ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: ED DP 5-2-0-0 | 3rd Read DPA 18-11-1-0

SB 1206: military veteran spouses; tuition scholarships

S/E: commercial vehicles; penalty; civil; criminal

Sponsor: Senator Gowan, LD 19

Committee on Military Affairs & Public Safety

Summary of the Strike-Everything Amendment to SB 1206

Overview

Delineates and clarifies statutory language relating to civil and criminal penalties for drivers, motor carriers, shippers and manufacturers.

History

An out-of-service order is a declaration by an authorized law enforcement officer that a commercial driver, a commercial motor vehicle or a motor carrier is out of service and not permitted to operate. Out-of-service orders are issued for various reasons including, but not limited to: 1) a driver using alcohol; 2) a driver being on duty in excess of the maximum driving period allowed; and 3) a vehicle whose mechanical condition is likely to cause breakdown or an accident (A.R.S. §§ 28-2232; 28-5241; 49 CFR § 390.5).

Provisions☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

1.   Strikes current statutory language relating to criminal penalties for drivers, motor carriers, shippers and manufacturers violating transportation law related to abandoned, seized and junk vehicles. (Sec. 1)

2.   Adds new language making drivers, motor carriers, shippers and manufacturers guilty of a criminal offence if they violate an out-of-service order. (Sec. 2)

3.   Outlines criminal penalties for violation of an out-of-service order, based on previous violations, as follows:

a)   For a first offence, a class 2 misdemeanor;

b)   For a second offence, a class 1 misdemeanor; and

c)   For a third or subsequent offences, a class 6 felony. (Sec. 2)

4.   Broadens statute relating to violations of out-of-service orders to cover, not only motor carriers, but also shippers and manufacturers. (sec. 2)

5.   Makes technical and conforming changes. (Sec. 1, 2)

 

 

 

 

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                        SB 1206

Initials NM       Page 0 Military Affairs & Public Safety

 

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