28-5234. Exemption from rules on drivers’ qualification and hours of service; definitions A. If the department adopts 49 Code of Federal Regulations parts 390 through 397 as a rule, a telecommunications corporation engaged in rendering public utility service or a railroad and its employees whose work necessarily involves the operation of a motor vehicle weighing […]
28-5235. Notification; denial of vehicle registration and operating privileges; audits A. A person who owns or leases a vehicle transporting hazardous materials, hazardous substances or hazardous wastes shall notify the director of all vehicles transporting the materials, substances or wastes in a manner prescribed by the director. Each notification shall contain the name and current […]
28-5236. Violations; inspection; material containment A. A person shall not operate a vehicle that transports hazardous materials, hazardous substances or hazardous wastes on a highway in this state unless the vehicle has been properly inspected pursuant to 49 Code of Federal Regulations. B. A person shall not transport or cause the transportation of hazardous materials, […]
28-5237. Noncompliance; hearing; suspension of registration or license; civil penalty A. The director may conduct a hearing if a law enforcement agency authorized to enforce this chapter alleges that probable cause exists that a manufacturer, shipper, motor carrier or driver refuses to comply with section 28-5231 or has failed to comply with this chapter or […]
28-5238. Civil penalty schedule; suspension of registration or license; reinstatement; enforcement A. If the director imposes a civil penalty on the manufacturer, motor carrier, shipper or driver, the civil penalty is determined pursuant to the following schedule: 1. A minimum civil penalty of one thousand dollars but not more than five thousand dollars, or if […]
28-5239. Judicial review Decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6. The court shall consider only evidence that was presented at the original hearing.
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 […]
28-5241. Out-of-service orders; violation; civil penalty; definition A. A motor carrier shall not require or allow a driver: 1. To operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed. 2. Who is subject to an out-of-service order to operate a […]
28-5242. Registration requirements; interstate or foreign commerce; enforcement; violations; classification A. A motor carrier shall not operate in this state a motor vehicle involved in interstate or foreign commerce or require or allow a driver to operate a motor vehicle involved in interstate or foreign commerce unless the motor carrier is registered pursuant to 49 […]
28-5243. Railroad crossing violations; civil penalty A. A motor carrier shall not knowingly require, authorize or permit a driver to violate any federal, state or local railroad crossing law, ordinance or regulation. B. The court shall impose a civil penalty of not more than ten thousand dollars on a motor carrier who violates this section. […]
28-5244. Motor carriers; civil penalty; definition A. Notwithstanding any other law, a foreign motor carrier or foreign private motor carrier that is required to have a certificate of registration issued by the United States secretary of the department of transportation pursuant to 49 Code of Federal Regulations sections 368.1 through 368.8 shall not do any […]
28-9521. Unlawful use of vehicle for hire; violation; classification A. When any vehicle for hire specified in this chapter is in commercial use and a valid permit has not been procured by the vehicle for hire company, the department, after giving notice of the permit requirements to the vehicle for hire company, shall prohibit the […]
28-9522. Revocation or suspension of permits; procedure; judicial review A. Except as otherwise provided by this section, any proceeding to revoke or suspend a permit issued pursuant to this chapter shall be conducted in accordance with title 41, chapter 6, article 10. B. The director may initiate proceedings for revocation or suspension of a permit […]
28-9523. Violations; classification; jurisdiction A. A person is guilty of a class 1 misdemeanor who: 1. Knowingly hinders, interferes with or obstructs in any way the director or any of the director’s agents or inspectors in entering the premises where a taxi meter may be kept for inspecting or testing or in the performance of […]
28-9524. Taxi meter; presumptive evidence of use When a taxi meter is in or about any place in which or from which a vehicle for hire transaction is commonly carried on, there is a rebuttable presumption that the taxi meter is regularly used for the business purpose of the place.
28-9525. Civil penalties A. A person who violates this chapter, any rule of the department or any permit requirement is subject to a civil penalty imposed by the director. A person who violates this chapter, any rule of the department or any permit requirement may request a hearing to review a civil penalty imposed under […]
28-9526. Delinquent civil penalties and fees In addition to any other penalty, if a civil penalty or any fee due pursuant to this chapter has not been paid within thirty days after the due date, the civil penalty or fee is delinquent and the department may refuse to issue a permit or may revoke a […]
28-9527. Transaction privilege tax prohibited A vehicle for hire owner, company or driver that has a permit issued pursuant to article 1 of this chapter is exempt from transaction privilege tax pursuant to sections 42-5062 and 42-6004 on income derived from transporting persons for hire.
