Official Summary Text
HB2446 - 572R - Senate Fact Sheet
A
RIZONA
S
TATE
S
ENATE
KAYTIE SHERMAN
ASSISTANT RESEARCH ANALYST
LIAM MAHER
LEGISLATIVE RESEARCH ANALYST
APPROPRIATIONS, TRANSPORTATION
& TECHNOLOGY
COMMITTEE
Telephone: (602) 926-3171
RESEARCH
STAFF
TO:����������������� MEMBERS
OF THE SENATE
�����������������������
APPROPRIATIONS, TRANSPORTATION & TECHNOLOGY COMMITTEE
DATE:����������� March
27, 2026
SUBJECT:�����
Strike
everything amendment to
H.B. 2446
, relating to commercial motor
vehicle drivers
Purpose
����������� Requires the
Department of Public Safety (DPS) to enforce the federal English language
proficiency requirements for commercial motor vehicle drivers and appropriates
$400,000 from the Arizona Highway Patrol Fund (Fund) in FY 2027 to DPS for
commercial motor vehicle inspector training.
Background
The Arizona
Department of Transportation must adopt reasonable rules that are deemed proper
for governing the safety operations of motor carriers, shippers and vehicles
transporting hazardous materials, substances or wastes. DPS must, and a
political subdivision may, enforce the adopted rules and prescribed
requirements relating to motor carrier safety. A person acting for a political
subdivision in enforcing the motor carrier safety rules and requirements must
be certified by DPS as qualified for the enforcement activities (
A.R.S.
� 28-5204
).
A person is
qualified under federal law to drive a commercial motor vehicle if the person:
1) is at least 21 years old; 2) can read and speak the English language
sufficiently to converse with the general public, to understand highway traffic
signs and signals in the English language and to respond to official inquiries
and to make entries on reports and records; 3) by reason of experience,
training or both, can safely operate the type of commercial motor vehicle that
the person drives; 4) is physically qualified to drive a commercial motor
vehicle as prescribed; 5) has a valid commercial motor vehicle operator's license
issued by a state or jurisdiction; 6) is not disqualified from driving a
commercial motor vehicle under federal law; and 7) has successfully completed a
driver's road test and has been issued a certificate of driver's road test or
has presented an operator's license or certificate that the employing motor
carrier has accepted as equivalent to a road test in accordance with federal
law (
49
C.F.R. � 391.11
)
A driver may not
operate a commercial motor vehicle that is subject to an out-of-service order
until all repairs required by the order have been satisfactorily completed and
a driver who is subject to an out-of-service order may not operate any
commercial vehicle until the reason for the order has been remedied. A driver,
motor carrier, shipper or manufacturer that violates an out-of-service order is
guilty of a: 1) class 2 misdemeanor for a first offense; 2) class 1 misdemeanor
for a second offense; and 3) class 6 felony for any subsequent offense. If a
driver violates or fails to comply with an out-of-service order, the court must
impose a civil penalty of $2,500 for an initial violation or failure or $5,000
for a subsequent violation or failure. If a motor carrier, shipper or
manufacturer violates an out-of-service order, or requires or allows a driver
to violate the order, the court must impose a civil penalty between $2,750 and
$25,000 (
A.R.S.
� 28-5241
).
����������� There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1.
Requires DPS
to enforce the federal English
language proficiency requirements for commercial motor vehicle drivers
in a
manner that is consistent with:
a)
regulations
adopted by the Federal Motor Carrier Safety Administration;
b)
applicable
federal enforcement guidance; and
c)
the
Commercial Vehicle Safety Alliance North American Standard Inspection Procedures
and Out-of-Service Criteria.
2.
Specifies that a commercial motor vehicle driver who does not meet the
federal English language proficiency requirements is subject to enforcement
action consistent with federal law.
3.
Appropriates $400,000 from the Fund in FY 2027 to DPS for commercial
motor vehicle inspector training
to be provided by a national nonprofit
organization.
4.
Requires a nonprofit organization that uses appropriated monies to
provide inspector training to include North American standard level 1
inspection procedures and out-of-service criteria that are applicable to
commercial motor vehicle driver requirements.
5.
Exempts the appropriation from lapsing.
6.
Becomes effective on the general effective date.
Current Bill Text
Read the full stored bill text
HB2446 - 572R - H Ver
House Engrossed
motor carriers;
English proficiency
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2446
AN
ACT
Amending Title 28, Chapter 14, article 2,
Arizona Revised Statutes, by adding section 28-5233; relating to motor
carriers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 14, article 2,
Arizona Revised Statutes, is amended by adding section 28-5233, to read:
START_STATUTE
28-5233.
Motor carriers; English proficiency required; inspections;
definition
A. a motor carrier in this state
shall demonstrate English proficiency. English proficiency includes
a motor carrier's ability to understand and respond to verbal questions and to
understand highway traffic signs, including ELECTRONIC dynamic message
signs. A specialty officer of the department or a law enforcement
officer authorized pursuant to section 28-5204 shall issue an out-of-service
order to a motor carrier who cannot sufficiently demonstrate English
proficiency during an inspection.
B. All roadside inspections shall be
conducted in English and without tools to facilitate communication, including
interpreters, cue cards, smartphone applications or on-call telephone
interpretation services.
C. If a motor carrier is deemed
proficient in English by a specialty officer of the department or a law
enforcement officer authorized pursuant to section 28-5204, the remainder of
the inspection may be conducted using the communication methods and techniques
best suited to facilitate the safe and effective completion of the inspection.
D. For the purposes of this section,
"out-of-service order" has the same meaning prescribed in section
28-5241.
END_STATUTE