39. A peace officer may issue an out-of-service declaration in respect of a driver if
(1) the driver contravenes paragraph 1 of section 519.8.1 of the Highway Safety Code (chapter C-24.2);
(2) the driver fails to comply with any of the hours of driving or hours of rest requirements of Chapter II or the requirements of the permit issued under Chapter III;
(3) the driver is unable or refuses to produce to a peace officer or an inspector the daily logs, supporting documents or any other register that the driver must possess under section 34;
(4) there is evidence that shows that the driver has completed more than one daily log, has entered inaccurate information in the daily log or has falsified information in the daily log; or
(5) the driver has mutilated or defaced a daily log or a supporting document in such a way that the peace officer cannot determine whether the driver has complied with the hours or driving and hours of rest requirements of Chapter II or the requirements of a permit issued under Chapter III.