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§ 46.2-341.21. Driving while disqualified; penalties.
No person whose privilege to drive a commercial motor vehicle has been suspended or revoked or who has been disqualified from operating a commercial motor vehicle or who has been ordered out of service, and who has been given notice of, or reasonably should know of the suspension, revocation, disqualification, or out-of-service order shall operate a commercial motor vehicle anywhere in the Commonwealth until the period of such suspension, revocation, disqualification, or out-of-service order has terminated. |
Any person who violates this section shall, for the first offense, be guilty of a Class 2 misdemeanor, and for the second or any subsequent offense, be guilty of a Class 1 misdemeanor; however, if the offense is the violation of an out-of-service order, the minimum fine shall be $1,000 for any driver so convicted and $2,500 for any motor carrier so convicted, and the maximum fine shall be $2,500 for any driver so convicted and $10,000 for any motor carrier so convicted. Upon receipt of a record of a violation of this section, the Commissioner shall impose an additional suspension, revocation, or disqualification period equal to the period for which the driver's privilege to operate a motor vehicle was suspended or revoked or for which the driver was disqualified when he violated this section; however, if the offense was the violation of an out-of-service order, the Commissioner shall impose a disqualification period of 180 days, unless the records of the Department show that the driver has been previously convicted of violating an out-of-service order for an offense committed within ten years of the current offense, in which case the Commissioner shall impose a disqualification period of three years. |
Notice of disqualification or of revocation or suspension of the license or privilege to operate a commercial motor vehicle is sufficient if served in accordance with the provisions of § 46.2-416. |
(1989, c. 705, § 46.1-372.20; 1990, c. 218; 1995, cc. 145, 151.)
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