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ARIZONA STATE SENATE

Forty-ninth Legislature, Second Regular Session

 

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. 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 be used only for the operation of a private motor carrier. Removes, within the definition, the requirement that a farm vehicle not be used for the operation of a common or contract motor carrier.

 

2.      Defines private motor carrier as any owner, lessee or bailee who transports their property using a commercial motor vehicle for the purpose of sale, lease, rent or bailment or in furtherance of a commercial enterprise.  

 

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.

 

House Action

 

TI             1/28/10      DPA      7-0-0-1

3rd Read    2/1/10                     55-1-4-0

 

Prepared by Senate Research

March 11, 2010

TD/FB/ly