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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
motor carriers; English proficiency
Purpose
Requires motor carriers in Arizona to demonstrate English proficiency. Requires specialty officers of the Arizona Department of Transportation (ADOT) and law enforcement officers who are authorized to enforce motor carrier safety compliance to conduct all roadside inspections in English and to issue an out-of-service order to any motor carrier who fails to demonstrate English proficiency during an inspection.
Background
ADOT must adopt reasonable rules that are deemed proper for governing the safety operations of motor carriers, shippers and vehicles transporting hazardous materials, substances or wastes. The Department of Public Safety (DPS) must, and a political subdivision may, enforce the adopted rules and prescribed requirements relating to motor carrier safety. A person acting for a political subdivision in enforcing the motor carrier safety rules and requirements must be certified by DPS as qualified for the enforcement activities (A.R.S. § 28-5204).
A driver may not 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 and a driver who is subject to an out-of-service order may not operate any commercial vehicle until the reason for the order has been remedied. A driver, motor carrier, shipper or manufacturer that violates an out-of-service order is guilty of a: 1) class 2 misdemeanor for a first offense; 2) class 1 misdemeanor for a second offense; and 3) class 6 felony for any subsequent offense. If a driver violates or fails to comply with an out-of-service order, the court must impose a civil penalty of $2,500 for an initial violation or failure or $5,000 for a subsequent violation or failure. If a motor carrier, shipper or manufacturer violates an out-of-service order, or requires or allows a driver to violate the order, the court must impose a civil penalty between $2,750 and $25,000.
Out-of-service order means a declaration by a specialty officer of ADOT or an authorized law enforcement officer that a driver, motor vehicle or motor carrier is out of service under the prescribed requirements relating to motor carrier safety. A motor carrier is a person who operates or causes to be operated a commercial motor vehicle on a public highway (A.R.S. §§ 28-5201 and 28-5241).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a motor carrier in Arizona to demonstrate English proficiency.
2. Specifies that English proficiency includes a motor carrier's ability to understand and respond to verbal questions and to understand highway traffic signs, including electronic dynamic message signs.
3. Requires an ADOT specialty officer or a law enforcement officer who is certified by DPS as qualified to enforce the prescribed rules and regulations regarding motor carrier safety to issue an out-of-service order to a motor carrier who cannot sufficiently demonstrate English proficiency during an inspection.
4. Requires all roadside inspections to be conducted in English and without tools to facilitate communication, including interpreters, cue cards, smartphone applications or on-call telephone interpretation services.
5. Stipulates that, if a motor carrier is deemed proficient in English by an ADOT specialty officer or certified law enforcement officer, the remainder of the inspection may be conducted using the communication methods and techniques best suited to facilitate the safe and effective completion of the inspection.
6. Defines out-of-service order as a declaration by an ADOT specialty officer or certified law enforcement officer that a driver, motor vehicle or motor carrier is out of service.
7. Becomes effective on the general effective date.
House Action
TI 1/28/26 DP 4-3-0-0
3rd Read 2/25/26 31-23-6
Prepared by Senate Research
March 13, 2026
LMM/KS/ci