motor carriers;
registration; requirements
HB 2148 requires motor carriers and drivers of vehicles operating in this state and that are involved in interstate or foreign commerce to be in compliance with federal motor carrier registration rules and regulation.
Title 49, United States Code requires the United States Secretary of Transportation to register motor carriers involved in interstate commerce including motor carriers transporting passengers, property or both between a place in the United States and a place in a foreign country. In addition, the motor carrier must comply with any safety regulations and minimum financial responsibility requirements set by the Secretary of Transportation. In accordance with Title 49, United States Code, motor carriers that fail to comply with registration requirements or operate beyond the scope of their registration may be placed “out-of-service.” In addition, the U.S. Code requires that evidence of the operating authority be carried in the vehicle.
According to the Arizona Department of Public Safety (DPS), it is necessary to codify the federal provisions in state law in order to provide Arizona law enforcement officers with the authority to enforce federal registration requirements.
· This act applies to motor carriers and drivers.
· Prohibits a motor carrier from operating a vehicle in Arizona that is involved in interstate foreign commerce unless the motor carrier is in compliance with, and registered pursuant to, federal requirements.
· Specifies that motor carriers domiciled outside of the United States must carry proof of registration in the vehicle when operating in Arizona.
· Prohibits the motor carrier from operating beyond the scope of the registration issued by the federal government.
· Allows law enforcement officer to impound the vehicle if the officer finds the person is in violation of registration requirements and specifies the vehicle owner is liable for fees resulting from the impoundment
Allows a law enforcement officer certified in enforcement of Motor Carrier Safety rules and regulations, by the department of Public Safety, to issue an “out-of-service order” until the vehicle’s cargo is removed or until the officer receives proof the vehicle is appropriately registered.