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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
ADOT; proportional registration; temporary registration
Purpose
Allows the Arizona Department of Transportation (ADOT) to refuse to issue, suspend or revoke a registration, license plate or permit for a commercial vehicle if the commercial motor carrier is prohibited from operating, or allowed the operation of a vehicle with an out-of-service order.
Background
Trucks, tractors and other commercial vehicles that conduct interstate business are required to obtain registration under the International Registration Plan in order to operate outside of a carrier's base jurisdiction. Once registered, a carrier is required to pay registration fees that are calculated according to each jurisdiction's specific registration schedules. Fees for Arizona-based vehicles are based on factory list price, model year and declared gross vehicle weight. Other fees for credentialing and temporary international registration also apply. A vehicle is required to be registered when it has two axles and a gross weight in excess of 26,000 pounds, has three or more axles regardless of weight, or is used in combination and gross weight exceeds 26,000 pounds.
The Federal Motor Carrier Safety Administration (FMCSA) is a government agency within the U.S. Department of Transportation that is tasked with regulating and providing safety oversight of commercial motor vehicles. The FMCSA provides financial assistance to states with Motor Carrier Safety Assistance Program (MCSAP) grant monies for the purpose of reducing the number and severity of crashes and hazardous materials incidents involving commercial motor vehicles. Beginning October 1, 2020, states will be required to reach full participation in the Performance and Registration Information Systems Management (PRISM) program in order to be eligible to receive MCSAP grants.
The PRISM program provides States with means to identify and immobilize motor carriers with serious safety deficiencies and create accountability through registration and law enforcement sanctions. Carriers with safety deficiencies that would result in an accident or breakdown are marked "out-of-service." Vehicles marked as out-of-service are not permitted to be operated by any person until all necessary repairs have been completed.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows ADOT to suspend or revoke a registration, license plate or permit for commercial vehicles assigned to a carrier and licensed for international registration purposes if either of the following apply:
a) the FMCSA has prohibited the motor carrier from operating; or
b) the carrier knowingly allowed or required the operation of a vehicle in violation of a federal out-of-service order.
2. Allows ADOT to refuse to issue a registration, license plate or permit for commercial vehicles assigned to a carrier and licensed for international registration purposes if the FMCSA has prohibited the carrier from operating.
3. Allows ADOT to reissue a registration, license plate or permit if FMCSA has allowed the commercial vehicle to resume operating.
4. Allows ADOT to sell temporary registrations and temporary proportional registrations for vehicles that have a federal out-of-service order from a previous owner on ADOT's record.
5. Prescribes the same meaning to out-of-service order as is provided in (49 C.F.R. § 390.5).
6. Makes technical changes.
7. Becomes effective on October 1, 2020.
Prepared by Senate Research
February 4, 2019
ZD/gs