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.