Bill Text: AZ SB1203 | 2018 | Fifty-third Legislature 2nd Regular | Chaptered
Bill Title: Vehicle towing
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2018-04-05 - Chapter 147 [SB1203 Detail]
Download: Arizona-2018-SB1203-Chaptered.html
|
House Engrossed Senate Bill |
|
State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
|
|
CHAPTER 147
|
|
SENATE BILL 1203 |
|
|
AN ACT
amending section 28‑1095, Arizona Revised Statutes; amending title 28, chapter 3, article 18, Arizona Revised Statutes, by adding section 28‑1108; amending sections 28‑2153 and 41‑1830.51, Arizona Revised Statutes; relating to vehicle towing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1095, Arizona Revised Statutes, is amended to read:
28-1095. Vehicle length; exceptions; permits; rules; definitions
A. A vehicle, including any load on the vehicle, shall not exceed a length of forty feet extreme overall dimension, including front and rear bumpers. This subsection does not apply to any of the following:
1. A semitrailer when used in combination with a truck or a truck tractor.
2. A truck that is equipped with a conveyor bed, that is used solely as a fiber and forage module mover and that does not exceed forty‑eight feet in length.
3. An articulated bus or articulated trolley coach that does not exceed a length of sixty feet.
4. A bus that is not articulated and that does not exceed a length of forty‑five feet.
5. A recreational vehicle, a power unit, a farm vehicle, a horse trailer or wheeled equipment as defined in section 28‑2153 if used in combination with two units and if the combination does not exceed sixty‑five feet in length.
6. A recreational vehicle as defined in section 41‑4001, paragraph 30, subdivision (b) that does not exceed a length of forty‑five feet.
B. A vehicle transporter may draw only one semitrailer. A combination of vehicles, excluding a vehicle transporter and the semitrailer it draws, that is coupled together shall not consist of more than two units, except that a truck or a truck tractor and semitrailer may draw either one trailer or a forklift.
C. The following restrictions apply:
1. The length of a semitrailer operating in a truck tractor‑semitrailer combination or a truck tractor‑semitrailer‑forklift combination shall not exceed fifty‑seven feet six inches.
2. The length of a semitrailer or trailer operating in a truck tractor‑semitrailer‑trailer combination shall not exceed twenty‑eight feet six inches.
3. The length of a trailer operating in a truck‑trailer combination shall not exceed twenty‑eight feet six inches.
4. If the length of a semitrailer is more than fifty‑three feet, the overall length of a truck tractor‑semitrailer combination shall not exceed sixty‑five feet on all highways, except for the national intercity truck route network designated by the United States secretary of transportation as required by the surface transportation assistance act of 1982 or on a system of highways that is designated by a local authority. In designating the streets, the local authority shall consider any reasonable restriction including such safety restrictions as structural hazards and street width and any other safety factors identified by the local authority as a hazard to the motoring public.
5. A vehicle transporter and the semitrailer it draws shall not exceed a length of eighty feet with a front overhang of not more than four feet and a rear overhang of not more than six feet.
6. A truck‑semitrailer combination shall not exceed an overall length of sixty‑five feet.
D. Subsection B and subsection C, paragraphs 1 through 6 of this section do not apply to damaged, disabled or abandoned vehicles or combinations of vehicles while being towed by a tow truck in compliance with section 41‑1830.51 28‑1108.
E. Notwithstanding subsections B and C of this section, extensions of not more than three feet beyond the foremost part and six feet beyond the rear bed or body of a vehicle or combination of vehicles used to transport manufactured vehicles or fiber and forage shall not be included in measuring the length of the vehicle or combination of vehicles when loaded.
F. Pursuant to a permit issued pursuant to section 28‑1103, a truck or a truck tractor‑semitrailer may draw not more than two additional trailers or semitrailers. The department shall adopt rules governing the movement and safety of a combination of vehicles under this subsection and authorizing the issuance in advance of prepaid permits. The rules shall include the adoption of minimum speeds on grades, lighting, signing, identification and braking requirements and any other rules the department deems necessary. The permit issued pursuant to this subsection is limited to the following highways:
1. An interstate highway that connects with two states if both states allow such combinations of trailers or semitrailers and if the interstate highway does not exceed forty miles between the connecting states.
2. A state route or highway that is located within four miles of and extends to the border of this state and an adjacent state that allows such combinations of trailers or semitrailers.
3. A state route or highway that extends at least ten miles through an Indian reservation, that does not cross the Colorado river and that is located within twenty miles of and extends to the border of this state and an adjacent state that allows such combinations of trailers or semitrailers.
G. Notwithstanding subsections B and C of this section:
1. A motor vehicle may draw one single axle tow dolly on which a motor vehicle may be transported. A person shall secure the raised end of any motor vehicle being transported pursuant to this paragraph to the tow dolly by two separate chains, cables or equivalent devices adequate to prevent shifting or separation of the drawn vehicle and the tow dolly. For the purposes of this paragraph, "single axle tow dolly" means a vehicle drawn by a motor vehicle and designed and used exclusively to transport another motor vehicle by which the front or rear wheels of the drawn motor vehicle are mounted on the tow dolly while the other wheels of the drawn motor vehicle remain in contact with the ground.
2. A truck or a truck tractor may draw a trailer or semitrailer that does not exceed a length of fifty‑seven feet only on an interstate highway or on a highway that is within ten miles of an interstate highway if the trailer or semitrailer is manufactured in this state and is traveling with or without a load from its place of manufacture to be delivered for use outside this state.
3. A recreational vehicle may pull two units if all of the following conditions are met:
(a) The middle unit is equipped with a fifth wheel and brakes. The middle unit may be a farm vehicle or a horse trailer and shall have a weight equal to or greater than the rear unit.
(b) If the rear unit has a gross weight of three thousand pounds or more, it is equipped with brakes.
(c) The total combined gross weight of the towed units does not exceed the manufacturer's stated gross vehicle weight of the towing unit.
4. A vehicle transporter may transport cargo or general freight on a backhaul in compliance with section 28‑1100.
H. For the purposes of this section:
1. "Backhaul" means the return trip of a vehicle transporter carrying cargo or general freight over all or part of the same route.
2. "Farm vehicle" has the same meaning prescribed in section 28‑2514.
3. "Recreational vehicle" means a motor vehicle that is designed and customarily used for private pleasure, including vehicles commonly called motor homes, pickup trucks with campers and pickup trucks with a fifth wheel trailing device.
Sec. 2. Title 28, chapter 3, article 18, Arizona Revised Statutes, is amended by adding section 28-1108, to read:
28-1108. Vehicle towing; definition
A. If a vehicle is towing another vehicle, the drawbar or other connection shall be of sufficient strength to pull all weight towed by the vehicle, and the drawbar or other connection may not exceed fifteen feet from one vehicle to the other, except the connection between any two vehicles transporting poles, pipe, machinery or other objects of a structural nature that cannot readily be dismembered.
B. If a vehicle is towing another vehicle and the connection consists of a chain, rope or cable, a white flag or cloth at least twelve inches square shall be displayed on the connection.
C. A person may not operate a tow truck for the purpose of towing vehicles without first registering with the department of public safety and obtaining a permit pursuant to the rules that govern tow trucks and that are adopted by the department of public safety.
D. The total weight of a tow truck and the towed vehicle is exempt from the maximum total gross weight load allowed under section 28‑1100 if a damaged, disabled or abandoned vehicle or vehicle combination is towed.
E. For the purposes of this section, "drawbar" means a rigid structure that connects a trailer and a towing vehicle and that articulates at the point of connection with the trailer and articulates at the point of connection with the towing vehicle.
Sec. 3. Section 28-2153, Arizona Revised Statutes, is amended to read:
28-2153. Registration requirement; exceptions; assessment; violation; classification
A. A person shall not operate, move or leave standing on a highway a motor vehicle, trailer or semitrailer unless the motor vehicle, trailer or semitrailer has been registered with the department for the current registration year or is properly registered for the current registration year by the state or country of which the owner or lessee is a resident.
B. A resident shall not operate, move or leave standing on a highway a motor vehicle, trailer or semitrailer that is:
1. Owned by a nonresident and that is primarily under the control of a resident of this state for more than seven months unless the motor vehicle, trailer or semitrailer has been registered with the department for the current registration year.
2. Leased by the resident for more than twenty‑nine days unless the motor vehicle, trailer or semitrailer has been registered with the department for the current registration year.
C. This section applies to a trailer or semitrailer without motive power unless the vehicle is disabled or is being towed as an abandoned vehicle at the direction of a law enforcement agency.
D. This section does not apply to:
1. A farm tractor.
2. A trailer used solely in the operation of a farm for transporting the unprocessed fiber or forage products of a farm or any implement of husbandry designed primarily for or used in agricultural operations and only incidentally operated or moved on a highway.
3. A road roller or road machinery, including a power sweeper, that is temporarily operating or moved on the highway.
4. An owner permitted to operate a vehicle under special provisions relating to lienholders, manufacturers, dealers and nonresidents.
5. Motorized or nonmotorized equipment designed primarily for and used in mining operations and only incidentally operated or moved on a highway.
6. A motor vehicle that is being towed by a tow truck that has been registered and for which a permit has been obtained pursuant to section 41‑1830.51 28‑1108.
7. A golf cart used in the operation of a golf course or only incidentally operated or moved on a highway.
8. Wheeled equipment. For the purposes of this paragraph, "wheeled equipment" means:
(a) A compressor.
(b) A forklift or a hay squeeze machine that is designed to load hay in an off‑road situation.
(c) A portable cement mixer.
(d) A single axle tow dolly as defined in section 28‑1095.
(e) A tar pot.
(f) A water trailer used for watering livestock or for agricultural or domestic purposes.
(g) A welder.
(h) Any other similar item designed and used primarily for construction or building trade purposes.
9. An all‑terrain vehicle or an off‑road recreational motor vehicle operating on a dirt road that is located in an unincorporated area of this state. For the purposes of this paragraph, "dirt road" means an unpaved or ungraveled road that is not maintained by this state or a city, town or county of this state.
10. A person operating an off‑highway vehicle who is participating in an off‑highway vehicle special event as defined in section 28‑1171.
11. An all-terrain vehicle or an off-highway vehicle as defined in section 28‑1171 that is only incidentally operated or moved on a highway.
E. A person who owns or operates a trailer that is exempt from registration pursuant to subsection D, paragraph 2 of this section shall notify the county assessor of the exemption, and the assessor shall assess the trailer.
F. A person who violates this subsection E of this section is guilty of a class 2 misdemeanor.
Sec. 4. Section 41-1830.51, Arizona Revised Statutes, is amended to read:
41-1830.51. Vehicle towing; rules; contractual agreement for towing services; definition
A. If a vehicle is towing another vehicle, the drawbar or other connection shall be of sufficient strength to pull all weight towed by the vehicle and the drawbar or other connection shall not exceed fifteen feet from one vehicle to the other, except the connection between any two vehicles transporting poles, pipe, machinery or other objects of a structural nature that cannot readily be dismembered. For the purposes of this subsection, "drawbar" means a rigid structure that connects a trailer and a towing vehicle and that articulates at the point of connection with the trailer and articulates at the point of connection with the towing vehicle.
B. If a vehicle is towing another vehicle and the connection consists of a chain, rope or cable, a white flag or cloth at least twelve inches square shall be displayed on the connection.
C. A. The director shall:
1. Adopt and enforce rules that are not inconsistent with this article to govern the design and operation of all tow trucks.
2. Adopt guidelines to protect consumers against being overcharged for towing services. The guidelines shall specify that a larger class of tow vehicle used for lighter tows must be billed at the lighter duty towing service rates.
D. A person may not operate a tow truck for the purpose of towing vehicles without first registering with the director and obtaining a permit pursuant to the rules that govern tow trucks and that are adopted by the department.
E. B. The director or a county, city or town may enter into a contractual agreement with a towing firm or firms for towing or storage services, or both. At the time of application for a contractual agreement, a towing firm must disclose in writing the owners of the towing firm and, if the owners own other towing firms that are also applying for the same contractual agreement, the names of those towing firms. The contractual agreement shall comply with this section and all rules adopted under this section. Contracts shall be awarded on the basis of competitive bidding. The director or a county, city or town shall reserve the right to reject all bids. If only one bid is received, the director or a county, city or town may reject the bid and negotiate a contract without bidding if the negotiated contract is at a price lower than the bid price under the terms and conditions specified in the call for bids.
F. C. Except as provided in subsection G D of this section, a towing firm may only have one contractual agreement per geographic towing area with the department or a county, city or town for towing or storage services, or both. If an owner of a towing firm has a common ownership interest in another towing firm or the assets, or shared use of the assets, of another towing firm, the owner may not participate in any other application for a contractual agreement within the same geographic towing area for that application. The department or a county, city or town must determine that each towing firm is in compliance with this subsection. The director or a county, city or town must review any complaints that are submitted with supporting documentation and that allege a violation of this subsection.
G. D. If a towing firm that has a contractual agreement pursuant to this section acquires another towing firm that has a contractual agreement pursuant to this section, both contractual agreements remain valid for one year after the date of the acquisition or until the end of the contractual agreement, whichever is shorter.
H. E. Notwithstanding subsection F C of this section, an agency may allow a towing firm to use resources from another towing firm if an agency deems the use of those resources is necessary for traffic incident management.
I. The total weight of a tow truck and the towed vehicle is exempt from the maximum total gross weight load allowed under section 28‑1100 if a damaged, disabled or abandoned vehicle or vehicle combination is towed.
J. F. If towing companies share any employees or staff, the companies shall be considered as one company for the purposes of the rotation list in that geographically contracted towing area.
K. G. For the purposes of this section, "asset" means any property that has a value, including financial, intangible and physical assets, and includes:
1. Vehicles.
2. Equipment.
3. Stock.
4. A membership in a limited liability company.
5. A partnership interest.
6. A beneficial interest in a trust or another like item.
APPROVED BY THE GOVERNOR APRIL 5, 2018.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 5, 2018.
