28-5204 - Arizona Statutes

28-5204. Administration and enforcement; rules; exemption (L08, Ch. 142, sec. 10) A. In the administration and enforcement of this chapter, the department of transportation shall adopt: 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 transporting hazardous materials, hazardous wastes and hazardous substances as prescribed in title 49. E. This section does not apply to a lightweight motor vehicle that is carrying hazardous materials and that is not required by the department to be marked or placarded.