A.R.S. § 28-5111 — Arizona Code / Title 28 / Chapter 13 / Article 1 / Section 5111
28-5111 Electronic transmission and recording of title, registration and driver license; program; authorized third party
Status: in_force

28-5111. Electronic transmission and recording of title, registration and driver license; program; authorized third party

A. The director may establish a program to measure and determine the effectiveness of the following in improving customer service, operations, capital cost reductions and security of information transmitted to the department:

1. The electronic transmission and recording of vehicle certificate of title and registration information between the department and an authorized third party or an authorized third party electronic service provider for the purpose of titling and registering vehicles entering this state from another jurisdiction in a cost-effective manner in lieu of the submission and maintenance of paper documents.

2. The electronic transmission and recording of driver license applications between the department and another state through an authorized third party or authorized third party electronic service provider for the purpose of issuing driver licenses in a cost-effective manner in lieu of the submission and maintenance of paper documents as provided in this chapter.

3. The electronic transmission and recording of vehicle accident data between the department, other states and law enforcement agencies within this state or within another state through an authorized third party or authorized third party electronic service provider.

B. In the process of establishing the system, the director shall:

1. Research methods the department and authorized third parties or authorized third party electronic service providers may use to exchange and maintain information relating to driver licenses and vehicle certificates of title and registration without submitting or receiving a paper document.

2. Develop methods an authorized third party or an authorized third party electronic service provider may use to electronically submit updated information relating to the certificate of title and registration record or the driver license record.

C. The director may limit the number of other states and authorized third party electronic service providers participating in the system. If the director determines the system is successful, the director may expand the system.

D. Chapter 2, article 5 of this title applies to certificates of title and driver license information under the system established pursuant to this section.
A.R.S. § 28-5742 — Arizona Code / Title 28 / Chapter 16 / Article 2 / Section 5742
28-5742 Evidence of valid license
Status: in_force

28-5742. Evidence of valid license

A. A licensee who is an interstate user shall carry evidence of a valid license at all times in the cab of the vehicles operated by the licensee.

B. The operator of a motor vehicle shall display evidence of a valid license to the director, the director's authorized agents or any other law enforcement officer in this state on demand or at any port of entry or exit as required.

C. If evidence of a properly issued license is not displayed, whether through loss or theft or for any other reason, the operator of the vehicle may be required to purchase a special single trip use fuel tax permit pursuant to section 28-5739.

D. An interstate user licensee is liable for any use fuel tax that accrues to each motor vehicle operated by the licensee.

E. If evidence of a valid license is lost, stolen or destroyed, an interstate user licensee's liability for use of that evidence of a valid license is relieved twenty-four hours after the director receives written notification from the licensee that the evidence of a valid license has been lost, stolen or destroyed.
A.R.S. § 28-4307 — Arizona Code / Title 28 / Chapter 10 / Article 1 / Section 4307
28-4307 Civil damages
Status: in_force

28-4307. Civil damages

A dealer who suffers a pecuniary loss or who is otherwise adversely affected because of a violation of this chapter by a manufacturer or distributor has a cause of action against the manufacturer or distributor for damages and may recover those damages in any court of competent jurisdiction.
A.R.S. § 28-1446 — Arizona Code / Title 28 / Chapter 4 / Article 4 / Section 1446
28-1446 Calculating incarceration credit
Status: in_force

28-1446. Calculating incarceration credit

A person who receives time served credit towards a mandatory term of incarceration for a violation of this chapter must serve at least eight consecutive hours for each day of credit.
A.R.S. § 28-2207 — Arizona Code / Title 28 / Chapter 7 / Article 6 / Section 2207
28-2207 Renewal of fleet registration; deletion of vehicle
Status: in_force

28-2207. Renewal of fleet registration; deletion of vehicle

A. On the renewal of a fleet registration, the department shall require payment of full license fees for each vehicle registered in the preceding year unless the vehicle has been deleted from the fleet as required by this section.

B. To delete a vehicle from a fleet, the fleet registrant shall notify the department that the license plate assigned to the vehicle has been removed from the vehicle. Notwithstanding section 28-2058, the department may allow a fleet registrant to retain a license plate that is not transferred to another vehicle.  If the department does not allow a fleet registrant to retain the license plate, the fleet registrant shall either surrender the license plate to the department or an authorized third party or submit an affidavit of license plate destruction as prescribed by the director. If the license plate is lost or stolen, the fleet registrant shall submit a sworn statement detailing the circumstances for the inability to retain, surrender or destroy the license plate.
A.R.S. § 28-5236 — Arizona Code / Title 28 / Chapter 14 / Article 2 / Section 5236
28-5236 Violations; inspection; material containment
Status: in_force

28-5236. Violations; inspection; material containment

A. A person shall not operate a vehicle that transports hazardous materials, hazardous substances or hazardous wastes on a highway in this state unless the vehicle has been properly inspected pursuant to 49 Code of Federal Regulations.

B. A person shall not transport or cause the transportation of hazardous materials, hazardous substances or hazardous wastes unless the material is properly contained and manifested as prescribed by applicable statutes and rules.
A.R.S. § 28-1445 — Arizona Code / Title 28 / Chapter 4 / Article 4 / Section 1445
28-1445 Alcohol or other drug screening; license suspension
Status: in_force

28-1445. Alcohol or other drug screening; license suspension

A. The department of transportation shall order a person whose driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege is suspended pursuant to section 28-1385 to complete alcohol or other drug screening pursuant to this chapter. The alcohol or other drug screening shall be provided by a facility approved by the department of health services, the United States department of veterans affairs, an addiction counselor as defined in section 28-3005 or a probation department.

B. The department may accept evidence satisfactory to the department and in a manner prescribed by the department, after consulting with the administrative office of the courts, of a person's completion of alcohol or other drug screening ordered by the court pursuant to section 28-1381, 28-1382, 28-1383 or 28-1387 as sufficient to meet the alcohol or other drug screening requirements of section 28-1385 and this section or the department may order the person to complete additional alcohol or other drug screening.

C. A person who is ordered to complete alcohol or other drug screening is responsible for paying the costs of the screening.

D. The department shall issue a driver license or permit or reinstate a person's driving privilege only if the person provides satisfactory evidence to the department that the person has completed alcohol or other drug screening.

E. A person who provides an alcohol or other drug screening program shall electronically report the following to the department in a form prescribed by the department:

1. The completion of screening pursuant to this section.

2. The failure of a person to complete screening as ordered by the department pursuant to this section.
A.R.S. § 28-8201 — Arizona Code / Title 28 / Chapter 25 / Article 1 / Section 8201
28-8201 Definitions
Status: in_force

28-8201. Definitions

In this article and articles 2 through 5 of this chapter, unless the context otherwise requires:

1. "Aeronaut" includes any aviator, pilot, balloonist and other person participating in the operation of aircraft while in flight.

2. "Aircraft" includes a balloon, airplane, amphibian and craft used for navigation through the air.

3. "Passenger" includes a person who rides in aircraft but has no part in its operation.

4. "Seizure of aircraft" means the physical disabling or securing of an aircraft by locks, chains or other mechanical devices.
A.R.S. § 28-7001 — Arizona Code / Title 28 / Chapter 20 / Article 4 / Section 7001
28-7001 Right-of-way purchase; financing
Status: in_force

28-7001. Right-of-way purchase; financing

A. If the department elects to enter into a contract or agreement for the purchase of right-of-way and in addition to other methods of acquisition prescribed by law, at the discretion of the property owner, the department may enter into a contract or agreement for the purchase of right-of-way utilizing one or more of the following financing methods:

1. Cash to mortgage purchase agreement.

2. Seller financing.

3. Assumption of existing financing.

4. Lease-purchase agreement.

5. Any other term purchase agreement.

B. A contract or agreement authorized by section 28-7000 or this section shall not contain a financing method that would result in the creation of a debt pursuant to article IX, section 5, Constitution of Arizona.

C. The department may negotiate regarding the terms of purchase and enter into a contract with the property owner regarding the financing and terms of purchase. The contract between the department and the property owner regarding financing and the terms of purchase is binding in the event of condemnation.
A.R.S. § 28-4077 — Arizona Code / Title 28 / Chapter 9 / Article 3 / Section 4077
28-4077 Certificate of insurance
Status: in_force

28-4077. Certificate of insurance

A. A person may give proof of financial responsibility by filing with the director the written certificate of an insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate shall:

1. Be in a form and shall contain the information prescribed by the director.

2. Designate by explicit description or by appropriate reference all motor vehicles covered by the certificate, unless the policy is issued to a person who is not the owner of a motor vehicle.

B. A motor vehicle shall not be or shall not continue to be registered in the name of a person required to file proof of financial responsibility unless the motor vehicle is designated in the certificate.
A.R.S. § 28-7385 — Arizona Code / Title 28 / Chapter 20 / Article 14 / Section 7385
28-7385 Longitudinal telecommunication access to highway system right-of-way; compensation
Status: in_force

28-7385. Longitudinal telecommunication access to highway system right-of-way; compensation

A. The department shall require compensation from a provider for longitudinal access to the right-of-way of a state highway. The compensation shall be all of the following:

1. Fair and reasonable.

2. Competitively neutral.

3. Nondiscriminatory.

4. Open to public inspection.

5. Established to promote access by multiple providers.

6. Established for zones of this state.

7. Established to encourage the deployment of digital infrastructure within this state.

8. A lump sum payment or annual installment, at the option of the provider.

9. Set pursuant to subsection I of this section.

B. The compensation may be cash, in-kind compensation or a combination of cash and in-kind compensation.

C. In-kind compensation requires the agreement of both the provider and the department.

D. The department shall determine the present value of any in-kind compensation based on the incremental cost to the provider.

E. The value of in-kind compensation or a combination of cash and in-kind compensation shall be equal to or greater than the amount of cash compensation that would be charged if the compensation is cash only.

F. The department shall provide for the proportionate sharing of costs among the department and providers for joint trenching or trench sharing based on the amount of conduit innerduct space that is authorized in the agreement for the trench.

G. If two or more providers are required to share a single trench, each provider in the trench shall share the cost and benefits of the trench pursuant to subsection F of this section on a fair, reasonable, competitively neutral and nondiscriminatory basis.

H. The department, by rule, shall establish a schedule of rates of compensation for any longitudinal access granted under this section.

I. The department may not pay any cost of relocation of a private telecommunication facility granted longitudinal access to the right-of-way of a highway on the interstate system under this section.

J. The department shall deposit, pursuant to sections 35-146 and 35-147, monies collected pursuant to this section in the smart highway corridor trust fund established by section 28-7387.

K. Any telecommunications capacity acquired as in-kind compensation shall be used exclusively for the further development of telecommunications that serve state agencies and enhance connectivity for higher and public education and may not be sold or leased in competition with telecommunication or internet service providers.

L. A person may not use compensation paid to the department pursuant to this section as evidence of the market or other value of the access for any other purpose, including condemnation proceedings, other litigation, the application of rates of taxation or the establishment of franchise fees relating to longitudinal access rights.
A.R.S. § 28-1324 — Arizona Code / Title 28 / Chapter 4 / Article 2 / Section 1324
28-1324 Breath test rules
Status: in_force

28-1324. Breath test rules

The director of the department of public safety shall adopt rules prescribing methods and procedures for the administration of breath tests to determine alcohol concentration. The rules shall include:

1. The approval of quantitative breath testing devices.

2. Procedures for ensuring the accuracy of results obtained from approved breath testing devices.

3. Qualifications for persons who conduct breath tests.

4. Qualifications for persons who instruct others in the operation of breath testing devices.
A.R.S. § 28-7045 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7045
28-7045 Director; state highway and route use; rules
Status: in_force

28-7045. Director; state highway and route use; rules

The director shall exercise complete and exclusive operational control and jurisdiction over the use of state highways and routes and adopt rules regarding the use as the director deems necessary to prevent the abuse and unauthorized use of these highways and routes.
A.R.S. § 28-934 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 934
28-934 Obstructed lights not required
Status: in_force

28-934. Obstructed lights not required

If motor and other vehicles are operated in combination when lights are required, any lamp, except tail lamps, need not be lighted if the lamp would be obscured by another vehicle of the combination by reason of its location on a vehicle of the combination. This section does not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps or that all lights required on the rear of the rearmost vehicle of any combination be lighted.
A.R.S. § 28-875 — Arizona Code / Title 28 / Chapter 3 / Article 13 / Section 875
28-875 Law enforcement exception
Status: in_force

28-875. Law enforcement exception

The stopping, standing or parking restrictions provided in this article do not apply to a police or peace officer when the stopping, standing or parking is for the purpose of actual performance of a law enforcement duty.
A.R.S. § 28-7209 — Arizona Code / Title 28 / Chapter 20 / Article 8 / Section 7209
28-7209 Vacated or abandoned highway; affected jurisdiction; procedure
Status: in_force

28-7209. Vacated or abandoned highway; affected jurisdiction; procedure

A. If the board vacates or abandons a portion of a state route or state highway pursuant to section 28-304, the board shall:

1. Vacate or abandon the portion of the route or highway in cooperation with an affected jurisdiction and in full recognition of the financial and administrative impacts of the changes on the affected jurisdiction.

2. Provide four years' advance notice to the affected jurisdiction, except as provided in paragraph 3 and except that, by mutual agreement, the board and the affected jurisdiction may waive this requirement for notification.

3. Provide at least one hundred twenty days' advance notice to the affected jurisdiction for the abandonment of new street improvements such as cul-de-sacs and reconnections of existing streets resulting from highway projects.

B. Before a paved highway is vacated or abandoned, the pavement before the vacating or abandonment shall be in such a condition that additional surface treatment and major maintenance of the highway are not required for at least five years, unless the board and the affected jurisdiction agree to waive the requirement of this subsection.
A.R.S. § 28-2470.15 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.15
28-2470.15 Ovarian cancer awareness special plates; fund
Status: in_force

28-2470.15. Ovarian cancer awareness special plates; fund

A. If, by December 31, 2025, a person pays $32,000 to the department for the implementation of this section, the department shall issue ovarian cancer awareness special plates. The person that provides the $32,000 shall design the ovarian cancer awareness special plates.  The design and color of the ovarian cancer awareness special plates are subject to the approval of the department. The director may allow a request for ovarian cancer awareness special plates to be combined with a request for personalized special plates.  If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for the ovarian cancer awareness 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 ovarian cancer awareness special plate fund established by this section.

D. The ovarian cancer awareness 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)(3) of the United States internal revenue code for federal income tax purposes.  The entity must:

1. Be a national women's health organization.

2. Have a mission to save lives by fighting to prevent and cure ovarian cancer and to improve the quality of life for survivors.

3. Raise earlier awareness about the signs, symptoms and risk factors of ovarian cancer and educate the public about the power of early detection.

4. Provide resources, services and support so that women with ovarian cancer can live extraordinary lives.

5. Fund the most impactful research initiatives that push forward the study of ovarian cancer detection and treatment.

6. Create nationwide movements that activate communities across the United States to become involved in the battle against ovarian cancer.

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. § 28-5856 — Arizona Code / Title 28 / Chapter 16 / Article 4 / Section 5856
28-5856 Motor vehicle; reduced motor carrier fee; less than full load capacity; civil traffic violation
Status: in_force

28-5856. Motor vehicle; reduced motor carrier fee; less than full load capacity; civil traffic violation

A. The director shall compute a reduced motor carrier fee that is seven-tenths of the full rate for a motor vehicle that weighs more than twenty-six thousand pounds if all of the following apply:

1. The motor carrier has done both of the following:

(a) Applied to the department for reduced fee status.

(b) Given the information required by the director to determine the eligibility of the fleet to be classified under this section.

2. The vehicle begins and ends a qualifying trip at the same point without having added to its load any items other than those listed in section 28-5855, subsection A, paragraph 2.

3. At the midway point in a qualifying trip, the load is less than forty-five per cent of the full load capacity of the vehicle. For purposes of this paragraph, "full load capacity" means the registered gross weight of the vehicle minus the weight of the vehicle without a load.

B. A motor carrier who pays a reduced motor carrier fee pursuant to this section for a motor vehicle shall not operate that motor vehicle in violation of subsection A, paragraph 2 or 3 of this section. A violation of this subsection is a civil traffic violation.
A.R.S. § 28-7944 — Arizona Code / Title 28 / Chapter 23 / Article 2 / Section 7944
28-7944 Junkyards; nuisance; injunction
Status: in_force

28-7944. Junkyards; nuisance; injunction

The establishment, operation or maintenance of a junkyard contrary to this article is a public nuisance, and the governing body responsible for the street or highway on which the junkyard is located or the director, in the case of this state, may apply to the superior court in the county in which the junkyard is located for an injunction to abate the nuisance.
A.R.S. § 28-7561 — Arizona Code / Title 28 / Chapter 21 / Article 2 / Section 7561
28-7561 Bonds payable from transportation excise taxes
Status: in_force

28-7561. Bonds payable from transportation excise taxes

A. The board is designated as the body having sole and exclusive power to authorize and issue bonds or incur long-term obligations payable in whole or in part from monies in a regional area road fund established by chapter 17, article 1 of this title. The board may act for and on behalf of a county that has a regional area road fund established by chapter 17, article 1 of this title to:

1. Issue negotiable bonds payable solely from monies paid into the bond account of the respective regional area road fund in a principal amount that in the opinion of the board is necessary to provide sufficient monies for any lawful purpose for which the respective regional area road fund monies may be spent, to establish reserves to secure the bonds and to provide for the payment of all other expenditures of the board that are incidental, necessary and convenient to carry out these purposes.

2. Issue refunding bonds if the board deems refunding expedient, including refunding any bonds and other obligations issued pursuant to chapter 21 of this title if the proceeds of the bonds and other obligations to be refunded are used for the purposes provided in section 28-6304, subsection C, paragraph 4 or 5, as applicable, whether the bonds and other obligations to be refunded have or have not matured.  Proceeds of the refunding bonds may be used to pay principal, interest or redemption premiums on the refunded bonds and other obligations.

3. Refund any bonds issued by the board and payable from regional area road fund income as authorized in this article by the issuance of refunding bonds, whether the bonds to be refunded have or have not matured. Proceeds of refunding bonds may be used to pay principal, interest or redemption premiums on refunded bonds.

4. Issue bonds partly to refund bonds and other obligations described in paragraphs 2 and 3 of this subsection outstanding and partly for any other purpose consistent with this article.

B. Regardless of whether or not the bonds are of such form or character as to be negotiable instruments under the terms of the uniform commercial code, the bonds are fully negotiable within the meaning and for all purposes of the uniform commercial code.
A.R.S. § 28-506 — Arizona Code / Title 28 / Chapter 2 / Article 7 / Section 506
28-506 Long-range statewide transportation plan; division duties
Status: in_force

28-506. Long-range statewide transportation plan; division duties

A. The division shall prepare for presentation to the board a long-range statewide transportation plan.  The division shall develop the plan under the board's direction in accordance with the following:

1. The plan shall include all anticipated critical statewide highway system needs for the next twenty years.

2. The plan shall be developed using the planning practices and the performance based planning processes adopted by the board pursuant to section 28-304.

3. To the extent practicable, the plan shall reflect local general land use plans and county comprehensive land use plans.

4. In developing the plan, the division shall consider any information developed as a result of federally mandated planning processes.

5. The plan shall be developed in addition to any federally mandated planning requirements.

6. The division shall develop the plan every five years for review and approval by the board as required by section 28-307.

7. All dollar amounts in the plan shall be expressed in constant dollars denominated in the year of adoption by the board.

8. The division shall annually identify any projects or services that should be considered for inclusion in the next plan.

B. The plan shall include:

1. All projects included in the plan adopted pursuant to section 28-307 and all projects included in the five year transportation facilities construction program developed pursuant to section 28-6951. These projects shall be specifically identified pursuant to subsections C and D of this section.

2. In addition to the projects identified in paragraph 1 of this subsection, lump sum cost estimates for all other components of the statewide highway system pursuant to subsection E of this section.

C. For each statewide transportation project included in the plan, the division shall determine and include in the plan the following:

1. A detailed description of the project, including the location of the project.

2. Estimates of any revenues directly attributable to the project, including passenger charges, tolls and user charges.

3. The anticipated performance outcomes associated with the project.

D. For each transportation capital project included in the plan, the division shall determine separately the cost estimates for each of the following:

1. Right-of-way acquisition and preparation.

2. Project design, planning and engineering.

3. Project construction.

4. Any other related project costs.

E. The division shall develop and include in the plan separate cost estimates for the following:

1. Optimal long-term system preservation of each major transportation system component.

2. Appropriate comprehensive system management.

3. Appropriate system maintenance and operations.

F. To the extent the division is not able to determine any information required in subsection C or D of this section, the division shall develop a reasonable estimate in lieu of the actual information.

G. The division shall develop an estimate of projected revenues for the twenty year period of the plan based on:

1. Existing and enacted future revenue rates and schedules.

2. Reasonable expected future changes in revenue rates and schedules.

H. If the revenues estimated pursuant to subsection G, paragraph 1 or 2 of this section are less than the estimated cost of the plan, the division shall identify the specific portions of the plan that could be completed with the revenues estimated pursuant to subsection G, paragraphs 1 and 2 of this section.

I. For the plan, and the portions of the plan determined pursuant to subsection H of this section, the division shall identify the years in which projects in the plan would likely be initiated and completed.

J. The division shall estimate the anticipated performance outcomes of:

1. The plan as developed by the division.

2. The portion of the plan that could be completed with the revenue estimate determined pursuant to subsection G, paragraph 1 of this section.

3. The portion of the plan that could be completed with the revenue estimate determined pursuant to subsection G, paragraph 2 of this section.

K. The division shall maintain information developed concerning the projects and costs identified in the course of developing the plan in a geographically oriented database established and maintained in accordance with section 28-507.
A.R.S. § 28-2464 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2464
28-2464 Share the road special plates; fund
Status: in_force

28-2464. Share the road special plates; fund

A. If, by December 31, 2019, a person pays $32,000 to the department for the implementation of this section, the department shall issue share the road special plates. The person that provides the $32,000 shall design the share the road special plates.  The design and color of the share the road special plates are subject to the approval of the department.  The director may allow a request for share the road 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 share the road 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 share the road special plate fund established by this section.

D. The share the road 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, as follows:

1. Fifty percent to a charitable organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that meets both of the following:

(a) Is headquartered in this state.

(b) Promotes safety and awareness in the cycling community.

2. Fifty percent to a charitable organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that meets both of the following:

(a) Is headquartered in this state.

(b) Offers the opportunity for a person to use a loaner bicycle if the person is registered in a charity cycling event and is not able to afford to purchase a bicycle.

F. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-778 — Arizona Code / Title 28 / Chapter 3 / Article 9 / Section 778
28-778 Roundabouts; large trucks; definitions
Status: in_force

28-778. Roundabouts; large trucks; definitions

A. The operator of a vehicle or combination of vehicles with a total length of a least forty feet or a total width of at least ten feet, with due regard for all other traffic, may deviate from the lane in which the operator is driving to the extent necessary to approach and drive through a roundabout.

B. When approaching or driving through a roundabout, a person who is driving a vehicle shall yield the right-of-way to the operator who is driving a vehicle or combination of vehicles with a total length of at least forty feet or a total width of at least ten feet through the roundabout at the same time or so closely in time as to present an immediate hazard and shall slow down or stop if necessary to yield.  This subsection does not require a person who is driving a vehicle through a roundabout to yield the right-of-way to the operator of a vehicle or combination of vehicles with a total length of at least forty feet or a total width of at least ten feet that is approaching the roundabout.

C. If two vehicles or combination of vehicles each having a total length of at least forty feet or a total width of at least ten feet approach or drive through a roundabout at the same time or so closely in time as to present an immediate hazard, the driver on the right shall yield the right-of-way to the driver on the left and shall slow down or stop if necessary to yield.

D. The director or local jurisdiction, on highways under the applicable jurisdiction, shall post signs at all roundabouts, whether constructed before, on or after October 30, 2023.  The signs shall include both of the following:

1. A yield sign before the roundabout entrance.

2. A sign, as outlined in subsection E of this section, before the roundabout entrance.

E. The department shall:

1. Design a uniform and standard sign to convey the information that large trucks have the right-of-way or that vehicles should yield to large trucks in a roundabout.

2. Develop a uniform standard by which the sign is to be displayed along with the standard yield sign.

F. For the purposes of this section:

1. "Collector street" means a street that serves or is intended to serve as the principal traffic way between large and separated areas or districts and that is the main means of access between arterial streets or as otherwise defined in a local jurisdiction's transportation plan.

2. "Local road" means a street that is usually in a residential area and that provides connectivity between a collector street and an arterial street for local traffic or as otherwise defined in a local jurisdiction's transportation plan.

3. "Roundabout":

(a) Means a circular intersection or junction in which road traffic flows almost continuously in one direction around a central island.

(b) For the purposes of subsection D of this section, does not include an intersection or junction that is located on a local road or a collector street.
A.R.S. § 28-7099 — Arizona Code / Title 28 / Chapter 20 / Article 6 / Section 7099
28-7099 Property repurchase; right of first refusal
Status: in_force

28-7099. Property repurchase; right of first refusal

A. If property is acquired for transportation purposes by agreement of the parties before the filing of a condemnation action or by stipulation before judgment in the condemnation action, the deed transferring the property shall provide the original owner or the original owner's heirs with a right of first refusal to acquire the property if the director determines that the property is not needed or used for transportation purposes at a purchase price equal to the current market value of the property.

B. The right of first refusal expires on the earlier of eight years after the date of recording the deed to the property from the original owner or sixty days after the director's determination that the property is not needed or used for transportation purposes.  If a deed transferring the property was executed before the effective date of this amendment to this section and provides for the right of repurchase, the right of repurchase expires on the earlier of eight years after the date of recording the deed to the property from the original owner or ninety days after the director's determination that the property is not needed or used for transportation purposes. An original owner or an original owner's heir who has a right to repurchase may elect to use either the right to repurchase or the right of first refusal.

C. If the director determines that the property is not needed or used for transportation purposes, if the deed transferring the property contains a right of first refusal provision and if the right of first refusal has not expired, the director shall offer the property to the original owner or the original owner's heirs at a price determined pursuant to this section. If the original owner or the original owner's heirs accept the offer within sixty days after the director determines that the property is no longer needed or used for transportation purposes, the director shall issue a quitclaim deed to the property on payment of the price. A quitclaim deed issued under this section or any deed or other document evidencing abandonment or sale by the director creates a presumption of compliance with the requirements of this section relating to the right of first refusal of the original owner or the original owner's heirs and is conclusive evidence of meeting the requirements of this section in favor of purchasers and encumbrancers for value and without actual notice. Knowledge of the grantor shall not be imputed to the grantee.
A.R.S. § 28-1441 — Arizona Code / Title 28 / Chapter 4 / Article 4 / Section 1441
28-1441 Driving under the influence; records
Status: in_force

28-1441. Driving under the influence; records

A. The court shall maintain and make accessible to the general public all records regarding the disposition of cases in which a person is charged with a violation of section 28-1381, 28-1382 or 28-1383.  The court shall include in these records an explanation of its reasons for accepting any plea agreement or dismissing any charge of a violation of section 28-1381, 28-1382 or 28-1383.

B. As determined to be necessary by the director, the department shall maintain and make accessible to ignition interlock service providers limited motor vehicle and driver records information for the purpose of determining the eligibility of a person requesting installation of a certified ignition interlock device.  The department shall not charge a fee for providing this information to the ignition interlock service provider.
A.R.S. § 28-3472 — Arizona Code / Title 28 / Chapter 8 / Article 8 / Section 3472
28-3472 Renting or leasing motor vehicle; restrictions
Status: in_force

28-3472. Renting or leasing motor vehicle; restrictions

A. A person shall not rent or lease a motor vehicle to another person unless either:

1. The other person is licensed to operate the vehicle under this chapter.

2. If the other person is a nonresident, the other person is licensed under the laws of the state or country of the other person's residence or the state or country of the nonresident does not require a driver to be licensed.

B. A person shall not rent or lease a motor vehicle to another person until the person inspects the driver license of the other person and compares and verifies the signature on the license with the signature of the other person that is written in the person's presence.

C. A person who rents or leases a motor vehicle to another person shall keep a record of the registration number of the rented or leased motor vehicle, the name and address of the other person, the number of the license of the other person and the date and place the license was issued. The person who rents or leases a motor vehicle shall allow a police officer or employee of the department to inspect the record.

D. A person shall not rent or lease a motorcycle or motor driven cycle to a person unless the operator is equipped with protective headgear and face gear as required in section 28-964.
A.R.S. § 28-7093 — Arizona Code / Title 28 / Chapter 20 / Article 6 / Section 7093
28-7093 Eminent domain
Status: in_force

28-7093. Eminent domain

A. This state may exercise the right of eminent domain for transportation purposes, and the court in which the action is pending shall give the action precedence over other civil actions.

B. If property that is devoted to or held for some public use other than existing street, highway or airport uses for which the power of eminent domain might be exercised is to be taken for such transportation purposes and if the person or agency in charge of the public use consents, the director may purchase or exercise the right of eminent domain to acquire real property or an interest in the property to be exchanged with the person or agency for the real property that is to be taken for transportation purposes.

C. This article does not limit the authorization to the department to acquire, other than by exchange, property for these purposes or to acquire directly by condemnation, purchase or otherwise, without such exchange, property held for some other public use by any lawful means provided in section 28-7092.
A.R.S. § 28-7041 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7041
28-7041 State highways and routes defined
Status: in_force

28-7041. State highways and routes defined

A. The state highways, to be known as state routes, consist of the highways declared before August 12, 1927 to be state highways, under authority of law, that the board, after receipt of a recommendation from the director, may add to, abandon or change. If the board proceeds contrary to the recommendations of the director, it shall file a written report with the governor stating the reasons for the action.

B. The state highways consist of the parts of the state routes designated and accepted as state highways by the board. A highway that has not been designated as a state route shall not become a state highway and any portion of a state route shall not become a state highway until it has been specifically designated and accepted by the board as a state highway and ordered to be constructed and improved.

C. All highways, roads or streets that have been constructed, laid out, opened, established or maintained for ten years or more by the state or an agency or political subdivision of the state before January 1, 1960 and that have been used continuously by the public as thoroughfares for free travel and passage for ten years or more are declared public highways, regardless of an error, defect or omission in the proceeding or failure to act to establish those highways, roads or streets or in recording the proceedings.
A.R.S. § 28-756 — Arizona Code / Title 28 / Chapter 3 / Article 8 / Section 756
28-756 Method of giving hand and arm signals
Status: in_force

28-756. Method of giving hand and arm signals

A. Except as provided by subsection B, a person shall give all hand and arm signals required by this article from the left side of the vehicle in the following manner, and the signals shall indicate as follows:

1. Left turn. Hand and arm extended horizontally.

2. Right turn. Hand and arm extended upward.

3. Stop or decrease speed. Hand and arm extended downward.

B. A person operating a bicycle may give a right turn signal by extending the right hand and arm horizontally to the right side of the bicycle.
A.R.S. § 28-4492 — Arizona Code / Title 28 / Chapter 10 / Article 6 / Section 4492
28-4492 Appeal
Status: in_force

28-4492. Appeal

Decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 28-2472 — Arizona Code / Title 28 / Chapter 7 / Article 13 / Section 2472
28-2472 Congressional medal of honor license plates
Status: in_force

28-2472. Congressional medal of honor license plates

The department shall issue at no additional cost distinctive license plates to a person who submits proof to the department that the person is a recipient of the congressional medal of honor.
A.R.S. § 28-854 — Arizona Code / Title 28 / Chapter 3 / Article 12 / Section 854
28-854 Railroad grade crossing; moving heavy equipment; exception; definition
Status: in_force

28-854. Railroad grade crossing; moving heavy equipment; exception; definition

A. A person shall not operate or move any heavy equipment on or across a track at a railroad grade crossing unless:

1. Notice of the intended crossing is given to a station agent of the railroad.

2. Before making the crossing, the person operating or moving the vehicle or heavy equipment:

(a) Stops the vehicle or equipment at least fifteen feet but not more than fifty feet from the nearest rail of the railroad.

(b) While stopped, listens and looks in both directions along the track for an approaching railroad train or other on-track equipment and for signals indicating an approaching railroad train or other on-track equipment.

3. Does not proceed until the crossing can be made safely.

B. A person shall not make a crossing pursuant to subsection A of this section when a warning is given by automatic signal, crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car or other on-track equipment. If a flagman is provided by the railroad, movement over the crossing shall be under the flagman's direction.

C. This section does not apply to the normal movement of farm equipment in the regular course of a farm operation.

D. For the purposes of this section, "heavy equipment" means any crawler type tractor, steam shovel, derrick, roller or other equipment or structure having a normal operating speed of ten miles per hour or less or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches measured above the level surface of a roadway.
A.R.S. § 28-5630 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5630
28-5630 License; assignability; display; duplicates
Status: in_force

28-5630. License; assignability; display; duplicates

A. A license issued to a supplier under section 28-5629:

1. Is not assignable.

2. Is valid only for the supplier in whose name it is issued.

3. Shall be displayed conspicuously in the principal place of business of the supplier in this state.

B. A licensee shall obtain a duplicate license for each established branch office or location for a fee of five dollars and shall display the duplicate license in the same manner as the original license displayed in the licensee's principal place of business.
A.R.S. § 28-5943 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5943
28-5943 Transfer of vehicle subject to lien
Status: in_force

28-5943. Transfer of vehicle subject to lien

A. If ownership of a motor vehicle that is subject to the lien provided by section 28-5939 is transferred by operation of law or otherwise, a certificate of registration or certificate of title with respect to that vehicle shall not be issued to the transferee or any other person until the director certifies that the lien has been removed.

B. A license under chapter 7 of this title with respect to a motor vehicle that becomes subject to the lien provided for by section 28-5939 shall not be issued or transferred until the director certifies that the lien has been removed.
A.R.S. § 28-2294 — Arizona Code / Title 28 / Chapter 7 / Article 9 / Section 2294
28-2294 Nonresident daily commuter; identification card; fee
Status: in_force

28-2294. Nonresident daily commuter; identification card; fee

(L18, Ch. 260, sec. 13)

A. On application and completion of the form prescribed by section 28-2293, the department shall provide a nonresident daily commuter with an identification card that is valid for two years.

B. A motor vehicle is exempt from registration by this state if the following conditions are met:

1. The motor vehicle is operated pursuant to subsection A of this section and otherwise in accordance with this article.

2. The motor vehicle is a passenger vehicle or an unladen truck.

3. The motor vehicle is licensed in a contiguous state and is used to commute into this state to a destination within a corridor in this state that parallels the border between this state and the contiguous state and that extends not more than thirty-five air miles into this state from the border at any point.

C. The privilege accorded by subsection A of this section is revoked if the motor vehicle is operated for commuter purposes beyond the thirty-five mile corridor.

D. The department may charge a fee of not more than eight dollars for each motor vehicle exempt from registration pursuant to this section, as necessary, to recover the costs of administering this article.
A.R.S. § 28-648 — Arizona Code / Title 28 / Chapter 3 / Article 3 / Section 648
28-648 Display of unauthorized signs, signals or markings
Status: in_force

28-648. Display of unauthorized signs, signals or markings

A. A person shall not place, maintain or display on or in view of a highway an unauthorized sign, signal, marking or device that either:

1. Purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal.

2. Attempts to direct the movement of traffic.

3. Hides from view or interferes with the effectiveness of an official traffic control device or a railroad sign or signal.

B. A person shall not place or maintain and a public authority shall not permit on a highway a traffic sign or signal bearing any commercial advertising.

C. This section does not prohibit the erection on private property adjacent to highways of a sign giving useful directional information if the sign cannot be mistaken for an official sign.

D. A sign, signal or marking prohibited by this section is a public nuisance, and the authority having jurisdiction over the highway may remove it or cause it to be removed without notice.
A.R.S. § 28-2404 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2404
28-2404 Special organization license plates
Status: in_force

28-2404. Special organization license plates

A. Special organization license plates authorized before September 30, 2009 remain valid license plates issued by this state unless the legislature enacts legislation specifically terminating those license plates.

B. The department shall issue special organization license plates authorized before September 30, 2009 to initial applicants or applicants requesting a duplicate, replacement or new license plate.

C. The director shall allow a request for a special organization license plate authorized before September 30, 2009 to be combined with a request for personalized special plates if the organization makes the request and pays the department the monies necessary as determined by the department to cover the department's costs to implement the 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 organization special license plate.

D. An organization that receives authorization for a special organization license plate before September 30, 2009 may redesign the special organization license plate if the new design is approved by the department and the organization pays thirty-two thousand dollars to the department to issue the redesigned special organization license plate.

E. 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.

F. 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 distribute all donations collected pursuant to this section as authorized in a written resolution of the entity that provides the thirty-two thousand dollars to the department pursuant to subsection D of this section.  The entity must use the donations for the same purpose as originally approved.

G. The department shall issue special organization license plates authorized before September 30, 2009 to applicants who are otherwise qualified by law for the license plates and who are not members of the organization if the department receives a written resolution from the organization requesting issuance to nonmembers.
A.R.S. § 28-9143 — Arizona Code / Title 28 / Chapter 26 / Article 3 / Section 9143
28-9143 Annual budget
Status: in_force

28-9143. Annual budget

A. No later than June 30 of each year the board of directors shall hold a public hearing to adopt and submit to the county board of supervisors and the governing body of each participating municipality and university a budget for the following fiscal year that includes:

1. Receipts during the past fiscal year.

2. Expenditures during the past fiscal year.

3. Estimates of amounts necessary for expenses during the following fiscal year including amounts proposed for:

(a) Costs of maintaining, operating and managing the public transportation system.

(b) Promotional and marketing expenses of the authority for the following year.

4. Anticipated revenue to the authority in the following fiscal year.

5. A complete asset and liability statement.

6. A statement of profit or loss from operations.

7. Cash on hand as of the date the budget is adopted and the anticipated balance at the end of the current fiscal year.

8. An itemized statement of commitments, reserves and anticipated obligations for the following fiscal year.

B. The board may amend the budget on a finding of good cause.
A.R.S. § 28-369 — Arizona Code / Title 28 / Chapter 2 / Article 3 / Section 369
28-369 Law enforcement powers; ports of entry; violation; classification
Status: in_force

28-369. Law enforcement powers; ports of entry; violation; classification

A. The director and officers, agents and employees of the department or local or state law enforcement agencies the director designates are peace officers. The director may designate:

1. Regular peace officers with like authority of other peace officers of this state or cities and towns of this state.

2. Specialty peace officers whose powers are limited to the enforcement of motor vehicle laws and rules.

B. The director and designated officers, agents and employees may exercise the powers prescribed in subsection A of this section throughout this state.

C. A regular peace officer designated pursuant to subsection A, paragraph 1 of this section:

1. Shall meet the minimum qualifications established for peace officers pursuant to section 41-1822.

2. Except as provided in title 38, chapter 5, article 4, is not eligible to participate in the public safety personnel retirement system.

D. A peace officer who is designated by the department pursuant to subsection A of this section:

1. Has the primary duties of protecting this state's transportation infrastructure and promoting road safety through the enforcement of state and federal commercial motor carrier laws and rules and of conducting vehicle inspections and investigations of fraud, abuse and misconduct pursuant to state law.

2. May not enforce a violation of chapter 3, articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of this title if the violation is committed by the operator of a noncommercial motor vehicle unless the peace officer determines that a failure to enforce the violation could result in a substantial risk of imminent death or serious physical injury.

E. This section does not preempt the authority and jurisdiction of established agencies and political subdivisions of this state.

F. A mobile port of entry may be operated only within twenty-five road miles of a fixed port of entry in this state unless state or municipal law enforcement agencies request assistance for commercial motor vehicle enforcement to streamline operations or combine enforcement resources for compliance, education or training or to ensure safe, secure and efficient commercial transportation across this state.

G. A peace officer as defined in section 41-1701 or a peace officer designated pursuant to subsection A of this section may require a vehicle that is subject to the fee in section 28-5433 or the requirements of sections 28-2321, 28-2322, 28-2323 and 28-2324 to stop at a port of entry in this state for the purpose of enforcing a motor vehicle law prescribed in this title. A person who fails to stop as required by this subsection is guilty of a class 1 misdemeanor.
A.R.S. § 28-2060 — Arizona Code / Title 28 / Chapter 7 / Article 2 / Section 2060
28-2060 Transfer of ownership by operation of law
Status: in_force

28-2060. Transfer of ownership by operation of law

A. Except as provided in subsection F of this section, when the title or interest of an owner of a registered vehicle passes to another other than by voluntary transfer, the transferee shall obtain a transfer of registration within thirty days after the passing of the title or interest.

B. Within thirty days after passing of the title or interest of an owner of a registered or unregistered vehicle, the transferee of the vehicle shall obtain a new certificate of title on proper application and presentation of the last certificate of title, if available, and such instruments or documents of authority or certified copies of the instruments or documents that are sufficient or required by law to evidence or effect a transfer of title or interest in or to chattels that pass to another other than by voluntary transfer.

C. If a motor vehicle has been forfeited to the federal government and is sold at public auction pursuant to federal law, the purchaser at the sale takes title free of any liens or encumbrances if federal law so provides. If a motor vehicle has been forfeited to any local or state government entity, agency or political subdivision or to any federal law enforcement agency after the disposition of all claims under the laws of this state, the order of the court forfeiting the vehicle shall transfer good and sufficient title to the transferee and to any subsequent purchaser or transferee. The purchaser or transferee shall register the motor vehicle within thirty days after the sale or transfer, and the department shall issue a certificate of title to the purchaser or transferee on presentation of the evidence of title without any reference to liens or encumbrances.

D. The transferee of a vehicle required to have a certificate of title and be registered under section 28-2153 or a mobile home required to have a certificate of title under section 28-2063 may obtain a transfer of registration to the transferee and a new certificate of title if both of the following occur:

1. The title or interest of the owner of the vehicle passes to another either:

(a) Through notice and sale under the conditions contained in any security agreement, chattel mortgage, conditional sale or other evidence of lien or under the authority given by statute in cases arising under sections 33-1021 and 33-1022 or under section 33-1704.

(b) For a mobile home the lien on which is also a lien on real property, through a contract for conveyance of real property, deed of trust or mortgage.

2. Satisfactory evidence is presented to the director that the sale of the vehicle was fairly and lawfully conducted in conformity with all requirements of law after due notice to the former owner. In cases arising under section 33-1704, a declaration that is signed by both the seller and the buyer and that sets forth compliance with section 33-1704 constitutes satisfactory evidence, and the director may rely on that declaration.

E. Any administrator, executor, trustee or other representative of the owner, a peace officer or a person repossessing a vehicle under the terms of any conditional sales contract, lease, chattel mortgage or other security agreement or a purchaser at a sale foreclosing a lien, or the assignee or legal representative of any such person, may operate a vehicle from the place of repossession or place where it was formerly kept to a garage or place of storage in the county or state where the contract was recorded or where the person repossessing the vehicle resides or to any other garage or place of storage that is not more than seventy-five miles from the place of repossession or place where the vehicle was formerly kept by the owner if either of the following conditions exists:

1. The license plates assigned to the vehicle are displayed on the vehicle.

2. If license plates are not displayed, a written permit has been obtained from the department or the local authorities having jurisdiction over the highways and a placard that bears the name and address of the person authorizing the movement and that is legible from a distance of one hundred feet during daylight is displayed in plain sight on the vehicle.

F. If ownership of a motor vehicle for which a certificate of title has been issued in this state or another state reverts through operation of state law to a lienholder of record through repossession pursuant to the terms of a security agreement or through another similar instrument that is valid in such state, a repossession affidavit by the lienholder of record in this state or another state stating that the vehicle was repossessed on default of the terms stated in the security agreement or similar instrument is proof of ownership, right of possession and right of transfer by the lienholder of record. If the lienholder of record is licensed in this state as a financial institution as defined in section 28-4301, the lienholder of record shall electronically submit the repossession affidavit to the department.  The director shall prescribe the form and content of the Arizona repossession affidavit.  This state and its agencies, employees and agents are not liable for relying in good faith on the content of the repossession affidavit.
A.R.S. § 28-2201 — Arizona Code / Title 28 / Chapter 7 / Article 6 / Section 2201
28-2201 Definition of fleet
Status: in_force

28-2201. Definition of fleet

In this article, unless the context otherwise requires, "fleet" means two or more vehicles owned by a person and registered in this state.
A.R.S. § 28-903 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 903
28-903 Operation of motorcycle on laned roadway; exceptions
Status: in_force

28-903. Operation of motorcycle on laned roadway; exceptions

A. All motorcycles are entitled to the full use of a lane. A person shall not drive a motor vehicle in such a manner as to deprive any motorcycle of the full use of a lane. This subsection does not apply to motorcycles operated two abreast in a single lane.

B. Except as provided in subsection F of this section, the operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

C. Except as provided in subsection F of this section, a person shall not operate a motorcycle between the lanes of traffic or between adjacent rows of vehicles.

D. A person shall not operate a motorcycle more than two abreast in a single lane.

E. Subsections B and C of this section do not apply to peace officers in the performance of their official duties.

F. The operator of a two-wheeled motorcycle may overtake and pass another vehicle that is stopped in the same direction of travel and in the same lane as the operator and may operate the motorcycle between lanes of traffic if the movement may be made safely and if the operator does both of the following:

1. Operates the motorcycle on a street that both:

(a) Is divided into at least two adjacent traffic lanes in the same direction of travel.

(b) Has a speed limit that does not exceed forty-five miles per hour.

2. Travels at a speed that does not exceed fifteen miles per hour.
A.R.S. § 28-2424 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2424
28-2424 Golden rule special plates
Status: in_force

28-2424. Golden rule special plates

A. The department shall issue golden rule special plates.  The incorporated nonprofit corporation that provided the thirty-two thousand dollars for implementation of this section shall design the golden rule special plates.  The design and color of the golden rule special plates are subject to the approval of the department.  The director may allow a request for golden rule 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 golden rule 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 golden rule special plate fund established by section 15-243.
A.R.S. § 28-4455 — Arizona Code / Title 28 / Chapter 10 / Article 5 / Section 4455
28-4455 Determination of standing; failure to object
Status: in_force

28-4455. Determination of standing; failure to object

A. If the director intends to determine that the objector has established both of the reasons prescribed by section 28-4454, subsection B, the director shall notify the franchisor and allow the franchisor to submit evidence in rebuttal before the director makes a final determination. The director's determination is only for the purpose of establishing standing to object to the establishment of the new motor vehicle dealer franchise.

B. If no objection is filed within fifteen days from the date the notice was received by the person or if the objector fails to establish both of the reasons pursuant to section 28-4454, subsection B, the director shall approve the notice.
A.R.S. § 28-7566 — Arizona Code / Title 28 / Chapter 21 / Article 2 / Section 7566
28-7566 Bond purchase
Status: in_force

28-7566. Bond purchase

The board may purchase bonds authorized by this article out of any monies available, and these bonds may then be canceled, at a price of not more than either of the following:

1. If the bonds are then redeemable, the price then applicable plus accrued interest to the next interest payment date on the bonds.

2. If the bonds are not then redeemable, the redemption price applicable on the first date after the purchase on which the bonds become subject to redemption plus accrued interest to that date.
A.R.S. § 28-2467 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2467
28-2467 Community services special plates; fund
Status: in_force

28-2467. Community services special plates; fund

A. If, by December 31, 2019, a person pays $32,000 to the department for the implementation of this section, the department shall issue community services special plates.  The person that provides the $32,000 shall design the community services special plates.  The design and color of the community services special plates are subject to the approval of the department. The director may allow a request for community services special plates to be combined with a request for personalized special plates. If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for the community services special plates.

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

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

D. The community services 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 a charitable organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that meets all of the following:

1. Is located in an incorporated community with a population of less than five hundred persons and an elevation of at least seven thousand feet and that is located in a county with a population of more than five hundred thousand persons and less than one million five hundred thousand persons.

2. Promotes economic development and business cooperation with the county and other governmental organizations.

3. Solicits and administers grants to improve public facilities.

4. Sponsors, hosts or organizes events and educational activities that promote tourism and fire prevention.

F. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-7945 — Arizona Code / Title 28 / Chapter 23 / Article 2 / Section 7945
28-7945 Construction of article
Status: in_force

28-7945. Construction of article

This article does not affect the provisions of any lawful ordinance or regulation that is more restrictive than this article.
A.R.S. § 28-2470.02 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.02
28-2470.02 Congenital heart defect special plates
Status: in_force

28-2470.02. Congenital heart defect special plates

A. If, by December 31, 2022, a person pays $32,000 to the department for the implementation of this section, the department shall issue congenital heart defect special plates. The person that provides the $32,000 shall design the congenital heart defect special plates. The design and color of the congenital heart defect special plates are subject to the approval of the department.  The director may allow a request for congenital heart defect 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 congenital heart defect 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 congenital heart defect special plate fund established by section 36-123.03.
A.R.S. § 28-4002 — Arizona Code / Title 28 / Chapter 9 / Article 1 / Section 4002
28-4002 Director; duties
Status: in_force

28-4002. Director; duties

The director shall:

1. Administer and enforce this chapter.

2. Print for distribution to the public rules adopted to administer this chapter and furnish the rules to a person on application and payment of the cost as prescribed by the director.
A.R.S. § 28-7046 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7046
28-7046 Opening, altering or vacating highway; review of order
Status: in_force

28-7046. Opening, altering or vacating highway; review of order

A. If the director or the board desires to establish, open, relocate, alter, vacate or abandon a state highway or a portion of a state highway, the director shall make and deliver a written report to the board describing the highway or portion of the highway to be affected. If the board decides that the public convenience will be served, it shall enter a resolution on its minutes approving the proposed action and authorizing the director to proceed and to acquire any property for the action by condemnation or otherwise.

B. The superior court may review by certiorari the action of the board establishing, opening, relocating, altering, vacating or abandoning state highways.
A.R.S. § 28-4845 — Arizona Code / Title 28 / Chapter 11 / Article 2 / Section 4845
28-4845 Stolen and recovered vehicles; record and report; distribution
Status: in_force

28-4845. Stolen and recovered vehicles; record and report; distribution

A. The director of the department of public safety shall maintain a record of stolen and recovered vehicles. On request by any law enforcement agency of this state or of any political subdivision of this state, the director of the department of public safety shall provide the requesting agency with information in the record. On receipt by the director of the department of public safety, the information shall be forwarded to the appropriate agency of the federal government.

B. Each law enforcement agency of this state or any political subdivision of this state authorized to accept stolen vehicle reports shall provide all information in the report to the director of the department of public safety immediately on receipt of the report.
A.R.S. § 28-5237 — Arizona Code / Title 28 / Chapter 14 / Article 2 / Section 5237
28-5237 Noncompliance; hearing; suspension of registration or license; civil penalty
Status: in_force

28-5237. Noncompliance; hearing; suspension of registration or license; civil penalty

A. The director may conduct a hearing if a law enforcement agency authorized to enforce this chapter alleges that probable cause exists that a manufacturer, shipper, motor carrier or driver refuses to comply with section 28-5231 or has failed to comply with this chapter or a rule adopted pursuant to this chapter.

B. If after reviewing the allegations the director determines that probable cause exists to believe that the manufacturer, shipper, motor carrier or driver is responsible, the director shall issue an order to show cause why the director should not impose any of the following:

1. A suspension of the registrations of any motor vehicles owned or leased by the manufacturer, shipper or motor carrier.

2. A suspension of the driver license or nonresident operating privilege of a driver.

3. A civil penalty on the manufacturer, shipper, motor carrier or driver.

C. The manufacturer, shipper, motor carrier or driver shall respond to the order at a hearing held not more than sixty days after service of written notice. The director shall send the notice by certified mail to the address provided to the department in the agency's report alleging the noncompliance.

D. A finding of responsibility requires that all of the following conditions exist, and the hearing is limited to the following:

1. The respondent refuses to comply with the requirements of section 28-5231 or failed to comply with any other provision of this chapter or a rule adopted pursuant to this chapter.

2. The respondent ordered to appear at the hearing is responsible for the noncompliance and is responsible under this chapter or a rule adopted pursuant to this chapter to effect compliance or to remedy the noncompliance.

3. The law enforcement agency submitting the report served written notice on the respondent that noncompliance exists.

4. A reasonable period of time of at least ten but not more than thirty days has been provided to attain compliance.

5. The department of public safety or the department of transportation performed a follow-up inspection or audit.

6. The inspection or audit shows that compliance was not subsequently attained.

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

1. Impose a civil penalty as prescribed in section 28-5238.

2. Suspend the registrations of any motor vehicles owned or leased by the manufacturer, shipper or motor carrier or suspend the driver license or nonresident operating privilege of a driver.

F. If the manufacturer, motor carrier, shipper or driver fails to appear for a hearing, in addition to any other remedies provided by law, the director shall suspend the registrations of any motor vehicles owned and leased by the manufacturer, shipper or motor carrier or the driver license or the nonresident operating privilege of the driver. The director shall not remove the suspension until the manufacturer, motor carrier, shipper or driver appears for the hearing and all fees required to reinstate vehicle registration or driving privileges prescribed by statute are paid.
A.R.S. § 28-8416 — Arizona Code / Title 28 / Chapter 25 / Article 6 / Section 8416
28-8416 Private property acquisition; airport purposes
Status: in_force

28-8416. Private property acquisition; airport purposes

A. A city, town or county that acquires private property for an airport shall acquire the property by purchase, if the city, town or county can agree with the owner on the terms of purchase.

B. If unable to agree, the city, town or county may acquire the property by condemnation in the manner provided by law authorizing cities, towns and counties to acquire real property for public purposes other than street purposes, or if there is no such law, the city, town or county may acquire the property in the manner provided by general law for condemnation of private property.
A.R.S. § 28-723 — Arizona Code / Title 28 / Chapter 3 / Article 7 / Section 723
28-723 Overtaking a vehicle on the left
Status: in_force

28-723. Overtaking a vehicle on the left

The following rules govern the overtaking and passing of vehicles proceeding in the same direction:

1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.  Except as provided in section 28-903, the driver may overtake and pass a golf cart or neighborhood electric vehicle pursuant to this paragraph even if the driver's vehicle shares a lane with the golf cart or neighborhood electric vehicle when the overtaking and passing occur.

2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal or blinking of head lamps at nighttime and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.
A.R.S. § 28-5931 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5931
28-5931 Definitions
Status: in_force

28-5931. Definitions

In this article, unless the context otherwise requires:

1. "Confidential information":

(a) Includes:

(i) Reports and other statements filed with the director concerning the taxes, fees, penalties and interest imposed by this chapter.

(ii) Applications for a license required under this chapter.

(iii) Information discovered pursuant to this chapter concerning a person's business affairs, operation, taxes, fees and receipts by the director whether or not by compulsory process.

(iv) Information relating to taxes obtained from the department of revenue.

(v) Information supplied at the special request of the director by a taxpayer that the taxpayer requests to be held in confidence.

(b) Does not include information that is otherwise a public record.

2. "Levy" includes the power of distraint and seizure by any means.

3. "Tax" means any tax, fee, penalty or interest imposed by this title.

4. "Tax administration" includes the levy and assessment, collection, investigation, litigation, statistical gathering, enforcement, policymaking and management functions of the director in connection with this chapter.

5. "Taxpayer" means a person liable for a tax.
A.R.S. § 28-9504 — Arizona Code / Title 28 / Chapter 30 / Article 1 / Section 9504
28-9504 Fees to general fund
Status: in_force

28-9504. Fees to general fund

The director shall deposit, pursuant to sections 35-146 and 35-147, all fees collected pursuant to this chapter in the state general fund.
A.R.S. § 28-2470.35 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.35
28-2470.35 Kidney disease awareness special plates; fund
Status: in_force

28-2470.35. Kidney disease awareness special plates; fund

A. If, by December 31, 2025, a person pays $32,000 to the department for the implementation of this section, the department shall issue kidney disease awareness special plates. The person that provides the $32,000 shall design the kidney disease awareness special plates. The design and color of the kidney disease awareness special plates are subject to approval of the department. The director may allow a request for kidney disease awareness special plates to be combined with a request for personalized special plates. If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for the kidney disease awareness special plates.

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

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

D. The kidney disease awareness 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 entity that paid the implementation fee to the department pursuant to subsection A of this section. Not more than ten percent of the monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.

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

1. Be a major voluntary health agency seeking solutions for kidney and urinary tract diseases through education, prevention and treatment.

2. Be committed to improving the quality of life for those with kidney failure, including persons on dialysis and transplant recipients.

3. Provide community education about kidney health and the prevention of chronic kidney disease.

4. Advocate for organ donation.

5. Partner with federal, state and local governments, public and private institutions, and foundations and individuals.

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. § 28-7756 — Arizona Code / Title 28 / Chapter 22 / Article 2 / Section 7756
28-7756 Defenses of registered owners and lessees
Status: in_force

28-7756. Defenses of registered owners and lessees

A. The registered owner or lessee of a motor vehicle is not liable for toll nonpayment, toll evasion or related tolls, administrative charges and penalties if either:

1. All of the following conditions are satisfied:

(a) The motor vehicle involved in the toll nonpayment was stolen before the toll transaction occurred and had not been recovered before the toll transaction occurred.

(b) The theft was reported to the appropriate law enforcement authority.

(c) Before the due date in the notice of payment due, the registered owner or lessee delivers to the toll operator a certified copy of the police report showing that the motor vehicle had been reported to the appropriate law enforcement authority as stolen and remained stolen at the time the toll transaction occurred.

2. All of the following conditions are satisfied:

(a) The registered owner's or lessee's license plate was stolen and appeared on the motor vehicle involved in the toll nonpayment.

(b) The theft was reported to the appropriate law enforcement authority.

(c) Before the due date in the notice of payment due, the registered owner or lessee delivers to the toll operator a certified copy of the police report showing that the license plate had been reported to the appropriate law enforcement authority as stolen and remained stolen at the time the toll transaction occurred.

B. The registered owner of a motor vehicle is not liable for toll nonpayment, toll evasion or related tolls, administrative charges and penalties if all of the following conditions are satisfied:

1. The registered owner of the motor vehicle involved in the toll nonpayment transferred ownership of the motor vehicle to another person before the toll transaction occurred.

2. The registered owner was not the operator of the motor vehicle when the toll transaction occurred.

3. Before the due date in the notice of payment due, the registered owner delivers to the toll operator a legible copy of the assignment of title or interest and warranty that is in the form prescribed by the department pursuant to section 28-2055, that is signed by the registered owner, that identifies the motor vehicle and the name and address of the transferee and that evidences the date of transfer.

C. Within fourteen calendar days after receiving information from the registered owner or lessee regarding the motor vehicle or license plates as prescribed in this section, the toll operator shall notify the registered owner or lessee in writing of the sufficiency of the information and whether the registered owner or lessee is released from liability.
A.R.S. § 28-896 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 896
28-896 Towing trailer; lateral sway
Status: in_force

28-896. Towing trailer; lateral sway

A person shall not drive a vehicle towing a trailer or semitrailer at a rate of speed that causes the trailer or semitrailer to sway laterally from the line of traffic.
A.R.S. § 28-7215 — Arizona Code / Title 28 / Chapter 20 / Article 8 / Section 7215
28-7215 Public road access; vacating public roadway without compensation
Status: reserved

28-7215. Public road access; vacating public roadway without compensation

A. A roadway shall not be vacated if any land adjoining the roadway is left without a public or private legal access connecting the land with an established public roadway, unless there is expressly reserved in the conveying instrument the roadway rights of ingress and egress for public or emergency vehicles, all property owners, property owner guests and invitees and persons lawfully conducting business on the land.

B. If a governing body determines that a public roadway has no public use or no market value, the governing body may vacate the public roadway without compensation to the governing body if the person taking the public roadway agrees to assume the costs of maintaining the public roadway and the liability for the public roadway.
A.R.S. § 28-857.01 — Arizona Code / Title 28 / Chapter 3 / Article 12 / Section 857.01
28-857.01 Overtaking and passing school bus; report by school bus operator; notification letter
Status: in_force

28-857.01. Overtaking and passing school bus; report by school bus operator; notification letter

A. The operator of a school bus who observes a violation of section 28-857, subsection A may prepare a signed written report that indicates that a violation occurred. The report shall include:

1. The date, time and approximate location of the violation.

2. The number and state of issuance of the license plate on the vehicle involved in the violation.

3. Identification of the vehicle as an automobile, a station wagon, a truck, a bus, a motorcycle or any other type of vehicle.

4. The color of the vehicle involved in the violation.

B. Within two days after the violation occurs, excluding weekends and holidays, the school bus operator shall send a copy of the report to the director. On receiving the report, the director shall promptly mail a notification letter to the last known registered owner of the vehicle. The letter shall include:

1. A notification containing the information included in the bus operator's report and stating that a vehicle registered in the vehicle owner's name was observed passing a school bus loading and unloading children.

2. A complete explanation of the provisions of section 28-857.

3. An explanation that the notification letter is not a police citation but is an effort to call attention to the seriousness of the incident.
A.R.S. § 28-7906 — Arizona Code / Title 28 / Chapter 23 / Article 1 / Section 7906
28-7906 Outdoor advertising and property right acquisition; compensation; removal; hearing
Status: in_force

28-7906. Outdoor advertising and property right acquisition; compensation; removal; hearing

A. The director shall acquire by gift, agreement, purchase, exchange, eminent domain or other lawful means all right, title, leasehold and interest in any outdoor advertising together with the right of the owner of the real property on which the outdoor advertising is located to erect and maintain the outdoor advertising on the real property, if the outdoor advertising is prohibited by this article. Damages resulting from any taking of property in eminent domain shall be determined in the manner provided by law.

B. If compensation is required by federal law and if federal participation in the compensation is required by federal law, nonconforming outdoor advertising is not required to be removed until federal monies for the federal share of compensation as required by federal law are made available to the department.

C. If outdoor advertising is placed after July 1, 1974 contrary to this article or the rules adopted by the director or if a permit is not obtained as prescribed in this article, the outdoor advertising is unlawful.

D. The director shall give notice by certified mail of the director's intention to remove advertising deemed unlawful to both the owner or the occupant of the land on which the outdoor advertising is located and the owner of the outdoor advertising, if the latter is known, or if unknown, by posting notice in a conspicuous place on the outdoor advertising. Within seven days after the notice is mailed or posted, the owner of the land or the outdoor advertising may make a written request to the director for a hearing to show cause why the outdoor advertising should not be removed.

E. The director shall designate a hearing officer, who is an administrative employee of the department, to conduct and preside at the hearing. If a hearing is requested, the department shall hold the hearing within thirty days after the hearing is requested and the department shall give the party requesting the hearing at least five days' notice of the time of the hearing. The department shall conduct the hearing at department administrative offices. A full and complete record and transcript of the hearing shall be taken.

F. Within ten days after the hearing, the hearing officer shall make a written determination of findings of fact, conclusions and decision and shall mail a copy by certified mail to the owner or the party who requested the hearing.

G. If the decision is adverse to the party, within ten days after the decision is rendered the party may petition the superior court in the county in which the outdoor advertising is located to determine whether the decision of the hearing officer was lawful and reasonable. If the decision of the court upholds that of the director, the owner of the land or the outdoor advertising or both shall pay all costs from the time of the administrative hearing, including court costs.

H. If a hearing before the director is not requested, if an appeal is not taken from the director's decision of the hearing or if the director's decision is affirmed on appeal, the director shall immediately remove the offending outdoor advertising. The owner of the outdoor advertising, the owner or occupant of the land or the owner of the outdoor advertising and the owner or occupant of the land are liable for the costs of this removal. The director has no liability for the removal.
A.R.S. § 28-2234 — Arizona Code / Title 28 / Chapter 7 / Article 7 / Section 2234
28-2234 Owner-operators
Status: in_force

28-2234. Owner-operators

An owner-operator who leases a vehicle to a motor carrier may proportionally register the vehicle by one of the following procedures:

1. The owner-operator may be the registrant, and the vehicle may be registered in the name of the owner-operator. The department shall allocate the fees according to the operational records of the owner-operator. The identification plate and cab card are the property of the lessor.

2. The lessee may be the registrant at the option of the lessor and the vehicle may be registered by the motor carrier. The registration shall be in both the owner-operator's name and that of the motor carrier as lessee. The department shall allocate the fees according to the records of the motor carrier. The identification plate and cab card are the property of the lessee.
A.R.S. § 28-8470 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8470
28-8470 Permit
Status: in_force

28-8470. Permit

A. An airport zoning regulation adopted under this article may require that a permit be obtained before a new structure or use may be constructed, established, substantially changed, altered or repaired.

B. The airport zoning regulation provided in subsection A shall also provide that before a nonconforming structure or tree may be replaced, substantially altered, repaired, rebuilt, allowed to grow higher or replanted, a permit shall be obtained from the administrative agency authorized to administer and enforce the regulation authorizing the replacement, change or repair.

C. A permit shall not be granted that will allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when an application for a permit is made.

D. Except as provided in this section, all applications for permits shall be granted.
A.R.S. § 28-8281 — Arizona Code / Title 28 / Chapter 25 / Article 3 / Section 8281
28-8281 Killing birds or animals; classification
Status: in_force

28-8281. Killing birds or animals; classification

A. Except as provided in subsection B, an aeronaut or passenger who intentionally kills birds or animals while in flight is guilty of a class 1 misdemeanor.

B. If authorized by the Arizona game and fish commission, the following persons may take coyotes by shooting from aircraft for wildlife and livestock management purposes:

1. An employee of the Arizona game and fish department.

2. An authorized employee of the United States government agency.
A.R.S. § 28-5946 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5946
28-5946 Levy; property; seizure
Status: in_force

28-5946. Levy; property; seizure

A. Except as otherwise provided in section 28-5945, subsection B, a levy extends only to property possessed and obligations existing at the time of the levy.

B. In any case in which the director may levy on property or rights to property, the director may seize and sell the property or rights to property, whether real or personal, tangible or intangible.

C. If any property or right to property on which a levy has been made under section 28-5945, subsection A is not sufficient to satisfy the claim of the director for which the levy is made, the director may proceed as often as is necessary to levy in like manner on any other property liable to levy of the person against whom the claim exists, until the amount due, together with all expenses, is fully paid.
A.R.S. § 28-4533 — Arizona Code / Title 28 / Chapter 10 / Article 7 / Section 4533
28-4533 Dealer's certificate; dealer license plates; fees
Status: in_force

28-4533. Dealer's certificate; dealer license plates; fees

A. A dealer may apply to the department, on a form provided for that purpose, for a dealer's certificate containing a general distinguishing number. If the applicant is a dealer in new motor vehicles, trailers or semitrailers, the applicant shall submit satisfactory proof that the applicant is a duly authorized distributor or dealer for a manufacturer.

B. The department may issue dealer license plates to each dealer as follows:

1. For new motor vehicle dealers, not more than one hundred fifty dealer license plates.

2. For used motor vehicle dealers, not more than fifteen dealer license plates plus one additional license plate for every fifty vehicles that are sold based on reported sales in the previous license year.

3. For wholesale motor vehicle dealers, not more than two dealer license plates plus one additional license plate for every fifty vehicles that are sold based on reported sales in the previous license year.  All of the following requirements apply to dealer license plates issued pursuant to this paragraph:

(a) Before the wholesale motor vehicle dealer's license continuation date, the wholesale motor vehicle dealer must submit evidence satisfactory to the department that the wholesale motor vehicle dealer has sold at least ten vehicles to one or more licensed new or used motor vehicle dealers in the previous license year.

(b) If the wholesale motor vehicle dealer does not submit the evidence prescribed in subdivision (a) of this paragraph, the department shall cancel the dealer license plates issued to the wholesale motor vehicle dealer.

(c) The department shall not issue more than ten dealer license plates to a wholesale motor vehicle dealer pursuant to this paragraph.

C. The department, on granting the application, shall issue to the applicant a certificate containing the applicant's name and address and the general distinguishing number assigned to the applicant and the dealer license plates for which the applicant applied on payment of the fee provided in this section.

D. The fee for each license plate or pair of license plates issued to a dealer is:

1. $30, if the dealer is not a motorcycle dealer.

2. $10, if the dealer is a motorcycle dealer.

E. The director may recall, redesign and reissue dealer license plates pursuant to this article.  The plate or pair of plates issued shall contain a number or symbol distinguishing them from every other plate or pair of plates issued to the same dealer.  The director shall not allow a request for dealer license plates to be combined with a request for a personalized special plate issued pursuant to section 28-2406.  Reissued dealer license plates shall be distributed as determined by the director.

F. The right to use a dealer license plate issued terminates at midnight on the last day of the month in which the plate fees are due unless the plate fees for the following year are paid.

G. A dealer who applies for and obtains dealer license plates shall comply with chapter 9 of this title.
A.R.S. § 28-4032 — Arizona Code / Title 28 / Chapter 9 / Article 2 / Section 4032
28-4032 Persons subject to financial responsibility requirements
Status: in_force

28-4032. Persons subject to financial responsibility requirements

A. Notwithstanding any other statute:

1. A person who operates in the furtherance of a commercial enterprise in this state a motor vehicle or vehicle combination that has a declared gross weight of more than twenty thousand pounds shall comply with the financial responsibility requirements of this article and article 4 of this chapter.

2. A person who operates a motor vehicle or vehicle combination for the purpose of transporting hazardous materials, hazardous substances or hazardous wastes as defined by the department shall comply with the financial responsibility requirements of this article and article 4 of this chapter unless any of the following applies:

(a) The transportation of hazardous materials, hazardous substances or hazardous wastes is incidental to the principal purpose of the vehicular travel at the time the transportation occurs.

(b) The transportation of hazardous materials, hazardous substances or hazardous wastes is not in the furtherance of a commercial enterprise.

(c) The transportation of an amount of hazardous material listed in 49 Code of Federal Regulations section 172.504(a) table two is less than one thousand pounds or not more than one hundred ten gallons for a combustible liquid.

B. A person who operates a bus used to transport passengers for hire, other than a car pool operator, shall comply with the financial responsibility requirements of this article and article 4 of this chapter. This subsection does not apply to a car pool operator.  For the purposes of this subsection, "car pool operator" means a natural person when engaged either regularly or occasionally in carrying one or more other persons by motor vehicle on a public highway, with or without compensation, if the carriage of the other person or persons is both:

1. Not for profit.  A car pool operator is conclusively presumed not to be carrying persons for profit if either:

(a) The operator receives compensation of not more than twenty cents per mile for total vehicle miles traveled, except that the proportionate share of the car pool operator shall be included in the amount.

(b) The operator carries one or more of the operator's passengers in consideration of the operator being carried in like situations by the passenger or passengers.  The receipt of compensation of more than twenty cents per mile for total vehicle miles traveled does not preclude a car pool operator from showing that this compensation does not result in a profit to the operator or that the operator did not intend that a profit result.

2. Incidental to another purpose of the car pool operator.  Except in unusual circumstances, the carriage is incidental to another purpose of the operator if the operator is not making the trip solely for the purpose of carrying a passenger.  A car pool operator is conclusively presumed not to be transporting passengers for hire.

C. A person who is listed on the department's records as the owner of a taxi, livery vehicle or limousine used to transport passengers for hire shall comply with the financial responsibility requirements of this article and article 4 of this chapter.
A.R.S. § 28-703.02 — Arizona Code / Title 28 / Chapter 3 / Article 6 / Section 703.02
28-703.02 Establishing speed on multiple lane highways
Status: in_force

28-703.02. Establishing speed on multiple lane highways

On multiple lane highways with two or more separate roadways, different prima facie speed limits may be established for different roadways under any of the procedures specified in sections 28-702 and 28-703.
A.R.S. § 28-9611 — Arizona Code / Title 28 / Chapter 31 / Article 1 / Section 9611
28-9611 Responsibility for equipment
Status: in_force

28-9611. Responsibility for equipment

A peer-to-peer car sharing program has sole responsibility for any equipment, including a global positioning system or other special equipment, that is put in or on a shared vehicle to monitor or facilitate the shared vehicle transaction and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of the equipment during the car sharing period if the shared vehicle owner does not cause the damage or theft.  The peer-to-peer car sharing program may seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the car sharing period.
A.R.S. § 28-1144 — Arizona Code / Title 28 / Chapter 3 / Article 19 / Section 1144
28-1144 Issuing envelope permits; restrictions; requirements
Status: in_force

28-1144. Issuing envelope permits; restrictions; requirements

A. Except as provided in subsection D of this section, on approval of the application, the director may issue an envelope permit. The envelope permit for a nonspecific and nonreducible vehicle or cargo shall not authorize a vehicle or a vehicle transporting cargo on a highway to exceed two hundred fifty thousand pounds gross weight, fourteen feet in width, sixteen feet in height and one hundred twenty feet in length.

B. The director may issue an envelope permit for a vehicle hauling a houseboat within a ten mile radius of a lake that is located in this state and the state of Utah and whose tributary is the Colorado River if the vehicle or load does not exceed one hundred fifty thousand pounds gross weight, sixteen and one-half feet in width, twenty-five feet in height and one hundred twenty feet in length.  A person who operates a vehicle on a highway transporting a houseboat for which an envelope permit has been issued pursuant to this subsection must notify the department as prescribed by the director each time a vehicle hauls a houseboat as authorized by the envelope permit. A person who violates the notification requirement of this subsection subjects the envelope permit to immediate revocation by the department and must apply for a special permit prescribed in section 28-1103 in order to comply with article 18 of this chapter relating to vehicle size, weight and load.  The director shall adopt rules, including establishing fees, for envelope permits for vehicles hauling houseboats pursuant to this subsection.

C. Except as provided in subsection D of this section, a vehicle for which an envelope permit is issued shall have at least three axles. Except for excess gross weight, excess width or length authorized by the envelope permit, a vehicle and cargo shall meet the requirements of statutes, rules and ordinances governing the movement of vehicles on highways and rules of local authorities.

D. On approval of the application, the director may issue an envelope permit for a vehicle with two axles that is transporting a nonspecific and nonreducible vehicle or cargo on a highway if the vehicle or vehicle transporting cargo does not exceed the applicable maximum gross weight limits as prescribed in section 28-1100, fourteen feet in width, sixteen feet in height and one hundred twenty feet in length.

E. A person who operates a vehicle on a highway transporting cargo for which an envelope permit has been issued and is required shall have a legible envelope permit in the person's immediate possession. The envelope permit is valid only if the power unit towing or transporting the cargo is listed on the permit. The operator shall display the envelope permit on demand of a peace officer.

F. A photocopy or facsimile of the envelope permit is not valid.

G. An envelope permit shall provide for the listing of any number of power units on the permit. A permit may be duplicated and modified to include the listing of additional power units at the time of initial application or later.

H. The director shall not issue an envelope permit for a vehicle or vehicle combination that transports cargo commonly known as a mobile or modular home.
A.R.S. § 28-7145 — Arizona Code / Title 28 / Chapter 20 / Article 7 / Section 7145
28-7145 Expenses incidental to transfer of property
Status: in_force

28-7145. Expenses incidental to transfer of property

In addition to the payments authorized by sections 28-7143 and 28-7144 and as a part of the cost of construction, the department shall reimburse the owner, after the date of payment of the purchase price or the date of deposit in court of monies to satisfy the award or compensation in a condemnation proceeding to acquire real property, whichever is earlier, to the extent it deems fair and reasonable for expenses the owner necessarily incurred for:

1. Recording fees, transfer taxes and similar expenses incidental to conveying the real property.

2. Penalty costs for prepayment of any preexisting recorded mortgage that is entered into in good faith and that encumbers the real property.

3. The pro rata portion of real property taxes that are paid and that are allocable to a period after the date of vesting of title in the state or the effective date of the possession of the real property by the state, whichever is earlier.
A.R.S. § 28-2470.36 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.36
28-2470.36 America250 special plates; fund
Status: in_force

28-2470.36. America250 special plates; fund

A. If, by December 31, 2025, a person pays $32,000 to the department for the implementation of this section, the department shall issue America250 special plates. The person that provides the $32,000 shall design the America250 special plates. The design and color of the America250 special plates are subject to approval of the department. The director may allow a request for America250 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 America250 special plates.

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

C. The department shall deposit, pursuant to sections 35-146 and 35-147, all special plate administration fees in the state highway fund established by section 28-6991 and shall transmit all donations collected pursuant to this section to the America250 special plate fund established by this section.

D. The America250 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 entity that paid the implementation fee to the department pursuant to subsection A of this section. Not more than ten percent of the monies deposited in the fund annually shall be used for the cost of administering the fund.  Monies in the fund are continuously appropriated.

E. Through December 31, 2026, the director shall monthly allocate monies from the America250 special plate fund to the Arizona America250 commission to pay costs related to America250 projects and events. From and after December 31, 2026, the director shall annually allocate monies from the America250 special plate fund to the state library fund established by Section 41-151.06.

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. § 28-7381 — Arizona Code / Title 28 / Chapter 20 / Article 14 / Section 7381
28-7381 Definitions
Status: in_force

28-7381. Definitions

In this article, unless the context otherwise requires:

1. "Broadband service":

(a) Means providing access and transport to the internet, computer processing, information storage or protocol conversion in either the upstream or downstream direction, as established by the federal communications commission.

(b) Does not include information content or service applications provided over the access service or any intrastate service that was subject to a tariff as of January 1, 2012.

2. "Longitudinal access" means access to or use of any part of a right-of-way of a highway that extends generally parallel to the right-of-way for a total of thirty or more linear meters.

3. "Provider":

(a) Means an entity that provides for the sale or resale of wholesale or retail broadband services in this state and that is recognized as an eligible telecommunications carrier by the Arizona corporation commission or that meets federal communications commission and industry carrier class service guidelines or is a political subdivision that has statutory authority to provide communications services.

(b) Includes a video service provider as defined by section 11-1901.

4. "Telecommunication facility" means any cable, line, fiber, wire, conduit, innerduct, access manhole, handhole, tower, hut, pedestal, pole, box, transmitting equipment, receiving equipment or power equipment or any other equipment, system or device that is used to transmit, receive, produce or distribute by wireless, wireline, electronic or optical signal for communication purposes.
A.R.S. § 28-4138 — Arizona Code / Title 28 / Chapter 9 / Article 4 / Section 4138
28-4138 Charges of violations
Status: in_force

28-4138. Charges of violations

A. A person may be charged for a violation of section 28-4135, subsection A or B, or both. Only one penalty shall be imposed against a person charged and found to have violated both sections arising out of the same series of acts.

B. Suspensions imposed pursuant to section 28-4135 are in addition to any suspensions that may be imposed by the department pursuant to this article.

C. In imposing a civil penalty arising out of the same series of acts for which the department issued a suspension, the court may order a suspension issued pursuant to section 28-4135 to run concurrently with any suspension ordered by the department.
A.R.S. § 28-8483 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8483
28-8483 Registry of military airport flight operations; public inspection
Status: in_force

28-8483. Registry of military airport flight operations; public inspection

The state real estate department and political subdivisions that have territory in the vicinity of a military airport shall request from each military airport in this state a registry of information including maps of military flight operations and a list of contact persons at each military airport who are knowledgeable about the impacts of military flight operations at the military airport.  Each registry shall contain the information provided by the military airport, including any map prepared pursuant to section 28-8484, subsection B.  The state real estate department and political subdivisions shall maintain the registry of information provided by the military airport and make the registry available to the public on request.
A.R.S. § 28-5605 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5605
28-5605 Use fuel tax collection; fuel dispenser labels; civil penalty
Status: in_force

28-5605. Use fuel tax collection; fuel dispenser labels; civil penalty

A. A vendor shall not collect more than the use fuel tax imposed pursuant to section 28-5606, subsection B, paragraph 1 from a person who purchases use fuel for use in the propulsion of a light class motor vehicle on a highway in this state or for use in the propulsion of a use class motor vehicle that is exempt pursuant to section 28-5432 from the weight fee prescribed in section 28-5433 on a highway in this state.

B. Subject to the following, vendors shall label use fuel dispensers pursuant to standards established by the weights and measures services division of the Arizona department of agriculture:

1. Labels on use fuel dispensers shall notify the purchaser of the state use fuel tax rate.  The department of transportation shall provide the use fuel dispenser labels to vendors if the vendor submits a receipt from one fueling position for each use fuel type and, if applicable, one in-store point-of-sale system.

2. If the vendor sells use fuel only to light class motor vehicles or use class motor vehicles that are exempt pursuant to section 28-5432 from the weight fee prescribed in section 28-5433, or both, the vendor shall post that limitation and include the tax rate prescribed in section 28-5606, subsection B, paragraph 1.

3. If light class motor vehicles and use class motor vehicles are allowed to fuel at the same use fuel dispenser, the vendor shall include the tax rate prescribed in section 28-5606, subsection B, paragraph 2 and post a notice that the tax rate for light class motor vehicles and use class motor vehicles that are exempt pursuant to section 28-5432 from the weight fee prescribed in section 28-5433 is the tax rate prescribed in section 28-5606, subsection B, paragraph 1.

4. If the vendor prohibits light class motor vehicles or use class motor vehicles from dispensing fuel from a specific fuel dispenser, the vendor shall post that prohibition.

5. In addition to posting a sign on a use fuel dispenser that indicates that the price of the use fuel dispensed from that dispenser includes the applicable federal and state taxes, a vendor that dispenses use fuel from a cardlock facility shall require the purchaser of use fuel for light class motor vehicles or use class motor vehicles that are exempt pursuant to section 28-5432 from the weight fee prescribed in section 28-5433, or both, to complete a declaration of status in a form and a manner approved by the director. For the purposes of this paragraph, "cardlock facility" means a use fuel vendor that satisfies all of the following:

(a) Is licensed in this state.

(b) Sells only to preapproved purchasers of use fuel who have been issued cards, keys or other controlled access to identify the exclusive withdrawal of that particular purchaser.

(c) Does not have a representative on the premises to observe the withdrawal of use fuel from the vendor's storage.

(d) Measures volumes of fuel dispensed by pump meters or other accurate recording devices.

C. A vendor who violates subsection B of this section is subject to a civil penalty of $100 for each day the violation continues.
A.R.S. § 28-8322.02 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8322.02
28-8322.02 Fleet registration requirements
Status: in_force

28-8322.02. Fleet registration requirements

A. In lieu of the staggered aircraft registration requirements under section 28-8322.01, a person may register a fleet of two or more aircraft on an annual basis so that the registrations for all aircraft in the fleet expire in the same month.

B. The director shall approve the request for fleet registration if, at least thirty days before the registration date, the applicant provides both of the following:

1. An application containing information necessary for qualification as a fleet registrant.

2. A list of all aircraft to be included in the fleet.

C. To establish a new fleet registration and a uniform month of expiration, all of the following apply:

1. The department shall maintain the valuation for aircraft determined pursuant to section 28-8335 at the current valuation if it is necessary to calculate a prorated license tax.

2. The license tax for that year on the aircraft shall be prorated by one-twelfth of the full annual amount for each full month of the registration cycle.

3. The aircraft owner shall pay the full registration fee.  The registration may not be prorated.
A.R.S. § 28-8207 — Arizona Code / Title 28 / Chapter 25 / Article 1 / Section 8207
28-8207 Ownership
Status: in_force

28-8207. Ownership

Ownership of space above land and water of this state is vested in the several owners of the surface beneath, subject to the right of flight described in section 28-8277.
A.R.S. § 28-6303 — Arizona Code / Title 28 / Chapter 17 / Article 1 / Section 6303
28-6303 Regional area road fund; separate accounts
Status: in_force

28-6303. Regional area road fund; separate accounts

A. The regional area road fund is divided into three separate accounts designated as the bond account, the construction account and the bond proceeds account.

B. The state treasurer shall:

1. Account separately for each account.

2. Make transfers between accounts only as provided in this article or chapter 21, article 2 of this title.

3. Before any bonds are issued, deposit transportation excise tax revenues transferred to the state treasurer in the construction account. These revenues shall be expended as provided in this article.

4. After any bonds are issued, deposit transportation excise tax revenues transferred to the state treasurer in the bond account first until the bond account contains monies sufficient to meet all principal, interest or redemption requirements for the current period as required by any resolution of the board pertaining to the issuance of bonds.

5. After all current period requirements for all of the bonds are deposited in the bond account, deposit the balance of transportation excise tax revenues transferred to the state treasurer for the current period in the construction account.

C. The state treasurer may:

1. Invest monies in any account of the regional area road fund in any securities or obligations authorized by title 35, chapter 2, article 2.

2. For the purpose of investments, commingle monies within the regional area road fund with state monies if all interest earned on the monies in the regional area road fund of a county is credited to the respective account of the regional area road fund in which the investment was made.

D. The department shall separately account for the uses of transportation excise tax revenues deposited into the bond account and the construction account in order to identify how the transportation excise tax revenues are used pursuant to section 42-6105, subsection D, paragraphs 1 and 2, for:

1. Freeways and other routes in the state highway system.

2. Major arterial streets, intersection improvements and regional transportation infrastructure identified in the plan, including capital expense and implementation studies.

E. The department shall separately account for the uses of transportation excise tax revenues deposited in the bond account and the construction account in order to identify how the transportation excise tax revenues are used pursuant to section 42-6105.01, subsection D, paragraphs 1 and 2 for:

1. Freeways and other routes in the state highway system.

2. Major arterial streets, intersection improvements and regional transportation infrastructure identified in the plan, including capital expense and implementation studies.
A.R.S. § 28-8289 — Arizona Code / Title 28 / Chapter 25 / Article 3 / Section 8289
28-8289 Political subdivision; immunity
Status: in_force

28-8289. Political subdivision; immunity

A political subdivision processing or utilizing the services of a person ordered to perform community restitution pursuant to this article is not civilly liable to the person ordered to perform community restitution as a result of these activities unless the political subdivision or its agent or employee is guilty of gross negligence.
A.R.S. § 28-8290 — Arizona Code / Title 28 / Chapter 25 / Article 3 / Section 8290
28-8290 Employment permitted
Status: in_force

28-8290. Employment permitted

A. On pronouncement of a jail sentence under section 28-8284, 28-8287 or 28-8288, the court may provide in the sentence that the defendant may be permitted, if the defendant is employed and can continue employment, to both:

1. Continue employment for not more than twelve hours per day or more than six days per week.

2. Spend the remaining day, days or parts of days in jail until the sentence is served.

B. The defendant sentenced under this section shall be allowed out of jail only long enough to complete the defendant's actual hours of employment.
A.R.S. § 28-4801 — Arizona Code / Title 28 / Chapter 11 / Article 1 / Section 4801
28-4801 Definitions
Status: in_force

28-4801. Definitions

In this chapter, unless the context otherwise requires:

1. "Abandoned vehicle" means a vehicle, trailer or semitrailer that is of a type subject to registration under this title whether lost, stolen, abandoned or otherwise unclaimed and that has been abandoned on a public highway, public property or elsewhere in this state, including private property. Evidence that a vehicle was left unattended for a period of forty-eight hours within the right-of-way of any highway, road, street or other public thoroughfare or for a period of seventy-two hours on public or private property or elsewhere in this state is prima facie evidence of abandonment.

2. "Officer" means any police officer or other law enforcement officer.

3. "Vehicle registration agency" means the agency or department of any state that has charge of the records of motor vehicle registration in that state.
A.R.S. § 28-6707 — Arizona Code / Title 28 / Chapter 19 / Article 1 / Section 6707
28-6707 Highway improvement within city or town limit
Status: in_force

28-6707. Highway improvement within city or town limit

A. The part of a highway located in an incorporated city or town may be constructed, improved or maintained through cooperation under this article in the same manner as if it were located outside an incorporated city or town.

B. As part of the cooperation, the board of supervisors may enter into an agreement with the governing body of a city or town for the lease of:

1. County equipment used to construct, improve or maintain highways located in the boundaries of the city or town.

2. City or town equipment used to construct, improve or maintain highways located in the boundaries of the county.
A.R.S. § 28-4626 — Arizona Code / Title 28 / Chapter 10 / Article 9 / Section 4626
28-4626 Transporter records
Status: in_force

28-4626. Transporter records

A. A transporter shall keep a written record of the vehicles on which the plates are used and of the date of use. The transporter shall make available to the director for inspection all of the records of the transporter.

B. A copy of bills of lading showing invoices or orders or other documents containing the following information is a sufficient record:

1. The names of the consignor and consignee.

2. A complete description of the vehicle, including the make, model, year of manufacture, motor number and serial number.

C. The transporter shall file one executed copy of the document at the office of the director or at a port of entry.
A.R.S. § 28-2483 — Arizona Code / Title 28 / Chapter 7 / Article 14 / Section 2483
28-2483 License plates for classic cars; definition
Status: in_force

28-2483. License plates for classic cars; definition

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

B. The registration numbers and license plates assigned to classic cars shall be manufactured from Arizona copper and shall run in separate numerical series commencing with "classic car no. 1". The license plates shall be of a distinguishing color but different from the color selected for license plates issued under section 28-2482 or 28-2484.  The director may allow a request for classic car 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 classic car special plates.

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

D. For the purposes of this section, "classic car" means a car included in the 1963 list of classic cars filed with the director by the classic car club of America. The director shall revise the list every five years.
A.R.S. § 28-774 — Arizona Code / Title 28 / Chapter 3 / Article 9 / Section 774
28-774 Highway access from private road or driveway
Status: in_force

28-774. Highway access from private road or driveway

The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all closely approaching vehicles on the highway.
A.R.S. § 28-337 — Arizona Code / Title 28 / Chapter 2 / Article 2 / Section 337
28-337 High occupancy vehicle lane; lane degradation; priority use
Status: in_force

28-337. High occupancy vehicle lane; lane degradation; priority use

A. In accordance with 23 United States Code section 166, the department shall develop procedures to monitor the impact that single occupancy vehicles authorized under sections 28-2416 and 28-2416.01 have on the operation of the high occupancy vehicle lanes.

B. If a high occupancy vehicle lane becomes degraded due to the authorization of single occupancy vehicles authorized under sections 28-2416 and 28-2416.01, use of the lane is restricted to the following vehicles in the following priority:

1. Passenger vehicles with two or more occupants, including the driver.

2. Public transit buses.

3. Buses with two or more occupants, including the driver.

4. Motorcycles.

5. Alternative fuel vehicles.

6. Low emission and energy efficient vehicles.

C. The department shall limit use to vehicles in the priority order prescribed in subsection B of this section and shall maintain those restrictions while the lane or portion of the lane remains degraded.

D. For the purposes of this section, a high occupancy vehicle lane is degraded if vehicles operating on the facility, or portions of the facility, are failing to maintain a speed of forty-five miles per hour or greater ninety per cent of the time over a consecutive one hundred eighty day period during morning and evening weekday peak hour periods.
A.R.S. § 28-960 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 960
28-960 Flares; warning devices; requirements
Status: in_force

28-960. Flares; warning devices; requirements

A. Except as provided in subsection B of this section, a person shall not operate a motor truck, passenger bus or truck tractor on a highway outside the corporate limits of a city or town from a half hour after sunset to a half hour before sunrise unless the following equipment is carried in the vehicle:

1. At least three flares or three red electric lanterns that comply with the following:

(a) Each flare or lantern is capable of being seen and distinguished at a distance of five hundred feet under normal atmospheric conditions at nighttime.

(b) Each flare or liquid-burning pot torch is capable of burning for at least twelve hours in five miles per hour wind velocity and capable of burning in any air velocity from zero to forty miles per hour.

(c) Each flare is substantially constructed to withstand reasonable shocks without leaking.

(d) Each flare is carried in the vehicle in a metal rack or box.

(e) Each red electric lantern is capable of operating continuously for at least twelve hours and is substantially constructed to withstand reasonable shock without breakage.

2. At least three red-burning fusees, unless red electric lanterns are carried, that are:

(a) Made in accordance with specifications of the bureau of explosives, 30 Vesey Street, New York City and so marked.

(b) Capable of burning at least fifteen minutes.

3. At least two red cloth flags that are at least twelve inches square and have standards to support the flags.

B. At the time and under the conditions stated in subsection A of this section, a person shall not operate a motor vehicle used in transporting flammable liquids in bulk or transporting compressed flammable gases, unless three red electric lanterns meeting the requirements stated in subsection A of this section are carried in the vehicle.  A flare, fusee or signal produced by a flame shall not be carried in a vehicle described in this subsection.

C. A person is in compliance with this section if the person operates a motor vehicle described in this section and carries in the vehicle three portable reflector units that are designed and constructed to meet the requirements of 49 Code of Federal Regulations section 571.125.
A.R.S. § 28-1205 — Arizona Code / Title 28 / Chapter 3 / Article 21 / Section 1205
28-1205 Red light running
Status: in_force

28-1205. Red light running

A violation of article 3 of this chapter that is detected by a photo enforcement system may only result in a traffic ticket and complaint if the traffic control device involved in the violation conforms to the manual and specifications prescribed in section 28-641.
A.R.S. § 28-3320 — Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3320
28-3320 Suspension of license for persons under eighteen years of age; notice; definition
Status: in_force

28-3320. Suspension of license for persons under eighteen years of age; notice; definition

A. In addition to the grounds for mandatory suspension or revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately suspend the driver license or privilege to drive or refuse to issue a driver license or privilege to drive of a person who commits an offense while under eighteen years of age as follows:

1. For a period of two years on receiving the record of the person's conviction for a violation of section 4-244, paragraph 34, section 28-1381 or section 28-1382.

2. For a period of three years on receiving the record of the person's conviction for a violation of section 28-1383.

3. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of section 13-1602, subsection A, paragraph 1 or section 13-1604, subsection A involving the damage or disfigurement of property by graffiti.

4. Until the person's eighteenth birthday on receiving the record of the person's conviction of criminal damage pursuant to section 13-1602, subsection A, paragraph 5 or a violation of a city or town ordinance that prohibits the type of criminal action prescribed in section 13-1602, subsection A, paragraph 5.

5. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of any statute or ordinance involving the purchase or possession of materials used for graffiti.

6. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of any provision of title 13, chapter 34.

7. Until the person's eighteenth birthday or for a period of two years on receiving the record of the person's conviction for a second or subsequent violation of section 4-244, paragraph 9, if ordered by the court.

8. Until the person's eighteenth birthday on receiving the record of the person's conviction of theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814.

B. If ordered by the court, the department shall restrict the person's privilege to drive between the person's home, school and place of employment during specified periods of time according to the person's school and employment schedule.

C. If a person commits an offense prescribed in subsection A, paragraph 1 of this section and the person's privilege to drive is restricted as prescribed in subsection B of this section, the department shall issue a special ignition interlock restricted driver license to the person pursuant to section 28-1401.

D. If ordered by the court pursuant to section 4-246, subsection D, the department shall suspend the driving privilege of a person under eighteen years of age for a period of up to one hundred eighty days on receiving the record of the person's first conviction for a violation of section 4-244, paragraph 9.

E. For the purposes of this section, "conviction" means a final conviction or judgment, including an order of the juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense.
A.R.S. § 28-2432 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2432
28-2432 Arizona professional basketball clubs special plates; fund
Status: in_force

28-2432. Arizona professional basketball clubs special plates; fund

A. The department shall issue Arizona professional basketball clubs special plates in two different designs as follows:

1. On or before December 31, 2024, the entity that provides the $32,000 for the implementation of the Arizona professional basketball clubs special plates shall design the Arizona professional men's basketball club special plates.  The design and color of the Arizona professional men's basketball club special plates are subject to the approval of the department.

2. If, by December 31, 2024, a person provides an additional $32,000 to the department for the Arizona professional basketball clubs special plates, the person that provides the $32,000 shall design the Arizona professional women's basketball club special plates.  The design and color of the Arizona professional women's basketball club special plates are subject to the approval of the department.

B. All of the following apply to the Arizona professional basketball clubs special plates issued pursuant to subsection A of this section:

1. The director may allow a request for Arizona professional basketball clubs 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 basketball clubs special plates.

2. 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.

3. 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 basketball clubs special plate fund established by subsection C of this section.

C. The Arizona professional basketball clubs special plate fund is established consisting of monies received pursuant to this section.  The director shall administer the fund.  The first $32,000 received pursuant to subsection A, paragraph 1 of this section shall be reimbursed to the entity that paid the implementation fee to the department and the first $32,000 received pursuant to subsection A, paragraph 2 of this section shall be reimbursed to the person that paid the implementation fee to the department.  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. The director shall allocate monies from the fund through a private Arizona professional basketball organization's foundation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes. The director shall forward all monies deposited in the Arizona professional basketball clubs special plate fund, excluding administrative fees, to the foundation on an annual basis.

D. 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. § 28-7618 — Arizona Code / Title 28 / Chapter 21 / Article 3 / Section 7618
28-7618 Attorney general note certification
Status: in_force

28-7618. Attorney general note certification

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

B. If the proceedings comply with this article and the attorney general determines that the notes when delivered and paid for will constitute binding and legal obligations of the board that are enforceable according to the terms of the notes, the attorney general shall certify in substance on the back of each of the notes that each note is issued in accordance with the constitution and laws of this state.
A.R.S. § 28-5243 — Arizona Code / Title 28 / Chapter 14 / Article 2 / Section 5243
28-5243 Railroad crossing violations; civil penalty
Status: in_force

28-5243. Railroad crossing violations; civil penalty

A. A motor carrier shall not knowingly require, authorize or permit a driver to violate any federal, state or local railroad crossing law, ordinance or regulation.

B. The court shall impose a civil penalty of not more than ten thousand dollars on a motor carrier who violates this section.

C. In addition to all other penalties prescribed by this chapter, if a motor carrier is found responsible for a violation of this section, the motor carrier is subject to disqualification pursuant to section 28-3312.
A.R.S. § 28-7684 — Arizona Code / Title 28 / Chapter 21 / Article 6 / Section 7684
28-7684 Application of revenues; highway project advancement notes fund; payment of notes
Status: in_force

28-7684. Application of revenues; highway project advancement notes fund; payment of notes

A. After issuance of highway project advancement notes, revenues the political subdivision receives under the applicable highway project advance agreement shall be collected and, as provided by the political subdivision at the time of authorizing the issuance of the highway project advancement notes, shall be either:

1. Paid into a special fund to be known as the highway project advancement notes fund.

2. Applied to reimburse the political subdivision for monies previously advanced to the department under the highway project advance agreement to which the highway project advancement notes relate.

B. If any highway project advancement notes are outstanding, the political subdivision shall only use the monies paid into the highway project advancement notes fund for those highway project advancement notes to pay principal, interest and premium, if any, on those highway project advancement notes.

C. Notwithstanding any other law, if the highway project advancement notes provide for such payment, this article authorizes the payment from the monies in the highway project advancement notes fund, when due or on redemption in advance of maturity, of all principal, interest and redemption premiums on the notes.
A.R.S. § 28-7941 — Arizona Code / Title 28 / Chapter 23 / Article 2 / Section 7941
28-7941 Definitions
Status: in_force

28-7941. Definitions

In this article, unless the context otherwise requires:

1. "Automobile graveyard" means an establishment or place of business maintained, used or operated for storing, keeping, buying or selling wrecked, abandoned, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

2. "Interstate system" means the portion of the national system of interstate and defense highways located in this state that are officially designated by the board and approved by the United States secretary of transportation pursuant to 23 United States Code.

3. "Junk" means:

(a) Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris or waste.

(b) Junked, dismantled or wrecked automobiles or parts of junked, dismantled or wrecked automobiles.

(c) Iron, steel and other old or scrap ferrous or nonferrous material.

4. "Junkyard" means an establishment or place of business maintained, used or operated for storing, keeping, buying or selling junk or for maintaining or operating an automobile graveyard, including garbage dumps and sanitary landfills.

5. "Main traveled way":

(a) Means the portion of a roadway for the movement of vehicles, excluding shoulders, on which through traffic is carried.

(b) In the case of a divided highway, means the traveled way of each of the separated roadways for traffic in opposite directions.

(c) Does not include facilities such as frontage roads or parking areas.

6. "Primary system" means that portion of connected main highways located in this state that are officially designated by the board and approved by the United States secretary of transportation pursuant to 23 United States Code.

7. "Unzoned industrial area" means an area that is not zoned under authority of state law and in which the land use is characteristic of that generally permitted only in areas that are actually zoned industrial under authority of state law and that embraces all land on the same side of the highway on which one or more industrial activities are conducted, including all land within one thousand feet measured in each direction parallel to the highway from the nearest edge of the industrial building or activity on the land. As used in this paragraph, industrial activity does not include:

(a) Agricultural, forestry, grazing, farming, ranching and related activities.

(b) Transient or temporary activities, including wayside fresh produce stands.

(c) Activities not visible from the main traveled way.

(d) Activities conducted in a building principally used as a residence.

(e) Railroad tracks, minor sidings and passenger depots and aboveground or underground utility lines.

(f) Junkyards.

(g) Outdoor advertising structures.

(h) Activities in operation fewer than three months a year.

(i) Activities more than three hundred feet from the edge of a right-of-way.
A.R.S. § 28-4804 — Arizona Code / Title 28 / Chapter 11 / Article 1 / Section 4804
28-4804 Abandoned vehicle administration fund
Status: in_force

28-4804. Abandoned vehicle administration fund

A. The abandoned vehicle administration fund is established consisting of monies collected pursuant to section 28-4802 and all other monies collected pursuant to this chapter. The department shall administer the fund.  Monies in the fund are continuously appropriated.  The director shall deposit the monies collected in the state highway fund established by section 28-6991 except that the monies that are deposited pursuant to section 28-4805 may not be deposited in the state highway fund and shall be used to partially reimburse registered towing companies pursuant to section 28-4805.

B. In addition to the use prescribed in subsection A of this section, the department shall use monies collected pursuant to this chapter to carry out the other duties prescribed by this chapter.
A.R.S. § 28-7513 — Arizona Code / Title 28 / Chapter 21 / Article 1 / Section 7513
28-7513 Taxation exemption
Status: in_force

28-7513. 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 for these purposes or on the activities of the board in maintaining and caring for the real property or in the revenues derived from the real property. The bonds, their transfer and the income from the bonds are at all times free from taxation in this state.
A.R.S. § 28-2239 — Arizona Code / Title 28 / Chapter 7 / Article 7 / Section 2239
28-2239 Temporary proportional registrations; temporary registration; fee
Status: in_force

28-2239. Temporary proportional registrations; temporary registration; fee

A. The department may sell temporary proportional registrations to motor carriers that are registering under this article.  Motor carriers may use temporary proportional registrations for vehicles that are added to an existing fleet, in lieu of lost registrations pending receipt of permanent or replacement registrations or for vehicles that have a federal out-of-service order from a previous owner on the department's record.

B. The department may issue temporary registrations to motor carriers that are based in this state and that are registered pursuant to this title.

C. The cost of a temporary proportional registration is $1, and the registration is valid for sixty days.
A.R.S. § 28-9522 — Arizona Code / Title 28 / Chapter 30 / Article 2 / Section 9522
28-9522 Revocation or suspension of permits; procedure; judicial review
Status: in_force

28-9522. Revocation or suspension of permits; procedure; judicial review

A. Except as otherwise provided by this section, any proceeding to revoke or suspend a permit issued pursuant to this chapter shall be conducted in accordance with title 41, chapter 6, article 10.

B. The director may initiate proceedings for revocation or suspension of a permit issued pursuant to this chapter on the director's own motion or on a verified complaint for noncompliance with or a violation of this chapter or of any rule adopted pursuant to this chapter.

C. If, after having been served with the notice of hearing as provided for in title 41, chapter 6, article 10, the permittee fails to appear at the hearing and defend, the department shall proceed to hear evidence against the permittee and shall enter an order as justified by the evidence.  The order is final unless the permittee petitions for a review as provided in title 41, chapter 6, article 10.

D. At all hearings, the attorney general, an assistant attorney general or a special assistant designated by the attorney general shall appear and represent the department.

E. Except as provided in section 41-1092.08, subsection H, any final administrative decision made pursuant to this chapter is subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 28-7051 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7051
28-7051 Roadside parks; historical markers
Status: in_force

28-7051. Roadside parks; historical markers

A. The department may construct, maintain and operate roadside parks on highway property for the use and benefit of the public.

B. The department may construct and erect signs and plaques marking points of historical importance on highway property. The signs and plaques shall not be erected unless they have been certified as reasonably authentic and historically correct by the director of the Arizona state library, archives and public records.
A.R.S. § 28-1874 — Arizona Code / Title 28 / Chapter 6 / Article 4 / Section 1874
28-1874 Compensation and expenses of administrator
Status: in_force

28-1874. Compensation and expenses of administrator

The compact administrator of this state is not entitled to any additional compensation for the administrator's service but is eligible for reimbursement for expenses incurred with the compact administrator's responsibilities as administrator in the same manner as expenses incurred in connection with other responsibilities of the compact administrator's office or employment.
A.R.S. § 28-4403 — Arizona Code / Title 28 / Chapter 10 / Article 4 / Section 4403
28-4403 Record requirements; motor vehicle information; inspection; liability; electronic submission
Status: in_force

28-4403. Record requirements; motor vehicle information; inspection; liability; electronic submission

A. A licensee shall keep and maintain at the licensee's established place of business, or place of business if the licensee is a broker or a wholesale motor vehicle dealer, a permanent record in the form prescribed by the director.  The permanent record may be in an electronic format and shall contain:

1. A particular description of each motor vehicle of a type subject to registration under the laws of this state that is bought, sold, brokered or exchanged by the licensee or received or accepted by the licensee for sale, brokering or exchange.

2. A particular description of each used motor vehicle body or chassis that is sold or otherwise disposed of.

3. A particular description of each motor vehicle that is bought or otherwise acquired and wrecked by the licensee.

4. The name and address of the person from whom a motor vehicle, motor vehicle body or motor vehicle chassis was purchased or otherwise acquired and the date it was purchased or acquired.

5. The name and address of the person to whom the motor vehicle, motor vehicle body or motor vehicle chassis was sold or otherwise disposed of, the date it was sold or disposed of and a sufficient description of the vehicle, body or chassis by name or identifying number or otherwise to identify it.

B. A licensed automotive recycler that has a vehicle in the automotive recycler's inventory shall:

1. At the same time have possession of a duly and regularly assigned salvage certificate of title, nonrepairable vehicle certificate of title or dismantle certificate of title to the vehicle.

2. Not offer for sale or sell a vehicle unless a salvage certificate of title, nonrepairable vehicle certificate of title or dismantle certificate of title to the vehicle has been obtained.

C. Each motor vehicle dealer shall give the customer a written or electronic contract and shall maintain a copy of the contract for three years at the dealer's established place of business.

D. Each record required by this section and all inventories relating to the records of a licensee shall be available at all times for physical inspection by agents of the department or members of the highway patrol division. The agents or members may enter on premises where the records or inventories are located during normal business hours for purposes of the inspection. The licensee or any designated employee or agent may accompany any person making the inspection while the person is on the licensee's premises.

E. The licensee is only liable to a person making an inspection under this section for an injury arising out of the condition of the premises that occurs while the person is on the licensee's premises if the licensee knowingly allows the person to encounter a hidden peril or wantonly or wilfully causes the person harm.

F. A wholesale motor vehicle dealer shall submit electronically to the department any documents that are requested by the department during the wholesale motor vehicle dealer's reported business hours and that are prescribed in this section. The wholesale motor vehicle dealer shall submit the requested documents within forty-eight hours after the request is transmitted.
A.R.S. § 28-4463 — Arizona Code / Title 28 / Chapter 10 / Article 5 / Section 4463
28-4463 Burden of proof and consideration
Status: in_force

28-4463. Burden of proof and consideration

In determining whether good cause for the refusal to honor the succession exists, the manufacturer:

1. Has the burden of proving that the successor is a person who is not of good moral character or does not meet the franchisor's existing and reasonable standards, including financial standards.

2. Must consider the volume of sales and service of the new motor vehicle dealer using uniformly applied minimum business experience standards in the market area.
A.R.S. § 28-3053 — Arizona Code / Title 28 / Chapter 8 / Article 2 / Section 3053
28-3053 Student transportation advisory council
Status: in_force

28-3053. Student transportation advisory council

A. The student transportation advisory council is established consisting of the following members appointed by the governor:

1. One member representing the department of public safety.

2. One member representing the state board of education.

3. One member representing the state board for charter schools.

4. One member from a school district with a student count of less than six hundred in a county with a population of less than three hundred thousand persons.

5. One member from a school district with a student count of six hundred or more but less than three thousand.

6. One member from a school district with a student count of more than three thousand.

7. One member representing transportation administrators.

8. One member who is a certified school bus driver or school bus driver instructor.

9. One member representing a private sector school bus service provider or a private sector student transportation service provider.

10. One member from a charter school with a student count of less than six hundred.

11. One member from a charter school with a student count of more than six hundred.

12. One member with expertise in electric vehicle fleets, electric vehicle charging infrastructure or charging management services.

13. Two public members.

B. The members shall serve staggered three-year terms unless a member vacates the position. Appointment to fill a vacancy resulting other than from expiration of a term is for the unexpired portion of the term only.

C. The student transportation advisory council shall:

1. Meet at least twice annually.

2. Select a chairperson from its members.

3. Advise and assist the department of public safety in developing the rules required by sections 28-900 and 28-3228.

4. Recommend curricula for school bus driver safety and training courses required by section 28-3228.

5. Advise and consult with the department of public safety concerning matters related to the certification of school bus drivers and the safety of school buses and vehicles described in section 15-925.

6. Advise and consult with the department of public safety concerning matters related to modernizing and innovating K-12 student transportation to reduce transportation barriers for students, increase access to public school options and provide more transportation options for school districts and charter schools, including electric transportation.

7. Advise and consult with the department of administration concerning purchasing strategies to maximize transportation resources and find efficiencies to modernize and properly size transportation vehicles and systems.

8. Establish a mailing list that includes any party expressing an interest in the council's activities. The council shall provide written notice to each person on the list at least fifteen days before the date on which the meeting is to be held. The notice shall be sent by mail or electronic means to the party's last address of record with the council or by any other method reasonably calculated to effect actual notice to any party expressing interest in the council's activities. Written notice by electronic means is effective when transmitted. For other methods written notice is effective on receipt or five days after the date shown on the postmark stamped on the envelope, whichever is earlier.

9. Preapprove contract carriers and private parties as prescribed in section 15-923, subsection B.

D. Members of the student transportation advisory council are not eligible to receive compensation or reimbursement for expenses.
A.R.S. § 28-3474 — Arizona Code / Title 28 / Chapter 8 / Article 8 / Section 3474
28-3474 Permitting unauthorized minor to drive; classification
Status: in_force

28-3474. Permitting unauthorized minor to drive; classification

A person who knowingly causes or permits the person's child or ward or any person under eighteen years of age to drive a motor vehicle on a highway if the person is not authorized under this chapter or in violation of this chapter is guilty of a class 2 misdemeanor.
A.R.S. § 28-3226 — Arizona Code / Title 28 / Chapter 8 / Article 5 / Section 3226
28-3226 Limitation on number of driver licenses
Status: in_force

28-3226. Limitation on number of driver licenses

A driver of a commercial motor vehicle shall not have more than one driver license, except during the ten day period beginning on the date the person is issued a driver license in this state to allow the driver to return to the department a commercial driver license currently held by the driver.
A.R.S. § 28-6807 — Arizona Code / Title 28 / Chapter 19 / Article 4 / Section 6807
28-6807 Toll rates; violation; classification
Status: in_force

28-6807. Toll rates; violation; classification

A. When the certificate of completion is filed, tollgates may be erected and tolls may be collected.

B. The board of supervisors shall fix and regulate the rates of tolls for franchises granted under this article within the limits of its county, giving due regard to the cost of construction, magnitude of the structure and expenses incidental to the toll road and maintenance. The rates may be changed after notice to the owners and the public given by posting notice on the property and after a hearing. The rates of tolls shall be printed or painted in a plain and legible manner on a bulletin board posted at each tollgate on the road.

C. A person who knowingly demands or collects a higher rate of toll than fixed by the board is guilty of a class 2 misdemeanor.

D. If a person traveling on a toll road attempts to run by or go around a tollgate established on a toll road with the intention of avoiding the payment of the toll, the person is guilty of a petty offense.
A.R.S. § 28-451 — Arizona Code / Title 28 / Chapter 2 / Article 5 / Section 451
28-451 Maintaining records
Status: in_force

28-451. Maintaining records

A. If pursuant to this title an application or record is required to be filed, an index is required to be maintained or a record is required to be compiled and if the director adopts rules to provide that the filing, indexing or compilation be accomplished by use of a computer so that on inquiry to the computer it is capable of disclosing and reproducing all information required by law, the director is not required to file, compile or index records other than by the use of a computer.

B. If a computer is used, the director shall preserve applications or records from which the information was obtained for as long as required by law or until a new application is filed by an applicant or a new record is received and the application or record is no longer needed to carry out the provisions of this title.

C. The director is not required to store signatures on applications or on records.
A.R.S. § 28-796 — Arizona Code / Title 28 / Chapter 3 / Article 10 / Section 796
28-796 Pedestrian on roadways
Status: in_force

28-796. Pedestrian on roadways

A. If sidewalks are provided, a pedestrian shall not walk along and on an adjacent roadway.

B. If sidewalks are not provided, a pedestrian walking along and on a highway shall walk when practicable only on the left side of the roadway or its shoulder facing traffic that may approach from the opposite direction.

C. A person shall not stand in a roadway for the purpose of soliciting a ride from the driver of a vehicle.
A.R.S. § 28-2131 — Arizona Code / Title 28 / Chapter 7 / Article 4 / Section 2131
28-2131 Liens and encumbrances; validity
Status: in_force

28-2131. Liens and encumbrances; validity

The following, other than a lien dependent on possession, are not valid against the creditors of an owner acquiring a lien by levy or attachment or against subsequent purchasers or encumbrancers without notice until the requirements of this article are met:

1. Any security agreement, conditional sale contract, conditional lease, chattel mortgage or other lien or encumbrance.

2. A certificate of title retention instrument or any other instrument affecting or evidencing title to, ownership of or reservation of title to a vehicle required to be issued a certificate of title and registered under section 28-2153 or a mobile home required to be issued a certificate of title under section 28-2063.

3. A contract for conveyance of real property, deed of trust or mortgage securing a lien on a mobile home and on real property.
A.R.S. § 28-9123 — Arizona Code / Title 28 / Chapter 26 / Article 2 / Section 9123
28-9123 Survey of public transportation needs
Status: in_force

28-9123. Survey of public transportation needs

A. The board shall conduct a periodic survey of public transportation needs in the authority and determine an appropriate public transportation system to meet those needs and the means to finance the system.  The board shall consider whether to operate the system directly or to contract with outside parties for the operation of all or part of the system.

B. Each year the board shall produce a five year public transportation program that is consistent with the regional transportation plan approved by the regional council of governments.  The five year program shall:

1. Contain public transportation projects financed with monies from federal, state and local funding.

2. Contain a description of each project, including a schedule of expenditures and a source of funding for each project.

3. Identify the entity that is responsible for implementing each project or phase of the public transportation program.

4. Define and identify regional public transportation corridors.

5. Define the public transportation problems, goals and needs for each corridor and policies and priorities for meeting those goals and needs.

6. Determine a mix of public transportation modes appropriate for development in light of the public transportation goals and needs for each corridor.

7. Locate routes and access points to the public transportation systems.

8. Determine the ridership capacity and use of public transportation systems.

C. The five year public transportation program shall include, in addition to the appropriate items prescribed in subsection B of this section, the following items presented on an individual fiscal year basis:

1. The capital and operating costs of the public transportation system.

2. The revenue needed by source, according to section 28-9142, to fund the public transportation system.
A.R.S. § 28-8477 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8477
28-8477 Remedies
Status: in_force

28-8477. Remedies

A. The political subdivision or agency adopting airport zoning regulations under this article may institute in a court of competent jurisdiction an action to restrain, correct or abate a violation of this article, an airport zoning regulation adopted under this article or an order or ruling made in connection with the administration or enforcement of this article or the regulations.

B. The court shall award relief in an action brought under this section by injunction or otherwise as is proper to fully effectuate the purposes of this article and the regulations, orders and rulings made pursuant to this article.
A.R.S. § 28-4148 — Arizona Code / Title 28 / Chapter 9 / Article 4 / Section 4148
28-4148 Notice of insurance cancellation or nonrenewal
Status: in_force

28-4148. Notice of insurance cancellation or nonrenewal

A. Effective from and after January 1, 1998 and through July 31, 1998, each insurer who cancels or becomes aware of the cancellation or nonrenewal of or failure to renew or issuance of a motor vehicle liability insurance policy issued on a vehicle in this state shall provide to the department all cancellations, nonrenewals or new issues for any reason after thirty or fewer days have elapsed from the time of processing the cancellation, nonrenewal or new issue of a policy.

B. Effective August 1, 1998, each insurer who cancels or becomes aware of the cancellation or nonrenewal of or failure to renew or issuance of a motor vehicle liability insurance policy issued on a vehicle in this state shall provide to the department all cancellations, nonrenewals or new issues for any reason after seven or fewer days have elapsed from the time of processing the cancellation, nonrenewal or new issue of a policy. Any insurer with less than ten thousand policies in place as of the effective date of this section, shall have until August 1, 1999 to comply with the requirements of this section.

C. The insurer shall provide the information by electronic data interchange in a format pursuant to a schedule specified by and in a manner prescribed by the director.

D. The department shall not require an insurer to specify the vehicle identification number of a vehicle covered under a commercial vehicle policy that provides automatic coverage for additional or newly acquired vehicles until the policy's expiration date.

E. The department shall provide the notice of cancellation or nonrenewal information to all law enforcement agencies on an on-line computerized call in basis from law enforcement vehicles.

F. On cancellation or nonrenewal of a policy, an insurer shall notify the insured that the department has been notified of the cancellation or nonrenewal and that the insured's motor vehicle registration may be suspended.

G. Except as provided in section 28-4143, subsection E, information provided by an insurer to the department pursuant to this section shall be made available only to law enforcement agencies for law enforcement purposes.
A.R.S. § 28-905 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 905
28-905 Opening vehicle door
Status: in_force

28-905. Opening vehicle door

A person shall not open a door on a motor vehicle unless it is reasonably safe to do so and can be done without interfering with the movement of other traffic. A person shall not leave a door open on a side of a motor vehicle exposed to moving traffic for a period of time longer than necessary to load or unload a passenger.
A.R.S. § 28-7153 — Arizona Code / Title 28 / Chapter 20 / Article 7 / Section 7153
28-7153 Condemnation; litigation expenses
Status: in_force

28-7153. Condemnation; litigation expenses

A. The court having jurisdiction of a proceeding instituted by the department to acquire real property by condemnation shall award the owner of any right to, title to or interest in the real property an amount that will reimburse the owner for the owner's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings, if any of the following occurs:

1. The final judgment is that the department cannot acquire the real property by condemnation.

2. The proceeding is abandoned or dismissed on a motion by the department as authorized by section 28-7100.

B. The court rendering a judgment for the plaintiff in a proceeding brought under section 28-7052 awarding compensation for the taking of property by the department in effecting a settlement of that proceeding shall determine and award to the plaintiff, as a part of the judgment or settlement, an amount that in the opinion of the court or the department will reimburse the plaintiff for the plaintiff's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the proceeding.
A.R.S. § 28-948 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 948
28-948 Snow removal equipment lamps
Status: in_force

28-948. Snow removal equipment lamps

A person shall not operate snow removal equipment on a highway unless the lamps on the equipment comply with and are lighted when and as required by applicable federal safety standards and specifications.
A.R.S. § 28-4556 — Arizona Code / Title 28 / Chapter 10 / Article 7 / Section 4556
28-4556 Disposition of fees; highway user revenue fund
Status: in_force

28-4556. Disposition of fees; highway user revenue fund

Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees collected under this article in the Arizona highway user revenue fund.
A.R.S. § 28-459 — Arizona Code / Title 28 / Chapter 2 / Article 5 / Section 459
28-459 Voluntary notation; customer records; law enforcement disclosure; definitions
Status: in_force

28-459. Voluntary notation; customer records; law enforcement disclosure; definitions

A. A person with a driver license or nonoperating identification license issued by the department may request that the department note in the department’s customer record that the person may need a communication accommodation.

B. The owner of a vehicle registered in this state may request that the department note in the department’s vehicle record that there may be an occupant of the vehicle that may need a communication accommodation.

C. The request shall be made in a method determined by the department.

D. The department shall establish procedures to make the notations available only to law enforcement agencies.

E. For the purposes of this section:

1. "Communication accommodation" means that a person has a disability that can impair communication and the person may require an accommodation.

2. "Disability that can impair communication" means a condition that can impair a person's ability to receive, send, process or comprehend concepts of verbal or nonverbal communication or graphic symbols.
A.R.S. § 28-6534 — Arizona Code / Title 28 / Chapter 18 / Article 2 / Section 6534
28-6534 Arizona highway user revenue fund distribution; economic strength project fund
Status: in_force

28-6534. Arizona highway user revenue fund distribution; economic strength project fund

No later than June 15 of each fiscal year, the department shall allocate and transfer one million dollars from revenues of the Arizona highway user revenue fund to the economic strength project fund established by section 28-7282.
A.R.S. § 28-1226 — Arizona Code / Title 28 / Chapter 3 / Article 22 / Section 1226
28-1226 Equipment
Status: in_force

28-1226. Equipment

A. A personal delivery device must be equipped with both of the following:

1. A marker that clearly states the name and contact information of the owner and a unique identification number.

2. A braking system that enables the device to come to a controlled stop.

B. A personal delivery device that is operated at nighttime must be equipped with lights on the front and rear of the personal delivery device that are visible and recognizable under normal atmospheric conditions on all sides of the device from one to five hundred feet from the device when the lights are directly in front of lower beams of headlamps as prescribed in section 28-924.
A.R.S. § 28-8291 — Arizona Code / Title 28 / Chapter 25 / Article 3 / Section 8291
28-8291 Prior convictions allowed
Status: in_force

28-8291. Prior convictions allowed

A. The court:

1. Shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-8282 that is filed twenty or more days before the date the case is actually tried.

2. May allow the allegation of a prior conviction or any other pending charge of a violation of section 28-8282 that is filed any time before the date the case is actually tried.

B. When the allegation is filed, the state shall make available to the defendant a copy of any information obtained concerning the prior conviction or other pending charge.

C. The sequence of court dispositions of pending cases is immaterial if the offenses were committed within sixty months.
A.R.S. § 28-8411 — Arizona Code / Title 28 / Chapter 25 / Article 6 / Section 8411
28-8411 Authority of cities, towns and counties; limitation
Status: in_force

28-8411. Authority of cities, towns and counties; limitation

A. The governing body of a city or town or the board of supervisors of a county may:

1. Acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate airports for the use of aircraft within or outside the limits of the city, town or county.

2. For the purpose described in paragraph 1 of this subsection, use property that is suitable and that is or may hereafter be owned or controlled by the city, town or county.

B. This section does not:

1. Authorize the governing body of a city or town or the board of supervisors of a county to restrict or limit the length or width of an airstrip or runway used for the landing and takeoff of aircraft, and any such restriction or limitation is void.

2. Affect the zoning authority of a county, city or town pursuant to other provisions of law.
A.R.S. § 28-442 — Arizona Code / Title 28 / Chapter 2 / Article 5 / Section 442
28-442 Records; evidence
Status: in_force

28-442. Records; evidence

A. A certified duplicate is deemed an original for all purposes and is admissible in evidence without further foundation in all courts or administrative agencies.

B. The display by a person of evidence on a wireless communication device pursuant to this title does not constitute consent for law enforcement to access other content of the wireless communication device.
A.R.S. § 28-5724 — Arizona Code / Title 28 / Chapter 16 / Article 2 / Section 5724
28-5724 Failure to file report; assessment; license revocation or suspension
Status: in_force

28-5724. Failure to file report; assessment; license revocation or suspension

A. If a person fails, neglects or refuses to make a report required by this article, the director shall make an estimate for the month for which the licensee failed to make the report based on any information available to the director.

B. The director shall give the person written notice of the assessment served personally or by mail addressed to the person at the person's address of record in the office of the director.

C. If a person fails, neglects or refuses to make a report required by this article with full payment of the tax due, the director may revoke or suspend the person's license.
A.R.S. § 28-851 — Arizona Code / Title 28 / Chapter 3 / Article 12 / Section 851
28-851 Railroad crossing; safety
Status: in_force

28-851. Railroad crossing; safety

A. Except as provided in subsection B of this section, when a person driving a vehicle approaches a railroad grade crossing, the driver of the vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad and may not proceed if any of the following applies:

1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment.

2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment.

3. A railroad train or other on-track equipment approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such a distance and the railroad train or other on-track equipment is an immediate hazard by reason of its speed or proximity to the crossing.

4. An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing.

5. Any other condition exists that makes it unsafe to proceed through the crossing.

B. An operator of a vehicle who suspects a false activation or malfunction of a railroad grade crossing signal device where there is no gate or barrier may proceed through the railroad grade crossing after stopping if all of the following apply:

1. The operator of the vehicle has a clear line of sight of at least one mile of the railroad tracks in all directions.

2. There is no evidence of an approaching railroad train or other on-track equipment.

3. The vehicle may cross over the tracks safely.

4. If the vehicle is a school bus, the operator complies with written district policy.

C. An operator of a vehicle may not make a u-turn or turn the vehicle to proceed in the opposite direction on a railroad track or railroad grade crossing.

D. A person shall not proceed through, around, over or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

E. A pedestrian shall not do any of the following:

1. Enter or remain within the area between a railroad track and a railroad sign or signal if the railroad grade crossing is active.

2. Occupy or remain on a railroad grade crossing when the railroad sign or signal is not active except to cross the railroad crossing on a designated walkway.

3. Remain in an area between railroad signs or signals, railroad gates or rail crossing arms if the railroad grade crossing is active.
A.R.S. § 28-4010 — Arizona Code / Title 28 / Chapter 9 / Article 1 / Section 4010
28-4010 Motor vehicle liability policy; primary and excess coverage
Status: in_force

28-4010. Motor vehicle liability policy; primary and excess coverage

A. If two or more policies affording valid and collectible motor vehicle liability insurance apply to the same motor vehicle that is involved in an occurrence out of which a liability loss arises and one of the policies affords coverage to a named insured engaged in the business of selling, repairing, servicing, delivering, testing, road testing, parking or storing motor vehicles, both of the following are conclusively presumed:

1. If at the time of loss the motor vehicle is being operated by a person engaged in one of the businesses or by the person's employee or agent, the insurance afforded by the policy issued to the person engaged in the business is primary and the insurance afforded by any other policy is excess.

2. If at the time of loss the motor vehicle is being operated by a person other than a person described in this subsection, the insurance afforded by the policy issued to a person engaged in a business described in this subsection is excess over all other insurance available to the operator as a named insured or otherwise.

B. Except as provided in subsection A, if two or more policies affording valid and collectible liability insurance apply to the same motor vehicle that is involved in an occurrence out of which a liability loss arises, it is conclusively presumed that the insurance afforded by that policy in which the motor vehicle is described or rated as an owned automobile is primary and the insurance afforded by any other policy or policies is excess.

C. The presumptions stated in subsection A may be modified or amended only by a written agreement signed by all insurers who have issued a policy or policies applicable to a loss described in subsection A and all named insureds under these policies.
A.R.S. § 28-2169 — Arizona Code / Title 28 / Chapter 7 / Article 5 / Section 2169
28-2169 Intrastate commercial vehicle registration; required numbers
Status: in_force

28-2169. Intrastate commercial vehicle registration; required numbers

The department may require by rule that an applicant for registration of a vehicle that is subject to the gross weight fees imposed pursuant to section 28-5432 have a United States department of transportation number and provide to the director a United States department of transportation number and a federal taxpayer identification number issued to the applicant for registration before the vehicle may be registered to travel in this state.
A.R.S. § 28-2418 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2418
28-2418 Navajo nation special plates
Status: in_force

28-2418. Navajo nation special plates

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

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 shall transmit all donations collected pursuant to this section to the Navajo nation department of highway safety.  The Navajo nation department of highway safety shall use these monies only for traffic control devices that conform to the manual and specifications prescribed in section 28-641 on highways on the Navajo reservation that are located in this state and that are not state highways.
A.R.S. § 28-7671 — Arizona Code / Title 28 / Chapter 21 / Article 5 / Section 7671
28-7671 Definitions
Status: in_force

28-7671. Definitions

In this article, unless the context otherwise requires:

1. "Eligible highway project" means a highway project that is both:

(a) On the federal aid system, national highway system or state route or state highway system.

(b) Included in either:

(i) The department's state highway construction plan.

(ii) The transportation improvement plan of a regional association of governments.

2. "Eligible transit capital project" means land, buildings or motor vehicles or a combination of land, buildings and motor vehicles that is included in the transportation improvement plan of a regional association of governments and that is part of the federal transit administration's rural public transportation program for entities that are eligible pursuant to section 28-7676 and that have populations of less than fifty thousand persons.

3. "Eligible transportation project" means a transportation project that is eligible pursuant to section 28-7676.

4. "Federal SIB act" means section 350 of the national highway system designation act of 1995 (P.L. 104-59; 109 Stat. 618), any regulations adopted pursuant to that section and any other provisions of federal law providing for state infrastructure banks, infrastructure credit programs and other grant programs for highway purposes and any regulations adopted pursuant to those laws.

5. "Fund" means the highway expansion and extension loan program fund established by section 28-7674.

6. "Indian tribe" means any Indian tribe, band, group or community that is recognized by the United States secretary of the interior and that exercises governmental authority within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent and including rights-of-way running through the reservation.

7. "Loan repayment agreement" means one or more loan agreements, instruments or other agreements providing for repayment of a loan or other financial assistance and entered into by this state or its agencies, including the department, or a political subdivision or Indian tribe.

8. "Political subdivision" means a county, city, town or special taxing district authorized by law to construct or assist in the construction of an eligible highway project or a county, city, town or special taxing district established pursuant to section 48-5102 to construct or assist in the construction of a transportation project.

9. "SIB cooperative agreement" means a cooperative agreement or agreements entered into by the Arizona department of transportation with the United States department of transportation pursuant to this article and the federal SIB act.

10. "Transportation project" means all or a portion of a project that is included in the state's transportation improvement program or a plan, as defined in section 28-6351, including the project planning, environmental work, design, right-of-way acquisition or construction for the transportation project and associated rolling stock and operating systems but not including an eligible highway project.
A.R.S. § 28-6006 — Arizona Code / Title 28 / Chapter 16 / Article 6 / Section 6006
28-6006 Administration same as for motor vehicle fuel tax
Status: in_force

28-6006. Administration same as for motor vehicle fuel tax

A. Section 28-5607, subsection B, sections 28-5602, 28-5603, 28-5619, 28-5620, 28-5621 and 28-5622 and article 5 of this chapter apply to the persons from whom the underground storage tank tax is collected pursuant to section 28-6001 so that the underground storage tank tax is administered in the same manner as motor fuel taxes.

B. Penalties, late filing fees and interest collected by the department of transportation shall be remitted to the director of the department of environmental quality in the same manner as the tax collected pursuant to this article.
A.R.S. § 28-6541 — Arizona Code / Title 28 / Chapter 18 / Article 2 / Section 6541
28-6541 Arizona highway user revenue fund distribution; limitations
Status: in_force

28-6541. Arizona highway user revenue fund distribution; limitations

The percentages, proportions, allocations and distributions prescribed by this article are subject to the following limitations:

1. If the total highway user revenues derived and credited to the Arizona highway user revenue fund equal or exceed the total highway user revenues derived in the fiscal year ending June 30, 1973, the state and any county shall not receive from these revenues for the use of each and for distribution to cities and towns fewer dollars than were received and distributed in the fiscal year ending June 30, 1973.

2. If the total highway user revenues derived and credited to the Arizona highway user revenue fund do not equal or exceed the total highway user revenues derived in the fiscal year ending June 30, 1973, the state and any county shall receive from these revenues for the use of each and for distribution to cities and towns their pro rata allocation based on the percentages as provided in section 28-6538, subsection A.
A.R.S. § 28-1102 — Arizona Code / Title 28 / Chapter 3 / Article 18 / Section 1102
28-1102 Weighing of vehicles and loads; civil penalty
Status: in_force

28-1102. Weighing of vehicles and loads; civil penalty

A. A police or peace officer having reason to believe that the weight of a vehicle and load does not conform to this article may require the driver to:

1. Stop and submit to a weighing of the vehicle and load by means of either portable or stationary scales.

2. Drive the vehicle to the nearest public scales, if the scales are within two miles.

B. If on weighing a vehicle and load pursuant to subsection A of this section an officer determines that the weight does not conform to this article, the officer may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load is removed as necessary to reduce the gross weight of the vehicle to the limit allowed under this article.  The owner or operator shall care for the material unloaded at the risk of the owner or operator.

C. A driver of a vehicle is subject to a civil penalty of $250 who either:

1. Knowingly fails or refuses to stop and submit the vehicle and load to a weighing.

2. Knowingly fails or refuses when directed by an officer on a weighing of the vehicle to stop the vehicle and otherwise comply with subsections A and B of this section.

D. A peace officer as defined in section 41-1701 or any other peace officer designated by the director may require the weighing of a commercial vehicle by means of portable scales at any time.  Failure to submit to weighing as required by this subsection is punishable by a civil penalty, the minimum of which is the minimum civil penalty for over six thousand pounds overweight as prescribed in section 28-1101, subsection B.
A.R.S. § 28-4844 — Arizona Code / Title 28 / Chapter 11 / Article 2 / Section 4844
28-4844 Affidavit; stolen vehicle; suspension of registration
Status: in_force

28-4844. Affidavit; stolen vehicle; suspension of registration

A. When the owner of a motor vehicle, trailer or semitrailer that is stolen or embezzled files an affidavit with the department alleging the vehicle is stolen or embezzled, the department shall immediately suspend registration of the vehicle and shall not transfer the registration or reregister the vehicle until it is notified that the owner has recovered the vehicle.

B. The affidavit is effective only during the current registration year in which given, but if during that year the vehicle is not recovered, the owner may file a new affidavit with like effect for the ensuing year.

C. An owner who has filed an affidavit of theft or embezzlement shall immediately notify the department of the recovery of the vehicle.
A.R.S. § 28-649 — Arizona Code / Title 28 / Chapter 3 / Article 3 / Section 649
28-649 Interference with official traffic control device or railroad sign or signal; possession of traffic preemption emitter; classification; definition
Status: in_force

28-649. Interference with official traffic control device or railroad sign or signal; possession of traffic preemption emitter; classification; definition

A. A person shall not attempt without lawful authority to or in fact alter, deface, injure, knock down or remove an official traffic control device, a railroad sign or signal or an inscription, shield or insignia on any device, sign or signal or any part of the device, sign or signal.

B. A person shall not possess a traffic preemption emitter unless the person is authorized to possess a traffic preemption emitter within the course and scope of the person's duties with a law enforcement agency, fire department, ambulance service or agency of the federal government, this state or a political subdivision of this state.

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

D. For the purposes of this section, "traffic preemption emitter" means strobe, strobe light or any device that is capable of changing the display of any traffic control device used to control the movement of vehicles, bicycles or pedestrians.
A.R.S. § 28-725 — Arizona Code / Title 28 / Chapter 3 / Article 7 / Section 725
28-725 Limitations on overtaking on the left
Status: in_force

28-725. Limitations on overtaking on the left

A person shall not drive a vehicle to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. The overtaking vehicle shall return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.
A.R.S. § 28-1174 — Arizona Code / Title 28 / Chapter 3 / Article 20 / Section 1174
28-1174 Operation restrictions; violation; classification; citation
Status: in_force

28-1174. Operation restrictions; violation; classification; citation

A. A person may not operate or allow a minor who is under twelve years of age to operate an off-highway vehicle:

1. With reckless disregard for the safety of persons or property.

2. Off of an existing road, trail or route in a manner that causes damage to wildlife habitat, riparian areas, cultural or natural resources or property or improvements.

3. On roads, trails, routes or areas closed as indicated in rules or regulations of a federal agency, this state, a county or a municipality or by proper posting if the land is private land.

4. Over unimproved roads, trails, routes or areas unless driving on roads, trails, routes or areas where such driving is allowed by rule or regulation.

B. A person shall operate or allow a minor who is under twelve years of age to operate an off-highway vehicle only on roads, trails, routes or areas that are opened as indicated in rules or regulations of a federal agency, this state or a county or a municipality.

C. A person shall not operate or allow a minor who is under twelve years of age to operate an off-highway vehicle in a manner that damages the environment, including excessive pollution of air, water or land, abuse of the watershed or cultural or natural resources or impairment of plant or animal life, where it is prohibited by rule, regulation, ordinance or code.

D. A person shall not place or remove a regulatory sign governing off-highway vehicle use on any public or state land.  This subsection does not apply to an agent of an appropriate federal, state, county, town or city agency operating within that agency's authority.

E. Except as provided in subsection I of this section, a person who violates subsection A, paragraph 1 is guilty of a class 2 misdemeanor.

F. Except as provided in subsection I of this section, a person who violates any other provision of this section is guilty of a class 3 misdemeanor.

G. In addition to or in lieu of a fine pursuant to this section, a judge may order the person to perform at least eight but not more than twenty-four hours of community restitution or to complete an approved safety course related to the off-highway operation of motor vehicles, or both.

H. Subsections A and B of this section do not prohibit a private landowner or lessee from performing normal agricultural or ranching practices while operating an all-terrain vehicle or an off-highway vehicle on the private or leased land.

I. If a minor who is under twelve years of age violates this section, a citation shall be issued to the parent or legal guardian of the minor and not to the minor.  If a minor who is at least twelve years of age and under sixteen years of age violates this section, a citation may be issued to the minor or to the parent or legal guardian of the minor, but not to both.
A.R.S. § 28-5927 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5927
28-5927 Transfer; off-highway vehicle recreation fund
Status: in_force

28-5927. Transfer; off-highway vehicle recreation fund

Fifty-five one hundredths of one per cent of the total taxes on motor vehicle fuel shall be transferred from the monies collected pursuant to section 28-5606 to the off-highway vehicle recreation fund established by section 28-1176 on a monthly basis.