Assigned to NRIPD FOR CAUCUS & FLOOR ACTION ARIZONA STATE SENATE Forty-ninth Legislature, Second Regular Session AMENDED FACT SHEET FOR H.B. 2258 CDL exemptions; farm vehicles Purpose Modifies the definition of farm vehicle within the section of law that exempts drivers of certain vehicles from commercial driver license (CDL) requirements. Clarifies that an owner of a farm vehicle, who transports their property for commercial purposes, does not have to obtain a CDL in order to operate the farm vehicle, provided that the farm vehicle meets other current statutory requirements. Also, exempts a hay squeeze machine from vehicle, trailer or semitrailer registration requirements. Background Current law permits operators of authorized emergency, farm and recreational vehicles to drive those vehicles without obtaining a commercial driver license (A.R.S. § 28-3102). The Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD) issues a commercial driver license to an individual that is authorized to operate a class of commercial motor vehicles. Commercial motor vehicles are vehicles with a gross weight rating of 26,001 lbs. or more, buses, school buses, or vehicles that are used to transport hazardous materials (A.R.S. § 28-3001). Under current law, the term farm vehicle is defined as either a vehicle or combination of vehicles used for commercial farming or commercial stock raising and that meets the following requirements: 1) is controlled by the owner, owner’s family member or employee, 2) is used to transport agricultural products, machinery or supplies to or from a commercial farming or a commercial stock raising operation, 3) is used within 150 miles of the owner’s commercial farming or commercial stock raising operation, and 4) is not used in the operations of a common or contract motor carrier. A common or contract motor carrier is not currently defined in statute. Currently, a person is prohibited from operating, moving or leaving standing on a highway a motor vehicle, trailer or semitrailer unless that motor vehicle, trailer or semitrailer is registered with either ADOT or with another jurisdiction for the current registration year (A.R.S. § 28-2153). There is no anticipated fiscal impact to the state General Fund associated with this measure. Provisions 1. Modifies the definition of farm vehicle to include the requirement that a farm vehicle cannot be used for the operations of a for-hire motor carrier, as opposed to a common or contract motor carrier. 2. Defines for-hire motor carrier as a person who is engaged in and compensated directly for the transportation of goods and passengers. 3. Exempts a hay squeeze machine that is designed to load hay in an off-road situation from the registration requirements. 4. Makes technical and conforming changes. 5. Becomes effective on the general effective date. Amendments 1. Adds the requirement that a farm vehicle may not be used for the operations of a for-hire motor carrier. 2. Adds the for-hire motor carrier definition. House Action Senate Action TI 1/28/10 DPA 7-0-0-1 NRIPD 3/15/10 DPA 6-0-1-0 3rd Read 2/17/10 55-1-4-0 Prepared by Senate Research March 16, 2010 TD/FB/ly