ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: PS DP 6-0-1-0 | 3rd Read 28-0-2-0

House: TI DPA/SE 6-0-0-1

SB 1370: ~~commercial motor vehicles; civil penalties~~

S/E: civil penalties; commercial motor vehicles

Sponsor: Senator Payne, LD 27

Caucus & COW

Summary of the Strike-Everything Amendment to SB 1370

Overview

Permits a driver of a vehicle with a total length of 40 feet or width of 10 feet or more, when making a right or left turn, to deviate from the lane into which the driver is making the turn that avoids contact with another person or vehicle. Reduces penalties for violations on registration and weighing requirements to civil penalties instead of misdemeanors.

History

The driver of a vehicle intending to turn must do so as follows:

1) for a right turn, both the approach for a right turn and a right turn must be made as close as practicable to the right-hand curb or edge of the roadway; or

2) for a left turn, the driver of a vehicle intending to turn left must approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. If practicable the driver must make the left turn from the left of the center of the intersection and must make the turn to the left lane immediately available for the driver's direction of traffic (A.R.S. § 28-751).

A driver of a vehicle is guilty of a class 3 misdemeanor who either knowingly fails or refuses to stop and submit the vehicle and load to a weighing, or knowingly fails or refuses when directed by an officer on a weighing of the vehicle to stop the vehicle and otherwise comply with regulation (A.R.S. § 28-1102).

A person who operates, moves or leaves standing on a highway a vehicle or a vehicle carrying or transporting cargo in violation of an envelope permit is guilty of a class 1 misdemeanor (A.R.S. § 28-1151).

A motor carrier must not operate in this state a motor vehicle involved in interstate or foreign commerce or require or allow a driver to operate a motor vehicle involved in interstate or foreign commerce beyond the scope of the motor carrier's registration. A person in violation is guilty of a class 2 misdemeanor (A.R.S. § 28-5242).

Provisions

1. Allows the driver of a vehicle or combination of vehicles with a total length of at least 40 feet or a total width of at least 10 feet, to the extent necessary, to deviate from the lane into which the driver is making a right or left turn that avoids contact with another person or vehicle. (Sec. 2)

2. Subjects a driver, who knowingly fails or refuses to stop and submit the vehicle and load to a weighing or knowingly fails or refuses when directed by an officer on a weighing of the vehicle to stop the vehicle, to a civil penalty of $250, rather than being guilty of a class 3 misdemeanor. (Sec. 4)

3. Lowers the penalty for a person operating, moving or leaving standing on a highway a vehicle or a vehicle carrying or transporting cargo in violation of an envelope permit by subjecting the person to a civil penalty of $750, rather than being guilty of a class 1 misdemeanor. (Sec. 5)

4. Asserts a motor carrier involved in interstate or foreign commerce that violates registration requirements is subject to a civil penalty of $500, rather than being guilty of a class 2 misdemeanor. (Sec. 10)

5. Expands the definition of commercial motor vehicle. (Sec. 6, 7)

6. Defines pertinent terms. (Sec. 1, 6, 7, 9)

7. Makes technical and conforming changes. (Sec. 1, 3, 4, 6-9)

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11. SB 1370

12. Initials LM Page 0 Caucus & COW

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