61-8-815. Employer not to permit operation of commercial motor vehicle in violation of state law or federal regulation -- criminal and civil penalties. (1) An employer may not knowingly allow, require, permit, or authorize a person to operate a commercial motor vehicle in the United States:
     (a) during any period in which the person's commercial driver's license has been suspended, revoked, or canceled by a state, the person has lost the privilege to operate a commercial motor vehicle in a state, or the person has been disqualified from operating a commercial motor vehicle;
     (b) during any period in which the person has more than one commercial driver's license;
     (c) during any period in which the person, the commercial motor vehicle the person is operating, or the motor carrier operation is subject to an out-of-service order; or
     (d) in violation of a federal, state, or local law or regulation pertaining to railroad crossings.
     (2) A violation of this section is a misdemeanor, and a person convicted of a violation of this section shall be fined not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense.
     (3) (a) Except as provided in subsection (3)(b), an employer who violates this section is subject to a civil penalty of not less than $2,750 or more than $11,000.
     (b) An employer who violates subsection (1)(d) is subject to a civil penalty of not more than $10,000.
     (c) The department or the county attorney of the county in which the violation occurred may petition the district court to impose the civil penalty. Venue for an action to collect a civil penalty pursuant to this section is in the county in which the violation occurred or in the first judicial district.
     (d) A civil penalty collected under this section must be deposited in the state general fund.

     History: En. Sec. 3, Ch. 428, L. 2005.