HB 2282 — motor carrier safety violations; penalties

HB2282 - 542R - S-TransportationH andVer Public  Safety  -  StrikeHouse Everything-ProposedEngrossed   Fifty-fourth  Legislature                          Transportation  andState Publicof SafetyArizona House of Representatives Fifty-fourth Legislature Second Regular Session                                                 Session H.B.      HOUSE BILL 2282       AN ACT   amending section 28‑5240, Arizona Revised Statutes;

 relating PROPOSEDto SENATEmotor AMENDMENTScarrier TOsafety. H.B.

2282  (Reference  to(TEXT HouseOF engrossedBILL bill)BEGINS  ON NEXT PAGE)   StrikeBe everythingit afterenacted by the enactingLegislature clauseof andthe insert:State of Arizona:

"Section 1.  SectionSection 1.  Section 28-5240, Arizona Revised Statutes, is amended to read:

attorney general enforcement A.  AnA.  In equipmentaddition violationto ofany other civil penalties imposed under this chapterchapter, a motor carrier, shipper or anymanufacturer rulewho adoptedthat pursuantoperates or causes to be operated a commercial motor vehicle in violation of this chapter isor awho civilthat trafficknowingly violationviolates unlessor theknowingly violationfails requiresto issuancecomply with any provision of anthis out‑of‑servicechapter orderor with any rule adopted pursuant to sectionthis 28‑5241.chapter is guilty of:

B.  The1.  A driverclass of2 amisdemeanor commercial motor vehicle who violates or fails to comply with this chapter or any rule adopted pursuant to this chapter is RESPONSIBLE for a civil TRAFFIC VIOLATION AND is subject to a civil penalty of up$500 tofor $500,a unlessfirst theoffense violationviolation. requires issuance of an out‑of‑service order pursuant to section 28‑5241.

A.  C.  In2.  Guilty addition to civil penalties imposed under this chapter and except as provided in subsections A and B of this section, a motorclass carrier,1 shippermisdemeanor orfor manufacturer who that operates or causes to be operated a commercialsecond motoroffense vehicle in violation ofwithin thissix chaptermonths orafter whothe thatpreceding knowinglyviolation. violates or knowingly fails to comply with any provision of this chapter or with any rule adopted pursuant to this chapter is guilty of:

1.  A3.  Guilty of a class 26 misdemeanorfelony for aany firstsubsequent offense.offense violation within one year after the preceding violation.

2.  AB.  The classattorney 1general misdemeanormay forenforce athis secondsection. offense.

3.  AEND_STATUTE class 6 felony for any subsequent offense.

B.  D.  The attorney general may enforce subsection C of this section.

END_STATUTE Sec. 2.  Section 28-5241, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5241.  Out‑of‑service orders;

violation;

civil penalty;

definition A.  A motor carrier shall not require or permit allow a driver:

1.  To operate a commercial motor vehicle that is subject to an out‑of‑service order until all repairs required by the out‑of‑service order have been satisfactorily completed.

2.  Who is subject to an out‑of‑service order to operate a commercial motor vehicle until the reason for the out‑of‑service order has been remedied.

B.  A driver:

1.  Shall not operate a commercial motor vehicle that is subject to an out‑of‑service order until all repairs required by the out‑of‑service order have been satisfactorily completed.

2.  Who is subject to an out‑of‑service order shall not operate a commercial motor vehicle until the reason for the out‑of‑service order has been remedied.

C.  Notwithstanding section 28‑5240, subsection C, a violation of this section is a civil traffic violation.

D.  The court shall impose:

1.  On a driver who violates or fails to comply with an out‑of‑service order a civil penalty of:

(a)  At least two thousand five hundred dollars $2,500 for an initial violation or failure.

(b)  Five thousand dollars $5,000 for a subsequent violation or failure.

2.  A civil penalty of at least two thousand seven hundred fifty dollars $2,750 and not more than twenty-five thousand dollars $25,000 on a motor carrier who that violates an out‑of‑service order or who that requires or permits allows a driver to violate or fail to comply with an out‑of‑service order.

E.  In addition to other penalties prescribed by this chapter, if a motor carrier or driver is found responsible for a violation of this section, the motor carrier or driver is subject to disqualification pursuant to section 28‑3312.

F.  For the purposes of this section, "out‑of‑service order" means a declaration by a specialty officer of the department or a law enforcement officer authorized pursuant to section 28‑5204 that a driver, motor vehicle or motor carrier is out of service pursuant to this chapter.END_STATUTE Sec. 3.  Repeal Section 28-5245, Arizona Revised Statutes, is repealed." Amend title to conform     DAVID LIVINGSTON   2282LIVINGSTON 03/06/2020 02:27 PM C:

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