First Regular Session H.B. 2416
COMMITTEE ON APPROPRIATIONS
SENATE AMENDMENTS TO H.B. 2416
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 28-1095, Arizona Revised Statutes, is amended to read:
28-1095. Vehicle length; exceptions; permits; rules; definitions
A. A vehicle, including any load on the vehicle, shall not exceed a length of forty feet extreme overall dimension, including front and rear bumpers. This subsection does not apply to any of the following:
1. A semitrailer when used in combination with a truck or a truck tractor.
2. A truck that is equipped with a conveyor bed, that is used solely as a fiber and forage module mover and that does not exceed forty‑eight feet in length.
3. An articulated bus or articulated trolley coach that does not exceed a length of sixty feet.
4. A bus that is not articulated and that does not exceed a length of forty‑five feet.
5. A recreational vehicle, a power unit, a farm vehicle, a horse trailer or wheeled equipment as defined in section 28‑2153 if used in combination with two units and if the combination does not exceed sixty‑five feet in length.
6. A recreational vehicle as defined in section 41‑2142, paragraph 30, subdivision (b) that does not exceed a length of forty‑five feet.
B. A vehicle transporter may draw only one semitrailer. A combination of vehicles, excluding a vehicle transporter and the semitrailer it draws, that is coupled together shall not consist of more than two units, except that a truck or a truck tractor and semitrailer may draw either one trailer or a forklift.
C. The following restrictions apply:
1. The length of a semitrailer operating in a truck tractor‑semitrailer combination or a truck tractor‑semitrailer‑forklift combination shall not exceed fifty‑seven feet six inches.
2. The length of a semitrailer or trailer operating in a truck tractor‑semitrailer‑trailer combination shall not exceed twenty‑eight feet six inches.
3. The length of a trailer operating in a truck‑trailer combination shall not exceed twenty‑eight feet six inches.
4. If the length of a semitrailer is more than fifty‑three feet, the overall length of a truck tractor‑semitrailer combination shall not exceed sixty‑five feet on all highways, except for the national intercity truck route network designated by the United States secretary of transportation as required by the surface transportation assistance act of 1982 or on a system of highways that is designated by a local authority. In designating the streets, the local authority shall consider any reasonable restriction including such safety restrictions as structural hazards and street width and any other safety factors identified by the local authority as a hazard to the motoring public.
5. A vehicle transporter and the semitrailer it draws shall not exceed a length of seventy‑five feet.
6. A truck‑semitrailer combination shall not exceed an overall length of sixty-five feet.
D. Subsection B and subsection C, paragraphs 1 through 6 of this section do not apply to damaged, disabled or abandoned vehicles or combinations of vehicles while being towed by a tow truck in compliance with section 28‑1108 41‑1830.51.
E. Notwithstanding subsections B and C of this section, extensions of not more than three feet beyond the foremost part and six feet beyond the rear bed or body of a vehicle or combination of vehicles used to transport manufactured vehicles or fiber and forage shall not be included in measuring the length of the vehicle or combination of vehicles when loaded.
F. Pursuant to a permit issued pursuant to section 28‑1103, a truck or a truck tractor‑semitrailer may draw not more than two additional trailers or semitrailers. The department shall adopt rules governing the movement and safety of a combination of vehicles under this subsection and authorizing the issuance in advance of prepaid permits. The rules shall include the adoption of minimum speeds on grades, lighting, signing, identification and braking requirements and any other rules the department deems necessary. The permit issued pursuant to this subsection is limited to the following highways:
1. An interstate highway that connects with two states if both states allow such combinations of trailers or semitrailers and if the interstate highway does not exceed forty miles between the connecting states.
2. A state route or highway that is located within four miles of and extends to the border of this state and an adjacent state that allows such combinations of trailers or semitrailers.
3. A state route or highway that extends at least ten miles through an Indian reservation, that does not cross the Colorado river and that is located within twenty miles of and extends to the border of this state and an adjacent state that allows such combinations of trailers or semitrailers.
G. Notwithstanding subsections B and C of this section:
1. A motor vehicle may draw one single axle tow dolly on which a motor vehicle may be transported. A person shall secure the raised end of any motor vehicle being transported pursuant to this paragraph to the tow dolly by two separate chains, cables or equivalent devices adequate to prevent shifting or separation of the drawn vehicle and the tow dolly. For the purposes of this paragraph, "single axle tow dolly" means a vehicle drawn by a motor vehicle and designed and used exclusively to transport another motor vehicle by which the front or rear wheels of the drawn motor vehicle are mounted on the tow dolly while the other wheels of the drawn motor vehicle remain in contact with the ground.
2. A truck or a truck tractor may draw a trailer or semitrailer that does not exceed a length of fifty‑seven feet only on an interstate highway or on a highway that is within ten miles of an interstate highway if the trailer or semitrailer is manufactured in this state and is traveling with or without a load from its place of manufacture to be delivered for use outside this state.
3. A recreational vehicle may pull two units if all of the following conditions are met:
(a) The middle unit is equipped with a fifth wheel and brakes. The middle unit may be a farm vehicle or a horse trailer and shall have a weight equal to or greater than the rear unit.
(b) If the rear unit has a gross weight of three thousand pounds or more, it is equipped with brakes.
(c) The total combined gross weight of the towed units does not exceed the manufacturer's stated gross vehicle weight of the towing unit.
H. For the purposes of this section:
1. "Farm vehicle" has the same meaning prescribed in section 28‑2514.
2. "Recreational vehicle" means a motor vehicle that is designed and customarily used for private pleasure, including vehicles commonly called motor homes, pickup trucks with campers and pickup trucks with a fifth wheel trailing device.
Sec. 2. Section 28-2153, Arizona Revised Statutes, is amended to read:
28-2153. Registration requirement; exceptions; assessment; violation; classification
A. A person shall not operate, move or leave standing on a highway a motor vehicle, trailer or semitrailer unless the motor vehicle, trailer or semitrailer has been registered with the department for the current registration year or is properly registered for the current registration year by the state or country of which the owner or lessee is a resident.
B. A resident shall not operate, move or leave standing on a highway a motor vehicle, trailer or semitrailer that is:
1. Owned by a nonresident and that is primarily under the control of a resident of this state for more than seven months unless the motor vehicle, trailer or semitrailer has been registered with the department for the current registration year.
2. Leased by the resident for more than twenty‑nine days unless the motor vehicle, trailer or semitrailer has been registered with the department for the current registration year.
C. This section applies to a trailer or semitrailer without motive power unless the vehicle is disabled or is being towed as an abandoned vehicle at the direction of a law enforcement agency.
D. This section does not apply to:
1. A farm tractor.
2. A trailer used solely in the operation of a farm for transporting the unprocessed fiber or forage products of a farm or any implement of husbandry designed primarily for or used in agricultural operations and only incidentally operated or moved on a highway.
3. A road roller or road machinery, including a power sweeper, that is temporarily operating or moved on the highway.
4. An owner permitted to operate a vehicle under special provisions relating to lienholders, manufacturers, dealers and nonresidents.
5. Motorized or nonmotorized equipment designed primarily for and used in mining operations and only incidentally operated or moved on a highway.
6. A motor vehicle that is being towed by a tow truck that has been registered and for which a permit has been obtained pursuant to section 28‑1108 41‑1830.51.
7. A golf cart used in the operation of a golf course or only incidentally operated or moved on a highway.
8. Wheeled equipment. For the purposes of this paragraph, "wheeled equipment" means:
(a) A compressor.
(b) A forklift or a hay squeeze machine that is designed to load hay in an off‑road situation.
(c) A portable cement mixer.
(d) A single axle tow dolly as defined in section 28‑1095.
(e) A tar pot.
(f) A water trailer used for watering livestock or for agricultural or domestic purposes.
(g) A welder.
(h) Any other similar item designed and used primarily for construction or building trade purposes.
9. An all‑terrain vehicle or an off‑road recreational motor vehicle operating on a dirt road that is located in an unincorporated area of this state. For the purposes of this paragraph, "dirt road" means an unpaved or ungraveled road that is not maintained by this state or a city, town or county of this state.
10. A person operating an off‑highway vehicle who is participating in an off‑highway vehicle special event as defined in section 28‑1171.
11. An all-terrain vehicle or an off-highway vehicle as defined in section 28‑1171 that is only incidentally operated or moved on a highway.
E. A person who owns or operates a trailer that is exempt from registration pursuant to subsection D, paragraph 2 of this section shall notify the county assessor of the exemption, and the assessor shall assess the trailer.
F. A person who violates subsection E of this section is guilty of a class 2 misdemeanor.
Sec. 3. Section 28-3512, Arizona Revised Statutes, is amended to read:
28-3512. Release of vehicle; civil penalties; definition
A. An immobilizing or impounding agency shall release a vehicle to the registered owner before the end of the thirty day immobilization or impoundment period under any of the following circumstances:
1. If the vehicle is a stolen vehicle.
2. If the vehicle is subject to bailment and is driven by an employee of a business establishment, including a parking service or repair garage, who is subject to section 28‑3511, subsection A, B or C.
3. If the owner was operating the vehicle at the time of removal and either immobilization or impoundment and presents proof satisfactory to the immobilizing or impounding agency that the owner's driving privilege has been reinstated.
4. If all of the following apply:
(a) The owner or the owner's agent was not the person driving the vehicle pursuant to section 28‑3511, subsection A.
(b) The owner or the owner's agent is in the business of renting motor vehicles without drivers.
(c) The vehicle is registered pursuant to section 28‑2166.
(d) There was a rental agreement in effect at the time of the immobilization or impoundment.
5. For the spouse of the owner or any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the spouse or person was not the driver of the vehicle at the time of removal and either immobilization or impoundment and the spouse or person enters into an agreement with the immobilizing or impounding agency that stipulates that if the spouse or person allows a driver who does not have a valid driving privilege or a driver who commits a violation that causes the spouse's or person's vehicle to be removed and either immobilized or impounded pursuant to this article within one year after any agreement is signed by an immobilizing or impounding agency, the spouse or person will not be eligible to obtain release of the spouse's or person's vehicle before the end of the thirty day immobilization or impoundment period.
B. A vehicle shall not be released pursuant to subsection A of this section except pursuant to an immobilization or a poststorage hearing under section 28‑3514 or if all of the following are presented to the immobilizing or impounding agency:
1. The owner's or owner's spouse's currently valid driver license issued by this state or the owner's or owner's spouse's state of domicile.
2. Proof of current vehicle registration or a valid salvage or dismantle certificate of title.
3. Proof that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
4. If the person is required by the department to install a certified ignition interlock device on the vehicle, proof of installation of a functioning certified ignition interlock device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device.
C. The owner or the owner's spouse if the vehicle is released to the owner's spouse is responsible for paying all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28‑3513, unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges.
D. Before the end of the thirty day immobilization or impoundment period, the immobilizing or impounding agency shall release a vehicle to a person, other than the owner, identified on the department's record as having an interest in the vehicle immediately before the immobilization or impoundment if all of the following conditions are met:
1. The person is either of the following:
(a) In the business of renting motor vehicles without drivers and the vehicle is registered pursuant to section 28‑2166.
(b) A motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this state or is another person who is not the owner and who holds a security interest in the vehicle immediately before the immobilization or impoundment.
2. The person pays all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28‑3513 unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges.
3. The person presents foreclosure documents or an affidavit of repossession of the vehicle.
4. The person requesting release of the vehicle was not the person driving the vehicle at the time of removal and immobilization or impoundment.
E. Before a person described in subsection D of this section releases the vehicle to the owner who was operating the vehicle at the time of removal and immobilization or impoundment, the person described in subsection D of this section shall require the owner to present and shall retain for a period of at least three years from the date of releasing the vehicle a copy of all of the following:
1. A driver license issued by this state or the owner's or owner's agent's state of domicile.
2. A current vehicle registration or a valid salvage or dismantle certificate of title.
3. Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
F. The person described in subsection D of this section may require the owner to pay charges that the person incurred in connection with obtaining custody of the vehicle, including all immobilization, towing and storage charges that are related to the immobilization or impoundment of the vehicle and any administrative charges that are established pursuant to section 28‑3513.
G. A vehicle shall not be released after the end of the thirty day immobilization or impoundment period unless the owner or owner's agent presents all of the following to the impounding or immobilizing agency:
1. A valid driver license issued by this state or by the owner's or owner's agent's state of domicile.
2. A current vehicle registration or a valid salvage or dismantle certificate of title.
3. Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
4. If the person is required by the department to install a certified ignition interlock device on the vehicle, proof of installation of a functioning certified ignition interlock device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device.
H. The storage charges relating to the impoundment of a vehicle pursuant to this section shall be subject to a contractual agreement between the impounding agency and a towing firm for storage services pursuant to section 28‑1108 41‑1830.51 and shall be fifteen dollars for each day of storage, including any time the vehicle remains in storage after the end of the thirty day impoundment period.
I. The immobilizing or impounding agency shall have no lien or possessory interest in a stolen vehicle if the theft was reported to the appropriate law enforcement agency. The immobilizing or impounding agency shall release the vehicle to the owner or person other than the owner as identified in subsection D of this section even if the operator at the time of immobilization or impoundment has not paid all immobilization, towing, storage and administrative charges.
J. A person who enters into an agreement pursuant to subsection A, paragraph 5 of this section and who allows another person to operate the vehicle in violation of the agreement is responsible for a civil traffic violation and shall pay a civil penalty of at least two hundred fifty dollars.
K. A person described in subsection D, paragraph 1 of this section who violates subsection E of this section is responsible for a civil traffic violation and shall pay a civil penalty of at least two hundred fifty dollars.
L. For the purposes of this section, "certified ignition interlock device" has the same meaning prescribed in section 28‑1301.
Sec. 4. Title 41, chapter 12, Arizona Revised Statutes, is amended by adding article 12, to read:
ARTICLE 12. TOWING SERVICES
Sec. 5. Transfer and renumber
Section 28-1108, Arizona Revised Statutes, is transferred and renumbered for placement in title 41, chapter 12, article 12, Arizona Revised Statutes, as section 41-1830.51 and, as so renumbered, is amended to read:
41-1830.51. Vehicle towing; rules; contractual agreement for towing services; weight exemption
A. If a vehicle is towing another vehicle, the drawbar or other connection shall be of sufficient strength to pull all weight towed by the vehicle and the drawbar or other connection shall not exceed fifteen feet from one vehicle to the other, except the connection between any two vehicles transporting poles, pipe, machinery or other objects of a structural nature that cannot readily be dismembered. For the purposes of this subsection, "drawbar" means a rigid structure that connects a trailer and a towing vehicle and that articulates at the point of connection with the trailer and articulates at the point of connection with the towing vehicle.
B. If a vehicle is towing another vehicle and the connection consists of a chain, rope or cable, a white flag or cloth at least twelve inches square shall be displayed on the connection.
C. The director of the department of public safety shall:
1. Adopt and enforce rules that are not inconsistent with this chapter article to govern the design and operation of all tow trucks.
2. Adopt rules to protect consumers against being overcharged for towing services. The rules shall include the following provisions:
(a) A towing service provider who is contracted with the department may not charge for services in excess of the maximum allowable rates.
(b) Complaints shall be investigated pursuant to established department policies and procedures to the extent deemed necessary by the patrol district commander or the commander's authorized designee. On investigation, the patrol district commander or the commander's authorized designee shall classify each complaint as follows:
(i) Unfounded if the allegation is false or nonfactual.
(ii) Exonerated if the incident did occur, but was lawful or proper.
(iii) Not sustained if there is insufficient evidence either to prove or disprove the allegations.
(iv) Partially sustained if there are two or more allegations made and only a portion or some of the allegations are supported by sufficient evidence.
(v) Sustained if the allegation is supported by sufficient evidence.
(c) a larger class of tow vehicle used for lighter tows must be billed at the lighter duty towing service rates.
(d) All towing service invoices shall specify that the payor is able to file a complaint with the department for towing service overcharges.
D. A person may not operate a tow truck for the purpose of towing vehicles without first registering with the director of the department of public safety, obtaining a bond and obtaining a permit pursuant to the rules that govern tow trucks and that are adopted by the department of public safety.
E. The director of the department of public safety or a county, city or town may enter into a contractual agreement with a towing firm or firms for towing or storage services, or both. At the time of application for a contractual agreement, a towing firm must disclose in writing the owners of the towing firm and, if the owners own other towing firms that are also applying for the same contractual agreement, the names of those towing firms. The contractual agreement shall comply with this section and all rules adopted under this section. Contracts shall be awarded on the basis of competitive bidding. The director of the department of public safety or a county, city or town shall reserve the right to reject all bids. If only one bid is received, the director of the department of public safety or a county, city or town may reject the bid and negotiate a contract without bidding if the negotiated contract is at a price lower than the bid price under the terms and conditions specified in the call for bids.
F. Except as provided in subsection G of this section, a towing firm may only have one contractual agreement per geographic towing area with the department of public safety or a county, city or town for towing or storage services, or both. If an owner of a towing firm has a common ownership interest in another towing firm or the assets of another towing firm, the owner may not participate in any other application for a contractual agreement within the same geographic towing area.
G. If a towing firm that has a contractual agreement pursuant to this section acquires another towing firm that has a contractual agreement pursuant to this section, both contractual agreements remain valid for one year after the date of the acquisition.
H. Notwithstanding subsection F of this section, an agency may allow a towing firm to use resources from another towing firm if an agency deems the use of those resources is necessary for traffic incident management.
I. The total weight of a tow truck and the towed vehicle is exempt from the maximum total gross weight load allowed under section 28‑1100 if a damaged, disabled or abandoned vehicle or vehicle combination is towed.
Sec. 6. Title 41, chapter 12, article 12, Arizona Revised Statutes, is amended by adding sections 41-1830.52, 41-1830.53 and 41-1830.54, to read:
41-1830.52. Adjustment of department of public safety contractual agreements; towing; rates
The department shall adjust Department contractual agreements that are entered into or renewed on or after the effective date of this section with a towing firm for towing or storage services, or both, to conform to base rates that are set by the director and to reflect the results from the department rate surveys.
41-1830.53. Department of public safety contractual agreements; towing; maximum allowable rates
The director shall establish the maximum allowable rates for towing vehicle classifications used in department agreements with a towing firm for towing or storage services, or both.
41-1830.54. Department survey of existing service contract providers
A. The director shall conduct a survey of towing service providers in each geographical towing area by July 1 of each even-numbered year. the department shall determine survey data categories in consultation with a statewide towing industry association and providers of towing services. The director may consult additional stakeholders as needed. The data categories shall be used in subsequent surveys.
B. The department shall calculate the percentage difference in each data category from the previous survey conducted and shall adjust the towing service fees to reflect the percentage price difference in the aggregate of the data categories by January 1 of each even-numbered year.
Sec. 7. Department of public safety rules; towing services
The director of the department of public safety shall adopt rules establishing a heavy duty rotator recovery vehicle classification for towing services. The rules shall include rates and general guidelines for the use of heavy duty rotator recovery vehicles and shall define "heavy duty rotator recovery vehicle" as a tow vehicle that has all of the following:
1. A manufacturer's gross vehicle weight rating in excess of fifty-two thousand pounds.
2. A boom that is capable of moving its position to the side of the vehicle to perform recoveries and that has a boom rating of at least forty tons.
3. Air brakes that are capable of providing air to the towed vehicle's brakes.
Sec. 8. Department of public safety initial rate survey
On or before December 31, 2015, the department of public safety shall conduct a survey of existing towing service contract providers in each geographical towing area in an effort to establish baseline towing industry costs. The department of public safety shall determine survey data categories in consultation with a statewide towing industry association and providers of towing services. The director of the department of public safety may consult additional stakeholders as needed. The initial survey shall determine survey data category prices for all towing service vehicle classifications on or within ten days before or after July 1, 2010 except for a heavy duty rotator recovery vehicle.
Sec. 9. Conditional repeal; notice
A. Section 7 of this act is repealed as of the date the department of public safety adopts rules establishing a heavy duty rotator recovery vehicle classification for towing services and rates and general guidelines for the use of heavy duty rotator recovery vehicles, including defining "heavy duty rotator recovery vehicle" as a tow vehicle that has all of the following:
1. A manufacturer's gross vehicle weight rating in excess of fifty-two thousand pounds.
2. A boom that is capable of moving its position to the side of the vehicle to perform recoveries and that has a boom rating of at least forty tons.
3. Air brakes that are capable of providing air to the towed vehicle's brakes.
B. The department of public safety shall notify in writing the director of the Arizona legislative council of this date.
Sec. 10. Conditional repeal; notice
A. Section 8 of this act is repealed on December 31, 2016 if the department of public safety has adjusted towing service prices in its contractual agreements with towing firms as a result of rate surveys conducted by the department of public safety.
B. The department of public safety shall notify in writing the director of the Arizona legislative council if the towing service prices are adjusted pursuant to subsection A of this section.
Sec. 11. Conditional repeal; notice
A. Section 41-1830.53, Arizona Revised Statutes, is repealed on December 31, 2016 if the department of public safety has adjusted towing service prices in its contractual agreements with towing firms as a result of rate surveys conducted by the department of public safety.
B. The department of public safety shall notify in writing the director of the Arizona legislative council if the towing service prices are adjusted pursuant to subsection A of this section.
Sec. 12. Conditional repeal; notice
A. Section 41-1830.54, Arizona Revised Statutes, is repealed as of the date the department of public safety establishes the maximum allowable rates for towing vehicle classifications used in department of public safety contractual agreements with a towing firm for towing or storage services, or both.
B. The department of public safety shall notify in writing the director of the Arizona legislative council of this date."
Amend title to conform