Ariz. Admin. Code § 17-5-205

Current through Register Vol. 30, No. 50, December 13, 2024

Section R17-5-205 - Motor Carrier Safety: 49 CFR 383 - Commercial Driver's License Standards; Requirements and Penalties

A.49 CFR 383.5, Definitions. The definitions listed under 49 CFR 383.5 are amended as follows:

"Commercial motor vehicle" or "CMV" has the same meaning as defined in A.R.S. § 28-3001.

"Conviction" has the same meaning as defined in A.R.S. § 28-3001.

"Disqualification" has the same meaning as defined in A.R.S. § 28-3001.

"Motor vehicle" has the same meaning as defined in A.R.S. § 28-101.

" Out-of-service order" has the same meaning as defined in A.R.S. § 28-5241.

"School bus" has the same meaning as defined in A.R.S. § 28-101.

"Tank vehicle" has the same meaning as defined in A.R.S. § 28-3103.

B.49 CFR 383.71, Driver application and certification procedures. Paragraphs (b)(1)(ii), Excepted interstate, and (b)(1)(iv), Excepted intrastate, are deleted.

C.49 CFR 383.73, State procedures.

1. Paragraph (c)(4) is amended to read:

If such applicant wishes to retain a hazardous materials endorsement, require compliance with standards for such endorsement specified in §§ 383.71(b)(8) and 383.141 and ensure that the driver has successfully completed a new test for such endorsement specified in § 383.121.

2. Paragraphs (c)(4)(i) and (c)(4)(ii) are deleted.

3. Paragraph (f)(2)(ii) is amended to read:

The state must add the word "non-domiciled" to the face of the CLP or CDL, in accordance with § 383.153(c) or "limited-term" to the face of the CLP or CDL, in accordance with 6 CFR 37.21; and

D.49 CFR 383.75, Third party testing. Paragraph (a)(8)(v) is amended to read:

Require the third party tester to initiate and maintain a bond in an amount pursuant to A.R.S. Title 28, Chapter 13 to be sufficient to pay for re-testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of applicants for a CDL. Exception: A third party tester that is a government entity is not required to maintain a bond. A provider exempted under A.R.S. Title 28, Chapter 13, is responsible for all costs associated with all re-testing of applicants due to examination fraud as determined by the Department.

E.49 CFR 383.153, Information on the CLP and CDL documents and applications. The introductory sentence in paragraph (e) is amended to read:

Before a CLP or CDL may be issued:

Ariz. Admin. Code § R17-5-205

New Section recodified from R17-4-435.03 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3). Section repealed by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). New Section made by final rulemaking at 20 A.A.R. 2382, effective 8/5/2014. Amended by final rulemaking at 24 A.A.R. 1549, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021.