SB 1206
Initials NM Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: ED DP 5-2-0-0 | 3
rd
Read DPA 18-11-1-0
House: MAPS DPA/SE 15-0-0-0 | 3
rd
Read DP 53-4-0-3
Final Pass: 24-5-0-1
SB 1206: military veteran spouses; tuition scholarships
NOW: commercial vehicles; penalty; civil; criminal
Sponsor: Senator Gowan, LD 19
Transmitted to Governor
Overview
Delineates and clarifies statutory language relating to civil and criminal penalties for drivers, motor
carriers, shippers and manufacturers.
History
An out-of-service order is a declaration by an authorized law enforcement officer that a
commercial driver, a commercial motor vehicle or a motor carrier is out of service and not
permitted to operate. Out-of-service orders are issued for various reasons including, but not
limited to: 1) a driver using alcohol; 2) a driver being on duty in excess of the maximum driving
period allowed; and 3) a vehicle whose mechanical condition is likely to cause breakdown or an
accident (A.R.S. §§ 28-2232; 28-5241; 49 CFR § 390.5).
Provisions
1. Strikes current statutory language relating to criminal penalties for drivers, motor carriers,
shippers and manufacturers violating transportation law related to abandoned, seized and
junk vehicles. (Sec. 1)
2. Adds new language making drivers, motor carriers, shippers and manufacturers guilty of a
criminal offence if they violate an out-of-service order. (Sec. 2)
3. Outlines criminal penalties for violation of an out-of-service order, based on previous
violations, as follows:
a) For a first offence, a class 2 misdemeanor;
b) For a second offence, a class 1 misdemeanor; and
c) For a third or subsequent offences, a class 6 felony. (Sec. 2)
4. Broadens statute relating to violations of out-of-service orders to cover, not only motor
carriers, but also shippers and manufacturers. (sec. 2)
5. Makes technical and conforming changes. (Sec. 1, 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note