COMMITTEE ON TRANSPORTATION
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1218
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 28-601, Arizona Revised Statutes, is amended to read:
28-601. Definitions
In this chapter, unless the context otherwise requires:
1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle either:
(a) Has a gross combined weight rating of twenty‑six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds.
(b) Has a gross vehicle weight rating of twenty‑six thousand one or more pounds.
(c) Is a school bus.
(d) Is a bus.
(e) Is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation act (49 United States Code sections 5101 through 5127) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title.
2. "Controlled access highway" means a highway, street or roadway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in the manner determined by the public authority that has jurisdiction over the highway, street or roadway.
3. "Crosswalk" means:
(a) That part of a roadway at an intersection included within the prolongations or connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in absence of curbs, from the edges of the traversable roadway.
(b) Any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface.
4. "Escort vehicle" means a vehicle that is required pursuant to rules adopted by the department to escort motor vehicles or combinations of vehicles that require issuance of a permit pursuant to article 18 or 19 of this chapter for operation on the highways of this state.
4. 5. "Explosives" means any chemical compound, mixture or device that is commonly used or intended for the purpose of producing an explosion and that is defined in 49 Code of Federal Regulations part 173.
5. 6. "Flammable liquid" means any liquid that has a flash point of less than one hundred degrees Fahrenheit and that is defined in 49 Code of Federal Regulations section 173.120.
6. 7. "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle.
7. 8. "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. If a highway includes two roadways thirty or more feet apart, each crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways thirty or more feet apart, each crossing of two roadways of the highways is a separate intersection.
8. 9. "License" means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state that pertain to the licensing of persons to operate motor vehicles.
9. 10. "Motorized wheelchair" means any self‑propelled wheelchair that is used by a person for mobility.
10. 11. "Official traffic control device" means any sign, signal, marking or device that is not inconsistent with this chapter and that is placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.
11. 12. "Park", if prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
12. 13. "Pneumatic tire" means a tire in which compressed air is designed to support the load.
13. 14. "Pole trailer" means a vehicle that is all of the following:
(a) Without motive power.
(b) Designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle.
(c) Used ordinarily for transporting long or irregularly shaped loads such as poles, pipes or structural members capable generally of sustaining themselves as beams between the supporting connections.
14. 15. "Police officer" means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or other offenses.
15. 16. "Private road or driveway" means a way or place that is in private ownership and that is used for vehicular travel by the owner and those persons who have express or implied permission from the owner but not by other persons.
16. 17. "Railroad" means a carrier of persons or property on cars operated on stationary rails.
17. 18. "Railroad sign or signal" means a sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
18. 19. "Railroad train" means a steam engine or any electric or other motor that is with or without cars coupled to the steam engine or electric or other motor and that is operated on rails.
19. 20. "Roadway" means that portion of a highway that is improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, roadway refers to any such roadway separately but not to all such roadways collectively.
20. 21. "Safety zone" means the area or space that is both:
(a) Officially set apart within a roadway for the exclusive use of pedestrians.
(b) Protected or either marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
21. 22. "Sidewalk" means that portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines and that is intended for the use of pedestrians.
22. 23. "Solid tire" means a tire that both:
(a) Is made of rubber or other resilient material.
(b) Does not depend on compressed air for the support of the load.
23. 24. "Stop", if required, means complete cessation from movement.
24. 25. "Stop, stopping or standing", if prohibited, means any stopping or standing of an occupied or unoccupied vehicle, except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or traffic control sign or signal.
25. 26. "Through highway" means a highway or portion of a highway at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and when stop signs are erected as provided in this chapter.
26. 27. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel.
27. 28. "Traffic control signal" means a device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
28. 29. "Truck" means a motor vehicle that is designed, used or maintained primarily for the transportation of property.
Sec. 2. Section 28-1091, Arizona Revised Statutes, is amended to read:
28-1091. Violation; scope and effect
A. A person shall not drive or move and the owner of a vehicle shall not knowingly cause or permit to be driven or moved on a highway a vehicle or vehicles of a size or weight exceeding the limitations stated in this article or otherwise in violation of this article.
B. The maximum size and weight of vehicles specified in this article are lawful throughout this state. A local authority shall not alter the limitations stated in this article unless authorized by this article.
C. The size, weight and load provisions of this article do not apply to either:
1. Fire apparatus.
2. Urban public transit transportation system vehicles.
3. Implements of husbandry, including farm tractors, that are temporarily moved on a highway.
4. Vehicles operated under the terms of a special permit issued pursuant to this article.
D. A law enforcement officer shall not issue a citation to or detain a motor carrier who does not have a permit issued by the department or a local authority if the motor carrier is on a street or roadway that is controlled by a local authority and all of the following apply:
1. The local authority does not issue permits pursuant to section 28‑1103.
2. The motor carrier is unable to obtain a permit required by section 28‑1103 from the department solely for the reason that the motor carrier is operating on streets and roadways that are under the jurisdiction of a local authority.
3. The motor carrier is in compliance with rules adopted by the department pursuant to section 28-1103 or ordinances adopted by the local authority that relate to the movement of overdimensional or overweight vehicles.
E. Escort vehicle operators are not responsible for violations of this article or article 19 of this chapter committed by the operator of the escorted vehicle or the owner of the escorted vehicle.
Sec. 3. Section 28-1103, Arizona Revised Statutes, is amended to read:
28-1103. Excess size and weight special permits; definition
A. Subject to section 28‑1104, subsection E, on application in writing and for good cause, the director with respect to highways under the jurisdiction of the department and a local authority with respect to highways under its jurisdiction may issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with this chapter on any highway under the jurisdiction of the party granting the permit and for the maintenance of which the party is responsible.
B. A special permit may be issued for the movement of overdimensional and overweight loads that is subject to department rules for overdimensional and overweight loads. The director shall adopt rules for overdimensional and overweight loads. The director may establish fees to cover all or part of the cost of review and analysis of requests for overdimensional and overweight load permits. The department shall collect the fees, in addition to the special permit fee provided by this section.
C. Subject to this section, the director or local authority may issue the following special permits that are valid for one year and that may be limited by the director or local authority:
1. A special permit authorizing the applicant to transport a load by means of a truck or truck tractor, a semitrailer and one full trailer combination, if all of the following conditions are met:
(a) The combination does not exceed one hundred eleven thousand pounds of gross vehicle weight.
(b) The axle weight limitations are subject to sections 28‑1099 and 28‑1100.
(c) The vehicle combination is traveling within twenty miles of the borders of this state and an adjacent state that allows such combinations of length and gross vehicle weight.
2. Except on the national intercity truck route network as designated by the United States secretary of transportation as required by the surface transportation assistance act of 1982, a special permit authorizing the applicant to transport a load by means of a truck or truck tractor, a semitrailer and not more than two trailers if all of the following conditions are met:
(a) The overall length of the cargo carrying unit of the vehicle combination does not exceed ninety-five feet.
(b) The axle weight limitations conform to sections 28‑1099 and 28‑1100.
(c) The overall gross weight of the vehicle combination does not exceed one hundred twenty‑one thousand pounds for nine axles or one hundred twenty‑three thousand five hundred pounds for ten axles.
(d) The vehicle combination is traveling on either:
(i) Portions of an alternate state route that is located within four miles of and extends to the border of this state and an adjacent state that allows vehicle combinations of a truck or a truck tractor, a semitrailer and two trailers or semitrailers.
(ii) A state route that extends at least ten miles through an Indian reservation, does not cross the Colorado river and is located within twenty miles of and extends to the border of this state and an adjacent state that allows two trailers or semitrailers.
3. On application in writing by an owner of a watercraft as defined in section 5‑301 and on good cause shown, a special excess width permit for a fee of forty‑five dollars for each watercraft covered by the permit that:
(a) Authorizes the owner to move a vehicle loaded with the watercraft on a highway under the jurisdiction of the issuer if all of the following conditions exist:
(i) The total outside width of the vehicle and watercraft does not exceed ten feet.
(ii) The vehicle loaded with the watercraft is otherwise in conformity with the limitations prescribed by this chapter.
(iii) The watercraft is properly registered with the Arizona game and fish department.
(b) Contains the watercraft registration number.
D. The director may issue a special excess width permit for the operation of a vehicle with a reducible load only if both:
1. The load exceeds the width limitation prescribed in this section.
2. The load does not exceed ten feet in width.
E. Subject to this section and on receipt of an application, the director or local authority shall issue a permit that is valid for one year and that authorizes the commercial movement of recreational vehicles as defined in section 41‑2142 that exceed the size restrictions prescribed in this article. There is no limit on the number of movements generated or the number of vehicles moved by the permittee under a permit issued pursuant to this subsection. Notwithstanding section 28‑1104, additional permit requirements shall not be imposed on the commercial movement of these recreational vehicles if the recreational vehicles comply with section 28‑1093, subsection D.
F. If a local authority issues permits pursuant to this section, the local authority shall in a timely manner provide to the department in an electronic format prescribed by the director all current ordinances and rules of the local authority relating to the permits. The department shall make the ordinances and rules available to the public in an electronic format.
G. The department is immune from liability for providing to the public a local authority's ordinances or rules relating to permits issued by the local authority pursuant to this section if the department relies on the information submitted by the local authority in good faith.
F. H. For the purposes of this section, "cargo carrying unit" means any portion of a commercial motor vehicle combination used for the carrying of cargo, including a trailer, a semitrailer or the cargo carrying section of a single unit truck. Cargo carrying unit does not include the truck or truck tractor.
Sec. 4. Title 28, chapter 3, article 18, Arizona Revised Statutes, is amended by adding section 28-1110, to read:
28-1110. Escort vehicle operation; training and certification; exemption
A. Any individual operating an escort vehicle that is escorting a vehicle required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state shall have completed training in and be certified by a program that meets the escort vehicle operator training and certification standards of the commercial vehicle safety alliance or an equivalent program that meets the same objectives.
B. An Escort vehicle operator shall repeat training and certification requirements at least once every four years.
C. An escort vehicle operator shall:
1. Be at least eighteen years of age.
2. Have a valid driver license.
3. Have a legible escort vehicle operator certificate in the operator's immediate possession while operating AN escort vehicle that is escorting a vehicle required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state.
D. An individual who operates AN escort vehicle in violation of this section or rules adopted by the director relating to the operation of escort vehicles is responsible for a civil traffic violation.
E. A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked and a court shall not transmit abstracts of records of judgment for the violation to the department.
F. This section does not apply to law enforcement personnel ESCORTING overdimensional permitted loads in the conduct of their normal duties or under contract to governmental entities.
Sec. 5. Section 28-1142, Arizona Revised Statutes, is amended to read:
28-1142. Application
A. A person shall not operate, move or leave standing on a highway of this state a vehicle that is carrying or transporting cargo and that is required to have a permit for excess size or weight or that is otherwise not in conformity with this chapter unless the department issued an envelope permit or the person obtained a permit pursuant to section 28‑1103.
B. A person shall submit an application for an envelope permit to the director in writing on a form prescribed and furnished by the director. The application shall be verified and shall state:
1. The principal place of business of the applicant.
2. The established place of business or the place of business at or from which the business is to be conducted.
3. The vehicle identification number of and the make of the vehicle that the applicant lists as an authorized vehicle on the envelope permit.
4. Other information the director requires.
C. The director shall deny an application for an envelope permit if the applicant knowingly makes a misrepresentation, misstatement or material omission of information on the application. A person who is denied an envelope permit pursuant to this subsection is not eligible to reapply for an envelope permit for a period of up to twenty‑four months from the date of the denial.
D. this article, article 18 of this chapter and department rules relating to envelope permits and overdimensional permits apply if a local authority does not issue permits pursuant to section 28-1103.
E. The department shall make its rules relating to envelope permits and overdimensional permits electronically available in a format that is the same or similar to the format prescribed by the director pursuant to section 28-1103.
Sec. 6. Section 28-1145, Arizona Revised Statutes, is amended to read:
28-1145. Third party permit issuance
The director, in consultation with the overdimensional permit advisory council established by section 28‑1150, may authorize third parties pursuant to chapter 13, article 1 of this title to issue permits pursuant to article 18 of this chapter and this article.
Sec. 7. Section 28-1150, Arizona Revised Statutes, is amended to read:
28-1150. Overdimensional permit council
A. An overdimensional permit advisory council is established consisting of the following nine members who are appointed by the governor:
1. One member representing the department of public safety.
2. One member representing the department of transportation.
3. Four members representing motor carriers.
4. One member from a municipal law enforcement agency of a city or town with a population of more than one hundred thousand persons.
5. One member from a municipal law enforcement agency of a city or town with a population of one hundred thousand persons or less.
6. One member representing the governor's office of community and highway safety.
B. The members serve staggered three year terms.
C. The overdimensional permit advisory council shall:
1. Meet at least annually.
2. Select from its members a person to serve as chairperson.
3. Advise and assist the department of transportation in developing rules required to administer this article and article 18 of this chapter.
4. Advise and consult with the motor carrier industry, department of transportation and state and local law enforcement agencies concerning matters relating to overdimensional permits.
5. Establish a mailing list that includes any party expressing an interest in the advisory council's activities. The advisory council shall provide the list to the department of transportation, and the department of transportation shall send notice by first class mail to each person on the list at least fifteen days before the date on which each meeting of the advisory council is to be held.
D. Members of the overdimensional permit advisory council are not eligible to receive compensation or reimbursement for expenses.
E. The overdimensional permit advisory council is subject to title 38, chapter 3, article 3.1."