Forty-eighth Legislature††††††††††††††††††††††††††††††††††††††††††††††††† NRPS

First Regular Session††††††††††††††††††††††††††††††††††††††††††††††† S.B. 1640

 

PROPOSED

HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1640

(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:

START_STATUTE28-601.  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.

5.  4.  "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.

6.  5.  "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.

7.  6.  "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle.

8.  7.  "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.

9.  8.  "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.

10.  9.  "Motorized wheelchair" means any self‑propelled wheelchair that is used by a person for mobility.

11.  10.  "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.

12.  11.  "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.

13.  12.  "Photo enforcement system" means a device substantially consisting of a radar unit or sensor linked to a camera or other recording device that produces one or more photographs, microphotographs, videotapes or digital or other recorded images of a vehicle's license plate for the purpose of identifying violators of articles 3 and 6 of this chapter.

4.  13.  "Pilot car 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.

14.  "Pneumatic tire" means a tire in which compressed air is designed to support the load.

15.  "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.

16.  "Police officer" means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or other offenses.

17.  "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.

18.  "Railroad" means a carrier of persons or property on cars operated on stationary rails.

19.  "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.

20.  "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.

21.  "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.

22.  "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.

23.  "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.

24.  "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.

25.  "Stop", if required, means complete cessation from movement.

26.  "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.

27.  "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.

28.  "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel.

29.  "Traffic control signal" means a device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

30.  "Truck" means a motor vehicle that is designed, used or maintained primarily for the transportation of property. END_STATUTE

Sec. 2.  Section 28-958.01, Arizona Revised Statutes, is amended to read:

START_STATUTE28-958.01.  Rear fender splash guards

A.  A person shall not operate a truck, trailer, semitrailer or bus on a highway unless the vehicle is equipped with rear fender splash guards that comply with the specifications provided in this section.

B.  The splash guards:

1.  Shall be attached in a manner that prevents the splashing of mud or water on the windshield of other motor vehicles.

2.  Shall extend to a length of not more than eight eleven inches from the ground.

3.  Shall be wide enough to cover the full tread or treads of the tires being protected.

4.  Shall be installed close enough to the tread surface of the tire or wheel to control the side throw of the bulk of the thrown road surface material.

5.  May be constructed of a flexible rubberized material.

6.  Shall be attached in a manner that, regardless of movement either in the splash guards or the vehicle, the splash guards retain their general parallel relationship to the tread surface of the tire or wheel under all ordinary operating conditions.

C.  This section does not apply to:

1.  A vehicle commonly known as a pickup truck with a manufacturer's rating of three-quarter ton or less, except that this section applies if the pickup truck has been modified from the original bumper height design to raise the center of gravity of the pickup truck.

2.  A truck tractor or converter dolly when used in combination with another vehicle.

3.  A single, tandem or triple axle trailer with fenders that are wide enough to cover the full tread or treads of the tires being protected and that extend to a length of not more than fourteen inches from the ground.END_STATUTE

Sec. 3.  Title 28, chapter 3, article 18, Arizona Revised Statutes, is amended by adding section 28-1090, to read:

START_STATUTE28-1090.  Director's authority to alter routes by policy

A.  Notwithstanding title 41, chapter 6:

1.  The director shall issue a substantive policy statement that allows for the temporary alteration of existing route restrictions established by a current rule for excess size and weight vehicles.† The director shall sign this substantive policy statement.

2.  A substantive policy statement that alters route restrictions and that is issued by the director pursuant to paragraph 1 has the same force and effect as an administrative rule adopted pursuant to title 41, chapter 6, article 3, but shall not be valid for more than one year unless renewed.

B.  A substantive policy statement issued by the director pursuant to subsection a of this section is not valid unless the director submits the proposed change to the overdimensional permit council established by section 28-1150 for review and receives the councilís written approval of the change. END_STATUTE

Sec. 4.  Section 28-1091, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1091.  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.  Pilot car 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. END_STATUTE

Sec. 5.  Section 28-1104, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1104.  Issuance of special permits; rules

A.  The application for a special permit prescribed in section 28‑1103 shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular highways for which the permit to operate is requested.

B.  Subject to subsection E of this section and if the special permit is issued, the director or local authority may:

1.  Establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated or otherwise limit or prescribe conditions of operation of the vehicle or vehicles, when necessary to assure against undue damage to the road foundations, surfaces or structures.

2.  Require an undertaking or any other security as deemed necessary to compensate for an injury to a roadway or road structure.

C.  The special permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of an authority granting the permit.  A person shall not violate any of the terms or conditions of the special permit.

D.  The director shall adopt rules for the movement of equipment without a special permit for the purpose of repair or for local operation.

E.  A permit shall not be issued pursuant to section 28‑1103 for moving a mobile home unless the applicant provides evidence of payment of all applicable ad valorem taxes or a clearance from the assessor of the county in which the mobile home is located.  The clearance is valid for not more than thirty days, and the assessor shall issue the clearance if the assessor determines that all fees and ad valorem taxes applicable to the mobile home pursuant to title 42 have been paid as of the date of application.  This subsection does not limit the discretion of the director or local authority to deny an application for a permit for moving a mobile home for reasons other than nonpayment of ad valorem taxes.

F.  Notwithstanding subsection A of this section, a person is not required to make a new application for a permit or obtain a new permit pursuant to this article or article 19 of this chapter if the described load to be operated or moved is equal to or less than the load described in the application and falls within the weights and dimensions allowed under department rules. END_STATUTE

Sec. 6.  Section 28-1110, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1110.  Pilot car escort vehicle operation; training and certification; exemption

A.  Except as otherwise provided in this section, any individual operating an a pilot car 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 pilot car escort vehicle operator training and certification standards of the commercial vehicle safety alliance or an equivalent program that meets the same objectives.† No later than December 31, 2007, in cooperation with the overdimensional permit council established by section 28-1150, the director shall adopt rules relating to the application and training requirements for issuance of a pilot car escort vehicle operatorís certificate.† In cooperation with the overdimensional permit council, the director may authorize qualified third parties to provide applications to, training for and certification of pilot car escort vehicle operators pursuant to this section.

B.  An escort vehicle operator shall repeat training and certification requirements at least once every four years.

B.  The program described in subsection A of this section shall include elements that are based on best practices safety guidelines and training and certification standards developed by the federal motor carrier safety administration and the commercial vehicle safety alliance.† The course of study shall include basic equipment requirements for pilot car escort vehicles and operators and other elements of course instruction as deemed necessary by the director and the overdimensional permit council established by section 28-1150 to protect public safety.

C.  An escort vehicle operator Except as otherwise provided in this section, any individual operating a pilot car 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:

1.  Be at least eighteen years of age.

2.  Have a valid driver license.

3.  Complete training in and be certified by a program described in subsection A of this section or an equivalent program in another state recognized by the overdimensional permit council established by section 28‑1150 and approved by the director.

4.  Repeat training and certification requirements at least once every four years.

3.  5.  Have a legible and valid pilot car escort vehicle operator certificate issued in this state or in another state in the operator's immediate possession while operating an a pilot car 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 a pilot car escort vehicle in violation of this section or rules adopted by the director relating to the operation of pilot car 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.

G.  A certification issued by another state authorizing a person to escort vehicles required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state satisfies the certification requirements of this section. END_STATUTE

Sec. 7.  Section 28-2153, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2153.  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.

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.

(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.  A towing dynamometer connected to a truck or truck tractor that is used to produce the equivalent of an uphill grade while driving on a level road.

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.END_STATUTE

Sec. 8.  Section 28-2354, Arizona Revised Statutes, as renumbered by Laws 1996, chapter 76, section 7, is amended to read:

START_STATUTE28-2354.  License plates; attachment

A.  A person shall display the license plate or plates as follows:

1.  Except as provided in paragraph 3 of this subsection, for a motor vehicle, motorcycle, trailer or semitrailer, on the rear.

2.  For a vehicle for which two license plates are issued, the vehicle owner shall display either of the following:

(a)  One plate on the rear.

(b)  One plate on the front and one plate on the rear.

3.  For a truck tractor, on the front.

B.  A person shall display all license plates as required by subsection A until their lawful use expires or is canceled or revoked.  A person shall maintain each license plate so it is clearly legible.  A person shall securely fasten each license plate to the vehicle as follows:

1.  To prevent the plate from swinging.

2.  At a height of at least twelve inches from the ground to the bottom of the plate.

3.  In a position to be clearly visible. END_STATUTE

Sec. 9.  Section 28-2354, Arizona Revised Statutes, as amended by Laws 2006, chapter 377, section 1, is amended to read:

START_STATUTE28-2354.  License plates; attachment

A.  A person shall display the license plate or plates as follows:

1.  Except as provided in paragraph 3 of this subsection, for a motor vehicle, motorcycle, trailer or semitrailer, on the rear.

2.  For a vehicle for which two license plates are issued, the vehicle owner shall display either of the following:

(a)  One plate on the rear.

(b)  One plate on the front and one plate on the rear.

3.  For a truck tractor, on the front.

B.  A person shall display all license plates as required by subsection A until their lawful use expires or is canceled or revoked.  A person shall maintain each license plate so it is clearly legible and so that the name of this state at the top of the license plate is not obscured.  A person shall securely fasten each license plate to the vehicle as follows:

1.  To prevent the plate from swinging.

2.  At a height of at least twelve inches from the ground to the bottom of the plate.

3.  In a position to be clearly visible. END_STATUTE

Sec. 10.  Section 28-4009, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4009.  Motor vehicle liability policy requirements

A.  An owner's motor vehicle liability policy shall comply with the following:

1.  The policy shall designate by explicit description or by appropriate reference all motor vehicles for which coverage is granted.  If coverage is provided for a fleet of seven or more motor vehicles, the maximum payable for any one accident is the limit of liability stated in the policy. There is no accumulation of coverage for each separate vehicle covered.

2.  The policy shall insure the person named in the policy as the insured and any other person, as insured, using the motor vehicle or motor vehicles with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the motor vehicle or motor vehicles within the United States or the Dominion of Canada, subject to limits exclusive of interest and costs, for each motor vehicle as follows:

(a)  Fifteen thousand dollars because of bodily injury to or death of one person in any one accident.

(b)  Subject to the limit for one person, thirty thousand dollars because of bodily injury to or death of two or more persons in any one accident.

(c)  Ten thousand dollars because of injury to or destruction of property of others in any one accident.

3.  By agreement in writing between a named insured and the insurer the policy may exclude as insured a person or persons designated by name when operating a motor vehicle.  The written agreement between the named insured and insurer is effective for each renewal of the policy by the insurer and remains in effect until the insurer agrees in writing to provide coverage for the person or persons who were previously excluded from coverage.

4.  Notwithstanding the limits prescribed by paragraph 2 of this subsection, beginning January 1, 2008 through December 31, 2008, the policy issued to a person using a motor vehicle as a pilot car escort vehicle, as defined in section 28-601, shall otherwise satisfy the applicable requirements of this chapter, subject to limits exclusive of interest and costs, for each motor vehicle in the minimum amount of two hundred fifty thousand dollars and uninsured motorist coverage in the amount of at least two hundred fifty thousand dollars.† The pilot car escort vehicle operator shall provide notification to the department in an electronic format.

B.  An operator's motor vehicle liability policy shall insure the person named as insured in the policy against loss from the liability imposed on the person by law for damages arising out of the use by the person of a motor vehicle not owned by the person, within the same territorial limits and subject to the same limits of liability provided in subsection A of this section for an owner's motor vehicle liability policy.

C.  A motor vehicle liability policy:

1.  Shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged for the policy, the complete vehicle identification number of all vehicles covered by the policy, the policy period and the limits of liability.

2.  Shall contain an agreement or be endorsed that insurance is provided under the policy in accordance with the coverage defined in this chapter for bodily injury and death or property damage, or both.

3.  Is subject to all of the provisions of this chapter.

4.  Is not required to insure liability either:

(a)  Under any workers' compensation law.

(b)  On account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured or while engaged in the operation, maintenance or repair of the motor vehicle.

(c)  For damage to property owned by, rented to, in charge of or transported by the insured.

(d)  For damage to property or bodily injury caused intentionally by or at the direction of the insured.

5.  Is subject to the following provisions that are not required to be in the policy:

(a)  The liability of the insurance carrier with respect to the insurance required by this chapter becomes absolute when injury or damage covered by the motor vehicle liability policy occurs.  The policy may not be cancelled or annulled as to that liability by an agreement between the insurance carrier and the insured after the occurrence of the injury or damage, and a statement made by the insured or someone on the insured's behalf or a violation of the policy shall not defeat or void the policy.

(b)  The satisfaction by the insured of a judgment for the injury or damage is not a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.

(c)  The insurance carrier may settle any claim covered by the policy, and if the settlement is made in good faith, the amount of the claim is deductible from the limits of liability specified in subsection A, paragraph 2 of this section.

(d)  The policy, the written application for the policy, if any, and any rider or endorsement that does not conflict with this chapter constitute the entire contract between the parties.

6.  May provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for this chapter.

7.  May provide for the prorating of the insurance under the policy with other valid and collectible insurance.

D.  A policy that grants the coverage required for a motor vehicle liability policy may also grant lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage is not subject to this chapter.  With respect to a policy that grants the excess or additional coverage, the term "motor vehicle liability policy" applies only to that part of the coverage that is required by this section.

E.  The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers that together meet the requirements.

F.  A binder issued pending the issuance of a motor vehicle liability policy fulfills the requirements for the policy. END_STATUTE

Sec. 11.  Section 28-4032, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4032.  Persons subject to financial responsibility requirements

A.  Notwithstanding any other statute:

1.  A person who operates in the furtherance of a commercial enterprise in this state a motor vehicle or vehicle combination that has a declared gross weight of more than twenty thousand pounds shall comply with the financial responsibility requirements of this article and article 4 of this chapter.

2.  A person who operates a motor vehicle or vehicle combination for the purpose of transporting hazardous materials, hazardous substances or hazardous wastes as defined by the department shall comply with the financial responsibility requirements of this article and article 4 of this chapter unless any of the following applies:

(a)  The transportation of hazardous materials, hazardous substances or hazardous wastes is incidental to the principal purpose of the vehicular travel at the time the transportation occurs.

(b)  The transportation of hazardous materials, hazardous substances or hazardous wastes is not in the furtherance of a commercial enterprise.

(c)  The transportation of an amount of hazardous material listed in 49 Code of Federal Regulations section 172.504(a) table two is less than one thousand pounds or not more than one hundred ten gallons for a combustible liquid.

B.  A person who operates a bus used to transport passengers for hire, other than a car pool operator, shall comply with the financial responsibility requirements of this article and article 4 of this chapter.  This subsection does not apply to a car pool operator.† For the purposes of this subsection, "car pool operator" means a natural person when engaged either regularly or occasionally in carrying one or more other persons by motor vehicle on a public highway, with or without compensation, if the carriage of the other person or persons is both:

1.  Not for profit.† A car pool operator is conclusively presumed not to be carrying persons for profit if either:

(a)  The operator receives compensation of not more than twenty cents per mile for total vehicle miles traveled, except that the proportionate share of the car pool operator shall be included in the amount.

(b)  The operator carries one or more of the operator's passengers in consideration of the operator being carried in like situations by the passenger or passengers.† The receipt of compensation of more than twenty cents per mile for total vehicle miles traveled does not preclude a car pool operator from showing that this compensation does not result in a profit to the operator or that the operator did not intend that a profit result.

2.  Incidental to another purpose of the car pool operator.† Except in unusual circumstances, the carriage is incidental to another purpose of the operator if the operator is not making the trip solely for the purpose of carrying a passenger.† A car pool operator is conclusively presumed not to be transporting passengers for hire.

C.  A person who is listed on the department's records as the owner of a taxi, livery vehicle or limousine used to transport passengers for hire shall comply with the financial responsibility requirements of this article and article 4 of this chapter.

D.  Beginning January 1, 2009, a person who operates a pilot car escort vehicle, as defined in section 28-601, and who is subject to the weight fees and commercial registration fees pursuant to chapter 15, article 2 of this title shall comply with the financial responsibility requirements of this article and article 4 of this chapter. END_STATUTE

Sec. 12.  Section 28-4033, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4033.  Financial responsibility requirements

A.  A person subject to the requirements of this article shall maintain motor vehicle combined single limit liability insurance as follows:

1.  For the transportation of nonhazardous property:

(a)  For a vehicle with a gross vehicle weight of more than twenty‑six thousand pounds, minimum coverage in the amount of seven hundred fifty thousand dollars.

(b)  For a vehicle with a gross vehicle weight of twenty thousand one pounds to twenty‑six thousand pounds, minimum coverage in the amount of three hundred thousand dollars.

2.  For the transportation of passengers:

(a)  In a vehicle with a seating capacity of sixteen passengers or more, minimum coverage in the amount of five million dollars and uninsured motorist coverage in the amount of at least three hundred thousand dollars.

(b)  In a vehicle with a seating capacity of less than sixteen passengers including the driver, but more than eight passengers including the driver, minimum coverage in the amount of seven hundred fifty thousand dollars and uninsured motorist coverage in the amount of at least three hundred thousand dollars.

(c)  In a vehicle with a seating capacity of not more than eight passengers including the driver, a policy containing minimum coverage in the amount of three hundred thousand dollars and uninsured motorist coverage in the amount of at least three hundred thousand dollars issued by an insurer that holds a valid certificate of authority or that is permitted to transact surplus lines insurance in this state.

3.  For the transportation of hazardous materials, hazardous substances or hazardous wastes:

(a)  Minimum coverage in the amount of five million dollars for the transportation of:

(i)  Hazardous substances, as defined in 49 Code of Federal Regulations part 171, transported in a cargo tank, portable tank or hopper‑type vehicle with capacities in excess of three thousand five hundred water gallons.

(ii)  Any quantity of class A or B explosives.

(iii)  Any quantity of poison gas (poison A).

(iv)  Liquefied compressed gas or compressed gas transported in a cargo tank, portable tank or hopper‑type vehicle with capacities in excess of three thousand five hundred water gallons.

(v)  The quantity of radioactive materials that requires specialized handling and transportation controls as indicated in 49 Code of Federal Regulations part 173.

(b)  Minimum coverage in the amount of one million dollars for the transportation of the following:

(i)  Any quantity of oil listed in 49 Code of Federal Regulations part 172.

(ii)  Any quantity of hazardous wastes, hazardous materials or hazardous substances as defined and listed in 49 Code of Federal Regulations part 171 and in 49 Code of Federal Regulations part 172 but not included in subdivision (a) of this paragraph.

4.  For a vehicle that is operated as a pilot car escort vehicle, as defined in section 28-601, a policy that is issued by an insurer that holds a valid certificate of authority or that is permitted to transact surplus lines insurance in this state and that contains:

(a)  Beginning January 1, 2009 through December 31, 2009, minimum coverage in the amount of five hundred thousand dollars and uninsured motorist coverage in the amount of at least five hundred thousand dollars.

(b)  Beginning January 1, 2010, minimum coverage in the amount of seven hundred fifty thousand dollars and uninsured motorist coverage in the amount of at least seven hundred fifty thousand dollars.

B.  If a motor vehicle is leased or rented, the lessor shall ensure that the lessee is covered under the lessor's liability insurance as provided by this section or the lessor shall require that the lessee meet the financial responsibility requirements of this section.† In the case of taxis, livery vehicles or limousines, a person who is listed on the department's records as the owner shall comply with the financial responsibility requirements of this article and article 4 of this chapter.

C.  If a lessee uses the motor vehicle for a purpose that is required under this section to have a higher amount of financial responsibility than was required of the lessor or renter, the lessee shall maintain the higher financial responsibility requirements of this section.†

D.  The uninsured motorist coverage required by this section is not required until June 1, 1987 and may be provided by a self‑insurance program authorized under section 28‑4007.† A person who is under contract with this state or a political subdivision of this state, who operates a motor vehicle owned by this state or a political subdivision of this state and who is included in the self‑insurance program of this state or a political subdivision of this state is exempt from the uninsured motorist requirements of this section. END_STATUTE

Sec. 13.  Section 28-5101, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5101.  Third party authorization

A.  The director may authorize third parties to perform certain title and registration, motor carrier licensing and tax reporting, dealer licensing and driver license functions.

B.  The director may authorize a person to be a third party electronic service provider.† An authorized third party electronic service provider shall meet all of the requirements established by the department relating to security, the minimum number of types of transactions, payment options and multiple service delivery channels.† Before authorization by the director pursuant to this subsection, a person shall submit a plan approved by the director for transition of an authorized third party electronic service provider's customer service transactions to the department for the purposes of continued operation by the department.† The director may require updates of the plan as deemed necessary by the director.

C.  A person shall not engage in any business pursuant to this article unless the director authorizes the person to engage in the business.

D.  The director may furnish necessary documents or license plates subject to this article.

E.  Except as provided in subsection F of this section, an authorized third party or an authorized third party electronic service provider shall submit to the department all statutorily prescribed fees and taxes it collects.† In addition to the statutorily prescribed fees and taxes, an authorized third party or an authorized third party electronic service provider may collect and retain a reasonable and commensurate fee for its services.

F.  In addition to payment pursuant to section 28‑374, the department shall reimburse the authorized third party or third party electronic service provider as follows:

1.  One dollar of each initial, renewal, replacement or duplicate registration fee for a vehicle or an aircraft.

2.  One dollar of each initial, duplicate or transfer title fee for a vehicle or an aircraft.

3.  An amount equal to two per cent of each vehicle license tax payment the authorized third party collects and submits to the department or four dollars for each registration year or part of a registration year, whichever is more.† The reimbursement amount shall not exceed the amount of vehicle license tax collected.

4.  Four dollars for each initial, renewal, replacement or duplicate application that the third party processes and that relates to driver licenses, nonoperating identification licenses or permits.† An authorized third party may add the cost for expedited processing of renewal, replacement or duplicate applications if requested by the applicant.

5.  An amount equal to two per cent of each overweight or excess size vehicle registration or permit fee the third party collects and submits to the department or one dollar for each overweight or excess size vehicle registration or permit processed, whichever is more.

6.  One dollar for each motor vehicle or special motor vehicle record, excluding motor vehicle records released to commercial recipients, including insurers and their authorized agents.

7.  Five dollars or one‑fourth of one per cent of the fuel taxes reported, whichever is greater, for each fuel tax report filed PROCESSED electronically.† Beginning in fiscal year 2008-2009 and ending in fiscal year 2011-2012, the maximum annual amount retained shall not exceed one million five hundred thousand dollars for the first year of the electronic filing PROCESSING.† and the maximum annual amount retained shall not exceed three hundred sixty thousand dollars each year thereafter.

8.  One dollar for each fuel tax permit.

9.  One dollar for each nonsufficient funds or dishonored check payment.

10.  One dollar for each abandoned vehicle report processed, except for applications for crushed vehicles.

11.  One dollar for each abandoned vehicle payment.

12.  Two dollars for each initial special or personalized license plate application.

13.  One dollar for each initial, renewal or replacement vehicle dealer license plate.

14.  Five dollars for each application for an initial vehicle dealer license or continuation of a vehicle dealer license.

15.  One dollar of each twelve dollar fee paid pursuant to section 28‑2356.

16.  One dollar for each traffic survival school application and one dollar for each certificate of completion processed.

17.  one dollar for each replacement license plate OR year validating tab.

G.  The department's authorized third party electronic service provider may retain two dollars for processing documents electronically when the statutory fee pursuant to this title is two dollars or more.

H.  The director may authorize the electronic third party service provider to process electronic fund transfers to the department for payment of motor vehicle taxes and fees.† The electronic third party service provider may add a two dollar processing fee for each electronic funds transfer.

I.  Each authorized third party that holds itself out as providing services to the general public shall post a sign in a conspicuous location in each facility of the authorized third party that contains the amount charged for each transaction performed by the authorized third party and the amount charged by the department for the same transaction. END_STATUTE

Sec. 14.  Title 28, chapter 14, article 2, Arizona Revised Statutes, is amended by adding section 28-5244, to read:

START_STATUTE28-5244.  Foreign motor carriers; definition

A.  Notwithstanding any other law, A foreign motor carrier or foreign private motor carrier that is required to have a certificate of registration issued by the United States Secretary of the Department of Transportation pursuant to 49 Code of Federal Regulations sections 368.1 through 368.8 shall not do any of the following:

1.  Operate in this state without the required certificate in the vehicle.

2.  Operate beyond the limitations or restrictions specified in the certificate as issued.

3.  Refuse to show the certificate on request of a peace officer.

4.  Provide point-to-point transportation services, including express delivery services, in the United States for goods other than international cargo.

B.  Notwithstanding any other law, a motor carrier that is required to be registered with the United States Secretary of the Department of Transportation pursuant to 49 United States Code Section 13902 or 49 Code of Federal Regulations sections 390.1 through 390.37 shall not do any of the following:

1.  Operate in this state without the required registration.

2.  Operate beyond the limitations or restrictions specified in its registration.

3.  Operate in this state without the required operating authority.

C.  A motor carrier that violates subsection a or b is subject to a civil penalty of one thousand dollars.

D.  A law enforcement agency may impound a vehicle operated in violation of subsection A or b and its cargo until the citation and all charges related to the impoundment are cleared.† The impoundment charges are the responsibility of the vehicle's owner.

E.  A motor carrier granted permanent operating authority pursuant to 49 Code of Federal Regulations sections 368.1 through 368.8 shall not operate a vehicle on a highway unless the vehicle is inspected by a Commercial Vehicle Safety Alliance-certified inspector at least every three months and shall display a current safety inspection decal attesting to the successful completion of those inspections for at least three years after receiving permanent operating authority.

F.  Subsection E does not apply to a motor carrier that is granted authority to operate solely in a commercial zone on the United States-Mexico International Border.

G.  For the purposes of this section, "limitations or restrictions" includes commercial zones, municipality, contiguous municipalities, unincorporated area, and terminal areas, as defined in 49 Code of Federal Regulations sections 372.101 through 372.221.END_STATUTE

Sec. 15.  Section 28-5432, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5432.  Gross weight fees; application; exceptions

A.  This article applies to all of the following:

1.  A trailer or semitrailer with a gross weight of ten thousand pounds or less.

2.  A motor vehicle or vehicle combination if the motor vehicle or vehicle combination is designed, used or maintained primarily for the transportation of passengers for compensation or for the transportation of property.

3.  A hearse, an ambulance or any other vehicle that is used by a mortician in the conduct of the mortician's business.

4.  Notwithstanding subsection B, paragraph 1 of this section, beginning January 1, 2009, a motor vehicle or vehicle combination that is operated at any time as a pilot car escort vehicle, as defined in section 28‑601.

B.  This article does not apply to:

1.  A vehicle commonly referred to as a station wagon or to a vehicle commonly known as and referred to by the manufacturer's rating as a three‑quarter ton or less pickup truck or three‑quarter ton or less van unless such a vehicle is maintained and operated more than one thousand hours in a vehicle registration year for the transportation of passengers or property in the furtherance of a commercial enterprise.  An applicant requesting title or registration of a motor vehicle in the name of a commercial enterprise shall pay the fees imposed by this article unless the applicant certifies on the application that the vehicle will not be maintained and operated in the furtherance of a commercial enterprise.

2.  A trailer or semitrailer with a declared gross weight of less than six thousand pounds, if the trailer or semitrailer is not used in the furtherance of a commercial enterprise.

C.  The following motor vehicles, trailers and semitrailers are exempt from the gross weight fee prescribed in section 28‑5433:

1.  A motor vehicle, trailer or semitrailer that is owned and operated by a religious institution and that is used exclusively for the transportation of property produced and distributed for charitable purposes without compensation.  For the purposes of this paragraph, "religious institution" means a recognized organization that has an established place of meeting for religious worship and that holds regular meetings for that purpose at least once each week in at least five cities or towns in this state.

2.  A motor vehicle, trailer or semitrailer that is owned and operated by a nonprofit school that is recognized as being tax exempt by the federal or state government if the motor vehicle, trailer or semitrailer is used exclusively for any of the following:

(a)  The transportation of pupils in connection with the school curriculum.

(b)  The training of pupils.

(c)  The transportation of property for charitable purposes without compensation.

3.  A motor vehicle, trailer or semitrailer that is owned by a nonprofit organization in this state that presents to the department a form approved by the director of the division of emergency management pursuant to section 26‑318.

4.  A vehicle that is owned and operated only for government purposes by a foreign government, a consul or any other official representative of a foreign government, by the United States, by a state or political subdivision of a state or by an Indian tribal government.

5.  A motor vehicle that is privately owned and operated exclusively as a school bus pursuant to a contract with a school district.  If a privately owned and operated school bus is temporarily operated for purposes other than those prescribed in the definition of school bus in section 28‑101, the registering officer shall assess and collect a monthly gross weight fee equal to one‑tenth of the annual gross weight fee prescribed by section 28‑5433 for each calendar month that the motor vehicle is so operated in this state.  The registering officer shall not apportion the gross weight fee for a fraction of a calendar month.END_STATUTE

Sec. 16.  Blue ribbon transportation committee; report

A.  The blue ribbon transportation committee is established consisting of the following members:

1.  The president of the senate.

2.  The speaker of the house of representatives.

3.  The chairperson and vice-chairperson of the senate transportation committee or its successor committee.

4.  The chairperson and vice-chairperson of the house of representatives transportation committee or its successor committee.

5.  Two members of the senate who are appointed by the president of the senate and who are members of different political parties.

6.  Two members of the house of representatives who are appointed by the speaker of the house of representatives and who are members of different political parties.

B.  Committee members are not eligible to receive compensation but are eligible for reimbursement of expenses under title 38, chapter 4, article 2, Arizona Revised Statutes.

C.  The committee shall:

1.  Review all reports it receives relating to the transportation framework in this state.

2.  Make recommendations on which legislative issues relating to transportation should be addressed in the next legislative session.

3.  Submit a report regarding the committee's activities and recommendations for legislative action on or before November 30, 2007 to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.

Sec. 17.  Repeal

Section 16 of this act, relating to the blue ribbon transportation committee, is repealed from and after September 30, 2008.

Sec. 18.  Effective date

Section 28-2354, Arizona Revised Statutes, as amended by Laws 2006, chapter 377, section 1 and this act, is effective from and after December 31, 2008."

Amend title to conform


 

 

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