House of Representatives

HB 2370

motor carriers; tow truck exceptions

Sponsors: Representatives Cooley, Pearce, Anderson, et al

X	Committee on Transportation
	Caucus and COW
	As Passed the House

House Bill 2370 exempts intrastate tow truck operators from the motor carrier safety rules established by the Arizona Department of Transportation (ADOT) adopted by ADOT after February 1, 2000.

The proposed strike-everything amendment to House Bill 2370 establishes a new section of law authorizing the operator of a motor vehicle or any other licensed driver at request of the vehicle’s operator, or the Arizona Department of Transportation (ADOT) to remove vehicles involved in traffic accidents or are otherwise incapacitated from controlled access highways (freeways) or other highways if the vehicle can be safely moved and death or serious physical injury is not apparent. In addition, HB 2370 reduces the civil penalty from $350 to $200 for a high occupancy vehicle (HOV) lane violation.

Provisions

· Requires a driver, or other licensed occupant of the vehicle, involved in an accident on a controlled access highway or other highway divided into two or more lanes to remove the vehicle from the roadway if death or serious physical injury is not apparent, and the operation and movement of the vehicle can be done safely.

· Permits another licensed driver at the request of the vehicle’s operator to remove the vehicle from the roadway.

· Exempts the driver or any other person who removes the vehicle from the roadway in accordance with the law from liability or fault regarding the cause of the accident solely for removing the vehicle.

· Specifies that driver’s involved in accidents are not exempt from stopping and providing required information or filing written reports required by local law enforcement agencies.

· Provides that a police officer is not relieved of the duty to file a written accident report.

· Grants ADOT the authority to require removal and assist in removing incapacitated vehicles including those that have been involved in a traffic accident provided death or serious physical injury is not apparent, and the operation and removal of the vehicle can be done safely.

· Prohibits ADOT from requiring removal or assisting in the removal of a vehicle if death or serious physical injury is apparent until a police officer has completed the initial accident investigation.

· Reduces the civil penalty from $350 to $200 for operating a vehicle in the high occupancy vehicle (HOV) lane during the period that the use of the lane is restricted to vehicles caring two or more persons or other specified vehicles.

· Eliminates the law enforcement alternative fuel vehicle fund.

· Removes provisions requiring deposit of civil penalties for HOV lane violations into the law enforcement alternative fuel vehicle fund and the clean air fund.

· Prohibits a person from attending defensive driving school if the person is issued a citation for an HOV lane violation.

· Allows a tow truck operator to drive in the high occupancy vehicle lanes during the performance of the tow truck operator’s duties without penalty.

· Makes technical and conforming changes.

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· 45th Legislature

· First Regular Session 2 February 16, 2001

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