SCS/SB 354 - This act allows the state Highways Commission to suspend, revoke or cancel the registration, license, permit or other credential issued to a motor carrier if a federal agency or the commission has issued an out-of-service order against the motor carrier. The law is applicable to out-of-service orders placing a motor carrier's entire operation out of service but does not apply to out-of-service orders placing an individual driver or vehicle out of service. If the commission issues an order under this act, the motor carrier shall not operate any commercial motor vehicles and shall not allow any employees to operate any commercial motor vehicles in intrastate or interstate commerce. After the commission has issued an order, the motor carrier shall surrender all license plates, motor carrier licenses, registrations, permits, and other credentials. After the commission has issued an order, the out-of-state motor carrier shall not be eligible to apply for the issuance or reinstatement of any license, registration, permit, certificate or other credential until the out-of-service order has been rescinded or the orders have been set aside by a court of proper jurisdiction.
The act establishes provides that any federal or state order shall be admissible in administrative and court proceedings and that such orders shall constitute prima facie evidence that the motor carrier violated federal regulations or that the motor carrier's operation of commercial motor vehicles poses an imminent hazard.
The act allows persons aggrieved by a commission's order to appeal to a circuit court for a hearing and review of the order. Judicial review of the order will be waived unless the petition is filed within 30 days of the issuance of the order.
Under this act, the commission may receive and disclose any data relating to any out-of-service motor carrier to the Federal Motor Carrier Administration, the Department of Revenue, the highway patrol, other law enforcement agencies, and motor carrier liability insurance companies.
The Department of Revenue may immediately, without a hearing, update the records to reflect the suspension, revocation or cancellation of all motor vehicle license plates, registrations, and other credentials. The Department of Revenue shall notify the motor carrier, and the commission, of all actions taken pursuant to the commission's order.
STEPHEN WITTE