Section R17-4-712. Transfer Applicant

A.      Applicability. A transfer applicant shall comply with the pro- visions of this Article except otherwise required by this Sec- tion.

B.       Existing TSA approval.

1.        Upon application by a transfer applicant who has an existing HME and who has successfully passed a STA prior to application in Arizona, the Division shall:

a.         Issue a five-year Arizona CDL with an HME;

b.        Validate the CDL with an HME upon verification of TSA approval, and the transfer applicant shall not be required to return to a designated CDL office unless otherwise required; and

c.         Consider an applicant who has been subject to any action under R17-4-708(B) an original applicant and shall require applicant to undergo a new STA and testing requirements under R17-4-705.

2.        The Division shall not require that a transfer applicant who has received STA approval undergo an additional STA prior to expiration of existing TSA approval, unless required under federal or state law or these rules,

3.        If the Division is unsuccessful in verifying successful completion of STA, the Division shall immediately can- cel the HME, and require that the applicant return to des- ignated CDL office to have HME removed from license.

4.        The Division shall mail to the transfer applicant a Notice of Action that the applicant has 15 days from the notice date to visit a designated CDL office to have the HME removed.

C.      No existing TSA approval.

1.        Upon application by a transfer applicant with an existing HME, who has not undergone a STA prior to application in Arizona, the Division shall:

a.         Require  that  the   transfer  applicant  successfully undergo a STA; and

b.        Upon verification of successful completion of STA, issue an Arizona CDL with an HME.

2.        If a transfer applicant fails to successfully complete a STA or the Division is unsuccessful in verifying success- ful completion of STA, the Division shall deny the appli- cation for HME.

3.        If the applicant fails to comply with the Division’s Notice of Action, the Division shall cancel the applicant’s Ari- zona Driver License privilege.

D.      CDL eligibility. The Division may grant an application for a CDL, if an applicant is otherwise qualified to hold CDL.

Historical Note

New Section made by final rulemaking at 13 A.A.R. 3368, effective November 10, 2007 (Supp. 07-3).