28-5244

28-5244. Motor carriers; civil penalty;
definition

A. Notwithstanding any other law, A foreign motor carrier or foreign private motor
carrier that is required to have a certificate of registration issued by the United
States secretary of the Department of Transportation pursuant to 49 Code of Federal
Regulations sections 368.1 through 368.8 shall not do any of the following:

1. Operate in this state without the required certificate in the vehicle.

2. Operate beyond the limitations or restrictions specified in the certificate as
issued.

3. Refuse to show the certificate on request of a peace officer or an employee of
the department.

4. Provide point-to-point transportation services, including express delivery
services, in the United States for goods other than international cargo that is
incidental to the engagement of that vehicle in international traffic. Any such carriage
by the motor carrier in the general direction of an export move or as a part of the
return of the vehicle to its base country shall be considered incidental to that
vehicle's engagement in international traffic.

B. Notwithstanding any other law, a motor carrier that is required to be registered
with the United States secretary of the department of transportation pursuant to 49
United States Code section 13902 or 49 Code of Federal Regulations sections 390.1 through
390.37 shall not do any of the following:

1. Operate in this state without the required registration.

2. Operate beyond the limitations or restrictions specified in its registration.

3. Operate in this state without the required operating authority.

C. A motor carrier that violates subsection A or B is subject to a civil penalty of
one thousand dollars.

D. A law enforcement agency may impound a vehicle operated in violation of
subsection A or B and its cargo until the citation and all charges related to the
impoundment are cleared. The impoundment charges are the responsibility of the vehicle's
owner.

E. A motor carrier granted permanent operating authority pursuant to 49 Code of
Federal Regulations sections 368.1 through 368.8 shall not operate a vehicle on a highway
unless the vehicle is inspected by a Commercial vehicle safety alliance-certified
inspector at least every three months and shall display a current safety inspection decal
attesting to the successful completion of those inspections for at least three years
after receiving permanent operating authority.

F. Subsection E does not apply to a motor carrier that is granted authority to
operate solely in a commercial zone on the United States-Mexico international border.

G. For the purposes of this section, "limitations or restrictions" includes
commercial zones, municipality, contiguous municipalities, unincorporated area, and
terminal areas, as defined in 49 Code of Federal Regulations sections 372.101 through
372.221.