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. "Commercial
driver license" or "CDL" has the meaning prescribed in A.R.S. §
28-3001(2).
4. "Danger to public
safety" means any condition of a transporter likely to result in serious
peril to the public if not discontinued immediately.
5. "Division"
or "MVD" means the Motor Vehicle Division, Arizona Department of
Transportation.
6. "Division
Director" means the Assistant Director of the Arizona Department of
Transportation for the Motor Vehicle Division or the Assistant Director's
designated agent.
7. "Hearing
Office" means the Arizona Department of Transportation, Motor Vehicle
Division, Executive Hearing Office.
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.
B. Any definition prescribed
under A.R.S. § 28-5201 also applies to this Article.
New Section made by final
rulemaking at 8 A.A.R. 3249, effective
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, 2003, and no later amendments or editions, as
amended by R17-5-202 through R17-5-208. The incorporated material is available
from the
B. The
regulations of 49 CFR, incorporated by subsection (A), apply as amended by
R17-5-203 through R17-5-208 to:
1. A motor carrier as
defined in A.R.S. § 28-5201 except a motor carrier transporting passengers for
hire in a motor vehicle with a design capacity of six or fewer persons.
2. A vehicle owned or
operated by the state, a political subdivision, or a public authority of the
state that is used to transport hazardous materials in an amount requiring the
vehicle to be marked or placarded as prescribed in R17-5-209.
New Section recodified from R17-4-435 at 7 A.A.R. 3483, effective
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 in R17-5-209.
2. Paragraph (b) is
amended to read:
A motor carrier driver
domiciled in Arizona who operates a commercial motor vehicle defined in A.R.S.
§ 28-3001 shall comply with the requirements of A.R.S. Title 28, Chapter 8 and
any rule made under that Chapter.
3. Paragraph (c) is
amended to read:
A motor carrier operating
in Arizona in furtherance of a commercial enterprise, shall comply with the
financial responsibility requirement specified in A.R.S. Title 28, Chapter 9,
Article 2, and 49 CFR 387.
4. Paragraph (f)(6) is deleted.
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" is used in reference to
the controlled substances and alcohol use and testing requirement of 49 CFR
382, the term has the meaning prescribed in 49 CFR 382.107.
2. If the term
"Commercial Motor Vehicle" or "CMV" is used in reference to
the licensing requirements prescribed under A.R.S. § 28-3223, the term has the
meaning prescribed under A.R.S. § 28-3001.
3. If the term
"Commercial Motor Vehicle" or "CMV" is not used in
reference to the controlled substances and alcohol use and testing requirement
of 49 CFR 382 or the licensing requirement prescribed under A.R.S. § 28-3223,
the term means a self-propelled, motor-driven vehicle or vehicle combination,
used on a public highway in this state in furtherance of a commercial
enterprise that:
a. Has a gross vehicle
weight rating (GVWR) as a single vehicle or a gross combination weight rating
(GCWR) of 18,001 pounds or more for purposes of intrastate commerce;
b. Transports passengers
for hire and has a design capacity of seven or more persons; or
c. Transports a hazardous
material in an amount requiring marking or placarding
as prescribed in R17-5-209;
d. Is not an intrastate-operating tow truck that has a
GVWR up to 26,000 pounds, but a tow truck operator remains subject to all other
provisions prescribed under 49 CFR 391.41, 391.43, 391.45, 391.47, and 391.49;
and
e. Operates for purposes of interstate commerce with a
GVWR of greater than 10,001 pounds.
4. "Exempt intracity zone" is deleted and has no application in
R17-5-203 through R17-5-206.
5. "For-hire motor
carrier," "private motor carrier," "private motor carrier
of passengers (business)," and "private motor carrier of passengers (nonbusiness)" are deleted from R17-5-203 through
R17-5-206 and the term "motor carrier" is substituted.
6. "Gross vehicle
weight rating (GVWR)" is amended by adding:
In the absence of a value
specified by the manufacturer and the vehicle identification number, law
enforcement shall use a vehicle's actual gross weight or declared gross weight
to determine the GVWR.
7. "Regional
Director of Motor Carriers" means the Division Director of the Arizona
Department of Transportation, Motor Vehicle Division.
8. "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.
9. "State"
means a state of the
10. "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
Assistance in investigations and special studies. Paragraph (a) is amended to
read:
A motor carrier shall
make all records and information pertaining to an accident available to a
special agent upon request or as part of any inquiry within the time the
request or inquiry specifies. A motor carrier shall give a special agent all
reasonable assistance in the investigation of any accident including providing
a full, true, and correct answer to any question of the inquiry.
D. 49 CFR 390.21 Marking
of CMVs. Paragraph (a) is amended to read:
This Section applies to
all motor carrier vehicles operated in
1. Company name, or
2. Business trade name,
and
3. City and state.
E. 49 CFR 390.23 Relief
from regulations.
1. Paragraph (a) is
amended to read:
Regulations contained in
49 CFR 390 through 397 do not apply to a motor carrier that:
a. Is exempt from federal jurisdiction, and
b. Operates a commercial
motor vehicle used or designated to provide relief during an emergency.
2. Paragraphs (a)(1),
(a)(1)(i), (a)(1)(i)(A),
(a)(1)(i)(B), and (a)(1)(ii) are deleted.
3. Paragraph (a)(2)(i)(A) is amended as follows:
An emergency has been
declared by a federal, state, or local government official having authority to
declare an emergency; and
4. Paragraph (a)(2)(i)(B) is amended as follows:
The Arizona Department of
Public Safety Commercial Vehicle Enforcement Bureau determines a local
emergency exists that justifies an exemption from any or all of these Parts. If
the Arizona Department of Public Safety Commercial Vehicle Enforcement Bureau
determines relief from these regulations is necessary to provide vital service
to the public, relief shall be granted with any restrictions the Arizona
Department of Public Safety considers necessary.
5. "Interstate
commerce" as used in paragraph (b) means engagement in a commercial
enterprise.
F. 49 CFR 390.25 Extension
of relief from regulations - emergencies is amended as follows:
A motor carrier seeking
to extend a period of relief from these regulations shall obtain approval from
the Arizona Department of Public Safety Commercial Vehicle Enforcement Bureau.
The motor carrier shall give full details of the additional relief requested.
The Arizona Department of Public Safety shall observe time limits for emergency
relief from regulations as prescribed under 49 CFR
390.23(a), but may extend a period of relief after considering:
1. Severity of the
emergency,
2. Nature of relief
services to be provided by the motor carrier, and
3. Other restrictions
that may be necessary.
G. 49 CFR 390.27
Locations of motor carrier safety service centers is amended to read:
A motor carrier
requesting relief from these regulations shall contact the Arizona Department
of Public Safety, Commercial Vehicle Enforcement Bureau, Telephone
(602) 223-2522.
New Section recodified from R17-4-435.01 at 7 A.A.R. 3483, effective
R17-5-204. Motor
Carrier Safety: 49 CFR 391 - Qualifications of Drivers
A. 49 CFR 391.11
Qualifications of drivers. Paragraph (b)(1) is amended
to read:
Is at least 21 years of
age for interstate operation and at least 18 years of age for operations
restricted to intrastate transportation not involving the transportation of a
reportable quantity of hazardous substance, hazardous waste required to be
manifested, or hazardous material in an amount requiring a vehicle to be marked
or placarded as prescribed in R17-5-209.
B. 49 CFR 391.49
Alternative physical qualification standards for the loss or impairment of
limbs.
1. Paragraph (a) is
amended by adding:
A person not physically
qualified to drive as prescribed in 49 CFR 391.41(b)(1), (b)(2), (b)(3), or
(b)(10) but otherwise qualified to drive a motor vehicle, may drive a motor
vehicle in intrastate commerce if the Division Director grants an intrastate
waiver to the person. Application for an intrastate waiver shall be submitted
according to subsection (C). If granted, an intrastate waiver shall be for a
period not exceeding two years. A person granted an intrastate waiver may
transfer the intrastate waiver from an original employer to a new employer upon
written notification to the Division Director stating the new employer's name
and the type of equipment to be driven.
2. Paragraph (b) is
amended by adding:
To obtain an intrastate
waiver, an applicant or an applicant and co-applicant shall submit a letter of
application for an intrastate waiver of a physical qualification to the Motor
Vehicle Division, Medical Review Program,
3. Paragraph (c)(1)(iv) is amended to read:
A
description of the driver applicant's limb or visual impairment for which
waiver is requested.
4. Paragraph (d)(3)(i) is amended to read:
The medical evaluation
summary for a driver applicant disqualified under 49 CFR 391.41(b)(1) or (b)(10) shall include:
5. Paragraph (d)(3)(i)(B) is amended by adding:
Or a statement by the
examiner that an applicant for an intrastate waiver has:
a. Distant visual acuity
at least 20/40 (Snellen), with or without a
corrective lens, in one eye;
b. Field of vision at least 70° peripheral measurement of the
horizontal meridian of the applicant's dominant eye;
c. Ability to distinguish
the colors of a traffic signal or device showing standard red, green, and
amber.
6. Paragraph (d)(3)(iii) is added:
A medical evaluation for
a driver applicant disqualified as prescribed under 49 CFR 391.41(b)(3) shall include the requirements in 49 CFR 391.64.
7. Paragraph (j)(1) is amended by adding:
A person with a distant
visual acuity of greater than 20/40 (Snellen), with
or without a corrective lens, in one eye; a field of vision of less than 70°
peripheral measurement of the horizontal meridian of the person's dominant eye;
and the inability to distinguish the colors of a traffic signal or device
showing standard red, green and amber, shall not:
a. Transport any amount
of hazardous material required to be marked or placarded as prescribed under
R17-5-209, or
b. Operate a vehicle for
the purpose of transporting passengers as prescribed under R17-5-202.
C. Waiver procedure for
an intrastate driver.
1. The Division Director
shall appoint the Division's Medical Review Officer to review a request for
physical waiver.
2. The Medical Review
Officer shall:
a. Review an application
for waiver to ensure all provisions of 49 CFR 391.49 are met;
b. Take necessary
testimony and accept documentation and information about the application;
c. Ensure that a driver
applying for an intrastate waiver of the visual requirements:
i. Has driven the type of
vehicle to be operated as prescribed in the waiver for at least two of the
previous five years; and
ii. Will not transport passengers for hire, or
iii. Will not transport a reportable quantity of a hazardous
substance, hazardous waste that requires a manifest, or hazardous material that
requires marking or placarding as prescribed under
R17-5-209;
d. Notify the applicant
by mail:
i. To contact the nearest
CDL examiner to schedule a time to take the CDL pre-inspection, off-road, and
on-road tests within 30 days from date of notice; and
ii. Of the approval or denial of the waiver within 10 days of
the decision to approve or deny.
3. The
applicant shall submit an application to the Division as prescribed under 49
CFR 391.49(a), (b), (c), and (d) as amended by this Section.
4. Waiver form.
a. The Division shall
ensure that the application for waiver form reflects the terms, conditions, or
limitations of the waiver.
b. The Division shall
maintain the original waiver form.
c. The motor carrier
shall retain a legible copy of the waiver form:
i. During
the driver's employment as a driver, and
ii. For a minimum of
three years after the driver ceases driving for the motor carrier.
d. A driver granted a
waiver shall possess a legible copy of the waiver when driving a commercial
motor vehicle.
5. Hearings and appeals.
If the Medical Review Officer denies a waiver application, the applicant may
request a hearing with the MVD Executive Hearing Office within 15 days from the
date of the notice as prescribed under 17 A.A.C. 1, Article 5.
6. Using the U.S.
Department of Transportation Federal Highway Administration's Regulatory
Criteria for Evaluation under Section 391.41, April 1996, the Medical Review
Officer may suspend for life the commercial vehicle operating privilege of any
driver who, after issuance of a waiver as prescribed in this Section:
a. Fails to meet the conditions imposed by this Section,
b. Commits a serious
traffic violation described under A.R.S. § 28-3312(E), or
c. Is involved in a
reportable accident related to the driver's medical condition.
7. If 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.
D. Subpart F - Files and
Records
49 CFR
391.51 General requirements for driver qualification files. Paragraph (b)(8) is amended by
adding:
"or
the Division Director's letter of notification, granting an intrastate waiver
of physical disqualification, if a waiver is granted as prescribed in this
Section."
E. The following sections
are deleted:
1. 49 CFR 391.68 Private
motor carrier of passengers (nonbusiness).
2. 49 CFR 391.69 Private
motor carrier of passengers (business).
New Section recodified from R17-4-435.02 at 7 A.A.R. 3483, effective
R17-5-205. Motor
Carrier Safety: 49 CFR 382 - Controlled Substances and Alcohol Use and Testing
A. 49 CFR
382.103 Applicability. Paragraph (a)(1) is amended to read:
The
commercial driver license requirements of the state of
B. 49 CFR 382.115
Starting date for testing programs. Paragraph (a) is amended to read:
The controlled substances
and alcohol use and testing requirements commence for all motor carriers on the
date this Section goes into effect.
C. Paragraph (b) is
deleted.
New Section recodified from R17-4-435.03 at 7 A.A.R. 3483, effective
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 in this Section are subject to
the provisions and sanctions of A.R.S. § 28-5232.
B. 49 CFR 392.9a is
deleted.
New Section recodified from R17-4-435.04 at 7 A.A.R. 3483, effective
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 in A.R.S. § 28-5238 applies.
New Section recodified from R17-4-435.05 at 7 A.A.R. 3483, effective
R17-5-208.
Insulin-dependent Commercial Driver License Waiver Pilot Study Program
The Division shall create
a pilot study program for insulin-dependent diabetics to process, monitor, and
evaluate the feasibility of establishing a waiver program for intrastate
drivers who are disqualified as prescribed in the provisions of 49 CFR
391.41(b)(3), but who are otherwise qualified. All requirements of R17-5-204
apply except subsections (B)(3) and (B)(4).
1. The
Medical Review Officer, authorized to approve or deny waiver applications,
shall administer the pilot study program.
2. The study program
begins on the effective date of this rule and terminates two years from that
date.
3. All waivers issued
through the study program terminate upon the expiration of the study program.
4. The Division Director
may extend the study or establish a permanent waiver process after review of
the study program results.
5. An insulin-dependent
diabetic may apply for a waiver, restricted to the state of
a. The applicant submits
blood glucose logs to an endocrinologist or medical examiner at an annual
examination or at any time as directed by the medical review section.
b. The applicant has a
driving record meeting the minimum requirements of safe driving as specified in
applicable federal and state safety regulations and has no serious traffic
violation as described under A.R.S. § 28-3312(E), no period of driver
disqualification, and no reportable accident for the three-year period before
submitting the waiver application.
c. A separate signed
statement from an examining ophthalmologist is submitted that the applicant has
been examined and does not have unstable proliferative
diabetic retinopathy, unstable advancing disease of blood vessels in the
retina, and has stable acuity of at least 20/40 Snellen
in each eye, with or without corrective lenses.
6. An insulin-dependent
diabetic commercial driver license applicant shall provide:
a. A board-certified or
board-eligible endocrinologist with a complete medical history including the
date insulin use began, all hospitalization reports,
consultation notes for diagnostic examinations, special studies pertaining to
the diabetes and follow-up reports, and reports of any hypoglycemic insulin
reactions within the prior 12 months from the date the applicant started using
insulin.
b. An examination by a
board-certified or board-eligible endocrinologist. The complete medical
examination shall consist of a comprehensive evaluation of the applicant's
medical history and current status, including a review of:
i. Fasting blood studies
glucose, glycosylated hemoglobin/Hb
Alc I including lab reference page and urinalysis
performed during the last six months; and
ii. Insulin dosages and types, diet utilized for control, and
any significant factors such as smoking, alcohol use, and other medications or
drugs taken.
c. A statement prepared
and signed by the examining endocrinologist whose status as board-certified or
board-eligible is indicated. The signed statement shall include separate
declarations indicating the following medical determinations:
i. The endocrinologist is
familiar with the applicant's medical history for the past 12 months whether
through actual treatment over that time or through consultation with a
physician who has treated the applicant during that time.
ii. The applicant is free
from insulin reactions including severe hypoglycemia and hypoglycemia
awareness, and has had no more than one documented hypoglycemic reaction per
month in the previous 12 months from the date the applicant started using
insulin injections.
iii. The applicant does
not have severe hypoglycemia episodes of altered consciousness requiring the
assistance of another person to regain control.
iv. The applicant does not have hypoglycemia unawareness or the
inability to recognize the early symptoms of hypoglycemia such as sweating,
anxiety, forceful heartbeat, and light-headedness.
v. The applicant's
diabetic condition will not adversely affect the applicant's ability to operate
a commercial motor vehicle; and
vi. The applicant is
educated in diabetes and its management and is thoroughly informed of and
understands procedures to follow to monitor and manage the applicant's diabetes
and procedures to follow if complications arise.
d. An insulin-dependent
applicant for a commercial driver license waiver shall meet the following
requirements for the last three years before application:
i. Have a driving record
that contains no suspension or revocation of the applicant's driver license for
the operation of any motor vehicle, including personal vehicles, except a
suspension or revocation due to nonpayment of fines;
ii. Have no involvement
in an accident as defined in 49 CFR 390.5 for which the applicant received a
citation for a moving traffic violation while operating a commercial motor
vehicle;
iii. Have no conviction
for a disqualifying offense described in 49 CFR 383.51, or more than one
serious traffic violation as described in 49 CFR 383.51 and A.R.S. § 28-3312(E)
while operating a commercial motor vehicle; and
iv. Have no more than two
convictions for any non-serious moving traffic violations while operating a
commercial motor vehicle.
e. The applicant shall
immediately report any arrest, citation, or conviction to the MVD Medical
Review Program. Failure to do so may result in denial or rescission of the
waiver.
New Section recodified from R17-4-435.06 at 7 A.A.R. 3483, effective
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, 2002 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, 2002 edition.
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 in 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 in 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, which 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 of its 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 in A.R.S. § 28-5201 and includes the state, political
subdivisions, and state public authorities."
"Highway" means a
public highway defined in A.R.S. § 28-5201."
"Person" has the
same meaning as in 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
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 in A.R.S. §§ 28-5204 and 28-5231."
New Section recodified from R17-4-436 at 7 A.A.R. 3483, effective
R17-5-210. Repealed
New Section recodified from R17-4-438 at 7 A.A.R. 3483, effective
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
i. A transporter's place
of business; or
ii. Any other in-state
location; or
b. Outside
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
ii. Either an
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.
New Section recodified from R17-4-439 at 7 A.A.R. 3483, effective
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
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.
New Section recodified from R17-4-440 at 7 A.A.R. 3483, effective