Title 28 — Transportation
29 chapters · 1,674 sections in this title.
A.R.S. § 28-5201 Definitions
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In this chapter, unless the context otherwise requires: 1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise on a highway in this…
A.R.S. § 28-5202 Applicability
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A. Except as otherwise provided, this chapter applies to all commercial motor vehicles, commercial motor vehicle combinations and manufacturers, shippers, motor carriers and drivers who operate, cause the operation of, ship materials using or transport persons or property using c…
A.R.S. § 28-5203 Motor carrier safety revolving fund
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A. A motor carrier safety revolving fund is established consisting of monies appropriated to the fund by the legislature, monies deposited pursuant to this chapter and monies received from private grants or donations if so designated by the grantor or donor. B. Monies in the fund…
A.R.S. § 28-5204 Administration and enforcement; rules
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A. In the administration and enforcement of this chapter, the department of transportation shall adopt: 1. Reasonable rules it deems proper governing the safety operations of motor carriers, including rules governing safety operations of motor carriers, shippers and vehicles tran…
A.R.S. § 28-5231 Records requirements; inspection
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A. For the purpose of enforcement of this chapter, a manufacturer, shipper and motor carrier shall maintain and keep within this state books, records and other data as required by the department. The manufacturer, shipper or motor carrier shall not destroy the books, records and …
A.R.S. § 28-5232 Danger to public safety; suspension of registration or license; civil penalty; hearing; reinstatement
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A. If after reviewing a report submitted by a law enforcement agency authorized to enforce this chapter the director determines that probable cause exists to believe that the continued operation by a manufacturer, shipper or motor carrier or the continued operation of a motor veh…
A.R.S. § 28-5234 Exemption from rules on drivers' qualification and hours of service; definitions
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A. If the department adopts 49 Code of Federal Regulations parts 390 through 397 as a rule, a telecommunications corporation engaged in rendering public utility service or a railroad and its employees whose work necessarily involves the operation of a motor vehicle weighing more …
A.R.S. § 28-5235 Notification; denial of vehicle registration and operating privileges; audits
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A. A person who owns or leases a vehicle transporting hazardous materials, hazardous substances or hazardous wastes shall notify the director of all vehicles transporting the materials, substances or wastes in a manner prescribed by the director. Each notification shall contain t…
A.R.S. § 28-5236 Violations; inspection; material containment
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A. A person shall not operate a vehicle that transports hazardous materials, hazardous substances or hazardous wastes on a highway in this state unless the vehicle has been properly inspected pursuant to 49 Code of Federal Regulations. B. A person shall not transport or cause the…
A.R.S. § 28-5237 Noncompliance; hearing; suspension of registration or license; civil penalty
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A. The director may conduct a hearing if a law enforcement agency authorized to enforce this chapter alleges that probable cause exists that a manufacturer, shipper, motor carrier or driver refuses to comply with section 28-5231 or has failed to comply with this chapter or a rule…
A.R.S. § 28-5238 Civil penalty schedule; suspension of registration or license; reinstatement; enforcement
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A. If the director imposes a civil penalty on the manufacturer, motor carrier, shipper or driver, the civil penalty is determined pursuant to the following schedule: 1. A minimum civil penalty of one thousand dollars but not more than five thousand dollars, or if the director det…
A.R.S. § 28-5239 Judicial review
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Decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6. The court shall consider only evidence that was presented at the original hearing.
A.R.S. § 28-5240 Civil traffic violation; civil penalty
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A. An equipment violation of this chapter or any rule adopted pursuant to this chapter is a civil traffic violation. B. The driver of a commercial motor vehicle who violates or fails to comply with this chapter or any rule adopted pursuant to this chapter is responsible for a civ…
A.R.S. § 28-5241 Out-of-service orders; violation; classification; civil penalty; attorney general enforcement; definition
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A. A driver, motor carrier, shipper or manufacturer that violates an out-of-service order is guilty of: 1. A class 2 misdemeanor for a first offense. 2. A class 1 misdemeanor for a second offense. 3. A class 6 felony for any subsequent offense. B. The attorney general may enforce…
A.R.S. § 28-5242 Registration requirements; interstate or foreign commerce; enforcement; civil penalty; violation; classification
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A. A motor carrier shall 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 unless the motor carrier is registered pursuant to 49 United States Cod…
A.R.S. § 28-5243 Railroad crossing violations; civil penalty
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A. A motor carrier shall not knowingly require, authorize or permit a driver to violate any federal, state or local railroad crossing law, ordinance or regulation. B. The court shall impose a civil penalty of not more than ten thousand dollars on a motor carrier who violates this…
A.R.S. § 28-5244 Motor carriers; civil penalty; definition
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A. Notwithstanding any other law, a foreign motor carrier or foreign private motor carrier that is required to have a certificate of registration issued by the United States secretary of the department of transportation pursuant to 49 Code of Federal Regulations sections 368.1 th…