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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
commercial motor vehicles; civil penalties
Purpose
Allows the driver of a large truck to deviate from a lane to the extent necessary to make a right or left turn and lowers penalties prescribed for outlined commercial vehicle violations from misdemeanors to civil penalties.
Background
A vehicle driver intending to turn must: 1) for right turns, approach and make the turn as close as practicable to the right-hand curb or edge of the roadway; and 2) for left turns, approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle (A.R.S. § 28-751). If a roadway is divided into two or more clearly marked lanes for traffic, a person must drive entirely within a single lane as nearly as practicable and may not move from the lane until ascertaining that the movement may be made safely (A.R.S. § 28-729).
An envelope permit is a permit issued by the Arizona Department of Transportation authorizing a person to transport property on the highways of Arizona pursuant to all applicable statutes and local ordinances and the terms listed on the permit and an envelope is the outermost dimensions of a load or vehicle to include width, height and length and the weight of the vehicle or its load (A.R.S. § 28-1141).
A commercial motor vehicle is a motor vehicle or combination of motor vehicles that is used in commerce to transport passengers or property and includes: 1) a motor vehicle, or combination of motor vehicles, that has a gross combined weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; 2) a motor vehicle that has a gross vehicle weight rating of 26,001 or more pounds; 3) a bus; or 4) a vehicle that is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Authorization Act of 1994 (A.R.S. § 28-5201).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Lowers the penalty, from a class 1 misdemeanor to a civil penalty of $750, for a person who operates, moves or leaves standing on a highway a vehicle or a vehicle carrying or transporting cargo in violation of an envelope permit.
2. Lowers the penalty, from a class 2 misdemeanor to a civil penalty of $500, for a motor carrier or driver that operates a motor vehicle involved in interstate or foreign commerce without being federally registered or beyond the scope of the motor carrier's registration.
3. Lowers the penalty, from a class 3 misdemeanor to a civil penalty of $250, for a driver of a vehicle who knowingly fails or refuses to:
a) stop and submit the vehicle and load to weighing; or
b) when directed by an officer on a weighing of the vehicle, stop the vehicle and otherwise comply with vehicle weighing requirements.
4. Allows the driver of a vehicle or a combination of vehicles with a total length of at least 40 feet or a total width of at least 10 feet, with due regard for all other traffic and to the extent necessary, to deviate from the lane into which the driver is making a right or left turn.
5. Modifies the definition of commercial motor vehicle to include:
a) a motor vehicle or combination of vehicles that has either a gross combined weight rating or a gross combined weight of 26,001 pounds or more, whichever is greater; and
b) a motor vehicle that has either a gross vehicle weight rating or a gross vehicle weight of 26,001 or more pounds, whichever is greater.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Removes the civil penalty of $750 and reinstates the classification, as a class 1 misdemeanor, for a motor carrier or person who is guilty of operating, or allowing a driver to operate, a motor vehicle subject to an out-of-service order.
Senate Action
PS 2/12/25 DP 6-0-1
3rd Read 2/26/25 28-0-2
Prepared by Senate Research
March 10, 2025
KJA/ci/slp