A.R.S. tit. 28 ch. 14 — Arizona Revised Statutes Title 28 Chapter 14 — Motor Carrier Safety

28-5201. Definitions In this chapter, unless the context otherwise requires: 1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise on a highway in this state, that is not exempt from the gross weight fees as prescribed in section 28-5432, subsection B and that includes any of the following: (a) A single vehicle or combination of vehicles that has either a gross vehicle weight rating or a gross weight of twenty-six thousand one or more pounds, whichever is greater, and that is used for the purposes of intrastate commerce. (b) A single vehicle or combination of vehicles that has a gross vehicle weight rating of ten thousand one or more pounds and that is used for the purposes of interstate commerce. (c) A school bus. (d) A bus. (e) A vehicle that transports passengers for hire and that has a design capacity for nine or more persons. (f) A vehicle that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation authorization act of 1994 (49 United States Code sections 5101 through 5128) and that is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to this chapter. 2. "Declared gross weight" has the same meaning prescribed in section 28-5431. If a declaration has not been made, declared gross weight means gross weight. 3. "Gross weight" has the same meaning prescribed in section 28-5431. 4. "Hazardous material" means a substance that has been determined by the United States department of transportation under 49 Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property if transported in commerce. 5. "Hazardous substance" means a material and its mixtures or solutions that have been determined by the United States department of transportation under 49 Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property if transported in commerce. 6. "Hazardous waste" means a material that is subject to the hazardous waste manifest requirements of the department of environmental quality or the United States environmental protection agency. 7. "Manufacturer" means a person who transports or causes to be transported or shipped by a motor vehicle a material that is represented, marked, certified or sold by a person for transportation in commerce. 8. "Motor carrier" means a person who operates or causes to be operated a commercial motor vehicle on a public highway. 9. "Motor vehicle" means any vehicle, machine, truck tractor, trailer or semitrailer that is propelled or drawn by mechanical power and that is used on a public highway in the transportation of passengers or property in the furtherance of a commercial enterprise. 10. "Person" means a public or private corporation, company, partnership, firm, association or society of persons, the federal government and its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations or a natural person. 11. "Public highway" means a public street, alley, road, highway or thoroughfare of any kind in this state that is used by the public or that is open to the use of the public as a matter of right, for the purpose of vehicular travel. 12. "Shipper" means a person who offers a material for motor vehicle transportation in commerce. 13. "Transportation" means a movement of person or property by a motor vehicle and any loading, unloading or storage incidental to the movement. 14. "Vehicle combination" has the same meaning prescribed in section 28-5431. 28-5202. Applicability A. Except as otherwise provided, this chapter applies to all commercial motor vehicles, commercial motor vehicle combinations and manufacturers, shippers, motor carriers and drivers who operate, cause the operation of, ship materials using or transport persons or property using commercial motor vehicles. B. Commercial vehicles owned or operated by this state or a political subdivision or public authority of this state are subject to this chapter. C. This chapter applies throughout this state for the purpose of enforcing state and federal laws and rules relating to the operation of commercial motor vehicles. D. Any city, town, county or other political subdivision of this state shall not adopt or implement a law or rule relating to hazardous materials, hazardous substances or hazardous wastes other than as authorized by this chapter. 28-5203. Motor carrier safety revolving fund A. A motor carrier safety revolving fund is established consisting of monies appropriated to the fund by the legislature, monies deposited pursuant to this chapter and monies received from private grants or donations if so designated by the grantor or donor. B. Monies in the fund are a continuing appropriation to the department to be used by the department, the attorney general and the department of public safety to carry out this chapter. The director shall distribute monies in the fund. C. The director of the department of transportation shall make a full accounting of the use of the fund to the director of the department of administration annually or as required by the director of the department of administration. D. The motor carrier safety revolving fund is exempt from the provisions of section 35-190 relating to lapsing of appropriations. 28-5204. Administration and enforcement; rules 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. 28-5231. Records requirements; inspection A. For the purpose of enforcement of this chapter, a manufacturer, shipper and motor carrier shall maintain and keep within this state books, records and other data as required by the department. The manufacturer, shipper or motor carrier shall not destroy the books, records and other data for a period of three years. B. During usual business hours or at any time if the cause is to protect the public safety, the manufacturer, shipper or motor carrier shall allow employees of the department of public safety or the department of transportation to inspect the books, records or other data. C. To verify the truth and accuracy of a statement, report or return and to determine compliance with safety rules imposed under this chapter, an officer of the department of public safety or any peace officer, during usual business hours or at any time if the cause is to protect the public safety, may examine: 1. Records, books or other data required to be kept by a manufacturer, shipper or motor carrier under this chapter. 2. Equipment and facilities pertinent to the operation. 3. Other books of account, records and data kept by the manufacturer, shipper or motor carrier in any other business in which the manufacturer, shipper or motor carrier also engages. 28-5232. Danger to public safety; suspension of registration or license; civil penalty; hearing; reinstatement A. If after reviewing a report submitted by a law enforcement agency authorized to enforce this chapter the director determines that probable cause exists to believe that the continued operation by a manufacturer, shipper or motor carrier or the continued operation of a motor vehicle by a driver constitutes a danger to the public safety, the director shall issue both: 1. An order immediately imposing either of the following: (a) Suspension of the registration of the motor vehicle owned or leased by the manufacturer, shipper or motor carrier. (b) Suspension of the driver license or nonresident operating privilege of a driver. 2. An order to require the manufacturer, shipper, motor carrier or driver to show cause why the director should not impose a civil penalty and to show cause why the director should not continue the registration or license suspension. B. The manufacturer, shipper, motor carrier or driver shall respond to the order to show cause at a hearing held not more than sixty days after service of written notice. The director shall send the notice by certified mail to the address provided to the department in the law enforcement agency's report alleging the safety danger or to the address provided in the application for vehicle registration or in the notification provided by an interstate carrier. C. The scope of the hearing is limited to the following: 1. A determination that the respondent was operating on the public highway and that the operation constituted a danger to the public safety. 2. That the respondent ordered to appear at the hearing is responsible for the danger and is responsible under this title or a rule adopted under this title to prevent the danger or to remedy the danger. D. After consideration of the evidence presented at the hearing, the director shall serve written notice of the director's finding and order within five days after the hearing. If the director enters a finding of responsibility, the director shall continue the suspension of the vehicle registration of the vehicles owned or leased by the manufacturer, shipper or motor carrier or shall continue the suspension of the driver license or nonresident operating privilege of the driver. A rehearing or a request for a rehearing on the matter does not stay the suspension of the vehicle registration or driver license or nonresident operating privilege. E. If the director enters a finding of responsibility, the director shall impose a civil penalty as prescribed in section 28-5238. F. The director shall not reinstate the registration of the motor vehicle owned or leased by the manufacturer, shipper or motor carrier or the driver license or nonresident operating privilege of the driver until all of the following are met: 1. The department of public safety or the law enforcement agency originally submitting the report provides in writing to the director that, if applicable, the cause for the finding of responsibility has been remedied. 2. All fees prescribed by statute to reinstate the vehicle registration or driving privileges are paid. 3. A civil penalty that has been imposed is paid. G. If the manufacturer, shipper, motor carrier or driver fails to appear for a hearing, in addition to any other remedies provided by law, the director shall continue the suspension of the registration of the motor vehicle owned or leased by the manufacturer, shipper or motor carrier or the driver license or the nonresident operating privilege of the driver. The director shall not remove the suspension until the manufacturer, shipper, motor carrier or driver appears for the hearing and all of the conditions prescribed in subsection F of this section are met. 28-5234. Exemption from rules on drivers' qualification and hours of service; definitions A. If the department adopts 49 Code of Federal Regulations parts 390 through 397 as a rule, a telecommunications corporation engaged in rendering public utility service or a railroad and its employees whose work necessarily involves the operation of a motor vehicle weighing more than eighteen thousand pounds gross vehicle weight rating but which operation is only incidental to the performance of their principal nondriving duties and purpose of employment are exempted from compliance with 49 Code of Federal Regulations parts 391 and 395, except that 49 Code of Federal Regulations part 391, subparts A and E apply unless it is the practice of the telecommunications corporation engaged in rendering public utility service or the railroad to assign regular drivers, qualified in accordance with 49 Code of Federal Regulations parts 390 through 397, to motor vehicles weighing more than eighteen thousand pounds gross vehicle weight rating, and if such driver becomes unavailable or unable to operate the motor vehicle on a given occasion due to an unavoidable or unforeseen circumstance against which provisions could not be reasonably made, compliance with 49 Code of Federal Regulations parts 391 and 395 is not required. B. A person who is an employee of a public service corporation, a political subdivision of this state that is engaged in rendering public utility service or a railroad is exempt from any hours of service requirements at any time when relief assistance is needed to supplement state or local efforts and capabilities to save lives, protect against substantial loss of property, protect the public health and safety or lessen or avert the consequence of a catastrophe. If an emergency respondent independently identifies an occasion or instance that jeopardizes life or property or that endangers public health and safety, an emergency situation exists, and the respondent is exempt from any hours of service requirements if the respondent contacts with due diligence and coordinates with state or local officials. C. The following intrastate drivers may begin to calculate hours of service requirements at any point at which the driver goes on duty after the driver has been off duty for twenty-four or more consecutive hours: 1. Drivers who are primarily involved in the transportation of groundwater drilling rigs. 2. Drivers used primarily in the transportation of construction materials and equipment en route to or from an active construction site that is within a seventy-five air mile radius of the driver's normal work reporting location and is at a stage between initial mobilization of equipment and materials to the site and final completion of the construction project. This paragraph does not apply to drivers transporting hazardous materials in a quantity that requires placarding. 3. Drivers of public utility service vehicles that are operated primarily within the service area of the public utility's subscribers, that are used in furtherance of repairing, maintaining or operating any physical facilities necessary for the delivery of public utility services and that are engaged in any activity necessarily related to the ultimate delivery of public utility services to the consumer, including travel to, from, on or between activity sites. The public utility is not required to be the owner of the vehicle. D. For the purposes of this section: 1. "Public service corporation" means a public service corporation as defined in article XV, section 2, Constitution of Arizona. 2. "Railroad" means a railway or railroad that is regulated as a common carrier under article XV, section 10, Constitution of Arizona, and that is subject to title 40, chapter 4, article 3. 3. "Telecommunications corporation" means an entity as defined in section 40-201 that is subject to regulation by the corporation commission. 28-5235. Notification; denial of vehicle registration and operating privileges; audits A. A person who owns or leases a vehicle transporting hazardous materials, hazardous substances or hazardous wastes shall notify the director of all vehicles transporting the materials, substances or wastes in a manner prescribed by the director. Each notification shall contain the name and current address of the person transporting the materials, substances or wastes and other information the department requires by rule. B. The department may deny the vehicle registration, the operating privilege or the nonresident operating privilege for any of the following reasons: 1. Failure to pay any applicable fees. 2. Misrepresentation in the application or notification. 3. Failure to comply with the rules of the department. 4. Failure to make vehicles available for inspection or to make records available for audit. 5. Revocation of an operating privilege within the preceding twelve months. C. The department shall provide for compliance audits pursuant to this chapter and rules adopted pursuant to this chapter. The department of transportation shall provide for reciprocity of audits with the department of public safety and the United States department of transportation. 28-5236. Violations; inspection; material containment A. A person shall not operate a vehicle that transports hazardous materials, hazardous substances or hazardous wastes on a highway in this state unless the vehicle has been properly inspected pursuant to 49 Code of Federal Regulations. B. A person shall not transport or cause the transportation of hazardous materials, hazardous substances or hazardous wastes unless the material is properly contained and manifested as prescribed by applicable statutes and rules. 28-5237. Noncompliance; hearing; suspension of registration or license; civil penalty A. The director may conduct a hearing if a law enforcement agency authorized to enforce this chapter alleges that probable cause exists that a manufacturer, shipper, motor carrier or driver refuses to comply with section 28-5231 or has failed to comply with this chapter or a rule adopted pursuant to this chapter. B. If after reviewing the allegations the director determines that probable cause exists to believe that the manufacturer, shipper, motor carrier or driver is responsible, the director shall issue an order to show cause why the director should not impose any of the following: 1. A suspension of the registrations of any motor vehicles owned or leased by the manufacturer, shipper or motor carrier. 2. A suspension of the driver license or nonresident operating privilege of a driver. 3. A civil penalty on the manufacturer, shipper, motor carrier or driver. C. The manufacturer, shipper, motor carrier or driver shall respond to the order at a hearing held not more than sixty days after service of written notice. The director shall send the notice by certified mail to the address provided to the department in the agency's report alleging the noncompliance. D. A finding of responsibility requires that all of the following conditions exist, and the hearing is limited to the following: 1. The respondent refuses to comply with the requirements of section 28-5231 or failed to comply with any other provision of this chapter or a rule adopted pursuant to this chapter. 2. The respondent ordered to appear at the hearing is responsible for the noncompliance and is responsible under this chapter or a rule adopted pursuant to this chapter to effect compliance or to remedy the noncompliance. 3. The law enforcement agency submitting the report served written notice on the respondent that noncompliance exists. 4. A reasonable period of time of at least ten but not more than thirty days has been provided to attain compliance. 5. The department of public safety or the department of transportation performed a follow-up inspection or audit. 6. The inspection or audit shows that compliance was not subsequently attained. E. After consideration of the evidence presented at the hearing and within five days after the hearing, the director shall serve notice of the director's finding and order. If the director enters a finding of responsibility, the director shall both: 1. Impose a civil penalty as prescribed in section 28-5238. 2. Suspend the registrations of any motor vehicles owned or leased by the manufacturer, shipper or motor carrier or suspend the driver license or nonresident operating privilege of a driver. F. If the manufacturer, motor carrier, shipper or driver fails to appear for a hearing, in addition to any other remedies provided by law, the director shall suspend the registrations of any motor vehicles owned and leased by the manufacturer, shipper or motor carrier or the driver license or the nonresident operating privilege of the driver. The director shall not remove the suspension until the manufacturer, motor carrier, shipper or driver appears for the hearing and all fees required to reinstate vehicle registration or driving privileges prescribed by statute are paid. 28-5238. Civil penalty schedule; suspension of registration or license; reinstatement; enforcement A. If the director imposes a civil penalty on the manufacturer, motor carrier, shipper or driver, the civil penalty is determined pursuant to the following schedule: 1. A minimum civil penalty of one thousand dollars but not more than five thousand dollars, or if the director determines that the manufacturer, motor carrier, shipper or driver failed to attain compliance with a rule relating to hazardous materials, hazardous substances or hazardous wastes, a minimum civil penalty of five thousand dollars but not more than twenty-five thousand dollars. 2. For a second finding of responsibility within a sixty month period involving the same manufacturer, motor carrier, shipper or driver and the same class of violation, as prescribed by subsection E of this section, either: (a) A minimum civil penalty of five thousand dollars but not more than ten thousand dollars. (b) If the director determines that the manufacturer, motor carrier, shipper or driver failed to attain compliance with a rule relating to hazardous materials, hazardous substances or hazardous wastes, a minimum civil penalty of ten thousand dollars but not more than twenty-five thousand dollars. 3. For a third and any subsequent finding of responsibility within a sixty month period involving the same manufacturer, motor carrier, shipper or driver and the same class of violation, as prescribed by subsection E of this section, either: (a) A minimum civil penalty of ten thousand dollars but not more than twenty-five thousand dollars. (b) If the director determines that the manufacturer, motor carrier, shipper or driver failed to attain compliance with a rule relating to hazardous materials, hazardous substances or hazardous wastes, a minimum civil penalty of fifteen thousand dollars but not more than twenty-five thousand dollars. B. On the third and any subsequent finding of responsibility within a sixty month period involving the same manufacturer, motor carrier, shipper or driver and the same class of violation, in addition to imposing the civil penalties prescribed in subsection A, paragraph 3 of this section, the director shall suspend the registrations of any motor vehicles owned or leased by the manufacturer, shipper or motor carrier or the driver license or nonresident operating privilege of the driver for thirty days, except that in the case of noncompliance the suspension may exceed thirty days until the department of public safety states in writing to the director of the department of transportation that the cause for the finding of responsibility has been remedied. C. The manufacturer, motor carrier, shipper or driver shall pay the civil penalty imposed in the order to the department no later than ten days after the order is final. D. If a civil penalty is imposed and if the civil penalty is not paid when due, the director shall suspend the registrations of any motor vehicles owned or leased by the manufacturer, shipper or motor carrier or shall suspend the driver license or nonresident operating privilege of the driver. E. For the purpose of determining the amount of civil penalty for repeat findings of responsibility for the same class of violation, the director may adopt rules categorizing violations of this chapter or violations of rules adopted under this chapter into the following classes: 1. Equipment. 2. Commodities transport, including hazardous materials, hazardous substances or hazardous wastes. 3. Driver, shipper or manufacturer records or requirements. 4. Other records. F. In addition to any other requirements imposed in this section, the director shall not reinstate any suspended registrations of the motor vehicles of the manufacturer, shipper or motor carrier or any suspended driver license or nonresident operating privilege of the driver, manufacturer, shipper or motor carrier until both of the following conditions are met: 1. All fees prescribed by statute to reinstate the vehicle registration or driving privileges are paid. 2. Any civil penalty that has been imposed is paid. G. The director shall immediately deposit, pursuant to sections 35-146 and 35-147, all monies from civil penalties imposed under this chapter in the motor carrier safety revolving fund established by section 28-5203. H. A city, town or county shall not enact an ordinance or resolution imposing civil penalties against any shipper, manufacturer or motor carrier for a motor carrier safety violation. I. The attorney general shall enforce this section. 28-5239. Judicial review Decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6. The court shall consider only evidence that was presented at the original hearing. 28-5240. Civil traffic violation; civil penalty A. An equipment violation of this chapter or any rule adopted pursuant to this chapter is a civil traffic violation. B. The driver of a commercial motor vehicle who violates or fails to comply with this chapter or any rule adopted pursuant to this chapter is responsible for a civil traffic violation and is subject to a civil penalty of up to $500. 28-5241. Out-of-service orders; violation; classification; civil penalty; attorney general enforcement; definition 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. 28-5242. Registration requirements; interstate or foreign commerce; enforcement; civil penalty; violation; classification A. A motor carrier shall not operate in this state a motor vehicle involved in interstate or foreign commerce or require or allow a driver to operate a motor vehicle involved in interstate or foreign commerce unless the motor carrier is registered pursuant to 49 United States Code sections 13901 and 13902. A motor carrier domiciled outside of the United States shall have proof of the registration in the vehicle when operating in this state. B. A motor carrier shall not operate in this state a motor vehicle involved in interstate or foreign commerce or require or allow a driver to operate a motor vehicle involved in interstate or foreign commerce beyond the scope of the motor carrier's registration issued pursuant to 49 United States Code sections 13901 and 13902. C. A person who violates subsection A or B of this section is subject to a civil penalty of $500. D. The department or a law enforcement officer authorized pursuant to section 28-5204 may place a motor vehicle under an out-of-service order until either the cargo is removed from the vehicle or the officer obtains proof that the motor carrier is registered pursuant to 49 United States Code sections 13901 and 13902. E. A motor carrier shall not operate a motor vehicle or allow a driver to operate a motor vehicle subject to an out-of-service order issued pursuant to this section until the reason for the out-of-service order has been remedied. A motor carrier or driver who violates this subsection is guilty of a class 1 misdemeanor. 28-5243. Railroad crossing violations; civil penalty A. A motor carrier shall not knowingly require, authorize or permit a driver to violate any federal, state or local railroad crossing law, ordinance or regulation. B. The court shall impose a civil penalty of not more than ten thousand dollars on a motor carrier who violates this section. C. In addition to all other penalties prescribed by this chapter, if a motor carrier is found responsible for a violation of this section, the motor carrier is subject to disqualification pursuant to section 28-3312. 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.