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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
motor carrier safety violations; penalties
Purpose
Modifies civil penalties for violations of motor carrier safety requirements.
Background
A motor carrier, shipper or manufacturer
that operates a commercial motor vehicle or causes a commercial motor vehicle
to be operated in violation of motor carrier safety requirements, or who
knowingly violates or fails to comply with any other applicable statute or rule
relating to motor carrier safety requirements, is guilty of a: 1) class 2
misdemeanor for a first offense; 2) class 1 misdemeanor for a second offense;
or 3) class 6 felony for any subsequent offenses (A.R.S.
§ 28-5240).
A
class 2 misdemeanor carries a maximum imprisonment sentence of four months and
a maximum fine of $750. A class 1 misdemeanor carries a maximum imprisonment
sentence of six months and a maximum fine of $2,500. A class 6 felony carries a
presumptive imprisonment sentence of one year and a maximum fine of $150,000.
For enterprises, the maximum fines for offenses are: 1) $10,000 for a class 2
misdemeanor; 2) $20,000 for a class 1 misdemeanor; and
3) $1,000,000 for a class 6 felony (A.R.S. §§ 13-702;
13-707;
13-801;
13-802;
and 13-803).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies, from a class 2 misdemeanor to a $500 civil penalty, the penalty for a first violation of motor carrier safety requirements.
2. Specifies that a second violation of motor carrier safety requirements must occur within six months of an initial violation in order to be classified as a class 1 misdemeanor.
3. Specifies that any subsequent violation must occur within one year after a preceding violation in order to be classified as a class 6 felony.
4. Makes technical changes.
5. Becomes effective on the general effective date.
House Action
TRANS 2/5/20 DP 6-3-0-0
3rd Read 2/25/20 31-29-0
Prepared by Senate Research
March 2, 2020
ZD/kja