Read the full stored bill text
SB1511 - 572R - H Ver
House Engrossed
Senate Bill
commercial
vehicles; operator; lawful presence
(now: nondomiciled
commercial driver licenses; validity
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1511
AN
ACT
Amending title 28, Chapter 14, article 2,
Arizona Revised Statutes, by adding section 28-5233; relating to commercial
driver licenses.
(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.
Commercial motor
vehicle operator; lawful presence; failure of proof; impoundment of vehicle
A. A person
who
is issued a nondomiciled commercial driver license may not operate a commercial
motor vehicle in this state unless the person can provide EVIDENCE of
LAWFUL immigration status pursuant to 49 Code of Federal Regulations
part 383 or lawful presence in the united states pursuant to the acceptable
documents prescribed in section 41-1080.
B. A law enforcement officer may
request evidence of
lawful immigration status or lawful
presence
in the united states PURSUANT to subsection A of
this section from a person operating a commercial motor vehicle
with a nondomiciled COMMERCIAL driver license.
c. If a person operating a COMMERCIAL
motor vehicle with a nondomiciled COMMERCIAL driver LICENSE fails to provide
evidence requested pursuant to subsection B of this section, the law
ENFORCEMENT officer or the law enforcement agency of the law enforcement
officer shall:
1. Impose a civil penalty pursuant to
section 28-5240.
2. Issue a citation pursuant to this
section.
3. Report the violation to:
(
a
) The
JURISDICTION that issued the person's COMMERCIAL driver license.
(
b
) The federal
motor carrier safety administration.
D. If a person operating a commercial
motor vehicle with a nondomiciled commercial driver license fails to provide
evidence requested pursuant to subsection b of this section, the law
enforcement officer or the law enforcement agency of the law enforcement
officer may place the driver on an out-of-service order as defined
in 49 Code of Federal Regulations section 390.5. If the person
operating the commercial motor vehicle is placed out-of-service
pursuant to this subsection, the law enforcement officer shall document the
commercial driver license information and immediately report the out-of-service
order to:
1. The jurisdiction that issued the
person's commercial driver license.
2. The federal motor carrier safety
administration through the commercial driver's license information system or
other appropriate federal reporting mechanism.
3. The motor carrier that exercised
operational control of the commercial motor vehicle at the time of the stop.
E. The motor carrier that exercised
operational control of the commercial motor vehicle at the time of the stop
shall arrange either of the following within twenty-four hours after the
motor carrier receives notification that the person was placed out-of-service:
1. A replacement person to operate
the commercial motor vehicle who meets all the requirements of subsection a of
this section.
2. Removal of the commercial motor
vehicle from the roadway by the motor carrier or COMMERCIAL motor vehicle
owner. If the commercial motor vehicle is not removed from the
roadway within twenty-four hours as required by this paragraph, a law
enforcement agency may impound the commercial motor vehicle for a period of not
more than thirty days. The law enforcement agency shall notify the
commercial motor vehicle owner and any lien holders of record of the commercial
motor vehicle by telephone or email within twenty-four hours after the
impoundment authorized pursuant to this PARAGRAPH. If the owner or
lien HOLDER of the commercial motor VEHICLE is deemed unreachable by telephone
or email pursuant to subsection J of this section, the law enforcement agency
shall provide notice by certified mail within seventy-two hours after the
impoundment. The NOTIFICATION required by this paragraph must
include all of the following:
(
a
) The
location of the impounded commercial motor vehicle.
(
b
) Contact
information for retrieval of the commercial motor vehicle.
(
c
) A list of
the required documents needed to retrieve the commercial motor vehicle.
(
d
) Information
regarding the retrieval procedures for lessors pursuant to subsection f of this
section.
(
e
) A statement
of impoundment charges and responsibility for payment. The motor
carrier or lessee of the commercial motor vehicle is solely responsible for all
impoundment, towing and storage charges for the commercial motor vehicle, for
any charges related to the unloading, the handling, appropriate storage and the
transfer of and administrative or other fees related to the cargo the
commercial motor vehicle was carrying at the time of the violation And for any
costs incurred for notification provided by certified mail pursuant to this
paragraph.
F. If the commercial motor vehicle is
operated pursuant to a lease agreement:
1. The lessee or motor carrier is
solely responsible for all impoundment, towing and storage charges.
2. the law enforcement agency or
impound facility shall release the commercial motor vehicle to the lessor on
presentation of both of the following:
(
a
) Proof of
ownership, including title, registration or other documentation showing the
lessor holds legal title to the commercial motor vehicle.
(
b
) A copy of
the lease agreement or other documentation that shows the commercial motor
vehicle was leased to the motor carrier at the time of the violation.
G. The impound facility may pursue
collection of all fees or charges from the lessee or motor carrier through
normal collection processes.
H. this section does not allow for
the impoundment of any cargo owned by a third party. If the
commercial motor vehicle was transporting cargo at the time the person
operating the commercial motor vehicle was placed out-of-service
pursuant to subsection d of this section, the law enforcement agency shall:
1. Immediately make reasonable
efforts to identify and contact the cargo owner, which may include reviewing
any of the following:
(
a
) Bills of
lading, shipping manifests or delivery documents located in the impounded
commercial motor vehicle.
(
b
) Information
provided by the motor carrier or the person operating the commercial motor
vehicle.
(
c
) Contact
information on cargo packaging or documentation.
2. Notify the cargo owner by
telephone, email or other available means within four hours after the
commencement of any stop that results in the out-of-service
placement of the person operating the commercial motor vehicle carrying the
cargo.
3. If the cargo owner is deemed
unreachable pursuant to subsection j of this section, notify the cargo owner by
certified mail within FORTY-eight hours after the commencement of a stop
that results in the out-of-service placement of the person
operating the commercial motor vehicle carrying the cargo. The costs
incurred for the notification sent to the cargo owner pursuant to this
paragraph is the responsibility of the motor carrier and shall be added to any
impoundment charges.
4. provide Notification to the cargo
owner pursuant to paragraphs 2 and 3 of this subsection that includes:
(
a
) The
location of the cargo.
(
b
) Contact
information for retrieval of the cargo.
(
c
) A list of
the required documents needed to retrieve the cargo.
(
d
) A statement
that the retrieval of the cargo is at no charge to the cargo
owner. The motor carrier or lessee of the commercial motor vehicle
is solely responsible for all impoundment, towing and storage charges for the
commercial motor vehicle, for any charges related to the unloading, the
handling, appropriate storage and the transfer of and administrative or other
fees related to the cargo the commercial motor vehicle was carrying at the time
of the violation and for any costs incurred for notification by CERTIFIED mail
pursuant to paragraph 3 of this subsection.
5. Provide reasonable assistance for
cargo loading and transfer. The cargo owner may bring equipment or
transportation to aid in the loading and transfer of the cargo.
6. Document
the retrieval of the cargo with a signed receipt that must note the condition
of the cargo at the time of retrieval and release.
7. If
the cargo cannot be safely stored at the scene of the stop, arrange through an
authorized impound facility or towing contractor for appropriate storage that
meets the needs and prevents loss or damage of the cargo. �Appropriate storage
of the cargo may include:
(
a
) Refrigeration
for perishable goods.
(
b
) Climate
control for temperature-sensitive goods.
(
c
) Secure
facilities for high-value cargo.
(
d
) Permitted
hazardous materials storage for hazmat materials.
(
e
) Specialized
facilities for livestock or other cargo with special needs.
8. If the cargo is perishable or time-sensitive
or the cargo is for medical, emergency or critical infrastructure purposes:
(
a
) expedite
notification to the cargo owner and facilitate expedited retrieval of the
cargo. The cargo owner may retrieve the cargo immediately on arrival
at the cargo's location, including outside normal business hours.
(
b
) If the
cargo owner cannot arrange immediate retrieval of the cargo, allow the cargo
owner to designate an alternative carrier or logistics provider to retrieve the
cargo.
I. The law enforcement agency or
impound facility shall immediately release the cargo to the cargo owner or an
authorized designee of the cargo owner and may not condition release of the
cargo on payment of any costs or resolution of any charges against the person
operating the commercial motor vehicle or motor carrier, on presentation of
both of the following:
1. Proof of ownership, including:
(
a
) the Bill of
lading that lists the person or entity as consignor, consignee or owner of the
cargo.
(
b
) the
Purchase order, invoice or receipt that shows ownership of the cargo.
(
c
) Any other
documentation that establishes ownership or right to possession of the cargo.
2. Proof of identity of the person
who is retrieving the cargo.
J. For the purposes of this section:
1. To fulFill any storage, handling,
NOTIFICATION or arrangement for storage of a commercial motor vehicle or any
cargo, the law enforcement agency may use:
(
a
) EXISTING
towing service contracts.
(
b
) Authorized
IMPOUNDMENT facilities.
(
c
) Third-party
storage providers.
(
d
) Any other
commercially available service provider capable of meeting the requirements of
this section.
2. Any notification required by this
section may be fulfilled by the law enforcement agency or by an authorized
impound facility or towing contractor acting on BEHALF of the law enforcement
agency.
3. A party required to be contacted
by this section may be deemed unreachable by telephone or email if:
(
a
) A telephone
number or email address is not found in shipping documents, vehicle
registration documents or other available documents.
(
b
) Two
telephone calls placed at least one hour apart are not answered.
(
c
) Any
voicemail or answering MACHINE MESSAGES are not returned within six hours for a
cargo owner or twenty-four hours for an owner or lien holder of a
COMMERCIAL motor vehicle.
(
d
) Any email
that is sent is returned as undeliverable.
(
e
) A RESPONSE
to an email is not received within six hours for a cargo owner or twenty-four
hours for an owner or lien holder of a COMMERCIAL motor vehicle.
K. It is an affirmative defense to
impoundment pursuant to this section if the motor carrier verified the person's
COMMERCIAL driver license through the commercial driver's license information
system that is maintained by the federal motor carrier safety administration
and the driver license was not suspended, revoked or disqualified at the time
of verification.
L. THIS SECTION SHALL NOT BE
CONSTRUED SO AS TO BROADEN THE CATEGORY OF PERSONS TO WHOM A NONDOMICILED
COMMERCIAL DRIVER LICENSE MAY BE ISSUED AND PROVIDES NO INDEPENDENT
AUTHORIZATION FOR THE ISSUANCE OF SUCH LICENSES.
END_STATUTE