A.R.S. § 28-6924 — Arizona Code / Title 28 / Chapter 20 / Article 2 / Section 6924
28-6924 Progress payments; changed or additional work; attorney fees; definitions
Status: in_force

28-6924. Progress payments; changed or additional work; attorney fees; definitions

A. The following apply to the department's highway construction projects awarded pursuant to section 28-6923, 28-7365 or 28-7366:

1. Progress payments may be made by the department to the contractor on the basis of a duly certified and approved estimate of the work performed during a preceding period of time.  The progress payments shall be paid on or before fourteen days after the estimate of the work is certified and approved. The estimate of the work shall be deemed received by the department on submission to the person designated by the department for the submission, review or approval of the estimate of the work. An estimate of the work submitted under this section shall be deemed approved and certified seven days after the date of submission unless before that time the department prepares and issues a specific written finding detailing those items in the estimate of the work that are not approved and certified under the contract.  The department may withhold an amount from the progress payment that is sufficient to pay the expenses the department reasonably expects to incur in correcting the deficiency set forth in the written finding. On completion and acceptance of separate divisions of the contract on which the price is stated separately in the contract, payment may be made in full including retained percentages, less deductions, unless a substitute security has been provided.

2. The contractor shall pay to the contractor's subcontractors or material suppliers and each subcontractor shall pay to the subcontractor's subcontractors or material suppliers, within seven days after receipt of each progress payment, unless otherwise agreed in writing by the parties, the respective amounts allowed the contractor or subcontractor on account of the work performed by the contractor's or subcontractor's subcontractors or material suppliers, to the extent of each subcontractor's or material supplier's interest in the amount. These payments to subcontractors or material suppliers shall be based on payments received pursuant to this section. Any diversion by the contractor or subcontractor of payment received for work performed on a contract or failure to reasonably account for the application or use of the payments constitutes grounds for disciplinary action by the registrar of contractors. A subcontractor or material supplier shall notify the registrar of contractors and the department in writing of any payment less than the amount of percentage approved for the class or item of work as set forth in this section.

3. A subcontractor may notify the department in writing requesting that the subcontractor be notified by the department in writing within five days after payment of each progress payment that is made to the contractor.  The subcontractor's request under this paragraph remains in effect for the duration of the subcontractor's work on the project.

4. If any payment to a contractor is delayed after the date due, interest shall be paid at the rate of one percent per month or a fraction of the month on the unpaid balance.

5. If any periodic or final payment to a subcontractor or material supplier is delayed by more than seven days after receipt of the periodic or final payment by the contractor or subcontractor, the contractor or subcontractor shall pay the subcontractor or material supplier interest, beginning on the eighth day, at the rate of one percent per month or a fraction of a month on the unpaid balance.

B. A contract for construction shall not materially alter the rights of any contractor, subcontractor or material supplier to receive prompt and timely payment as provided under this section.

C. This section does not prevent a contractor or subcontractor, at the time of application and certification to the department or contractor, from withholding the application and certification to the department or contractor for payment to the subcontractor or material supplier for unsatisfactory job progress, defective construction work or materials not remedied, disputed work or materials, third-party claims filed or reasonable evidence that a claim will be filed, failure of a subcontractor to make timely payments for labor, equipment and materials, damage to the contractor or another subcontractor, reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract amount or a reasonable amount for retention that does not exceed the annual percentage retained by the department.

D. This section does not create a duty of the department to a subcontractor or material supplier other than the duty to notify pursuant to subsection A, paragraph 3 of this section and does not create a cause of action in favor of a subcontractor or material supplier against this state, the department or any state employee or agent.

E. If the department directs the contractor in writing to perform changed or additional work in accordance with the terms of the construction contract and the contractor submits to the department a reasonable cost estimate of the changed or additional work as may be required under the construction contract, pending a final determination of the total amount to be paid for the changed or additional work, the contractor may request payment for changed or additional work that the contractor completed during the preceding calendar month in monthly pay estimates based on the costs the contractor incurred to perform that work.  The person designated in the construction contract to certify and approve the monthly payment estimate shall make an interim determination for purposes of approval for payment of those costs and certify for payment the amount that person determines to be reasonably justified. Either party may disagree with the interim determination and may assert a claim in accordance with the terms of the construction contract.

F. If the department directs the contractor in writing to perform changed or additional work in accordance with the construction contract and the contractor submits to the department a reasonable cost estimate of the changed or additional work as may be required under the construction contract and if the contractor directs the subcontractor to perform the changed or additional work in accordance with the terms of the agreement between the contractor and subcontractor and the subcontractor submits to the contractor a reasonable cost estimate of the changed or additional work as may be required under the construction contract, pending a final determination of the total amount to be paid for the changed or additional work, the subcontractor may request payment from the contractor for the changed or additional work that the subcontractor completed during the preceding calendar month in monthly pay estimates based on the costs the subcontractor incurred to perform that work.  Either party may disagree with the interim determination and may assert a claim in accordance with the terms of the agreement between the contractor and subcontractor.

G. In any action or arbitration brought pursuant to this section, the successful party shall be awarded reasonable attorney fees and costs.

H. For the purposes of this section:

1. "Construction contract" means a written agreement relating to constructing, altering or repairing all work on state highways.

2. "Contractor":

(a) Means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that has a direct contract with the department to perform work under a construction contract.

(b) Does not include an agricultural improvement district formed pursuant to title 48, chapter 17, an electric cooperative formed pursuant to title 10, chapter 19, article 2 or 4 or a domestic water improvement district or a domestic wastewater improvement district formed pursuant to title 48, chapter 6, article 4.

3. "Costs" means the aggregate costs of all labor, materials, equipment and services.

4. "Subcontractor":

(a) Means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that has a direct contract with a contractor or another subcontractor to perform a portion of the work under a construction contract.

(b) Does not include an agricultural improvement district formed pursuant to title 48, chapter 17, an electric cooperative formed pursuant to title 10, chapter 19, article 2 or 4 or a domestic water improvement district or a domestic wastewater improvement district formed pursuant to title 48, chapter 6, article 4.

5. "Work" means the labor, materials, equipment and services to be provided by a contractor or subcontractor under a construction contract.
A.R.S. § 28-2471 — Arizona Code / Title 28 / Chapter 7 / Article 13 / Section 2471
28-2471 Honored military license plates; procedures; transfers; violation; classification
Status: in_force

28-2471. Honored military license plates; procedures; transfers; violation; classification

A. The department shall issue or renew military license plates issued pursuant to this article in lieu of the regular license plates pursuant to the following conditions and procedures and only if the requirements prescribed by this article for the requested license plates are met:

1. A person who is the registered owner of a vehicle registered with the department or who applies for an original or renewal registration of a vehicle may submit to the department a completed application form as prescribed by the department.

2. The department shall issue license plates only to the owner or lessee of a vehicle that is currently registered, including any vehicle that has a declared gross weight, as defined in section 28-5431, of twenty-six thousand pounds or less.

B. On notification to the department, a person who is issued license plates pursuant to this article may transfer the license plates to another vehicle for which the person is the registered owner or lessee.  If a person who is issued license plates sells, trades or otherwise releases ownership of the vehicle on which the plates have been displayed, the person shall immediately report the transfer of the plates to the department or the person shall surrender the plates to the department as prescribed by the director. It is unlawful for a person to whom the plates have been issued to knowingly permit them to be displayed on a vehicle except the vehicle authorized by the department.

C. The owner shall affix the license plates to the vehicle for which registration is sought in lieu of the regular license plates.

D. A person is guilty of a class 3 misdemeanor who:

1. Violates subsection B of this section.

2. Fraudulently gives false or fictitious information in the application for or renewal of license plates issued pursuant to this article.

3. Conceals a material fact or otherwise commits fraud in the application for or renewal of license plates issued pursuant to this article.
A.R.S. § 28-3307 — Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3307
28-3307 Order to complete traffic survival school educational sessions
Status: in_force

28-3307. Order to complete traffic survival school educational sessions

A. If a licensee is required to attend and successfully complete approved traffic survival school educational sessions designed to improve the safety and habits of drivers pursuant to section 28-645, 28-647, 28-672, 28-695, 28-3306 or 28-3321, the department shall indicate on the computer record that the licensee is required to complete traffic survival school educational sessions.

B. On successful completion of the traffic survival school educational sessions, the department shall record satisfaction of the requirement on the licensee's computer record.
A.R.S. § 28-1461 — Arizona Code / Title 28 / Chapter 4 / Article 5 / Section 1461
28-1461 Use of certified ignition interlock devices; reporting
Status: in_force

28-1461. Use of certified ignition interlock devices; reporting

A. If a person's driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402:

1. The person shall:

(a) Pay the costs for installation and maintenance of the certified ignition interlock device.

(b) Provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle operated by the person.

(c) Provide proof of compliance to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.

(d) Provide proof of calibration of the certified ignition interlock device to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.

2. The department shall not reinstate the person's driving privilege or issue a special ignition interlock restricted driver license until the person has installed a functioning certified ignition interlock device in each motor vehicle operated by the person and has provided proof of installation to the department.

B. While a person maintains a functioning certified ignition interlock device in a vehicle pursuant to this chapter, the ignition interlock manufacturer shall electronically provide the following information to the department in the manner and format prescribed by the department in rule, and the department shall reject any information that does not meet these requirements:

1. Any tampering or circumvention.

2. Any failure to provide proof of compliance or inspection of the certified ignition interlock device as prescribed in this section.

3. Any attempt to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28-1381, subsection G, paragraph 3 or, if the person is under twenty-one years of age, any attempt to operate the vehicle with any spirituous liquor in the person's body.

4. Each time that a person fails to properly perform any set of three consecutive rolling retests that occur during a drive cycle.

C. If the person is under eighteen years of age, the ignition interlock service provider, if requested by the person's parent or legal guardian, shall provide to the person's parent or legal guardian the information prescribed in subsection B of this section.

D. On request, the ignition interlock manufacturer shall provide the information prescribed in subsection B of this section to:

1. The department of health services authorized provider.

2. The probation department that is providing alcohol or other drug screening, education or treatment to the person.

3. The physician, psychologist, physician assistant, registered nurse practitioner or addiction counselor who is evaluating the person's ability to safely operate a motor vehicle following a revocation of the person's driving privilege as prescribed in section 28-3315, subsection D.

4. The court.

E. The department shall extend an ignition interlock restricted or limited driver license and the certified ignition interlock device period for six months if the department has reasonable grounds to believe that any of the following applies:

1. The person tampered with or circumvented the certified ignition interlock device.

2. The person attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28-1381, subsection G, paragraph 3, two or more times during the period of license restriction or limitation.

3. If the person is under twenty-one years of age, the person attempted to operate the vehicle with any spirituous liquor in the person's body during the period of license restriction or limitation.

4. The person failed to provide proof of compliance or inspection as prescribed in this section.

5. The person attempts to operate the vehicle with an alcohol concentration of 0.08 or more during a six month extension pursuant to this subsection.

6. The person fails to properly perform any set of three consecutive rolling retests that occur during a drive cycle.

F. If the special ignition interlock restricted license is extended pursuant to subsection E of this section, the limitations prescribed in sections 28-1381, 28-1382, 28-1383 and 28-3319 do not begin until the restrictive period of the license ends.

G. The department shall make a notation on the driving record of a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383, 28-1385 or 28-3319 or restricted pursuant to section 28-1402 that states that the person shall not operate a motor vehicle unless it is equipped with a certified ignition interlock device.  Unless the person is convicted of a second or subsequent violation of section 28-1381, 28-1382 or 28-1383, the notation may not include any mark, color change or other notation or indication on the person's physical driver license.

H. Proof of compliance does not include a skipped or missed random sample if the motor vehicle's ignition is off at the time of the skipped or missed sample.
A.R.S. § 28-9203 — Arizona Code / Title 28 / Chapter 27 / Article 1 / Section 9203
28-9203 Risk management; payment of costs
Status: in_force

28-9203. Risk management; payment of costs

The organization that operates a light rail transit system shall:

1. Pay for any risk management costs the department incurs resulting from the department's safety oversight of light rail transit systems pursuant to this chapter.

2. Pay for judgments against this state resulting from the department's safety oversight of light rail transit systems pursuant to this chapter.
A.R.S. § 28-6747 — Arizona Code / Title 28 / Chapter 19 / Article 2 / Section 6747
28-6747 Sale of bonds; highway improvement fund; disposition of proceeds; use of surplus monies
Status: in_force

28-6747. Sale of bonds; highway improvement fund; disposition of proceeds; use of surplus monies

A. The board of supervisors shall:

1. Sell bonds issued under this article in the same manner as other county bonds.

2. Deposit the proceeds in the highway improvement fund to be paid out by the county treasurer only on order of the county highway commission and to be used only for the purpose for which they were authorized at the election.

B. Any surplus remaining in the fund after completion of the improvement for which the bonds were voted shall be transferred to the general road fund of the county and the board of supervisors may spend the surplus either for repair of county roads or for construction of state highways or roads connecting with state highways.

C. If the county highway commission determines that a surplus of more than one hundred thousand dollars remains in the fund after completion of all work under the contract, it may report that fact in writing to the board. The board of supervisors shall direct the county highway commission to spend the surplus on designated state highways or roads connecting with state highways without waiting for completion of the work on the improvement of the highways for which the bonds were voted. The county highway commission shall direct the expenditure of this surplus.
A.R.S. § 28-406 — Arizona Code / Title 28 / Chapter 2 / Article 4 / Section 406
28-406 Interstate agreements; dealer or manufacturer plates
Status: in_force

28-406. Interstate agreements; dealer or manufacturer plates

The director may enter into agreements with other states on behalf of this state relating to reciprocity in the use of dealer or manufacturer plates on vehicles. The agreements shall permit motor vehicle dealers or manufacturers in another state to use dealer or manufacturer plates issued by that state in this state without registration of the vehicle or payment of taxes in this state. The use of these plates is subject to the same terms and conditions that the other state imposes on the use of the plates in the other state by a motor vehicle dealer or manufacturer doing business in this state without registration of the vehicle or payment of the taxes in the other state.
A.R.S. § 28-454 — Arizona Code / Title 28 / Chapter 2 / Article 5 / Section 454
28-454 Records maintained by department of transportation; redaction; definitions
Status: in_force

28-454. Records maintained by department of transportation; redaction; definitions

A. Notwithstanding sections 28-447 and 28-455, an eligible person may request that persons be prohibited from accessing the eligible person's identifying information, including any of the following:

1. That person's documents, contained in any record maintained by the department.

2. If the person is a public official, the address of a property held in trust by the public official.

B. An eligible person may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties, an organization of peace officers and the department:

1. The person's full legal name and residential address.

2. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall attach a copy of the order of protection or injunction against harassment.

3. The reasons the person reasonably believes that the person's life or safety or that of another person is in danger and that redacting the identifying information from the department's public records will serve to reduce the danger.

C. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent multiple filings, an eligible person who is a peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.

D. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants. Each affidavit presented shall be attached to the petition. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.

E. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted.  The presiding judge of the superior court shall order the redaction of the residence address and telephone number from the public records maintained by the department if the judge concludes that this action will reduce a danger to the life or safety of the affiant or another person.

F. On entry of the court order, the clerk of the superior court shall file the court order with the department.  Not more than one hundred fifty days after the date the department receives the court order, the department shall redact the identifying information of the affiants listed in the court order from the public records of the department. The identifying information shall not be disclosed and is not part of a public record.

G. If the court denies an affiant's request pursuant to this section, the affiant may request a court hearing. The hearing shall be conducted by the court in the county where the petition was filed.

H. On motion to the court, if the presiding judge of the superior court concludes that identifying information has been sealed in error or that the cause for the original affidavit no longer exists, the presiding judge may vacate the court order prohibiting public access to the identifying information.

I. Notwithstanding sections 28-447 and 28-455, the department shall not release a photograph of a peace officer if the peace officer has made a request as prescribed in this section that persons be prohibited from accessing the peace officer's identifying information in any record maintained by the department.

J. This section does not prohibit the use of a peace officer's photograph that is either:

1. Used by a law enforcement agency to assist a person who has a complaint against an officer to identify the officer.

2. Obtained from a source other than the department.

K. For the purposes of this section:

1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.

2. "Commissioner" means a commissioner of the superior court or municipal court.

3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.

4. "Election officer" means a state, county or municipal employee who holds an election officer's certificate issued pursuant to section 16-407.

5. "Eligible person" means a health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased public officer, justice, judge or former judge, commissioner, hearing officer, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the commission on appellate court appointments, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment or firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety.

6. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.

7. "Health professional" means an individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25 or 33.

8. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.

9. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.

10. "Justice" means a justice of the United States supreme court or the Arizona supreme court or a justice of the peace.

11. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.

12. "Peace officer":

(a) Has the same meaning prescribed in section 1-215.

(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.

13. "Prosecutor" means a current or former United States attorney, county attorney, municipal prosecutor or attorney general and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.

14. "Public official" means a person who is duly elected or appointed to Congress, the legislature, a statewide office or a county, city or town office.
A.R.S. § 28-2413 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2413
28-2413 Environmental special plates
Status: in_force

28-2413. Environmental special plates

A. The department shall issue environmental special plates. The environmental special plates shall have the same basic color and design as the environmental license plates issued on or before December 31, 1992, except that the department may make minor alterations of environmental special plates to make the plates more reflective and readable during the daylight and nighttime hours.

B. Of the $25 fee required by section 28-2402 for original environmental special plates and for renewal of environmental special plates, $8 is a special plate administration fee and $17 is an environmental plate 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 deposit the environmental plate annual donations in the environmental special plate fund established by section 41-6013 for disbursement by the state land department for environmental education programs.
A.R.S. § 28-4460 — Arizona Code / Title 28 / Chapter 10 / Article 5 / Section 4460
28-4460 Factories; competition or unfair discrimination prohibited; definitions
Status: in_force

28-4460. Factories; competition or unfair discrimination prohibited; definitions

A. A factory shall not directly or indirectly compete with or unfairly discriminate among its dealers.

B. Competing with or unfair discrimination includes any one of the following:

1. The factory having an ownership interest or franchise interest in, or operating or acting in the capacity of, a new motor vehicle dealer or a used motor vehicle dealer, except that:

(a) A factory is not prohibited from owning or operating as a new motor vehicle dealer for a temporary period if either of the following applies:

(i) The temporary period is not more than twelve months during the transition from one dealer to another dealer if the dealership is for sale and is being actively marketed by the factory at a bona fide reasonable price and on reasonable terms and conditions to any independent qualified buyer.

(ii) The factory submits evidence that disposition of its interest will result in financial loss to the factory or dealership.

The temporary period may be extended in one year increments if either of the requirements of this subdivision are met.

(b) A factory is not prohibited from temporarily owning a dealership while in a bona fide relationship with a qualified person. A bona fide relationship with a person who is qualified requires that:

(i) The total sales price of the dealership is not less than an amount that is consistent with standard business practices.

(ii) The independent qualified person make a substantial unencumbered bona fide initial investment in the dealership that is reasonable and consistent with standard business practices.

(iii) The bona fide initial investment of the qualified person is subject to potential loss.  The qualified person's percentage share of any potential dealership losses shall not be less than the person's percentage share of ownership of the dealership at the time of the loss.

(iv) The qualified person buy substantial portions of the factory's remaining ownership interest in substantial regular periodic payments throughout the acquisition period.

(v) The qualified person can expect to acquire and retain full and complete ownership of the dealership within a reasonable period of time that is not longer than ten years and on reasonable terms and conditions that are consistent with standard business practices. The ten-year acquisition period may be extended for good cause shown by the qualified person.

(vi) During the acquisition period if the qualified person is paid a management fee, the management fee shall be reasonable and consistent with standard business practices for an individual managing a franchise of similar size and volume of sales and leases of vehicles or products.

(c) A factory is not prohibited from owning on a permanent basis a minority interest in a dealership if all of the following conditions are satisfied:

(i) The interest owned by the factory is not more than forty-five percent or the percentage interest actually owned by the factory on January 1, 2000, whichever is less.

(ii) Any dealership in which the factory owns the interest shall not be less than seventy-five miles from the nearest dealership of the same line-make in which the factory does not own the interest.

(iii) All dealerships in which the factory owns the interest shall not sell or lease more than one of the line-makes of new motor vehicles and parts manufactured by the factory.

(iv) All dealerships in which the factory owns the interest shall sell or lease the same line-make of new motor vehicles and parts manufactured by the factory.  The dealerships may also sell or lease new motor vehicles and parts of a line-make manufactured by a factory that does not have an ownership interest in the dealership.

(v) The factory or an entity in which the factory has the interest must have been licensed in this state as a new motor vehicle dealer on January 1, 2000 selling the line-make of new motor vehicle manufactured by the factory.

(vi) The factory must have owned the interest in at least one dealership selling the line-make manufactured by the factory on January 1, 2000.

(vii) The factory or an entity in which the factory has the interest shall not sell any line-make of new motor vehicle that it was not selling in this state before January 1, 2000.

(viii) All automotive related services and financing related to the line-make or the factory owning the interest shall be sold or provided only to owners of vehicles of the line-make, regardless of where the vehicle was purchased, or to any purchasers of any new or used motor vehicles purchased from a dealership in which the factory has an interest.  This item shall not preclude that dealership from selling or providing any nonwarranty repairs or maintenance on motor vehicles of any line-make or warranty repairs or maintenance of any line-make of new motor vehicles sold by the dealership and not manufactured by the factory.

(ix) All used motor vehicles of a line-make manufactured by the factory, other than the line-make that the dealership sells or leases new, acquired by the dealership, directly or indirectly from the factory, shall be acquired only at wholesale auction open to dealers of all line-makes manufactured by the factory.

2. The factory selling, leasing, providing or updating, or offering to sell, lease, provide or update, a vehicle or product, service or financing to any retail consumer or lead, including a subscription service for a motor vehicle feature that uses components and hardware that is already installed on the motor vehicle at the time of purchase or lease and would function after activation without ongoing cost to or support by the dealer, manufacturer, factory, distributor or third-party service provider.  This paragraph does not:

(a) Prohibit a factory from advertising to sell, lease or provide a vehicle or product, service or financing through its dealers.

(b) Prohibit a factory from selling, leasing, providing or updating or offering to sell, lease, provide or update a vehicle or product, service or financing through its dealers.

(c) Prohibit a factory from providing a vehicle or product or service for occasional promotional or charitable uses.

(d) Prohibit a factory from selling, leasing or providing a vehicle or product, service or financing to an agency of the federal government.

(e) Prohibit a factory from selling or leasing a vehicle or product, service or financing through its dealers to retail consumers who qualify for any reasonable factory sponsored factory employee, factory retiree or factory vendor new vehicle purchase program or any other reasonable similar factory related new vehicle purchase program.

(f) Prohibit a factory from providing financing to retail consumers through any used motor vehicle dealer or new motor vehicle dealer of any line-make.

(g) Prohibit a factory from providing a loan directly to a person or entity if the loan is for a purpose unrelated to the ownership or leasing of a new motor vehicle or a used motor vehicle not for resale.

(h) Prohibit a factory from providing loans directly to used motor vehicle dealers or new motor vehicle dealers of any line-make for any purpose, including working capital, real estate, construction or motor vehicle or parts inventories.

(i) Prohibit a factory from arranging or providing emergency roadside service.

(j) Prohibit a factory from offering factory sponsored extended service contracts to purchasers of new motor vehicles, provided that:

(i) Such offers shall not take place less than ninety days after the date the retail consumer takes delivery of the new motor vehicle.

(ii) Such offers are made to retail consumers only at the manufacturer's suggested retail price.

(k) Prohibit a factory from selling a lease vehicle to the original lessee pursuant to a purchase option set forth in the lease. Such sale may be a credit sale with the factory as the credit seller and may include the direct sale of extended service contracts at the manufacturer's suggested retail price.

(l) Prohibit a factory, at the request of a motor vehicle lessee, from extending a lease of a motor vehicle.

(m) Prohibit a factory from offering and approving a retail consumer credit application for the financing or leasing of a motor vehicle if both of the following apply:

(i) The final transaction takes place through a licensed motor vehicle dealer.

(ii) The factory does not establish or quote any interest rate, finance rate or lease rate in association with a credit application.

(n) Prohibit a factory from renewing or charging any subscription or connection fees for any in-vehicle electronic wireless communication, information or entertainment services such as navigation system updates, satellite radio, roadside assistance, software-dependent driver assistance or driver automation features and vehicle-connected services that rely on cellular or other data networks for continued operation.

3. The factory controlling any aspect of the final amount charged, the final sales price or the final lease price for any vehicle or product, trade-in or service offered to retail consumers in a dealer's area of responsibility without the written consent of the dealer. The dealer's consent may be withdrawn on forty-five days' notice without retribution or the threat of retribution from the factory.  This paragraph does not prohibit a factory from:

(a) Changing dealer cost or establishing any of the following:

(i) Manufacturer's suggested retail price pursuant to 15 United States Code section 1232.

(ii) Factory's suggested retail price for parts.

(iii) Factory's suggested retail price for service.

(b) Establishing from time to time reasonable sales, lease or financing promotions of reasonable and limited duration. Programs up to a year are presumed to be of reasonable and limited duration.

(c) Establishing reasonable standard feature option packages or vehicle option content in any way.

(d) Establishing the terms of any vehicle warranty.

(e) Establishing reasonable sales, lease or financing terms through its dealers to retail consumers who qualify for any reasonable factory sponsored factory employee, factory retiree or factory vendor new vehicle purchase program or any other reasonable similar factory related new vehicle purchase program.

(f) Linking the factory's internet site to internet sites maintained by its dealers or third parties, or to internet sites maintained jointly by the factory and its dealers and made available to all of the factory's dealers of the same line-make, provided that the factory shall not dictate, limit, establish, set or endorse as a basis for a retail transaction any price other than the manufacturer's suggested retail price.

(g) Establishing the price at which the lessee of a motor vehicle may purchase or re-lease that motor vehicle on expiration or termination of that lessee's lease.

(h) Operating or facilitating a program or system through which individual dealers may provide quotes or offers to individual consumers.

4. The factory refusing to unconditionally offer and provide to its same line-make dealers all models, series and editions of new motor vehicles that are publicly advertised for that line-make in this state. The failure to deliver any new motor vehicles shall not be considered a violation of this paragraph if the failure is caused by a lack of manufacturing capacity, labor strike, shortage of materials or trade embargo or any other condition over which the factory has no control.  A factory may require a dealer to purchase reasonable quantities of advertising materials, purchase reasonable quantities of special tools required to properly service a motor vehicle and undertake reasonable salesperson or service person training related to the motor vehicle as a condition of receiving a motor vehicle.  This paragraph does not:

(a) Apply to recreational vehicle manufacturers.

(b) Prohibit a factory from providing monetary, financial or optional equipment incentives to fleet purchasers for new motor vehicles not for resale.

5. The factory denying to any dealer any price reduction, rebate, incentive payment or similar pricing device relating to the sale or offer to sell a new motor vehicle to a dealer, pursuant to a program that discriminates among dealers of the same line-make in this state, when the dealer cannot qualify or receive the benefits of the program for reasons other than the dealer's failure to use reasonable effort to qualify and the terms of the program are such that a failure to qualify or receive its benefits would constitute the constructive termination of the dealer.

6. The factory failing to provide or direct a lead relating to a particular line-make either:

(a) To the dealer with whom the lead has a preexisting relationship.

(b) To the dealer of the same line-make that is located closest to where the lead resides, or to the local business address if the lead is a business.

(c) To the dealer of the same line-make in whose assigned area of responsibility the lead resides, or the local business address if the lead is a business.

(d) According to the lead's voluntary preference.

7. The factory implementing or modifying a vehicle reservation system for the sale or lease of motor vehicles that does not comply with the following requirements:

(a) A vehicle reservation system designed, implemented or controlled by the factory that allocates vehicles to dealers shall use customer dealer selection or other objective criteria to allocate the vehicles.

(b) At least thirty days before implementing a vehicle reservation system, a factory shall make available to its dealers a description of the reservation program rules and requirements through the system, as applicable.  Notice of a material change to the rules and requirements shall be provided by the factory to its dealers at least thirty days before the changes becoming effective.

C. Under subsection B, paragraph 6 of this section:

1. The factory need not provide or direct a lead to a dealer who does not sell the vehicle or product, service or financing in which the lead expresses an interest.

2. The factory is responsible only for providing to the dealer information that it possesses concerning the lead.

3. The factory is not precluded from providing or directing leads to any other dealer of the same line-make.

4. All leads are provided or directed in a fair, nondiscriminatory, equitable and timely manner to dealers and, except as provided in subsection D of this section, without charging a fee for those leads.

D. Subsection B, paragraph 6 of this section does not apply to any factory sponsored internet-based program specifically designed to provide retail consumers with internet access to dealer quotations on vehicles, products, financing or services if:

1. Fees for the program are reasonable and consistent with industry standards.

2. Dealer participation is not conditioned on participation in any other program or on ratings derived from customer surveys.

E. A manufacturer or distributor may not recover all or any portion of its costs for compensating a dealer for warranty parts and service, including parts and service associated with vehicle recalls, either by reduction in the amount due the dealer or by separate charge, surcharge, administrative fee or other imposition. This subsection does not prohibit a manufacturer or distributor from increasing the wholesale price of a vehicle or part in the ordinary course of business.

F. For the purposes of this section:

1. "Controlling" means dictating, limiting, establishing, setting or endorsing as a basis for a retail transaction any price other than the manufacturer's suggested retail price.

2. "Dealer" or "dealership" means a new motor vehicle dealer or franchisee.

3. "Factory":

(a) Means a manufacturer, importer or distributor or any legal entity in which a manufacturer, importer or distributor owns a majority interest or has direct or indirect power to direct or cause the direction of the management whether through voting securities, contract or otherwise.

(b) Includes successors in interest to all entities described in subdivision (a) of this paragraph that continue retail operations selling or servicing the same line-make as any motor vehicle dealer that has, as of the effective date of such succession, a franchise to sell and service such line-make, including successors that acquire the interests by purchase, merger or conversion.

(c) Excludes any new motor vehicle dealer, used motor vehicle dealer or trailer manufacturer.

(d) Excludes any agent, affiliate, representative or subsidiary that is primarily engaged in the business of rental of passenger and commercial motor vehicles and industrial and construction equipment and activities incidental to that business if all of the following conditions are satisfied:

(i) Passenger and commercial motor vehicles sold by the agent, affiliate, representative or subsidiary are limited to used passenger and commercial motor vehicles that have been previously used exclusively and regularly by the agent, affiliate, representative or subsidiary in the conduct of business and used passenger and commercial motor vehicles traded in on motor vehicles sold by the agent, affiliate, representative or subsidiary.

(ii) Warranty repairs performed by the agent, affiliate, representative or subsidiary on passenger and commercial motor vehicles are limited to those passenger and commercial motor vehicles that it owns, previously owned or takes in trade.

(iii) Motor vehicle financing provided by the agent, affiliate, representative or subsidiary to retail consumers for passenger and commercial motor vehicles is limited to vehicles sold by the agent, affiliate, representative or subsidiary in the conduct of business.

4. "Financing":

(a) Means the financial service of providing retail consumers the ability to pay for a purchase or lease of a new or used motor vehicle, parts or services over an extended period of time.

(b) Does not include the furnishing of credit cards capable of general use in retail transactions or the provision of any loans secured by real estate.

5. "Motor vehicle feature" means a convenience or safety function included on a motor vehicle, such as heated seats or driver assistance, that typically is offered to a consumer as an upgrade at the time of purchase or lease of the motor vehicle.

6. "Parts":

(a) Means all items that are designed to be incorporated within or attached to or used to operate, maintain or service a motor vehicle.

(b) Does not include any of the following:

(i) Parts purchased or provided for use by professional racing enterprises.

(ii) Parts no longer included in the current factory price schedule.

(iii) Specialized parts for research vehicles or other similar uses of limited application.

(iv) Owners' manuals or repair manuals.

(v) Parts that are provided by an automotive recycler in the normal course of business for an automotive recycler.

(vi) Motor vehicle keys.

7. "Service" means either of the following:

(a) Motor vehicle warranty and nonwarranty repairs or maintenance, including both parts and labor.

(b) Extended warranties, vehicle mechanical maintenance insurance and similar vehicle repair service contracts.

8. "Subscription service":

(a) Means a service that is provided in exchange for a recurring payment, including a weekly, monthly or annual payment that is charged to and made by a consumer.

(b) Does not include a consumer's recurring payment made pursuant to a retail installment contract as defined in section 44-281 or lease as defined in section 47-2A103.

9. "Vehicle or product" means a new motor vehicle, a used motor vehicle or parts.

10. "Vehicle reservation system" means a process that is used to hold open the opportunity for a specified consumer to place an order for the purchase or lease of a new motor vehicle.
A.R.S. § 28-456 — Arizona Code / Title 28 / Chapter 2 / Article 5 / Section 456
28-456 Subsequent sale or disclosure of record information by authorized recipient
Status: in_force

28-456. Subsequent sale or disclosure of record information by authorized recipient

A. Except as provided in subsection B of this section, an authorized recipient of personal information may resell or redisclose the information only for a use permitted under section 28-455, subsection B or C.

B. An authorized recipient under section 28-455, subsection C, paragraph 11 may resell or redisclose personal information for any lawful purpose.

C. Any authorized recipient, except a recipient under section 28-455, subsection C, paragraph 11, that resells or rediscloses personal information covered by this section shall keep for a period of five years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and shall make the records available to the department on request.
A.R.S. § 28-7759 — Arizona Code / Title 28 / Chapter 22 / Article 2 / Section 7759
28-7759 Notice of toll evasion
Status: in_force

28-7759. Notice of toll evasion

A. Within thirty days after a toll evasion occurs, the toll operator may deliver to each person liable for the toll a notice of toll evasion.

B. The notice of toll evasion shall include all of the following:

1. The date and approximate time of the transaction on or use of the toll facility resulting in the toll evasion and the approximate location where the transaction or use occurred.

2. The vehicle license plate number.

3. If known, the make of the motor vehicle.

4. If possible, a representative photograph or image of the license plate on the motor vehicle that incurred the toll transaction.

5. The amount of the toll and any administrative charges and penalties, each stated separately.

6. A statement that notice of payment due was sent and the person failed to remit payment as required.

7. The deadline by which payment must be made to avoid incurring additional charges and other consequences provided by law. This deadline shall not be less than twenty calendar days after the date that the notice of toll evasion is delivered.

8. A statement that if the notice of toll evasion is not paid by the deadline the nonpayment is a civil violation subject to additional charges and actions against the notice recipient as provided in this article and any other applicable law.

9. The address of the person to whom payments may be sent.

10. A statement describing the acceptable methods for making payment, including by mail.

11. A clear and concise explanation of the administrative procedures under this article for contesting the notice of toll evasion and appealing an adverse decision.

12. A statement referring the recipient to this article for further information on the law applicable to enforcement of tolls and the recipient's rights and obligations.
A.R.S. § 28-7946 — Arizona Code / Title 28 / Chapter 23 / Article 2 / Section 7946
28-7946 Violation; classification
Status: in_force

28-7946. Violation; classification

A person who violates this article or a rule of the director adopted under this article is guilty of a class 2 misdemeanor.
A.R.S. § 28-5736 — Arizona Code / Title 28 / Chapter 16 / Article 2 / Section 5736
28-5736 Bond requirement
Status: in_force

28-5736. Bond requirement

A. The director may require an interstate user or applicant to post a surety or cash bond if one or more of the following apply:

1. The interstate user fails to file tax reports timely or to remit taxes timely.

2. The director determines that the interests of this state or member jurisdictions are in jeopardy.

3. The applicant is not based in a jurisdiction that is a member of the international fuel tax agreement.

4. The applicant does not have a good standing status from another member jurisdiction as a result of a previous license.

5. The applicant does not have history as a motor carrier in this state or any other member jurisdiction.

B. If required, the surety or cash bond:

1. Shall indicate that the interstate user is the principal obligor and the state is the obligee.

2. Shall be conditioned on the interstate user faithfully complying with this article and the prompt filing of true reports and payment by the interstate user of all use fuel taxes and fees due or accrued under this article, together with all penalties and interest on the taxes and fees.

3. Shall be in an amount that is prescribed by the director and that does not exceed one hundred thousand dollars.
A.R.S. § 28-1872 — Arizona Code / Title 28 / Chapter 6 / Article 4 / Section 1872
28-1872 Adoption of compact
Status: in_force

28-1872. Adoption of compact

The nonresident violator compact is adopted and enacted into law as follows:

Nonresident Violator Compact

Article I

Findings, Declaration of Policy and Purpose

(a) The party jurisdictions find that:

(1) In most instances, a motorist who is cited for a traffic violation in a jurisdiction other than his home jurisdiction either:

(i) Must post collateral or bond to secure appearance for trial at a later date.

(ii) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted.

(iii) Is taken directly to court for the trial to be held.

(2) In some instances, the motorist's driver's license may be deposited as collateral to be returned after he has complied with the terms of the citation.

(3) The purpose of the practices described in paragraphs (1) and (2) above is to ensure compliance with the terms of a traffic citation by the motorist who, if permitted to continue on his way after receiving the traffic citation, could return to his home jurisdiction and disregard his duty under the terms of the traffic citation.

(4) A motorist receiving a traffic citation in his home jurisdiction is permitted, except for certain violations, to accept the citation from the officer at the scene of the violation and to immediately continue on his way after promising or being instructed to comply with the terms of the citation.

(5) The practice described in paragraph (1) above causes unnecessary inconvenience and, at times, a hardship for the motorist who is unable at the time to post collateral, furnish a bond, stand trial or pay the fine, and thus is compelled to remain in custody until some arrangement can be made.

(6) The deposit of a driver's license as a bail bond, as directed in paragraph (2) above, is viewed with disfavor.

(7) The practices described herein consume an undue amount of law enforcement time.

(b) It is the policy of the party jurisdictions to:

(1) Seek compliance with the laws, ordinances and administrative rules and regulations relating to the operation of motor vehicles in each of the jurisdictions.

(2) Allow motorists to accept a traffic citation for certain violations and proceed on their way without delay whether or not the motorist is a resident of the jurisdiction in which the citation was issued.

(3) Extend cooperation to its fullest extent among the jurisdictions for obtaining compliance with the terms of a traffic citation issued in one jurisdiction to a resident of another jurisdiction.

(4) Maximize effective utilization of law enforcement personnel and assist court systems in the efficient disposition of traffic violations.

(c) The purpose of this compact is to:

(1) Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate the policies enumerated in paragraph (b) above in a uniform and orderly manner.

(2) Provide for the fair and impartial treatment of traffic violators operating within party jurisdictions in recognition of the motorist's right of due process and the sovereign status of a party jurisdiction.

Article II

Definitions

(a) In the nonresident violator compact, the following words have the meaning indicated, unless the context requires otherwise.

(b) (1) "Citation" means any summons, ticket or other official document issued by a police officer for a traffic violation containing an order which requires the motorist to respond.

(2) "Collateral" means any cash or other security deposited to secure an appearance for trial, following the issuance by a police officer of a citation for a traffic violation.

(3) "Compliance" means the act of answering a citation, summons or subpoena through appearance at court or a tribunal or payment of fines and costs.

(4) "Court" means a court of law or traffic tribunal.

(5) "Driver's license" means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.

(6) "Home jurisdiction" means the jurisdiction that issued the driver's license of the traffic violator.

(7) "Issuing jurisdiction" means the jurisdiction in which the traffic citation was issued to the motorist.

(8) "Jurisdiction" means a state, territory or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, provinces of Canada or other countries.

(9) "Motorist" means driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.

(10) "Personal recognizance" means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation.

(11) "Police officer" means any individual authorized by the party jurisdiction to issue a citation for a traffic violation.

(12) "Terms of the citation" means those options expressly stated on the citation.

Article III

Procedure for Issuing Jurisdiction

(a) When issuing a citation for a traffic violation, a police officer shall issue the citation to a motorist who possesses a driver's license issued by a party jurisdiction and shall not, subject to the exceptions noted in paragraph (b) of this article, require the motorist to post collateral to secure appearance, if the officer receives the motorist's personal recognizance that he or she will comply with the terms of the citation.

(b) Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it should take place immediately following issuance of the citation.

(c) On failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report the failure to comply to the licensing authority of the jurisdiction in which the traffic citation was issued. The report shall be made in accordance with procedures specified by the issuing jurisdiction and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home jurisdiction.

(d) On receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist the information in a form and content as contained in the compact manual.

(e) The licensing authority of the issuing jurisdiction need not suspend the privilege of a motorist for whom a report has been transmitted.

(f) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation if the date of transmission is more than six months after the date on which the traffic citation was issued.

(g) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation where the date of issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.

Article IV

Procedure for Home Jurisdiction

(a) On receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action in accordance with the home jurisdiction's procedures to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority. Due process safeguards will be accorded.

(b) The licensing authority of the home jurisdiction shall maintain a record of actions taken and make reports to issuing jurisdictions as provided in the compact manual.

Article V

Applicability of Other Laws

Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party jurisdiction to apply any of its other laws relating to license to drive to any person or circumstance, or to invalidate or prevent any driver license agreement or other cooperative arrangements between a party jurisdiction and a nonparty jurisdiction.

Article VI

Compact Administrator Procedures

(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each party jurisdiction to be known as the compact administrator. The compact administrator shall be appointed by the jurisdiction executive and will serve and be subject to removal in accordance with the laws of the jurisdiction he represents. A compact administrator may provide for the discharge of his duties and the performance of his functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of his identity has been given to the board.

(b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor. Action by the board shall be only at a meeting at which a majority of the party jurisdictions are represented.

(c) The board shall elect annually, from its membership, a chairman and vice-chairman.

(d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power to amend and rescind its bylaws.

(e) The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any jurisdiction, the United States or any other governmental agency, and may receive, utilize and dispose of the same.

(f) The board may contract with or accept services or personnel from any governmental or intergovernmental agency, person, firm or corporation, or any private nonprofit organization or institution.

(g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the compact manual.

Article VII

Entry into Compact and Withdrawal

(a) This compact shall become effective when it has been adopted by at least two jurisdictions.

(b) (1) Entry into the compact shall be made by a resolution of ratification executed by the authorized officials of the applying jurisdiction and submitted to the chairman of the board.

(2) The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows:

(i) A citation of the authority by which the jurisdiction is empowered to become a party to this compact.

(ii) Agreement to comply with the terms and provisions of the compact.

(iii) That compact entry is with all jurisdictions then party to the compact and with any jurisdiction that legally becomes a party to the compact.

(3) The effective date of entry shall be specified by the applying jurisdiction, but it shall not be less than sixty days after notice has been given by the chairman of the board of compact administrators or by the secretariat of the board to each party jurisdiction that the resolution from the applying jurisdiction has been received.

(c) A party jurisdiction may withdraw from this compact by official written notice to the other party jurisdictions, but a withdrawal shall not take effect until ninety days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member jurisdiction. No withdrawal shall affect the validity of this compact as to the remaining party jurisdictions.

Article VIII

Exceptions

The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations and violations of law governing the transportation of hazardous materials.

Article IX

Amendments to the Compact

(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the board of compact administrators and may be initiated by one or more party jurisdictions.

(b) Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective thirty days after the date of the last endorsement.

(c) Failure of a party jurisdiction to respond to the compact chairman within one hundred twenty days after receipt of the proposed amendments shall constitute endorsement.

Article X

Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the construction of any party jurisdiction or of the United States or the applicability thereof to any government agency, person or circumstance, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any jurisdiction party thereto, the compact shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdiction affected as to all severable matters.

Article XI

Title

This compact shall be known as the nonresident violator compact of 1977.
A.R.S. § 28-4594 — Arizona Code / Title 28 / Chapter 10 / Article 8 / Section 4594
28-4594 Altered serial or identification number; contraband; seizure; disposition
Status: in_force

28-4594. Altered serial or identification number; contraband; seizure; disposition

A. Except if a manufacturer's serial or identification number of a motor vehicle or major component part of a vehicle is removed, defaced, altered or destroyed with the permission of the department or is removed and reinstalled as described in section 28-2531, subsection E or if a special serial or identifying number issued by the department has been properly affixed to a vehicle pursuant to section 28-2165, a motor vehicle or major component part of the vehicle that has had the manufacturer's or department's serial or identification number removed, defaced, altered or destroyed and a serial or identification number so removed are contraband.

B. A law enforcement agency shall both:

1. Immediately seize and store the motor vehicle or major component part of a vehicle or serial or identification number that is contraband pursuant to subsection A of this section.

2. Attempt to restore the original manufacturer's serial or identification numbers on the item seized as follows:

(a) If the original identification numbers can be permanently restored and the last owner as identified on official title records maintained by the vehicle registration agency of the state, country or territory in which the vehicle was last issued a certificate of title or the person or entity to which a certificate of title was assigned by the last owner as identified on official title records can be found, the law enforcement agency shall return the motor vehicle or major component part of a vehicle to the person or entity.

(b) If the original identification numbers can be temporarily restored and the last owner as identified on official title records maintained by the vehicle registration agency of the state, country or territory in which the vehicle was last issued a certificate of title or the person or entity to which a certificate of title was assigned by the last owner as identified on official title records can be found, the county attorney of the county in which the motor vehicle or major component part of a vehicle was seized or the attorney general, within sixty days after the date of seizure or such other reasonable time that is set by the court, shall file a petition or action in the superior court in the county in which the item was seized or in Maricopa county to forfeit the motor vehicle or major component part of a vehicle to this state for use or other appropriate disposition by the law enforcement agency that seized the item or for such other disposition as the state deems appropriate. The petition shall set forth probable cause that the item is contraband. A copy of the petition or notice of pending forfeiture shall be served as follows:

(i) On the person from whom the item was seized by certified mail to the person's last known address.

(ii) On the last owner and any lienholders or interest holders identified on official title records by certified mail to the names and addresses identified on official title records.

(iii) On any other known interest holders by certified mail to each holder's last known address.

(iv) By publication in one issue of a newspaper of general circulation in the county in which the property was seized.

(c) If the original identification numbers cannot be permanently or temporarily restored or the last owner as identified on official title records cannot be found, the county attorney in the county in which the motor vehicle or major component part of a vehicle was seized or the attorney general, within sixty days after the date of seizure or such other reasonable time as is set by the court, shall file a petition or action in the superior court in the county in which the item was seized or in Maricopa county to forfeit the motor vehicle or major component part of a vehicle to this state for use or other appropriate disposition by the law enforcement agency that seized the item or for such other disposition as the state deems appropriate. The petition shall set forth probable cause that the item is contraband. A copy of the petition or notice of pending forfeiture shall be served on the person from whom the item was seized by certified mail to the person's last known address.

C. If a verified claim is not filed within the time period provided in section 28-4595, subsection A, the court shall declare the seized item to be contraband and shall sign an order forfeiting the seized item to the state for use or other appropriate disposition by the law enforcement agency that seized the item or for other disposition as the state deems appropriate.
A.R.S. § 28-6954 — Arizona Code / Title 28 / Chapter 20 / Article 3 / Section 6954
28-6954 Program requirements
Status: in_force

28-6954. Program requirements

A. The five year transportation facilities construction program shall:

1. Set forth estimated expenditures by project for engineering, rights-of-way and construction.

2. Include detailed information by project as to location, description and the reasons for the project's assigned priority.

3. List projects by priority and group them in the fiscal year during which it is estimated construction can begin.

4. For the first year of the program, consist of projects that can with reasonable certainty be advertised for public bidding.

5. Include a plan for the use of monies expected to be deposited in a county's regional area road fund as provided in chapter 17, article 1 of this title that is all of the following:

(a) Consistent with the plan as defined in section 28-6351.

(b) Consistent with the project budget process specified in section 28-6352, subsection C, paragraph 1.

(c) Annually updated.

6. Include a plan for the use of monies that are expected to accrue in a county's regional transportation fund as provided in section 48-5310, that are dedicated for street and highway purposes and that are in the state highway system.

B. The department shall develop and use detailed criteria designed to meet the transportation system performance measures adopted by the board pursuant to section 28-304 in identifying projects for the five year transportation facilities construction program. The project selection process shall also conform to state and regional growth policies.
A.R.S. § 28-695 — Arizona Code / Title 28 / Chapter 3 / Article 5 / Section 695
28-695 Aggressive driving; violation; classification; definition
Status: in_force

28-695. Aggressive driving; violation; classification; definition

A. A person commits aggressive driving if both of the following occur:

1. During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations:

(a) Failure to obey traffic control devices as provided in section 28-644.

(b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724.

(c) Unsafe lane change as provided in section 28-729.

(d) Following a vehicle too closely as provided in section 28-730.

(e) Failure to yield the right-of-way as provided in article 9 of this chapter.

2. The person's driving is an immediate hazard to another person or vehicle.

B. A person convicted of aggressive driving is guilty of a class 1 misdemeanor.

C. In addition to any other penalty prescribed by law:

1. A person convicted of a violation of this section shall attend and successfully complete approved traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department.

2. The court shall forward the abstract of conviction to the department and may order the department to suspend the person's driving privilege for thirty days.

D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section within a period of twenty-four months:

1. The person is guilty of a class 1 misdemeanor.

2. In addition to any other penalty prescribed by law, the court shall forward the abstract of conviction to the department. On receipt of the abstract of conviction, the department shall suspend the driving privilege of the person for one year.

E. The dates of the commission of the offense determine whether subsection D of this section applies. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.

F. After completing not less than forty-five consecutive days of the suspension period required by subsection D of this section, a person whose driving privilege is suspended for a violation of this section and who is sentenced pursuant to subsection D of this section may apply to the department for a restricted driver license that allows the person to operate a motor vehicle during the period of suspension subject to the restrictions described in section 28-144.

G. For the purposes of this section, "course of conduct" means a series of acts committed during a single, continuous period of driving.
A.R.S. § 28-1595 — Arizona Code / Title 28 / Chapter 5 / Article 4 / Section 1595
28-1595 Failure to stop or provide driver license or evidence of identity; violation; classification
Status: in_force

28-1595. Failure to stop or provide driver license or evidence of identity; violation; classification

A. The operator of a motor vehicle who knowingly fails or refuses to bring the operator's motor vehicle to a stop after being given a visual or audible signal or instruction by a peace officer or duly authorized agent of a traffic enforcement agency is guilty of a class 2 misdemeanor.

B. After stopping as required by subsection A of this section, the operator of a motor vehicle who fails or refuses to exhibit the operator's driver license as required by section 28-3169 or a driver who is not licensed and who fails or refuses to provide evidence of the driver's identity on request is guilty of a class 2 misdemeanor. The evidence of identity that is presented shall contain all of the following information:

1. The driver's full name.

2. The driver's date of birth.

3. The driver's residence address.

4. A brief physical description of the driver, including the driver's sex, weight, height and eye and hair color.

5. The driver's signature.

C. A person other than the driver of a motor vehicle who fails or refuses to provide evidence of the person's identity to a peace officer or a duly authorized agent of a traffic enforcement agency on request, when such officer or agent has reasonable cause to believe the person has committed a violation of this title, is guilty of a class 2 misdemeanor.

D. A peace officer or duly authorized agent of a traffic enforcement agency may give the signal or instruction required by subsection A of this section by hand, emergency light, voice, whistle or siren.

E. A person shall not be convicted of a violation of subsection B of this section if the person provided evidence of identity required by subsection B, paragraphs 1 through 5 of this section and produces to the court a legible driver license or an authorized duplicate of the license that is issued to the person and that was valid at the time the violation of subsection B of this section occurred.
A.R.S. § 28-8322.01 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8322.01
28-8322.01 Staggered aircraft registration; rules
Status: in_force

28-8322.01. Staggered aircraft registration; rules

A. The director shall establish a system of staggered registration on a monthly basis to distribute the work of registering aircraft as uniformly as practicable throughout the twelve months of the calendar year.

B. All aircraft registrations under this article expire pursuant to schedules established by the director.  The director may set the number of renewal periods within a month.

C. If adoption of the staggered system results in the expiration of any registration more than one year after its issuance, the department shall charge a prorated license tax that is one-twelfth of the full annual amount for each full month of the registration cycle and shall charge a full registration fee.

D. In order to initiate a system of registering or reregistering aircraft during any month of the calendar year, the director may register or reregister an aircraft for more or less than a twelve-month period, but for not more than an eighteen-month period, and may prorate the license tax by one-twelfth of the full annual amount for each full month of the registration cycle and shall charge a full registration fee.

E. The director or a registering officer may allow a person who owns two or more aircraft to register or reregister the aircraft for less than one year so that the aircraft's registrations expire on the same date.

F. The director shall adopt rules necessary to implement this section.
A.R.S. § 28-9505 — Arizona Code / Title 28 / Chapter 30 / Article 1 / Section 9505
28-9505 Meters; duplicate receipts
Status: in_force

28-9505. Meters; duplicate receipts

A. Every taxi that has a charge or fare based on time or mileage or both time and mileage shall have a taxi meter.

B. The taxi meter shall be visible to the passengers of a taxi.

C. If a taxi has the capability of producing a duplicate receipt, the driver shall print the duplicate receipt and provide the duplicate receipt to the passenger paying the fare.

D. A taxi meter is not required to be used if the taxi is offering prearranged ground transportation service as defined in section 28-141 for a predetermined fare.
A.R.S. § 28-9103 — Arizona Code / Title 28 / Chapter 26 / Article 1 / Section 9103
28-9103 Corporate existence; rights and immunities; official name
Status: in_force

28-9103. Corporate existence; rights and immunities; official name

A. An authority is a corporate body and political subdivision of this state that may act in its official corporate name and has all of the rights and immunities of municipal corporations that are granted by the constitution and statutes of this state, including immunity of its property from taxation.

B. The initial board of directors of the authority shall adopt the official name of the authority that shall contain the words "intergovernmental public transportation authority".
A.R.S. § 28-7705 — Arizona Code / Title 28 / Chapter 22 / Article 1 / Section 7705
28-7705 Public-private partnership agreements
Status: in_force

28-7705. Public-private partnership agreements

A. In any public-private partnership or other agreement for any eligible facility under this chapter, the department may include provisions that:

1. Authorize the department or the private partner to establish and collect user charges, tolls, fares, rents, advertising and sponsorship charges, service charges or similar charges, including provisions that:

(a) Specify technology to be used in the facility.

(b) Establish circumstances under which the department may receive all or a share of revenues from such charges.

(c) Govern enforcement of tolls, including provisions for use of cameras or other mechanisms to ensure that users have paid tolls that are due and provisions that allow the private partner access to relevant databases for enforcement purposes. Misuse of the data contained in the databases, including negligence in securing the data properly, shall result in a civil penalty of $10,000 for each violation. Civil penalties collected pursuant to this subdivision shall be deposited in the state general fund.

(d) Authorize the department to continue or cease collection of user charges, tolls, fares or similar charges after the end of the term of the agreement.

2. Allow for payments to be made by this state to the private partner, including availability payments or performance based payments.

3. Allow the department to accept payments of monies and share revenues with the private partner.

4. Address how the partners will share management of the risks of the project.

5. Specify how the partners will share the costs of development of the project.

6. Allocate financial responsibility for cost overruns.

7. Establish the damages to be assessed for nonperformance.

8. Establish performance criteria or incentives, or both.

9. Address the acquisition of rights-of-way and other property interests that may be required, including provisions that address the exercise of eminent domain as provided in section 28-7709. This state shall not relinquish its power of eminent domain authority to the private partner.

10. Establish recordkeeping, accounting and auditing standards to be used for the project.

11. For a project that reverts to public ownership, address responsibility for reconstruction or renovations that are required in order for a facility to meet all applicable government standards on reversion of the facility to this state.

12. Provide for patrolling and law enforcement on public facilities.

13. Identify any department specifications that must be satisfied, including provisions allowing the private partner to request and receive authorization to deviate from the specifications on making a showing satisfactory to the department.

14. Require a private partner to provide performance and payment bonds, parent company guarantees, letters of credit or other acceptable forms of security or a combination of any of these, the penal sum or amount of which may be less than one hundred percent of the value of the contract involved based on the department's determination, made on a facility-by-facility basis, of what is required to adequately protect this state.

15. Authorize the private partner in any concession agreement to establish and collect user charges, tolls, fares, rents, advertising and sponsorship charges, service charges or similar charges to cover its costs and provide for a reasonable rate of return on the private partner's investment, including provisions such as the following:

(a) The charges may be collected directly by the private partner or by a third party engaged for that purpose.

(b) A formula for the adjustment of user charges, tolls, fares, rents, advertising and sponsorship charges, service charges or similar charges during the term of the agreement.

(c) For an agreement that does not include a formula described in subdivision (b) of this paragraph, provisions regulating the private partner's return on investment.

(d) A maximum multiplier that may be applied to the difference between passenger and commercial vehicle user charges, tolls, fares or similar charges.

(e) A variety of traffic management strategies, including:

(i) General purpose toll lanes.

(ii) High occupancy vehicle lanes where single or low occupancy vehicles may use higher occupancy vehicle lanes by paying a toll.

(iii) Lanes or facilities in which the tolls may vary during the course of the day or week or according to levels of congestion anticipated or experienced.

(iv) Combinations of, or variations on, items (i), (ii) and (iii) of this subdivision, or other strategies the department determines are appropriate on a facility-by-facility basis.

(v) Mechanisms for notice to drivers of an upcoming facility and options to pay user charges, tolls, fares or similar charges at the facility location.

16. Specify remedies available and dispute resolution procedures, including the right of the private partner to institute legal proceedings to obtain an enforceable judgment or award against the department in the event of a default by the department and procedures for use of dispute review boards, mediation, facilitated negotiation, arbitration and other alternative dispute resolution procedures.

17. Allow the department to acquire real property that is needed for and related to eligible facilities, including acquisition by exchange for other real property that is owned by the department. An acquisition pursuant to this paragraph is exempt from chapter 20, articles 6 and 8 of this title.

B. Notwithstanding any other law, the department may enter into agreements, whether a concession agreement or other form of agreement, with any private partner that includes provisions described in subsection A of this section.  Agreements may be for a term not to exceed fifty years but may be extended for additional terms.

C. The department may approve any request from another unit of government to develop an eligible facility in a manner similar to that used by the department under this chapter.

D. Notwithstanding any other law, agreements under this chapter that are properly developed, operated or held by a private partner under a concession agreement pursuant to this chapter are exempt from all state and local ad valorem and property taxes that otherwise might be applicable.

E. The agreement shall contain a provision by which the private partner expressly agrees that it is prohibited from seeking injunctive or other equitable relief to delay, prevent or otherwise hinder the department or any jurisdiction from developing, constructing or maintaining any facility that was planned and that would or might impact the revenue that the private partner would or might derive from the facility developed under the agreement, except that the agreement may provide for reasonable compensation to the private partner for the adverse effect on toll revenues or other user fee revenues resulting from development, construction and maintenance of an unplanned revenue impacting facility.

F. The agreement shall contain a provision that prohibits photo traffic enforcement of chapter 3, article 6 of this title on toll lanes.

G. Any foreign private entity that enters into an agreement with the department pursuant to this section must provide satisfactory evidence to the board that the foreign entity is in compliance with the requirements of title 10, chapter 38.

H. The agreement shall contain a provision that all public-private partnerships are subject to chapter 20, article 3 of this title.

I. The department shall award a stipulated fee equal to four-tenths of one percent of the department's estimated cost of design and construction to each short list responsible proposer that provides a responsive but unsuccessful proposal. If the department does not award a contract, all responsive proposers shall receive the stipulated fee. If the department cancels the contract before reviewing the technical proposals, the department shall award each design-builder on the short list a stipulated fee equal to four-tenths of one percent of the department's estimated cost of design and construction. The department shall pay the stipulated fee to each proposer within ninety days after the award of the contract or the decision not to award a contract. In consideration for paying the stipulated fee, the department may use any ideas or information contained in the proposals in connection with any contract awarded for the project, or in connection with a subsequent procurement, without any obligation to pay any additional compensation to the unsuccessful proposers. Notwithstanding the other provisions of this subsection, an unsuccessful short list proposer may elect to waive the stipulated fee. If an unsuccessful short list proposer elects to waive the stipulated fee, the department may not use ideas and information contained in the proposer's proposal, except that this restriction does not prevent the department from using any idea or information if the idea or information is also included in a proposal of a short list proposer that accepts the stipulated fee.

J. The department may not enter into an agreement that allows the conversion of an existing publicly funded or maintained street or highway to a toll road, including a conversion for the purpose of implementing a variety of traffic management strategies listed in subsection A, paragraph 15, subdivision (e) of this section.
A.R.S. § 28-2470.05 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.05
28-2470.05 Veterans of overseas conflicts auxiliary special plates; fund
Status: in_force

28-2470.05. Veterans of overseas conflicts auxiliary 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 veterans of overseas conflicts auxiliary special plates. The director may allow a request for veterans of overseas conflicts auxiliary 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 veterans of overseas conflicts auxiliary special plates.

B. The veterans of overseas conflicts auxiliary special plates shall have a standard design with both of the following:

1. One area on the plate that is a three-inch square and that is set aside for a logo or message.

2. One area on the bottom of the plate that is set aside for a message.

C. The department shall determine the standard design of the special plate prescribed by subsection A of this section and shall approve the logo or message prescribed by subsection B of this section.

D. 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.

E. 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 of overseas conflicts auxiliary special plate fund established by this section.

F. The veterans of overseas conflicts auxiliary 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.

G. The director shall annually allocate monies from the fund, excluding administrative fees, to an entity that is qualified under section 501(c)(19) of the United States internal revenue code for federal income tax purposes. The entity may use the monies only to fund its charitable works.  The entity must:

1. Be located in this state.

2. Have a tradition of serving veterans, active duty personnel and their families.

3. Have been established in 1931.

4. Have over ten thousand members.

5. Have at least fifty-two auxiliaries in this state.

6. Have begun serving male family members of women veterans and women active duty personnel in 2015.

H. 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. § 28-1206 — Arizona Code / Title 28 / Chapter 3 / Article 21 / Section 1206
28-1206 Photo enforcement system; prohibited use
Status: in_force

28-1206. Photo enforcement system; prohibited use

This state or a local authority may not use a photo enforcement system on a state highway in this state to identify violators of article 3 or 6 of this chapter.
A.R.S. § 28-949 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 949
28-949 Selling or using lamps
Status: in_force

28-949. Selling or using lamps

A. A person shall not have for sale, sell or offer for sale for use on or as a part of the equipment of a motor vehicle, trailer or semitrailer or shall not use on any such vehicle a reflector that is required by this article, head lamp, auxiliary driving lamp, rear lamp, signal lamp or parts of any of the foregoing that tend to change the original design or performance unless the lamps or reflectors are of a type that meets applicable federal safety standards.

B. A person shall not have for sale, sell or offer for sale for use on or as a part of the equipment of a motor vehicle, trailer or semitrailer a lamp or device that is described in this section unless the lamp or device bears the trademark or name under which it is approved so as to be legible when installed.

C. A person shall not use on any motor vehicle, trailer or semitrailer a lamp that is described in this section unless the lamp is mounted and adjusted to focus and aim pursuant to applicable federal safety standards.
A.R.S. § 28-1384 — Arizona Code / Title 28 / Chapter 4 / Article 3 / Section 1384
28-1384 Aggravated driving or actual physical control while under the influence; forfeiture of vehicle
Status: in_force

28-1384. Aggravated driving or actual physical control while under the influence; forfeiture of vehicle

A. If a person is convicted of violating section 28-1383, the court, in addition to any other penalty imposed by law, shall order the motor vehicle owned and operated by the person at the time of the offense forfeited in the same manner as provided in title 13, chapter 39.

B. A vehicle used by a person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture unless it appears that the owner or other person in charge of the vehicle consented to or was privy to a violation described in subsection A of this section.

C. Property that is subject to forfeiture and all interests in property that are forfeited under this section shall be disposed of and allocated in the same manner as provided in title 13, chapter 39, except that all monies that are obtained as a result of forfeiture under this section shall be deposited in the state general fund.
A.R.S. § 28-373 — Arizona Code / Title 28 / Chapter 2 / Article 3 / Section 373
28-373 Refunds; limitations
Status: in_force

28-373. Refunds; limitations

A. If the director determines that any tax, penalty, fee or interest has been overpaid or collected that was not lawfully due, the director shall state this fact in the director's records. The director shall either credit the overpayment on an amount due from the person or make a refund to the person or the person's successors, administrators, executors or assignees from receipts that are in the possession of the director and that are collected under the same statute.

B. Except as provided in this section and except as otherwise provided in this title, application fees, public record fees, permit fees, license fees and fees and taxes paid for vehicle registration are not refundable once paid.

C. Notwithstanding subsection B, the director may refund the fees prescribed in subsection B if both of the following conditions exist:

1. The service has not been rendered or the permit has not been used.

2. It has been determined that the director erred in accepting payment or that the director contributed to a misunderstanding on the part of the person making payment by providing inaccurate, misleading or incorrect information.

D. Except as otherwise provided by statute, a person shall make a request for a refund to the director within one year of the date of payment on which a claim for refund is made.
A.R.S. § 28-8324 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8324
28-8324 Registration; license tax
Status: in_force

28-8324. Registration; license tax

A. Aircraft on which a license tax is due under section 28-8335 shall not be registered until the license tax is paid.

B. If an aircraft that was not previously subject to registration in this state becomes subject to registration, the aircraft shall be registered pursuant to section 28-8322.01.
A.R.S. § 28-4842 — Arizona Code / Title 28 / Chapter 11 / Article 2 / Section 4842
28-4842 Unclaimed vehicle; transfer of ownership; immunity; towing companies
Status: in_force

28-4842. Unclaimed vehicle; transfer of ownership; immunity; towing companies

A. If a vehicle remains unclaimed at the expiration of the dates prescribed in section 28-4841, subsections B and C, the director shall make an inquiry to determine if the vehicle is a stolen vehicle.  On receiving notice that the vehicle has not been reported stolen, the director may transfer ownership of the vehicle free and clear of all liens or encumbrances on compliance with this chapter to the person in possession of the vehicle.

B. An application for transfer of ownership shall be signed by the applicant or authorized agent of the applicant and shall contain a certified statement that includes the following:

1. As of the date of application, no person has presented proof of ownership and financial responsibility for the release or return of the vehicle.

2. The applicant is currently in possession of the vehicle.

C. This state and its agencies, employees and agents are not liable for relying in good faith on the contents of the abandoned vehicle report or affidavits as prescribed by this chapter.

D. A person in possession of a vehicle is not liable for obtaining a transfer of ownership of an abandoned vehicle if the person in possession of the vehicle complies with this chapter.

E. For the purposes of this section, to prove ownership of a vehicle a person must submit a government issued photo identification and at least one of the following:

1. A valid certificate of title.

2. Proof of current vehicle registration, not including a restricted use three-day permit.

3. A repossession affidavit, a hold harmless liability release from legal claims and, if applicable, a proof of lien on the vehicle.

4. An insurance company release pursuant to section 28-4847.

5. A certified motor vehicle record.

6. Proof of a bona fide security interest or other financial interest in the vehicle that exists at the time of the tow.
A.R.S. § 28-1467 — Arizona Code / Title 28 / Chapter 4 / Article 5 / Section 1467
28-1467 Ignition interlock service provider contracts; cancellation; notice
Status: in_force

28-1467. Ignition interlock service provider contracts; cancellation; notice

If the director cancels an ignition interlock service provider's contract, the director shall notify each person with an ignition interlock device from the ignition interlock service provider that the person has thirty days to obtain another ignition interlock service provider.
A.R.S. § 28-5858 — Arizona Code / Title 28 / Chapter 16 / Article 4 / Section 5858
28-5858 Gross vehicle weight change
Status: in_force

28-5858. Gross vehicle weight change

A. A motor carrier declaring an increased or decreased gross vehicle weight for a motor vehicle operated by the motor carrier pursuant to section 28-5435 establishes a new gross vehicle weight for motor carrier fee purposes.

B. The effective date of the new weight for motor carrier fee purposes is the first day of the next month immediately after the effective date of the registration change.

C. A reduced gross vehicle weight is not allowed for motor carrier fee purposes unless the motor carrier makes available to the director a copy of the new motor vehicle registration showing the new reduced weight.
A.R.S. § 28-7315 — Arizona Code / Title 28 / Chapter 20 / Article 11 / Section 7315
28-7315 Arizona highways magazine fund
Status: in_force

28-7315. Arizona highways magazine fund

A. An Arizona highways magazine fund is established.

B. The fund consists of monies:

1. Appropriated by the legislature from the state highway fund of not more than $500,000 annually.

2. Received from the sales of subscriptions, single copies, maps, pamphlets and other descriptive material.

3. Deposited pursuant to section 28-2429.

4. Donated to the Arizona highways magazine to promote tourism in this state as prescribed in section 28-7312.

C. The monies appropriated to the fund shall be spent in conformity with the laws governing state financial operations, except that:

1. Balances remaining at the end of the fiscal year do not revert to the general or state highway fund.

2. Expenditures are exempt from section 35-173.

D. The state treasurer shall invest and divest monies in the Arizona highways magazine fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-1228 — Arizona Code / Title 28 / Chapter 3 / Article 22 / Section 1228
28-1228 Insurance
Status: in_force

28-1228. Insurance

A business entity that operates a personal delivery device must maintain an insurance policy that includes general liability coverage of at least $100,000 for damages arising from the operation of the device.
A.R.S. § 28-4835 — Arizona Code / Title 28 / Chapter 11 / Article 2 / Section 4835
28-4835 Presumption of responsibility
Status: in_force

28-4835. Presumption of responsibility

The abandonment of a vehicle in a manner provided in this chapter is a presumption that the last registered owner of record is responsible for the abandonment and is subject to this chapter, unless either:

1. An affidavit has been filed that the vehicle was stolen pursuant to section 28-4844.

2. A stolen report has been accepted by a local law enforcement agency.

3. A report has been filed pursuant to section 28-2058.
A.R.S. § 28-4456 — Arizona Code / Title 28 / Chapter 10 / Article 5 / Section 4456
28-4456 Hearing on objection; appeal
Status: in_force

28-4456. Hearing on objection; appeal

A. If a timely objection has been filed and, if the objection is to the establishment of a new motor vehicle dealership, the objection meets both of the reasons prescribed by section 28-4454, subsection B, the director shall:

1. Enter an order fixing the time and place of a hearing on the objection. The hearing shall be held within seventy-five days after the date of the order.

2. Send by certified mail with return receipt requested a copy of the order to the same persons entitled to receive a copy of the notice provided for in section 28-4453.

3. Appoint a member of the Arizona state bar who shall be designated as an administrative law judge to conduct the hearing and who shall be compensated under a contractual relationship.

B. Prehearing discovery shall be conducted pursuant to the Arizona rules of civil procedure.

C. At the hearing the franchisor has the burden of proof to establish that good cause exists to terminate or not renew the franchise. If there is an objection to the establishment of a new motor vehicle dealership, the administrative law judge shall determine that good cause does or does not exist to establish the proposed dealership.

D. Evidence that would be admissible under the issues in such an action in a state or federal court is admissible in a hearing held by the administrative law judge. The administrative law judge shall reasonably apportion all costs between the parties, including compensation for the administrative law judge's services.

E. The administrative law judge may:

1. Issue subpoenas.

2. Administer oaths.

3. Compel the attendance of witnesses and the production of books, papers, documents and all other evidence.

4. Apply to the superior court in the county in which the hearing is held for a court order enforcing this article.

F. A transcript of the testimony of all witnesses taken at the hearing shall be made and preserved. Within forty-five days after the hearing the administrative law judge shall make written findings of fact and conclusions and enter a final order.

G. A party to the hearing before the administrative law judge may appeal pursuant to title 12, chapter 7, article 6. An appeal of a decision of an administrative law judge has preference over other civil matters and shall be heard at the earliest practicable date.

H. As a condition to the appeal, the appealing party shall file a cash bond, supersedeas bond or its equivalent with the director. The bond shall be sufficient in amount to cover the damages incurred by the prevailing party, but the amount of the bond shall not exceed the lesser of fifty thousand dollars or ten per cent of the appealing party's net worth. The party may file alternatives to cash such as certificates of deposit purchased from a financial institution licensed to do business in this state or bonds of the United States government.
A.R.S. § 28-1097 — Arizona Code / Title 28 / Chapter 3 / Article 18 / Section 1097
28-1097 Maximum load extensions; length limitations for pole trailers
Status: in_force

28-1097. Maximum load extensions; length limitations for pole trailers

A. Notwithstanding the provisions of section 28-1095 that limit the length of vehicles and loads:

1. The load on a vehicle operated alone or the load on the front vehicle of a combination of vehicles shall not extend more than three feet beyond the foremost part of the vehicle.

2. The load on a vehicle operated alone or the load on the rear vehicle of a combination of vehicles shall not extend more than six feet beyond the rear of the bed or body of the vehicle.

B. The extensions beyond the front and rear of the vehicle as provided in this section are not included in determining the length of the vehicle for the purposes of section 28-1095.

C. The limitations as to length of vehicles and loads prescribed in section 28-1095 and this section do not apply to a load on a pole trailer when transporting poles or pipes or structural material that cannot be dismembered, except that any pole, pipe or other material exceeding eighty feet in length shall not be transported unless a permit has been obtained as authorized in section 28-1103.
A.R.S. § 28-4545 — Arizona Code / Title 28 / Chapter 10 / Article 7 / Section 4545
28-4545 Manufacturer's and dealer's permit to move without license plates
Status: in_force

28-4545. Manufacturer's and dealer's permit to move without license plates

A manufacturer of motor vehicles, trailers or semitrailers may operate or move the vehicles for a distance of seventy-five miles and a dealer in new motor vehicles, trailers or semitrailers may operate or move the vehicles for a distance of fifty miles, or a further distance authorized by the department, to or from the factory where the vehicles are manufactured or a railway depot, vessel, place of shipment or delivery or salesroom without registering them and without license plates attached if both:

1. A written permit is first obtained from the department or local authority with jurisdiction over the highway traversed.

2. A placard bearing the name and address of the manufacturer authorizing or directing the movement is prominently displayed on each vehicle and is plainly readable from a distance of one hundred feet during daylight.
A.R.S. § 28-7511 — Arizona Code / Title 28 / Chapter 21 / Article 1 / Section 7511
28-7511 Bonds; freeway mitigation; matching amount
Status: in_force

28-7511. Bonds; freeway mitigation; matching amount

A.  A city or town may issue general obligation bonds for the purpose of planning, undertaking and carrying out projects for the elimination of present slum and blighted areas and the prevention of the development of those conditions in the future by mitigating the effects of existing and proposed freeway conditions on cities, towns and neighborhoods. The projects may include acquiring land for recreation, water, sewage and drainage facilities, streets, sidewalks, ways and other public places and other projects to develop or redevelop affected areas.

B. The board may use bond monies obtained pursuant to section 28-7510 to match on a one to one basis the city or town general obligation bond monies obtained pursuant to this section to provide funding for expenses related to mitigation measures on property located within the department's right-of-way. If a city or town obtains bond monies pursuant to this section for the purpose of mitigating the effects of proposed freeway conditions on cities, towns and neighborhoods, this state shall not construct the freeway unless the board agrees to the mitigation measures proposed by the city or town.
A.R.S. § 28-7002 — Arizona Code / Title 28 / Chapter 20 / Article 4 / Section 7002
28-7002 Right-of-way acquisitions; applicability; limitation
Status: in_force

28-7002. Right-of-way acquisitions; applicability; limitation

A. Sections 28-7000 and 28-7001 relating to right-of-way acquisitions apply only to advance acquisition of rights-of-way and do not apply to any other means of right-of-way acquisition.

B. The department shall not initiate financing as prescribed in sections 28-7000 and 28-7001 after a condemnation action is filed.
A.R.S. § 28-2470.03 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.03
28-2470.03 Veterans of overseas conflicts special plates; fund
Status: in_force

28-2470.03. Veterans of overseas conflicts 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 veterans of overseas conflicts special plates. The person that provides the $32,000 shall design the veterans of overseas conflicts special plates. The design and color of the veterans of overseas conflicts special plates are subject to the approval of the department.  The director may allow a request for veterans of overseas conflicts 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 veterans of overseas conflicts 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 veterans of overseas conflicts special plate fund established by this section.

D. The veterans of overseas conflicts 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 qualified under section 501(c)(19) of the United States internal revenue code for federal income tax purposes.  The entity may use the monies only to train and pay persons throughout this state where needed to process veterans claims for service-connected disabilities and illnesses.  The entity must:

1. Be located in this state.

2. Have a mission to:

(a) Foster camaraderie among United States veterans of overseas conflicts.

(b) Serve veterans, the military and the community.

(c) Advocate on behalf of all veterans.

3. Have a vision to ensure that veterans are respected for their service, always receive their earned entitlements and are recognized for the sacrifices they and their loved ones make on behalf of the United States.

4. Have the following core values:

(a) Always put the interest of the entity's members first.

(b) Treat donors as partners in the entity's cause.

(c) Promote patriotism.

(d) Honor military service.

(e) Ensure the care of veterans and their families.

(f) Serve the entity's communities.

(g) Promote a positive image of veterans of foreign wars.

(h) Respect the diversity of veteran opinions.

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. § 28-7758 — Arizona Code / Title 28 / Chapter 22 / Article 2 / Section 7758
28-7758 Notice of payment due
Status: in_force

28-7758. Notice of payment due

A. If a motor vehicle is found by electronic transaction and payment technology or by visual observation to be involved in a toll nonpayment, the toll operator may deliver to the registered owner of the motor vehicle a notice of payment due.

B. A notice of payment due must be delivered within forty-five calendar days after the toll nonpayment occurs, except that, if information concerning the identity and address is not available to the toll operator within forty-five calendar days after the toll transaction occurred, the toll operator has an additional forty-five calendar days to obtain the information and deliver the notice of payment due.

C. If a toll operator receives information that identifies a person who is not the registered owner of the motor vehicle and who may be responsible for paying a toll pursuant to this article, the toll operator may deliver to that person a notice of payment due within forty-five calendar days after the toll operator receives the information that identifies the person and the person's address, except that, if information concerning the identity and address of the person proves to be inaccurate, the toll operator has an additional forty-five calendar days to obtain the information and deliver the notice of payment due.

D. The notice of payment due shall include all of the following:

1. The date and approximate time of the transaction on or use of the toll facility resulting in the toll nonpayment and the approximate location where the transaction or use occurred.

2. The vehicle license plate number.

3. If known, the make of the motor vehicle.

4. If possible, a representative photograph or image of the license plate on the motor vehicle that incurred the toll transaction.

5. The amount of the toll and any administrative charges and penalties, each stated separately.

6. The deadline by which payment must be made to avoid incurring additional charges and other consequences provided by law. This deadline shall not be less than fourteen calendar days after the date that the notice of payment due is delivered.

7. A statement that if the notice of payment due is not paid by the deadline the nonpayment is a civil violation subject to additional charges and actions against the notice recipient as provided in this article and any other applicable law.

8. The address of the person to whom payments may be sent.

9. A statement describing the acceptable methods for making payment, including by mail.

10. A statement referring the recipient to this article for further information on the law applicable to enforcement of tolls and the recipient's rights and obligations.

E. The notice of payment due also shall contain, or be accompanied by, all of the following:

1. A form of affidavit of defense from liability.

2. A brief explanation of what constitutes defense from liability pursuant to sections 28-7756 and 28-7757.

3. Information as to the effect of executing the affidavit of defense from liability.

4. Instructions for returning the affidavit of defense from liability and supporting documentation to the toll operator.

F. This article does not prohibit any recipient of a notice of payment due from providing to the toll operator proof of an error in the notice of payment due.
A.R.S. § 28-877 — Arizona Code / Title 28 / Chapter 3 / Article 13 / Section 877
28-877 Alternative fuel vehicles; parking in carpool parking spaces
Status: in_force

28-877. Alternative fuel vehicles; parking in carpool parking spaces

A person who is driving a vehicle powered by an alternative fuel may park without penalty in parking areas that are designated for carpool operators as defined in section 28-4032.
A.R.S. § 28-5234 — Arizona Code / Title 28 / Chapter 14 / Article 2 / Section 5234
28-5234 Exemption from rules on drivers' qualification and hours of service; definitions
Status: in_force

28-5234. Exemption from rules on drivers' qualification and hours of service; definitions

A. If the department adopts 49 Code of Federal Regulations parts 390 through 397 as a rule, a telecommunications corporation engaged in rendering public utility service or a railroad and its employees whose work necessarily involves the operation of a motor vehicle weighing more than eighteen thousand pounds gross vehicle weight rating but which operation is only incidental to the performance of their principal nondriving duties and purpose of employment are exempted from compliance with 49 Code of Federal Regulations parts 391 and 395, except that 49 Code of Federal Regulations part 391, subparts A and E apply unless it is the practice of the telecommunications corporation engaged in rendering public utility service or the railroad to assign regular drivers, qualified in accordance with 49 Code of Federal Regulations parts 390 through 397, to motor vehicles weighing more than eighteen thousand pounds gross vehicle weight rating, and if such driver becomes unavailable or unable to operate the motor vehicle on a given occasion due to an unavoidable or unforeseen circumstance against which provisions could not be reasonably made, compliance with 49 Code of Federal Regulations parts 391 and 395 is not required.

B. A person who is an employee of a public service corporation, a political subdivision of this state that is engaged in rendering public utility service or a railroad is exempt from any hours of service requirements at any time when relief assistance is needed to supplement state or local efforts and capabilities to save lives, protect against substantial loss of property, protect the public health and safety or lessen or avert the consequence of a catastrophe. If an emergency respondent independently identifies an occasion or instance that jeopardizes life or property or that endangers public health and safety, an emergency situation exists, and the respondent is exempt from any hours of service requirements if the respondent contacts with due diligence and coordinates with state or local officials.

C. The following intrastate drivers may begin to calculate hours of service requirements at any point at which the driver goes on duty after the driver has been off duty for twenty-four or more consecutive hours:

1. Drivers who are primarily involved in the transportation of groundwater drilling rigs.

2. Drivers used primarily in the transportation of construction materials and equipment en route to or from an active construction site that is within a seventy-five air mile radius of the driver's normal work reporting location and is at a stage between initial mobilization of equipment and materials to the site and final completion of the construction project.  This paragraph does not apply to drivers transporting hazardous materials in a quantity that requires placarding.

3. Drivers of public utility service vehicles that are operated primarily within the service area of the public utility's subscribers, that are used in furtherance of repairing, maintaining or operating any physical facilities necessary for the delivery of public utility services and that are engaged in any activity necessarily related to the ultimate delivery of public utility services to the consumer, including travel to, from, on or between activity sites. The public utility is not required to be the owner of the vehicle.

D. For the purposes of this section:

1. "Public service corporation" means a public service corporation as defined in article XV, section 2, Constitution of Arizona.

2. "Railroad" means a railway or railroad that is regulated as a common carrier under article XV, section 10, Constitution of Arizona, and that is subject to title 40, chapter 4, article 3.

3. "Telecommunications corporation" means an entity as defined in section 40-201 that is subject to regulation by the corporation commission.
A.R.S. § 28-2261 — Arizona Code / Title 28 / Chapter 7 / Article 8 / Section 2261
28-2261 Alternative proportional registration agreements; authority
Status: in_force

28-2261. Alternative proportional registration agreements; authority

A. In lieu of the registration required by section 28-2153, in lieu of international proportional registration pursuant to article 7 of this chapter and notwithstanding section 28-2321, the director may provide for the apportionment of registration and other fees for resident or nonresident fleets of apportionable commercial vehicles that are engaged in interstate and intrastate commerce between this state and another state or states in which fleets operate in accordance with a proportional registration agreement pursuant to this article.

B. The director may enter into proportional registration agreements with another state or states providing that residents of the other state or states who operate a commercial vehicle may allocate and apportion the registration and other fees and taxes for the commercial vehicle prescribed in sections 28-2003, 28-5433, 28-5471 and 28-5801 pursuant to a formula agreed on by the director and the other state or states.

C. The director may enter into an agreement pursuant to this article if residents of this state are granted the same allocation and apportionment privileges for commercial motor vehicles registered in the other state or states. An agreement, arrangement, declaration or amendment entered into pursuant to this article shall be in writing and is not effective until filed with the department.
A.R.S. § 28-7570 — Arizona Code / Title 28 / Chapter 21 / Article 2 / Section 7570
28-7570 Taxation exemption
Status: in_force

28-7570. Taxation exemption

The board is regarded as performing a governmental function in carrying out the purposes of this article and is not required to pay taxes or assessments on any of the property acquired or constructed or on the activities of the board in maintaining and caring for the real property or in the monies derived from the real property. The bonds issued under this article, their transfer and the income from the bonds are at all times free from taxation in this state.
A.R.S. § 28-8286 — Arizona Code / Title 28 / Chapter 25 / Article 3 / Section 8286
28-8286 Alternative sentencing
Status: in_force

28-8286. Alternative sentencing

If pursuant to section 28-8284, subsection E a court orders a person convicted of a violation of section 28-8282 to be sentenced pursuant to this section, the court:

1. Shall order the person to pay a fine of not less than two hundred fifty dollars.

2. May order the person to perform not less than eight or more than twenty-four hours of community restitution.

3. May require the person to attend traffic safety or alcohol abuse classes at the person's expense.

4. If in the court's opinion the person has the problem of habitual abuse of alcohol or drugs, shall require the person to obtain treatment under its supervision.

5. Shall not suspend any part or all of the imposition or execution of any sentence required by this section.

6. Shall order the person to pay an additional assessment of five hundred dollars 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.

7. Shall order the person to pay an additional assessment of five hundred dollars 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.
A.R.S. § 28-9602 — Arizona Code / Title 28 / Chapter 31 / Article 1 / Section 9602
28-9602 Insurance requirements
Status: in_force

28-9602. Insurance requirements

A. Except as otherwise provided in subsections B and C of this section, a peer-to-peer car sharing program shall assume the liability of a shared vehicle owner for bodily injury or property damage that occurs to a third party during the car sharing period in an amount that is stated in the car sharing program agreement and that is not less than the minimum amount of coverage required by section 28-4009.

B. A peer-to-peer car sharing program is not liable for bodily injury or property damage to a third party in an amount that is more than the minimum amount of coverage required by section 28-4009 if either of the following occurs:

1. The shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the loss occurs and the bodily injury or property damage is to a third party.

2. The shared vehicle owner acts in concert with the shared vehicle driver who fails to return the shared vehicle pursuant to the car sharing program agreement.

C. Notwithstanding the car sharing termination time, the assumption of liability under subsection A of this section applies to bodily injury and property damage to third parties as required by section 28-4009.

D. A peer-to-peer car sharing program shall ensure that during each car sharing period the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy or other applicable insurance policy that provides insurance coverage in an amount not less than the minimum amount of coverage required by section 28-4009 and that either:

1. Recognizes that the vehicle insured under the policy is made available and used through a peer-to-peer car sharing program.

2. Does not exclude the use of a shared vehicle by a shared vehicle driver.

E. The insurance required by this section may be satisfied by motor vehicle liability insurance that is maintained by any of the following or a combination of all of the following:

1. A shared vehicle owner.

2. A shared vehicle driver.

3. A peer-to-peer car sharing program.

F. The insurance required pursuant to subsections D and E of this section is primary during each car sharing period.

G. The peer-to-peer car sharing program shall assume primary liability for a claim if all of the following occur:

1. The peer-to-peer car sharing program provides the insurance required by this section in whole or in part.

2. A dispute exists as to who was in control of the shared vehicle at the time of the loss.

3. The peer-to-peer car sharing program for any reason fails to provide the information required by section 28-9605.

H. If insurance is maintained by a shared vehicle owner or a shared vehicle driver pursuant to subsection E of this section and that insurance has lapsed or does not provide the required coverage:

1. Insurance that is maintained by a peer-to-peer car sharing program shall provide the coverage required by subsection D of this section beginning with the first dollar of a claim.

2. The peer-to-peer car sharing program has a duty to defend a claim except a claim to which subsection B of this section applies.

I. The shared vehicle's insurer shall indemnify the peer-to-peer car sharing program to the extent of its obligation, if any, under the applicable insurance policy if it is determined that the shared vehicle owner was in control of the shared vehicle at the time of the loss.

J. Coverage under a motor vehicle liability insurance policy that is maintained by a peer-to-peer car sharing program is not dependent on a motor vehicle liability insurer first denying a claim under any other motor vehicle insurance policy.

K. A peer-to-peer car sharing program may not:

1. Offer or sell insurance except in conjunction with and incidental to car sharing program agreements.

2. Advertise, represent or otherwise portray itself or any of its employees or agents as licensed insurers or insurance producers, unless the peer-to-peer car sharing program is a licensed insurer or insurance producer.

3. Pay a person any compensation, fee or commission that is dependent on the placement of insurance under a peer-to-peer car sharing program's license issued pursuant to title 20.

4. Make a car sharing program agreement contingent on the shared vehicle driver purchasing insurance through the peer-to-peer car sharing program.

L. Notwithstanding any other law, this chapter does not prohibit a peer-to-peer car sharing program from recovering its insurance costs incurred in satisfying its obligations pursuant to this section from a shared vehicle owner or shared vehicle driver.

M. Subsection K of this section does not prohibit production payments or incentive payments to an employee if the payments are not dependent on the sale of insurance.

N. This chapter does not limit either of the following:

1. The liability of the peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program.

2. The ability of the peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.
A.R.S. § 28-376 — Arizona Code / Title 28 / Chapter 2 / Article 3 / Section 376
28-376 Employment of personnel; definition
Status: in_force

28-376. Employment of personnel; definition

A. The director may obtain criminal history record information regarding applicants for employment for the purpose of hiring personnel.  Before making a final offer of employment, the director shall require the preferred applicants to submit a full set of fingerprints. The director shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.  The department of transportation shall not disclose information obtained pursuant to this subsection except to members of the department's staff solely for employment purposes.  An applicant shall not be disqualified from employment under this subsection except in accordance with section 13-904, subsection E.

B. The director may obtain consumer report information regarding applicants for employment for the purpose of hiring personnel.  Information obtained may only be used to determine the suitability of the applicant for positions involving fiduciary or financial responsibilities, the issuance of driver licenses or other personal identification documents or access to highly confidential information. Consumer report information may be obtained and used only in accordance with the fair credit reporting act (15 United States Code sections 1681 through 1681x). An applicant shall not be disqualified from employment under this subsection unless the consumer report information relied on for the disqualification has a reasonable relationship to the functions of the position.

C. For the purposes of this section, "applicant" means any person who seeks employment as a new hire or any employee of the department who seeks a transfer, a reclassification or a reassignment to a different position.
A.R.S. § 28-7000 — Arizona Code / Title 28 / Chapter 20 / Article 4 / Section 7000
28-7000 Contracts; exceptions
Status: in_force

28-7000. Contracts; exceptions

A. Notwithstanding section 28-6999, the department may enter into:

1. Construction contracts the performance of which may extend beyond the close of the fiscal year.

2. Contracts or agreements for the purpose of right-of-way acquisitions that may obligate state monies for payment up to ten years before the estimated completion date of construction.

3. Contracts or agreements for the purpose of compensating a utility for damages to the utility's facilities if the damages result from an increase in the cost of maintenance, repair or replacement of the facilities due to changes in the configuration or location of the utility's facilities that are required to accommodate a transportation facility. This paragraph applies to any contract or agreement in effect on August 9, 2001.  For the purposes of this paragraph, "utility" includes the owner of the utility facilities and any person other than the owner who is responsible for the cost of maintenance, repair or replacement of the facilities.

B. Notwithstanding subsection A, paragraph 2 of this section, the department may purchase rights-of-way for projects identified in the long-range statewide transportation plan pursuant to sections 28-307 and 28-506.
A.R.S. § 28-5238 — Arizona Code / Title 28 / Chapter 14 / Article 2 / Section 5238
28-5238 Civil penalty schedule; suspension of registration or license; reinstatement; enforcement
Status: in_force

28-5238. Civil penalty schedule; suspension of registration or license; reinstatement; enforcement

A. If the director imposes a civil penalty on the manufacturer, motor carrier, shipper or driver, the civil penalty is determined pursuant to the following schedule:

1. A minimum civil penalty of one thousand dollars but not more than five thousand dollars, or if the director determines that the manufacturer, motor carrier, shipper or driver failed to attain compliance with a rule relating to hazardous materials, hazardous substances or hazardous wastes, a minimum civil penalty of five thousand dollars but not more than twenty-five thousand dollars.

2. For a second finding of responsibility within a sixty month period involving the same manufacturer, motor carrier, shipper or driver and the same class of violation, as prescribed by subsection E of this section, either:

(a) A minimum civil penalty of five thousand dollars but not more than ten thousand dollars.

(b) If the director determines that the manufacturer, motor carrier, shipper or driver failed to attain compliance with a rule relating to hazardous materials, hazardous substances or hazardous wastes, a minimum civil penalty of ten thousand dollars but not more than twenty-five thousand dollars.

3. For a third and any subsequent finding of responsibility within a sixty month period involving the same manufacturer, motor carrier, shipper or driver and the same class of violation, as prescribed by subsection E of this section, either:

(a) A minimum civil penalty of ten thousand dollars but not more than twenty-five thousand dollars.

(b) If the director determines that the manufacturer, motor carrier, shipper or driver failed to attain compliance with a rule relating to hazardous materials, hazardous substances or hazardous wastes, a minimum civil penalty of fifteen thousand dollars but not more than twenty-five thousand dollars.

B. On the third and any subsequent finding of responsibility within a sixty month period involving the same manufacturer, motor carrier, shipper or driver and the same class of violation, in addition to imposing the civil penalties prescribed in subsection A, paragraph 3 of this section, the director shall suspend the registrations of any motor vehicles owned or leased by the manufacturer, shipper or motor carrier or the driver license or nonresident operating privilege of the driver for thirty days, except that in the case of noncompliance the suspension may exceed thirty days until the department of public safety states in writing to the director of the department of transportation that the cause for the finding of responsibility has been remedied.

C. The manufacturer, motor carrier, shipper or driver shall pay the civil penalty imposed in the order to the department no later than ten days after the order is final.

D. If a civil penalty is imposed and if the civil penalty is not paid when due, the director shall suspend the registrations of any motor vehicles owned or leased by the manufacturer, shipper or motor carrier or shall suspend the driver license or nonresident operating privilege of the driver.

E. For the purpose of determining the amount of civil penalty for repeat findings of responsibility for the same class of violation, the director may adopt rules categorizing violations of this chapter or violations of rules adopted under this chapter into the following classes:

1. Equipment.

2. Commodities transport, including hazardous materials, hazardous substances or hazardous wastes.

3. Driver, shipper or manufacturer records or requirements.

4. Other records.

F. In addition to any other requirements imposed in this section, the director shall not reinstate any suspended registrations of the motor vehicles of the manufacturer, shipper or motor carrier or any suspended driver license or nonresident operating privilege of the driver, manufacturer, shipper or motor carrier until both of the following conditions are met:

1. All fees prescribed by statute to reinstate the vehicle registration or driving privileges are paid.

2. Any civil penalty that has been imposed is paid.

G. The director shall immediately deposit, pursuant to sections 35-146 and 35-147, all monies from civil penalties imposed under this chapter in the motor carrier safety revolving fund established by section 28-5203.

H. A city, town or county shall not enact an ordinance or resolution imposing civil penalties against any shipper, manufacturer or motor carrier for a motor carrier safety violation.

I. The attorney general shall enforce this section.
A.R.S. § 28-6744 — Arizona Code / Title 28 / Chapter 19 / Article 2 / Section 6744
28-6744 Semiannual report; publication
Status: in_force

28-6744. Semiannual report; publication

A. At least once every six months, the commission shall make and file with the board a detailed statement showing:

1. The amount of monies in the highway improvement fund at the time of its last statement.

2. The amount of monies received since its last statement and the purpose for which the monies were deposited.

3. The amount of monies spent since its last statement and the purpose for which the monies were spent.

4. The balance remaining.

5. The contracts entered into or completed since its last statement and the condition of the work under each contract.

B. The board of supervisors shall publish the statement. The cost of publication shall be paid from the highway improvement fund.
A.R.S. § 28-5607 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5607
28-5607 Fuel imported by other than licensed supplier; payment of tax; fee; import limitation
Status: in_force

28-5607. Fuel imported by other than licensed supplier; payment of tax; fee; import limitation

A. A person who is not licensed as a supplier and who imports motor fuel from a point outside this state to a point in this state shall pay both:

1. The tax at a department facility approved by the director before importing the fuel.

2. A twenty-five dollar administrative processing fee.

B. A person who is not licensed as a supplier and who causes motor fuel on which taxes have not been collected to be transported from a point outside this state to a point in this state shall pay to the director the following:

1. The tax required by section 28-5606 or 28-8344.

2. A penalty equal to the tax required by section 28-5606 or 28-8344.

3. Interest of one per cent per month or portion of a month on the tax.

C. A person who is not licensed as a supplier may not import more than sixteen thousand gallons of motor fuel per calendar year.
A.R.S. § 28-3159 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3159
28-3159 Restricted licenses
Status: in_force

28-3159. Restricted licenses

A. With good cause, the department may issue the following restricted driver licenses:

1. A driver license with any of the following:

(a) Restrictions suitable to the licensee's driving ability for the type of motor vehicle or special mechanical control devices required on a motor vehicle that the licensee may operate.

(b) Restrictions suitable to the licensee's ability to drive a motor vehicle in areas, at locations or on highways or during certain times.

(c) Other restrictions as the department determines appropriate to ensure the safe operation of a motor vehicle by the licensee.

2. A class A, B or C driver license that restricts the driver from operating:

(a) A commercial motor vehicle equipped with air brakes, if the applicant either fails the air brake component of the knowledge examination or performs the skills test in a vehicle that is not equipped with air brakes.

(b) A vehicle in interstate commerce, if the applicant is not subject to 49 Code of Federal Regulations part 391.

(c) A motor vehicle for the purposes of interstate commerce, if an applicant for a class A, B or C license is at least eighteen years of age.

3. A class A, B or C driver license with other restrictions that the department determines are appropriate to ensure the safe operation of a commercial motor vehicle by the licensee.

4. A class M license that restricts the driver from driving a vehicle other than a motorcycle, motor driven cycle or moped with a maximum piston displacement of one hundred cubic centimeters or less, if the applicant performs the driving examination with a motorcycle, motor driven cycle or moped with a maximum piston displacement of one hundred cubic centimeters or less.

5. A special ignition interlock restricted driver license pursuant to chapter 4, article 3.1 of this title.

6. A license restricting the travel of the driver as provided in section 25-518.

B. The department may either issue a special restricted license or display the restrictions on the usual driver license form.
A.R.S. § 28-7710 — Arizona Code / Title 28 / Chapter 22 / Article 1 / Section 7710
28-7710 Federal laws and severability
Status: in_force

28-7710. Federal laws and severability

A. If no federal monies are used on an eligible facility, the laws of this state, including this chapter, govern. Notwithstanding any other provision of this chapter, if federal monies are used on an eligible facility and applicable federal laws conflict with this chapter or require provisions or procedures inconsistent with this chapter, the applicable federal laws govern.

B. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.
A.R.S. § 28-4500 — Arizona Code / Title 28 / Chapter 10 / Article 6 / Section 4500
28-4500 Unlicensed dealer and automotive recycler; hearing; civil penalty; suspension of motor vehicle registrations; reinstatement fee
Status: in_force

28-4500. Unlicensed dealer and automotive recycler; hearing; civil penalty; suspension of motor vehicle registrations; reinstatement fee

A. The director shall conduct a hearing pursuant to section 28-4491 if an officer authorized to enforce this chapter alleges that a person refuses or fails to comply with a cease and desist order issued pursuant to section 28-4499.

B. The director shall hold the hearing at least fifteen but not more than thirty days after receipt of either of the following:

1. A written request for a hearing.

2. A written notice of hearing as prescribed by section 28-4498 or 28-4499.

C. A finding that a person is in violation of the dealer or automotive recycler licensing requirements of this chapter requires that the person appearing at the hearing is responsible for the violation.

D. If, after reviewing the allegations and results of the hearing, the director determines that the person is in violation of the dealer or automotive recycler licensing provisions of this chapter, the director may impose a civil penalty pursuant to section 28-4501.

E. After consideration of the evidence presented at the hearing, the director shall serve notice of the director's finding and order within five days after the hearing.

F. Unless a continuance is granted, if a person who is alleged to be in violation of the dealer or automotive recycler licensing provisions of this chapter fails to appear for a hearing, the director may suspend the registrations of all motor vehicles owned and leased by the person. The director shall not remove the suspension until the person appears for the hearing and pays a fee of fifty dollars to the department for the reinstatement of each motor vehicle registration and license plate.
A.R.S. § 28-9571 — Arizona Code / Title 28 / Chapter 30 / Article 4 / Section 9571
28-9571 Statewide transportation innovation fund
Status: in_force

28-9571. Statewide transportation innovation fund

A. The statewide transportation innovation fund is established.  The state treasurer shall administer the fund. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 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. The fund consists of the following:

1. Monies appropriated by the legislature.

2. Any nonfederal gifts, grants, donations or other monies received by the state treasurer from any public or private source for transportation projects.

B. The monies in the fund shall be used for:

1. Grants to for-profit and nonprofit entities to provide a transportation innovation program in this state as prescribed by section 28-9572.

2. Equipment purchases, driver salaries, insurance costs and payment of other costs directly related to the implementation of an innovation transportation plan.
A.R.S. § 28-5634 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5634
28-5634 Bond cancellation
Status: in_force

28-5634. Bond cancellation

If the license of a supplier is cancelled by the director pursuant to section 28-5633 and if the supplier has paid all taxes due and payable by the supplier as required by this article or section 28-8344 on the receipt, sale or use of motor vehicle fuel or aviation fuel and has paid all interest and penalties accruing by reason of the supplier's failure to make accurate reports or to pay the tax and interest and penalties, the director shall cancel and surrender the bond filed by the supplier.
A.R.S. § 28-4840 — Arizona Code / Title 28 / Chapter 11 / Article 2 / Section 4840
28-4840 Report; vehicle abandoned in repair facility; disposition
Status: in_force

28-4840. Report; vehicle abandoned in repair facility; disposition

A. A vehicle that is left in a repair facility operated for commercial purposes for more than ten days after notice to pick up the vehicle has been mailed to the owner by certified restricted mail to be delivered to the addressee only, return receipt requested, at the address listed on the vehicle registration is deemed an abandoned vehicle.  Unless the vehicle is left under a written or oral contract for repair, the party in possession of such a vehicle shall:

1. Report the vehicle to the director.

2. File all other applicable documents.

3. Pay all fees prescribed by this title.

B. Except if the vehicle inspection prescribed in section 28-4834 is not completed within the prescribed time period due to no fault of the person, an operator of a repair facility who fails to make the report to the director by the end of the succeeding thirty days forfeits all claims for towing, repair estimates or storage of the vehicle.

C. A vehicle that is abandoned by being left in a repair facility as provided by this section shall be disposed of pursuant to sections 28-4841 and 28-4842.

D. This section does not impair any lien of a proprietor of a garage or repair or service station under the laws of this state or the right of a lienholder to foreclose, and a proprietor of a garage or repair or service station shall not use this section instead of section 33-1022. For the purposes of this subsection, "service station" means a place operated primarily for the purpose of delivering motor vehicle fuel into the fuel tanks of motor vehicles.
A.R.S. § 28-7152 — Arizona Code / Title 28 / Chapter 20 / Article 7 / Section 7152
28-7152 Assurance of dwellings
Status: in_force

28-7152. Assurance of dwellings

A. If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available and the head of the displacing agency determines that the dwellings cannot otherwise be made available, the head of the displacing agency shall take any action that is necessary or appropriate to provide the dwellings by the use of monies authorized for the project. The displacing agency may exceed the maximum amounts that may be paid under sections 28-7144 and 28-7146 on a case by case basis for good cause as determined pursuant to department rules.

B. A person shall not be required to move from a dwelling on account of a program or project undertaken by a displacing agency unless the displacing agency is satisfied that comparable replacement housing is available to the person.

C. The displacing agency shall ensure that a person is not required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in any of the following cases:

1. A major disaster as defined in section 102(2) of the federal disaster relief act of 1974.

2. A national emergency declared by the president of the United States.

3. Any other emergency that requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person is a substantial danger to the health or safety of the person.
A.R.S. § 28-7101 — Arizona Code / Title 28 / Chapter 20 / Article 6 / Section 7101
28-7101 Condemnation; interest
Status: in_force

28-7101. Condemnation; interest

Interest on a judgment in a condemnation proceeding instituted by the department, including interest that is payable pursuant to section 12-1123, subsection B, shall be calculated for each month or portion of a month that interest is owed and shall be either:

1. The prime rate charged by banks on short-term business loans as determined for publication in the bulletin of the board of governors of the federal reserve system, as of the first day of that month.

2. In the absence of a determination by the board of governors of the federal reserve system, calculated in the same manner based on comparable data as determined by the United States department of commerce, bureau of economic analysis, for publication in "survey of current business".

3. If the prime rate cannot be determined from publication as provided in paragraph 2, determined by a federal agency that is annually designated by the board and that makes and publishes data sufficient to determine the prime rate of interest.
A.R.S. § 28-7615 — Arizona Code / Title 28 / Chapter 21 / Article 3 / Section 7615
28-7615 Application of grant revenues; grant anticipation notes fund; payment of notes
Status: in_force

28-7615. Application of grant revenues; grant anticipation notes fund; payment of notes

A. On the issuance of any grant anticipation notes, the grant revenues to be received by the director pursuant to the applicable grant agreement shall be collected and, as provided by the board at the time of authorizing the issuance of the grant anticipation notes, used for any of the following:

1. Paid into a special fund to be known as the grant anticipation notes fund.

2. Held for application to the payment of the costs of the project to which the grant agreement relates.

3. Applied to reimburse the director for monies previously spent with respect to the project.

B. As long as any grant anticipation notes are outstanding, monies paid into the grant anticipation notes fund pursuant to subsection A shall only be used to pay principal and interest on the grant anticipation notes.

C. Notwithstanding any other law, this article authorizes the payment when due or redemption in advance of maturity, if the notes so provide, of all principal and interest and redemption premiums on the notes from the monies in the grant anticipation notes fund.
A.R.S. § 28-8334 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8334
28-8334 Aircraft loss or destruction
Status: in_force

28-8334. Aircraft loss or destruction

If an aircraft registered under this article is lost or destroyed, the registration of the aircraft expires. The person to whom the aircraft is registered, or, if that person dies, that person's legal representative, shall inform the department in writing of the loss or destruction of the aircraft within thirty days after it occurs.
A.R.S. § 28-4496 — Arizona Code / Title 28 / Chapter 10 / Article 6 / Section 4496
28-4496 Licensed dealer or automotive recycler; hearing; civil penalty
Status: in_force

28-4496. Licensed dealer or automotive recycler; hearing; civil penalty

A. Notwithstanding section 28-4495, the director may conduct a hearing pursuant to section 28-4491 if the director alleges that a licensed motor vehicle dealer or automotive recycler refuses or fails to comply with a cease and desist order issued pursuant to section 28-4498.

B. The director shall conduct a hearing pursuant to section 28-4491 if the director alleges that a licensed motor vehicle dealer has violated section 28-4493, subsection A, paragraph 9.

C. The director shall hold the hearing at least fifteen but not more than thirty days after service of a written notice. The director shall send the notice by personal delivery or certified mail to the address provided to the department in the report alleging the noncompliance.

D. A finding that a licensed motor vehicle dealer or automotive recycler is in violation of this chapter requires that all of the following conditions exist, and the scope of the hearing is limited to the following:

1. A determination that the person refuses or fails to comply with the requirements of section 28-4498.

2. A determination that the person ordered to appear at the hearing is responsible for the violation.

E. If after reviewing the allegations and results of the hearing the director determines that the licensed motor vehicle dealer or automotive recycler is in violation of this chapter, the director may impose the civil penalty pursuant to section 28-4501.

F. After consideration of the evidence presented at the hearing, the director shall serve notice of the director's finding and order within five days after the hearing.
A.R.S. § 28-2426 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2426
28-2426 Arizona professional baseball club special plates; fund
Status: in_force

28-2426. Arizona professional baseball club special plates; fund

A.  The department shall issue Arizona professional baseball club special plates.  The entity that provides the thirty-two thousand dollars shall design the Arizona professional baseball club special plates.  The design and color of the Arizona professional baseball club special plates are subject to the approval of the department.  The director may allow a request for Arizona professional baseball club 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 Arizona professional baseball club special plates.

B. Of the twenty-five dollar fee required by section 28-2402 for the 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 Arizona professional baseball club special plate fund established by subsection D of this section.

D. The Arizona professional baseball club special plate fund is established consisting of monies received pursuant to this section.  The director shall administer the fund.  The first thirty-two thousand dollars received shall be reimbursed to the entity that paid the implementation fee to the department pursuant to subsection A of this section. Not more than ten per cent 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 allocate monies from the fund through a private Arizona professional baseball organization's foundation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that further allocates the monies to programs relating to youth education and development, housing for the homeless or low-income persons and health care for the indigent.  The director shall forward all monies deposited in the Arizona professional baseball club special plate fund, excluding administrative fees, to the foundation on an annual basis.

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. § 28-7514 — Arizona Code / Title 28 / Chapter 21 / Article 1 / Section 7514
28-7514 Attorney general bond certification
Status: in_force

28-7514. Attorney general bond certification

A. The board may submit to the attorney general any bonds to be issued under this article after all proceedings for the authorization of the bonds have been taken. On the submission of the proceedings to the attorney general, the attorney general shall investigate and determine the validity of the bonds and the regularity of all proceedings in connection with the issuance.

B. If the proceedings conform to this article and if it is determined that the bonds when delivered and paid for will constitute binding and legal obligations of the board enforceable according to the terms of the bonds, the attorney general shall certify in substance on the back of each of the bonds that it is issued in accordance with the constitution and laws of this state.
A.R.S. § 28-7761 — Arizona Code / Title 28 / Chapter 22 / Article 2 / Section 7761
28-7761 Reporting to department; impact on driving record and insurance
Status: in_force

28-7761. Reporting to department; impact on driving record and insurance

A. The toll operator shall report to the department satisfaction of the liability within five calendar days after the toll operator receives payment on a form supplied by the department.

B. Liability for a toll evasion or associated tolls, administrative charges and penalties is not a moving violation pursuant to this title, and an insurer shall not consider the liability against the person for the purposes of establishing rates for motor vehicle liability insurance or determining the insurability of the person. An insurer shall not cancel or refuse to renew any policy of insurance because of the liability.
A.R.S. § 28-5722 — Arizona Code / Title 28 / Chapter 16 / Article 2 / Section 5722
28-5722 Additional assessment; time limit
Status: in_force

28-5722. Additional assessment; time limit

A. Except in the case of a fraudulent report or failure to make a report, a notice of additional use fuel tax proposed to be assessed shall be served on the licensee within four years after the alleged erroneous report was filed.

B. If a licensee fails or refuses to provide records or access to records demanded for auditing purposes, the time limit prescribed in this section is tolled until the records demanded are provided. Successive failures to adequately respond to a demand for records relate back to the first demand.
A.R.S. § 28-6352 — Arizona Code / Title 28 / Chapter 17 / Article 2 / Section 6352
28-6352 County transportation excise tax; budget process; annual report
Status: in_force

28-6352. County transportation excise tax; budget process; annual report

A. The regional planning agency in the county shall develop and adopt a plan. The plan shall be multimodal and shall be developed in cooperation with state and local public transportation authorities and operators and in coordination with the department.  The regional planning agency shall consider truck parking availability when considering the construction, expansion or modification of freeways or other routes in the state highway system. On or before December 31, 2045, the regional planning agency shall allocate at least $90,000,000 for the implementation of commercial motor vehicle parking that is consistent with a regionally adopted truck parking plan, including funding for construction, land acquisition, lease, maintenance or operations or entry into a public-private partnership agreement.

B. The plan shall allocate revenue collected under section 42-6105.01 as follows:

1. In the regional area road fund established by section 28-6302 for freeways and other routes in the state highway system, including capital expense and maintenance.

2. In the regional area road fund established by section 28-6302 for major arterial streets, intersection improvements and regional transportation infrastructure, including capital expense and implementation studies.

3. In the public transportation fund established by section 48-5103 for both:

(a) Capital costs, maintenance and operation of public transportation mode classifications.

(b) Capital rehabilitation costs associated with the light rail system.

C. Beginning fiscal year 2023-2024, the regional planning agency shall adopt a budget process that ensures:

1. The estimated cost of the freeways and other routes in the region's state highway system does not exceed the total amount of revenues estimated to be available over the term of the transportation excise tax as prescribed by section 42-6105, subsection C and section 42-6105.01, subsection C.

2. The estimated cost of the public transportation system does not exceed the total amount of revenues estimated to be available over the term of the transportation excise tax as prescribed by section 42-6105, subsection C and section 42-6105.01, subsection C.

3. The estimated cost of major arterial streets, intersection improvements and regional transportation infrastructure does not exceed the total amount of revenues estimated to be available over the term of the transportation excise tax as prescribed by section 42-6105, subsection C and section 42-6105.01, subsection C.

D. The regional planning agency shall coordinate with implementing partners on the budget process prescribed in subsection C of this section, including the department for freeways and other routes in the state highway system and the regional public transportation authority in the county for the public transportation system.

E. The regional planning agency shall determine the use of the revenues collected under sections 42-6105 and 42-6105.01 for capital projects through the transportation improvement program.

F. Any bonds issued against proceeds collected pursuant to sections 42-6105 and 42-6105.01 require consultation with the regional planning agency.

G. The regional planning agency shall annually report on the status of the projects funded pursuant to section 42-6105 or 42-6105.01 and shall post the report on its website.

H. Requests for changes to transportation projects funded in the plan that would materially increase costs shall be submitted to the regional planning agency for approval and submitted by the regional planning agency to the transportation policy committee and the board for consideration and approval.

I. If a local authority requests an enhancement to a transportation project funded in the plan, the local authority shall pay all costs associated with the enhancement.

J. The plan shall reflect the allocation of revenues collected under section 42-6105, subsection D through December 31, 2025.

K. The budget process prescribed in subsection C of this section does not apply to the annual operating budget of the regional public transportation authority in the county.

L. If monies are appropriated by the legislature for a project that is identified in the plan, the use of the monies for construction requires both of the following:

1. The project must be advanced as appropriate to reflect the estimated construction start date.

2. The monies must be used in the same modal classification specified in subsection B of this section.

M. If a municipality pays for public transportation service in an adjacent municipality or unincorporated area of a county, the cost of the service shall be eligible for reimbursement from monies collected under section 42-6105 or 42-6105.01.  For the purposes of this subsection:

1. "Municipality" means a city or town.

2. "Public transportation service" includes circulator service.
A.R.S. § 28-5950 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5950
28-5950 Appraisal
Status: in_force

28-5950. Appraisal

A. The officer seizing property described in section 28-5949 shall appraise and set aside to the owner the amount of the property declared to be exempt.

B. If the taxpayer objects at the time of the seizure to the valuation fixed by the officer making the seizure, the director shall have three disinterested individuals make the valuation.
A.R.S. § 28-4150 — Arizona Code / Title 28 / Chapter 9 / Article 4 / Section 4150
28-4150 Effect of suspension on contract
Status: in_force

28-4150. Effect of suspension on contract

The suspension of a motor vehicle registration pursuant to this article does not establish grounds for the rescission or invalidity of a contract or financing agreement entered into for the purchase of a motor vehicle in this state.
A.R.S. § 28-1103 — Arizona Code / Title 28 / Chapter 3 / Article 18 / Section 1103
28-1103 Excess size and weight special permits; definition
Status: in_force

28-1103. Excess size and weight special permits; definition

A. Subject to section 28-1104, subsection E, on application in writing and for good cause, the director with respect to highways under the jurisdiction of the department and a local authority with respect to highways under its jurisdiction may issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with this chapter on any highway under the jurisdiction of the party granting the permit and for the maintenance of which the party is responsible.

B. A special permit may be issued for the movement of overdimensional and overweight loads that is subject to department rules for overdimensional and overweight loads. The director shall adopt rules for overdimensional and overweight loads. The director may establish fees to cover all or part of the cost of review and analysis of requests for overdimensional and overweight load permits. The department shall collect the fees, in addition to the special permit fee provided by this section or section 28-1105.

C. Subject to this section, the director or local authority may issue the following special permits that are valid for thirty days or one year and that may be limited by the director or local authority:

1. A special permit authorizing the applicant to transport a load by means of a truck-semitrailer, truck-trailer, truck tractor-semitrailer-semitrailer or truck tractor-semitrailer-trailer combination, if all of the following conditions are met:

(a) The overall length of the cargo carrying unit of the vehicle combination does not exceed ninety-five feet.

(b) The axle weight limitations are subject to sections 28-1099 and 28-1100.

(c) The overall gross weight of the vehicle combination does not exceed one hundred twenty-nine thousand pounds.

(d) The vehicle combination is traveling within twenty miles of the borders of this state and an adjacent state that allows such combinations of length and gross vehicle weight.

2. Except on the national intercity truck route network designated by the United States secretary of transportation as required by the surface transportation assistance act of 1982, a special permit authorizing the applicant to transport a load by means of a truck and two trailing units or a truck tractor, a semitrailer and two trailing units if all of the following conditions are met:

(a) The overall length of the cargo carrying unit of the vehicle combination does not exceed ninety-five feet.

(b) The axle weight limitations conform to sections 28-1099 and 28-1100.

(c) The overall gross weight of the vehicle combination does not exceed one hundred twenty-three thousand five hundred pounds.

(d) The vehicle combination is traveling on either:

(i) A state route or highway that is located within four miles of and extends to the border of this state and an adjacent state that allows vehicle combinations of a truck or a truck tractor-semitrailer and not more than two additional trailers or semitrailers.

(ii) A state route or highway that extends at least ten miles through an Indian reservation, does not cross the Colorado river and is located within twenty miles of and extends to the border of this state and an adjacent state that allows such combinations of trailers or semitrailers.

3. On application in writing by an owner of a watercraft as defined in section 5-301 and on good cause shown, a special excess width permit for a fee of forty-five dollars for each watercraft covered by the permit that:

(a) Authorizes the owner to move a vehicle loaded with the watercraft on a highway under the jurisdiction of the issuer if all of the following conditions exist:

(i) The total outside width of the vehicle and watercraft does not exceed ten feet.

(ii) The vehicle loaded with the watercraft is otherwise in conformity with the limitations prescribed by this chapter.

(iii) The watercraft is properly registered with the Arizona game and fish department.

(b) Contains the watercraft registration number.

D. The director may issue a special excess width permit for the operation of a vehicle with a reducible load only if both:

1. The load exceeds the width limitation prescribed in section 28-1093.

2. The load does not exceed ten feet in width.

E. Subject to this section and on receipt of an application, the director or local authority shall issue a permit that is valid for thirty days or one year and that authorizes the commercial movement of recreational vehicles as defined in section 41-4001 that exceed the size restrictions prescribed in this article.  There is no limit on the number of movements generated or the number of vehicles moved by the permittee under a permit issued pursuant to this subsection. Notwithstanding section 28-1104, additional permit requirements shall not be imposed on the commercial movement of these recreational vehicles if the recreational vehicles comply with section 28-1093, subsection D.

F. If a local authority issues permits pursuant to this section, the local authority shall adopt and enforce ordinances that are substantially identical to rules adopted by the department that relate to overdimensional or overweight commercial vehicles, and the local authority may adopt ordinances relating to infrastructure restrictions, route restrictions and time-of-day restrictions. The local authority shall provide to the department in a timely manner in an electronic format prescribed by the director all current ordinances and rules of the local authority relating to the permits. The department shall:

1. Make the ordinances and rules available to the public in an electronic format.

2. Notify a local authority of any updates or changes to rules established by the department.

G. Before the adoption and enforcement of an ordinance by a local authority pursuant to subsection F of this section, the engineer or designated officer having jurisdiction over the highways within the local authority shall submit the proposed ordinance to the department and the department shall submit the proposed ordinance to the overdimensional permit council established by section 28-1150 for review.

H. The overdimensional permit council has ninety days after the date that the department receives the proposed ordinance pursuant to subsection G of this section to review the proposed ordinance for compliance with subsection F of this section.  The proposed ordinance is deemed compliant if the overdimensional permit council does not act within ninety days as prescribed by this subsection. If the overdimensional permit council determines that the proposed ordinance does not comply with subsection F of this section, the overdimensional permit council shall notify the department of the noncompliance before the end of the ninety-day period. The department shall notify the engineer or designated officer with jurisdiction over highways of the local authority in writing within thirty days after the review and provide specific provisions and the council's reasons that the ordinance is not in compliance with subsection F of this section.

I. On receipt of written notification that the proposed ordinance is not in compliance with subsection F of this section, the local authority shall make changes as applicable. If the local authority accepts the overdimensional permit council's recommended changes, further review is not required. If the local authority makes any other substantial change to the ordinance after the overdimensional permit council's review the local authority shall resubmit the change to the department for review pursuant to subsection G of this section.

J. This section does not limit a local authority's power to restrict highway use pursuant to section 28-1106.

K. The department is immune from liability for providing to the public a local authority's ordinances or rules relating to permits issued by the local authority pursuant to this section if the department relies on the information submitted by the local authority in good faith.

L. For the purposes of this section, "cargo carrying unit" means any portion of a commercial motor vehicle combination used for the carrying of cargo, including a trailer, a semitrailer or the cargo carrying section of a single unit truck. Cargo carrying unit does not include the cab portion of a truck or truck tractor.
A.R.S. § 28-625 — Arizona Code / Title 28 / Chapter 3 / Article 2 / Section 625
28-625 Persons riding animals or driving animal drawn vehicles
Status: in_force

28-625. Persons riding animals or driving animal drawn vehicles

A person riding an animal or driving an animal drawn vehicle on a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except the provisions of this chapter and chapters 4 and 5 of this title that by their very nature can have no application.
A.R.S. § 28-6531 — Arizona Code / Title 28 / Chapter 18 / Article 2 / Section 6531
28-6531 Definitions
Status: in_force

28-6531. Definitions

In this article, unless the context otherwise requires:

1. "Arterial street or highway" means a street or highway used primarily for through traffic in such manner that vehicular traffic from intersecting streets and highways is required by law to stop or yield before entering or crossing the street or highway.

2. "Bonds" means any bonds that are payable from the state highway fund as provided in chapter 21, article 1 of this title.

3. "Controlled access highway" has the same meaning prescribed in section 28-601.

4. "Population" means the population determined in the most recent United States decennial census or the most recent special census as provided in section 28-6532 and revisions to the decennial or special census certified by the United States bureau of the census.

5. "State highway fund" means the state highway fund established by section 28-6991.