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Current as of January 01, 2024 | Updated by FindLaw Staff
(1) An employer may not knowingly allow, require, permit, or authorize a person to operate a commercial motor vehicle in the United States:
(a) during any period in which the person's commercial driver’s license has been suspended, revoked, or cancelled by a state, the person has lost the privilege to operate a commercial motor vehicle in a state, or the person has been disqualified from operating a commercial motor vehicle;
(b) during any period in which the person has more than one commercial driver's license;
(c) during any period in which the person, the commercial motor vehicle the person is operating, or the motor carrier operation is subject to an out-of-service order; or
(d) in violation of a federal, state, or local law or regulation pertaining to railroad crossings.
(2) A violation of this section is a misdemeanor, and a person convicted of a violation of this section shall be fined not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense.
(3)(a) Except as provided in subsection (3)(b), an employer who violates this section is subject to a civil penalty of not less than $2,750 or more than $11,000.
(b) An employer who violates subsection (1)(d) is subject to a civil penalty of not more than $10,000.
(c) The department or the county attorney of the county in which the violation occurred may petition the district court to impose the civil penalty. Venue for an action to collect a civil penalty pursuant to this section is in the county in which the violation occurred.
(d) A civil penalty collected under this section must be deposited in the state general fund.
Cite this article: FindLaw.com - Montana Title 61. Motor Vehicles § 61-8-815. Employer not to permit operation of commercial motor vehicle in violation of state law or federal regulation--criminal and civil penalties - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-61-motor-vehicles/mt-code-ann-sect-61-8-815/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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