Arizona § 28-5241 Out-of-service orders; violation; classification; civil penalty; attorney general enforcement; definition

Arizona Statutes

§ 28-5241 — Out-of-service orders; violation; classification; civil penalty; attorney general enforcement; definition

Arizona § 28-5241

Title 28Arizona Revised Statutes

Ch. 14MOTOR CARRIER SAFETY

Art. 2Regulation

This text of Arizona § 28-5241 (Out-of-service orders; violation; classification; civil penalty; attorney general enforcement; definition) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 28-5241 (2026).

Text

A.A driver, motor carrier, shipper or manufacturer that violates an out-of-service order is guilty of:

1.A class 2 misdemeanor for a first offense.

2.A class 1 misdemeanor for a second offense.

3.A class 6 felony for any subsequent offense.

B.The attorney general may enforce this section.

C.A motor carrier, shipper or manufacturer 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.

D.A driver:

1.Shall not operate a commercial motor vehicle that is subject to an out-of-se

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A. A driver, motor carrier, shipper or manufacturer that violates an out-of-service order is guilty of:

1. A class 2 misdemeanor for a first offense.

2. A class 1 misdemeanor for a second offense.

3. A class 6 felony for any subsequent offense.

B. The attorney general may enforce this section.

C. A motor carrier, shipper or manufacturer 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.

D. 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.

E. In addition to the civil penalties imposed by section 28-5240, and the criminal penalties imposed by this section, a violation of this section is a civil traffic violation.

F. 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, shipper or manufacturer 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.

G. In addition to other penalties prescribed by this chapter, if a motor carrier, shipper, manufacturer 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.

H. 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.