HB2455 - 532R

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

Section 1. Section 28-3101, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3101. Driver license classes

A. Except as provided in subsections B and C of this section and section 28‑3102, the following driver license classes are valid:

1. Class A. A class A license is valid for operating either of the following:

(a) A motor vehicle that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds if the combined gross vehicle weight rating is twenty‑six thousand one or more pounds.

(b) A vehicle that requires a class B, C or D license.

2. Class B. A class B license is valid for operating any of the following:

(a) A single motor vehicle with a gross vehicle weight rating of twenty‑six thousand one or more pounds.

(b) A motor vehicle with a gross vehicle weight rating of twenty‑six thousand one or more pounds that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.

3. Class C. A class C license is valid for operating any of the following:

(a) A single motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less.

(b) A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.

(c) A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds, if the combined gross vehicle weight rating is less than twenty‑six thousand one pounds.

(d) A vehicle that is required to be placarded for hazardous materials.

(e) A bus or school bus.

(f) A vehicle that requires a class D license for operation.

4. Class D. A class D license is valid for operating any of the following:

(a) A single motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less, including an autocycle.

(b) A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.

(c) A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds if the combined gross vehicle weight rating is less than twenty‑six thousand one pounds.

(d) A motorized touring vehicle. For the purposes of this subdivision, "motorized touring vehicle" means a motor vehicle that is all of the following:

(i) Owned by a commercial entity.

(ii) Rented for use during a sightseeing tour that is guided by an employee of the commercial entity that rents the motor vehicle.

(iii) Designed to travel with three wheels on the ground.

(iv) Capable of a maximum speed of forty-five miles per hour.

5. Class G. A class G license is valid for operating a single motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less.

6. Class M. A class M license is valid for operating a motorcycle, motor driven cycle or moped but is not necessary for operating an autocycle. For the purpose of licensing a driver, the department may endorse a class M license classification on a valid class A, B, C, D or G license.

B. A class A, B, C, D or G license is not valid for operating a vehicle that requires a class M license or a vehicle that requires a special endorsement unless the proper endorsement appears on the license.

C. A commercial driver license is not required to operate a vehicle described in subsection A, paragraph 1, 2 or 3 of this section if either of the following applies:

1. The vehicle has been issued a historic vehicle license plate pursuant to section 28‑2484 and the department provides in the vehicle registration record both of the following:

1. (a) That the vehicle is classified as a noncommercial vehicle and may not be used as a commercial vehicle.

2. (b) The vehicle's gross vehicle weight is entered as zero.

2. The operator holds a class D license and all of the following apply:

(a) The vehicle is not towing a trailer or being used to transport any goods or materials.

(b) The vehicle is not driven across state lines.

(d) Any of the following applies:

(i) The vehicle is being driven for purposes of determining the existence of mechanical problems or if mechanical problems are fixed.

(ii) The vehicle is being driven by an employee of a motor vehicle dealer that is licensed pursuant to chapter 10 of this title and the vehicle is being driven only between motor vehicle dealers or from the motor vehicle dealer to a customer.

(iii) The department issues a farm vehicle license plate pursuant to section 28‑2514 for the vehicle. END_STATUTE

Sec. 2. Section 28-5201, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5201. Definitions

In this chapter, unless the context otherwise requires:

1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise on a highway in this state, that is not exempt from the gross weight fees as prescribed in section 28‑5432, subsection B and that includes any of the following:

(a) A single vehicle or combination of vehicles that has a gross vehicle weight rating of eighteen twenty‑six thousand one or more pounds and that is used for the purposes of intrastate commerce.

(b) A single vehicle or combination of vehicles that has a gross vehicle weight rating of ten thousand one or more pounds and that is used for the purposes of interstate commerce.

(d) A bus.

(e) A vehicle that transports passengers for hire and that has a design capacity for eight or more persons.

(f) A vehicle that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation authorization act of 1994 (49 United States Code sections 5101 through 5128) and that is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to this chapter.

2. "Declared gross weight" has the same meaning prescribed in section 28‑5431. If a declaration has not been made, declared gross weight means gross weight.

3. "Gross weight" has the same meaning prescribed in section 28‑5431.

4. "Hazardous material" means a substance that has been determined by the United States department of transportation under 49 Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property if transported in commerce.

5. "Hazardous substance" means a material and its mixtures or solutions that has been determined by the United States department of transportation under 49 Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property if transported in commerce.

6. "Hazardous waste" means a material that is subject to the hazardous waste manifest requirements of the department of environmental quality or the United States environmental protection agency.

7. "Manufacturer" means a person who transports or causes to be transported or shipped by a motor vehicle a material that is represented, marked, certified or sold by a person for transportation in commerce.

8. "Motor carrier" means a person who operates or causes to be operated a commercial motor vehicle on a public highway.

9. "Motor vehicle" means any vehicle, machine, truck, tractor, trailer or semitrailer that is propelled or drawn by mechanical power and that is used on a public highway in the transportation of passengers or property in the furtherance of a commercial enterprise.

10. "Person" means a public or private corporation, company, partnership, firm, association or society of persons, the federal government and its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations or a natural person.

11. "Public highway" means a public street, alley, road, highway or thoroughfare of any kind in this state that is used by the public or that is open to the use of the public as a matter of right, for the purpose of vehicular travel.

12. "Shipper" means a person who offers a material for motor vehicle transportation in commerce.

13. "Transportation" means a movement of person or property by a motor vehicle and any loading, unloading or storage incidental to the movement.

14. "Vehicle combination" has the same meaning prescribed in section 28‑5431. END_STATUTE

Sec. 3. Section 28-5202, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5202. Applicability

A. Except as otherwise provided, this chapter applies to all commercial motor vehicles, commercial motor vehicle combinations and manufacturers, shippers, motor carriers and drivers who operate, cause the operation of, ship materials using or transport persons or property using commercial motor vehicles.

B. Commercial vehicles owned or operated by this state or a political subdivision or public authority of this state are subject to this chapter.

C. This chapter applies throughout this state for the purpose of enforcing state and federal laws and rules relating to the operation of commercial motor vehicles.

D. Any city, town, county or other political subdivision of this state shall not adopt or implement a law or rule relating to hazardous materials, hazardous substances or hazardous wastes other than as authorized by this chapter.

E. This chapter does not apply to vehicles that are driven in compliance with section 28‑3101, subsection C, paragraph 2. END_STATUTE