Ariz. Admin. Code § R17-5-203 - Motor Carrier Safety: 49 CFR 390 - Federal Motor Carrier Safety Regulations; General

A. 49 CFR 390.3T, General applicability. Paragraph (a)(1) is amended to read:

Regulations incorporated in this subchapter are applicable to all motor carriers operating in Arizona and any vehicle owned or operated by the state, a political subdivision, or a state public authority that is used to transport a hazardous material in an amount requiring the vehicle to be placarded as prescribed under R17-5-209.

B. 49 CFR 390.5T, Definitions. The definitions listed under 49 CFR 390.5T are amended as follows:

"Commercial Motor Vehicle" or "CMV" has the same meaning as defined in A.R.S. § 28-5201.

"Emergency relief" is deleted.

"Shipper" has the same meaning as defined in A.R.S. § 28-5201.

"Special agent" means an officer or agent of the Department, the Arizona Department of Public Safety, or a political subdivision, who is trained and certified by the Arizona Department of Public Safety to enforce Arizona's Motor Carrier Safety requirements.

"State" means a state of the United States or the District of Columbia.

"Tow truck," as used in the definition of emergency under 49 CFR 390.5T, has the same meaning as defined in A.A.C. R13-3-701.

C. 49 CFR 390.19T, Motor carrier, hazardous material safety permit applicant/holder, and intermodal equipment provider identification reports. Paragraph (a)(1) is amended to read:

A U.S.-, Canada-, Mexico-, or non-North America-domiciled motor carrier conducting operations in interstate commerce or in intrastate commerce in a CMV must file a Motor Carrier Identification Report, Form MCS-150.

D. 49 CFR 390.23, Automatic relief from regulations. Paragraph (c) is amended to read:

Local emergencies. Sections 395.3 and 395.5 of this chapter shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by a Federal, State, or local government official having authority to declare an emergency or an emergency situation exists under A.R.S. § 28-5234(B) for the period of such assistance or five days from the date of the initial declaration of emergency, whichever is less. A motor carrier may request the exemption by contacting Commercial Vehicle Enforcement at the Arizona Department of Public Safety, Highway Patrol Division, P.O. Box 6638, Phoenix, AZ 85005. The Arizona Department of Public Safety may grant the exemption with or without restrictions as necessary to provide vital service to the public.

1. Paragraph (a)(2), Local emergencies, is amended by adding:

When a local emergency exists that justifies an exemption from parts 390 through 399 of this chapter, a motor carrier may request the exemption by contacting Commercial Vehicle Enforcement at the Arizona Department of Public Safety, Highway Patrol Division, P.O. Box 6638, Phoenix, AZ 85005. The Arizona Department of Public Safety may grant the exemption with or without restrictions as necessary to provide vital service to the public.

2. Paragraph (a)(2)(i)(A) is amended to read:

An emergency has been declared by a federal, state or local government official having authority to declare an emergency; or an emergency situation exists under A.R.S. § 28-5234(B) ; or

E. 49 CFR 390.25, Extension or modification of relief from regulations - emergencies. Paragraph (a) is amended by adding:

A motor carrier seeking to extend a period of relief from these regulations may request the extension by contacting Commercial Vehicle Enforcement at the Arizona Department of Public Safety, Highway Patrol Division, P.O. Box 6638, Phoenix, AZ 85005.

The Arizona Department of Public Safety may grant the extension with any restrictions it considers necessary to provide vital service to the public.

Notes

Ariz. Admin. Code § R17-5-203

New Section recodified from R17-4-435.01 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 9 A.A.R. 1867, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking at 11 A.A.R. 862, effective February 1, 2005 (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 1559, effective May 2, 2006 (Supp. 06-2). Amended by final rulemaking at 13 A.A.R. 2636, effective July 10, 2007 (Supp. 07-3). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 20 A.A.R. 2382, effective 8/5/2014. Amended by final rulemaking at 24 A.A.R. 1549, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021. Amended by final rulemaking at 31 A.A.R. 1958, effective 6/4/2025.