Legislative Watch 
LEGISLATIVE
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5/3/06-Gov. Bill Owens recently signed a bill into law that increases the penalty for violating an out-of-service order.
Drivers who violate the order will face a mandatory court appearance, fines between $100 and $1,000, between 10 days and 12 months in jail, and mandatory license suspension. Plea bargaining and deferred sentencing are prohibited.
First-time offenders will have their license suspended for 90 days to one year. The same violation within 10 years of the original violation will result in a suspension for one to five years. A third conviction within 10 years will result in a three- to five-year suspension.
Hazardous materials haulers or drivers with an endorsement to transport more than 16 passengers would face suspensions that are double the regular amount.
Suspensions will automatically be set at the maximum. A driver can request an administrative hearing to have the length of suspension reduced.
The new law, previously HB1118, also changes the periods of revocation for alcohol-related offenses by commercial drivers to match federal regulations. Those periods of revocation range from one year to a lifetime ban.
In addition, it clarifies that an “out-of-service order” includes an order issued under federal, state, local, or under Canadian or Mexican law.
