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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: MABS DP 4-3-0-0 | Third Read 16-13-10-0House: JUD DP 6-2-0-2 |
SB 1511: nondomiciled commercial drivers license; validity
Sponsor: Senator Carroll, LD 28
House Engrossed
Overview
Establishes that a person operating a commercial motor vehicle (CMV) in Arizona with a nondomiciled commercial driver license (CDL) must be able to provide proof of lawful immigration status or lawful presence and outlines penalties associated with the inability to provide such proof.
History
Under current law, a nondomiciled commercial driver license is a CDL issued to a person domiciled in a foreign country, or to a person domiciled in another state, that is prohibited from issuing CDLs. The Arizona Department of Transportation may issue a nondomiciled class A, B or C CDL to a resident of another jurisdiction in specified circumstances (A.R.S. § 28-3224).
Arizona’s general licensing law prohibits a state agency or political subdivision from issuing a license unless the applicant presents documentation showing citizenship or alien status authorized under federal law. Statue lists acceptable documents, including specified driver licenses, birth or citizenship records, passports, an I-94 with a photograph, employment authorization documents and certain other government licenses that required proof of lawful status before issuance (A.R.S. § 41-1080).
Federal CDL regulations require an applicant domiciled in a foreign jurisdiction to have lawful immigration status in the United States and to provide evidence of that status to be eligible for a nondomiciled CDL, and require states to verify that evidence before issuing, transferring, renewing or upgrading the credential (49 C.F.R. part 383).
An out-of-service order is defined as a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR 386.72, 392.5, 392.9a, 395.13, or 396.9, or compatible laws, or the North American Standard Out-of-Service Criteria (49 C.F.R part 390.5).
Provisions
Lawful Presence Requirements & Penalties
1. Makes it unlawful for a person who is issued a nondomiciled CDL to operate a CMV in Arizona unless the person can provide evidence of lawful immigration status or lawful presence. (Sec. 1)
2. Authorizes a law enforcement officer to request evidence of immigration status from a person operating a CMV with a nondomiciled CDL. (Sec. 1)
3. Requires, if the person fails to provide the requested evidence, the law enforcement officer or the officer’s agency to:
a. impose a civil traffic penalty of up to $500;
b. issue a citation; and
c. report the violation to the jurisdiction that issued the person’s CDL and to the Federal Motor Carrier Safety Administration. (Sec. 1)
4. Authorizes the law enforcement officer, or the officer's agency, to additionally place the person operating the CMV on an out-of-service order, if that person fails to provide the requested evidence. (Sec. 1)
5. Requires the law enforcement officer to document the CDL information and immediately report the out-of-service order to:
a. the jurisdiction that issued the person's CDL;
b. the Federal Motor Carrier Safety Administration through one of the specified reporting mechanisms; and
c. the motor carrier that exercised operational control of the CMV at the time of the stop. (Sec. 1)
6. Instructs the motor carrier, within 24 hours after receiving notification that the driver was placed out-of-service, to arrange either of the following:
a. a replacement person to operate the CMV who can provide evidence of lawful presence in the U.S.; or
b. removal of the CMV from the roadway by the motor carrier or the CMV owner. (Sec. 1)
7. Permits a law enforcement agency to impound the CMV for up to 30 days if the CMV is not removed from the roadway within the 24-hour period given to the notified motor carrier or owner. (Sec. 1)
Impoundment Procedures
8. Requires the law enforcement agency to notify the owner and any lien holders of the CMV, by telephone or email, of the CMV's impoundment within 24 hours after it has been impounded. (Sec. 1)
9. Directs the law enforcement agency to provide, by mail, a notice with specified information within 72 hours after impoundment if the owner or lien holder of the CMV is deemed unreachable by telephone or email. (Sec. 1)
10. Stipulates that the motor carrier or lessee of the CMV is responsible for all impoundment, towing and storage charges, and any administrative fees or charges related to the handling of the cargo the CMV was carrying at the time of the violation. (Sec. 1)
11. Outlines the responsibilities of the lessee and law enforcement agency or impound facility if a CMV operated pursuant to a lease agreement is impounded. (Sec. 1)
12. Allows the impound facility to pursue collection of all fees or charges from the lessee or motor carrier through normal collection processes. (Sec. 1)
Third-Party Cargo
13. Prohibits the impoundment of cargo transported by an impounded CMV if the cargo is owned by a third party. (Sec. 1)
14. Provides procedures that the law enforcement agency responsible for placing the CMV operator out-of-service must follow to notify the cargo's third-party owner, store the cargo and allow for its retrieval. (Sec. 1)
15. Directs the law enforcement agency or impound facility to immediately release the cargo to the cargo owner or an authorized designee, without conditional release on payment of any charges against the CMV operator or motor carrier, when both of the following are provided:
a. proof of ownership, including:
i. the bill of lading that lists the person as consignor, consignee or owner of the cargo;
ii. the purchase order, invoice or receipt that shows ownership; or
iii. any other documentation that establishes ownership or right to possession of the cargo; and
b. proof of identity of the person who is retrieving the cargo. (Sec. 1)
16. Establishes the types of commercial facilities and service providers that can be used by a law enforcement agency to fulfill any storage, notification or handling of a CMV or any cargo. (Sec. 1)
17. Allows authorized impound facilities and towing contractors acting on behalf of the law enforcement agency, to fulfill notification requirements relating to impounded CMVs and third-party cargo. (Sec. 1)
18. Lists conditions under which a party required to be contacted by a law enforcement agency regarding the party's impounded CMV, can be deemed unreachable by telephone or email. (Sec. 1)
Miscellaneous
19. Specifies it is an affirmative defense to the impoundment of a CMV, if the motor carrier verified the CMV operator's CDL through the Commercial Driver's License Information System and the license was not suspended, revoked or disqualified at the time of verification. (Sec. 1)
20. Asserts the legislation must not be construed to broaden the category of persons who may be issued a nondomiciled CDL and does not provide independent authorization for the issuance of such licenses. (Sec.1)
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24. Initials NM SB 1511
25. 5/12/2026 Page 0 House Engrossed
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