HB 4088
commercial motor vehicle; liability insurance
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Sign in to take action- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill requires commercial motor vehicle carriers transporting agricultural commodities within Arizona to maintain liability insurance that covers emergency towing and recovery services. If the carrier doesn’t have cargo insurance, they must secure a surety bond or other approved financial security. The bill excludes certain agricultural operations, private hauling, and non-commercial vehicles from these requirements, and establishes a lien process for unpaid towing services.
Key provisions
- Commercial motor carriers transporting agricultural commodities must maintain liability insurance covering emergency towing and recovery.
- Insurance can be provided through cargo insurance or a surety bond approved by the Department.
- A lien can be placed on the commercial motor vehicle owner for unpaid towing services.
- The lien must be recorded with the Secretary of State.
- The bill excludes farm-to-field operations, private hauling, and non-commercial vehicles.
Who is affected
- Commercial motor vehicle carriers
- Farmers and ranchers
- Towing and recovery operators
- Motor carriers of agricultural commodities
Notable changes
- Establishes a specific insurance requirement for agricultural commodity transport.
- Creates a lien process for unpaid towing services related to commercial motor vehicles.
- Defines ‘agricultural commodity’ for the purpose of the law.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
David Marshall Sr.
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| REFERENCE TITLE: commercial motor vehicle; liability insurance |
| State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026 |
| HB 4088 |
| Introduced by Representatives Lopez: Biasiucci, Marshall, Martinez, Nguyen, Taylor, Weninger, Willoughby, Wilmeth |
AN ACT
Amending title 28, Chapter 14, Article 2, Arizona Revised Statutes, by adding section 28-5245; relating to COMMERCIAL motor vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 14, article 2, Arizona Revised Statutes, is amended by adding section 28-5245, to read:
START_STATUTE28-5245. Commercial agricultural commodity; liability policy; requirements; lien; definitions
A. A motor carrier who is transporting agricultural commodities on highways in this state for the purposes of intrastate commerce shall maintain a liability policy that is sufficient to cover emergency towing and recovery services. The liability policy shall be satisfied by either of the following:
1. Cargo insurance coverage applicable to the agricultural commodity being transported.
2. A surety bond or other financial security approved by the department.
B. If a towing or recovery operator provides emergency towing and recovery services for a roadway incident that involves a commercial motor VEHICLE that is towing agricultural commodities and the towing or recovery operator is not paid for the emergency towing and recovery services, any unpaid amount owed is a lien beginning on the date the amount became due on the commercial motor vehicle and agricultural commodity that belongs to the motor carrier of the commercial motor vehicle. The towing or recovery operator may perfect the lien against the commercial motor vehicle owner by recording a notice of the lien in the office of the secretary of state. If the lien imposed by this subsection is satisfied, the towing or recovery operator shall issue a release of the lien to the owner of the commercial motor vehicle and shall record the release in the office of the secretary of state.
C. This section does not apply to:
1. farm-to-field operations.
2. Private hauling or self-hauling by a farmer or rancher.
3. A noncommercial vehicle or passenger vehicle.
D. For the purposes of this section:
1. "Agricultural commodity" means a farm product, including produce, hay, feed, livestock feed products, raw poultry, citrus and other food or agricultural goods transported for commercial purposes.
2. "Emergency towing and recovery services" means towing, recovery, cleanup, removal, transport, storage, disposal and roadway cleanup services that are performed at the request or direction of a law enforcement agency or public authority. END_STATUTE