ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: TI DPA 11-0-0-0

HB 2438: ADOT; administration; licensing; planning

Sponsor: Representative Cook, LD 7

House Engrossed

Overview

Revises transportation statutes relating to the Arizona Department of Transportation (ADOT), traffic case records, driver's licenses, commercial driver's licenses, vehicle registration, Five Year Transportation Facilities Construction Program (Five-Year Plan) and Vehicle License Tax (VLT). Requires ADOT to search the Federal Motor Carrier Safety Administration's Drug and Alcohol Clearinghouse before issuing, upgrading, renewing or transferring a commercial driver's license or a commercial learner's permit.

History

Laws 1973, Chapter 146 established ADOT to provide for an integrated and balanced state transportation system with a director responsible for the Department's administration (A.R.S. § 28-331). ADOT has exclusive control and jurisdiction over state highways, state routes, state-owned airports and all state-owned transportation systems or modes.

The duties of ADOT are as follows: 1) register motor vehicles and aircraft, license drivers, collect revenues, enforce motor vehicle and aviation statutes and perform related functions; 2) do multimodal state transportation planning, cooperate and coordinate transportation planning with local governments and establish an annually updated priority program of capital improvements for all transportation modes; 3) design and construct transportation facilities in accordance with a priority plan and maintain and operate state highways, state-owned airports and state public transportation systems; 4) investigate new transportation systems and cooperate with and advise local governments concerning the development and operation of public transit systems; 5) have administrative jurisdiction of transportation safety programs and implement them following applicable law; and 6) operate a state motor vehicle fleet for all motor vehicles that are owned, leased or rented by this state (A.R.S. § 28-332).

Provisions

Traffic Case Records

1.   Changes the deadline for when a judge, referee, hearing officer, probation officer or other person responsible for the disposition of cases involving traffic offenses or civil violations committed by someone under 18 years old must report the offense or civil violation to ADOT to not more than 30 days after the date of conviction or finding of responsibility, rather than 30 days after the date the violation was committed. (Sec. 3)

2.   Prohibits ADOT from taking administrative action against a person's driving privilege or a vehicle's registration if a judicial officer reports a conviction or finding of responsibility to ADOT more than five years after the date of conviction or finding of responsibility. (Sec. 3)

FMCSA Clearinghouse

3.   Requires ADOT to search the Federal Motor Carrier Safety Administration's Drug and Alcohol Clearinghouse (FMCSA Clearinghouse) before ADOT issues, upgrades, renews or transfers a commercial driver's license (CDL) or a commercial learner's permit (CLP). (Sec. 6)

4.   States after notification from the FMCSA Clearinghouse that a driver is prohibited from operating a commercial motor vehicle due to a violation of the controlled substances and alcohol use and testing prohibitions, ADOT is required to:

a)   deny issuing, upgrading, renewing or transferring a CDL or CLP; and

b)   initiate downgrade procedures for CDL and CLP holders by removing the commercial privilege from the CDL or CLP. The downgrade must be effective within 60 days after ADOT receives notification of the driver's prohibited status. (Sec. 6)

5.   Directs ADOT to allow the issuing, upgrading, renewing, transferring or reinstating of a CDL or CLP on notification from the FMCSA Clearinghouse that a driver is no longer restricted from operating a commercial motor vehicle. (Sec. 6)

6.   Declares that if the FMCSA notifies ADOT that a driver was incorrectly placed in a prohibited status, ADOT must expunge the driver record of any reference to and actions taken on the driver record due to the erroneous notification and allow for the reinstatement of the commercial privilege for a CDL or CLP. (Sec. 6)

International Fuel Tax Agreement License

7.   Removes the requirement for the Director of ADOT to send a notice before revoking an International Fuel Tax Agreement (IFTA) license for failing to comply with interstate user fuel tax requirements by certified mail ordering the licensee to appear in the office of the Director on a specified date to show why their license should not be revoked. (Sec. 8)

8.   Allows a person who disputes ADOT's decision to revoke an IFTA license to request a hearing with ADOT. (Sec. 8)

Five-Year Plan

9.   Changes the date the State Transportation Board (Board) must review the updated Five-Year Plan to on or before April 1 of each year rather than the second Monday of April each year. (Sec. 10)

10.  Moves the date the Board must give notice in a newspaper of a public hearing to consider the projects planned under the Five-Year Plan to on or before May 1 of each year, rather than the first Monday of May each year. (Sec. 10)

11.  Modifies the notice requirements for the public hearing. (Sec. 10)

12.  Requires the Five-Year Plan to list projects by route instead of by priority. (Sec. 11)

Miscellaneous

13.  Removes the Arizona State Schools for the Deaf and the Blind from the list of agencies that are exempt from participation in the State Motor Vehicle Fleet. (Sec. 2)

14.  Specifies that VLT, vehicle registration fees and transfer fees for trailers, semitrailers or noncommercial trailers consider the declared gross weight of a vehicle. (Sec. 4, 9)

15.  Repeals the requirement for a registering officer to provide a taxpayer paying a VLT the amount the taxpayer would have paid if their motor vehicle was powered by alternative fuel.  (Sec. 9)

16.  Strikes language that allowed a use fuel vendor to apply for a use fuel tax refund more than once a month if the requested refund amount was at least $750. (Sec. 7)

17.  Clarifies that a driver's license is valid for up to five years if initially issued to an applicant who is 60 years old or older. (Sec. 5)

18.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStates that to meet the needs of the public the Director of ADOT may establish hours of operation for Motor Vehicle Division offices on legal holidays. (Sec. 1)

19.  Specifies that a balloon aircraft is not required to be registered before commencing in intrastate commercial operations. (Sec. 12)

20.  Modifies a reference to the Code of Federal Regulations. (Sec. 13)

21.  Defines terms. (Sec. 4, 9)

22.  Makes technical and conforming changes. (Sec. 2, 4, 5, 7, 9)

 

 

 

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                  HB 2438

Initials JB            Page 0 House Engrossed

 

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