State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2455: commercial vehicles definition; driver licenses

PRIME SPONSOR: Representative Cook, LD 8

BILL STATUS: Chaptered

               

Legend: ADOT – Arizona Department of Transportation CMV – Commercial Motor Vehicle Director – Director of ADOT DUI – Driving Under the Influence GVWR – Gross Vehicle Weight Rating TSS – Traffic Survival School Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to TSS, DUI offenders and CMVs.

Provisions

1.       Directs ADOT to require a person convicted of the following offenses to attend and successfully complete an approved TSS course:

a.       A DUI, extreme DUI or aggravated DUI; or

b.       A DUI or extreme DUI within 7 years of a previous DUI conviction. (Sec. 1-3)

2.       Permits the Director to impose a civil penalty of between $300 and $3,000 instead of canceling, suspending or revoking the TSS' license for violations outlined in statute. (Sec. 5)

3.       Instructs the Director to deposit civil penalties from TSSs in the State Highway Fund. (Sec. 5)

4.       Increases the GVWR limit for a CMV used for intrastate commerce to 26,000 pounds. (Sec. 6)

5.       Makes technical and conforming changes. (Sec. 1, 3-7)

Current Law

Title 28, Chapter 4, Arizona Revised Statutes outlines provisions relating to DUIs.  It is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of these substances.  A person convicted of a DUI must: 1) serve at least 10 consecutive days in jail; 2) pay a fine at least $250 plus additional surcharges; 3) perform community service, if ordered by the court; 4) pay an additional $500 assessment to be deposited in the Prison Construction and Operations Fund; 5) pay an additional $500 assessment to be deposited in the Public Safety Equipment Fund; and 6) if the violation involved liquor, equip any motor vehicle the person operates with a certified ignition interlock device (A.R.S. § 28-1381).

The Director is required to provide requirements for TSS licensure, including: location; equipment; courses of instruction; instructors; previous records of the school and instructors; character and reputation of the operators and instructors; a fingerprint clearance card for anyone with 20% or more ownership in the TSS; and insurance in an amount set by the Director (A.R.S. § 28-3413).  After conducting a hearing the Director is allowed to cancel, suspend or revoke the license of a TSS, if the Director finds that the TSS violated statutory requirements or adopted rules or that a principle has been convicted of a criminal offense (A.R.S. § 28-3416).

A class D license holder may operate: 1) a single motor vehicle with a GVWR of 26,000 pounds or less; 2) a motor vehicle with a GVWR of 26,000 pounds or less that tows a vehicle with a GVWR of 10,000 pounds or less; 3) a motor vehicle with a GVWR of 26,000 pounds or less that tows a vehicle with a GVWR of more than 10,000 pounds if the combined GVWR is less than 26,000 pounds; or 4) a motorized touring vehicle (A.R.S. § 28-3101).

 

 

---------- DOCUMENT FOOTER ---------

Fifty-third Legislature                  HB 2455

Second Regular Session                               Version 5: Chaptered

 

---------- DOCUMENT FOOTER ---------