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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
commercial motor
vehicles; civil penalties
(NOW: civil penalties; commercial motor vehicles)
Purpose
Allows the driver of a large truck to deviate from the lane to the extent necessary to make a right or left turn, lowers penalties prescribed for outlined commercial vehicle violations from misdemeanors to civil penalties, standardizes statutory definitions for commercial vehicles and vehicle weights and reconciles related requirements.
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 (ADOT) authorizing a person to transport property on state highways 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).
Gross weight is the sum of the empty weight in pounds of a motor vehicle combination plus the weight in pounds of the maximum load to be carried on the motor vehicle combination at any one time, except that for tow trucks, gross weight is the sum of the empty weight in pounds of the tow truck plus the weight in pounds of operational supplies and equipment (A.R.S. § 28-5431).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the driver of a vehicle or combination of vehicles with a total length of at least 40 feet or a total width of at least 10 feet to deviate to the extent necessary from the lane into which the driver is making a right or left turn in a manner that avoids contact with another person or vehicle.
2. 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.
3. 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.
4. 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 and load weighing requirements.
5. Directs the officer or court collecting a civil penalty for a violation of vehicle and load weighing requirements to deposit the amount in the Arizona Highway User Revenue Fund.
6. Updates the list of vehicles that may be operated under the following license classes to include:
a) for class A, a motor vehicle that tows a vehicle with a gross vehicle weight rating of more than 10,000 pounds if the gross combined weight rating, rather than combined gross vehicle weight rating, is 26,001 or more pounds; and
b) for class C and D, a motor vehicle that tows a vehicle with a gross vehicle weight rating of more than 10,000 pounds if the gross combined weight rating, rather than combined gross vehicle weight rating, is less than 26,001 pounds.
7. Stipulates that a commercial driver license is not required if the vehicle has been issued a historic vehicle license plate and ADOT provides in the vehicle registration record both:
a) that the vehicle is classified as a noncommercial vehicle and may not be used as a commercial vehicle; and
b) the vehicle's declared gross weight, rather than gross vehicle weight, is entered as zero.
8. Defines gross combined weight rating as the sum of the gross vehicle weight rating of a motor vehicle and the trailer or semitrailer the vehicle tows.
9. Defines gross vehicle weight rating as the weight that:
a) is assigned by the motor vehicle manufacturer to a motor vehicle; and
b) represents the maximum recommended total weight, including the vehicle and the load for the vehicle.
10. Conforms statutory definitions for a commercial motor vehicle to be a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:
a) has either a gross combined weight rating or a gross weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating or gross weight of more than 10,000 pounds, whichever is greater;
b) has either a gross vehicle weight rating or a gross weight of 26,001 or more pounds, whichever is greater;
c) is a school bus or a bus; or
d) is used in the transportation of materials found to be hazardous for the purposes of the federal Hazardous Materials Transportation Act and is required to be placarded under federal law, as adopted by ADOT.
11. Updates the definition of vehicle combination to be a motor vehicle and a vehicle in excess of 10,000 pounds gross weight, rather than gross vehicle weight, that it tows if the gross combined weight rating, rather than the combined gross vehicle weight rating, is more than 26,000 pounds.
12. Modifies the definition of a commercial motor vehicle for statutory motor carrier safety requirements to include a vehicle that transports passengers for hire and has the design capacity for nine or more persons, rather than eight or more persons.
13. Defines terms.
14. Makes technical and conforming changes.
15. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
ˇ Adopted the strike-everything amendment relating to civil penalties for commercial motor vehicles.
House Action
TI 3/19/25 DPA/SE 6-0-0-1
3rd Read 4/14/25 52-3-5
Prepared by Senate Research
April 15, 2025
KJA/slp