28-5204. Administration and enforcement;
rules
(L08, Ch. 147, sec. 5)
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 that are subject to this
chapter.
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