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Section: 302.0756 Violation of out-of-service order by driver or employer knowing driver is in violation, civil penalties. RSMO 302.756


Published: 2015

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Missouri Revised Statutes













Chapter 302

Drivers' and Commercial Drivers' Licenses

←302.755

Section 302.756.1

302.760→

August 28, 2015

Violation of out-of-service order by driver or employer knowing driver is in violation, civil penalties.

302.756. 1. Notwithstanding any other provision of law to the contrary,

any driver who violates or fails to comply with an out-of-service order is

subject to a civil penalty not to exceed an amount as determined by the

Secretary pursuant to 49 CFR Part 383, or as amended by the Secretary, in

addition to disqualification as provided by law. Any civil penalty

established in this section shall not become effective and enforced until

October 1, 1996.



2. Any employer who violates an out-of-service order, or who knowingly

requires or permits or authorizes a driver to violate or fail to comply with

an out-of-service order or to commit a railroad crossing violation, is

subject to a civil penalty not to exceed an amount as determined by the

Secretary pursuant to 49 CFR Part 383, or as amended by the Secretary.



3. The chief counsel to the state highways and transportation commission

shall bring an action in accordance with the procedures under section 390.156

to recover a civil penalty under this section against a driver who violates or

fails to comply with an out-of-service order, or against an employer who

violates an out-of-service order or knowingly requires or permits a driver to

violate or fail to comply with an out-of-service order, or both.



4. In addition to any other remedies under this section, actions under

this section may be brought against a driver or employer who violates or

fails to comply with an out-of-service order with reference to a motor

vehicle or combination of motor vehicles used in intrastate commerce which has

a capacity of more than five passengers, excluding the driver.



(L. 1995 H.B. 717, A.L. 2004 S.B. 1233, et al.)



Effective 9-30-05





1995



1995



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Missouri General Assembly



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