Assigned to TRANSIT AS
PASSED BY COW
Assigned to TRANSIT AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
commercial vehicles definition; driver licenses
Purpose
Increases gross vehicle weight rating for vehicles used for intrastate commerce for the purposes of commercial vehicle classification and requires a person convicted of a driving under the influence (DUI) violation to attend Traffic Survival School (TSS).
Background
Current statute defines a commercial motor vehicle as a motor vehicle or combination of motor vehicles that is designed and used to transport passengers or property for a commercial enterprise, that is not exempt from statutory gross weight fees, and that include any of the following: 1) a single vehicle or combination of vehicles with a gross weight of 18,000 pounds or more used for intrastate commerce; 2) a single vehicle or combination of vehicles with a gross weight of 10,000 pounds or more used for interstate commerce; 3) a school bus; 4) a bus; 5) a vehicle designed to for 8 or more persons used to transport passengers for hire; and 6) a vehicle used to transport hazardous materials (A.R.S. § 28-4201).
A traffic survival school (TSS) is a school that offers educational sessions designed to improve driver safety and habits that are required of drivers convicted of certain traffic offenses. A person must attend and successfully complete TSS to avoid suspension of driving eligibility if he or she is convicted of any of the following: 1) running a red light; 2) aggressive driving; 3) a moving violation that results in death or serious bodily injury; or 4) a first moving violation, if the person is under 18 years old (A.R.S. § 28-101). The Director of Arizona Department of Transportation (ADOT) establishes TSS operating license and insurance requirements, and a TSS licensee must obtain a license from the Director of ADOT and provide a fingerprint clearance card (A.R.S. § 28-3413).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Commercial Vehicle Weight
1. Increases, from 18,000 pounds to 26,000 pounds, the gross vehicle weight rating for the commercial motor vehicle classification for a single commercial motor vehicle used for intrastate commerce.
Traffic Survival School
2. Directs ADOT to require a person convicted of a DUI, extreme DUI or an aggravated DUI to complete a TSS course.
3. Requires a person convicted of a second DUI or extreme DUI within seven years to attend and successfully complete an approved TSS.
4. Allows the Director of ADOT, upon finding that a licensed TSS operator has violated or not complied with TSS statute or rule, to impose a civil penalty between $300 and $3000 on the licensee or, after a hearing, cancel, suspend or revoke the TSS license.
5. Requires the Director of ADOT to deposit into the State Highway Fund (SHF) monies collected from civil penalties imposed on a TSS licensee for noncompliance or violation of TSS statute or rule.
Miscellaneous
6. Makes technical and conforming changes.
7. Contains an applicability clause.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires certain persons convicted of a DUI violation to complete a TSS course.
2. Establishes a civil penalty and license review process for violations of TSS operation statute or rule and directs collected civil penalties to the SHF.
3. Makes technical and conforming changes.
House Action Senate Action
TI 2/14/18 DP 8-0-0-0 TRANSIT 3/20/18 DP 7-0-0
3rd Read 2/21/18 60-0-0 3rd Read 4/24/18 29-0-1
Prepared by Senate Research
April 25, 2018
KN/CU/lat