(a) An individual commits the offense of operating a commercial motor vehicle without proper documentation if the individual knowingly:
(1) Holds a valid commercial driver license issued by a foreign government; and
(2) Does not have the additional entry documents required under 8 C.F.R. § 214.2(b)(4) in his or her immediate possession while operating a commercial motor vehicle.
(b)(1) Except as provided in subdivision (2), a violation of this section is a Class D felony and subject to any of the following:
a. The impounding of the commercial motor vehicle.
b. A one thousand dollar ($1,000) fine for the driver.
c. A two thousand dollar ($2,000) fine for the commercial motor carrier.
(2) A violation of this section is a Class A misdemeanor if the individual establishes by a preponderance of the evidence that at the time the offense was committed, the individual had been issued the additional entry documents required under 8 C.F.R. § 214.2(b)(4).