ARIZONA STATE SENATE

KAYTIE SHERMAN

ASSISTANT RESEARCH ANALYST

 

LIAM MAHER

LEGISLATIVE RESEARCH ANALYST

APPROPRIATIONS, TRANSPORTATION & TECHNOLOGY COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

 

 

TO:                  MEMBERS OF THE SENATE

                        APPROPRIATIONS, TRANSPORTATION & TECHNOLOGY COMMITTEE

DATE:            March 27, 2026

SUBJECT:      Strike everything amendment to H.B. 2446, relating to commercial motor vehicle drivers

 

Purpose

            Requires the Department of Public Safety (DPS) to enforce the federal English language proficiency requirements for commercial motor vehicle drivers and appropriates $400,000 from the Arizona Highway Patrol Fund (Fund) in FY 2027 to DPS for commercial motor vehicle inspector training.

Background

The Arizona Department of Transportation 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. 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 person is qualified under federal law to drive a commercial motor vehicle if the person: 1) is at least 21 years old; 2) can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language and to respond to official inquiries and to make entries on reports and records; 3) by reason of experience, training or both, can safely operate the type of commercial motor vehicle that the person drives; 4) is physically qualified to drive a commercial motor vehicle as prescribed; 5) has a valid commercial motor vehicle operator's license issued by a state or jurisdiction; 6) is not disqualified from driving a commercial motor vehicle under federal law; and 7) has successfully completed a driver's road test and has been issued a certificate of driver's road test or has presented an operator's license or certificate that the employing motor carrier has accepted as equivalent to a road test in accordance with federal law (49 C.F.R. § 391.11)

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 (A.R.S. § 28-5241).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires DPS to enforce the federal English language proficiency requirements for commercial motor vehicle drivers in a manner that is consistent with:

a)   regulations adopted by the Federal Motor Carrier Safety Administration;

b)   applicable federal enforcement guidance; and

c)   the Commercial Vehicle Safety Alliance North American Standard Inspection Procedures and Out-of-Service Criteria.

2.   Specifies that a commercial motor vehicle driver who does not meet the federal English language proficiency requirements is subject to enforcement action consistent with federal law.

3.   Appropriates $400,000 from the Fund in FY 2027 to DPS for commercial motor vehicle inspector training to be provided by a national nonprofit organization.

4.   Requires a nonprofit organization that uses appropriated monies to provide inspector training to include North American standard level 1 inspection procedures and out-of-service criteria that are applicable to commercial motor vehicle driver requirements.

5.   Exempts the appropriation from lapsing.

6.   Becomes effective on the general effective date.