Issuance of citation or notice of correction to driver of heavy-duty motor vehicle detained for violation.
1. Whenever a peace officer detains the driver of a heavy-duty motor vehicle for a violation of any provision of this chapter or any other specific statute or regulation relating to the equipment, lights, brakes, tires, mechanisms or safety appliances required of such a vehicle, the peace officer shall, in lieu of arresting the driver, prepare manually or electronically and issue a citation, a notice of correction, or both. If a notice of correction is issued, it must set forth the violation with particularity and specify the corrective action which must be taken.
2. If, at the time of the issuance of a citation or a notice of correction, the peace officer determines that the vehicle is unsafe and poses an immediate threat to the life of the driver or any other person upon a public highway, the peace officer may require that the vehicle be taken to the nearest garage or other place where the vehicle may be safely repaired. If the vehicle is transporting wet concrete or other perishable cargo and does not pose an immediate threat to life, and if the destination of the vehicle is within a distance of not more than 15 miles, the peace officer shall not delay the vehicle for more than 15 minutes and shall permit the vehicle to proceed to its destination and unload its cargo. Upon the arrival of the vehicle at its destination, the peace officer may order that the vehicle be taken, after the cargo of the vehicle has been unloaded, to the nearest garage or other place where the vehicle may be safely repaired.
3. As used in this section:
(a) “Heavy-duty motor vehicle” means a motor vehicle which:
(1) Has a manufacturer’s gross vehicle weight rating of 10,000 pounds or more; and
(2) Is owned or leased by or otherwise used in the regular course of the business of a common, contract or private motor carrier.
(b) “Peace officer” means:
(1) A peace officer or an inspector of the Department of Motor Vehicles or Department of Public Safety; or
(2) A sheriff, peace officer or traffic officer assisting in the enforcement of the provisions of this chapter.
Last modified: February 26, 2006