Bill Text: AZ HB2673 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Certificate of title; technical correction [Track Bill]
Status: 2012-04-03 - Governor Signed [HB2673 Detail]
Senate Engrossed House Bill
State of Arizona
House of Representatives
Second Regular Session
HOUSE BILL 2673
amending sections 28‑1104, 28‑1110 and 28‑1144, Arizona Revised Statutes; relating to vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1104, Arizona Revised Statutes, is amended to read:
28-1104. Issuance of special permits; rules
A. The application for a special permit prescribed in section 28‑1103 shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular highways for which the permit to operate is requested. If the actual vehicle and load to be moved are subsequently of a lesser dimension or weight than that described on the permit, both of the following apply:
1. The director shall not require the operator to apply for a new permit or pay an additional fee.
2. The operator shall comply with all other conditions of the permit.
B. Subject to subsection E of this section and if the special permit is issued, the director or local authority may:
1. Establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated or otherwise limit or prescribe conditions of operation of the vehicle or vehicles, when necessary to assure against undue damage to the road foundations, surfaces or structures.
2. Require an undertaking or any other security as deemed necessary to compensate for an injury to a roadway or road structure.
C. The special permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of an authority granting the permit. A person shall not violate any of the terms or conditions of the special permit.
D. The director shall adopt rules for the movement of equipment without a special permit for the purpose of repair or for local operation.
E. A permit shall not be issued pursuant to section 28‑1103 for moving a mobile home unless the applicant provides evidence of payment of all applicable ad valorem taxes or a clearance from the assessor of the county in which the mobile home is located. The clearance is valid for not more than thirty days, and the assessor shall issue the clearance if the assessor determines that all fees and ad valorem taxes applicable to the mobile home pursuant to title 42 have been paid as of the date of application. This subsection does not limit the discretion of the director or local authority to deny an application for a permit for moving a mobile home for reasons other than nonpayment of ad valorem taxes.
Sec. 2. Section 28-1110, Arizona Revised Statutes, is amended to read:
28-1110. Escort vehicle operation; training and certification; insurance; exemption
A. Except as otherwise provided in this section, any individual operating an escort vehicle that is escorting a vehicle required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state shall have completed training in and be certified by a program that meets the escort vehicle operator training and certification standards of the commercial vehicle safety alliance, including best practices in traffic control techniques on the road, or an equivalent program that meets the same objectives before entering into service as an escort vehicle operator.
B. An escort vehicle operator shall repeat training and certification requirements at least once every four years.
C. An escort vehicle operator shall:
1. Be at least eighteen years of age.
2. Have a valid driver license.
3. Have a legible and valid escort vehicle operator certificate issued in this state or in another state in the operator's immediate possession while operating an escort vehicle that is escorting a vehicle required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state.
4. Have a minimum of four hours of training in certified traffic control techniques.
D. Escort vehicle operators who are trained and certified pursuant to subsection C, paragraph 4 A of this section may perform traffic control under guidelines developed by the department of transportation, the department of public safety and the transportation industry. Escort vehicle operators who perform traffic control must have in force a minimum level of commercial liability insurance as prescribed by the director of the department of transportation and that is not less than five hundred thousand dollars.
E. An individual who operates an escort vehicle in violation of this section or rules adopted by the director relating to the operation of escort vehicles is responsible for a civil traffic violation.
F. A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked and a court shall not transmit abstracts of records of judgment for the violation to the department.
G. This section does not apply to law enforcement personnel escorting overdimensional permitted loads in the conduct of their normal duties or under contract to governmental entities.
H. A certification issued by another state authorizing a person to escort vehicles required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state satisfies the certification requirements of this section but does not authorize the person to perform traffic control except as prescribed by rules established by the department.
Sec. 3. Section 28-1144, Arizona Revised Statutes, is amended to read:
28-1144. Issuing envelope permits; restrictions; requirements
A. On approval of the application, the director may issue an envelope permit. The envelope permit for a nonspecific and nonreducible vehicle or cargo shall not authorize a vehicle or a vehicle transporting cargo on a highway to exceed two hundred fifty thousand pounds gross weight, fourteen feet in width, sixteen feet in height and one hundred twenty feet in length.
B. The director may issue an envelope permit for a vehicle hauling a houseboat within a ten mile radius of a lake that is located in this state and the state of Utah and whose tributary is the Colorado River if the vehicle or load does not exceed one hundred fifty thousand pounds gross weight, sixteen and one-half feet in width, twenty-five feet in height and one hundred twenty feet in length. A person who operates a vehicle on a highway transporting a houseboat for which an envelope permit has been issued pursuant to this subsection must notify the department as prescribed by the director each time a vehicle hauls a houseboat as authorized by the envelope permit. A person who violates the notification requirement of this subsection subjects the envelope permit to immediate revocation by the department and must apply for a special permit prescribed in section 28-1103 in order to comply with the provisions of article 18 of this chapter relating to vehicle size, weight and load. The director shall adopt rules, including establishing fees, for envelope permits for vehicles hauling houseboats pursuant to this subsection.
B. C. A vehicle for which an envelope permit is issued shall have at least four three axles. Except for excess gross weight, excess width or length authorized by the envelope permit, a vehicle and cargo shall meet the requirements of statutes, rules and ordinances governing the movement of vehicles on highways and rules of local authorities.
C. D. A person who operates a vehicle on a highway transporting cargo for which an envelope permit has been issued and is required shall have a legible envelope permit in the person's immediate possession. The envelope permit is valid only if the power unit towing or transporting the cargo is listed on the permit. The operator shall display the envelope permit on demand of a peace officer.
D. E. A photocopy or facsimile of the envelope permit is not valid.
E. F. An envelope permit shall provide for the listing of any number of power units on the permit. A permit may be duplicated and modified to include the listing of additional power units at the time of initial application or later.
F. G. The director shall not issue an envelope permit for a vehicle or vehicle combination that transports cargo commonly known as a mobile or modular home.
APPROVED BY THE GOVERNOR APRIL 3, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 3, 2012.