Ariz. Admin. Code § 17-5-211

Current through Register Vol. 30, No. 45, November 8, 2024

Section R17-5-211 - Motor Carrier Safety: Inspection, Enforcement, and Sanction

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.

B. Audits.

1. The Department may conduct an audit for cause or without cause.

2. The Department may enter the premises of any transporter for the purpose of conducting an audit.

3. The Department may inspect a motor vehicle:

a. Within Arizona at:

i. A transporter's place of business, or

ii. Any other in-state location, or

b. Outside Arizona at a transporter's place of business.

4. A transporter shall make records available for audit:

a. During the transporter's normal business hours, and

b. In a specific location as follows:

i. The transporter's Arizona place of business, or

ii. Either an Arizona location designated by the Director or the transporter's out-of-state place of business.

5. The Department shall charge a transporter in advance for all expenses to be incurred in performance of an out-of-state audit.

C. Violation notification. Within five days after audit completion, the Department shall notify an audited transporter in writing of all violations. The notification shall specify a deadline date for remedy of all violations.

D. Obligation to remedy violations. After receipt of a violation notification, a transporter shall remedy all violations by the specified date to comply with:

1.R17-5-201 through R17-5-209; and

2. A.R.S. Title 28, Chapter 14.

E. Noncompliance: Failure to remedy violations. If the Department determines a transporter does not remedy a violation by the date specified in a violation notice, the Department shall initiate further enforcement action as prescribed under A.R.S. §§ 28-5237 and 285238.

F. Danger to public safety. If the Director determines a written violation report establishes probable cause of danger to public safety, the Director shall issue an order by 5:00 p.m. the next business day suspending the Arizona registration of the motor vehicle owned or leased by the transporter, or a driver's Arizona driver license or nonresident driving privilege.

Ariz. Admin. Code § R17-5-211

New Section recodified from R17-4-439 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4259, effective September 13, 2001 (Supp. 01-3). 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 27 A.A.R. 2734, effective 11/2/2021.