28-5240. Civil penalty; violation; classification; attorney general enforcement
A. An equipment violation of this chapter or any rule adopted pursuant to this chapter is a civil traffic violation unless the violation requires issuance of an out-of-service order pursuant to section 28-5241.
B. The driver of a commercial motor vehicle who violates or fails to comply with this chapter or any rule adopted pursuant to this chapter is responsible for a civil traffic violation and is subject to a civil penalty of up to $500, unless the violation requires issuance of an out-of-service order pursuant to section 28-5241.
C. In addition to civil penalties imposed under this chapter and except as provided in subsections A and B of this section, a motor carrier, shipper or manufacturer that operates or causes to be operated a commercial motor vehicle in violation of this chapter or that knowingly violates or knowingly fails to comply with any provision of this chapter or with any rule adopted pursuant to this chapter is guilty of:
1. A class 2 misdemeanor for a first offense.
2. A class 1 misdemeanor for a second offense.
3. A class 6 felony for any subsequent offense.
D. The attorney general may enforce subsection C of this section.