§ 42-20-105 — Enforcement

(1) The provisions of parts 1, 2, and 3 of this article
relating to the transportation of hazardous materials by motor vehicle may only be
enforced by an enforcement official.

(2) Any enforcement official shall have the authority to issue penalty
assessments for the misdemeanor traffic offenses specified in sections 42-20-204
(1) and 42-20-305 (2). At any time that a person is cited for a violation of any of the
offenses specified, the person in charge of or operating the motor vehicle involved
shall be given a notice in the form of a penalty assessment notice. Such notice shall
be tendered by the enforcement official and shall contain the name and address of
such person, the license number of the motor vehicle involved, if any, the number of
such person's driver's license, the nature of the violation, the amount of the penalty
prescribed for such violation, the date of the notice, a place for such person to
execute a signed acknowledgment of receipt of the penalty assessment notice, a
place for such person to execute a signed acknowledgment of guilt for the cited
violation, and such other information as may be required by law to constitute such
notice as a summons and complaint to appear in court should the prescribed
penalty not be paid within twenty days. Every cited person shall execute the signed
acknowledgment of receipt of the penalty assessment notice. The acknowledgment
of guilt shall be executed at the time the cited person pays the prescribed penalty.
The person cited shall pay the specified penalty at the office of the department of
revenue, either in person or by postmarking such payment within twenty days after
the citation. The department of revenue shall accept late payment of any penalty
assessment up to twenty days after such payment becomes due. If the person cited
does not pay the prescribed penalty within twenty days of the notice, the penalty
assessment notice shall constitute a summons and complaint to appear in the
county court of the county in which the penalty assessment was issued at a time
and place specified by the notice, unless payment for such penalty assessment has
been accepted by the department of revenue as evidenced by receipt.

(3) All enforcement officials may, at their discretion and in lieu of issuing the
penalty assessments pursuant to subsection (2) of this section, issue warning
citations to persons who violate the provisions of part 1, 2, or 3 of this article.

(4) Enforcement of any law relating to the fixed-site storage or use of
hazardous materials shall not be affected by the provisions of part 1, 2, or 3 of this
article.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2518, � 1, effective January 1, 1995. L. 2000: (2) amended, p. 1651, � 47, effective June 1. L. 2003: (1) amended, p. 664, � 2, effective August 6. L. 2006: (1) amended, p. 1064, � 2, effective July 1.