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ARIZONA ADMINISTRATIVE CODE - ARIZONA SECRETARY OF STATE

www.azsos.gov

Title 17 Transportation


ARTICLE 2. MOTOR CARRIERS

R17-5-201.
Definitions

A. The following definitions apply to this Article unless context indicates otherwise:

1. "Audit" means any inspection of a transporter's motor vehicle, equipment, books, or records to determine compliance with this Article and A.R.S. Title 28, Chapter 14.
2 "Co-applicant" means an employer or potential employer.
3. "Danger to public safety" means any condition of a transporter likely to result in serious peril to the public if not discontinued immediately.
4. "Director" means the Assistant Director of the Arizona Department of Transportation for the Motor Vehicle Division or the Assistant Director's designated agent.
5. “Executive Hearing Office” means the Arizona Department of Transportation’s Executive Hearing Office.
6.“Medical waiver evaluation summary” means the form, provided by the Department, to be completed by either a board qualified or board certified orthopedic surgeon or physiatrist and mailed to the Department, at the address provided on the form, on behalf of an Arizona intrastate
medical waiver applicant.
7. “Physiatrist” means a doctor of medicine specialized in physical medicine and rehabilitation.
8. "Transporter" means any person, driver, motor carrier, shipper, manufacturer, or motor vehicle, including any motor vehicle transporting a hazardous material, hazardous substance, or hazardous waste, subject to this Article and A.R.S. Title 28, Chapter 14.
9. "Violation" means any conduct, act, or failure to act required or prohibited under this Article and A.R.S. Title 28, Chapter 14.
10. “Vision examination report” means a form provided by the Department to be completed by an ophthalmologist or a licensed optometrist on behalf of a driver or driver applicant and mailed to the Department, at the address provided on the form, for use in determining whether or
not a medical condition affects the driver’s, or driver applicant’s, ability to safely perform the functional skills involved with driving a motor vehicle.

R17-5-202. Motor Carrier Safety: Incorporation of Federal Regulations; Application

A. The Division incorporates by reference 49 CFR 40, 382, 390, 391, 392, 393, 395, 396, 397, and 399, published October 1, 2005, and no later amendments or editions, as amended under R17-5-202 through R17-5-207. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-0001, and is on file with the Division.

B. The Sections of 49 CFR that are incorporated in subsection (A) apply as amended under R17-5-203 through R17-5-207 to all intrastate and interstate motor carriers operating in Arizona.

C. The intrastate operator of a tow truck with a gross vehicle weight rating of 26,000 pounds or less is exempt from the requirements of 49 CFR 390 through 399, except that the driver is subject to the physical qualifications and examination requirements of 49 CFR 391, subpart E.

Historical Note: New Section recodified from R17-4-435 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 9 A.A.R. 1867, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking at 10 A.A.R. 2679, effective June 8, 2004 (Supp. 04-2). Amended by final rulemaking at 12 A.A.R. 1559, effective May 2, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3).).

R17-5-203. Motor Carrier Safety: 49 CFR 390 - Federal Motor Carrier Safety Regulations; General Applicability and Definitions; General Requirements and Information

A. 49 CFR 390.3 General applicability is amended as follows:

1. Paragraph (a) is amended to read:

Regulations incorporated in this Section are applicable to all motor carriers operating in Arizona and any vehicle owned or operated by the state, a political subdivision, or a state public authority that is used to transport a hazardous material in an amount requiring the vehicle to be marked or placarded as prescribed under R17-5-209.

B. 49 CFR 390.5 Definitions. The definitions listed in 49 CFR 390.5 are amended as follows:

1.If the term "Commercial Motor Vehicle” or “CMV” has the same meaning as prescribed under A.R.S. § 28-5201.
2. "Special agent" means an officer or agent of the Department of Public Safety, the Division, or a political subdivision, who is trained and certified by the Department of Public Safety to enforce Arizona's Motor Carrier Safety requirements.
3. "State" means a state of the United States or the District of Columbia.
4. "Tow truck," as used in the definition of emergency in 49 CFR 390.5, has the meaning prescribed under A.A.C. R13-3-101.

C. 49 CFR 390.15, Relief from regulations.

1. Paragraph (a)(2), Local emergencies, is amended by adding: When a local emergency exists that justifies an exemption from parts 390 through 399 of this chapter, a motor carrier may request the exemption by contacting Commercial Vehicle Enforcement at the Arizona Department
of Public Safety, Highway Patrol Division, P.O. Box 6638, Phoenix, Arizona 85005. The Arizona Department of Public Safety may grant the exemption with or without restrictions as necessary to provide vital service to the public.
2. Paragraph (a)(2)(i)(A) is amended to read: An emergency has been declared by a federal, state or local government official having authority to declare an emergency; or an emergency situation exists under A.R.S. § 28-5234(B); or

D. 49 CFR 390.25, Extension of relief from regulations - emergencies, is amended by adding: A motor carrier seeking to extend a period of relief from these regulations may request the extension by contacting Commercial Vehicle Enforcement at the Arizona Department of Public Safety, Highway Patrol Division, P.O. Box 6638, Phoenix, Arizona 85005. The Arizona Department of Public Safety may grant the extension with any restrictions it considers necessary to provide vital service to the public.

A motor carrier requesting relief from these regulations shall contact the Arizona Department of Public Safety, Commercial Vehicle Enforcement Bureau, Telephone (602) 223-2212.

Historical Note: New Section recodified from R17-4-435.01 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 9 A.A.R. 1867, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking at 11 A.A.R. 862, effective February 1, 2005 (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 1559, effective May 2, 2006 (Supp. 06-2). Amended by final rulemaking at 13 A.A.R. 2636, effective July 10, 2007 (Supp. 07-3). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3).

R17-5-204. Motor Carrier Safety: 49 CFR 391 - Qualifications of Drivers - REPEALED

R17-5-205. Motor Carrier Safety: 49 CFR 382 - Controlled Substances and Alcohol Use and Testing -REPEALED

R17-5-206. Motor Carrier Safety: Amendment to 49 CFR 392

A. 49 CFR 392.5 Alcohol prohibition. Paragraph (e) is amended to read:
Drivers who violate the terms of an out-of-service order as prescribed under this Section are subject to the provisions and sanctions of A.R.S. § 28-5241.

B. 49 CFR 392.9a is deleted.

Historical Note: New Section recodified from R17-4-435.04 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 9 A.A.R. 1867, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3).

R17-5-207. Civil penalties

To determine the amount of civil penalty for repeat findings of responsibility for the same class of violations involving vehicles required to be placarded, the higher level of civil penalty as prescribed under A.R.S. § 28-5238 applies.

Historical Note
New Section recodified from R17-4-435.05 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3).

R17-5-208.Commercial Driver License Intrastate Medical Waiver; Intrastate Alternative Physical Qualification Standards for the Loss or Impairment of Limbs or Monocular Vision; Federal Diabetes Exemption Program

A. A person who is not physically qualified to drive a commercial motor vehicle in interstate commerce due to loss of limb, limb impairment, or monocular vision, as provided under 49 CFR 391.41(b)(1), (b)(2), or (b)(10), may operate a commercial motor vehicle in intrastate commerce if granted an intrastate medical waiver by the Director.
B. A person eligible to apply for an intrastate medical waiver under subsection (A) shall:


1. Meet all other requirements under 49 CFR 391.49(c),
Alternative Physical Qualification Standards for the Loss
or Impairment of Limbs; and
2. Apply to the Department as prescribed under subsection (C).

C. A driver applicant, or a driver applicant jointly with the motor
carrier co-applicant that will employ the driver applicant, may complete and submit an intrastate medical waiver application to the Department’s Medical Review Program, P.O. Box 2100, Mail Drop 818Z, Phoenix, Arizona 85001-2100, which shall:
1. Identify the applicant:

a. Name and complete address of the driver applicant;
b. Name and complete address of the motor carrier coapplicant;
c. U.S. Department of Transportation motor carrier identification number, if known; and
d. A description of the driver applicant’s limb or visual impairment as applicable to the type of waiver being requested;

2. Describe the type of operation the driver applicant will be employed to perform, if the information is known:

a. Average period of time the driver will be driving or on duty, per day;
b. Type of commodities or cargo to be transported;
c. Type of driver operation (i.e., sleeper team, relay, owner operator, etc.); and
d. Number of years experience operating each type of commercial motor vehicle requested in the intrastate medical waiver application and total years of experience operating all types of commercial motor vehicles;

3. Describe the commercial motor vehicles the driver applicant
intends to drive:

a. Truck, truck tractor, or bus make, model, and year (if known);
b. Drive train:

i. Transmission type (automatic or manual - if manual, designate number of forward speeds);
ii. Auxiliary transmission (if any) and number of forward speeds; and
iii. Rear axle (designate single speed, two-speed, or three-speed);

c. Type of brake system;
d. Steering, manual or power assisted;
e. Description of types of trailers (i.e., van, flatbed, cargo tank, drop frame, lowboy, or pole);
f. Number of semitrailers or full trailers to be towed at one time;
g. For commercial motor vehicles designed to transport passengers, indicate the seating capacity of the commercial motor vehicle; and
h. Description of any modifications made to the commercial motor vehicle for the driver applicant, attach photographs where applicable;

4. Include a certification statement:

a. The co-applicant motor carrier shall certify that the driver applicant is otherwise qualified to drive a commercial motor vehicle under the regulations of 49 CFR 391; or
b. In the case of a unilateral application, the driver applicant shall certify that the driver applicant is otherwise qualified to drive a commercial motor vehicle under the regulations of 49 CFR 391; and

5. Document the signature and date signed:

a. The driver applicant’s signature in the case of a unilateral application; or
b. The motor carrier official’s signature and title if the application has a co-applicant. Depending on the motor carrier’s organizational structure (corporation, partnership, or proprietorship), the signer of the application shall be an officer, partner, or the proprietor.

D. The completed intrastate medical waiver application for a driver applicant not physically qualified to drive under 49 CFR 391.41(b)(1) or (2) shall be accompanied by:

1. A copy of the medical examination report and medical examination certificate completed pursuant to 49 CFR391.43;
2. A medical waiver evaluation summary completed by either a board qualified or board certified physiatrist or orthopedic surgeon. The co-applicant motor carrier or the driver applicant shall provide the physiatrist or orthopedic surgeon with a description of the job-related tasks the
driver applicant will be required to perform:

a. The medical waiver evaluation summary for a driver applicant not physically qualified to drive under 49 CFR 391.41(b)(1) shall include:

i. An assessment of the functional capabilities of the driver as they relate to the ability of the driver to perform normal tasks associated with operating a commercial motor vehicle; and
ii. A statement by a board qualified or board certified physiatrist or orthopedic surgeon that the applicant is capable of demonstrating precision prehension (e.g., manipulating knobs and switches) and power grasp prehension (e.g., holding and maneuvering the steering wheel) with each upper limb separately when the intrastate medical waiver is requested due to a loss or impairment of limbs;

b. The medical waiver evaluation summary for a driver applicant not physically qualified to drive under 49 CFR 391.41(b)(2) shall include:

i. An explanation as to how and why the impairment interferes with the ability of the applicant to perform normal tasks associated with operating a commercial motor vehicle;
ii. An assessment and medical opinion of whether the condition will likely remain medically stable over the lifetime of the driver applicant; and
iii. A statement by a board qualified or board certified physiatrist or orthopedic surgeon that the applicant is capable of demonstrating precision prehension (e.g., manipulating knobs and switches) and power grasp prehension (e.g., holding and maneuvering the steering wheel) with each upper limb separately;

3. A description of the driver applicant’s prosthetic or orthotic device worn, if any;
4. A skill performance evaluation performed by a federally certified state commercial driver license examiner;
5. Application for employment:

a. A copy of the driver applicant’s application for employment completed pursuant to 49 CFR 391.21; or
b. A copy of the unilateral applicant’s application for employment from where the unilateral applicant most recently held employment as a commercial motor vehicle driver. If not previously employed as a commercial motor vehicle driver, a statement of explanation to that effect; and

6. A copy of the driver applicant’s state motor vehicle driving record for the past three years from each state in which a motor vehicle driver license or permit has been obtained.

E. The completed intrastate medical waiver application for a driver applicant not physically qualified to drive under 49 CFR 391.41(b)(10) shall be accompanied by:

1. A copy of the medical examination report and medical examination certificate completed pursuant to 49 CFR 391.43;
2. A current vision examination report, which an ophthalmologist or a licensed optometrist:

a. Completes on a form provided by the Department;
b. Uses to indicate that the applicant has distant visual acuity of at least 20/40 (Snellen), with or without a corrective lens, in one eye, and the applicant’s dominant
eye has a visual field of at least 70° peripheral measurement in one direction and 35° in the opposite direction of the horizontal meridian and the ability to distinguish the colors of a traffic signal or device showing standard red, green, and yellow, as
applicable to the type of medical waiver being requested; and
c. Mails to the Department at the address provided on the form;

3. A skill performance evaluation administered by a federally certified state commercial driver license examiner at a commercial driver license facility of the Department;
4. Application for employment:

a. A copy of the driver applicant’s application for employment completed pursuant to 49 CFR 391.21; or
b. A copy of the unilateral applicant’s application for employment from where the unilateral applicant most recently held employment as a commercial motor vehicle driver. If not previously employed as a commercial motor vehicle driver, a statement of explanation to that effect;

5. A copy of the driver applicant’s state motor vehicle driving record for the past three years from each state in which a motor vehicle driver license or permit has been
obtained; and
6. A certification statement by the driver applicant indicating that the driver applicant has driven the type of vehicle for which the waiver is being requested for at least two of the previous five years.

F. Agreement. A motor carrier that employs a driver subject to an intrastate medical waiver granted by the Director under subsection (A), whether the waiver was granted unilaterally to the driver, or to the driver and co-applicant motor carrier, shall agree to:

1. Report to the Department’s Medical Review Program, P.O. Box 2100, Mail Drop 818Z, Phoenix, Arizona 85001-2100, in writing, any suspension, revocation, or withdrawal of the subject driver’s driver license or permit, and any accident, arrest, or conviction involving the driver within 30 days after the occurrence;
2. Provide to the Department’s Medical Review Program, on request, any documents and information pertaining to the driving activities, accidents, arrests, convictions, and driver license or permit suspensions, revocations, or withdrawals involving the subject driver;
3. Evaluate the subject driver with a road test using the trailer types the motor carrier intends the driver to transport, or alternatively accept a certificate of a trailer road test from another motor carrier if the trailer types are similar, or accept the trailer road test completed during the skill performance evaluation if trailer types are similar to that of the prospective motor carrier;
4. Evaluate the subject driver for those non-driving safety related job tasks associated with each type of trailer that will be used and any other non-driving safety related orjob related tasks unique to the operations of the employing motor carrier; and
5. Use the subject driver to operate the type of commercial motor vehicle indicated on the intrastate medical waiver only when the driver is in compliance with the conditions and limitations of the waiver.

G. A driver subject to an intrastate medical waiver, issued by the Director under subsection (A), shall supply each employing motor carrier with a copy of the intrastate medical waiver.
H. The Department may require the driver applicant to demonstrate the driver applicant’s ability to safely operate the commercial motor vehicle the driver intends to drive.
I. After successful completion of a skill performance evaluation, if the Director grants an intrastate medical waiver under subsection (A), the Department shall mail to the driver applicant and co-applicant motor carrier (if applicable) written approval of the intrastate medical waiver describing the terms, conditions, and limitations of the waiver.
J. The intrastate medical waiver granted by the Director under subsection (A) shall identify:

1. The power unit (bus, truck, truck tractor) for which the waiver is granted; and
2. The trailer type used in the skill performance evaluation, without limiting the waiver to that specific trailer type.

K. A subject driver may use the intrastate medical waiver with other trailer types if the driver successfully completes:

1. A trailer road test administered by the motor carrier under subsection (F)(3) for each type of trailer, and
2. A non-driving safety related or job related task evaluation administered by the motor carrier under subsection (F)(4).

L. The intrastate medical waiver granted by the Director under subsection (A) shall be:

1. Valid for a period of not more than two years from the date of issuance;
2. Renewable 30 days prior to the expiration date; and
3. Transferable from an original motor carrier co-applicant employer to a new motor carrier employer upon written notification to the Department’s Medical Review Program, P.O. Box 2100, Mail Drop 818Z, Phoenix, Arizona 85001-2100, stating the new employer’s name and the
type of equipment to be driven.

M. An intrastate medical waiver granted by the Director under subsection (A) to a driver applicant for monocular vision under subsection (E), shall prohibit the subject driver from transporting:

1. Passengers for hire, and
2. Reportable quantities of hazardous substances, manifested hazardous wastes, and hazardous material required to be placarded.

N. A driver subject to an intrastate medical waiver, issued by the Director under subsection (A), shall have the intrastate medical waiver (or a legible copy) in the subject driver’s possession while on duty.
O. The motor carrier employing a subject driver shall maintain a copy of the intrastate medical waiver in its driver qualification file and retain the copy in the motor carrier’s file for a period of three years after the driver’s employment is terminated.
P. A driver applicant, or a driver applicant jointly with a motor carrier co-applicant whose principal place of business is located in Arizona, may renew an intrastate medical waiver by submitting to the Department’s Medical Review Program, P.O. Box 2100, Mail Drop 818Z, Phoenix, Arizona 85001-2100, an intrastate medical waiver renewal application. The intrastate medical waiver renewal application shall contain the following:

1. Name and complete address of the motor carrier currently employing the applicant;
2. Name and complete address of the subject driver;
3. Total miles driven under the current intrastate medical waiver;
4. Number of accidents incurred while driving under the current intrastate medical waiver, including the date of each accident, number of fatalities, number of injuries, and the estimated dollar amount of any property damage;
5. A current medical examination report;
6. A medical waiver evaluation summary, as prescribed under subsection (D)(2), if an unstable medical condition exists;
7. A copy of the subject driver’s current state motor vehicle driving record for the period of time the current intrastate medical waiver has been in effect;
8. Notification of any change in the type of tractor the driver will operate;
9. Subject driver’s signature and date signed; and
10. Motor carrier co-applicant’s signature and date signed (if applicable).

Q. Falsifying information on an intrastate medical waiver application or an intrastate medical waiver renewal application or other information required by this Section of either an applicant or a co-applicant motor carrier is prohibited.
R. The Director may deny an application for the intrastate medical waiver or may grant the waiver in whole or in part and issue the waiver subject to such terms, conditions, and limitations as the Director deems consistent with the public interest.
S. The Director may revoke an intrastate medical waiver after providing, to the person to whom it was issued, written notice of the proposed revocation and a reasonable opportunity to request a hearing.
T. If the enforcement of any provision of this Section would result in the loss or disqualification of federal funding for any state agency or program, that provision is invalid.

Historical Note: New Section recodified from R17-4-435.06 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Section repealed; new Section made by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3).

R17-5-209. Hazardous Materials Transportation

A. Incorporation of federal regulations.

1. The Motor Vehicle Division incorporates the following portions of the Federal Hazardous Materials Regulations by reference. Materials incorporated by reference are on file in the Secretary of State's Office. The incorporated Hazardous Materials Regulations are published in 49 CFR, Transportation, Subtitle B - Other Regulations Relating to Transportation, Chapter I - Research and Special Programs Administration, Department of Transportation:

a. Subchapter A - Hazardous Materials and Oil Transportation; Part 107 - Hazardous materials program procedures; and
b. Subchapter C - Hazardous Materials Regulations; Parts:

i. 171 - General information, regulations, and definitions;
ii. 172 - Hazardous materials table, special provisions, hazardous materials communications, emergency response information, and training requirements;
iii. 173 - Shippers - general requirements for shipments and packagings;
iv. 177 - Carriage by public highway;
v. 178 - Specifications for packagings; and
vi. 180 - Continuing qualification and maintenance of packagings.

2. These parts are incorporated as printed in the October 1, 2005 edition, and those sections of the October 1, 1991 edition authorized for use under the transitional provisions of Section 171.14 of the October 1, 2005 edition and no later amendments or editions. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-0001, and is on file with the Division.

B. Application and exceptions.

1. Application.

a. Regulations incorporated in subsection (A) apply as amended by subsection (C) to motor carriers, shippers, and manufacturers as defined under A.R.S. § 28-5201.
b. Regulations incorporated in subsection (A) also apply to any vehicle owned or operated by the state, a political subdivision, or a state public authority, used to transport a hazardous material, including hazardous substances and hazardous waste.

2. Exceptions. An authorized emergency vehicle, as defined under A.R.S. § 28-101, is excepted from the provisions of this Section.

C. Amendments. The following sections of the Federal Hazardous Materials Regulations, incorporated under subsection (A), are amended as follows:

1. Part 171. General information, regulations, and definitions.

a. Section 171.1 Purpose and scope.
Paragraph (a) is amended to read:
"The transportation of hazardous materials by and their offering to: (1) interstate, intrastate, and foreign motor carriers; and (2) vehicles owned or operated by the state, a political subdivision or a state public authority, that are used to transport hazardous material."

b. Section 171.8 Definitions and abbreviations. Section 171.8 is amended by revising the definitions for "Carrier," "Hazmat employer," and "Person," and adding a definition for "Highway" as follows:
"`Carrier' means a person engaged in the transportation of passengers or property by highway as a common, contract, or private carrier and also includes the state, a political subdivision, and a state public authority engaged in the transportation of hazardous material."
"`Hazmat employer' means a person who uses one or more employees in connection with: transporting hazardous material; causing hazardous material to be transported or shipped; or representing, marking, certifying, selling, offering, reconditioning, testing, repairing, or modifying containers, drums, or packagings as qualified for use in the transportation of hazardous material. This term includes motor carriers, shippers, and manufacturers defined under A.R.S. § 28-5201 and includes the state, political subdivisions, and state public authorities."
"`Highway' means a public highway defined under A.R.S. § 28-5201."
"`Person' has the same meaning as defined under A.R.S. § 28-5201."

2. Part 172 - Hazardous materials table, special provisions, hazardous materials communications, emergency response information, and training requirements. Section 172.3 Applicability. Paragraph (a)(2) is amended to read: "Each motor carrier that transports hazardous materials, and each state agency, political subdivision, and state public authority that transports hazardous material by highway."
3. Part 177. Carriage by public highway.

a. Section 177.800 Purpose and scope of this part and responsibility for compliance and training.
In paragraph (a), the phrase "by private, common, or contract carriers by motor vehicle" is amended to read, "by a motor carrier operating in Arizona, a state agency, a political subdivision, or a state public authority that transports hazardous material by highway."

b. Section 177.802 Inspection. Section 177.802 is amended to read:
"Records, equipment, packagings, and containers under the control of a motor carrier or other persons subject to this part, affecting safety in transportation of hazardous material by motor vehicle, must be made available for examination and inspection by an authorized representative of the Department as prescribed under A.R.S. §§ 28-5204 and 28-523.

 
Historical Note: NNew Section recodified from R17-4-436 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 9 A.A.R. 1867, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking at 13 A.A.R. 1262, effective May 5, 2007 (Supp. 07-1).

R17-5-210. Motor Carrier Safety: Public Service Corporation, Political Subdivision of this State that is Engaged in Rendering Public Utility Service, or Railroad Contacting State Officials in an Emergency

A. A public service corporation, political subdivision of this state that is engaged in rendering public utility service, or railroad shall notify the Commercial Vehicle Enforcement Bureau, through the Arizona Department of Public Safety Duty Office, that an emergency situation under A.R.S. § 28-5234(B) exists. Notification shall be made on a form provided by the Arizona Department of Public Safety and sent by fax transmission to (602) 223-2929 immediately, but in no case longer than three hours from the time the public service corporation, political subdivision of this state that is engaged in rendering public utility service, or railroad determines that the emergency situation exists. The information to be provided includes:

1. Date of the emergency situation,
2. Time that the emergency situation started,
3. Description of the emergency situation,
4. Location of the emergency situation,
5. Projected duration of the emergency situation,
6. Authorized party's signature for determining that an emergency situation exists,
7. Name and contact number of responsible party in the field, and
8. The utility's self-generated Emergency ID or tracking number.

B. A public service corporation, political subdivision of this state that is engaged in rendering public utility service, or railroad shall maintain supporting documentation for no less than three years from the date of an emergency situation and shall make the supporting documentation available to a special agent upon request. Supporting documentation includes;

1. A list of drivers involved in the emergency situation,
2. The duration of the emergency situation,
3. The off-duty time provided for the affected drivers after the emergency situation concluded, and
4. Any United States Department of Transportation recordable accidents, as defined in 49 CFR 390.15, that occurred during the emergency situation.

C. After an emergency situation terminates and a driver returns to the principal place of business, the driver shall not drive a commercial motor vehicle unless the driver remains off duty under 49 CFR 395.

Historical Note: New Section recodified from R17-4-438 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4259, effective September 13, 2001 (Supp. 01-3). Section repealed by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). New Section made by final rulemaking at 11 A.A.R. 862, effective February 1, 2005 (Supp. 05-1).

R17-5-211. Motor Carrier Safety: Inspection, Enforcement, Sanction

A. Scope. This Section applies to any transporter subject to:

1. R17-5-202 through R17-5-209; and
2. A.R.S. Title 28, Chapter 14.

B. Audits.

1. The Division may conduct an audit for cause or without cause.
2. The Division may enter the premises of any transporter for the purpose of conducting an audit.
3. The Division may inspect a motor vehicle:

a. Within Arizona at:

i. A transporter's place of business; or
ii. Any other in-state location; or

b. Outside Arizona at a transporter's place of business.

4. A transporter shall make records available for audit:

a. During the transporter's normal business hours; and
b. In a specific location as follows:

i. The transporter's Arizona place of business; or
ii. Either an Arizona location designated by the Division Director or the transporter's out-of-state place of business.

5. The Division shall charge a transporter in advance for all expenses to be incurred in performance of an out-of-state audit.

C. Violation notification. Within five days after audit completion, the Division shall notify an audited transporter in writing of all violations. The notification shall specify a deadline date for remedy of all violations.

D. Obligation to remedy violations: After receipt of a violation notification, a transporter shall remedy all violations by the specified date to comply with:

1. R17-5-202 through R17-5-209; and
2. A.R.S. Title 28, Chapter 14

E. Noncompliance: Failure to remedy violations. If the Division determines a transporter did not remedy a violation by the date specified in a violation notice, the Division shall initiate further enforcement action as prescribed under A.R.S. §§ 28-5237 and 28-5238.

F. Danger to public safety. If the Division Director determines a written violation report establishes probable cause of danger to public safety, the Division Director shall issue an order by 5:00 p.m. the next business day suspending the Arizona registration of the motor vehicle owned or leased by the transporter, or a driver's Arizona driver license or nonresident driving privilege.

Historical Note: New Section recodified from R17-4-439 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4259, effective September 13, 2001 (Supp. 01-3).

R17-5-212. Motor Carrier Safety: Hearing Procedure

A. Scope.

1. This Section applies only to a motor carrier enforcement action under:

a. R17-5-202 through R17-5-207;
b. R17-5-209; and
c. A.R.S. Title 28, Chapter 14.

2. In an enforcement hearing involving a manufacturer, motor carrier, shipper, or driver under this Section, the Department shall follow the procedures prescribed under 17 A.A.C. 1, Article 5, except as specified in subsections (B) through (I).

B. Initiation of proceedings, pleadings.

1. The Division Director shall initiate a hearing under this Section by:

a. Signing and serving a complaint in the form prescribed under subsection (G) that cites a manufacturer, motor carrier, shipper, or driver for an alleged infraction; and
b. Serving the cited manufacturer, motor carrier, shipper, or driver with a hearing notice within 15 days after the date the complaint is signed.

2. After the Division Director signs a complaint, the Executive Hearing Office as defined in R17-1-501 shall act on the Division Director's behalf through completion of an administrative proceeding under this Section.

C. Order to show cause.

1. When a complaint is served, the Executive Hearing Office shall immediately issue a summons for a respondent to appear at an administrative hearing to explain why the Division should not grant the requested relief.
2. The Executive Hearing Office shall hold a hearing under this Section within 60 days after the date the complaint is served.
3. The parties may resolve a complaint before the hearing date.

a. The respondent shall file any settlement condition with the Executive Hearing Office.
b. Complaint settlement terminates the right of both petitioner and respondent to receive additional administrative review.

D. Service.

1. The Executive Hearing Office shall:

a. Send an order to show cause by certified mail as prescribed under A.R.S. § 28-5232(B); and
b. Maintain a proof-of-service file.

2. The date of service is the date of mailing.

E. Answer.

1. Within 15 days after service of a complaint, a respondent shall respond to the complaint by:

a. Filing a written answer with the Executive Hearing Office; and
b. Serving the Assistant Attorney General, Transportation Division, representing the Motor Vehicle Division with a copy of the answer.

2. A respondent's written answer shall contain:

a. An admission or denial of each complaint allegation, and
b. A list of all defenses that the respondent intends to raise during the hearing.

3. In a hearing, the Executive Hearing Office shall consider any allegation not denied in the answer as an admission to the allegation.

F. Default.

1. The Executive Hearing Office shall find a respondent that fails to file an answer within 15 days after a complaint's service date in default.
2. If the Executive Hearing Office finds a respondent in default, the Executive Hearing Office shall:

a. Consider the respondent's default as an admission of all complaint allegations unless the default is cured under subsection (F)(3); and
b. Enter an order granting the relief requested in the Division's complaint.
3. A respondent may cure a default by following Rule 60(c) of the Arizona Rules of Civil Procedure.

G. Emergency motor carrier hearings; scope.

1. The Division Director shall initiate an emergency motor carrier hearing process according to R17-5-211(F) by:

a. Issuing a complaint and order to show cause according to the hearing scope under A.R.S. § 28-5232(C); and
b. Ordering immediate suspension of the registration of the vehicle owned or leased by a motor carrier or the driver license or driver's non-resident operating privilege as prescribed under A.R.S. § 28-5232(A).

2. The Executive Hearing Office shall set an emergency hearing date to occur within 30 days after the date of the complaint.

3. The complaint and order to show cause shall contain the following:

a. The Division designated as the petitioner on the state's behalf;
b. The respondent's name and the basis of fact for the complaint, including a listing of any alleged violation of Department statute or rule;
c. The relief sought by the Division; and
d. An original copy of the written violation notice issued by a law enforcement agency that was served upon the respondent.

4. At an emergency motor carrier hearing, an Executive Hearing Office administrative law judge shall determine whether the respondent:

a. Was operating on a public highway and the operation created a danger to the public safety;
b. Was responsible for the danger; and
c. Is responsible for preventing or remedying further danger to public safety.

5. Upon a finding that the factors in subsection (G)(4) are present, the administrative law judge shall order that the motor carrier's registration and operator's driver license or driver's non-resident operating privilege suspension continue.

6. If a respondent fails to appear at an emergency motor carrier hearing, any suspension previously ordered remains in effect until the respondent appears and meets all requirements under A.R.S. § 28-5232(F).

H. Upon a finding that the factors in subsection (G)(4) are present, the Division Director shall impose a civil penalty as prescribed under A.R.S. §§ 28-5232(F), 28-5237(E), and 28-5238.

I. A respondent may request judicial review of a motor carrier safety hearing proceeding as prescribed under A.R.S. § 28-5239.

Historical Note: New Section recodified from R17-4-440 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 4230, effective November 15, 2002 (Supp. 02-3).