A.R.S. § 28-2470.04 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.04
28-2470.04 Wishes for children with critical illnesses special plates; fund
Status: in_force

28-2470.04. Wishes for children with critical illnesses special plates; fund

A. If, by December 31, 2021, a person pays $32,000 to the department for the implementation of this section, the department shall issue wishes for children with critical illnesses special plates. The person that provides the $32,000 shall design, in consultation with law enforcement, the wishes for children with critical illnesses special plates. The design and color of the wishes for children with critical illnesses special plates are subject to the approval of the department.  The director may allow a request for wishes for children with critical illnesses special plates to be combined with a request for personalized special plates. If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for the wishes for children with critical illnesses special plates.

B. Of the $25 fee required by section 28-2402 for the original special plates and for renewal of special plates, $8 is a special plate administration fee and $17 is an annual donation.

C. The department shall deposit, pursuant to sections 35-146 and 35-147, all special plate administration fees in the state highway fund established by section 28-6991 and all donations collected pursuant to this section in the wishes for children with critical illnesses special plate fund established by this section.

D. The wishes for children with critical illnesses special plate fund is established consisting of monies deposited pursuant to this section. The director shall administer the fund. The first $32,000 in the fund shall be reimbursed to the person that paid the implementation fee to the department pursuant to subsection A of this section.  Not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.

E. The director shall annually allocate monies from the fund, excluding administrative fees, to an entity that is a charitable organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes.  The entity must:

1. Be headquartered in this state.

2. Have incorporated in this state in 1982.

3. Create life-changing wishes for children who live in this state and who have critical illnesses.

4. Transform lives through the granting of unique and personalized wish experiences during a child's diagnosis with and treatment of a critical illness.

5. Serve children in this state.

F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

G. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-4452 — Arizona Code / Title 28 / Chapter 10 / Article 5 / Section 4452
28-4452 Limitations; franchise establishment, cancellation, termination or nonrenewal
Status: in_force

28-4452. Limitations; franchise establishment, cancellation, termination or nonrenewal

A. Notwithstanding the terms, provisions or conditions of an agreement or franchise, a franchisor shall not cancel, terminate or refuse to renew a franchise unless the franchisor has good cause for termination or nonrenewal.

B. A franchisor shall not enter into a franchise for the purpose of establishing an additional new motor vehicle dealership in a community in which the same line-make is then represented, unless there is good cause for the additional new motor vehicle dealership under the franchise and unless it is in the public interest.

C. Notwithstanding any other statute, a franchisor may initiate proceedings under this article to establish a new franchise before naming the particular franchisee and before designating or purchasing the particular site of the new franchise.
A.R.S. § 28-922 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 922
28-922 Lighted lamps required
Status: in_force

28-922. Lighted lamps required

At any time from sunset to sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet ahead, a vehicle on a highway in this state shall display lighted lamps and illuminating devices as required by this article for different classes of vehicles, subject to exceptions for parked vehicles as provided in this article.
A.R.S. § 28-3414 — Arizona Code / Title 28 / Chapter 8 / Article 7.1 / Section 3414
28-3414 Refusal to issue or renew license of school
Status: in_force

28-3414. Refusal to issue or renew license of school

A. The director may refuse to issue or renew the license for a school if the director determines that the licensee or applicant has not complied with or has knowingly violated any provision of this article or any rule adopted pursuant to this article or has been convicted of a violation of title 13 or this title.

B. An applicant or licensee who is aggrieved by the director's decision may make a written request to the department for a hearing within thirty days after service of notice of the refusal. If the applicant or licensee does not request a hearing within thirty days, the decision is final.  If the applicant or licensee requests a hearing, the director shall give written notice to the applicant or licensee to appear at the hearing and show cause why the refusal to issue or renew the license should not be upheld.  After consideration of the evidence presented at the hearing, the director shall serve notice in writing to the applicant or licensee of the director's findings and order.
A.R.S. § 28-8423 — Arizona Code / Title 28 / Chapter 25 / Article 6 / Section 8423
28-8423 Airport land lease; nonprofit corporation
Status: in_force

28-8423. Airport land lease; nonprofit corporation

A. If the department, in the operation and maintenance of the Grand Canyon national park airport, or if a city, town or county has leased or leases land owned by it to a nonprofit corporation for airport or air terminal purposes pursuant to a lease agreement that provides that title to all buildings, structures and additions made or added to the leased premises by the nonprofit corporation vests in the state, city, town or county in the manner and subject to the restrictions contained in the agreement, the agreement as it exists or as it may be amended, renewed or extended is binding and effective pursuant to its terms.

B. An amendment, renewal or extension to the agreement is binding and effective if the agreement complies with section 28-8425, subsection A, paragraph 1 whether or not:

1. It resulted or results in a renewal or extension of the original term in excess of twenty-five years.

2. Any bidding, notice or other requirements of section 28-8425 have or have not been met.

C. If a lease between the department and a nonprofit corporation for the operation and maintenance of the Grand Canyon national park airport is terminated, the department may spend any airport revenues, including both those unexpended and unencumbered revenues returned by the lessee and those revenues received after the termination of the lease for the operation of the airport, until the airport is leased to another nonprofit corporation or for the remainder of the then current budget cycle, whichever occurs first.
A.R.S. § 28-6353 — Arizona Code / Title 28 / Chapter 17 / Article 2 / Section 6353
28-6353 Public transportation farebox recovery audit; ratio; exemption
Status: in_force

28-6353. Public transportation farebox recovery audit; ratio; exemption

A. In a county with a population of three million or more persons, beginning fiscal year 2026-2027, the regional public transportation authority, in coordination with the regional planning agency, shall conduct a farebox recovery audit of operating costs and revenues for the previous fiscal year for all public transportation as defined in section 28-6301. The audit shall:

1. Document all revenue sources, including fares and funding generated from section 42-6105.01.

2. Determine a farebox recovery ratio calculated by the percentage of operating expenses paid for by fares as a measure of cost efficiency.

3. Detail the farebox recovery ratio for the entire regional public transportation system and by jurisdiction.

4. Be presented to the regional public transportation authority board and transportation policy committee.

B. The annual farebox recovery ratio shall achieve the following percentages:

1. In fiscal year 2026-2027 through fiscal year 2027-2028, ten percent.

2. In fiscal year 2028-2029 through fiscal year 2030-2031, fifteen percent.

3. In fiscal year 2031-2032 and each subsequent fiscal year, twenty percent.

C. If the systemwide farebox recovery ratio fails to meet the percentages prescribed by subsection B of this section, the regional public transportation authority must demonstrate through the farebox recovery audit that monies from sources other than section 42-6105.01 make up the difference between the farebox recovery ratio and the percentages prescribed by subsection B of this section.

D. If the regional public transportation authority cannot satisfy the requirements prescribed by subsection C of this section, the excess costs shall be allocated between affected jurisdictions according to the proportion of service in that jurisdiction that falls below the percentage requirement prescribed by subsection B of this section. The affected jurisdictions shall pay monies from sources other than section 42-6105.01 to the public transportation fund established by section 48-5103 within two fiscal years following completion of the audit.  The payments shall be documented as part of future audits.

E. Vanpool services, ride choice and transportation service that are required by the Americans with disabilities act of 1990 (42 United States Code sections 12101 through 12213) are exempt from this section.
A.R.S. § 28-5436 — Arizona Code / Title 28 / Chapter 15 / Article 2 / Section 5436
28-5436 Reduced gross weight fees; seasonal agricultural work
Status: in_force

28-5436. Reduced gross weight fees; seasonal agricultural work

A. On application, a resident owner of a motor vehicle, trailer or semitrailer that is operated solely in seasonal agricultural work and that is subject to the fees prescribed by section 28-5433 may pay a reduced fee for a period of at least ninety days but less than a full year.

B. The application shall specify a number of thirty day periods. The director shall compute the reduced fee on a basis of one-twelfth of the annual fee prescribed by section 28-5433 for the motor vehicle, trailer or semitrailer multiplied by the number of thirty day periods specified in the application. The operation of the motor vehicle, trailer or semitrailer is valid for the period for which the reduced fees are paid.

C. The resident owner shall pay all other fees and taxes applicable to the motor vehicle, trailer or semitrailer in full without regard to the reduction authorized by this section.
A.R.S. § 28-4847 — Arizona Code / Title 28 / Chapter 11 / Article 2 / Section 4847
28-4847 Owners; insurance companies; release; fees; vehicle repair facilities; applicability; violation; classification; business practices; unlawful practices; definition
Status: in_force

28-4847. Owners; insurance companies; release; fees; vehicle repair facilities; applicability; violation; classification; business practices; unlawful practices; definition

A. A towing company shall release a towed vehicle to the owner or a person designated in writing by an insurance company during normal business hours on the day the request for release is provided to the towing company, the detailed statement of charges is provided by the towing company at no cost and payment for any reasonable towing, storage and related fees is received by the towing company.  Beginning January 1, 2019, owners, insurance companies, towing companies and other persons requesting the release of a vehicle from a storage lot pursuant to this section shall use the standard form prescribed by the department pursuant to this section and shall present proof of ownership pursuant to section 28-4842, subsection E. The request for release shall be in writing and:

1. If applicable, shall indicate the name of the insurer as well as the name, address, telephone number and fax number of a representative of the insurer.

2. Shall include the name, address and telephone number of the owner, the owner's written consent for release of the vehicle and the name of the insured, if different from the owner.

3. If applicable, shall include the insurer's claim number and the name of the person to whom the insurer authorizes release of the vehicle.

4. If applicable, shall be signed by the owner except as provided in paragraph 6 of this subsection.

5. May be faxed, e-mailed or delivered by other electronic means, mailed or hand delivered to the towing company.

6. If the written consent of the owner is not obtained pursuant to paragraph 2 of this subsection, the request for release shall include a statement that the insurer has authorization from the vehicle owner to remove the vehicle from the towing company's storage lot.

7. Shall include a statement that the owner has been informed that pursuant to this section the towing company is presumptively not responsible for any loss of personal property or damage to the vehicle that is not disclosed to the towing company before the insurer or the insurer's authorized agent removes the vehicle from the towing company's storage lot. The notice shall also include a statement that the owner or person designated in writing by the owner and witnessed by a third party may inspect the vehicle at the towing company's storage lot during regular business hours, may remove any personal property from the vehicle and may report any damage to the vehicle to the towing company at the time of inspection.  The towing company shall not require payment for the removal of personal property that is inside the vehicle if the removal is during business hours.  For the purposes of this paragraph, personal property does not include any vehicle parts, vehicle equipment or vehicle accessories.

B. After an owner or insurance company has completed a request for release of a vehicle and before payment is made for the release of that vehicle, the towing company shall provide to the owner or insurance company at no cost a detailed written statement of all charges for towing, storage and related fees.  If before noon on a day that the towing company is required to be open or available by appointment pursuant to subsection N of this section, an owner or insurance company requests a detailed statement of charges, the towing company shall provide a detailed statement of charges by the close of business that day. The itemized charges shall include charges for the day of the request and the daily rate to be charged if the vehicle is to be released on a later day.  If the towing company fails to provide a detailed list of charges by the close of business on the day of the request, the towing company shall not assess any storage charges on subsequent days until the day that the towing company provides the detailed statement of charges to the owner or insurance company.  After the owner or insurance company requests release of a vehicle, a towing company may not impose any additional fees or charges until the towing company provides the detailed written statement. After the towing company provides the detailed written statement, additional storage charges may accrue until final payment is made and the vehicle is removed from the lot by the vehicle owner or the insurance company or the person designated in writing by the insurance company.

C. If the vehicle owner does not inspect the vehicle pursuant to subsection A, paragraph 7 of this section before removal of the vehicle to another lot, or has inspected the vehicle and has had the opportunity to remove personal property in the vehicle, a rebuttable presumption shall be created that damage to the vehicle and any loss of personal property in the vehicle occurred while the vehicle was not in the custody of the towing company.  The presumption may be overcome by a preponderance of evidence to the contrary.

D. After an accident, a towing company shall tow the vehicle to the closest storage lot designated in the applicable contract unless there is insufficient capacity in the closest storage lot or the owner directs the towing company to tow the vehicle to a different location other than a storage lot.  If an officer at the scene directs a vehicle to be taken to another site as evidence in a criminal action or for future criminal investigation, the vehicle shall be taken to that site.

E. A person in this state may choose any vehicle repair facility for the repair of a motor vehicle.  A person in this state may choose any towing company or operator of a towing vehicle to transport a motor vehicle from a towing company's storage lot to a vehicle repair facility. At the same time a towing company or operator of a towing vehicle provides information about a vehicle repair facility, the company or operator shall inform the person of both of the following:

1. The person's right to choose any vehicle repair facility for the repair of a motor vehicle.

2. Any commonality of ownership between the vehicle repair facility and either the towing company or the operator of the towing vehicle.

F. A towing company shall not tow or transport a vehicle from its storage lot without the prior permission of the vehicle owner or the insurance company.  The towing company may move a vehicle between its own storage lots without obtaining prior permission.  The towing company shall not charge any additional fee or other monies to a vehicle owner or an insurance company as a result of any change in location of the vehicle between its own storage lots.

G. A towing company may not:

1. For a primary tow, charge an owner or insurance company any amount in excess of an amount that is authorized pursuant to the contract or this section.  For purposes of this paragraph, "primary tow":

(a) Means a vehicle tow from the site of an accident to a storage lot or other location that is designated by an owner or officer pursuant to subsection D of this section.

(b) Includes work related to a vehicle tow at the accident scene.

2. Refuse to release a vehicle to an owner or insurance company after the owner or insurance company presents a request for release of the vehicle pursuant to subsection B of this section and pays the authorized fees and charges.

H. A vehicle repair facility or any employee of a vehicle repair facility shall not pay or agree to pay, and a towing company or any employee of a towing company shall not accept or agree to accept, any monies, fees, commissions, credits, gifts, gratuities, things of value or other compensation that is provided directly or indirectly for the purpose of inducing the towing company or any employee of a towing company to do any of the following:

1. Attempt to intimidate, unreasonably persuade or induce the person requesting the tow or transport of a vehicle to choose the services of the vehicle repair facility recommended by the towing company.

2. Refuse to tow or transport the vehicle unless the person requesting the tow or transport of a vehicle agrees to the vehicle repair facility recommended by the towing company.

3. Deliver a vehicle to a vehicle repair facility other than the vehicle repair facility chosen by the person requesting the tow or transport of the vehicle.

4. Make an intentional misrepresentation regarding the condition of the vehicle, the person's insurer or a specific vehicle repair facility.

I. Subsection E of this section does not create a private right or cause of action to or on behalf of any person.

J. This section does not create a cause of action or a right to bring an action against a towing company for releasing a motor vehicle to a person other than the owner if the written authorization as prescribed in this section is provided to the towing company by the owner or an insurance company.

K. This section only applies to tows resulting from motor vehicle accidents.

L. A person who fails to release a vehicle on receipt of the owner's or insurance company's written request for release pursuant to subsection B of this section and payment of authorized towing and storage fees and charges is guilty of a petty offense.  A person who subsequently violates this subsection within thirty-six months after a prior violation of this subsection is guilty of a class 3 misdemeanor.

M. The registered owner presenting proof of ownership pursuant to section 28-4842, subsection E, the insurance company or a person designated in writing by the owner may inspect the vehicle at the towing company's storage lot during normal business hours, may remove any personal property from the vehicle and may report to the towing company at the time of inspection any damage to the vehicle that is allegedly caused by the towing company. The towing company may require the owner or insurance company to sign a release of liability for the removal of personal items from a vehicle. Beginning January 1, 2019, owners, insurance companies, towing companies and other persons who remove personal items from a vehicle pursuant to this section shall use the standard form prescribed by the department pursuant to this section.  The towing company may not require payment for the removal of personal property that is inside the vehicle if the inspection and removal occurs during normal business hours. For the purposes of this subsection, personal property does not include vehicle parts, vehicle equipment or vehicle accessories.

N. A towing company shall implement the following business and billing practices:

1. For billing purposes, a storage day is from midnight of one day to midnight of the next day.

2. The towing company shall allow a vehicle owner's or insurance company's payment of towing and storage fees and charges to be made in the form of cash, credit card, debit card, insurance company-issued check or money order.

3. The towing company's storage lot must be open or otherwise available by appointment to provide current billing statements to vehicle owners and insurance companies and be open to the public or by appointment for releasing vehicles between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday, excluding holidays.

4. Except as provided in paragraphs 1 through 3 of this subsection, all towing and storage fees and charges, including extra charges, shall be made pursuant to the terms of the applicable contract with the jurisdiction governing the tow and storage.

5. Storage fees and charges may not accrue for any day when the storage lot is not open or available by appointment on a day and time specified in paragraph 3 of this subsection to obtain a detailed statement of charges or to have a vehicle released.

O. For tows that result from a motor vehicle accident:

1. All acts of employees or contractors of a towing company within the scope of employment are deemed to be acts of the towing company.  An act or practice in violation of this section constitutes an unlawful practice under section 44-1522.  The attorney general may investigate and take appropriate action against a towing company that violates this section as prescribed by title 44, chapter 10, article 7 and the towing company is subject to any other civil or criminal action, remedy and penalty provided by law.

2. A lien does not exist in favor of a towing company or storage lot for unpaid towing or storage fees or charges that are incurred. This paragraph does not affect the applicability of section 28-872, subsection H, paragraph 2 and section 28-4842.

P. On or before December 31, 2018, the department shall develop and prescribe the following forms to be used by owners, insurance companies and others:

1. A release form to release a vehicle from a towing company storage lot pursuant to this section.

2. A release of liability form relating to the removal of personal items from a vehicle located in a towing company storage lot.

Q. The department may revise the forms prescribed by subsection P of this section.

R. Except as otherwise provided in this section, the provisions of a contract between a towing company and a jurisdiction apply to towing and storage transactions.

S. For the purposes of this section:

1. "Contract" means the current contractual agreement between the towing company and the governmental jurisdiction in which the accident occurs.

2. Gift does not include an item of nominal value.
A.R.S. § 28-6996 — Arizona Code / Title 28 / Chapter 20 / Article 4 / Section 6996
28-6996 State highway fund; investment
Status: in_force

28-6996. State highway fund; investment

On notice from the director the state treasurer shall invest and divest monies in the state highway fund in obligations issued or guaranteed by the United States or any of the senior debt of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentalities, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-6993 — Arizona Code / Title 28 / Chapter 20 / Article 4 / Section 6993
28-6993 State highway fund; authorized uses
Status: in_force

28-6993. State highway fund; authorized uses

A. Except as provided in subsection B of this section and section 28-6538, the state highway fund shall be used for any of the following purposes in strict conformity with and subject to the budget as provided by this section and by sections 28-6997 through 28-7003:

1. To pay salaries, wages, necessary travel expenses and other expenses of officers and employees of the department and the incidental office expenses, including telegraph, telephone, postal and express charges and printing, stationery and advertising expenses.

2. To pay for both:

(a) Equipment, supplies, machines, tools, department offices and laboratories established by the department.

(b) The construction and repair of buildings or yards of the department.

3. To pay the cost of both:

(a) Engineering, construction, improvement and maintenance of state highways and parts of highways forming state routes.

(b) Highways under cooperative agreements with the United States that are entered into pursuant to this chapter and an act of Congress providing for the construction of rural post roads.

4. To pay land damages incurred by reason of establishing, opening, altering, relocating, widening or abandoning portions of a state route or state highway.

5. To reimburse the department revolving account.

6. To pay premiums on authorized indemnity bonds and on compensation insurance under the workers' compensation act.

7. To defray lawful expenses and costs required to administer and carry out the intent, purposes and provisions of this title, including repayment of obligations entered into pursuant to this title, payment of interest on obligations entered into pursuant to this title, repayment of loans and other financial assistance, including repayment of advances and interest on advances made to the department pursuant to section 28-7677, and payment of all other obligations and expenses of the board and department pursuant to chapter 21 of this title.

8. To pay lawful bills and charges incurred by the state engineer.

9. To acquire, construct or improve entry roads to state parks or roads within state parks.

10. To acquire, construct or improve entry roads to state prisons.

11. To pay the cost of relocating a utility facility pursuant to section 28-7156.

12. For the purposes provided in subsections C, D and E of this section and sections 28-1143, 28-2353 and 28-3003.

13. To pay the cost of issuing an Arizona centennial special plate pursuant to section 28-2448.

14. To pay for all of the following:

(a) The enforcement by the department of public safety and the department of transportation of vehicle safety requirements within twenty-five miles of the border between this state and Mexico.

(b) Costs related to procuring electronic equipment, automated systems or improvements to existing electronic equipment or automated systems for relieving vehicle congestion at ports of entry on the border between this state and Mexico.

(c) Constructing, maintaining and upgrading transportation facilities, including roads, streets and highways, approved by the board within twenty-five miles of the border between this state and Mexico.

(d) As approved by the board, constructing and maintaining transportation facilities in the CANAMEX high priority corridor as defined in section 332 of the national highway system designation act of 1995 (P.L. 104-59; 109 Stat. 568).

(e) Activities of the department that include collecting transportation and trade data in the United States and Mexico for the purposes of constructing transportation facilities, improving public safety, improving truck processing time and relieving congestion at ports of entry on the border between this state and Mexico. The department may enter into an agreement with the Arizona-Mexico commission and provide funding to the commission for the purposes of this subdivision.

(f) A commitment or investment necessary for the department or another agency of this state to obtain federal monies that are designated for expenditure pursuant to this section.

B. For each fiscal year, the department of transportation shall allocate and transfer monies in the state highway fund to the department of public safety for funding a portion of highway patrol costs in eight installments in each of the first eight months of a fiscal year that do not exceed $10,000,000.

C. Subject to legislative appropriation, the department may use the monies in the state highway fund as prescribed in section 28-6991, paragraph 12 to carry out the duties imposed by this title for registration or titling of vehicles, to operate joint title, registration and driver licensing offices, to cover the administrative costs of issuing the air quality compliance sticker, modifying the year validating tab and issuing the windshield sticker and to cover expenses and costs in issuing special plates pursuant to sections 28-2404, 28-2407, 28-2412 through 28-2470.39 and 28-2514.

D. The department shall use monies deposited in the state highway fund pursuant to chapter 5, article 5 of this title only as prescribed by that article.

E. Monies deposited in the state highway fund pursuant to section 28-2269 shall be used only as prescribed by that section.

F. Monies deposited in the state highway fund pursuant to section 28-710, subsection D, paragraph 2 shall only be used for state highway work zone traffic control devices.

G. The department may exchange monies distributed to the state highway fund pursuant to section 28-6538, subsection A, paragraph 1 for local government surface transportation program federal monies suballocated to councils of government and metropolitan planning organizations if the local government scheduled to receive the federal monies concurs. An exchange of state highway fund monies pursuant to this subsection shall be in an amount that is at least equal to ninety percent of the federal obligation authority that exists in the project for which the exchange is proposed.

H. The department shall use monies deposited in the state highway fund pursuant to section 28-1105, subsection A, paragraph 2, subdivision (a) only for a transportation facility that is located within twenty drivable miles of the international port of entry and shall spend the monies proportionally based on the amount of total monies collected pursuant to section 28-1105, subsection A, paragraph 2, subdivision (a).  For the purposes of this subsection, "transportation facility" means a highway or a state route or a county, city or town road that is used by a commercial vehicle or a commercial vehicle combination for which an axle fee is paid pursuant to section 28-5474.
A.R.S. § 28-6313 — Arizona Code / Title 28 / Chapter 17 / Article 1 / Section 6313
28-6313 Performance audits of proposed transportation projects and systems
Status: in_force

28-6313. Performance audits of proposed transportation projects and systems

A. Beginning in 2010 and every fifth year thereafter, the auditor general shall conduct a performance audit, as defined in section 41-1278, of the plan and projects scheduled for funding during the next five years.

B. With respect to light rail systems, the audit shall consider the criteria used by the federal transit administration pursuant to 49 United States Code section 5309(e)(1)(B) and the interrelationship among the criteria to provide federal funding for light rail systems. For light rail systems, the audit shall also consider:

1. Service levels.

2. Capital costs.

3. Operation and maintenance costs.

4. Transit ridership.

5. Farebox revenues.

C. The audit shall:

1. Examine the plan and projects scheduled for funding within each transportation mode based on the performance factors established in section 28-505, subsection A, in the context of the transportation system.

2. Review past expenditures of the plan and examine the performance of the system in relieving congestion and improving mobility.

3. Make recommendations regarding whether further implementation of a project or transportation system is warranted, warranted with modifications or not warranted.

D. The auditor general or the auditors contracted to conduct the audit shall periodically update the transportation policy committee regarding the progress of the audit.

E. Within forty-five days after the release of the audit, the regional public transportation authority, the state transportation board and the county board of supervisors, by a majority vote of each entity, shall submit written recommendations to the transportation policy committee that the findings are agreed to or disagreed with and the recommendations should be implemented, be implemented with modification or not be implemented.

F. Within forty-five days after the audit's release, the regional planning agency shall hold a public hearing on the audit findings and recommendations.

G. The auditor general shall distribute copies of the audit to:

1. The regional planning agency.

2. The transportation policy committee.

3. The regional public transportation authority in the county.

4. The county board of supervisors.

5. The state transportation board.

6. The governor, secretary of state, president of the senate and speaker of the house of representatives.

7. Any other person who requests a copy pursuant to title 39, chapter 1, article 2.

H. The state transportation board, regional planning agency, regional public transportation authority and county board of supervisors shall cooperate with and submit to the auditor general and the auditors contracted to conduct the audit information necessary to conduct the audits under this section.

I. The cost incurred by the auditor general in contracting with independent auditors for conducting performance audits under subsection A of this section shall be paid from revenues of the county transportation excise tax under sections 42-6105 and 42-6105.01. When due, the payments have priority over any other distribution authorized by section 42-6105 or 42-6105.01.  The auditor general shall deposit the payments in the audit services revolving fund established by section 41-1279.06.
A.R.S. § 28-901 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 901
28-901 Maximum number in school bus; stops at school
Status: in_force

28-901. Maximum number in school bus; stops at school

A. Except for the purpose of conducting drills under school rules and in the emergency evacuation or dispersal of pupils and school personnel, a person shall not operate a school bus on a public highway:

1. While carrying more passengers than can be properly seated.

2. While a person is standing in the school bus.

B. In receiving or discharging children at the school, a person who drives a vehicle carrying children to and from school shall stop the vehicle on the side of the highway on which the school is located.
A.R.S. § 28-2470.13 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.13
28-2470.13 Community impact special plates; fund
Status: in_force

28-2470.13. Community impact special plates; fund

A. If, by December 31, 2022, a person pays $32,000 to the department for the implementation of this section, the department shall issue community impact special plates. The person that provides the $32,000 shall design the community impact special plates. The design and color of the community impact special plates are subject to the approval of the department. The director may allow a request for community impact special plates to be combined with a request for personalized special plates. If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for the community impact special plates.

B. Of the $25 fee required by section 28-2402 for the original special plates and for renewal of special plates, $8 is a special plate administration fee and $17 is an annual donation.

C. The department shall deposit, pursuant to sections 35-146 and 35-147, all special plate administration fees in the state highway fund established by section 28-6991 and all donations collected pursuant to this section in the community impact fund established by this section.

D. The community impact special plate fund is established consisting of monies deposited pursuant to this section.  The director shall administer the fund. The first $32,000 in the fund shall be reimbursed to the person that paid the implementation fee to the department pursuant to subsection A of this section.  Not more than ten percent of the monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.

E. The director shall annually allocate monies from the fund, excluding administrative fees, to an entity that is a charitable organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes.  The entity must:

1. Be headquartered in this state.

2. Be affiliated with a clothing brand that is inspired by this state and that is headquartered in this state.

3. Have a mission to drive local innovation and inspire community action through the support and empowerment of entrepreneurs in this state.

4. Be dedicated to the prosperity of its community members and this state through the support of local organizations.

5. Provide both of the following:

(a) Grant opportunities to entrepreneurs in this state.

(b) Mentorships and programming for entrepreneurs in this state.

F. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-2009 — Arizona Code / Title 28 / Chapter 7 / Article 1 / Section 2009
28-2009 Certificate of title; validity
Status: in_force

28-2009. Certificate of title; validity

The certificate of title is valid for the life of the vehicle as long as the vehicle is owned by the original holder of the title, unless it has been replaced pursuant to section 28-2008.
A.R.S. § 28-1227 — Arizona Code / Title 28 / Chapter 3 / Article 22 / Section 1227
28-1227 Local authority regulations; peace officers
Status: in_force

28-1227. Local authority regulations; peace officers

A. A local authority may not regulate the operation of a personal delivery device on a highway or in a pedestrian area in a manner that is inconsistent with this article.

B. This section does not:

1. Affect the authority of a local authority's peace officers to enforce the laws of this state relating to the operation of a personal delivery device.

2. Prevent a local authority from prohibiting personal delivery devices in a specified zone or during certain hours in a specified zone to protect public health and safety.
A.R.S. § 28-8486 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8486
28-8486 Public airport disclosure; definitions
Status: in_force

28-8486. Public airport disclosure; definitions

A. The state real estate department shall have and make available to the public on request a map showing the exterior boundaries of each territory in the vicinity of a public airport.  The map shall clearly set forth the boundaries on a street map.  The state real estate department shall work closely with each public airport and affected local government as necessary to create a map that is visually useful in determining whether property is located in or outside of a territory in the vicinity of a public airport.

B. Each public airport shall record the map prepared pursuant to subsection A in the office of the county recorder in each county that contains property in a territory in the vicinity of the public airport. The recorded map shall be sufficient to notify owners and potential purchasers of property that the property is located in or outside of a territory in the vicinity of a public airport.

C. For the purposes of this section:

1. "Public airport" means an airport that is owned by a political subdivision of this state or that is otherwise open to the public.

2. "Territory in the vicinity of a public airport" means property that is within the traffic pattern airspace as defined by the federal aviation administration and includes property that experiences a day-night average sound level as follows:

(a) In counties with a population of more than five hundred thousand persons, sixty decibels or higher at airports where such an average sound level has been identified in either the airport master plan for the twenty year planning period or in a noise study prepared in accordance with airport noise compatibility planning, 14 Code of Federal Regulations part 150.

(b) In counties with a population of five hundred thousand persons or less, sixty-five decibels or higher at airports where such an average sound level has been identified in the airport master plan for the twenty year planning period.
A.R.S. § 28-5928 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5928
28-5928 Legal remedies
Status: in_force

28-5928. Legal remedies

A. An injunction, a writ of mandamus or any other legal or equitable process shall not issue in an action or proceeding in any court against this state or against any officer of this state to prevent or enjoin the collection of any tax, fee, penalty or interest required by this chapter to be collected.

B. A person against whom an assessment under this chapter has become final pursuant to section 28-5924 may bring an action against the director in the Arizona tax court for recovery of the amount paid if the person:

1. Pays the amount stating it is paid under protest.

2. Verifies and states the grounds for objection to the legality of the payment.

3. Pays the amount within ninety days after the assessment becomes final.

C. The person shall institute the action provided in subsection B of this section within thirty days after payment under protest. Failure to bring an action within thirty days constitutes a waiver of all demands against this state on account of the protested payment. A court shall not consider a ground for illegality other than that stated in the protest filed at the time of payment.

D. If judgment is rendered for the plaintiff, the director shall both:

1. Credit the amount of the judgment on any tax, fee, penalty, interest or other amount due from the plaintiff under this chapter.

2. Refund the balance to the plaintiff.

E. A court shall not render judgment in favor of the plaintiff in an action brought against the director to recover any amount paid under this chapter if an action is brought by or in the name of an assignee of the person who paid the amount.

F. A person aggrieved by a decision or order of the director issued pursuant to section 28-5924, except for an assessment for taxes, fees, penalties or interest, may seek judicial review of the decision or order in the Arizona tax court pursuant to title 12, chapter 7, article 6.
A.R.S. § 28-2454 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2454
28-2454 Military scholarship special plates
Status: in_force

28-2454. Military scholarship special plates

A. If, by December 31, 2015, a person pays thirty-two thousand dollars to the department for the implementation of this section, the department shall issue military scholarship special plates. The design and color of the military scholarship special plates are subject to the approval of the department. The director may allow a request for military scholarship special plates to be combined with a request for personalized special plates. If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for military scholarship special plates.

B. Of the twenty-five dollar fee required by section 28-2402 for original special plates and for renewal of special plates, eight dollars is a special plate administration fee and seventeen dollars is an annual donation.

C. The department shall deposit, pursuant to sections 35-146 and 35-147, all special plate administration fees in the state highway fund established by section 28-6991 and all donations collected pursuant to this section in the veterans' donations fund established by section 41-608.
A.R.S. § 28-9104 — Arizona Code / Title 28 / Chapter 26 / Article 1 / Section 9104
28-9104 Dissolution
Status: in_force

28-9104. Dissolution

A. A majority of the board of directors of an authority may propose that the authority be dissolved, but only if all contractual obligations and debts of the authority are satisfied and if another governmental entity or entities accept dedication of all authority property and obligations.

B. After a hearing, the board shall adopt by resolution a plan of termination to be executed within a stated period of time after it is adopted.

C. The growth of a county population to more than four hundred thousand persons does not cause the dissolution of an authority by operation of law.
A.R.S. § 28-8461 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8461
28-8461 Definitions
Status: in_force

28-8461. Definitions

In this article, unless the context otherwise requires:

1. "Accident potential zone one" means an area three thousand feet wide by five thousand feet long that starts at the end of each clear zone and that is centered and measured on the extended runway centerline, terminating eight thousand feet from the end of each runway and, for an ancillary military facility described in paragraph 7 of this section, includes an area delineated as accident potential zone one in the map described in paragraph 7 of this section.

2. "Accident potential zone two" means an area three thousand feet wide by seven thousand feet long that starts at the end of each accident potential zone one and that is centered and measured on the extended runway centerline, terminating fifteen thousand feet from the end of each runway, except that, for Luke air force base, accident potential zone two extends thirty thousand feet southwest from the end of each runway and, for an ancillary military facility described in paragraph 7 of this section, includes an area delineated as accident potential zone two in the map described in paragraph 7 of this section.

3. "Airport" means an area of land or water that is designed and set aside for the landing and taking off of aircraft and that is utilized or to be utilized in the interest of the public for those purposes.

4. "Airport hazard" means a structure, tree or use of land that obstructs the air space required for flight of aircraft in taking off or landing at an airport or that is otherwise hazardous to aircraft taking off or landing.

5. "Airport hazard area" means an area of land or water on which an airport hazard might be established if not prevented as provided in this article.

6. "Airstrip" means a strip of ground that is artificially or naturally surfaced and that is designed and used at an airport or landing field for the landing and takeoff of aircraft.

7. "Ancillary military facility" means:

(a) For political subdivisions described in paragraph 9, subdivision (a) of this section, the military auxiliary airfield that is identified on the map that is designated as Luke air force base auxiliary airfield #1, that is dated March 1, 2004 and that is on file in printed format at the state land department on the effective date of this amendment to this section pursuant to section 37-102.

(b) For Luke air force base in Maricopa county, the military auxiliary field that is located in the town of Gila Bend, that is used to train specific military aircraft maneuvers or to perform a specific military airport function, that may or may not have a paved runway from which aircraft may or may not land, that is recognized by the military airport and political subdivisions in Maricopa county or the report of a cooperative land use planning effort among affected political subdivisions and the military airport in Maricopa county and that is identified on a map that is prepared by the state land department and kept on file with the state land department and the state real estate department pursuant to section 37-102.

(c) For Yuma marine corps air station in Yuma county, the military auxiliary field that is recognized by the military airport and political subdivisions in Yuma County or the report of a cooperative land use planning effort among affected political subdivisions and the military airport in Yuma county and that is identified on a map that is prepared by the state land department and kept on file with the state land department and the state real estate department pursuant to section 37-102.

8. "Clear zone" means an area three thousand feet long measured along the extended runway centerline beginning at the end of all main military runways and three thousand feet wide centered on and measured at right angles to the extended runway centerline and, for an ancillary military facility described in paragraph 7 of this section, includes an area delineated as a clear zone in the map described in paragraph 7 of this section.

9. "High noise or accident potential zone" means any property located in the following zones:

(a) For Luke air force base in Maricopa county, within the 1988 noise contours developed and recognized by the regional planning agency in that county that includes the arrival and departure corridor that is the accident potential zone one and accident potential zone two plus the land area described as follows:  starting two hundred feet from the south end of the westernmost runway at a width of one thousand five hundred feet west and two thousand five hundred feet east, measured perpendicular to the centerline of the runway, and extending southwesterly parallel to the runway for a distance of thirty thousand feet.

(b) For Davis-Monthan air force base in Pima county, the area southeast of the runway within the noise contours, accident potential zone one and accident potential zone two as established by the most recent air installation compatible use zone report issued by the United States department of defense or the zones established in the compatible land use plan in the joint land use study completed in February 2004.

(c) For Yuma marine corps air station and Laguna army airfield in Yuma county and Libby army airfield in Cochise county, within the noise contours established by the most recent air installation compatible use zone report recognized by the military airport and political subdivisions in that county or the report of a cooperative land use planning effort among affected political subdivisions and the military airport recognized by the military airport and political subdivisions in that county, including the arrival and departure corridor that is the accident potential zone one and accident potential zone two plus the land area described as follows:  starting two hundred feet from the end points of the main runways and at a width of three thousand feet and symmetrical about a centerline between the runways extending outward to a point thirty thousand feet from the point of beginning. The outer width is seventeen thousand five hundred feet.

(d) For the ancillary military facility described in paragraph 7, subdivision (a) of this section, the land area inside the F-16 noise contour lines and the arrival and departure corridors designated as the accident potential zone one and the accident potential zone two on the map described in paragraph 7, subdivision (a) of this section.

(e) For the ancillary military facilities described in paragraph 7, subdivisions (b) and (c) of this section, the land areas designated as the high noise or accident potential zones and the arrival and departure corridors designated as the accident potential zone one and the accident potential zone two on the map of each ancillary military facility described in paragraph 7, subdivisions (b) and (c) of this section.

10. "Military airport" means an airport that is operated by an armed force of the United States and that is primarily used for military fixed wing aircraft operations, excluding a runway or airstrip that is not immediately adjacent to facilities primarily used for operational control, maintenance and permanent parking of aircraft.

11. "Military training route" means a low level military route that allows department of defense aircraft to conduct flights that may be as low as one hundred feet above the ground at speeds in excess of two hundred fifty knots indicated air speed as delineated in the military training route map pursuant to section 37-102.

12. "Occupied building" means any building where people live, work or are otherwise received.

13. "Person" means an individual, firm, partnership, corporation, company, association, joint stock association or body politic, including any trustee, receiver, assignee or other representative of a trustee, receiver or assignee.

14. "Political subdivision" means a city, town or county and includes a school district.

15. "Runway" means an artificially surfaced strip of ground that is designed and used at an airport for the landing and takeoff of aircraft.

16. "School" means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve.

17. "School district" means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of the public schools or an accommodation school.

18. "School district development plan" means any proposal to build or expand a school but does not include repairing, maintaining or remodeling an existing school.

19. "Structure" means an object that is constructed or installed by a human including a building, tower, smokestack or overhead transmission line.

20. "Territory in the vicinity" means any property located in the following zones:

(a) For Luke air force base in Maricopa county, the zone is ten miles to the north, south and west and four miles to the east parallel from the center of the main runway of a military airport.

(b) For Davis-Monthan air force base in Pima county, the zone is five miles to the northwest along a line extending from the end of the northwest runway, one and one-half miles to the southwest, six and one-half miles to the northeast and perpendicular to the runway centerline and ten miles to the southeast along a line extending from the end of the southeast runway of a military airport.

(c) For Yuma marine corps air station and Laguna army airfield in Yuma county and Libby army airfield in Cochise county, the zone is five miles to the north, south and west and ten miles to the east of the center of the main runway of a military airport.

(d) For an ancillary military facility described in paragraph 7, subdivision (a) of this section, the land area designated as the territory in the vicinity on the map described in paragraph 7, subdivision (a) of this section.

(e) For the ancillary military facilities described in paragraph 7, subdivisions (b) and (c) of this section, the land areas designated as the territory in the vicinity on the map of each ancillary military facility described in paragraph 7, subdivisions (b) and (c) of this section.

21. "Tree" means an object of natural growth.
A.R.S. § 28-7010 — Arizona Code / Title 28 / Chapter 20 / Article 4 / Section 7010
28-7010 Transportation acceleration interest reimbursement account
Status: in_force

28-7010. Transportation acceleration interest reimbursement account

A. The transportation acceleration interest reimbursement account is established as a separate subaccount of the statewide transportation acceleration needs account established by section 28-7009. The subaccount may include:

1. Legislative appropriations.

2. Monies designated for deposit in the account by the transportation board, a state agency or a political subdivision of this state.

3. Monies received from the United States government for the purpose of reimbursing interest costs on transportation projects.

4. Monies received from an Indian tribe, this state, a state agency or a political subdivision of this state for the purpose of reimbursing interest costs on transportation projects.

5. Interest and other income received from investing monies in the account.

6. Gifts, grants, donations or other amounts received from any public source for deposit in the account for the purpose of reimbursing interest costs on transportation projects.

B. On notice from the transportation board, the state treasurer shall invest and divest monies, as provided by section 35-313, in the transportation acceleration interest reimbursement account and monies earned from investment shall be credited to the account.

C. The transportation board may establish any subaccount in the transportation acceleration interest reimbursement account that the board determines is necessary or appropriate to carry out the purposes of this section.

D. When a governmental entity deposits monies in the transportation acceleration interest reimbursement account for a specific project and the transportation board approves the project, the board shall designate the monies deposited by the governmental entity solely for the project for which the monies are deposited.

E. The board may approve the reimbursement of interest costs for the acceleration of a transportation project from the transportation acceleration interest reimbursement account and as prescribed in this section.

F. The regional planning agency in a county that is designated as a transportation management area shall establish a process for the review and approval of reimbursement of interest costs from the statewide transportation acceleration needs account.  If the eligibility of the interest costs reimbursement is approved, the project may be considered by the state transportation board with other eligible acceleration projects for statewide transportation acceleration needs account funding.  In all other counties, the department, in cooperation with the metropolitan planning organization or the council of governments that has the authority to approve transportation projects for the county, shall establish a process for the review and approval of reimbursement of interest costs from the statewide transportation acceleration needs account.  If the eligibility of the interest costs reimbursement is approved, the project may be considered by the state transportation board with other eligible acceleration projects for statewide transportation acceleration needs account funding.

G. The board shall review and approve the request as prescribed in section 28-7009, subsections I and J.

H. To be eligible for reimbursement of interest costs pursuant to this section, the interest costs must result from bonds, loans or advances issued to, by or on behalf of a city or county that enters into an agreement with at least one other city or county, the department and the regional planning agency after January 1, 2007 for the acceleration of a transportation project that is contained in the regional transportation plan of a county or the department's long-range statewide transportation plan pursuant to section 28-506.
A.R.S. § 28-8277 — Arizona Code / Title 28 / Chapter 25 / Article 3 / Section 8277
28-8277 Low altitude flying prohibited
Status: in_force

28-8277. Low altitude flying prohibited

Flight of aircraft over lands and waters of this state is lawful, unless either:

1. It is at a low altitude that interferes with the existing use to which land, water or space over the land or water is put by the owner.

2. It is conducted in a manner that is imminently dangerous to persons or property lawfully on the land or water beneath the flight.
A.R.S. § 28-9552 — Arizona Code / Title 28 / Chapter 30 / Article 3 / Section 9552
28-9552 Transportation network companies; permit; fee; agent; trade dress
Status: in_force

28-9552. Transportation network companies; permit; fee; agent; trade dress

A. A person may not act as a transportation network company driver in this state unless the transportation network company has been issued a permit by the department. The transportation network company may apply to the department on forms prescribed by the department. The department shall charge and collect an application fee as determined by the director.

B. The department shall issue a permit to an applicant that meets the requirements of this article.

C. A transportation network company shall maintain an agent for service of process in this state.

D. A transportation network company vehicle shall display trade dress while being used to provide transportation network services.  The trade dress shall identify the transportation network company vehicle with a particular transportation network company. The transportation network company shall file an illustration of the trade dress with the department.

E. A transportation network company shall be regulated pursuant to this article and not as a vehicle for hire.
A.R.S. § 28-663 — Arizona Code / Title 28 / Chapter 3 / Article 4 / Section 663
28-663 Duty to give information and assistance; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification; alcohol or other drug screening
Status: in_force

28-663. Duty to give information and assistance; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification; alcohol or other drug screening

A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall:

1. Give the driver's name and address and the registration number of the vehicle the driver is driving.

2. On request, exhibit the person's driver license to the person struck or the driver or occupants of or person attending a vehicle collided with.

3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.

B. If the first vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if both:

1. The vehicle owner or a person on behalf of the vehicle owner promptly contacts a law enforcement agency to report the accident or if the fully autonomous vehicle or neighborhood occupantless electric vehicle alerts a law enforcement agency to the accident.

2. The vehicle owner, a person on behalf of the vehicle owner, the fully autonomous vehicle or a neighborhood occupantless electric vehicle makes the owner's name and address and the registration number of the vehicle available to either:

(a) A person struck by the vehicle.

(b) The occupants of or a person attending a vehicle that is involved in the accident.

C. A person who fails to comply with subsection A, paragraph 1 or 2 of this section is guilty of a class 1 misdemeanor.

D. A person who fails to comply with subsection A, paragraph 3 of this section is guilty of a class 6 felony.  If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening.
A.R.S. § 28-2470.18 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.18
28-2470.18 Gila River Indian community special plates
Status: in_force

28-2470.18. Gila River Indian community special plates

A. If by December 31, 2024, a person pays $32,000 to the department for the implementation of this section, the department shall issue Gila River Indian community special plates. The person that provides the $32,000 shall design the Gila River Indian community special plates.  The design and color of the Gila River Indian community special plates are subject to the approval of the department. The director may allow a request for Gila River Indian community special plates to be combined with a request for personalized special plates. If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for the Gila River Indian community special plates.

B. Of the $25 fee required by section 28-2402 for the original special plates and for renewal of special plates, $8 is a special plate administration fee and $17 is an annual donation.

C. The department shall deposit, pursuant to sections 35-146 and 35-147, all special plate administration fees in the state highway fund established by section 28-6991 and shall transmit all donations collected pursuant to this section to the Gila River Indian community transportation committee.  The Gila River Indian community transportation committee shall use these monies only for traffic control devices that conform to the manual and specifications prescribed in section 28-641 on highways on the Gila River Indian reservation that are located in this state and that are not state highways.
A.R.S. § 28-7707 — Arizona Code / Title 28 / Chapter 22 / Article 1 / Section 7707
28-7707 Confidentiality and public disclosure
Status: in_force

28-7707. Confidentiality and public disclosure

A. A proposer shall identify those portions of a proposal or other submission that the proposer considers to be trade secrets or confidential commercial, financial or proprietary information.  In order for confidential and proprietary information and trade secrets to be exempt from disclosure, the private entity must do all of the following:

1. Invoke exclusion on submission of the information or other materials for which protection is sought.

2. Identify the data or other materials for which protection is sought with conspicuous labeling.

3. State the reasons why protection is necessary.

4. Fully comply with any applicable state law with respect to information that the proposer contends should be exempt from disclosure.

B. Each request for proposals issued pursuant to this chapter shall require each proposer to include with its proposal an executive summary covering the major elements of its proposal that do not address the proposer's price, financing plan or other confidential or proprietary information or trade secrets that the proposer intends to be exempt from disclosure.  The executive summary shall be subject to release and disclosure to the public at any time. Notwithstanding any other law, in order to maximize competition under this chapter, no part of a proposal other than the executive summary shall be subject to release or disclosure by the department before an award of the public-private partnership contract and the conclusion of any protest or other challenge to the award, absent an administrative or judicial order requiring release or disclosure.  After the award of the contract and the conclusion of any protest or other challenge to the award, title 39 applies to any release of any part of the proposal.
A.R.S. § 28-8414 — Arizona Code / Title 28 / Chapter 25 / Article 6 / Section 8414
28-8414 City and town airport disposal
Status: in_force

28-8414. City and town airport disposal

By resolution, the governing body of a city or town:

1. May sell, lease and dispose of an airport acquired under this article.

2. If an airport acquired under this article is sold, leased or disposed of to the county in which the airport is located, to this state or to the United States or any of its agencies, may sell, lease or dispose of the airport for a nominal consideration without advertising and without following the procedures prescribed by sections 9-402 and 9-403.
A.R.S. § 28-2419 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2419
28-2419 Transplantation awareness special plates; fund
Status: in_force

28-2419. Transplantation awareness special plates; fund

A. The department shall issue transplantation awareness special plates.  The color and design of the transplantation awareness special plates shall be different from the color and design of regular license plates determined by the department.

B. Of the twenty-five dollar fee required by section 28-2402 for original special plates and for renewal of special plates, eight dollars is a special plate administration fee and seventeen dollars is an annual donation.

C. The department shall deposit, pursuant to sections 35-146 and 35-147, all special plate administration fees in the state highway fund established by section 28-6991 and all donations collected pursuant to this section in the transplantation awareness fund established by this section.

D. The transplantation awareness fund is established consisting of monies received pursuant to this section.  The director shall administer the fund.

E. The director shall select a private coalition that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that has a mission of promoting transplantation awareness and allocate the monies in the fund to the coalition on an annual basis.

F. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

G. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 28-7141 — Arizona Code / Title 28 / Chapter 20 / Article 7 / Section 7141
28-7141 Definitions
Status: in_force

28-7141. Definitions

In this article, unless the context otherwise requires:

1. "Business" means a lawful activity, except a farm operation, that is conducted primarily by or for any of the following:

(a) The purchase, sale, lease and rental of personal and real property and the manufacture, processing or marketing of products, commodities or other personal property.

(b) The sale of services to the public.

(c) By a nonprofit corporation.

(d) Solely for the purposes of section 28-7143, for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or displays, whether or not the display or displays are located on the premises on which any of the above activities are conducted.

2. "Comparable replacement dwelling" means a dwelling that is all of the following:

(a) Decent, safe and sanitary.

(b) Adequate in size to accommodate the occupants.

(c) Within the financial means of the displaced person.

(d) Functionally equivalent.

(e) In an area that is not subject to unreasonably adverse environmental conditions.

(f) In a location that is generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services and the displaced person's place of employment.

3. "Displaced person":

(a) Means a person who moves from real property or moves the person's personal property from real property either:

(i) As a direct result of a written notice of intent to acquire or the acquisition of the real property in whole or in part for a program or project undertaken by a displacing agency.

(ii) On which the person is a residential or business tenant or conducts a small business, a farm operation or a business as a direct result of rehabilitation, demolition or any other displacing activity as the department may prescribe under a program or project undertaken by a displacing agency in a case in which the displacing agency determines that the displacement is permanent.

(b) Solely for the purposes of sections 28-7142 and 28-7143, means a person who moves from real property or moves the person's personal property from real property either:

(i) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by a displacing agency.

(ii) As a direct result of rehabilitation, demolition or any other displacing activity as the department may prescribe of other real property on which the person conducts a business or a farm operation, under a program or project undertaken by a displacing agency if the displacing agency determines that the displacement is permanent.

(c) Does not include either:

(i) A person who has been determined either to be unlawfully occupying the displacement dwelling or to have occupied the dwelling for the purpose of obtaining assistance under this article.

(ii) In a case in which the displacing agency acquires property for a program or project, a person, other than a person who was an occupant of the property at the time it was acquired, who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.

4. "Displacing agency" means the department in carrying out a program or project with federal or state financial assistance that causes a person to be a displaced person.

5. "Family" means two or more persons who are living together in the same dwelling unit and who are related to each other by blood, marriage, adoption or legal guardianship.

6. "Farm operation" means an activity conducted primarily for the production of one or more agricultural products or commodities, including timber for sale and home use, and customarily producing the products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

7. "Individual" means a person who is not a member of a family.

8. "Initiation of negotiations" means the date the department first makes personal contact with the owner or the owner's personal representative of the property sought to be acquired if the price to be paid for the property is discussed.

9. "Mortgage" means the classes of liens as are commonly given to secure advances on or the unpaid purchase price of real property under the laws of the state in which the real property is located and the credit instruments, if any, secured thereby.

10. "Person" means an individual, family, partnership, corporation or association.
A.R.S. § 28-1099 — Arizona Code / Title 28 / Chapter 3 / Article 18 / Section 1099
28-1099 Single axle load limit; exceptions
Status: in_force

28-1099. Single axle load limit; exceptions

A. The gross weight imposed on the highway by the wheels of any one axle of a vehicle shall not exceed twenty thousand pounds, except that:

1. The director may issue a special permit pursuant to section 28-1103 for the purpose of moving road machinery that exceeds the maximum weight specified in this section from job to job within this state and from job to place of servicing and return within this state.

2. Any over-the-road bus may exceed the maximum single axle weight limit but shall not exceed twenty-four thousand pounds.  For the purposes of this paragraph, "over-the-road bus" means a bus characterized by an elevated passenger deck located over a baggage compartment.

B. This section does not limit in any manner the power of the director and a local authority to issue a special permit pursuant to section 28-1103.

C. For the purposes of this article, the gross weight imposed on the highway by the wheels of any one axle equals the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle.
A.R.S. § 28-5235 — Arizona Code / Title 28 / Chapter 14 / Article 2 / Section 5235
28-5235 Notification; denial of vehicle registration and operating privileges; audits
Status: in_force

28-5235. Notification; denial of vehicle registration and operating privileges; audits

A. A person who owns or leases a vehicle transporting hazardous materials, hazardous substances or hazardous wastes shall notify the director of all vehicles transporting the materials, substances or wastes in a manner prescribed by the director. Each notification shall contain the name and current address of the person transporting the materials, substances or wastes and other information the department requires by rule.

B. The department may deny the vehicle registration, the operating privilege or the nonresident operating privilege for any of the following reasons:

1. Failure to pay any applicable fees.

2. Misrepresentation in the application or notification.

3. Failure to comply with the rules of the department.

4. Failure to make vehicles available for inspection or to make records available for audit.

5. Revocation of an operating privilege within the preceding twelve months.

C. The department shall provide for compliance audits pursuant to this chapter and rules adopted pursuant to this chapter. The department of transportation shall provide for reciprocity of audits with the department of public safety and the United States department of transportation.
A.R.S. § 28-5609 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5609
28-5609 Railroad common carrier exemption; exception; report
Status: in_force

28-5609. Railroad common carrier exemption; exception; report

A. Except for section 28-5607, subsection B, sections 28-5602, 28-5603, 28-5608, 28-5610, 28-5611, 28-5612, 28-5622, 28-5624 and 28-5923 and this section, this article does not apply to railroad common carriers that are not engaged in the business of a supplier for pecuniary gain.

B. A railroad common carrier:

1. If it imports motor fuel, shall make a verified report to the director on forms prescribed and furnished by the director, on or before the twenty-seventh day of the next succeeding month, showing the amount of fuel it has imported.

2. If it sells, otherwise disposes of or uses any fuel it has imported in a motor vehicle operated on the highways in this state or in a watercraft or an aircraft, shall make a verified report to the director on forms prescribed and furnished by the director, on or before the twenty-seventh day of the next succeeding month, showing either:

(a) The name of the person or persons to whom the fuel was sold or otherwise disposed of.

(b) If used by it in a motor vehicle operated on the highways in this state or in a watercraft or an aircraft, a description of the vehicle, watercraft or aircraft in which the fuel was used.

3. Shall pay to the director at the time the report is made the tax required of suppliers by this article.

4. Shall furnish to the director other information concerning motor fuel imported by it as the director requires.

5. May be required to file a bond with the director in an amount fixed by the director to ensure compliance with this section.
A.R.S. § 28-4410.01 — Arizona Code / Title 28 / Chapter 10 / Article 4 / Section 4410.01
28-4410.01 Public consignment auction dealers; exemptions; notices; requirements; penalties; payment of taxes; wholesale motor vehicle dealer prohibition
Status: in_force

28-4410.01. Public consignment auction dealers; exemptions; notices; requirements; penalties; payment of taxes; wholesale motor vehicle dealer prohibition

A. A public consignment auction dealer is exempt from the following:

1. An implied warranty of merchantability described in section 28-4412, subsection B and section 44-1267.

2. An emissions inspection pursuant to section 49-542, subsection D.

B. A public consignment auction dealer shall post at the public consignment auction dealer's established place of business a sign indicating that the public consignment auction dealer is exempt from the provisions described in subsection A of this section.

C. A public consignment auction dealer, on transferring a motor vehicle by sale, shall provide written notice to the department of transportation and the department of revenue within fifteen days after the transfer on a form jointly prescribed by the directors of the departments that includes:

1. The date of the transfer.

2. The name and address of the seller.

3. The name and address of the purchaser.

4. The vehicle identification number of the motor vehicle.

5. The make and model of the motor vehicle.

6. The successful bid price and any premiums or commissions paid associated with the auction of the motor vehicle.

7. Notice as to whether the vehicle is a salvage vehicle.

D. A public consignment auction dealer who fails to provide written notice to the department within fifteen days after transferring a motor vehicle, as prescribed by subsection C of this section, shall pay the department a penalty of eight dollars for the first month and four dollars for each additional month that the notice is not provided, not to exceed a total of one hundred dollars.

E. A public consignment auction dealer, on transferring a motor vehicle by sale, shall give written notice to the purchaser at the time of delivery of the motor vehicle to the purchaser in the form of an invoice or on a form prescribed by the director that includes:

1. The date of the transfer.

2. The vehicle identification number of the motor vehicle.

3. The make and model of the motor vehicle.

4. The successful bid price and any premiums or commissions paid associated with the auction of the motor vehicle.

5. Notice as to whether the vehicle is a salvage vehicle.

F. A public consignment auction dealer shall keep and maintain at the public consignment auction dealer's established place of business a permanent record in a form prescribed by the director. The permanent record shall include the information prescribed by subsection C of this section and contain a description of all motor vehicle transfers and sales.  The public consignment auction dealer shall make the permanent record available for inspection by the department of transportation, the department of revenue or any peace officer.

G. A public consignment auction dealer shall do all of the following:

1. Inform the purchaser of a motor vehicle that the purchaser is responsible for the emission inspection requirements described in section 49-542, subsection D.

2. Comply with the consignment contract requirements prescribed in section 28-4410 if the motor vehicle is acquired from a person other than a licensee, except that the public consignment auction dealer shall obtain documentation that shows that the seller of the vehicle is the legal owner of the vehicle.

3. Comply with the requirements of section 28-4409 relating to evidence of ownership if the motor vehicle is acquired from another licensee.

4. Comply with the requirements of section 28-2091 relating to salvage certificates of title.

H. If a public consignment auction dealer violates this section, the director may do either of the following:

1. Suspend or cancel the dealer's license.

2. Impose a civil penalty of at least one thousand dollars but not more than three thousand dollars as prescribed in this section or in section 28-4501.

I. This section does not exempt a public consignment auction dealer from any transaction privilege tax imposed pursuant to title 42, chapter 5.

J. A wholesale motor vehicle dealer shall not sell motor vehicles to a public consignment auction dealer.
A.R.S. § 28-5103 — Arizona Code / Title 28 / Chapter 13 / Article 1 / Section 5103
28-5103 Application procedure
Status: in_force

28-5103. Application procedure

A. A person may apply for authorization or certification, or both, pursuant to this article to the director in writing on a form prescribed and furnished by the director. The person shall include with the application all documents and fees prescribed by the director.

B. The application shall be verified and shall contain:

1. The name and residence address of the applicant, the name and residence address of each partner if the applicant is a partnership or the name and residence address of each principal officer if the applicant is a corporation.

2. The principal place of business of the applicant.

3. The established place of business at or from which the business is to be conducted.

4. Other information the director requires.
A.R.S. § 28-7652 — Arizona Code / Title 28 / Chapter 21 / Article 4 / Section 7652
28-7652 Agreement for construction of bridge or highway improvements
Status: in_force

28-7652. Agreement for construction of bridge or highway improvements

A. The department and a county with a population of more than two million persons may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 for the construction of a bridge to provide direct access to commercial, residential and recreational facilities.

The agreement shall:

1. Contain the commitment of this state and the county to transfer bridge construction revenues to the county treasurer for deposit in the bridge construction interest fund or redemption fund under section 28-7656, subsection A for the purpose of financing the construction, design, acquisition and attendant acquisition costs of the bridge.

2. Contain the commitment of the county to pay other monies for the purpose of financing the bridge.

3. Include this state's pledge of sufficient bridge construction revenues to fulfill this state's obligation for funding the bridge.

4. State the responsibilities of each party with regard to planning, designing, constructing, owning and maintaining the bridge.

5. Provide that payment for the costs of the bridge shall be made from contributions from the parties to the agreement and other contributors before the use of bond proceeds.

B. The department and the county may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 for the design, reconstruction and improvement of a county highway approaching and traversing a bridge constructed pursuant to subsection A of this section.  The agreement shall:

1. Contain the commitment of this state and the county to transfer highway improvement revenues to the county treasurer for deposit in the highway improvement interest fund or redemption fund pursuant to section 28-7656, subsection B for the purpose of financing the design, reconstruction and improvement costs of the highway.

2. Contain the commitment of the county to pay other monies for the purpose of financing the highway improvements.

3. Include this state's pledge of sufficient highway improvement revenues to fulfill this state's obligation for funding the highway improvements.

4. State the responsibilities of each party with regard to planning, designing, reconstructing, owning and maintaining the highway.

5. Provide that payment for the costs of the highway improvements shall be made from contributions from the parties to the agreement and other contributors before the use of bond proceeds.

6. Contain the representation by the county that it has the legally binding assurance of the owner of a sports entertainment facility as defined in section 42-5032, subsection E and that the owner will reimburse the county for all expenses the county may incur under section 28-401, subsection D, paragraph 4 and section 42-5032, subsection B.
A.R.S. § 28-5940 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5940
28-5940 Perfection of lien
Status: in_force

28-5940. Perfection of lien

A. The director may perfect the lien imposed by section 28-5939 against the taxpayer's real property located in any county by recording a notice of lien in the form prescribed by subsection D of this section in the office of the county recorder.

B. The director may perfect the lien imposed by section 28-5939 against the taxpayer's personal property or rights to personal property located in this state by recording a notice of lien in the form prescribed by subsection D of this section in the office of the secretary of state.

C. From the time of perfecting the lien imposed by section 28-5939 in the manner provided by this section, the lien, with accruing interest, is superior to all other liens and encumbrances perfected thereafter.

D. A notice of lien recorded under this section shall specify the nature of the tax, amount of tax, interest and penalty due, taxable periods for which the amounts are due and the name and last known address of the taxpayer liable for the amounts.
A.R.S. § 28-4653 — Arizona Code / Title 28 / Chapter 10 / Article 10 / Section 4653
28-4653 Manufacturers and third parties; prohibitions; requirements
Status: in_force

28-4653. Manufacturers and third parties; prohibitions; requirements

A. A third party may not do any of the following:

1. Access, share, sell, copy, use or transmit protected dealer data without prior express written consent.

2. Engage in any act of cyber ransom.

3. Take any action by contract, technical means or otherwise to prohibit or limit a dealer's ability to protect, store, copy, share or use protected dealer data, including all of the following:

(a) Imposing any fee or other restriction on the dealer or an authorized integrator for accessing or sharing protected dealer data or for writing data to a dealer data system, including any fee on a dealer that chooses to submit or push data or information to the third party as prescribed in section 28-4652.  A third party must disclose a charge to the dealer and justify the charge by documentary evidence of the costs associated with access or the charge will be deemed to be a fee pursuant to this subdivision.

(b) Prohibiting a third party that has satisfied or is compliant with the star standards or other generally accepted standards that are at least as comprehensive as the star standards and that the dealer has identified as one of its authorized integrators from integrating into the dealer's dealer data system or placing an unreasonable restriction on integration by an authorized integrator or other third party that the dealer wishes to be an authorized integrator.  For the purposes of this subdivision, "unreasonable restriction" includes:

(i) An unreasonable limitation or condition on the scope or nature of the data that is shared with an authorized integrator.

(ii) An unreasonable limitation or condition on the ability of the authorized integrator to write data to a dealer data system.

(iii) An unreasonable limitation or condition on a third party that accesses or shares protected dealer data or that writes data to a dealer data system.

(iv) Requiring unreasonable access to a third party's sensitive, competitive or other confidential business information as a condition for accessing protected dealer data or sharing protected dealer data with an authorized integrator.

(v) Prohibiting or limiting a dealer's ability to store, copy, securely share or use protected dealer data outside of the dealer data system in any manner and for any reason.

(vi) Allowing access to or accessing protected dealer data without prior express written consent.

B. Prior express written consent may:

1. Be unilaterally revoked or amended by the dealer with thirty days' notice without cause and immediately for cause.

2. Not be sought or required as a condition of or factor for consideration or eligibility for any manufacturer program, standard or policy, including those that offer or relate to a bonus, incentive, rebate or other payment or benefit to a dealer, except that if the bonus, incentive, rebate or other payment program requires the delivery of the information that is protected dealer data to qualify for the program and receive the program benefits, a dealer must supply the information to participate in the program.

C. This section does not prevent a dealer, manufacturer or third party from discharging its obligations as a service provider or otherwise under federal, state or local law to protect and secure protected dealer data or to otherwise limit those responsibilities.

D. Unless a dealer gives prior written consent, a manufacturer may not access, share, sell, copy, use or transmit or require a dealer to share or provide access to protected dealer data beyond the required manufacturer data and may use any required manufacturer data obtained from a dealer data system for the purposes listed in section 28-4651, paragraph 8.

E. A manufacturer may not engage in an act of cyber ransom or take an action by contract, technical means or otherwise to prohibit or limit a dealer's ability to protect, store, copy, share or use protected dealer data, including actions described in subsection A, paragraph 3, subdivision (b) of this section. A manufacturer or a manufacturer's selected third party may not require a dealer to pay a fee for the sharing of required manufacturer data if the manufacturer both:

1. Requires a dealer to provide required manufacturer data through a specific third party that the manufacturer selects.

2. Does not allow the dealer to submit the data using the dealer's choice of a third-party vendor and both of the following apply:

(a) The data is in a format that is compatible with the file format required by the manufacturer.

(b) The third-party vendor satisfies or is in compliance with the star standards or other generally accepted standards that are at least as comprehensive as the star standards.

F. A manufacturer shall indemnify a dealer for any third-party claims asserted against or damages incurred by the dealer to the extent caused by access to, use of or disclosure of protected dealer data in violation of this section by the manufacturer or a third party acting on behalf of a manufacturer to whom the manufacturer has provided the protected dealer data. A dealer bringing a cause of action against a manufacturer for a violation of this section has the burden of proof.

G. Notwithstanding subsection D of this section and except as provided in section 28-4655, this article does not restrict or limit a manufacturer's right to obtain required manufacturer data, use required manufacturer data for the purposes prescribed by subsection D of this section or use or control data that is proprietary to the manufacturer, created by the manufacturer, obtained from a source other than the dealer or that is public information.
A.R.S. § 28-5241 — Arizona Code / Title 28 / Chapter 14 / Article 2 / Section 5241
28-5241 Out-of-service orders; violation; classification; civil penalty; attorney general enforcement; definition
Status: in_force

28-5241. Out-of-service orders; violation; classification; civil penalty; attorney general enforcement; definition

A. A driver, motor carrier, shipper or manufacturer that violates an out-of-service order is guilty of:

1. A class 2 misdemeanor for a first offense.

2. A class 1 misdemeanor for a second offense.

3. A class 6 felony for any subsequent offense.

B. The attorney general may enforce this section.

C. A motor carrier, shipper or manufacturer shall not require or allow a driver:

1. To operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.

2. Who is subject to an out-of-service order to operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.

D. A driver:

1. Shall not operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.

2. Who is subject to an out-of-service order shall not operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.

E. In addition to the civil penalties imposed by section 28-5240, and the criminal penalties imposed by this section, a violation of this section is a civil traffic violation.

F. The court shall impose:

1. On a driver who violates or fails to comply with an out-of-service order a civil penalty of:

(a) At least $2,500 for an initial violation or failure.

(b) $5,000 for a subsequent violation or failure.

2. A civil penalty of at least $2,750 and not more than $25,000 on a motor carrier, shipper or manufacturer that violates an out-of-service order or that requires or allows a driver to violate or fail to comply with an out-of-service order.

G. In addition to other penalties prescribed by this chapter, if a motor carrier, shipper, manufacturer or driver is found responsible for a violation of this section, the motor carrier or driver is subject to disqualification pursuant to section 28-3312.

H. For the purposes of this section, "out-of-service order" means a declaration by a specialty officer of the department or a law enforcement officer authorized pursuant to section 28-5204 that a driver, motor vehicle or motor carrier is out of service pursuant to this chapter.
A.R.S. § 28-2355 — Arizona Code / Title 28 / Chapter 7 / Article 11 / Section 2355
28-2355 License plates; tabs; stickers
Status: in_force

28-2355. License plates; tabs; stickers

The department may issue one or more tabs or windshield stickers to indicate the year for which a license plate is issued.
A.R.S. § 28-7312 — Arizona Code / Title 28 / Chapter 20 / Article 11 / Section 7312
28-7312 Tourism encouragement; Arizona highways magazine
Status: in_force

28-7312. Tourism encouragement; Arizona highways magazine

A. The director may spend monies from the state highway fund in the amount prescribed by law to encourage tourist travel to and through this state by giving publicity to points and places of historic interest, climatic and recreational advantages, the possibilities of successful pursuits and industrial enterprises and other information that in the opinion of the director tends to attract visitors to this state.

B. The publicity shall be given through the medium of the magazine "Arizona Highways" and the publication of maps, pamphlets and other descriptive material designed to carry out the purposes of this article.

C. The director shall determine the price for:

1. Annual subscriptions, single copies and the discount allowed dealers of "Arizona Highways".

2. Other material published and offered for sale by the magazine.

D. The director may distribute the magazine free of charge to libraries, schools, chambers of commerce, hotels, tourist agencies, visitors, prospective visitors, other persons, agencies and business, industry or convention organizations in quantities the director deems beneficial in carrying out the purposes of this article. The number of free copies of the magazine each month shall not exceed ten per cent of the total number of paid subscriptions.

E. The director may license the name of the magazine "Arizona highways" to a private entity for commercial purposes.
A.R.S. § 28-914 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 914
28-914 Use of portable wireless communication device while driving; prohibition; civil penalty; state preemption; definitions
Status: in_force

28-914. Use of portable wireless communication device while driving; prohibition; civil penalty; state preemption; definitions

A. Unless a motor vehicle is parked or stopped pursuant to section 28-645, subsection A, paragraph 3 or section 28-851, a person may not operate a motor vehicle on a street or highway if the person does either of the following:

1. Physically holds or supports with any part of the person's body either of the following:

(a) A portable wireless communication device, except that a person may use a portable wireless communication device with an earpiece, headphone device or device worn on a wrist to conduct a voice-based communication.

(b) A stand-alone electronic device.

2. Writes, sends or reads any text-based communication, including a text message, instant message, email or internet data, on a portable wireless communication device or stand-alone electronic device. This paragraph does not apply to either of the following:

(a) The use of voice-based communications, including through the use of a portable wireless communication device or stand-alone electronic device, to direct the writing, sending, reading or other communicating of any text-based communication.

(b) The use of a portable wireless communication device or stand-alone device when used in a hands-free manner for:

(i) Navigation of the motor vehicle.

(ii) Use of a global positioning system.

(iii) Obtaining motor vehicle information or information related to driving a motor vehicle.

B. This section does not prohibit the operation of a motor vehicle while using a device, including a device that is accessible through an interface that is embedded in a motor vehicle, that allows communication without the use of either of the driver's hands, except to activate or deactivate a function of the device.

C. This section does not apply to:

1. An operator of an authorized emergency, law enforcement or probation vehicle who uses a portable wireless communication device while acting in an official capacity.

2. An operator who is licensed by the federal communications commission while operating a radio frequency device other than a portable wireless communication device.

3.  An operator who uses a two-way radio or private land mobile radio system, within the meaning of 47 Code of Federal Regulations part 90, while in the performance and scope of the operator's work-related duties and who is operating a fleet vehicle or who possesses a commercial driver license.

4. An operator who uses a portable wireless communication device either:

(a) To report illegal activity or summon emergency help.

(b) That was permanently or temporarily affixed to the motor vehicle to relay information in the course of the operator's occupational duties between the operator and either:

(i) A dispatcher.

(ii) A digital network or software application service.

D. Beginning January 1, 2021, a person who violates this section is subject to a civil penalty as follows:

1. At least $75 but not more than $149 for a first violation.

2. At least $150 but not more than $250 for a second or subsequent violation.

E. The department shall post a sign at each point at which an interstate highway or United States highway enters into this state that informs an operator that both:

1. The use of a portable wireless communication device while operating a motor vehicle is prohibited in this state.

2. The operator is subject to a civil penalty if the operator uses a portable wireless communication device in violation of this section while operating a motor vehicle in this state.

F. A peace officer who stops a motor vehicle for an alleged violation of this section may not:

1. Take possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless otherwise authorized by law.

2. Issue a citation for a violation of this section before January 1, 2021 and may issue only a warning beginning on April 22, 2019 through December 31, 2020.

G. Except as provided in section 28-3312, a department or agency of this state may not consider a violation of this section for the purpose of determining whether the person's driver license should be suspended or revoked.

H. The regulation and use of portable wireless communication devices while operating a motor vehicle are of statewide concern.  From and after December 31, 2020, the regulation of portable wireless communication devices pursuant to this section and their use while operating a motor vehicle is not subject to further regulation by a county, city, town or other political subdivision of this state. From and after December 31, 2020, a regulation by a county, city, town or other political subdivision that violates this subsection, whether enacted before or after January 1, 2021, is void.

I. For the purposes of this section:

1. "Portable wireless communication device":

(a) Means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver or a substantially similar portable wireless device that is used to initiate or receive communication, information or data.

(b) Does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device or in-vehicle security, navigation or remote diagnostics system.

2. "Stand-alone electronic device" means a portable device other than a portable wireless communication device that stores audio or video data files to be retrieved on demand by a user.
A.R.S. § 28-2449 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2449
28-2449 All in for Arizona schools special plates; fund
Status: in_force

28-2449. All in for Arizona schools special plates; fund

A. If, by December 31, 2016, an entity pays $32,000 to the department for the implementation of this section, the department shall issue all in for Arizona schools special plates for motor vehicles.  The entity that provides the $32,000 shall design the all in for Arizona schools special plates.  The design and color of the all in for Arizona schools special plates are subject to the approval of the department.  The director may allow a request for all in for Arizona schools special plates to be combined with a request for personalized special plates. If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for the all in for Arizona schools special plates.

B. Of the $25 fee required by section 28-2402 for the original special plates and for renewal of special plates, $8 is a special plate administration fee and $17 is an annual donation.

C. The department shall deposit, pursuant to sections 35-146 and 35-147, all special plate administration fees in the state highway fund established by section 28-6991 and all donations collected pursuant to this section in the all in for Arizona schools special plate fund established by this section.

D. The all in for Arizona schools special plate fund is established consisting of monies deposited pursuant to this section. The director shall administer the fund.  Not more than five percent of monies deposited in the fund annually shall be used for the cost of administering the fund.  Monies in the fund are continuously appropriated.  The director shall annually allocate all monies from the fund, excluding administrative fees, to the entity that provides the $32,000 to the department pursuant to subsection A of this section.  The entity receiving the monies shall establish a process, including working with county school superintendents, to distribute the monies to public educators who propose extraordinary activities, projects or lessons for students in kindergarten programs and grades one through eight.

E. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-1381 — Arizona Code / Title 28 / Chapter 4 / Article 3 / Section 1381
28-1381 Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; time limitation; violation; classification; definition
Status: in_force

28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; time limitation; violation; classification; definition

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.

4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.

5. While operating a vehicle for hire as defined in section 28-9501 or while providing transportation network services as defined in section 28-9551 as a transportation network company driver as defined in section 28-9551 if the person has an alcohol concentration of 0.04 or more.

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.

D. A person using a drug as prescribed by a medical practitioner who is licensed pursuant to title 32 and who is authorized to prescribe the drug is not guilty of violating subsection A, paragraph 3 of this section.

E. In any prosecution for a violation of this section, the state shall allege, for the purpose of classification and sentencing pursuant to this section, all prior convictions of violating this section, section 28-1382 or section 28-1383 occurring within the past thirty-six months, unless there is an insufficient legal or factual basis to do so.

F. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.

G. In a trial, action or proceeding for a violation of this section or section 28-1383 other than a trial, action or proceeding involving a person who is driving or in actual physical control of a commercial motor vehicle or a vehicle for hire as defined in section 28-9501 or involving a person who is providing transportation network services as defined in section 28-9551 as a transportation network company driver as defined in section 28-9551, the defendant's alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions:

1. If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.

2. If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

3. If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.

H. Subsection G of this section does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.

I. A person who is convicted of a violation of this section:

1. Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than $250.

3. May be ordered by a court to perform community restitution.

4. Shall pay an additional assessment of $500 to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

5. Shall pay an additional assessment of $500 to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

6. If the violation involved intoxicating liquor, shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date the person successfully completes the alcohol or other drug screening, education, evidence-based psychotherapy or treatment program requirements of this title and the person is otherwise eligible to reinstate the person's driver license or driving privilege. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

7. Shall be required by the department to attend and successfully complete an approved traffic survival school course.

8. At the person's option, may be ordered by the court to participate in a religious program that is approved by the court. The person's participation in a religious program must be voluntary, and the purpose of the religious program may not include any effort to coerce the person to adopt or change any religious affiliation or beliefs.

J. Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all but one day of the sentence if the person completes a court ordered alcohol or other drug screening, education, evidence-based psychotherapy or treatment program.  If the person fails to complete the court ordered alcohol or other drug screening, education, evidence-based psychotherapy or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

K. If within a period of eighty-four months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28-1382 or 28-1383, the person:

1. Shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.

2. Shall pay a fine of not less than $500.

3. Shall be ordered by a court to perform at least thirty hours of community restitution.

4. Shall have the person's driving privilege revoked for one year.  The court shall report the conviction to the department.  On receipt of the report, the department shall revoke the person's driving privilege and, if the violation involved intoxicating liquor, shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319.  In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date the person successfully completes the alcohol or other drug screening, education, evidence-based psychotherapy or treatment program requirements of this title and the person is otherwise eligible to reinstate the person's driver license or driving privilege. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

5. Shall pay an additional assessment of $1,250 to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

6. Shall pay an additional assessment of $1,250 to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

7. Shall be required by the department to attend and successfully complete an approved traffic survival school course.

L. Notwithstanding subsection K, paragraph 1 of this section, at the time of sentencing, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education, evidence-based psychotherapy or treatment program.  If the person fails to complete the court ordered alcohol or other drug screening, education, evidence-based psychotherapy or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.

M. In applying the eighty-four month provision of subsection K of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.

N. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

O. After completing forty-five days of the revocation period prescribed by subsection K of this section, a person whose driving privilege is revoked for a violation of this section and who is sentenced pursuant to subsection K of this section is eligible for a special ignition interlock restricted driver license pursuant to section 28-1401.

P. The court may order a person who is convicted of a violation of this section that does not involve intoxicating liquor to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. On receipt of the report of conviction and certified ignition interlock device requirement, the department shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date the person successfully completes the alcohol or other drug screening, education, evidence-based psychotherapy or treatment program requirements of this title and the person is otherwise eligible to reinstate the person's driver license or driving privilege. The person who operates a motor vehicle with a certified ignition interlock device under this subsection shall comply with article 5 of this chapter.

Q. A prosecution for a violation of this section involving a collision that resulted in serious physical injury or death as identified in a written accident report completed pursuant to section 28-667 must be commenced within two years after actual discovery of the offense by the state or the political subdivision having jurisdiction or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.

R. For the purposes of this section, "evidence-based psychotherapy" means psychotherapy services that are offered by a psychologist who is licensed pursuant to title 32, chapter 19.1 and who integrates the best available scientific research with clinical expertise based on the context of the patient's characteristics, culture and preferences.
A.R.S. § 28-983 — Arizona Code / Title 28 / Chapter 3 / Article 17 / Section 983
28-983 Compliance with inspection laws; operation prohibited
Status: in_force

28-983. Compliance with inspection laws; operation prohibited

A. A person driving a vehicle shall not refuse to submit the vehicle to an inspection and test if required to do so by an officer authorized by section 28-982.

B. On receiving a notice as provided in section 28-982, the owner or driver of the vehicle shall comply with the notice and shall secure within five days the certification of adjustment that is provided on the notice. When the certification is completed, the notice shall be forwarded to the issuing department. In lieu of compliance with this subsection the vehicle shall not be operated, except as provided in subsection C of this section.

C. A person shall not operate a vehicle after receiving a notice pursuant to section 28-982 until the vehicle and its equipment have been placed in proper repair and adjustment and otherwise have been made to conform to the requirements of this chapter, unless it is necessary to return the vehicle to the residence or place of business of the owner or driver that is not more than a distance of twenty miles or to a garage.

D. If repair or adjustment of a vehicle or its equipment is found necessary on inspection, the owner of the vehicle:

1. May obtain the repair or adjustment at any place the owner chooses.

2. Shall not operate the vehicle on a highway until the certification of adjustment is obtained.
A.R.S. § 28-7147 — Arizona Code / Title 28 / Chapter 20 / Article 7 / Section 7147
28-7147 Application review by director
Status: in_force

28-7147. Application review by director

A displaced person who is aggrieved by a determination as to eligibility for a payment authorized by this article or the amount of a payment may have the person's application reviewed by the director. The director's decision is final.
A.R.S. § 28-305 — Arizona Code / Title 28 / Chapter 2 / Article 1 / Section 305
28-305 Powers and duties of the board; rules
Status: in_force

28-305. Powers and duties of the board; rules

The board may prescribe rules for the effective administration of its powers, duties and responsibilities, including rules relating to:

1. Priority programs.

2. Establishing, altering or vacating highways.

3. Construction contracts.

4. Revenue bonds.

5. Local government airport grants.

6. Prohibiting bid rigging.
A.R.S. § 28-5702 — Arizona Code / Title 28 / Chapter 16 / Article 2 / Section 5702
28-5702 Use fuel tax payment if not precollected
Status: in_force

28-5702. Use fuel tax payment if not precollected

If the use fuel tax imposed pursuant to article 1 of this chapter is not precollected, the tax is due and payable by the fuel user.
A.R.S. § 28-5435 — Arizona Code / Title 28 / Chapter 15 / Article 2 / Section 5435
28-5435 Increase in gross vehicle weight; additional fee
Status: in_force

28-5435. Increase in gross vehicle weight; additional fee

A. A person may increase the declared gross weight of a vehicle or vehicle combination after the original registration and during the registration year by reregistration of the vehicle or vehicle combination. The person shall pay a fee in addition to the gross weight fee prescribed in this article based on the difference between the fee due at the time of reregistration for the weight class in which the vehicle or vehicle combination was originally registered and the fee due at the time of reregistration for the increased weight class. If during a registration year the declared gross weight of a vehicle or vehicle combination is reduced, there is no reduction or refund allowed for a part of the original weight fee previously paid.

B. A vehicle or vehicle combination that is operated under a special permit allowing excess weight pursuant to section 28-1103 is not required to declare an increased gross weight or to pay a fee ascribed to the increased gross weight pursuant to this article.
A.R.S. § 28-7281 — Arizona Code / Title 28 / Chapter 20 / Article 10 / Section 7281
28-7281 Economic strength projects
Status: in_force

28-7281. Economic strength projects

The following highway projects are economic strength projects pursuant to this article:

1. A project that will retain a significant number of jobs in this state or within a local authority.

2. A project that will significantly increase the number of jobs in this state or within a local authority.

3. A project that will lead to significant capital investment in this state or within a local authority.

4. A project that will make a significant contribution to the economy of this state or within a local authority.
A.R.S. § 28-2482 — Arizona Code / Title 28 / Chapter 7 / Article 14 / Section 2482
28-2482 License plates for horseless carriages; definition
Status: in_force

28-2482. License plates for horseless carriages; definition

A. The department shall issue license plates for a horseless carriage on application and in the manner and at the time prescribed by the department. The license plates are in lieu of the regular license plates issued by the department.

B. The registration numbers and license plates assigned to horseless carriages shall be manufactured from Arizona copper and shall run in separate numerical series beginning with "horseless carriage no. 1". The license plates shall be of a distinguishing color.

C. On renewal of the registration of a horseless carriage, the department shall annually issue symbols or devices as provided in section 28-2355.

D. For the purposes of this section, "horseless carriage" means a motor vehicle manufactured in 1915 or before.
A.R.S. § 28-144 — Arizona Code / Title 28 / Chapter 1 / Article 3 / Section 144
28-144 Driver license or permit restrictions
Status: in_force

28-144. Driver license or permit restrictions

A. Except as otherwise provided by law, a restriction on a person's driver license or permit to drive as a result of a conviction for a violation of this title may limit the person's privilege to drive for the following applicable purposes:

1. Between the person's residence and place of employment during specified periods of time while at employment.

2. Between the person's residence or place of employment and the person's school according to the person's employment or education schedule.

3. Between the person's residence, place of employment or school and the office of a health professional as defined in section 32-3201.

4. Between the person's residence, place of employment or school and a screening, education or treatment facility for scheduled appointments.

5. Between the person's residence, place of employment or school and the office of the person's probation officer for scheduled appointments, including any appointment that is required to fulfill a condition or requirement that is imposed on the person by this state or a political subdivision of this state.

6. Between the person's residence, place of employment or school and a certified ignition interlock device service facility.

7. Between the person's residence and a location designated for the purpose of parenting time as defined in section 25-401.

8. To transport a dependent person between the driver's or dependent person's residence and the dependent person's employment, school or medical appointment.

9. Between the person's residence and court-ordered screening, education or treatment for scheduled appointments.

B. This section does not apply to a person who is the holder of a commercial driver license issued pursuant to this title.
A.R.S. § 28-2321 — Arizona Code / Title 28 / Chapter 7 / Article 10 / Section 2321
28-2321 Registration requirement for nonresident's vehicle
Status: in_force

28-2321. Registration requirement for nonresident's vehicle

A. Except as otherwise provided in this article, every foreign motor vehicle owned by a nonresident and operated in this state shall be registered and licensed in the same manner as a motor vehicle that has not been registered or licensed if the motor vehicle is operated in this state either:

1. For the transportation of passengers or property for compensation.

2. In the business of a nonresident carried on in this state.

3. For the transportation of property.

4. In the furtherance of a commercial enterprise and is a passenger-carrying motor vehicle designed to seat twelve or more persons.

B. The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected pursuant to this section at ports of entry on the border between this state and Mexico as follows:

1. Fifty-five percent in the state highway fund established by section 28-6991.

2. Forty-five percent in the Arizona highway patrol fund established by section 41-1752.

C. Sections 28-2322, 28-2323 and 28-2324 and this section do not apply to:

1. A foreign motor vehicle that is owned by a nonresident and that would be exempt from payment of gross weight fees under section 28-5432 if the motor vehicle were owned by a resident of this state.

2. A foreign motor vehicle that is owned by a nonresident and operated in this state for the transportation of property in the furtherance of a commercial enterprise and that is either:

(a) Commonly referred to as a passenger car or station wagon.

(b) Commonly known and referred to by manufacturer's rating as a three-quarter ton or less pickup truck or three-quarter ton or less van.
A.R.S. § 28-8415 — Arizona Code / Title 28 / Chapter 25 / Article 6 / Section 8415
28-8415 Real property interests; airport purposes
Status: in_force

28-8415. Real property interests; airport purposes

A. The department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county may accept and hold real property or any interest in the property by gift, trust or purchase or any other manner for the purpose of establishing, constructing, operating or maintaining airports or for uses incidental to these purposes, subject to terms and agreements of the governing body.

B. Real property or any interest in the property held by the department in the operation and maintenance of the Grand Canyon national park airport shall be held in the name of this state.
A.R.S. § 28-721 — Arizona Code / Title 28 / Chapter 3 / Article 7 / Section 721
28-721 Driving on right side of roadway; driving on shoulder; exceptions; education
Status: in_force

28-721. Driving on right side of roadway; driving on shoulder; exceptions; education

A. On all roadways of sufficient width, a person shall drive a vehicle on the right half of the roadway except as follows:

1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing the movement.

2. When the right half of a roadway is closed to traffic while under construction or repair.

3. On a roadway divided into three marked lanes for traffic under the rules applicable on the roadway.

4. On a roadway designated and signposted for one-way traffic.

B. On all roadways, a person driving a vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall drive the vehicle in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

C. In an age restricted community that is located in an unincorporated area of a county with a population of more than three million persons, a person may drive a golf cart or a neighborhood electric vehicle on a paved shoulder that is adjacent to a roadway or as close as practicable to the right-hand curb or edge of a paved roadway if there is no delineated paved shoulder.

D. Defensive driving school courses that are offered by defensive driving schools operated pursuant to chapter 8, article 7 of this title and traffic survival schools operated pursuant to chapter 8, article 7.1 of this title shall include educational information relating to subsections A and B of this section. The department shall include information relating to subsections A and B of this section in any of the department's examination, information and education materials.
A.R.S. § 28-7285 — Arizona Code / Title 28 / Chapter 20 / Article 10 / Section 7285
28-7285 Rules
Status: in_force

28-7285. Rules

The board may prescribe rules for the administration of this article.
A.R.S. § 28-902 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 902
28-902 Repainting government vehicle
Status: in_force

28-902. Repainting government vehicle

If a motor vehicle that is painted yellow and that is owned or operated by this state, a county, city, town or political subdivision of this state, a school district or a school is sold or transferred to a private owner, the private owner shall repaint the motor vehicle a different color and obliterate all official painted insignia before the motor vehicle is driven on a public highway.
A.R.S. § 28-2356 — Arizona Code / Title 28 / Chapter 7 / Article 11 / Section 2356
28-2356 Transfer of license plates to another vehicle; credit
Status: in_force

28-2356. Transfer of license plates to another vehicle; credit

A. Except as otherwise provided in this chapter, the owner of a vehicle for which the department provided license plates pursuant to section 28-2351 shall retain those license plates when the owner transfers the vehicle to another person.

B. The owner may apply for a credit that is posted to the owner's record or financial account of the unexpired portion of the vehicle license taxes, gross weight fees, commercial registration fees, special plate fees and motor carrier fees as prescribed in this section if both of the following apply:

1. The owner makes proper application to the director or to an authorized third party.

2. The owner agrees to allow the department to deduct a twelve dollar processing fee from the amount of the credit.

C. If the other vehicle is not of the same vehicle type as the vehicle for which the license plates were provided by the department pursuant to section 28-2351, the owner shall either surrender the license plates to the department or an authorized third party or submit an affidavit of license plate destruction as prescribed by the director.  On surrender of the license plates or submission of an affidavit of license plate destruction, the department shall provide new license plates of the proper vehicle type to the owner.

D. The owner of a registered vehicle who transfers license plates to another vehicle or who claims a credit pursuant to this section is entitled to a credit for the unexpired portion of the fees and taxes paid as required by law in accordance with the following conditions:

1. The fees and taxes are prorated on a monthly basis beginning on the first day of the registration month following the date of acquisition of the vehicle.

2. The credit shall be an amount computed as follows:

(a) For each full month remaining in the registration cycle, the record or financial account credit shall be prorated using the assessed value of the vehicle for the year that the full month is in.

(b) If the vehicle is permanently registered, one-twenty-fourth for each full month after acquisition of the vehicle to the twenty-fourth month after the date of initial permanent registration of the vehicle.

E. If the owner of a registered vehicle transfers the vehicle to another person but does not apply for a credit within thirty days of the transfer as required by section 28-2058, the unexpired portion of the fees and taxes shall decrease pursuant to subsection E of this section until the owner applies for the credit.

F. An owner who transfers license plates to another vehicle pursuant to this section is subject to the same penalties for the use of the license plates on another vehicle or for improper use of the license plates as the owner would have been subject to for use of the license plates on the vehicle to which the plates were previously assigned.

G. The owner of a vehicle registered in this state is not entitled to a credit pursuant to this section if the vehicle is registered in another state unless the owner is applying the credit pursuant to this section to another vehicle the owner owns or acquires for registration in this state.
A.R.S. § 28-8241 — Arizona Code / Title 28 / Chapter 25 / Article 2 / Section 8241
28-8241 Aeronautics division; assistant director
Status: in_force

28-8241. Aeronautics division; assistant director

A. An assistant director for aeronautics who has an aeronautical background shall administer the aeronautics division of the department.

B. The compensation of the assistant director shall be determined pursuant to section 38-611.
A.R.S. § 28-4001 — Arizona Code / Title 28 / Chapter 9 / Article 1 / Section 4001
28-4001 Definitions
Status: in_force

28-4001. Definitions

In this chapter, unless the context otherwise requires:

1. "Judgment" means a judgment that has become final by expiration without appeal of the time within which an appeal might have been perfected or by final affirmation on appeal and that is rendered by a court of competent jurisdiction of any state or of the United States on a cause of action either:

(a) Arising out of the ownership, maintenance or use of a motor vehicle for damages, including damages for care and loss of services, because of either bodily injury to or death of a person or injury to or destruction of property, including the loss of use of the property.

(b) On an agreement of settlement for damages described in subdivision (a) of this paragraph.

2. "License" means a license, temporary instruction permit or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles.

3. "Motor vehicle" means a self-propelled vehicle that is registered or required to be registered under the laws of this state.

4. "Motor vehicle liability policy" means an owner's or an operator's policy of liability insurance that is both:

(a) Certified as provided in section 28-4077 or 28-4078 as proof of financial responsibility.

(b) Issued by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named as the insured, except as otherwise provided in section 28-4078.

5. "Nonresident operating privilege" means the privilege conferred on a nonresident by the laws of this state pertaining to the nonresident's operation of a motor vehicle or the use of a motor vehicle owned by the nonresident in this state.

6. "Operator" means a person who is in actual physical control of a motor vehicle, whether or not the person has a license.

7. "Proof of financial responsibility" means proof of ability to respond in damages for liability on account of accidents occurring after the effective date of the proof and arising out of the ownership, maintenance or use of a motor vehicle, in the amounts required by section 28-4009 or 28-4033.

8. "Registration" means the registration certificate or certificates and license plates issued under the laws of this state pertaining to the registration of motor vehicles.

9. "State" means a state, territory or possession of the United States, the District of Columbia or a province of the Dominion of Canada.
A.R.S. § 28-7282 — Arizona Code / Title 28 / Chapter 20 / Article 10 / Section 7282
28-7282 Economic strength project fund
Status: in_force

28-7282. Economic strength project fund

A. An economic strength project fund is established consisting of the monies allocated for projects listed by the Arizona commerce authority pursuant to section 41-1505, subsection E.

B. Monies in the economic strength project fund shall be used to fund projects that are recommended by the Arizona commerce authority and that are approved by the transportation board.

C. Monies remaining in the economic strength project fund at the end of a fiscal year do not revert to the state general fund.

D. On notice from the board, the state treasurer shall invest and divest monies in the economic strength project fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-7612 — Arizona Code / Title 28 / Chapter 21 / Article 3 / Section 7612
28-7612 Grant anticipation notes
Status: in_force

28-7612. Grant anticipation notes

After the director has entered into one or more grant agreements, the board may issue and sell grant anticipation notes. The principal, premium, if any, and interest on the notes shall be paid solely from any of the following:

1. The grant revenues.

2. If provided by the board at the time of authorizing the issuance of the grant anticipation notes, other monies lawfully available for application to that purpose, including the proceeds from the sale of other obligations of the director.
A.R.S. § 28-4550 — Arizona Code / Title 28 / Chapter 10 / Article 7 / Section 4550
28-4550 Temporary registration plate
Status: in_force

28-4550. Temporary registration plate

A person who issues temporary registration plates shall affix or insert, clearly and indelibly, on the face of each temporary registration plate the date of issuance and expiration and the make and vehicle identification number of the vehicle.  The temporary registration plates shall not bear the name or address of the person who purchased the vehicle in a position that is legible from outside the vehicle.
A.R.S. § 28-9601 — Arizona Code / Title 28 / Chapter 31 / Article 1 / Section 9601
28-9601 Definitions
Status: in_force

28-9601. Definitions

In this chapter, unless the context otherwise requires:

1. "Car sharing delivery period" means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time as documented by the governing car sharing program agreement.

2. "Car sharing period" means the period of time that begins with the car sharing delivery period or the car sharing start time if there is no car sharing delivery period and ends at the car sharing termination time.

3. "Car sharing program agreement":

(a) Means the terms and conditions that apply to a shared vehicle owner and a shared vehicle driver and that govern the use of a shared vehicle through a peer-to-peer car sharing program.

(b) Does not include a rental agreement as defined in section 20-331.

4. "Car sharing start time" means the time when a shared vehicle becomes subject to the control of the shared vehicle driver at or after the time that the reservation of the shared vehicle is scheduled to begin as documented in the records of a peer–to–peer car sharing program.

5. "Car sharing termination time" means the earliest of the following:

(a) The agreed period of time established for the use of a shared vehicle in the governing car sharing program agreement expires and the shared vehicle is delivered to a location that is specified in the governing car sharing program agreement.

(b) When the shared vehicle is returned to a location as alternatively agreed on by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing program.

(c) The shared vehicle owner or the shared vehicle owner's designee takes possession and control of the shared vehicle.

6. "Individual-owned shared vehicle" means one of the following:

(a) If the shared vehicle is purchased in this state, a shared vehicle for which the owner certifies that the transaction privilege tax was paid on the purchase of the shared vehicle.

(b) If the shared vehicle is not purchased in this state, a shared vehicle for which the owner certifies that the applicable sales or use tax was paid in the jurisdiction in which the shared vehicle was purchased if that jurisdiction levies a sales or use tax on the purchase of motor vehicles.

(c) If the shared vehicle is not purchased in this state, a shared vehicle for which the owner certifies that the applicable use tax was paid to this state and the appropriate local jurisdiction.

7. "Peer-to-peer car sharing":

(a) Means the authorized use of a shared vehicle by an individual other than the shared vehicle owner through a peer-to-peer car sharing program.

(b) Does not include:

(i) A rental vehicle as defined in section 20-331.

(ii) The business of renting vehicles to renters under a rental agreement as defined in section 20-331.

(iii) The business of renting motor vehicles without drivers that is subject to a surcharge pursuant to section 28-5810.

(iv) A motor vehicle lease or rental that is subject to a surcharge pursuant to section 5-839 or 48-4234.

8. "Peer-to-peer car sharing program":

(a) Means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration.

(b) Does not include:

(i) A rental company as defined in section 20-331.

(ii) A person or entity that is engaged in the business of renting motor vehicles without drivers and that collects a surcharge pursuant to section 28-5810.

9. "Shared vehicle":

(a) Means a vehicle that is available for sharing through a peer-to-peer car sharing program.

(b) Does not include a rental vehicle or vehicle as defined in section 20-331.

10. "Shared vehicle driver" means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement.

11. "Shared vehicle owner" means the registered owner, or a person or entity designated by the registered owner, of a vehicle that is made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program.

12. "Shared vehicle transaction":

(a) Means the authorized use of a shared vehicle by an individual other than the shared vehicle's owner through a peer-to-peer car sharing program.

(b) Does not include:

(i) A rental agreement as defined in section 20-331.

(ii) The business of renting motor vehicles without drivers that is subject to a surcharge pursuant to section 28-5810.

(iii) The business of leasing or renting for less than one year motor vehicles for hire without a driver as described in section 5-839, subsection C if the shared vehicle is an individual-owned shared vehicle.

(iv) A motor vehicle lease or rental that is subject to a surcharge pursuant to section 48-4234.
A.R.S. § 28-375 — Arizona Code / Title 28 / Chapter 2 / Article 3 / Section 375
28-375 Alternative office hours for motor vehicle division offices
Status: in_force

28-375. Alternative office hours for motor vehicle division offices

Notwithstanding section 1-302 and to meet the needs of the public, the director may establish hours of operation for motor vehicle division offices other than the office hours for state offices provided in section 38-401.
A.R.S. § 28-8338 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8338
28-8338 Salvage aircraft; license tax rate; definition
Status: in_force

28-8338. Salvage aircraft; license tax rate; definition

A. The annual license tax for a salvage aircraft that is in storage or that is being restored is $5 for each aircraft, and the tax shall not be prorated.

B. To qualify for the tax under this section, the salvage aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of the registration cycle or within sixty days after the aircraft is placed in storage or under restoration on entry into this state.

C. The salvage aircraft owner who is subject to the tax under this section shall notify the department within ten days after the date the aircraft is returned to use and shall pay the appropriate license tax, if any, prorated on the basis of one-twelfth for each month remaining in the registration cycle beginning with the first month the aircraft is returned to use.

D. For the purposes of this section, "salvage aircraft" means an aircraft that is being restored and that is not meant to be flown.
A.R.S. § 28-4505 — Arizona Code / Title 28 / Chapter 10 / Article 6 / Section 4505
28-4505 Unlicensed motor vehicle dealer enforcement task force; report
Status: in_force

28-4505. Unlicensed motor vehicle dealer enforcement task force; report

A. The unlicensed motor vehicle dealer enforcement task force is established in the department of transportation and consists of the following members:

1. Three members from the department of transportation who are appointed by the director of the department of transportation.

2. Three members from the department of revenue who are appointed by the director of the department of revenue.

3. Three members who represent an independent automobile dealers' association in this state and who are appointed by the director of the department of transportation.

B. The unlicensed motor vehicle dealer enforcement task force shall:

1. Meet at least quarterly to review unlicensed motor vehicle dealer enforcement activities in this state.

2. Submit a report to the director of the department of transportation at least quarterly that contains the status of the task force's findings and provide a copy of this report to the secretary of state.
A.R.S. § 28-7711 — Arizona Code / Title 28 / Chapter 22 / Article 1 / Section 7711
28-7711 Attorney general public-private partnership agreement certification
Status: in_force

28-7711. Attorney general public-private partnership agreement certification

A. The department may submit to the attorney general any agreement entered into under this article.  On the submission of the agreement to the attorney general, the attorney general shall investigate and determine the validity of the agreement.

B. If the agreement complies with this article and the attorney general determines that the agreement will constitute a binding and legal obligation of the department that is enforceable according to the terms of the agreement, the attorney general shall certify in substance that the agreement has been entered into in accordance with the constitution and laws of this state.
A.R.S. § 28-5804 — Arizona Code / Title 28 / Chapter 16 / Article 3 / Section 5804
28-5804 Privately owned motor vehicle used as school bus; classification; vehicle license tax
Status: in_force

28-5804. Privately owned motor vehicle used as school bus; classification; vehicle license tax

A. A separate classification of motor vehicles is established for purposes of taxation pursuant to article IX, section 11, Constitution of Arizona, that consists of privately owned motor vehicles that are exclusively operated as school buses.

B. Notwithstanding section 28-5801, the registering officer shall collect at the time of application for and before registration of the motor vehicle classified under this section an annual vehicle license tax of four dollars for each one hundred dollars in value. During the first twelve months of the life of the vehicle as determined by its initial registration, the value is one per cent of the manufacturer's base retail price of the vehicle. During each succeeding twelve month period the value of the vehicle is fifteen per cent less than the value of the preceding twelve month period.

C. The minimum amount of the license tax computed under this section is five dollars per year for each vehicle subject to the tax.

D. Except as specifically provided in this section, the vehicle license tax on a vehicle classified under this section is governed by this article.

E. If a school bus is temporarily operated for purposes other than those prescribed by section 28-101, the registering officer shall:

1. Assess and collect monthly a vehicle license tax equal to one-tenth of the annual vehicle license tax provided in section 28-5801 for each calendar month that the motor vehicle is so operated in this state.

2. Not apportion the vehicle license tax for any fraction of a calendar month.
A.R.S. § 28-3319 — Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3319
28-3319 Action after license suspension, revocation or denial for driving under the influence or refusal of test; ignition interlock device requirement; definition
Status: in_force

28-3319. Action after license suspension, revocation or denial for driving under the influence or refusal of test; ignition interlock device requirement; definition

A. If, pursuant to section 28-1321, 28-1381, 28-1382, 28-1383, 28-3320 or 28-3322, the license of a driver or the driving privilege of a nonresident is suspended or revoked, the department shall not terminate the suspension or revocation or issue a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title.

B. If, pursuant to section 28-1321, 28-1381, 28-1382, 28-1383, 28-3320 or 28-3322, an unlicensed resident is denied a license or permit to operate a motor vehicle, the department shall not issue a license or permit until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title.

C. If a person whose license or driving privilege is suspended or revoked pursuant to section 28-1321, 28-1381, 28-1382, 28-1383 or 28-1385 is ordered, pursuant to section 28-1381, 28-1382, 28-1383 or 28-1385, to attend alcohol or other drug screening, education or treatment, the department shall not either:

1. Terminate the suspension or issue a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title until the person or licensed treatment facility provides proof that the person has completed or is participating satisfactorily in alcohol or other drug screening, education or treatment.

2. Issue a new license or a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title to operate a motor vehicle after the revocation until the person or licensed treatment facility provides proof that the person has completed the court-ordered program.

D. Except as provided in subsection E of this section, on receipt of a report of conviction from a court for a violation that involved intoxicating liquor or that specifically requires the installation of a certified ignition interlock device, the department shall require any motor vehicle the convicted person operates to be equipped with a functioning certified ignition interlock device and the convicted person to meet the requirements prescribed in section 28-1461 as follows:

1. For twelve months if:

(a) Except as provided in subsection G of this section, the person is convicted of a violation of section 28-1381, section 28-1382, subsection A, paragraph 1 or section 28-1383, subsection A, paragraph 3, subdivision (a).

(b) The department determines that within a period of eighty-four months the person is convicted of a second or subsequent violation of section 28-1381 or section 28-1382, subsection A, paragraph 1 with a prior conviction of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383.

2. For eighteen months if the person is convicted of a violation of section 28-1382, subsection A, paragraph 2.

3. For twenty-four months if:

(a) The person is convicted of a violation of section 28-1382, subsection A, paragraph 2 and the department determines that within a period of eighty-four months the person has a prior conviction of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383.

(b) The person is convicted of a violation of section 28-1383, subsection A, paragraph 1, 2, 4 or 5 or paragraph 3, subdivision (b).

E. If a person is required to equip a motor vehicle with a certified ignition interlock device pursuant to subsection D of this section and the person has a medical condition that prevents the person from using the certified ignition interlock device during the entire time period required by subsection D of this section, the department shall require monthly alcohol and drug screening instead of the certified ignition interlock device for the time period prescribed by subsection D of this section.  The department shall require evidence of the medical condition that is satisfactory to the department and in a manner prescribed by the department from an authorized physician as defined in section 28-2409 or an authorized physician assistant as defined in section 28-2409.  The alcohol or drug screening shall be provided by a facility approved by the department of health services, the United States department of veterans affairs, a substance abuse counselor as defined in section 28-3005 or a probation department.

F. The requirement prescribed in subsection D of this section begins on the date the person successfully completes the alcohol or other drug screening, education or treatment program requirements of this title and the person is otherwise eligible to reinstate the person's driver license or driving privilege. If the person is issued a special ignition interlock restricted driver license for the violations giving rise to the requirements prescribed in subsection D of this section or pursuant to section 28-1321, subsection P or section 28-1385, subsection J, the person shall be credited for the amount of time that a certified ignition interlock device is installed on the person's motor vehicle after the department authorizes the installation of the certified ignition interlock device on that person's motor vehicle.

G. A person who is required to equip a motor vehicle with a certified ignition interlock device pursuant to this section shall comply with chapter 4, article 5 of this title.

H. The department shall defer the remainder of the time period prescribed in subsection D, paragraph 1, subdivision (a) of this section commencing with the later of six months from the date the interlock was installed or the completion of the requirements of this subsection if all of the following apply:

1. The person is sentenced pursuant to section 28-1381, subsection I.

2. The person successfully completes an alcohol education program consisting of at least sixteen hours pursuant to section 28-1381.

3. The person has maintained a functioning ignition interlock device on all motor vehicles the person operates and has met the requirements of section 28-1461.

4. The person has not attempted to operate a vehicle with an alcohol concentration of 0.08 or more two or more times during the period of license restriction or limitation.

5. At the time of the offense, the person was not involved in a motor vehicle accident that resulted in physical injury or property damage.

6. All necessary compliance information has been provided to the department by the ignition interlock device provider, the alcohol screening program and the alcohol education program.

I. The deferment pursuant to subsection H of this section is permanent, unless the person is arrested for a violation of section 28-1381, 28-1382 or 28-1383 that occurs during the period of the deferment.  If the person is arrested as described in this subsection, the department shall revoke the deferment and require the person to complete the remainder of the time period prescribed in subsection D, paragraph 1, subdivision (a) of this section.

J. Notwithstanding any other law, the department shall reduce the length of time that a person is required to have a functioning certified ignition interlock device installed in a motor vehicle pursuant to subsection D of this section by the length of time that the person is incarcerated in a jail or prison facility for a violation of section 28-1381 or 28-1383 that did not involve intoxicating liquor.

K. For the purposes of this section, "certified ignition interlock device" has the same meaning prescribed in section 28-1301.
A.R.S. § 28-2470.38 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.38
28-2470.38 988 suicide awareness special plates
Status: in_force

28-2470.38. 988 suicide awareness special plates

A. If, by December 31, 2025, a person pays $32,000 to the department for the implementation of this section, the department shall issue 988 suicide awareness special plates. The person that provides the $32,000 shall design the 988 suicide awareness special plates. The design and color of the 988 suicide awareness special plates are subject to approval of the department.

B. The director may allow a request for 988 suicide awareness special plates to be combined with a request for personalized special plates. If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for the 988 suicide awareness special plates.

C. Of the $25 fee required by section 28-2402 for the original special plates and for the renewal of special plates, $8 is a special plate administration fee and $17 is an annual donation.

D. The department shall deposit, pursuant to sections 35-146 and 35-147, all special plate administration fees in the state highway fund established by section 28-6991 and shall transmit all donations collected pursuant to this section to the 988 suicide awareness special plate fund established by section 36-123.04.
A.R.S. § 28-4007 — Arizona Code / Title 28 / Chapter 9 / Article 1 / Section 4007
28-4007 Self-insurers
Status: in_force

28-4007. Self-insurers

A. Except as provided in subsection E of this section, a person in whose name more than ten motor vehicles are registered or who is required to comply with the financial responsibility requirements prescribed in article 2 of this chapter may qualify as a self-insurer or partial self-insurer by obtaining a certificate of self-insurance or partial self-insurance issued by the director as provided in this section.

B. After determining that the person is financially able and will continue to be able to pay judgments obtained against the person, the director may issue a certificate of self-insurance or partial self-insurance.

C. On not less than five days' notice and after a hearing, the director may cancel a certificate of self-insurance or a certificate of partial self-insurance on reasonable grounds.  For the purposes of this subsection, "reasonable grounds" includes any of the following circumstances:

1. Failure to pay a judgment within thirty days after the judgment becomes final.

2. Determination by the director that the person has not complied with the financial responsibility requirements of this chapter.

3. Determination by the director that the person knowingly submitted false information that is required by this chapter to this state, a political subdivision of this state, a court or a law enforcement agency.

4. Determination by the director that the person knowingly failed to respond within thirty days to a claim for damages for liability arising out of the ownership, maintenance or use of a motor vehicle.

5. Determination by the director that the person does not meet the bond requirements prescribed in section 28-4011.

D. A person who is required to comply with the financial responsibility requirements prescribed in article 2 of this chapter may file an application with the department for partial self-insurance to cover any portion of the financial responsibility requirements.

E. A person may also qualify as a self-insurer if the person is insured by a captive insurer that is domiciled and authorized by the department of insurance and financial institutions to transact business in this state and that provides coverage in an amount of at least that required by section 28-4033.

F. A person applying for self-insurance or partial self-insurance pursuant to this section shall comply with both of the following at the time of application:

1. The person shall submit evidence in a form prescribed by the director that the person is financially able and will continue to be able to pay the entire amount of self-insurance or partial self-insurance allowed by the director for judgments obtained against the person for liability arising out of the ownership, maintenance or use of a motor vehicle.

2. If applicable, the person shall submit evidence in a form prescribed by the director that the person has a valid insurance policy that meets the requirements prescribed in section 28-4033 and that is issued by an insurer that holds a valid certificate of authority or that is allowed to transact surplus lines insurance in this state.

G. The director may adopt rules to implement this section, including rules requiring additional evidence that the person meets the financial responsibility requirements of this chapter and rules providing for the periodic submission of evidence demonstrating that the person meets the standards required by the department to qualify as a self-insurer, a captive insurer or partial self-insurer.

H. The director of the department of transportation, in consultation with the director of the department of insurance and financial institutions, may establish procedures that allow a person to apply for and file a certificate of either partial self-insurance or self-insurance.

I. The director of the department of transportation, in consultation with the director of the department of insurance and financial institutions, shall establish procedures to exchange information regarding changes in the self-insurance status of persons who are subject to this section.
A.R.S. § 28-923 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 923
28-923 Visibility distance; mounted height of lamps
Status: in_force

28-923. Visibility distance; mounted height of lamps

A. If a requirement is provided in this article as to the distance from which certain lamps and devices shall render objects visible or within which the lamps or devices shall be visible, the provisions apply during the times stated in section 28-922 with respect to a vehicle without a load when on a straight, level and unlighted highway under normal atmospheric conditions unless a different time or condition is expressly provided.

B. If a requirement is provided in this article for the mounted height of lamps or devices it means from the center of the lamp or device to the level ground on which the vehicle stands when the vehicle is without a load.
A.R.S. § 28-5431 — Arizona Code / Title 28 / Chapter 15 / Article 2 / Section 5431
28-5431 Definitions
Status: in_force

28-5431. Definitions

In this article, unless the context otherwise requires:

1. "Declared gross weight" means the gross weight in pounds ascribed to a motor vehicle, trailer, semitrailer or vehicle combination by the applicant for registration.

2. "Gross weight" means the sum of the empty weight in pounds of a motor vehicle combination plus the weight in pounds of the maximum load to be carried on the motor vehicle combination at any one time, except that for tow trucks, gross weight means the sum of the empty weight in pounds of the tow truck plus the weight in pounds of operational supplies and equipment.

3. "Vehicle combination" means a motor vehicle and the trailers and semitrailers that it tows.
A.R.S. § 28-1596 — Arizona Code / Title 28 / Chapter 5 / Article 4 / Section 1596
28-1596 Traffic complaint; proceedings
Status: in_force

28-1596. Traffic complaint; proceedings

A. A person served with a civil traffic complaint shall:

1. Appear at the time and place stated in the complaint, or may appear before the time, if so authorized by the court, and on the directions contained in the complaint.

2. Admit or deny the allegations of the complaint.

B. Allegations not denied at the time of appearance are deemed admitted. A fee shall not be charged for the appearance.

C. If the allegations are admitted, the court shall enter judgment for the state and shall impose a civil penalty. The person may admit the allegations with an explanation, and then the court shall enter judgment for the state and impose a civil penalty. In determining the civil penalty, the court shall consider the explanation submitted.

D. If the person denies the allegations of the complaint the court shall set the matter for a hearing. The hearing is informal and without a jury. At the hearing, the state is required to prove the violation charged by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. If the person elects to be represented by counsel the person shall notify the court at least ten days before the hearing date. Hearings may be recorded. If the court finds in favor of the person, the court shall enter an order dismissing the allegation. If the court finds in favor of the state, the court shall enter judgment for the state and shall impose a civil penalty.

E. If a resident of this state served with a civil traffic complaint alleging a violation of this title or if a nonresident served with a civil traffic complaint requiring suspension or revocation of a driver license under the laws of this state fails to appear at or before the time directed to appear or at the time set for a hearing by the court, the allegations in the complaint are deemed admitted, and the court shall enter judgment for this state, impose a civil penalty and report the judgment to the department.

F. A nonresident may satisfy the complaint served under subsection A by complying with the nonresident violator compact adopted by chapter 6, article 4 of this title, if applicable.

G. If a nonresident who is served with a civil traffic complaint that does not require a suspension or revocation of the nonresident's driver license pursuant to the laws of this state fails to appear at or before the time directed to appear or at the time set for a hearing by the court, the court shall report the nonappearance to the department pursuant to the provisions of the nonresident violator compact adopted by chapter 6, article 4 of this title.
A.R.S. § 28-6994 — Arizona Code / Title 28 / Chapter 20 / Article 4 / Section 6994
28-6994 Highway damage recovery account
Status: in_force

28-6994. Highway damage recovery account

A. The highway damage recovery account is established as a separate account in the state highway fund established by section 28-6991. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies received for damage caused to state highways, portions of highways forming state routes, fixtures and other state property in the right-of-way into the account. Subject to legislative appropriation, the department shall use monies in the account for maintenance of state highways, portions of highways and state routes.

B. On notice from the department, the state treasurer shall invest and divest monies in the highway damage recovery account as provided by section 35-313, and monies earned from investment shall be credited to the account.
A.R.S. § 28-7095 — Arizona Code / Title 28 / Chapter 20 / Article 6 / Section 7095
28-7095 Conveyance of property not needed for transportation purposes
Status: in_force

28-7095. Conveyance of property not needed for transportation purposes

A. The director may dispose of real property or any right, title or interest in the real property if the director determines that it is not needed or used for transportation purposes. After the establishment, laying out, substantial completion of a transportation improvement or abolishment of a transportation improvement by formal action of the transportation board, the director may convey the real property or any interest in the real property that was acquired pursuant to this article and that the director determines is not necessary for state transportation purposes.

B. Except as provided in section 28-7099, the director may convey the real property described in subsection A of this section to an agency of the federal government, this state or a county, city or town of this state without a public sale if the director considers the conveyance to be in the public interest and if the real property is to be used for such a specific public purpose.  If the property is not used for a highway purpose, the agency shall pay the department for the conveyance based on an appraisal within twelve months of the date of conveyance establishing the fair market value of the property to be conveyed.  If the property conveyed to an agency is to be used for a specific highway purpose, the agency shall reimburse the department for its expenditures for the property.  If the property is not used for a highway purpose, the property shall revert to the department.  If the director determines any property conveyed under this section is needed by the department for a transportation purpose, the department may acquire the property from the agency at a cost equal to the amount paid by the agency, or the fair market value at the time of the repurchase by the department, whichever is less.

C. The director may grant an easement to a state or local agency for property to be used for a specific highway purpose, on terms and conditions acceptable to the director, for no payment to the department.  The agency shall bear all liability that may be attributed to the department for incidents that occur during the period of the easement and the agency shall bear all costs of maintaining the property.  If the property is not used for a highway purpose, the department may terminate the easement as to any portion of the property that is not used for a highway purpose.  The easement terminates if the director determines that the property is needed by the department for a highway purpose.

D. The director may convey other marketable property to the highest responsible bidder at a public auction or by direct sale after at least thirty days' notice in a newspaper of general circulation in the county in which the property is located. If the director elects to convey property by a direct sale, and receives more than one offer before the termination of the thirty day notice period, the director shall sell the property at public auction. At least one fee appraisal or one in-house appraisal is required for property that is offered to the public.  The director shall disclose the amount of the low appraisal before a public auction.  If at a public auction the amount of the highest responsible bid does not equal or exceed the amount of the low appraisal, the director shall advise the bidders that the amount of the low appraisal has not been met and shall continue the bidding until the amount of the highest responsible bid equals or exceeds the amount of the low appraisal.  If the highest responsible bid does not equal or exceed the amount of the low appraisal, the director shall reject all bids.  If the director is unable to sell real property pursuant to this subsection for an amount that equals or exceeds the low appraisal, the director may convey the real property by direct sale after at least thirty days' notice in a newspaper of general circulation in the county in which the real property is located at an amount that is at least equal to eighty per cent of the low appraisal, except that, if the director receives more than one offer before the termination of the thirty day notice period in an amount that is at least equal to eighty per cent of the low appraisal, the director shall sell the real property at public auction.

E. A sale pursuant to subsection B or D of this section may be made for cash or on terms of at least twenty per cent down with the balance payable in annual, biannual, quarterly or monthly installments for ten years, and the unpaid balance bears interest at a rate determined by the director.

F. The director may dispose of property by quitclaim deed to adjacent property owners or the underlying fee owner if the property has no market value or a net value of ten thousand dollars or less without a public auction or thirty day notice period. The director may notify adjacent property owners or the underlying fee owner that the estimated market value of the property may be reduced by up to twenty per cent, that the director may accept an offer between eighty per cent and one hundred per cent of the estimated market value and that, if the adjacent property owner or underlying fee owner is interested in acquiring the property, the adjacent property owner or underlying fee owner must submit a written offer to the director within sixty days after the date of the notice. If the director does not receive an offer within sixty days after the date of the notice, the director may dispose of the property at the best price the director can obtain for the property pursuant to procedures established by the director. For the purposes of this subsection, "net value" means the estimated market value of the property reduced by the cost to sell the property and the cost of continued maintenance of the property.

G. The director may:

1. Execute all deeds or conveyances necessary to convey any real property or interest in the real property to be conveyed under this section and shall sell any real property or interest in real property for the highest responsible bid, the direct sale price or the appraised market value of the property, as applicable.

2. Assess a fee for the costs of preparing and executing any conveyance under this section.

3. Either:

(a) Insert in the deed or conveyance conditions, covenants, exceptions and reservations as the director deems to be in the public interest.

(b) Convey in fee simple absolute.

H. The director shall notify the county assessor and county treasurer of any property disposed of or quitclaimed pursuant to this section within thirty days after the close of escrow. Proper notice includes the legal description of property being conveyed, the name and address of the new property owner and legal description of the conveyed property and the name and address of a person or persons who are identified as the correct recipients of the property tax bill.

I. It is conclusively presumed in favor of any purchaser for value and without notice of any real property or interest in the real property conveyed pursuant to this section that the department acted within its lawful authority in acquiring the property and that the director acted within the director's lawful authority in executing a deed, conveyance or lease authorized by this article.

J. The director may contract with a licensed real estate broker to assist in any disposition of property under this section or pay a commission to a licensed real estate broker whose client completes a purchase of property under this section. The director shall determine the rate of commission paid to the broker.  The director may pay the licensed real estate broker from proceeds received under this section unless the broker is the purchaser or lessee or the purchaser is another governmental agency.
A.R.S. § 28-5734 — Arizona Code / Title 28 / Chapter 16 / Article 2 / Section 5734
28-5734 Interstate user license requirement
Status: in_force

28-5734. Interstate user license requirement

A. Except as provided in section 28-5739, it is unlawful for a person to act as an interstate user without being licensed as an interstate user.  Unless otherwise specified, a person who violates this subsection is subject to the penalties prescribed in section 28-5921.

B. A person who is an interstate user shall obtain a use fuel license in the name of the motor vehicle registrant, except that:

1. At the rental company's option, a rental company receiving approval for consolidated tax filing from the director may be the licensee in lieu of the vehicle registrant.

2. If the registrant leases the motor vehicle to a lessee who is licensed as an interstate user and there is a written agreement so providing, the registrant may permit the lessee to include the vehicle under the lessee's license for purposes of this article. A written lease agreement shall specify which party to the lease agreement is responsible for obtaining the interstate user license.
A.R.S. § 28-2269 — Arizona Code / Title 28 / Chapter 7 / Article 8 / Section 2269
28-2269 Proportional registration or alternative procedure agreements; transfer of license plates
Status: in_force

28-2269. Proportional registration or alternative procedure agreements; transfer of license plates

A. Notwithstanding section 28-2263, beginning no later than January 1, 1998 a registrant may transfer license plates issued pursuant to this article to another vehicle registered in the registrant's name if the vehicle requires license plates of the same format and if all of the following conditions are met:

1. The registrant makes proper application to the director, the director's agent pursuant to section 28-2002 or a third party authorized pursuant to chapter 13, article 1 of this title.

2. The registrant pays any fees and taxes required to register the vehicle less any amount credited pursuant to subsection C of this section.

B. If the other vehicle requires license plates of a different format than the license plates that the registrant wishes to transfer, the registrant shall either surrender the license plates to the department or an authorized third party or submit an affidavit of license plate destruction as prescribed by the director. On surrender of the license plates or submission of an affidavit of license plate destruction, the department shall furnish new license plates of the proper format to the registrant under the same conditions set forth in subsection A of this section.

C. A registrant who transfers license plates pursuant to subsection A of this section or who surrenders license plates or submits an affidavit of license plate destruction pursuant to subsection B of this section is entitled to a credit in accordance with the following conditions:

1. The credit is equal to the unexpended vehicle license tax, gross weight fees, commercial registration fees, highway use fees, special plate fees and motor carrier fees for the current registration year of the vehicle to which the plates were last assigned.

2. The unexpended portion of the fees and taxes is equal to one-twelfth of the annual fees and taxes for the current registration year of the vehicle to which the plates were last assigned multiplied by the number of full months left in the registration year on the effective date of the replacement vehicle's registration period.

3. The credit for each fee or tax shall be applied only to the similar fee or tax owed on the vehicle to which license plates are transferred or assigned pursuant to this section.

D. It is unlawful for a registrant to knowingly permit license plates to be displayed on a vehicle except as authorized by the department.

E. The director may accept donations from affected registrants to defray the cost of implementation of this section. The director shall deposit any donations received pursuant to this subsection in the state highway fund established by section 28-6991.
A.R.S. § 28-4632 — Arizona Code / Title 28 / Chapter 10 / Article 9 / Section 4632
28-4632 Deposit of monies
Status: in_force

28-4632. Deposit of monies

The director shall deposit, pursuant to sections 35-146 and 35-147, monies received or collected by the director pursuant to this article in the Arizona highway user revenue fund before the fifteenth day of each month.
A.R.S. § 28-5933 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5933
28-5933 Contingent fee collection contracts
Status: in_force

28-5933. Contingent fee collection contracts

A. In the administration and enforcement of this chapter, the department may enter into contingent fee contracts to collect delinquent taxes, penalties and interest due under this chapter, consistent with the requirements of sections 28-5935 through 28-5938.

B. The department shall not contract for the collection of delinquent taxes that exceed one thousand dollars for an individual, corporation or partnership.
A.R.S. § 28-7342 — Arizona Code / Title 28 / Chapter 20 / Article 12 / Section 7342
28-7342 Cooperative agreement provisions
Status: in_force

28-7342. Cooperative agreement provisions

A cooperative agreement entered into under this article:

1. Shall provide that all monies advanced by this state in pursuance of the project shall be promptly reimbursed by the United States agency entering into the agreement to the extent of the agency's participation in the cost of the project.

2. If the agreed participation of the United States agency is one hundred per cent of the cost or under other conditions as the director determines, may contain a provision that all of the agency's participation cost shall be deposited, pursuant to sections 35-146 and 35-147, in advance in a special trust account.

3. If feasible, shall enumerate as closely as possible all items of costs and expenditures for which the United States agency is obligated to reimburse the department.
A.R.S. § 28-1096 — Arizona Code / Title 28 / Chapter 3 / Article 18 / Section 1096
28-1096 Projecting loads on passenger vehicles
Status: in_force

28-1096. Projecting loads on passenger vehicles

A passenger type vehicle shall not be operated on a highway with a load carried on the vehicle if the load extends beyond the line of the fenders on the left side of the vehicle or extends more than six inches beyond the line of the fenders on the right side of the vehicle.
A.R.S. § 28-8479 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8479
28-8479 Regulation; limitation
Status: in_force

28-8479. Regulation; limitation

A. This article does not authorize the governing body of a city or town or the board of supervisors of a county to restrict or limit the length or width of an airstrip or runway used for the landing and takeoff of aircraft. Any such restriction or limitation is void.

B. This section does not affect the zoning authority of counties, cities or towns pursuant to other provisions of law.
A.R.S. § 28-1107 — Arizona Code / Title 28 / Chapter 3 / Article 18 / Section 1107
28-1107 Liability; highway or structure damage
Status: in_force

28-1107. Liability; highway or structure damage

A. A person driving a vehicle, object or contrivance on a highway or highway structure is liable for all damage that the highway or structure may sustain as a result of an illegal operation or driving or moving of the vehicle, object or contrivance or as a result of operating, driving or moving a vehicle, object or contrivance weighing or measuring in excess of the maximum weight or height in this article even if authorized by a special permit issued as provided in section 28-1094 or 28-1103.

B. If the driver is not the owner of the vehicle, object or contrivance but is operating, driving or moving the vehicle, object or contrivance with the express or implied permission of the owner, the owner and driver are jointly and severally liable for any damage.

C. The authorities in control of the highway or highway structure may recover the damage in a civil action.
A.R.S. § 28-1593 — Arizona Code / Title 28 / Chapter 5 / Article 4 / Section 1593
28-1593 Service of uniform traffic ticket and complaint
Status: in_force

28-1593. Service of uniform traffic ticket and complaint

A. A traffic complaint may be served by delivering a copy of the uniform traffic ticket and complaint to the person charged with the violation or by any means authorized by the Arizona rules of civil procedure. At the discretion of the issuing authority, a complaint for a violation issued after an investigation in conjunction with a traffic accident may be sent by certified mail, return receipt requested and delivered to addressee only, to the address provided by the person charged with the violation. Service of the complaint is complete on filing the receipt in the court having jurisdiction of the violation.

B. The original complaint shall be filed in a court having jurisdiction of the violation within ten court days of the time the complaint was issued. A peace officer, or duly authorized agent or someone paid to act on behalf of a traffic enforcement agency, may issue the traffic complaint.