(1) The Department of Transportation shall impose a civil penalty on the operator of a commercial motor vehicle if:
(a) The operator has violated an out-of-service order issued under ORS 813.050 or any other out-of-service order or notice issued by the department or an authorized representative of the department; or
(b) The department receives notification that a person has violated any out-of-service order or notice issued by a state or federal agency.
(2) For the purposes of this section, notification may include, but is not limited to, a record of conviction or a record of a determination by a state or federal agency with jurisdiction to determine that the operator has violated an out-of-service order or notice.
(3) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745 and may not be reduced. The civil penalties are:
(a) $2,500 for the first violation of an out-of-service order or notice.
(b) $5,000 for a second or subsequent violation of an out-of-service order or notice. [2009 c.395 §14]