Official Summary Text
SB1511 - 572R - Senate Fact Sheet
Assigned to
MABS������������������������������������������������������������������������������������������������������� AS
PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
S.B. 1511
commercial vehicles;
operator; lawful presence
(
NOW:
nondomiciled commercial drivers license; validity
)
Purpose
Prohibits a commercial motor vehicle operator who is issued a
nondomiciled commercial driver license (CDL) from operating in Arizona without
evidence of lawful immigration status or lawful presence in the United States, prescribes
penalties for failing to provide evidence that may include placing the driver
out-of-service and impounding the vehicle and its cargo, and outlines
procedures for out-of-service orders, the retrieval of impounded vehicles and cargo
and the payment of related charges and fees.
Background
����������� An applicant for a nondomiciled CDL who is
domiciled in a foreign jurisdiction must provide the following
evidence of
lawful immigration status
: 1) an unexpired foreign passport; and 2) an
unexpired Form I-94/94A issued by the U.S. Department of Homeland Security
(U.S. DHS) indicating a classification of temporary agricultural worker,
temporary non-agricultural worker or treaty investor
(
49
U.S.C. � 383.5
).
����������� An
out-of-service order
is a declaration by a specialty officer of the Arizona
Department of Transportation (ADOT) or an authorized law enforcement officer
that a driver, motor vehicle or motor carrier is out of service. A motor
carrier, shipper or manufacturer may not require or allow a driver: 1) who is
subject to an out-of-service order to operate a commercial motor vehicle until
the reason for the order has been remedied; or 2) to 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. A motor carrier, shipper or
manufacturer that violates an out-of-service order or requires or permits a
driver to violate an out-of-service order is subject to a civil penalty of at
least $2,750 but no more than $25,000. A driver of a commercial motor vehicle
that fails to comply with an out-of-service order is subject to a civil penalty
of at least $2,500 for an initial violation and $5,000 for a subsequent
violation (
A.R.S.
� 28-5241
).
A foreign
or foreign private motor carrier that is domiciled in Mexico must apply to the
Federal Motor Carrier Safety Administration (FMCSA) for a certificate of
registration to operate in U.S. municipalities on the U.S.-Mexico international
border or within the commercial zones of such municipalities and is subject to
a civil penalty of $1,000 for: 1) operating in Arizona without the certificate
in the vehicle; 2) operating beyond the limitations or restrictions specified
in the certificate as issued; 3) refusing to show the certificate on request of
a peace officer or an ADOT employee; or 4) providing point-to-point
transportation services in the United States for goods other than international
cargo that is incidental to the engagement of that vehicle in international
traffic. A law enforcement agency may impound a vehicle operated in
violation and its cargo until the citation and all related charges are cleared.
The impoundment charges are the responsibility of the vehicle's owner (
A.R.S.
� 28-5244
;
49
U.S.C. � 368.1
).
����������� There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1.
Prohibits a person who is issued a nondomiciled CDL from operating a
commercial motor vehicle in Arizona, unless the person can provide:
a)
an
unexpired foreign passport and unexpired Form I-94/94A issued by the U.S. DHS indicating
a classification of temporary agricultural worker, temporary non-agricultural
worker or treaty investor as evidence of lawful immigration status; or
b)
outlined
acceptable documentation of citizenship or alien status required for licensure
in Arizona as evidence of lawful presence in the United States.
2.
Allows a law enforcement officer to request evidence of lawful
immigration status or lawful presence in the United States from a person
operating a commercial motor vehicle with a nondomiciled CDL.
3.
Requires, if a commercial motor vehicle operator with a nondomiciled CDL
fails to provide evidence, the law enforcement officer or the officer's law
enforcement agency to:
a)
issue
a citation;
b)
impose
a civil penalty of up to $500; and
c)
report
the violation to FMCSA and the jurisdiction that issued the person's CDL.
4.
Allows a law enforcement officer or an officer's law enforcement agency
to place a driver who fails to provide evidence of lawful immigration status or
lawful presence in the United States on an out-of-service order.
5.
Instructs the law enforcement officer, if the person operating the
commercial motor vehicle is placed out-of-service, to document the CDL
information and immediately report the
out-of-service order to:
a)
the
jurisdiction that issued the person's CDL;
b)
the FMCSA
through the CDL Information System or other appropriate federal reporting
mechanisms; and
c)
the
motor carrier that exercised operational control of the commercial motor
vehicle at the time of the stop.
6.
Requires, within 24 hours after the motor carrier receives notification
that a person was placed out-of-service, the motor carrier that
exercised operational control of the commercial motor vehicle at the time of
the stop to arrange either:
a)
a
replacement person to operate the vehicle who can provide evidence of lawful
immigration status or lawful presence in the United States if that person is
issued a nondomiciled CDL; or
b)
the removal
of the vehicle from the roadway by the motor carrier or vehicle owner.
7.
Allows a law enforcement agency to impound a commercial motor vehicle that
is not removed from the roadway within 24 hours for a period of up to 30 days.
8.
Requires the law enforcement agency, within 24 hours after impoundment,
to notify the commercial motor vehicle owner and any lien holders of record of
the vehicle by telephone or email.
9.
Requires the law enforcement agency, if the owner or lien holders of the
commercial motor vehicle is deemed unreachable by telephone or email, to
provide notice by certified mail within 72 hours after impoundment.
10.
Stipulates
that the notification must include:
a)
the
location and contact information for retrieval of the impounded vehicle;
b)
a
list of the required documents needed to retrieve the vehicle;
c)
information
regarding the retrieval procedures for lessors; and
d)
a
statement of impoundment charges and responsibility for payment.
11.
Specifies
that if the commercial motor vehicle is operated under a lease agreement:
a)
the
lessee or motor carrier is solely responsible for all impoundment, towing and
storage charges; and
b)
the
law enforcement agency or impound facility must release the vehicle to the
lessor on presentation of both:
i.
proof of ownership, including title, registration or other documentation
showing the lessor holds legal title to the vehicle; and
ii.
a copy of the lease agreement or other documentation that shows the
vehicle was leased to the motor carrier at the time of the violation.
12.
Asserts
that prescribed requirements for operating a commercial motor vehicle with a
nondomiciled CDL in Arizona does not allow for the impoundment of any cargo
owned by a third party.
13.
Requires,
if the commercial motor vehicle was transporting cargo at the time the person
operating the vehicle was placed out-of-service, the law
enforcement agency to:
a)
immediately
make reasonable efforts to identify and contact the cargo owner;
b)
notify
the cargo owner by:
i.
telephone, email or other available means within 4 hours after the
commencement of any stop that results in the out-of-service placement of the
person operating the vehicle carrying the cargo; and
ii.
if the owner is deemed unreachable, certified mail within 48 hours after
the commencement of a stop that results in the out-of-service placement of the
person operating the vehicle carrying the cargo;
c)
provide
notification to the owner that includes the cargo's location, contact
information and a list of the required documents needed to retrieve the cargo
and a statement that the retrieval of the cargo is at no charge to the cargo
owner;
d)
provide
reasonable assistance for cargo loading and transfer;
e)
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; and
f)
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.
14.
Specifies
that the immediate and reasonable efforts made by a law enforcement agency to
identify and contact the cargo owner may include:
a)
reviewing
bills of lading, shipping manifests or delivery documents located in the
impounded vehicle;
b)
information
provided by the motor carrier or the person operating the vehicle; and
c)
contact
information on cargo packaging or documentation.
15.
Requires,
if the commercial motor vehicle was transporting cargo that is perishable or
time sensitive or is for medical, emergency or critical infrastructure purposes
at the time the person operating the vehicle was placed out-of-service,
the law enforcement agency to:
a)
expedite
notification to the cargo owner and facilitate expedited retrieval of the cargo;
and
b)
if
the cargo owner cannot arrange immediate retrieval of the cargo, allow the
owner to designate an alternative carrier or logistics provider to retrieve the
cargo.
16.
Determines
that the appropriate storage of the cargo may include:
a)
refrigeration
for perishable goods and climate control for temperature-sensitive goods;
b)
permitted
hazardous materials storage for hazmat materials; and
c)
secure
facilities for high value cargo and specialized facilities for livestock or
other cargo with special needs.
17.
Authorizes
the cargo owner to:
a)
bring
equipment or transportation to aid in the loading and transfer of the cargo;
and
b)
retrieve
cargo that is perishable or time sensitive or is for medical, emergency or
critical infrastructure purposes immediately on arrival at the cargo's
location, including outside normal business hours.
18.
Stipulates
that the law enforcement agency or impound facility must immediately release
the cargo to the cargo owner or an authorized designee of the 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:
a)
proof
of identity of the person who is retrieving the cargo; and
b)
proof
of ownership, including:
i.
the bill of lading that lists the person or entity as consignor,
consignee or owner of the cargo;
ii.
the purchase order, invoice or receipt that shows ownership of the cargo;
and
iii.
any other documentation that establishes ownership or right to
possession of the cargo.
19.
Authorizes
an impound facility to pursue collection of all fees or charges from the lessee
or motor carrier through normal collection processes.
20.
Designates
the motor carrier or lessee of the commercial motor vehicle as solely
responsible for:
a)
all
impoundment, towing and storage charges for
the
vehicle;
b)
any
charges related to the unloading, handling, appropriate storage and transfer of,
and administrative or other fees related to the cargo the vehicle was carrying
at the time of the violation; and
c)
any
costs incurred for notification provided by certified mail.
21.
Specifies that the costs
incurred for notification provided by certified mail to a cargo owner is the
responsibility of the motor carrier and must be added to any impoundment
charges.
22.
States that it is an
affirmative defense to impoundment if the motor carrier verified the person's
CDL through the CDL Information System that is maintained by the FMCSA and the
CDL was not suspended, revoked or disqualified at the time of verification.
23.
Allows
a law enforcement agency to use the following to fulfill any storage, handling,
notification or arrangement for storage of a commercial motor vehicle or any
cargo:
a)
existing
towing service contracts;
b)
authorized
impoundment facilities;
c)
third
party storage providers; and
d)
any other capable and commercially available service provider.
24.
Authorizes any required notification
to be fulfilled by the law enforcement agency or by an authorized impound
facility or towing contractor acting on behalf of the law enforcement agency.
25.
Allows
a party that is required to be contacted as prescribed to 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 1 hour apart are not answered;
c)
any
voicemail or answering machine messages are not returned within 6 hours for a
cargo owner or 24 hours for an owner or lien holder of a commercial motor
vehicle;
d)
any
email that is sent is returned as undeliverable; or
e)
a response to an email is not received within 6 hours for a cargo owner
or 24 hours for an owner or lien holder of a commercial motor vehicle.
26.
Asserts that the prescribed
requirements for nondomiciled CDL drivers:
a)
may not be construed so as to broaden the category of persons to whom a
nondomiciled CDL may be issued; and
b)
provide no independent authorization for the issuance of nondomiciled
CDLs.
27.
Becomes effective on the
general effective date.
Amendments
Adopted by
Committee of the Whole
1.
Restricts
the prohibition to commercial motor vehicle operators who are issued
nondomiciled CDLs.
2.
Expands
the acceptable evidence an operator must provide to include evidence of lawful
immigration status.
3.
Requires
a law enforcement officer or agency to issue a citation, impose a civil penalty
and report the violation to outlined entities if an operator fails to provide
evidence.
4.
Allows,
rather than requires, the impoundment of the commercial motor vehicle of an operator
who fails to provide evidence.
5.
Makes
technical and conforming changes.
Amendments
Adopted by
the House of Representatives
1.
Allows a law enforcement officer or agency to place a driver who fails
to provide evidence of lawful immigration status or lawful presence in the
United States on an out-of-service order.
2.
Allows a law enforcement officer or agency to impound a commercial motor
vehicle and its cargo if the vehicle is not removed from the roadway within 24
hours of notification, rather than if the operator of the vehicle fails to
provide evidence of lawful immigration status or lawful presence in the United
States.
3.
Outlines procedural and notification requirements and authorizations for:
a)
placing
a person out-of-service;
b)
the
retrieval of cargo from an impounded commercial motor vehicle that was
transporting cargo at the time the operator was placed out-of-service; and
c)
the
payment of related charges and fees.
4.
Makes technical and conforming changes.
Senate Action
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House
Action
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*On
reconsideration
Prepared by
Senate Research
June 12, 2026
KJA/ci
Current Bill Text
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