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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
commercial vehicles;
operator; lawful presence
(NOW: nondomiciled commercial drivers license; validity)
Purpose
Prohibits a commercial motor vehicle operator who is issued a nondomiciled commercial driver license (CDL) from operating in Arizona without evidence of lawful immigration status or lawful presence in the United States, prescribes penalties for failing to provide evidence that may include placing the driver out-of-service and impounding the vehicle and its cargo, and outlines procedures for out-of-service orders, the retrieval of impounded vehicles and cargo and the payment of related charges and fees.
Background
An applicant for a nondomiciled CDL who is domiciled in a foreign jurisdiction must provide the following evidence of lawful immigration status: 1) an unexpired foreign passport; and 2) an unexpired Form I-94/94A issued by the U.S. Department of Homeland Security (U.S. DHS) indicating a classification of temporary agricultural worker, temporary non-agricultural worker or treaty investor (49 U.S.C. § 383.5).
An out-of-service order is a declaration by a specialty officer of the Arizona Department of Transportation (ADOT) or an authorized law enforcement officer that a driver, motor vehicle or motor carrier is out of service. A motor carrier, shipper or manufacturer may not require or allow a driver: 1) who is subject to an out-of-service order to operate a commercial motor vehicle until the reason for the order has been remedied; or 2) to operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the order have been satisfactorily completed. A motor carrier, shipper or manufacturer that violates an out-of-service order or requires or permits a driver to violate an out-of-service order is subject to a civil penalty of at least $2,750 but no more than $25,000. A driver of a commercial motor vehicle that fails to comply with an out-of-service order is subject to a civil penalty of at least $2,500 for an initial violation and $5,000 for a subsequent violation (A.R.S. § 28-5241).
A foreign or foreign private motor carrier that is domiciled in Mexico must apply to the Federal Motor Carrier Safety Administration (FMCSA) for a certificate of registration to operate in U.S. municipalities on the U.S.-Mexico international border or within the commercial zones of such municipalities and is subject to a civil penalty of $1,000 for: 1) operating in Arizona without the certificate in the vehicle; 2) operating beyond the limitations or restrictions specified in the certificate as issued; 3) refusing to show the certificate on request of a peace officer or an ADOT employee; or 4) providing point-to-point transportation services in the United States for goods other than international cargo that is incidental to the engagement of that vehicle in international traffic. A law enforcement agency may impound a vehicle operated in violation and its cargo until the citation and all related charges are cleared. The impoundment charges are the responsibility of the vehicle's owner (A.R.S. § 28-5244; 49 U.S.C. § 368.1).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person who is issued a nondomiciled CDL from operating a commercial motor vehicle in Arizona, unless the person can provide:
a) an unexpired foreign passport and unexpired Form I-94/94A issued by the U.S. DHS indicating a classification of temporary agricultural worker, temporary non-agricultural worker or treaty investor as evidence of lawful immigration status; or
b) outlined acceptable documentation of citizenship or alien status required for licensure in Arizona as evidence of lawful presence in the United States.
2. Allows a law enforcement officer to request evidence of lawful immigration status or lawful presence in the United States from a person operating a commercial motor vehicle with a nondomiciled CDL.
3. Requires, if a commercial motor vehicle operator with a nondomiciled CDL fails to provide evidence, the law enforcement officer or the officer's law enforcement agency to:
a) issue a citation;
b) impose a civil penalty of up to $500; and
c) report the violation to FMCSA and the jurisdiction that issued the person's CDL.
4. Allows a law enforcement officer or an officer's law enforcement agency to place a driver who fails to provide evidence of lawful immigration status or lawful presence in the United States on an out-of-service order.
5.
Instructs the law enforcement officer, if the person operating the
commercial motor vehicle is placed out-of-service, 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 FMCSA through the CDL Information System or other appropriate federal reporting mechanisms; and
c) the motor carrier that exercised operational control of the commercial motor vehicle at the time of the stop.
6. Requires, within 24 hours after the motor carrier receives notification that a person was placed out-of-service, the motor carrier that exercised operational control of the commercial motor vehicle at the time of the stop to arrange either:
a) a replacement person to operate the vehicle who can provide evidence of lawful immigration status or lawful presence in the United States if that person is issued a nondomiciled CDL; or
b) the removal of the vehicle from the roadway by the motor carrier or vehicle owner.
7. Allows a law enforcement agency to impound a commercial motor vehicle that is not removed from the roadway within 24 hours for a period of up to 30 days.
8. Requires the law enforcement agency, within 24 hours after impoundment, to notify the commercial motor vehicle owner and any lien holders of record of the vehicle by telephone or email.
9. Requires the law enforcement agency, if the owner or lien holders of the commercial motor vehicle is deemed unreachable by telephone or email, to provide notice by certified mail within 72 hours after impoundment.
10. Stipulates that the notification must include:
a) the location and contact information for retrieval of the impounded vehicle;
b) a list of the required documents needed to retrieve the vehicle;
c) information regarding the retrieval procedures for lessors; and
d) a statement of impoundment charges and responsibility for payment.
11. Specifies that if the commercial motor vehicle is operated under a lease agreement:
a) the lessee or motor carrier is solely responsible for all impoundment, towing and storage charges; and
b) the law enforcement agency or impound facility must release the vehicle to the lessor on presentation of both:
i. proof of ownership, including title, registration or other documentation showing the lessor holds legal title to the vehicle; and
ii. a copy of the lease agreement or other documentation that shows the vehicle was leased to the motor carrier at the time of the violation.
12. Asserts that prescribed requirements for operating a commercial motor vehicle with a nondomiciled CDL in Arizona does not allow for the impoundment of any cargo owned by a third party.
13. Requires, if the commercial motor vehicle was transporting cargo at the time the person operating the vehicle was placed out-of-service, the law enforcement agency to:
a) immediately make reasonable efforts to identify and contact the cargo owner;
b) notify the cargo owner by:
i. telephone, email or other available means within 4 hours after the commencement of any stop that results in the out-of-service placement of the person operating the vehicle carrying the cargo; and
ii. if the owner is deemed unreachable, certified mail within 48 hours after the commencement of a stop that results in the out-of-service placement of the person operating the vehicle carrying the cargo;
c) provide notification to the owner that includes the cargo's location, contact information and a list of the required documents needed to retrieve the cargo and a statement that the retrieval of the cargo is at no charge to the cargo owner;
d) provide reasonable assistance for cargo loading and transfer;
e) document the retrieval of the cargo with a signed receipt that must note the condition of the cargo at the time of retrieval and release; and
f) if the cargo cannot be safely stored at the scene of the stop, arrange through an authorized impound facility or towing contractor for appropriate storage that meets the needs and prevents loss or damage of the cargo.
14. Specifies that the immediate and reasonable efforts made by a law enforcement agency to identify and contact the cargo owner may include:
a) reviewing bills of lading, shipping manifests or delivery documents located in the impounded vehicle;
b) information provided by the motor carrier or the person operating the vehicle; and
c) contact information on cargo packaging or documentation.
15. Requires, if the commercial motor vehicle was transporting cargo that is perishable or time sensitive or is for medical, emergency or critical infrastructure purposes at the time the person operating the vehicle was placed out-of-service, the law enforcement agency to:
a) expedite notification to the cargo owner and facilitate expedited retrieval of the cargo; and
b) if the cargo owner cannot arrange immediate retrieval of the cargo, allow the owner to designate an alternative carrier or logistics provider to retrieve the cargo.
16. Determines that the appropriate storage of the cargo may include:
a) refrigeration for perishable goods and climate control for temperature-sensitive goods;
b) permitted hazardous materials storage for hazmat materials; and
c) secure facilities for high value cargo and specialized facilities for livestock or other cargo with special needs.
17. Authorizes the cargo owner to:
a) bring equipment or transportation to aid in the loading and transfer of the cargo; and
b) retrieve cargo that is perishable or time sensitive or is for medical, emergency or critical infrastructure purposes immediately on arrival at the cargo's location, including outside normal business hours.
18. Stipulates that the law enforcement agency or impound facility must immediately release the cargo to the cargo owner or an authorized designee of the owner and may not condition release of the cargo on payment of any costs or resolution of any charges against the person operating the commercial motor vehicle or motor carrier, on presentation of both:
a) proof of identity of the person who is retrieving the cargo; and
b) proof of ownership, including:
i. the bill of lading that lists the person or entity as consignor, consignee or owner of the cargo;
ii. the purchase order, invoice or receipt that shows ownership of the cargo; and
iii. any other documentation that establishes ownership or right to possession of the cargo.
19. Authorizes an impound facility to pursue collection of all fees or charges from the lessee or motor carrier through normal collection processes.
20. Designates the motor carrier or lessee of the commercial motor vehicle as solely responsible for:
a) all impoundment, towing and storage charges for the vehicle;
b) any charges related to the unloading, handling, appropriate storage and transfer of, and administrative or other fees related to the cargo the vehicle was carrying at the time of the violation; and
c) any costs incurred for notification provided by certified mail.
21. Specifies that the costs incurred for notification provided by certified mail to a cargo owner is the responsibility of the motor carrier and must be added to any impoundment charges.
22. States that it is an affirmative defense to impoundment if the motor carrier verified the person's CDL through the CDL Information System that is maintained by the FMCSA and the CDL was not suspended, revoked or disqualified at the time of verification.
23. Allows a law enforcement agency to use the following to fulfill any storage, handling, notification or arrangement for storage of a commercial motor vehicle or any cargo:
a) existing towing service contracts;
b) authorized impoundment facilities;
c) third party storage providers; and
d) any other capable and commercially available service provider.
24. Authorizes any required notification to be fulfilled by the law enforcement agency or by an authorized impound facility or towing contractor acting on behalf of the law enforcement agency.
25. Allows a party that is required to be contacted as prescribed to be deemed unreachable by telephone or email if:
a) a telephone number or email address is not found in shipping documents, vehicle registration documents or other available documents;
b) two telephone calls placed at least 1 hour apart are not answered;
c) any voicemail or answering machine messages are not returned within 6 hours for a cargo owner or 24 hours for an owner or lien holder of a commercial motor vehicle;
d) any email that is sent is returned as undeliverable; or
e) a response to an email is not received within 6 hours for a cargo owner or 24 hours for an owner or lien holder of a commercial motor vehicle.
26. Asserts that the prescribed requirements for nondomiciled CDL drivers:
a) may not be construed so as to broaden the category of persons to whom a nondomiciled CDL may be issued; and
b) provide no independent authorization for the issuance of nondomiciled CDLs.
27. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Restricts the prohibition to commercial motor vehicle operators who are issued nondomiciled CDLs.
2. Expands the acceptable evidence an operator must provide to include evidence of lawful immigration status.
3. Requires a law enforcement officer or agency to issue a citation, impose a civil penalty and report the violation to outlined entities if an operator fails to provide evidence.
4. Allows, rather than requires, the impoundment of the commercial motor vehicle of an operator who fails to provide evidence.
5. Makes technical and conforming changes.
Amendments Adopted by the House of Representatives
1. Allows a law enforcement officer or agency to place a driver who fails to provide evidence of lawful immigration status or lawful presence in the United States on an out-of-service order.
2. Allows a law enforcement officer or agency to impound a commercial motor vehicle and its cargo if the vehicle is not removed from the roadway within 24 hours of notification, rather than if the operator of the vehicle fails to provide evidence of lawful immigration status or lawful presence in the United States.
3. Outlines procedural and notification requirements and authorizations for:
a) placing a person out-of-service;
b) the retrieval of cargo from an impounded commercial motor vehicle that was transporting cargo at the time the operator was placed out-of-service; and
c) the payment of related charges and fees.
4. Makes technical and conforming changes.
Senate Action House Action
MABS 2/9/26 DP 4-3-0 JUD 3/25/26 DP 6-2-0-2
3rd Read 3/9/26 16-13-1 3rd Read 6/11/26 26-27-7
3rd Read* 6/12/26 31-24-5
*On reconsideration
Prepared by Senate Research
June 12, 2026
KJA/ci