2022 Arizona Revised Statutes
Title 28 - Transportation
§ 28-5241 - Out-of-service orders; violation; civil penalty; definition

28-5241. Out-of-service orders; violation; civil penalty; definition

A. A motor carrier shall not require or allow a driver:

1. To operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.

2. Who is subject to an out-of-service order to operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.

B. A driver:

1. Shall not operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.

2. Who is subject to an out-of-service order shall not operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.

C. Notwithstanding section 28-5240, subsection C, a violation of this section is a civil traffic violation.

D. The court shall impose:

1. On a driver who violates or fails to comply with an out-of-service order a civil penalty of:

(a) At least $2, 500 for an initial violation or failure.

(b) $5, 000 for a subsequent violation or failure.

2. A civil penalty of at least $2, 750 and not more than $25, 000 on a motor carrier that violates an out-of-service order or that requires or allows a driver to violate or fail to comply with an out-of-service order.

E. In addition to other penalties prescribed by this chapter, if a motor carrier or driver is found responsible for a violation of this section, the motor carrier or driver is subject to disqualification pursuant to section 28-3312.

F. For the purposes of this section, " out-of-service order" means a declaration by a specialty officer of the department or a law enforcement officer authorized pursuant to section 28-5204 that a driver, motor vehicle or motor carrier is out of service pursuant to this chapter.