SB1511 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 28, chapter 14, article 2, Arizona Revised Statutes, is amended by adding section 28-5233, to read:

START_STATUTE28-5233. Commercial motor vehicle operator; lawful presence; failure of proof; impoundment of vehicle

A. A person who is issued a nondomiciled commercial driver license may not operate a commercial motor vehicle in this state unless the person can provide EVIDENCE of LAWFUL immigration status pursuant to 49 Code of Federal Regulations part 383 or lawful presence in the united states pursuant to the acceptable documents prescribed in section 41-1080.

B. A law enforcement officer may request evidence of lawful immigration status or lawful presence in the united states PURSUANT to subsection A of this section from a person operating a commercial motor vehicle with a nondomiciled COMMERCIAL driver license.

c. If a person operating a COMMERCIAL motor vehicle with a nondomiciled COMMERCIAL driver LICENSE fails to provide evidence requested pursuant to subsection B of this section, the law ENFORCEMENT officer or the law enforcement agency of the law enforcement officer shall:

1. Impose a civil penalty pursuant to section 28-5240.

2. Issue a citation pursuant to this section.

3. Report the violation to:

(a) The JURISDICTION that issued the person's COMMERCIAL driver license.

(b) The federal motor carrier safety administration.

D. If a person operating a commercial motor vehicle with a nondomiciled commercial driver license fails to provide evidence requested pursuant to subsection b of this section, the law enforcement officer or the law enforcement agency of the law enforcement officer may place the driver on an out-of-service order as defined in 49 Code of Federal Regulations section 390.5. If the person operating the commercial motor vehicle is placed out-of-service pursuant to this subsection, the law enforcement officer shall document the commercial driver license information and immediately report the out-of-service order to:

1. The jurisdiction that issued the person's commercial driver license.

2. The federal motor carrier safety administration through the commercial driver's license information system or other appropriate federal reporting mechanism.

3. The motor carrier that exercised operational control of the commercial motor vehicle at the time of the stop.

E. The motor carrier that exercised operational control of the commercial motor vehicle at the time of the stop shall arrange either of the following within twenty-four hours after the motor carrier receives notification that the person was placed out-of-service:

1. A replacement person to operate the commercial motor vehicle who meets all the requirements of subsection a of this section.

2. Removal of the commercial motor vehicle from the roadway by the motor carrier or COMMERCIAL motor vehicle owner. If the commercial motor vehicle is not removed from the roadway within twenty-four hours as required by this paragraph, a law enforcement agency may impound the commercial motor vehicle for a period of not more than thirty days. The law enforcement agency shall notify the commercial motor vehicle owner and any lien holders of record of the commercial motor vehicle by certified mail within twenty-four hours after the impoundment authorized pursuant to this PARAGRAPH that must include all of the following:

(a) The location of the impounded commercial motor vehicle.

(b) Contact information for retrieval of the commercial motor vehicle.

(d) Information regarding the retrieval procedures for lessors pursuant to subsection f of this section.

(e) A statement of impoundment charges and responsibility for payment. The motor carrier or lessee of the commercial motor vehicle is solely responsible for all impoundment, towing and storage charges for the commercial motor vehicle and any charges related to the unloading, the handling, appropriate storage and the transfer of and administrative or other fees related to the cargo the commercial motor vehicle was carrying at the time of the violation.

F. If the commercial motor vehicle is operated pursuant to a lease agreement:

1. The lessee or motor carrier is solely responsible for all impoundment, towing and storage charges.

2. the law enforcement agency or impound facility shall release the commercial motor vehicle to the lessor on presentation of both of the following:

(a) Proof of ownership, including title, registration or other documentation showing the lessor holds legal title to the commercial motor vehicle.

(b) A copy of the lease agreement or other documentation that shows the commercial motor vehicle was leased to the motor carrier at the time of the violation.

G. The impound facility may pursue collection of all fees or charges from the lessee or motor carrier through normal collection processes.

H. this section does not allow for the impoundment of any cargo owned by a third party. If the commercial motor vehicle was transporting cargo at the time the person operating the commercial motor vehicle was placed out-of-service pursuant to subsection d of this section, the law enforcement agency shall:

1. Immediately make reasonable efforts to identify and contact the cargo owner, which may include reviewing any of the following:

(a) Bills of lading, shipping manifests or delivery documents located in the impounded commercial motor vehicle.

(b) Information provided by the motor carrier or the person operating the commercial motor vehicle.

2. Notify the cargo owner by telephone, email or other available means within four hours after the commencement of any stop that results in the out-of-service placement of the person operating the commercial motor vehicle carrying the cargo.

3. Notify the cargo owner by certified mail within twenty-four hours after the commencement of a stop that results in the out-of-service placement of the person operating the commercial motor vehicle carrying the cargo.

4. provide Notification to the cargo owner pursuant to paragraphs 2 and 3 of this subsection that includes:

(a) The location of the cargo.

(b) Contact information for retrieval of the cargo.

(d) A statement that the retrieval of the cargo is at no charge to the cargo owner. The motor carrier or lessee of the commercial motor vehicle is solely responsible for all impoundment, towing and storage charges for the commercial motor vehicle and any charges related to the unloading, the handling, appropriate storage and the transfer of and administrative or other fees related to the cargo the commercial motor vehicle was carrying at the time of the violation.

5. Provide reasonable assistance for cargo loading and transfer. The cargo owner may bring equipment or transportation to aid in the loading and transfer of the cargo.

6. 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.

7. If the cargo cannot be safely stored at the scene of the stop, arrange for appropriate storage that meets the needs and prevents loss or damage of the cargo. Appropriate storage of the cargo may include:

(a) Refrigeration for perishable goods.

(b) Climate control for temperature-sensitive goods.

(d) Permitted hazardous materials storage for hazmat materials.

(e) Specialized facilities for livestock or other cargo with special needs.

8. If the cargo is perishable or time-sensitive or the cargo is for medical, emergency or critical infrastructure purposes:

(a) expedite notification to the cargo owner and facilitate expedited retrieval of the cargo. The cargo owner may retrieve the cargo immediately on arrival at the cargo's location, including outside normal business hours.

(b) If the cargo owner cannot arrange immediate retrieval of the cargo, allow the cargo owner to designate an alternative carrier or logistics provider to retrieve the cargo.

I. The law enforcement agency or impound facility shall immediately release the cargo to the cargo owner or an authorized designee of the cargo 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 of the following:

1. Proof of ownership, including:

(a) the Bill of lading that lists the person or entity as consignor, consignee or owner of the cargo.

(b) the Purchase order, invoice or receipt that shows ownership of the cargo.

2. Proof of identity of the person who is retrieving the cargo.

J. It is an affirmative defense to impoundment pursuant to this section if the motor carrier verified the person's COMMERCIAL driver license through the commercial driver's license information system that is maintained by the federal motor carrier safety administration and the driver license was not suspended, revoked or disqualified at the time of verification.END_STATUTE