Arizona Laws 28-5204. Administration and enforcement; rules
A. In the administration and enforcement of this chapter, the department of transportation shall adopt:
Terms Used In Arizona Laws 28-5204
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hazardous waste: means a material that is subject to the hazardous waste manifest requirements of the department of environmental quality or the United States environmental protection agency. See Arizona Laws 28-5201
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Manufacturer: means a person who transports or causes to be transported or shipped by a motor vehicle a material that is represented, marked, certified or sold by a person for transportation in commerce. See Arizona Laws 28-5201
- Motor carrier: means a person who operates or causes to be operated a commercial motor vehicle on a public highway. See Arizona Laws 28-5201
- Person: means a public or private corporation, company, partnership, firm, association or society of persons, the federal government and its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations or a natural person. See Arizona Laws 28-5201
- Shipper: means a person who offers a material for motor vehicle transportation in commerce. See Arizona Laws 28-5201
- Transportation: means a movement of person or property by a motor vehicle and any loading, unloading or storage incidental to the movement. See Arizona Laws 28-5201
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
1. Reasonable rules it deems proper governing the safety operations of motor carriers, including rules governing safety operations of motor carriers, shippers and vehicles transporting hazardous materials, hazardous substances or hazardous wastes and shall prescribe necessary forms. In determining reasonable rules, the department of transportation shall consider:
(a) The nature of the operations and regulation of public service corporations as defined in article XV, sections 2 and 10, Constitution of Arizona.
(b) Rules adopted by the director of environmental quality pursuant to section 49-855.
2. Rules necessary to enforce and administer this chapter, including rules setting forth reasonable procedures to be followed in the enforcement of this chapter and rules adopting transporter safety standards for hazardous materials, hazardous substances and hazardous waste. In adopting the rules, the department shall consider, as evidence of generally accepted safety standards, the publications of the United States department of transportation and the environmental protection agency.
B. Rules adopted by the department of transportation also apply to a manufacturer, shipper, motor carrier and driver.
C. The department of public safety shall and a political subdivision may enforce this chapter and any rule adopted pursuant to this chapter by the department of transportation. A person acting for a political subdivision in enforcing this chapter is required to be certified by the department of public safety as qualified for the enforcement activities.
D. The department may audit records and inspect vehicles that are subject to this chapter.