Mandatory suspension of commercial driver’s license upon notice of conviction of violation of federal regulations regarding out-of-service declaration; civil penalties; reinstatement; regulations.

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1. If the Department receives notice that a person who holds a commercial driver’s license has been convicted of driving a commercial motor vehicle in violation of an out-of-service declaration, as described in 49 C.F.R. § 395.13, the Department shall:

(a) Suspend the privilege of the person to operate a commercial motor vehicle for the period set forth in 49 C.F.R. § 383.51(e); and

(b) In addition to any other applicable fees and penalties that must be paid to reinstate the commercial driver’s license after suspension, impose against the person a civil penalty in the amount set forth in 49 C.F.R. § 383.53(b)(1).

2. If the Department receives notice that the employer of a person who holds a commercial driver’s license has been convicted of a violation of 49 C.F.R. § 383.37(c) for knowingly allowing, requiring, permitting or authorizing the person to operate a commercial motor vehicle during any period in which the person or the commercial motor vehicle is subject to an out-of-service order, the Department shall impose against the employer a civil penalty in the amount set forth in 49 C.F.R. § 383.53(b)(2).

3. All money collected by the Department pursuant to paragraph (b) of subsection 1 or subsection 2 must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

4. The Department shall adopt regulations to carry out the provisions of this section.

(Added to NRS by 2011, 404)


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