SB1320 - 491R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-372, Arizona Revised Statutes, is amended to read:

START_STATUTE28-372. Returned checks; dishonored electronic payments; fees

A. The director may assess:

1. The fee specified in section 44‑6852 for a check, draft or order that has been dishonored because of insufficient monies, payments stopped or closed accounts.

2. Collection costs.

3. A fee to be determined by the director for each electronic payment that has been dishonored because of insufficient monies, payments stopped or closed accounts.

B. The director shall deposit, pursuant to sections 35‑146 and 35‑147, service fees for dishonored checks, drafts, or orders or electronic payments that were submitted for titling and registering vehicles in the state highway fund established by section 28‑6991. The director shall deposit, pursuant to sections 35‑146 and 35‑147, all other service fees collected under subsection A of this section in the highway user revenue fund. END_STATUTE

Sec. 2. Section 28-924, Arizona Revised Statutes, is amended to read:

START_STATUTE28-924. Motor vehicle head lamps

A. A motor vehicle other than a motorcycle, an all‑terrain vehicle or a motor driven cycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle. The head lamps shall comply with the requirements and limitations of this article.

B. A motorcycle, an all‑terrain vehicle and a motor driven cycle shall be equipped with at least one and not more than two head lamps that comply with the requirements and limitations of this article.

C. A head lamp on a motor vehicle, including a motorcycle, an all‑terrain vehicle and a motor driven cycle, shall be located at a height of not more than fifty‑four inches nor less than twenty‑four twenty-two inches to be measured as provided in section 28‑923, subsection B. END_STATUTE

Sec. 3. Section 28-925, Arizona Revised Statutes, is amended to read:

START_STATUTE28-925. Tail lamps

A. A motor vehicle, trailer, semitrailer and pole trailer and any other vehicle that is being drawn at the end of a train of vehicles shall be equipped with at least one tail lamp mounted on the rear. When lighted as required by this article, the tail lamp shall emit a red light plainly visible from a distance of five hundred feet to the rear, except that in the case of a train of vehicles, only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.

B. A tail lamp on a vehicle shall be located at a height of not more than sixty seventy-two inches nor less than fifteen inches to be measured as provided in section 28‑923, subsection B.

C. Either a tail lamp or a separate lamp shall be constructed and placed in a manner that illuminates with a white light the rear license plate and renders it clearly legible from a distance of fifty feet to the rear. A tail lamp or tail lamps together with any separate lamp for illuminating the rear license plate shall be wired to provide that the tail lamp or lamps are lighted whenever the head lamps or auxiliary driving lamps are lighted.END_STATUTE

Sec. 4. Section 28-3312, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3312. Mandatory disqualification of commercial driver licenses; definition

A. The department shall disqualify a person required to have a commercial driver license or a commercial driver license holder from driving a commercial motor vehicle as follows:

1. Except as provided in subsection E of this section and except as otherwise provided in this subsection, for at least one year if a person:

(a) Refuses a test in violation of section 28‑1321.

(b) Is convicted of a first violation of any of the following:

(i) Driving a commercial motor vehicle under the influence of intoxicating liquor or a controlled substance or while having an alcohol concentration of 0.04 or more.

(ii) Leaving the scene of an accident involving a motor vehicle driven by the person.

(iii) Using a motor vehicle in the commission of a felony.

(iv) A violation of chapter 4, article 3 of this title while operating a noncommercial motor vehicle.

(v) Driving a commercial motor vehicle while, as a result of prior violations of this title committed while operating a commercial motor vehicle, the person's commercial driver license is revoked, suspended or canceled or the person is disqualified from operating a commercial motor vehicle.

(vi) Causing a fatality through the negligent operation of a commercial motor vehicle, including a conviction of manslaughter, homicide or negligent homicide resulting from operation of a motor vehicle.

2. For at least three years, if the person is convicted of any of the violations prescribed in paragraph 1 of this subsection and the violation occurred while the person was transporting a hazardous material in the quantity and under the circumstances that require placarding of the transport vehicle under the department's safety rules pursuant to chapter 14 of this title.

3. For the life of the person, if the person is convicted of two or more violations of any of the offenses prescribed in paragraph 1 of this subsection or of any combination of those offenses arising from two or more separate incidents. The department shall consider only offenses committed from and after December 31, 1989 in applying this paragraph.

4. Permanently if the person is convicted of using any motor vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance or possession with intent to manufacture, distribute or dispense a controlled substance.

5. For at least sixty consecutive days, if the person is convicted of two serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three year period from the date of the violation.

6. For at least one hundred twenty days served in addition to any other disqualification, if the person is convicted of a third or subsequent serious traffic violation committed in a motor vehicle arising from separate incidents occurring within a three year period from the date of the violation.

B. Except as provided in subsection C of this section, a person required to have a commercial driver license or a commercial driver license holder who is found responsible for violating an out‑of‑service order pursuant to section 28‑5241 is disqualified from driving a commercial motor vehicle as follows:

1. For a period of ninety one hundred eighty days if the person is found responsible for a first violation of an out‑of‑service order.

2. For a period of one year two years if the person is found responsible for a second violation of any out‑of‑service order during any ten year period arising from separate incidents.

3. For a period of three years if the person is found responsible for a third or subsequent violation of any out‑of‑service order during any ten year period arising from separate incidents.

C. A person required to have a commercial driver license or a commercial driver license holder who is found responsible for violating an out‑of‑service order pursuant to section 28‑5241 while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen or more passengers, including the driver, is disqualified from driving a commercial motor vehicle as follows:

1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out‑of‑service order.

2. For a period of three years if the person is found responsible for a second or subsequent violation of any out‑of‑service order during any ten year period arising from separate incidents.

D. A person required to have a commercial driver license or a commercial driver license holder who is convicted of or found responsible for violating any federal, state or local railroad grade crossing law, ordinance or regulation is disqualified from driving a commercial motor vehicle as follows:

1. For a period of sixty days if a person is convicted of or found responsible for a first violation.

2. For a period of one hundred twenty days if a person is convicted of or found responsible for a second violation during any three year period.

3. For a period of one year if a person is convicted of or found responsible for a third or subsequent violation during any three year period.

E. If a federal agency determines that a commercial motor vehicle licensee is driving in a manner that constitutes an imminent hazard, the department, on receipt of notification by the federal government, shall disqualify the driver for a period not to exceed one year. The disqualification shall run concurrently with any other disqualification imposed on the driver. For the purposes of this subsection, "imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property or the environment may occur before the reasonably foreseeable completion date of a formal proceeding to decrease the risk of death, illness, injury or endangerment.

F. The department shall keep records of findings of responsibility for a civil traffic violation and of conviction of any moving criminal traffic violation for a commercial driver licensee for violations in any type of motor vehicle and for a person required to have a commercial driver license if the violations arise from the operation of a commercial motor vehicle. The department shall make the records available to other states, the United States secretary of transportation, the driver and any motor carrier or prospective motor carrier or the motor carrier's designated agent within ten days after receiving notice a report of a conviction or finding of responsibility in this state or receipt of a notice report of a conviction or finding of responsibility or disqualification received from another state.

G. Disqualification for a serious traffic violation committed by a commercial driver license holder while operating a noncommercial motor vehicle applies only if the conviction results in the revocation, cancellation or suspension of the person's commercial driver license or noncommercial driver license.

H. The department may adopt rules establishing guidelines and conditions under which the department may reduce a disqualification for life pursuant to subsection A, paragraph 3 of this section to a disqualification of at least ten years. If a person's disqualification is reduced pursuant to rules adopted pursuant to this subsection and the person is subsequently convicted of a violation described in subsection A, paragraph 1 of this section, the person is permanently disqualified from driving a commercial vehicle and is not eligible to apply for a reduction of the disqualification pursuant to rules adopted pursuant to this subsection.

I. Except as provided in subsection E of this section, the beginning date of the disqualification shall be the date the department receives the report of conviction or finding of responsibility.

J. For the purposes of this section, "serious traffic violation" means a conviction or finding of responsibility for any of the following:

1. Excessive speeding involving a single offense for a speed of fifteen miles per hour or more above the posted speed limit.

2. Reckless driving as provided by section 28‑693.

3. Aggressive driving as provided by section 28‑695.

4. Racing as defined in section 28‑708.

5. Improper or erratic traffic lane changes as provided by section 28‑729.

6. Following the vehicle ahead too closely as provided by section 28‑730.

7. A violation of this title that is connected with a fatal traffic accident.

8. Driving a commercial motor vehicle if the person has not been issued a valid commercial driver license pursuant to this chapter.

9. Driving a commercial motor vehicle without a commercial driver license in the person's possession.

10. Driving a commercial motor vehicle without having a valid endorsement for the type of commercial motor vehicle or motor vehicle combination being operated. END_STATUTE

Sec. 5. Section 28-3392, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3392. Defensive driving school; eligibility

A. A court:

1. Shall allow an individual who is issued a citation for a civil traffic moving violation pursuant to chapter 3, articles 2, 3, 4 and 6 through 15 of this title or a local civil traffic ordinance relating to the same subject matter to attend a defensive driving school for the purposes provided in this article.

2. Except as prescribed in subsection C of this section, may allow an individual who is issued a citation for a violation of section 28‑701.02 to attend a defensive driving school.

B. A person who attends a defensive driving school pursuant to this article is not eligible to attend a defensive driving school again within twenty‑four months from the day of the last violation for which the person was authorized by this article to attend a defensive driving school.

C. Notwithstanding subsection A of this section:

1. An individual who commits a civil or criminal traffic violation resulting in death or serious physical injury is not eligible to attend a defensive driving school, except that the court may order the individual to attend a defensive driving school in addition to another sentence imposed by the court on an adjudication or admission of the traffic violation.

2. If a commercial driver license holder or a driver of a commercial motor vehicle that requires a commercial driver license is found guilty or responsible for a moving violation, the court may require the violator to attend defensive driving school as an element of sentence, but may not dismiss the conviction or finding of responsibility and shall report the conviction or finding of responsibility to the department as prescribed in section 28‑1559. A commercial driver license holder or a driver of a commercial motor vehicle that requires a commercial driver license is not eligible for the defensive driving diversion program. END_STATUTE

Sec. 6. Section 28-4541, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4541. Continuation date; delinquent fee due from manufacturer; penalty

A. In order to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year, the director may provide for staggered continuation dates for the right to use a manufacturer license plate. In order to initiate a staggered continuation system, the director may initially provide or continue the right for more or less than a twelve month period, but not more than eighteen months, and may prorate the fees.

B. If a manufacturer fails, neglects or refuses to file an application for renewal and pay the required fee for the ensuing year on or before midnight of December 1 of each year on the continuation date, the fee is delinquent, and the department shall charge and collect a penalty equal to the fee if the manufacturer files an application for renewal after December 1 the continuation date. END_STATUTE

Sec. 7. Section 28-5001, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5001. Definition of title service company

In this chapter, unless the context otherwise requires, "title service company" means a person, other than a licensed motor vehicle dealer, who for a fee does any of the following:

1. Issues temporary registration plates. or

2. Prepares and or submits to the director applications for registration of, and certificates of title to, motor vehicles.

3. Prepares or submits to the director fuel tax reports on behalf of licensed motor carriers. END_STATUTE

Sec. 8. Section 28-5241, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5241. Out‑of‑service orders; violation; civil penalty; definition

A. A motor carrier shall not require or permit a driver:

1. To operate a commercial motor vehicle that is subject to an out‑of‑service order until all repairs required by the out‑of‑service order have been satisfactorily completed.

2. Who is subject to an out‑of‑service order to operate a commercial motor vehicle until the reason for the out‑of‑service order has been remedied.

B. A driver:

1. Shall not operate a commercial motor vehicle that is subject to an out‑of‑service order until all repairs required by the out‑of‑service order have been satisfactorily completed.

2. Who is subject to an out‑of‑service order shall not operate a commercial motor vehicle until the reason for the out‑of‑service order has been remedied.

C. Notwithstanding section 28‑5240, a violation of this section is a civil traffic violation.

D. The court shall impose:

1. On a driver who violates or fails to comply with an out-of-service order a civil penalty of:

(a) At least one two thousand one five hundred dollars and not more than two thousand seven hundred fifty dollars on a driver who violates or fails to comply with an out‑of‑service order for an initial violation or failure.

(b) Five thousand dollars for a subsequent violation or failure.

2. A civil penalty of at least two thousand seven hundred fifty dollars and not more than eleven twenty-five thousand dollars on a motor carrier who violates an out‑of‑service order or who requires or permits a driver to violate or fail to comply with an out‑of‑service order.

E. In addition to other penalties prescribed by this chapter, if a motor carrier or driver is found responsible for a violation of this section, the motor carrier or driver is subject to disqualification pursuant to section 28‑3312.

F. For the purposes of this section, "out‑of‑service order" means a declaration by a specialty officer of the department or a law enforcement officer authorized pursuant to section 28‑5204 that a driver, motor vehicle or motor carrier is out of service pursuant to this chapter.END_STATUTE

Sec. 9. Section 28-5736, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5736. Bond requirement

A. The director may require a surety bond if an interstate user does not file tax reports or remit taxes or if the director determines that the interests of this state or of member jurisdictions of the international fuel tax agreement are in jeopardy or applicant to post a surety or cash bond if one or more of the following apply:

1. The interstate user fails to file tax reports timely or to remit taxes timely.

2. The director determines that the interests of this state or member jurisdictions are in jeopardy.

3. The applicant is not based in a jurisdiction that is a member of the international fuel tax agreement.

4. The applicant does not have a good standing status from another member jurisdiction as a result of a previous license.

5. The applicant does not have history as a motor carrier in this state or any other member jurisdiction.

B. If required, the surety or cash bond:

1. Shall indicate that the interstate user is the principal obligor and the state is the obligee.

2. Shall be conditioned on the interstate user faithfully complying with this article and the prompt filing of true reports and payment by the interstate user of all use fuel taxes and fees due or accrued under this article, together with all penalties and interest on the taxes and fees.

3. Shall not be more than two times the quarterly tax liability of the interstate user as determined by the director be in an amount that is prescribed by the director and that does not exceed one hundred thousand dollars. END_STATUTE