Second Regular Session H.B. 2282
COMMITTEE ON TRANSPORTATION AND PUBLIC SAFETY
SENATE AMENDMENTS TO H.B. 2282
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 28-5240, Arizona Revised Statutes, is amended to read:
28-5240. Civil penalty; violation; classification; attorney general enforcement
A. An equipment violation of this chapter or any rule adopted pursuant to this chapter is a civil traffic violation unless the violation requires issuance of an out‑of‑service order pursuant to section 28‑5241.
B. The driver of a commercial motor vehicle who violates or fails to comply with this chapter or any rule adopted pursuant to this chapter is RESPONSIBLE for a civil TRAFFIC VIOLATION AND is subject to a civil penalty of up to $500, unless the violation requires issuance of an out‑of‑service order pursuant to section 28‑5241.
A. C. In addition to civil penalties imposed under this chapter and except as provided in subsections A and B of this section, a motor carrier, shipper or manufacturer who that operates or causes to be operated a commercial motor vehicle in violation of this chapter or who that knowingly violates or knowingly fails to comply with any provision of this chapter or with any rule adopted pursuant to this chapter is guilty of:
1. A class 2 misdemeanor for a first offense.
2. A class 1 misdemeanor for a second offense.
3. A class 6 felony for any subsequent offense.
B. D. The attorney general may enforce subsection C of this section.
Sec. 2. Section 28-5241, Arizona Revised Statutes, is amended to read:
28-5241. Out‑of‑service orders; violation; civil penalty; definition
A. A motor carrier shall not require or permit allow a driver:
1. To operate a commercial motor vehicle that is subject to an out‑of‑service order until all repairs required by the out‑of‑service order have been satisfactorily completed.
2. Who is subject to an out‑of‑service order to operate a commercial motor vehicle until the reason for the out‑of‑service order has been remedied.
B. A driver:
1. Shall not operate a commercial motor vehicle that is subject to an out‑of‑service order until all repairs required by the out‑of‑service order have been satisfactorily completed.
2. Who is subject to an out‑of‑service order shall not operate a commercial motor vehicle until the reason for the out‑of‑service order has been remedied.
C. Notwithstanding section 28‑5240, subsection C, a violation of this section is a civil traffic violation.
D. The court shall impose:
1. On a driver who violates or fails to comply with an out‑of‑service order a civil penalty of:
(a) At least two thousand five hundred dollars $2,500 for an initial violation or failure.
(b) Five thousand dollars $5,000 for a subsequent violation or failure.
2. A civil penalty of at least two thousand seven hundred fifty dollars $2,750 and not more than twenty-five thousand dollars $25,000 on a motor carrier who that violates an out‑of‑service order or who that requires or permits allows a driver to violate or fail to comply with an out‑of‑service order.
E. In addition to other penalties prescribed by this chapter, if a motor carrier or driver is found responsible for a violation of this section, the motor carrier or driver is subject to disqualification pursuant to section 28‑3312.
F. For the purposes of this section, "out‑of‑service order" means a declaration by a specialty officer of the department or a law enforcement officer authorized pursuant to section 28‑5204 that a driver, motor vehicle or motor carrier is out of service pursuant to this chapter.
Sec. 3. Repeal
Section 28-5245, Arizona Revised Statutes, is repealed."
Amend title to conform