Legislation Simplifies Motor Carrier and Driver Violations
Phoenix, AZ – The Arizona Trucking Association applauds the passage of House Bill 2425: Motor Carrier; Violations; Penalties (HB2425), which was signed by Governor Ducey on March 24, 2021.
The signing by the Governor is the culmination of more than two years of work to streamline, simplify, and clarify motor carrier and driver violations under Arizona Revised Statute 28-5240 and 28-5245.
HB2425 streamlines motor carrier violations in a simple, easy to understand format. Here is what it does:
- HB2425 moves equipment violations, which are civil violations already, into this section (then repeals ARS 28-5245), unless the violation requires the issuance of an out-of-service order.
- HB2425 reduces driver violations (speeding, not wearing a seatbelt, etc.) from criminal offenses to civil violations, unless the violation requires the issuance of an out-of-service order.
- Gives law enforcement the tools they need to change behavior of both the company and the driver.
The concept of the legislation was brought forth by two former Arizona Department of Public Safety State Troopers who now work in the trucking industry. These safety professionals pointed out that ARS 28-5240 required law enforcement to write criminal citations for driver violations. A class 2 misdemeanor carries a maximum imprisonment sentence of four months and a maximum fine of $750.
HB2425 also lessens the burden on county attorneys, who were previously tasked with handling the criminal violations, allowing them to focus on more pressing issues.
“ATA believes that HB2425 will make our roads safer for everyone, by not only streamlining and clarifying violations under this section, but by giving law enforcement the tools they need to change behavior,” stated ATA President and CEO, Tony Bradley. “On behalf of our members, I would like to thank Representatives Frank Carroll and Justin Wilmeth for sponsoring this important legislation. I would also like to thank former Transportation Chairman Noel Campbell who started this effort in the 2020 legislative session before the COVID-19 pandemic hit.”
The text of HB2425 can be found at: https://www.azleg.gov/legtext/55leg/1R/bills/HB2425H.pdf
HB2425 will take effect on the General Effective date, which is 90 days after the legislature adjourns sine die.