One of those guys that texts, goes over HOS, and speeds, bragging like a jerk, and not caring about those he puts at risk, chose to argue legality of this with me. Response from DOT?:
From the photo it only shows that the commercial vehicle is missing one of the rear drive wheels on the second drive axle. What is not shown is the reason for the missing drive wheel. Hypothetically, if the driver could be enroute to get the wheel replaced or whatever required repair performed. Unfortunately, the issue of legal or not legal depends on what occurred and the immediate destination of the vehicle.
In Arizona and probably in other states we do not have a specific state statute for every possible equipment requirement or violation. We do have two state statutes as an example that a police officer can use to perform a traffic stop and vehicle inspection which does not have to result in any court action required violations, just notations of mandated repair that would be required.
Below I have provided the specific Arizona statutes to illustrate how the verbiage can used to address various situations.
28-981. Vehicle equipment; safety requirement
A person shall not drive or move on a highway a motor vehicle, tow truck, trailer, semitrailer or pole trailer or any combination of a motor vehicle, tow truck, trailer, semitrailer or pole trailer unless:
1. The equipment on the vehicle is in good working order and adjustment as required in this chapter.
2. The vehicle is in a safe mechanical condition that does not endanger the driver or other occupant or a person on the highway.
28-982. Vehicle and equipment inspection; notice of repair or adjustment
A. If at any time there is reasonable cause to believe that a vehicle is unsafe or is not equipped as required by law or that a vehicle's equipment is not in proper adjustment or repair, the superintendent of the highway patrol, members of the highway patrol, other officers and employees of the department of public safety as the director may designate and any peace officer may require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference to the inspection as may be appropriate.
B. If the vehicle is in an unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver. The officer's department shall retain the original of the notice. The notice shall state:
1. That the vehicle is required to be placed in safe condition and that the vehicle's equipment is required to be properly repaired and adjusted.
2. The particulars with reference to the requirements provided in paragraph 1.
3. That a certificate of correction or adjustment of illegal or faulty equipment shall be obtained within five days.
C. The director of the department of public safety shall prescribe the form of the notice required by this section.
From the photo it only shows that the commercial vehicle is missing one of the rear drive wheels on the second drive axle. What is not shown is the reason for the missing drive wheel. Hypothetically, if the driver could be enroute to get the wheel replaced or whatever required repair performed. Unfortunately, the issue of legal or not legal depends on what occurred and the immediate destination of the vehicle.
In Arizona and probably in other states we do not have a specific state statute for every possible equipment requirement or violation. We do have two state statutes as an example that a police officer can use to perform a traffic stop and vehicle inspection which does not have to result in any court action required violations, just notations of mandated repair that would be required.
Below I have provided the specific Arizona statutes to illustrate how the verbiage can used to address various situations.
28-981. Vehicle equipment; safety requirement
A person shall not drive or move on a highway a motor vehicle, tow truck, trailer, semitrailer or pole trailer or any combination of a motor vehicle, tow truck, trailer, semitrailer or pole trailer unless:
1. The equipment on the vehicle is in good working order and adjustment as required in this chapter.
2. The vehicle is in a safe mechanical condition that does not endanger the driver or other occupant or a person on the highway.
28-982. Vehicle and equipment inspection; notice of repair or adjustment
A. If at any time there is reasonable cause to believe that a vehicle is unsafe or is not equipped as required by law or that a vehicle's equipment is not in proper adjustment or repair, the superintendent of the highway patrol, members of the highway patrol, other officers and employees of the department of public safety as the director may designate and any peace officer may require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference to the inspection as may be appropriate.
B. If the vehicle is in an unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver. The officer's department shall retain the original of the notice. The notice shall state:
1. That the vehicle is required to be placed in safe condition and that the vehicle's equipment is required to be properly repaired and adjusted.
2. The particulars with reference to the requirements provided in paragraph 1.
3. That a certificate of correction or adjustment of illegal or faulty equipment shall be obtained within five days.
C. The director of the department of public safety shall prescribe the form of the notice required by this section.
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