ARIZONA STATE SENATE

ZACK DEAN

LEGISLATIVE RESEARCH ANALYST

TRANSPORTATION & PUBLIC SAFETY COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

TRANSPORTATION & PUBLIC SAFETY COMMITTEE

DATE:            March 9, 2020

SUBJECT:      Strike everything amendment to H.B. 2282, relating to penalties; motor carrier safety violations

Purpose

            Classifies a violation of motor carrier safety requirements by the driver of a commercial motor vehicle as a civil traffic violation subject to civil penalty of up to $500.

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; and 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 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).

            Current statute classifies an equipment violation of applicable motor carrier safety requirements as a civil traffic violation, unless the violation requires issuance of an out-of-service order (A.R.S. § 28-5245).

            A driver of a commercial motor vehicle that fails to comply with an out-of-service order is subject to a civil penalty of at least $2,500 for an initial violation and $5,000 for a subsequent violation. A motor carrier who violates an out-of-service order or who requires or permits a driver to violate an out-of-service order is subject to a civil penalty of at least $2,750 but no more than $25,000 (A.R.S. § 28- 5241).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Classifies a violation of motor carrier safety requirements by the driver of a commercial motor vehicle as a civil traffic violation subject to a civil penalty of up to $500, unless the violation requires the issuance of an out-of-service order.

2. Makes technical and conforming changes.

3. Becomes effective on the general effective date.