Penalty for violating out-of-service order.

37-10-01-02. Penalty for violating out-of-service order. A person convicted of violating an out-of-service order issued under section 37-10-01-01 is deemed to have committed the offense of driving under suspension under North Dakota Century Code section 39-06-42. The suspension periods for driving a commercial motor vehicle in violation of the out-of-service order are: 1. For a first violation, the driver must be suspended for a period of one hundred eighty days; 2. For a second violation within ten years arising from separate incidents, the driver must be suspended for a period of two years; and 3. For a third or subsequent violation within ten years arising from separate incidents, the driver must be suspended for a period of three years. If the violation occurred while transporting hazardous material required to be placarded or while operating a motor vehicle designed to transport sixteen or more passengers including the driver, the suspension period must be one hundred eighty days for a first violation and three years for each subsequent violation arising from a separate incident during a ten-year period. History: Effective June 1, 1998; amended effective July 1, 2009. General Authority: NDCC 39-06.2-14 Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.51