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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
House: TI DPA 11-0-0-0 | 3rd Read 6-0-1-0
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HB 2438: ADOT; administration; licensing; planning
Sponsor: Representative Cook, LD 7
Senate 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 (Director) 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.
States that to meet the needs of
the public the
Director 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)
Senate Amendments
1. Continues ADOT for eight years, retroactive to July 1, 2024.
2. Prescribes primary duties for a peace officer who is designated by ADOT.
3. Prohibits the peace officer form enforcing a violation by the operator of a noncommercial motor vehicle unless the peace officer determines that a failure to enforce the violation could result in a substantial risk of imminent death or serious physical injury.
4. Allows a mobile port of entry to only be operated within 25 road miles of a fixed port of entry in this state, unless state or municipal law enforcement agencies request assistance for commercial motor vehicle enforcement to streamline operations or combine enforcement resources for compliance, education or training or to ensure safe, secure and efficient commercial transportation across this state.
5. Permits ADOT to issue a commercial vehicle fleet license plate in a manner determined by ADOT to a person that pays a fee as prescribed.
6. Allows a fleet with more than 100 commercial vehicles to apply for a commercial vehicle fleet license plate with the fleet's approved logo in a standard location on the license plate, as designed by the fleet and approved by ADOT.
7. Permits ADOT to charge the fleet with more than 100 commercial vehicles a fee in an amount to be determined by the Director for the initial design and administration of the plate in addition to the registration fee and allows ADOT to establish design guidelines to help streamline the approval process and minimize the costs.
8. Allows a fleet with more than 25 commercial vehicles to apply for a commercial vehicle fleet license plate with the fleet's name placed on the bottom of the license plate as designed by the fleet and approved by ADOT.
9. Permits ADOT to charge the fleet with more than 25 commercial vehicles a fee in an amount to be determined by the Director for the initial design and administration of the plate in addition to the registration fee and allows ADOT to establish design guidelines to help streamline the approval process and minimize costs.
10. Establishes the Commercial Vehicle Fleet License Plate Fund (Fund), consisting of monies collected and administered by the Director.
11. Requires the Director to use the monies for the implementation of commercial vehicle fleet license plates.
12. Stipulates that monies deposited in the Fund are continuously appropriated and are exempt from lapsing.
13. Strikes language that:
a) removed the requirement for the Director to send a notice before revoking an IFTA license 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; and
b) allowed a person disputing ADOT's decision to revoke an IFTA license to request a hearing with ADOT.
14. Removes the change that required the Five-Year Plan to list projects by route instead of by priority.
15. Repeals ADOT on January 1, 2033.
16. Adds a legislative purpose statement.
17. Makes conforming and technical changes.
18.
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21. HB 2438
22. Initials JB Page 0 Senate Engrossed
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