reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 2 - MOTOR CARRIERS › Section R17-5-204 - Motor Carrier Safety: 49 CFR 391 - Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors

Current through Register Vol. 30, No. 28, July 12, 2024
A.
									49 CFR
				391.11, General qualifications of drivers.
				Paragraph (b)(1) is amended to read:
Is at least 21 years of age for interstate operation or is at
				  least 18 years of age for operations restricted to intrastate transportation
				  not involving the transportation of a reportable quantity of hazardous
				  substance, hazardous waste required to be manifested, or hazardous material in
				  an amount requiring a vehicle to be placarded as prescribed under
				  R17-5-209;
B.
									49 CFR
				391.51, General requirements for driver
				qualification files. Paragraph (b)(8) is amended to read:
A Skill Performance Evaluation Certificate obtained from a
				  Field Administrator, Division Administrator, or state Director issued in
				  accordance with § 391.49; or the Medical Exemption document, issued by a
				  Federal medical program in accordance with part 381 of this chapter; or a copy
				  of the Arizona intrastate medical waiver, if a waiver is granted by the
				  Director as prescribed under
				  R17-5-208;
				  and
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 2 - MOTOR CARRIERS › Section R17-5-205 - Motor Carrier Safety: 49 CFR 383 - Commercial Driver's License Standards; Requirements and Penalties

Current through Register Vol. 30, No. 28, July 12, 2024
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
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 2 - MOTOR CARRIERS › Section R17-5-206 - Motor Carrier Safety: 49 CFR 392 - Driving of Commercial Motor Vehicles

Current through Register Vol. 30, No. 28, July 12, 2024
A.
									49 CFR 392.5,
				Alcohol prohibition. Paragraph (e) is amended by adding:
Drivers who violate the terms of an out-of-service order as
				  prescribed under this section are also subject to the provisions and sanctions
				  of A.R.S. §
										28-5241.
B.
									49 CFR
				392.9b, Prohibited transportation.
1. Paragraph (a) is amended to read:
Safety registration required. A commercial motor vehicle
				  providing transportation in interstate commerce or in intrastate commerce must
				  not be operated without a safety registration and an active USDOT
				  Number.
2. Paragraph (b),
				Penalties, is amended to read:
Penalties. If it is determined that the motor carrier
				  responsible for the operation of such a vehicle is operating in violation of
				  paragraph (a) of this section, it may be subject to penalties in accordance
				  with
				  49 U.S.C. 521 and
				  A.R.S. §
											28-5240.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 2 - MOTOR CARRIERS › Section R17-5-207 - Civil Penalties

Current through Register Vol. 30, No. 28, July 12, 2024
To determine the amount of civil penalty for repeat findings
				  of responsibility for the same class of violations involving vehicles required
				  to be placarded, the higher level of civil penalty as prescribed under A.R.S. §
				  28-5238 applies.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 2 - MOTOR CARRIERS › Section R17-5-208 - Commercial Driver License Intrastate Medical Waiver; Intrastate Alternative Physical Qualification Standards for the Loss or Impairment of Limbs, or Monocular Vision

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person who is not physically qualified to drive a commercial motor vehicle in
				intrastate commerce due to loss of limb, limb impairment, or monocular vision,
				as provided under
				49 CFR
				391.41(b)(1), (b)(2), or
				(b)(10), but otherwise meets all other
				requirements under
				49 CFR
				391.41, may operate a commercial motor
				vehicle in intrastate commerce if granted an intrastate medical waiver by the
				Director. Application for an intrastate medical waiver shall be submitted
				according to subsection (B).
B. A
				driver applicant, or a driver applicant jointly with the motor carrier
				co-applicant that will employ the driver applicant, shall complete and submit
				the applicable intrastate medical waiver application to the Department's
				Medical Review Program, P.O. Box 2100, Mail Drop 818Z, Phoenix, AZ 85001-2100,
				with the following information as applicable:
1. Identify the applicant:
a. Name and complete address of the driver
				applicant;
b. Name and complete
				address of the motor carrier co-applicant;
c. U.S. Department of Transportation motor
				carrier identification number, if known; and
d. A description of the driver applicant's
				limb or visual impairment as applicable to the type of waiver being
				requested;
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 2 - MOTOR CARRIERS › Section R17-5-209 - Hazardous Materials Transportation: Incorporation of Federal Regulations; Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Incorporation of federal regulations.
1. As
				relevant to the transportation of hazardous materials by highway, the
				Department incorporates by reference, as amended under this Section, the
				following Parts of the Federal Hazardous Materials Regulations; revised as of
				October 1, 2020, and no later amendments or editions, as 49 CFR -
				Transportation, Subtitle B - Other Regulations Relating to Transportation,
				Chapter I - Pipeline and Hazardous Materials Safety Administration, Department
				of Transportation:
a. Subchapter A -
				Hazardous Materials and Oil Transportation; Part 107 - Hazardous materials
				program procedures; and
b.
				Subchapter C - Hazardous Materials Regulations; Parts:
i. 171 - General information, regulations,
				and definitions;
ii. 172 -
				Hazardous materials table, special provisions, hazardous materials
				communications, emergency response information, training requirements, and
				security plans;
iii. 173 - Shippers
				- general requirements for shipments and packagings;
iv. 177 - Carriage by public
				highway;
v. 178 - Specifications
				for packagings; and
vi. 180 -
				Continuing qualification and maintenance of packagings.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 2 - MOTOR CARRIERS › Section R17-5-210 - Motor Carrier Safety: Public Service Corporation, Political Subdivision of this State that is Engaged in Rendering Public Utility Service, or Railroad Contacting State Officials in an Emergency

Current through Register Vol. 30, No. 28, July 12, 2024
A. A public service corporation, a political
				subdivision of this state that is engaged in rendering public utility service,
				or a railroad shall notify Commercial Vehicle Enforcement in writing, through
				the Arizona Department of Public Safety Duty Office, that an emergency
				situation under A.R.S. §
									28-5234(B)
				 exists. Notification shall be sent by email
				to doffice@azdps.gov immediately, but in no case longer than three hours from
				the time the public service corporation, political subdivision of this state
				that is engaged in rendering public utility service, or railroad determines
				that the emergency situation exists. The information to be provided in writing
				includes:
1. Date of the emergency
				situation,
2. Time that the
				emergency situation started,
3.
				Description of the emergency situation,
4. Location of the emergency
				situation,
5. Projected duration of
				the emergency situation,
,
6.
				Name and contact number of responsible party in the field, and
7. The
				utility's self-generated Emergency ID or tracking number.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 2 - MOTOR CARRIERS › Section R17-5-211 - Motor Carrier Safety: Inspection, Enforcement, and Sanction

Current through Register Vol. 30, No. 28, July 12, 2024
A. Scope. This
				Section applies to any transporter subject to:
1.
										R17-5-201
				through
				R17-5-209;
				and
2. A.R.S. Title 28, Chapter
				14.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 2 - MOTOR CARRIERS › Section R17-5-212 - Motor Carrier Safety: Hearing Procedure

Current through Register Vol. 30, No. 28, July 12, 2024
A. Scope.
1.
				This Section applies only to a motor carrier enforcement action under:
a.
											R17-5-201
				through
				R17-5-209;
				and
b. A.R.S. Title 28, Chapter
				14.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-303 - Professional Driver Training School Instructor Qualifications and Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				professional driver training school instructor shall:
1. Work for a professional driver training
				school licensed by the Department or private entity under A.R.S. § 32-2371 and
				R17-5-302,
2. Possess a valid Arizona commercial driver
				license with applicable endorsements representative of the vehicle to be used
				in training,
3. Meet the character
				and reputation requirements as defined in
				R17-5-301,
				and
4. Meet all applicable
				instructor requirements under state law and this Article.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-304 - Fingerprint Background Check; Fingerprint Clearance Card

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant for a license issued under
				A.R.S. Title 28, Chapter 8, Article 7.1 or Title 32, Chapter 23, Article 2 and
				this Article, as applicable, shall:
1.
				Successfully complete a fingerprint background check conducted by the Arizona
				Department of Public Safety under A.R.S. §
										41-1758.01,
				and
2. Submit to the Department or
				private entity a copy of the fingerprint clearance card issued to the applicant
				under A.R.S. §
										41-1758.03
				as part of the application packet.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-305 - Traffic Survival School Qualified Instructor Status; Eligibility and Application Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				applicant for traffic survival school qualified instructor status shall:
1. Apply through a traffic survival school
				licensed by the Department or private entity under A.R.S. §
										28-3413
				and this Article,
2. Possess a
				valid Arizona driver license,
3.
				Meet all applicable requirements under this Article, and
4. Meet the good standing and character and
				reputation requirements as defined in
				R17-5-301.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-306 - Required Training and Examination of School and Instructor Applicants

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant for
				traffic survival school instructor qualification under this Article shall
				attend Department-approved training and shall pass one or more required
				examinations administered by the Department or private entity.
B. The Department or private entity shall
				limit a traffic survival school qualified instructor applicant to three
				opportunities within 90 days, based on scheduling, to successfully complete and
				achieve a passing score or grade on each examination required under this
				Section.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-307 - Approval or Denial of Application; Hearing; Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. An application will not be approved by the
				Department or private entity unless it is properly and fully completed with all
				required supporting documents and applicable fees as identified in this
				Article.
B. The Department or
				private entity shall provide written notification to the professional driver
				training school or traffic survival school of the approval or denial of a
				license or traffic survival school instructor qualification. A notice denying
				the applicant a license or qualification under this Article shall specify the
				basis for denial and indicate that the applicant may request a hearing on the
				denial with the Department's Executive Hearing Office within 30 calendar days
				of the date on the notice unless the application is withdrawn by the
				applicant.
C. The Department or
				private entity may deem a traffic survival school instructor applicant
				qualified when a completed application is received and the applicant has
				successfully completed all required training and examinations.
D. Unless the application is withdrawn by the
				applicant, the Department or private entity may deny an application in which
				the applicant has:
1. Failed to have or to
				document a satisfactory driver record as required under
				R17-5-305,
				as applicable;
2. Failed to meet
				the good standing or character and reputation requirements of the Department as
				defined in
				R17-5-301;
3. Failed to meet the fingerprint clearance
				card requirement under
				R17-5-304,
				as applicable;
4. Made a material
				misrepresentation or misstatement on the application;
5. Violated a federal or state law or rule
				reasonably related in a business context to the authority applied for;
				or
6. Failed to complete all
				applicable application requirements under this Article.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-308 - License Issuance; Effective Date; Expiration; Display

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department or private entity may issue
				the following licenses upon determining an applicant meets all eligibility and
				application requirements provided under A.R.S. Title 28, Chapter 8, Article 7.1
				or Title 32, Chapter 23 and this Article:
1.
				Professional driver training school,
2. Traffic survival
				school, and
3. Established place of business (branch).
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-309 - Renewal of License

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				completed renewal , consisting of the following, shall be submitted to the
				Department or private entity a minimum of 30 calendar days prior to license
				expiration, notwithstanding A.A.C.
				R17-1-102,
				failure to submit a renewal prior to December 1st shall result in the applicant
				being subject to all original licensing requirements:
1. A renewal application, completed on a form
				approved by the Department, including:
a. An
				updated list of all principals, instructors, contracted personnel, and
				employees of the school who are responsible for Arizona school operations,
				including full name and driver license number; and
b. The signature of all current principals on
				the completed application; and
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-310 - Modifications of Original Application Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. A licensee or traffic survival school
				qualified instructor, making or learning of any change in the content of its
				original application information, other than ownership, shall provide written
				notification of the change, completed on a form approved by the Department and
				signed by a principal or business manager, to the Department or private entity
				within two business days of making the change.
B. A licensed school making a change to a
				principal or corporate structure shall submit to the Department or private
				entity a new application for licensing under this Article and all applicable
				fees, as a new applicant for licensure, within 10 calendar days of making the
				change.
C. A licensed school
				submitting a new application to the Department or private entity, as provided
				under subsection (B), is subject to the fingerprint clearance card requirement
				under
				R17-5-304
				unless a valid fingerprint clearance card is already on file with the
				Department.
D. A licensed school
				shall provide written or electronic notification on a form, approved by the
				Department, to the Department or private entity within 10 calendar days of
				making any changes to the licensee's contact person, business manager, or
				instructors.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-311 - Professional Conduct; Conflicts of Interest; Advertising

Current through Register Vol. 30, No. 28, July 12, 2024
A. A professional driver training school or
				traffic survival school representative or instructor shall not:
1. Accompany a student into any Department
				office or office of an authorized third party driver license or driver license
				training provider; or
2. Solicit an
				individual for any purpose on any premises rented, leased, operated, or owned
				by the Department or by an authorized third party driver license or driver
				license training provider.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-312 - Cancellation and Continuity of Services to Participants

Current through Register Vol. 30, No. 28, July 12, 2024
A. A principal of a school ceasing operations
				or cancelling courses for any reason shall ensure continuity of services to
				each student currently enrolled in courses as follows:
1. A principal shall notify each student
				currently scheduled for, or enrolled in, a course that the school will be
				unable to provide the services previously offered 72 hours before the scheduled
				course; and
2. A principal shall
				refund within four business days any payment received by the school for a
				course not yet provided.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-313 - Method of Instruction; Curriculum

Current through Register Vol. 30, No. 28, July 12, 2024
A. An instructor shall teach only curriculum
				approved by the Department or private entity to a student attending a
				class.
B. An instructor shall not
				conduct personal business during a time designated for instruction.
C. An instructor shall not solicit students
				during training classes for businesses other than those licensed by the
				Department or private entity.
D. A
				school or instructor shall ensure that a student has both fully attended and
				successfully completed a course before issuing a certificate of completion to
				the student.
E. A licensed traffic
				survival school must use all equipment required by the Department or private
				entity to present the curriculum to the students, including at a minimum, a
				computer, a PowerPoint compatible projector, a DVD player, and a display
				monitor visible to all students.
F.
				Professional driver training school approved curriculum. The Department shall
				approve, and may modify, in writing, a uniform curriculum that the professional
				driver training school shall teach as applicable for each activity the licensee
				is authorized to perform. The curriculum shall be a standard course of
				instruction used by a professional driver training school for the training and
				education of students.
G. Traffic
				survival school approved curriculum. The Department shall approve, and may
				modify, in writing a uniform curriculum that the traffic survival school shall
				teach. The curriculum shall be selected and approved on the basis of
				effectiveness in improving the safety and habits of drivers.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-314 - Certificate of Completion

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				qualified instructor for traffic survival school or high school driver
				education program shall accurately complete all required information on a
				certificate of completion:
1. The instructor
				providing the training listed on the certificate of completion shall sign the
				document once training is complete, or
2. The instructor providing the final
				instruction or test shall sign the certificate of completion if training is
				provided by multiple instructors.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-315 - Record Retention

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				licensed traffic survival school shall electronically transmit proof of course
				completion immediately following each student's satisfactory completion of a
				traffic survival school course in a manner and with the basic computer
				equipment prescribed by the Department or private entity. At a minimum, the
				computer equipment must be able to temporarily store, and electronically
				transmit over the internet, the certificates of completion required by the
				Department or private entity.
B.
				All records pertaining to a licensed school's operations and training of
				students shall be:
1. Stored and securely
				maintained at the licensee's principal place of business,
2. Available for inspection by the Department
				or private entity during business hours, and
3. Retained by the school for three years
				from the date of course completion.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-316 - Traffic Survival School Department-approved Inventory

Current through Register Vol. 30, No. 28, July 12, 2024
A. A traffic survival school licensed under
				this Article shall:
1. Prohibit public or
				other unauthorized access to all Department-approved inventory, and
2. Submit to the Department or private entity
				a written report detailing the circumstances surrounding the loss or theft of
				any missing or stolen Department-approved inventory.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-317 - School Responsibilities

Current through Register Vol. 30, No. 28, July 12, 2024
While licensed by the Department or private entity under
				  A.R.S. §
									28-3413
				  or
				  32-2371
				  and this Article, the school shall:
1.
				Comply with the Americans with Disabilities Act of 1990 (
				42 U.S.C.
				12101 et seq.) and applicable federal
				regulations by providing appropriate auxiliary aids and services to students
				with disabilities requesting reasonable accommodation;
2. Comply with Title VI of the Civil Rights
				Act of 1964 ( 42 U.S.C. 2000 d et seq.) and applicable federal regulations. As
				a requirement of compliance, the school shall:
a. Provide public notification of its
				compliance with Title VI by displaying a Department-approved notice to the
				public;
b. Take reasonable steps to
				ensure that Limited English Proficient (non-English speaking) customers have
				meaningful access to the services or activities performed under this Article,
				which includes, providing the school's services and authorized transactions in
				languages other than English and providing these services at no additional cost
				to the customer or student;
c.
				Report promptly any customer complaints alleging discrimination or failure to
				meet the requirements of this Section to the Department's Civil Rights office
				for processing and investigation. The school shall immediately upon receipt of
				such complaints provide access to its facilities, books, records, accounts, and
				other sources of information as may be determined or requested by the
				Department to be pertinent, in order to ascertain compliance with Title VI;
				and
d. Inform and formally train
				all school officers, principals, employees, and contractors on the requirements
				to comply with Title VI; and
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-318 - Instructor Responsibilities

Current through Register Vol. 30, No. 28, July 12, 2024
A professional driver training school instructor or traffic
				  survival school qualified instructor shall:
1. Attend all ongoing training and continuing
				education as required by the Department or private entity;
2. Provide written notice to the licensed
				professional driver training school or traffic survival school within
				twenty-four hours if the instructor's driver license is suspended, revoked,
				cancelled, or disqualified;
3.
				Conduct training and courses only at training sites approved by the Department
				or private entity;
4. Conduct the
				final evaluation on behind-the-wheel final evaluation routes approved by the
				Department or private entity;
5. Follow and complete
				the curriculum approved by the Department or private entity for each course
				conducted; and
6. Conduct at least two courses in a calendar
				year.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-319 - Traffic Survival Schools

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall assign an individual
				only to a traffic survival school licensed by the Director under this
				Article.
B. A traffic survival
				school or qualified instructor shall allow only students who provide acceptable
				proof of traffic survival school assignment to register for and attend a
				traffic survival school course. The following documents are acceptable proof of
				assignment:
1. Notice of traffic survival
				school assignment or suspension for failure to attend traffic survival
				school,
2. An order from a court or
				other appropriate tribunal from Arizona or another state indicating traffic
				survival school assignment,
3.
				Traffic survival school proof of assignment form obtained from the
				Department,
4. Electronic
				verification of traffic survival school assignment through the Department's
				private entity, or
5. Motor vehicle
				record.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-320 - High School Driver Education Program

Current through Register Vol. 30, No. 28, July 12, 2024
A. The following definitions apply to this
				Section:
1. "Accountable forms inventory"
				means a series of distinctly and consecutively numbered documents provided by
				the Department to an instructor qualified under this Section for:
a. Recording in a log, the assigned number of
				each document completed, issued, or voided by a high school qualified
				instructor; and
b. Reporting to the
				Department the assigned number of each document completed, issued, or voided by
				a high school qualified instructor.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-321 - Periodic Audits, Monitoring, Inspections, and Investigations

Current through Register Vol. 30, No. 28, July 12, 2024
A. To determine
				compliance with license requirements, qualification requirements and applicable
				federal and state laws and rules, the Department or private entity may:
1. Monitor for compliance by attending any
				licensed school's course or other activities on a scheduled or unscheduled
				basis;
2. Audit for compliance by
				performing periodic reviews of the operations, facilities, equipment, and
				records;
3. Inspect for compliance
				by making random, on-site visits during posted business hours; or
4. Investigate for compliance by interviewing
				or submitting questions to school owners, instructors, and former or current
				students.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-322 - Cease and Desist Order; Hearing and Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department may immediately issue and
				serve a cease and desist order on a licensee, as prescribed under A.R.S. §
									28-3417
				or
				32-2394,
				if the Department or private entity has reasonable cause to believe that the
				licensee has violated or is violating a federal or state law or rule relating
				to a duty prescribed under this Article.
B. A cease and desist order issued by the
				Department to a licensee under this Article shall:
1. Require the person on receipt of the order
				to cease and desist from further engaging in the prohibited conduct or in any
				activity authorized under this Article as specified in the cease and desist
				order, and
2. Provide information
				regarding the person's right to request a hearing to show cause as to why the
				Department's order should not be upheld.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-323 - Non-compliance; Notice of Corrective Action; Cancellation, Suspension, or Revocation of a Professional Driver Training School License or Traffic Survival School License or Qualification of a Traffic Survival School Instructor; Hearing and Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				following definitions apply to this Section:
1. "Cancellation" means a Department action
				that withdraws a license or qualification of a traffic survival school
				instructor issued under A.R.S. Title 28, Chapter 8, Article 7.1 or Title 32,
				Chapter 23 and this Article.
2.
				"Revocation" means a Department action that terminates, for an indefinite
				period of time, a licensee's or traffic survival school qualified instructor's
				privilege to operate a school or conduct instruction under this
				Article.
3. "Suspension" means a
				Department action that prohibits, for a stated period of time, a licensee or
				traffic survival school qualified instructor from operating as a school or
				instructor under this Article.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 4 - DEALERS › Section R17-5-401 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §§
									28-4301
				  and
				  28-4410,
				  the following definitions apply to this Article unless otherwise
				  specified:
"Dealer" or "motor vehicle dealer" has the same meaning as
				  "motor vehicle dealer" in A.R.S. §
									28-4301.
"Director" has the same meaning as in A.R.S. §
									28-101.
"Owner" means a person who holds the legal title of a motor
				  vehicle.
"Principal place of business" means a licensed place of
				  business from which a wholesale motor vehicle dealer or a broker conducts
				  business and keeps the records of the business.
"State" means the state of Arizona and all its agencies and
				  political subdivisions, their officers and agents.
"Taxpayer identification number" means a number used for tax
				  purposes that is assigned by the Social Security Administration or the Internal
				  Revenue Service.
"VIN" or "Vehicle Identification Number" means the unique
				  code, including serial number, used by an automobile manufacturer to identify a
				  specific motor vehicle.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 4 - DEALERS › Section R17-5-402 - Bond Amounts; Dealers, Brokers, and Automotive Recyclers' Business Licenses

Current through Register Vol. 30, No. 28, July 12, 2024
A. As prescribed
				under A.R.S. §
									28-4362,
				the Department shall require a bond in the amount specified for the following
				motor vehicle business license applicants:
1.
				$100,000 for:
a. A new motor vehicle
				dealer,
b. A used motor vehicle
				dealer, or
c. A public consignment
				auction dealer.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 4 - DEALERS › Section R17-5-404 - Dealer Title Requirement for Vehicle Sale

Current through Register Vol. 30, No. 28, July 12, 2024
For purposes of A.R.S. §
									28-4409(A),
				  the dealer's name shall be recorded on a title certificate as transferee or
				  purchaser.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 4 - DEALERS › Section R17-5-405 - Dealer Acquisition Contract

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purposes of A.R.S. §
									28-4410,
				a dealer shall prepare a dealer acquisition contract on a Department form with
				contents as prescribed under subsection (B).
B. A dealer acquisition contract shall contain the
				following information:
1. The heading "Dealer
				Acquisition Contract;"
2. The
				dealer's name and dealer license number;
3. The dealer's business address and
				telephone number;
4. The owner's
				name, address, telephone number; driver license number or taxpayer
				identification number, as applicable; and type of ownership;
5. The VIN; license plate number; licensing
				state; and model, make, and year of the motor vehicle that has a dealer
				acquisition contract;
6. If there
				is a lien holder, for each lien holder:
a. The
				lien holder's name, address, and telephone number;
b. The lien balance;
c. The prepayment penalties, if any;
				and
d. Other information on the
				terms and conditions of the lien repayment.
7. A statement by the owner that the motor
				vehicle is free and clear of all liens and encumbrances, except those disclosed
				under subsection (B)(6)(a) and the unpaid lien balance is no greater than
				disclosed under subsection (B)(6)(b);
8. The contracted purchase price and a
				recital that this amount has been either paid directly to the owner or credited
				to the owner against the purchase price of another motor vehicle;
9. A statement indicating that the owner is
				selling and transferring the described motor vehicle to the dealer;
10. An authorization by the owner permitting
				the dealer to obtain all information necessary to verify the accuracy of the
				lien balance and assure that the balance is paid and the lien is
				released;
11. A statement by the
				owner that the registration document provided to the dealer is the original and
				most recent registration issued for the vehicle;
12. An agreement indicating whether the owner
				or dealer is responsible to satisfy the lien balance;
13. An authorization by the owner permitting
				the dealer to obtain the original title certificate from the lien holder;
				endorse the owner's name on the title; and if necessary, transfer the title to
				the dealer;
14. A statement that if
				the owner receives the certificate of title, the owner shall immediately
				deliver the title to the dealer and provide any signature and acknowledgment
				necessary to complete the title transfer to the dealer;
15. The date when the dealer acquisition
				contract is executed by each party;
16. The dealer's signature; and
17. The owner's signature.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 4 - DEALERS › Section R17-5-406 - Dealer Consignment Contract

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purposes of A.R.S. §
									28-4410,
				a motor vehicle dealer shall prepare a dealer consignment contract on a form
				with contents as prescribed under subsection (B).
B. A dealer consignment contract shall contain the
				following information:
1. The heading "Dealer
				Consignment Contract;"
2. The
				dealer's name and dealer license number;
3. The dealer's business address and
				telephone number;
4. The owner's
				name, address, telephone number, driver license number or taxpayer
				identification number, and type of ownership;
5. The VIN; license plate number; licensing
				state; and model, make, and year of the motor vehicle that has a dealer
				consignment contract;
6. If there
				is a lien holder, for each lienholder:
a. The
				lien holder's name, address, and telephone number;
b. The lien balance;
c. The prepayment penalties, if any;
				and
d. Other information on the
				terms and conditions of the lien repayment;
7. A statement by the owner that the vehicle
				is free and clear of all liens and encumbrances, except those disclosed under
				subsection (B)(6)(a) and the lien balance is no greater than that disclosed
				under subsection (B)(6)(b);
8. An
				authorization by the owner permitting the dealer to market and sell the vehicle
				on behalf of the owner at a mutually-agreed upon, specified, minimum
				price;
9. An agreement by the
				dealer to inform any prospective purchaser that the vehicle is on
				consignment;
10. An agreement by
				the dealer that, upon receiving the sale proceeds, the dealer shall immediately
				satisfy all disclosed liens and ensure that the liens are released;
11. An agreement by the owner that, upon the
				completion of the sale and after receiving the sale proceeds, the owner shall
				promptly deliver and endorse the title certificate for reassignment to the
				purchaser;
12. The expiration date
				of the consignment contract;
13. An
				agreement by the dealer to deliver the motor vehicle to the owner at a
				specified location on the date that the contract expires or
				terminates;
14. An agreement by the
				owner to pay any specified fees due to the motor vehicle dealer on the return
				of the vehicle, after the expiration or termination of the consignment
				contract;
15. The date the contract
				is executed;
16. The dealer's
				signature; and
17. The owner's
				signature.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 4 - DEALERS › Section R17-5-407 - Motor Vehicle Repossession

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall not transfer a title when the ownership of a motor vehicle
				titled in this state or another state reverts through operation of state law to
				a lienholder of record through repossession unless the following conditions are
				met:
1. The motor vehicle is physically
				located in this state;
2. A notice
				of lien is filed with the Department;
3. A completed affidavit from the lienholder
				is submitted to the Department stating that the motor vehicle is physically
				located in this state and was repossessed on default pursuant to the terms of
				the lien and applicable law and that this state, its agencies, employees, and
				agents shall not be held liable for relying on the contents of the affidavit;
				and
4. In addition to the
				information required in subsection (A)(3), the affidavit contains the following
				information:
a. The VIN,
b. The vehicle model year,
c. The vehicle make,
d. The registered owner's name,
e. The date of repossession,
f. The state in which the vehicle is
				titled,
g. The lienholder company
				name,
h. The lienholder agent or
				representative name,
i. The
				lienholder signature, and
j. The
				notary or Department agent signature.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 4 - DEALERS › Section R17-5-408 - Resale of a New Motor Vehicle

Current through Register Vol. 30, No. 28, July 12, 2024
A. A motor vehicle dealer that sells a new
				motor vehicle that was delivered to a previous purchaser, shall provide written
				notice to the new purchaser under subsection (B).
B. A motor vehicle dealer shall ensure that
				the notice under A.R.S. § 28-4422 contains the following information:
1. The name of the dealership;
2. A vehicle description, including year,
				make, and VIN;
3. A statement that
				the new motor vehicle was delivered to a previous purchaser;
4. The printed name of the new purchaser;
				and
5. The signature of the new
				purchaser (initials are not acceptable) indicating that the new purchaser has
				received the notice.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 5 - MOTOR CARRIER FINANCIAL RESPONSIBILITY › Section R17-5-501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided under A.R.S. §§
									28-4001,
				  28-4031,
				  28-5201,
				  and
				  28-5431,
				  the following terms apply to
this Article, unless the context otherwise requires:
"Binder" means a contract for temporary insurance as
				  described in A.R.S. §
									20-1120.
"Initial motor vehicle registration" means the first time a
				  motor carrier registers a specific motor vehicle or a vehicle combination in
				  Arizona.
"Insurance company" means an entity that is in the business
				  of issuing motor carrier liability insurance policies.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 5 - MOTOR CARRIER FINANCIAL RESPONSIBILITY › Section R17-5-504 - Requirement to Submit Proof of Financial Responsibility; Applicability; Procedure; Exception

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a
				person or motor carrier subject to financial responsibility requirements under
				A.R.S. §
									28-4032
				does not insure its motor vehicle or vehicle combination through an insurance
				company that electronically reports to the Department under A.R.S. §
									28-4148
				and Article 8 of this Chapter, the person or motor carrier shall submit proof
				of financial responsibility as prescribed in this Section, and in the amount
				required under A.R.S. §
									28-4033(A):
1. On initial motor vehicle registration,
				or
2. On written request by the
				Department.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 6 - IGNITION INTERLOCK DEVICE MANUFACTURERS AND IGNITION INTERLOCK SERVICE PROVIDERS › Section R17-5-602 - Ignition Interlock Device Manufacturer Certification; Expiration; Cancellation of Certification; Notice

Current through Register Vol. 30, No. 28, July 12, 2024
A. An ignition interlock device manufacturer
				shall obtain certification by the Department under this Article before offering
				a new ignition interlock device model and before making material modifications
				to an existing ignition interlock device model for implementation and
				installation under Arizona law.
B.
				Ignition interlock device certification by an ignition interlock device
				manufacturer shall occur prior to the IISP signing an authorization agreement
				with the Department.
C. After receiving
				Department certification for a new ignition interlock device model and meeting
				all the requirements under
				R17-5-604,
				the ignition interlock device manufacturer is effectively certified by the
				Department to offer the certified ignition interlock device model for
				installation under Arizona law.
D. An ignition interlock
				device manufacturer shall submit a new application to the Department under
				R17-5-604
				for the certification of each new ignition interlock device model the
				manufacturer intends to offer for installation.
E. Manufacturer
				certification issued by the Department under this Article shall automatically
				expire if:
1. The manufacturer no longer
				provides at least one currently certified ignition interlock device model for
				installation under Arizona law; and
2. The manufacturer has no pending
				application on file with the Department for the certification of a device under
				R17-5-604.