A.R.S. § 28-7367 — Arizona Code / Title 28 / Chapter 20 / Article 13 / Section 7367
28-7367 Multiple contracts for the same job-order-contracting construction services to be awarded to separate persons or firms in a single procurement; contract requirements
Status: in_force

28-7367. Multiple contracts for the same job-order-contracting construction services to be awarded to separate persons or firms in a single procurement; contract requirements

A. The department may procure in a single procurement multiple contracts for the same job-order-contracting construction services to be awarded to separate persons or firms pursuant to this section.

B. The department shall provide notice of each procurement of multiple contracts for the same job-order-contracting construction services to be awarded to separate persons or firms prescribed in this section and shall award contracts on the basis of demonstrated competence and qualifications for the type of job-order-contracting construction services pursuant to the procedures prescribed in this section.

C. In the procurement of multiple contracts for the same job-order-contracting construction services to be awarded to separate persons or firms pursuant to this section:

1. The department shall issue a request for qualifications for each procurement and publish notice of the request for qualifications in the same manner as provided in section 28-6923.  The request for qualifications shall:

(a) State that multiple contracts for the same job-order-contracting construction services may or will be awarded, the number of contracts that may or will be awarded, the services to be performed under each of the multiple contracts and that each of the multiple contracts will be awarded to a separate person or firm.

(b) Include the number of persons or firms to be included on the final list.  The number on the final list shall be the number of contracts that may or will be awarded plus a number that is determined by the department and that is not more than five.

(c) State the criteria to be used by the selection team to select the persons or firms to perform the job-order-contracting construction services. The request for qualifications shall also state in a manner determined by the department the relative weight of the selection criteria.

(d) If the department will hold interviews as part of the selection process, state that interviews shall be held with a number of persons or firms equal to the number of contracts that may or will be awarded plus a number that is determined by the department and that is not more than five.

2. For each request for qualifications, the department shall initiate a selection team pursuant to section 28-7365, subsection B.  A person who is a member of a selection team shall not be a contractor under the contract or provide construction, construction services, materials or services under the contract.  The selection team shall:

(a) Evaluate the statements of qualifications and performance data that are submitted in response to the department's request for qualifications.

(b) If determined by the department and included by the department in the request for qualifications, conduct interviews with the number of persons or firms to be interviewed as stated in the request for qualifications regarding the contract and the relative methods of approach for furnishing the required construction services.

(c) After any interviews or if interviews are not held, in order of preference, based on the criteria and the weighting of criteria established and published by the department and included in the request for qualifications, select the final list of persons or firms the selection team deems to be the most qualified to provide the construction services and, in the case of a contract that will be negotiated under subsection E of this section, rank the persons or firms on the final list in order of preference. The selection team shall base the selection of the final list and the order of preference only on demonstrated competence and qualifications.  The number of persons or firms on the final list shall be the number of persons or firms specified in the request for qualifications, except that:

(i) If a smaller number of responsive and responsible persons or firms respond to the solicitation, the department may have the selection team proceed with the selection process, including interviews and the final list, with the remaining persons or firms if at least two persons or firms remain or the department may readvertise pursuant to this subsection as the department deems necessary or appropriate.

(ii) If only one responsive and responsible person or firm responds to a solicitation for a contract to be negotiated pursuant to subsection E of this section, the department may proceed with only one person or firm in the selection process and may award the contract to a single person or firm if the department determines in writing that the fee negotiated pursuant to subsection E of this section is fair and reasonable and that either other prospective persons or firms had reasonable opportunity to respond or there is not adequate time for a resolicitation.

(iii) If a person or firm on the final list withdraws or is removed from the selection process and the selection team determines that it is in the best interest of the department, the selection team may replace that person or firm with the person or firm that submitted qualifications and that is selected by the selection team as the next most qualified.

(d) Base the selection of the final list and order of preference on the final list only on demonstrated competence and qualifications.

3. The department and the selection team shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process under this subsection or subsection D of this section, including the selection of the persons or firms to be interviewed, the selection of the persons or firms to be on the final list, in determining the order of preference of persons or firms on the final list or for any other purpose in the selection process.

D. The department shall award the multiple contracts for job-order-contracting construction services to the separate persons or firms on the final list prepared pursuant to subsection C of this section as provided in subsection E or F of this section, except that, if fewer than the number of persons or firms on the final list respond to the request for proposals pursuant to subsection F of this section but at least two persons or firms on the final list submit responsive proposals, or if one or more of the persons or firms on the final list drop out of the selection process pursuant to subsection E or F of this section:

1. If there are three or more remaining persons or firms, the department shall proceed with the selection process.

2. If there are only two remaining persons or firms, as the department deems necessary and appropriate, the department may proceed with the selection process with the two persons or firms or may terminate the selection process and may readvertise pursuant to subsection C of this section.

3. If there is only one remaining person or firm, the department may award one of the multiple contracts to the single person or firm pursuant to subsection E of this section if the department determines in writing that the fee negotiated pursuant to subsection E of this section is fair and reasonable and that either other prospective persons or firms had a reasonable opportunity to respond or there is not adequate time for a resolicitation.

E. For multiple contracts for the same job-order-contracting construction services included in the request for qualifications, the department shall enter into negotiations with the number of the highest qualified persons or firms on the final list equal to the number of contracts that may or will be awarded.  The negotiations shall include consideration of compensation and other contract terms that the department determines to be fair and reasonable to the department. In making this decision, the department shall take into account the estimated value, the scope, the complexity and the nature of the construction services to be rendered. If the department is not able to negotiate a satisfactory contract with a person or firm with whom the department has commenced negotiations at compensation and on other contract terms the department determines to be fair and reasonable, the department shall formally terminate negotiations with that person or firm.  The department may undertake negotiations with the next most qualified person or firm on the final list with whom the department is not then negotiating and with whom the department has not previously negotiated in sequence until an agreement is reached or a determination is made to reject all persons or firms on the final list. As to each contract for job-order-contracting construction services entered into pursuant to this subsection, construction shall not commence until the department and the contractor agree in writing on either a fixed price that the department will pay for the construction to be commenced or a guaranteed maximum price for the construction to be commenced.

F. As an alternative to subsection E of this section, the department may award multiple contracts for the same job-order-contracting construction services as follows:

1. The department shall use the selection team that is appointed for the request for qualifications pursuant to subsection C of this section.

2. The department shall issue a request for proposals to the persons or firms on the final list that is developed pursuant to subsection C of this section.

3. The request for proposals shall include:

(a) The department's project schedule and project final design and construction budget or life cycle budget for a procurement that includes maintenance services or operations services.

(b) A statement that the contract will be awarded to the offerors whose proposals receive the highest number of points under a scoring method.

(c) A description of the scoring method, including a list of the factors in the scoring method and the number of points allocated to each factor.

(d) A requirement that each offeror separately submit a technical proposal and a price proposal and that the offeror's entire proposal be responsive to the requirements in the request for proposals.

(e) A statement that in applying the scoring method the selection team will separately evaluate the technical proposal and the price proposal and will evaluate and score the technical proposal before opening the price proposal.

(f) If the department conducts discussions pursuant to paragraph 5 of this subsection, a statement that discussions will be held and a requirement that each offeror submit a preliminary technical proposal before the discussions are held.

4. If the department determines to conduct discussions pursuant to paragraph 5 of this subsection, each offeror shall submit a preliminary technical proposal to the department before those discussions are held.

5. If determined by the department and included by the department in the request for proposals, the selection team shall conduct discussions with all offerors that submit preliminary technical proposals.  Discussions shall be for the purpose of clarification to ensure full understanding of, and responsiveness to, the solicitation requirements. The department shall accord fair treatment to offerors with respect to any opportunity for discussion and for clarification by the owner. Revision of preliminary technical proposals shall be allowed after submission of preliminary technical proposals and before the award for the purpose of obtaining the best and final proposals. In conducting any discussions, information derived from proposals submitted by competing offerors shall not be disclosed to other competing offerors.

6. After any discussions pursuant to paragraph 5 of this subsection are completed or if discussions are not held, each offeror shall separately submit the offeror's final technical proposal and the offeror's price proposal.

7. Before opening any price proposal, the selection team shall open the final technical proposals, evaluate the final technical proposals and score the final technical proposals using the scoring method in the request for proposals.  No other factors or criteria may be used in the evaluation and scoring.

8. After the evaluation and scoring of all final technical proposals are completed, the selection team shall open the price proposals, evaluate the price proposals, score the price proposals and complete the scoring of the entire proposals using the scoring method in the request for proposals.  No other factors or criteria may be used in the evaluation and scoring.

9. The department shall award the multiple contracts for job-order-contracting construction services to the responsive and responsible offerors whose proposals receive the highest scores under the method of scoring in the request for proposals.  No other factors or criteria may be used in the evaluation.

10. The contract file shall contain the basis on which the award is made.

G. Until an award and execution of all of the multiple contracts by the department, only the name of each person or firm on the final list developed pursuant to subsection C of this section may be made available to the public. All other information received by the department in response to the request for qualifications or contained in the proposals is confidential in order to avoid disclosure of the contents that may be prejudicial to competing offerors during the selection process.  The department shall open the proposals to public inspection after the contract is awarded and the department has executed all of the multiple contracts. To the extent that the offeror designates and the department concurs, trade secrets and other proprietary data contained in a proposal remain confidential.

H. The department may cancel a request for qualifications or a request for proposals or reject in whole or in part any or all proposals as specified in the solicitation if it is in the best interest of the department. The department shall make the reasons for cancellation or rejection part of the contract file.

I. Notwithstanding any other law:

1. The contractor for job-order-contracting construction services is not required to be registered to perform design services pursuant to title 32, chapter 1 if the person or firm actually performing the design services on behalf of the contractor is appropriately registered.

2. The contractor for job-order-contracting construction services shall be licensed to perform construction pursuant to title 32, chapter 10.

3. The department shall not procure any construction services using the job-order-contracting construction services method of project delivery under this section after December 31, 2030. For the purposes of this paragraph, the department procures construction services if the department solicits the contract for construction services.  If the department solicits a contract for construction services on or before December 31, 2030, the contract may be executed and construction services under the contract may be rendered in whole or in part after December 31, 2030.

J. For job-order-contracting construction services only:

1. The maximum dollar amount of an individual job order shall be one million dollars or the higher or lower amount prescribed by the department.  Requirements shall not be artificially divided or fragmented in order to constitute a job order that satisfies this requirement.

2. If the contractor subcontracts or intends to subcontract any of the work under a job order and if the job-order-contracting construction services contract includes descriptions of standard individual tasks, standard unit prices for standard individual tasks and pricing of job orders based on the number of units of standard individual tasks in the job order:

(a) The contractor has a duty to deliver promptly to each subcontractor invited to bid a coefficient to the contractor to do all or part of the work under one or more job orders:

(i) A copy of the descriptions of all standard individual tasks on which the subcontractor is invited to bid.

(ii) A copy of the standard unit prices for the individual tasks on which the subcontractor is invited to bid.

(b) If not previously delivered to the subcontractor, the contractor has a duty to deliver promptly the following to each subcontractor invited to or that has agreed to do any of the work included in any job order:

(i) A copy of the description of each standard individual task that is included in the job order and that the subcontractor is invited to perform.

(ii) The number of units of each standard individual task that is included in the job order and that the subcontractor is invited to perform.

(iii) The standard unit price for each standard individual task that is included in the job order and that the subcontractor is invited to perform.

K. Each contract for job-order-contracting construction services shall contain a description of each separate location at which the construction will be performed and a requirement that the contractor include in each of the contractor subcontracts the same location description. The contractor shall include in each subcontract a description of each separate location at which the construction will be performed.

L. Except as otherwise provided in this section, sections 28-6923 and 28-6924, relating to bid, performance and payment bonds, change orders, progress payments, contract retention, definitions and authority to award contracts, apply to department job-order-contracting contracts for transportation facilities pursuant to this section.
A.R.S. § 28-4629 — Arizona Code / Title 28 / Chapter 10 / Article 9 / Section 4629
28-4629 Fees
Status: in_force

28-4629. Fees

A. The following fees are required:

1. For the registration certificate and the first two transporter license plates or tabs issued to a transporter, three hundred seventy-five dollars.

2. For each additional transporter license plate or tab and for replacement of each plate or tab, thirty dollars.

3. For replacement of lost certificates or for additional copies of a certificate, seven dollars fifty cents.

B. The fees provided in this section are in full consideration for the right to use the highways of this state and are in lieu of all other taxes and fees except fuel taxes and the motor carrier fee required by chapter 16, article 4 of this title.
A.R.S. § 28-1558 — Arizona Code / Title 28 / Chapter 5 / Article 3 / Section 1558
28-1558 Traffic complaints; disposition; records
Status: in_force

28-1558. Traffic complaints; disposition; records

A. On issuing a traffic complaint to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town, each traffic enforcement officer shall deposit the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.

B. On the deposit of the original or a copy of the traffic complaint with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the original or copy of the traffic complaint may be disposed of only by trial in the court or other official action by a judge of the court or a hearing officer, including forfeiture of the bail or by the deposit of sufficient bail with or payment of a fine or civil penalty to the traffic violations bureau by the person to whom the traffic complaint was issued.

C. It is unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic complaint or copies of a traffic complaint or of the record of the issuance of the complaint or copies in a manner other than as required by this article.

D. The chief administrative officer of each traffic enforcement agency shall require the return to the chief administrative officer of:

1. A copy of each traffic complaint issued by an officer under the chief administrative officer's supervision to an alleged violator of any traffic law or ordinance.

2. All copies of each traffic complaint that is spoiled or on which any entry has been made and not issued to an alleged violator.
A.R.S. § 28-3164 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3164
28-3164 Original applicants; examination
Status: in_force

28-3164. Original applicants; examination

A. The department may do any of the following:

1. Examine an applicant for an original driver license.

2. Accept the examination conducted by an authorized third party pursuant to chapter 13 of this title.  Beginning July 1, 2014, the third party must be authorized pursuant to section 28-5101.01 or 28-5101.03.

3. Accept documentation of successful completion of a driver training course approved by the department.  Beginning July 1, 2014, for a class D or G license the documentation must be provided by a third party authorized pursuant to section 28-5101.02.

4. Accept documentation that the applicant has successfully completed education on special performance equipment and medically related driving circumstances.  Beginning July 1, 2014, the documentation must be provided by a third party authorized pursuant to section 28-5101.02.

5. Accept documentation that the applicant has successfully completed driver education lessons provided by an instructor who is certified by the superintendent of public instruction.

B. The examination shall include all of the following:

1. A test of the applicant's:

(a) Eyesight.

(b) Ability to read and understand official traffic control devices.

(c) Knowledge of safe driving practices and the traffic laws of this state, including those practices and laws relating to bicycles.

(d) Knowledge of the effect of using a portable wireless communication device as defined in section 28-914 or engaging in other actions that could distract a driver on the safe or effective operation of a motor vehicle.

2. An actual demonstration of ability to exercise ordinary and reasonable control in the operation of a vehicle or vehicle combination of the type covered by the license classification or endorsement for which the applicant applies.

3. Other physical and mental examinations if the department finds them necessary to determine the applicant's fitness to safely operate a motor vehicle on the highways.

C. The department may examine an original applicant for a class M license or a motorcycle endorsement or the department may accept the examination conducted by an authorized third party pursuant to chapter 13, article 1 of this title or documentation of successful completion of a motorcycle training program approved by the department. Beginning July 1, 2014, the documentation of successful completion of a motorcycle training program must be provided by a third party motorcycle driver license training provider authorized pursuant to section 28-5101.02 or a motorcycle training program approved by the department and provided in another state or by the United States military. The department may examine an applicant who has a motorcycle license from another jurisdiction. This examination shall be the same as for all applicants, except that the department may make modifications it finds necessary to determine the applicant's fitness to operate a motorcycle, motor driven cycle or moped on the highways.

D. The department shall examine a person who holds a driver license issued by another country and who applies for an initial license in this state as an original applicant, except that the department may waive an actual demonstration of the ability to exercise ordinary and reasonable control in the operation of a motor vehicle if the person applies for a class D or G license and appears to meet the department's medical qualifications and if the out-of-state license is not revoked or is not expired for more than one year.

E. The department may waive the driving examination for initial applicants for a class M license or a motorcycle endorsement if all of the following conditions exist:

1. The applicant's current license indicates the applicant has been specifically licensed to operate a motorcycle.

2. The applicant appears to meet the department's medical qualifications.

3. The applicant's out-of-state license is not revoked or is not expired for more than one year.
A.R.S. § 28-6749 — Arizona Code / Title 28 / Chapter 19 / Article 2 / Section 6749
28-6749 Cooperative contracts with federal government
Status: in_force

28-6749. Cooperative contracts with federal government

A. The county highway commission may enter into cooperative contracts and agreements for construction of roads with the United States or any of its departments or agencies pursuant to an act of Congress.

B. The provisions of law relating to methods of spending monies derived from the sale of the bonds do not apply to these cooperative contracts. On order of the county highway commission, the county treasurer shall deposit any monies in the county treasury that are subject to the disposition or control of the county highway commission required under a cooperative contract in a United States depository designated by the officer of the United States authorized by law to enter into the contract to the credit of and to be spent by this officer under the terms of the contract.
A.R.S. § 28-4503 — Arizona Code / Title 28 / Chapter 10 / Article 6 / Section 4503
28-4503 Out-of-business cancellations; hearing
Status: in_force

28-4503. Out-of-business cancellations; hearing

A. Notwithstanding section 28-4494, if the department documents that a licensee has ceased operating as a motor vehicle dealer, the department may cancel the licensee's license and give notice of the cancellation to the licensee in writing.  The notice shall state that the department will provide an opportunity for a hearing if the department receives a written request from the licensee for a hearing within thirty days after the notice is sent. If a licensee requests a hearing, the licensee shall show cause at the hearing why the license should not be canceled.

B. If a hearing is requested, the department or the department's duly authorized agent shall issue subpoenas to persons as the licensee requests that require them to be present and testify at the hearing. A transcript of the testimony of witnesses taken at the hearing shall be made and preserved.

C. If a hearing is held, within ten days after the hearing, the department or the department's duly authorized agent shall make written findings of fact and conclusions and by order uphold the cancellation or decline to uphold the cancellation.
A.R.S. § 28-900 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 900
28-900 School transportation rules
Status: in_force

28-900. School transportation rules

A. The department of public safety in consultation with the student transportation advisory council established by section 28-3053 shall adopt rules as necessary to improve the safety and welfare of student passengers by minimizing the probability of accidents involving school buses and student passengers and by minimizing the risk of serious bodily injury to student passengers in the event of an accident.

B. The rules may include:

1. Minimum standards for the design and equipment of school buses that are designed for sixteen or more passengers.

2. Minimum standards for the periodic inspection and maintenance of school buses that are designed for sixteen or more passengers.

3. Procedures for the operation of school buses that are designed for sixteen or more passengers.

4. Minimum standards for the design and equipment of motor vehicles described in section 15-925 that are substantially different than the minimum standards prescribed in paragraph 1 of this subsection.

5. Minimum standards for the periodic inspection and maintenance of motor vehicles described in section 15-925.

6. Procedures for the operation of motor vehicles described in section 15-925.

7. Other criteria as deemed by the department of public safety and the student transportation advisory council to be necessary and appropriate to ensure the safe operation of school buses and motor vehicles that are described in section 15-925.  Any rules adopted pursuant to this section shall allow for a variety of vehicles to be used to meet the needs of students and systems of varying sizes and locations.

C. The rules shall provide, if applicable, minimum standards equal to or more restrictive than those adopted by the United States department of transportation in accordance with 23 United States Code and rules adopted pursuant to 23 United States Code.

D. Notwithstanding a rule adopted by the department of public safety with respect to exterior color of a school bus that is designed for sixteen or more passengers, in order to reduce the interior temperature of a school bus, the exterior top of a school bus may be painted white, but the white area shall not extend beyond the center clearance lights, front and rear, and shall not extend below a line five inches above the top of the side windows.

E. An officer or employee of any school district or charter school who violates any of the rules or who fails to include the obligation to comply with the rules in any contract executed by the officer or employee on behalf of the school district or charter school is guilty of misconduct and is subject to removal from office or employment. Any person who operates a school bus or motor vehicle under contract with a school district or charter school and who fails to comply with any of the rules is in breach of contract, and the school district or charter school shall cancel the contract after notice and a hearing by the responsible officers of the school district or charter school.

F. The department of public safety shall enforce the rules adopted pursuant to this section.
A.R.S. § 28-932 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 932
28-932 Reflector and lamp mountings
Status: in_force

28-932. Reflector and lamp mountings

A. Reflectors that are required by section 28-929 shall be mounted at a height of not less than twenty-four inches and not more than sixty inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty-four inches, the reflector at that point shall be mounted as high as that part of the permanent structure permits.

B. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.

C. A required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but the reflector shall meet all of the other reflector requirements of this article.

D. Clearance lamps shall be mounted on the permanent structure of the vehicle in a manner that indicates its extreme width and as near the top of the vehicle as practicable. Clearance lamps and side marker lamps may be mounted in combination if illumination is given as required by this section with reference to both.
A.R.S. § 28-8481 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8481
28-8481 Planning and zoning; military airport and ancillary military facility's operation compatibility; compliance review; penalty; definitions
Status: in_force

28-8481. Planning and zoning; military airport and ancillary military facility's operation compatibility; compliance review; penalty; definitions

A. A political subdivision that has territory in the vicinity of a military airport or ancillary military facility that includes property in a high noise or accident potential zone shall adopt comprehensive and general plans and school district development plans, if applicable, for property in the high noise or accident potential zone to assure development compatible with the high noise and accident potential generated by military airport and ancillary military facility operations that have or may have an adverse effect on public health and safety.  Each political subdivision, excluding school districts, shall adopt and enforce zoning regulations for property in the high noise or accident potential zone to assure development compatible with the high noise and accident potential generated by military airport and ancillary military facility operations that have or may have an adverse effect on public health and safety.

B. A political subdivision that has territory in the vicinity of a military airport or ancillary military facility shall incorporate sound attenuation standards pursuant to section 28-8482 into any building code in existence on or adopted after July 1, 2001 or after July 1 of the year in which the land becomes territory in the vicinity of a military airport or ancillary military facility.  This section does not affect or require the modification of any building permit issued before July 1, 2001 or before July 1 of the year in which the land becomes territory in the vicinity of a military airport or ancillary military facility.

C. A political subdivision that has territory in the vicinity of a military airport or ancillary military facility that includes property in a high noise or accident potential zone shall adopt, administer and enforce the zoning regulations or school district development plans authorized by subsection A of this section in the same manner as the comprehensive zoning ordinance or school district development plans of the political subdivision as provided by law, except that a variance shall not be granted without a specific finding that the purpose of military airport or ancillary military facility compatibility is preserved.

D. This section does not affect the existing authority of a political subdivision to plan and zone on the basis of noise or accident potential in the vicinity of an airport owned or controlled by the political subdivision or to adopt restrictions or limitations in addition to those required by this section applicable to territory in the vicinity of a military airport or ancillary military facility.

E. This section does not restrict, limit or modify, or authorize or require any political subdivision to restrict, limit or modify, the right of a landowner to undertake and complete development and use of any property under the terms and conditions of a development plan or school district development plan approved on or before December 31, 2000, or on or before December 31 of the year in which the development's property becomes territory in the vicinity of a military airport or ancillary military facility or pursuant to a written determination of compatibility issued by the military airport or ancillary military facility on or before December 31, 2004, by the political subdivision in whose territory or area of jurisdiction the property is located, except that the development must comply with the sound attenuation standards and specifications incorporated into any building code adopted pursuant to section 28-8482 by the political subdivision in whose territory or area of jurisdiction the development is located.

F. This section does not restrict, limit or modify, or authorize or require any political subdivision to restrict, limit or modify, the right of a landowner to undertake and complete development and use of any property located in a high noise or accident potential zone that is appurtenant to an ancillary military facility under the terms and conditions of a development plan or school district development plan approved on or before December 31, 2004 by the political subdivision in whose territory or area of jurisdiction the property is located or pursuant to a written determination of compatibility issued by the military airport or ancillary military facility on or before December 31, 2004, except that the development shall comply with the sound attenuation standards and specifications incorporated into any building code adopted pursuant to section 28-8482 by the political subdivision in whose territory or area of jurisdiction the development is located.

G. On or after July 1, 2001 or on or after December 31 of the year in which the property becomes territory in a high noise or accident potential zone, a political subdivision that has property in a high noise or accident potential zone shall notify the owner or owners of property in the high noise and accident potential zone of any additions or changes under this section to the general plan, comprehensive plan, zoning regulations or school district development plan of the political subdivision applicable to property in the high noise or accident potential zone.  The political subdivision shall provide a notice of such additions or changes by publication as provided in section 9-462.04, subsection A or section 11-814, subsection D, including a statement that the property is located in a high noise or accident potential zone, at least thirty days before final approval of the addition to or change in the general plan, permitted land uses, zoning regulation or school district development plan and within thirty days following the final approval of such an addition to or change in the general plan, permitted land uses, zoning regulation or school district development plan.

H. Any property owner described in subsection G of this section shall notify potential purchasers of the property and any potential lessees or renters that the property is located in a high noise and accident potential zone and is subject to the requirements of this section.

I. If a political subdivision includes property in the high noise or accident potential zone of a military airport or ancillary military facility, the political subdivision shall send notice to the attorney general of any approval, adoption or readoption of, or major amendment to, the general or comprehensive plan that impacts property in the high noise or accident potential zone of a military airport or ancillary military facility within three business days after the approval, adoption or readoption.  If the attorney general determines the approval, adoption or readoption of the general or comprehensive plan or the major amendment to the general or comprehensive plan is not in compliance with subsection J of this section, the attorney general shall notify the political subdivision by certified mail, return receipt requested, of the determination of noncompliance.  Within thirty days after the receipt of a determination of noncompliance by the attorney general as prescribed by this section, the governing body of the political subdivision shall reconsider any approval, adoption or readoption of, or major amendment to, the general or comprehensive plan that impacts property in the high noise or accident potential zone of a military airport or ancillary military facility.  If the governing body reaffirms a prior action subject to an attorney general's determination of noncompliance pursuant to this section, the attorney general may institute a civil action pursuant to subsection L of this section.  If a political subdivision timely sends notice pursuant to this subsection and the attorney general fails to timely notify the political subdivision of a determination of noncompliance, the general or comprehensive plan or major amendment to the general or comprehensive plan shall be deemed to comply with subsection J of this section.

J. The attorney general shall determine compliance with this section in accordance with the following requirements applicable to zoning and development in a high noise or accident potential zone and to zoning and development in accident potential zone one and accident potential zone two. Compliance with respect to territory located in the arrival and departure corridor but outside the accident potential zone one, two and noise contour lines as described in section 28-8461, paragraph 9, subdivision (c) shall be determined in accordance with the requirements applicable to territory located in the 65-69 day-night sound level as listed below. Compliance with respect to the property described in section 28-8461, paragraph 9, subdivision (b) shall be determined in accordance with the compatible land use plan in the joint land use study completed in February 2004.  If the political subdivision and the military airport mutually agree that an individual use is compatible and consistent with the high noise or accident potential of the military airport or ancillary military facility, as applicable, the use shall be deemed to comply with this subsection. Alternatively, for an individual use or a plan for development submitted to a military airport or ancillary military facility before December 31, 2004, this subsection does not preclude the military airport from determining that the individual use or plan for development is compatible and consistent with the high noise or accident potential zone of the military airport or ancillary military facility.

Day-night sound level in decibels

high noise or accident

potential zone (18)

Zoning and development in high

noise or accident potential

zone  65-69 70-74 75-79 80-84 85 or APZ   APZ

over  one   two

Residential

Residential uses other than    No(13)      No(13)      No(13)      No(13)      No      No    No

the residential uses

listed below

Single family residential     Yes(9)      Yes(10)     Yes(11)     No(13)      No(13) No    No(13)

that is the subject of

zoning approved on or

before December 31, 2000,

or on or before December 31

of the year in which the

property becomes territory

in the vicinity of a

military airport,

that permits one dwelling

unit per acre or less

Single family residential that      Yes(9)      Yes(10)     Yes(11)     Yes(12)      No(13)      No No(13)

that is the primary residence

for persons engaging in

agricultural use and

ancillary residential

buildings incident to the

primary agricultural use

Transportation, communications

and utilities

Railroad and rapid rail transit      Yes   Yes(5)      Yes(6)      Yes(7)      No      No    Yes(15)

Highway and street right-of-way     Yes   Yes   Yes   Yes   Yes   Yes   Yes

Motor vehicle parking   Yes   Yes   Yes   Yes   Yes   Yes(15)     Yes(15)

Communications    Yes   Yes(2)      Yes(3)      No    No    Yes(15)     Yes(16)

(noise sensitive)

Utilities   Yes   Yes   Yes   No    No    Yes(15)     Yes(16)

Other transportation,   Yes   Yes(5)      Yes(6)      Yes(7)      Yes(8)      Yes(15)      Yes(16)

communications and utilities

Commercial/retail trade

Wholesale trade    Yes   Yes(5)      Yes(6)      Yes(7)      No    No    Yes

Building materials-retail     Yes   Yes(5)      Yes(6)      Yes(7)      No    No    Yes

General merchandise-retail    Yes   Yes(1)      Yes(2)      No    No    No    No

Food-retail Yes   Yes(1)      Yes(2)      No    No    No    No

Automotive and marine   Yes   Yes(5)      Yes(6)      No    No    No No/Yes(17)

Apparel and accessories-retail      Yes   Yes(1)      Yes(2)      No    No    No    No

Eating and drinking places    Yes   Yes(1)      Yes(2)      No    No    No    No

Furniture and home      Yes   Yes(1)      Yes(2)      No    No    No No/Yes(17)

furnishings-retail

Other retail trade      Yes   Yes(1)      Yes(2)      No    No    No    No

Personal and business services

Finance, insurance and real estate   Yes   Yes(1)      Yes(2)      No    No    No      Yes

Personal services Yes   Yes(1)      Yes(2)      No    No    No    Yes

Business services Yes   Yes(1)      Yes(2)      No    No    No    Yes

Repair services   Yes   Yes(5)      Yes(6)      Yes(7)      No    No    Yes

Contract construction services      Yes   Yes(5)      Yes(6)      No    No    No    Yes

Indoor recreation services    Yes   Yes(5)      Yes(6)      No    No    No    Yes

Other services    Yes   Yes(5)      Yes(6)      No    No    No    Yes

Industrial/manufacturing

Food and kindred products      Yes   Yes(5)      Yes(6)      Yes(7)      No    No      Yes(16)

Textile mill products   Yes   Yes(5)      Yes(6)      Yes(7)      No    No    Yes(16)

Apparel           Yes   Yes(5)      Yes(6)      Yes(7)      No    No    Yes(16)

Lumber and wood products      Yes   Yes(5)      Yes(6)      Yes(7)      No    No      Yes(16)

Furniture and fixtures  Yes   Yes(5)      Yes(6)      Yes(7)      No    No    Yes(16)

Paper and allied products     Yes   Yes(5)      Yes(6)      Yes(7)      No    No      Yes(16)

Printing and publishing Yes   Yes(5)      Yes(6)      Yes(7)      No    No    Yes(16)

Chemicals and allied products Yes   Yes(5)      Yes(6)      Yes(7)      No    No    No

Petroleum refining and  Yes   Yes(5)      Yes(6)      Yes(7)      No    No    No

related industries

Rubber and miscellaneous plastic    Yes   Yes(5)      Yes(6)      Yes(7)      No    No      Yes(16)

Stone, clay and glass products      Yes   Yes(5)      Yes(6)      Yes(7)      No    No      Yes(16)

Primary metal industries      Yes   Yes(5)      Yes(6)      Yes(7)      No    No      Yes(16)

Fabricated metal products     Yes   Yes(5)      Yes(6)      Yes(7)      No    No      Yes(16)

Professional, scientific and  Yes   Yes(1)      Yes(2)      No    No    No    No

ccontrolling instruments

Miscellaneous manufacturing   Yes   Yes(5)      Yes(6)      Yes(7)      No    No      Yes(16)

Public and quasi-public

services

Government services      Yes(1)      Yes(2)      Yes(2)      No    No    No      Yes(16)

Cultural activities,    Yes(1)      Yes(2)      No    No    No    No    No

including churches

Medical and other health

services Yes(1)      Yes(2)      No    No    No    No    No

Cemeteries  Yes(5)      Yes(6)      Yes(7)      No    No    No    Yes

Nonprofit organizations Yes(1)      Yes(2)      No    No    No    No    Yes

Correctional facilities Yes(1)      Yes(2)      Yes(3)      Yes(4)      No    No    Yes

Other public and quasi-public Yes(1)      Yes(2)      No    No    No    No    Yes(16)

services

Outdoor recreation

Playgrounds and neighborhood

parks       Yes   Yes   No    No    No    Yes(15)     Yes

Community and regional  Yes   Yes   No    No    No    Yes(15)     Yes

Nature exhibits   Yes   No    No    No    No    No    No

Spectator sports, including

arenas      Yes(14)     Yes(14)     No    No    No    No    No

Golf courses and riding stables     Yes   Yes(5)      Yes(6)      No    No    Yes(15)      Yes

Water based recreational areas      Yes   Yes(5)      Yes(6)      No    No    No    No

Resort and group camps        Yes(1)      Yes(2)      No    No    No    No          No

Auditoriums and concert halls Yes(6)      Yes(7)      No    No    No    No    No

Outdoor amphitheaters and     Yes(14)     Yes(14)     Yes(14)     No    No    No    No

music shells

Other outdoor recreation      Yes   Yes(14)     Yes(14)     No    No    No    No

Resource production,

extraction and open space

Agriculture (except livestock) Yes(9)      Yes(10)     Yes(11)     Yes(12)      Yes(13)Yes(13)    Yes(13)

Livestock farming and animal  Yes(9)      Yes(10)     Yes(11)     Yes(12)      Yes(13)Yes(13)    Yes(13)

breeding

Forestry activities     Yes(9)      Yes(10)     Yes(13)     Yes(13)     Yes(13)No   Yes

Fishing activities and  Yes   Yes   No    No    No    No          No

related services

Mining activities Yes   Yes   Yes   Yes   Yes   No    Yes(16)

Permanent open space    Yes   Yes   Yes   Yes   Yes   Yes   Yes

Water areas (not incidental to      Yes   Yes   No    No    No    No    No

farming)

(1) Measures to achieve an outdoor to indoor noise reduction level of twenty-five decibels pursuant to an ordinance adopted under section 28-8482 must be incorporated into the design and construction of all buildings and the political subdivision must make an express finding, as part of approval, that use of noise reduction level criteria will not alleviate outdoor noise.

(2) Measures to achieve an outdoor to indoor noise reduction level of thirty decibels pursuant to an ordinance adopted under section 28-8482 must be incorporated into the design and construction of all buildings and the political subdivision must make an express finding, as part of approval, that use of noise reduction level criteria will not alleviate outdoor noise.

(3) Measures to achieve an outdoor to indoor noise reduction level of thirty-five decibels pursuant to an ordinance adopted under section 28-8482 must be incorporated into the design and construction of all buildings and the political subdivision must make an express finding, as part of the approval, that use of noise reduction level criteria will not alleviate outdoor noise.

(4) Measures to achieve an outdoor to indoor noise reduction level of forty decibels pursuant to an ordinance adopted under section 28-8482 must be incorporated into the design and construction of all buildings and the political subdivision must make an express finding, as part of the approval, that use of noise reduction level criteria will not alleviate outdoor noise.

(5) Measures to achieve an outdoor to indoor noise reduction level of twenty-five decibels must be incorporated into the design and construction of portions of buildings where the public is received, office areas, noise sensitive areas or where normal noise level is low.

(6) Measures to achieve an outdoor to indoor noise reduction level of thirty decibels must be incorporated into the design and construction of portions of buildings where the public is received, office areas, noise sensitive areas or where normal noise level is low.

(7) Measures to achieve an outdoor to indoor noise reduction level of thirty-five decibels must be incorporated into the design and construction of portions of buildings where the public is received, office areas, noise sensitive areas or where normal noise level is low.

(8) Measures to achieve an outdoor to indoor noise reduction level of forty decibels must be incorporated into the design and construction of portions of buildings where the public is received, office areas, noise sensitive areas or where normal noise level is low.

(9) Measures to achieve an outdoor to indoor noise reduction level of twenty-five decibels must be incorporated into the design and construction of new residential buildings or expansions of existing residential buildings.

(10) Measures to achieve an outdoor to indoor noise reduction level of thirty decibels must be incorporated into the design and construction of new residential buildings or expansions of existing residential buildings.

(11) Measures to achieve an outdoor to indoor noise reduction level of thirty-five decibels must be incorporated into the design and construction of new residential buildings or expansions of existing residential buildings.

(12) Measures to achieve an outdoor to indoor noise reduction level of forty decibels must be incorporated into the design and construction of new residential buildings or expansions of existing residential buildings.

(13) No new residential buildings or expansions of existing residential buildings are permitted.

(14) Compatible if special sound reinforcement systems are installed.

(15) No aboveground buildings or structures.

(16) No new buildings or improvements or expansion of nonagriculture buildings or improvements for uses that result in the release of any substance into the air that would impair visibility or otherwise interfere with operating aircraft, such as any of the following:

(a) Steam, dust and smoke.

(b) Direct or indirect reflective light emissions.

(c) Electrical emissions that would interfere with aircraft and air force communications or navigational aid systems or aircraft navigational equipment.

(d) The attraction of birds or waterfowl such as operation of sanitary landfills or maintenance of feeding stations.

(e) Explosives facilities or similar activities.

(17) If located in the extended portion of accident potential zone two in territory of a political subdivision described in section 28-8461, paragraph 9, subdivision (a).

(18) Uses not listed are presumed to not be compatible. If the political subdivision and the military airport mutually agree that an individual use is compatible and consistent with the high noise or accident potential of the military airport or ancillary military facility, the use shall be presumed to be compatible.

K. Pursuant to subsection I of this section, the attorney general shall notify a political subdivision by certified mail, return receipt requested, if the attorney general has probable cause to believe that the political subdivision has not complied with the requirements set forth in subsection J of this section. Nothing in this section shall authorize or permit a finding of probable cause of noncompliance with respect to property that is the subject of a development plan.

L. The following apply to enforcement actions brought under this section:

1. The attorney general may institute a civil action in the name of this state in the superior court in the county of the alleged violation against a political subdivision that is required to notify the attorney general pursuant to subsection I of this section to restrain, enjoin, correct or abate a violation of this section, to collect a civil penalty ordered pursuant to this section and to collect attorney fees and costs ordered pursuant to this section if the attorney general has probable cause to believe that an action to reaffirm an approval, adoption or readoption of, or major amendment to, the general or comprehensive plan made by a political subdivision is not in compliance with subsection J of this section.

2. If the attorney general institutes a civil action pursuant to subsection I of this section, the civil action shall be filed within thirty days after the action to reaffirm an approval, adoption or readoption of, or major amendment to, the general plan or comprehensive plan.

3. The court shall award reasonable attorney fees and other costs in favor of the prevailing party for any civil enforcement action brought under this section.  If the attorney general prevails, monies awarded pursuant to this paragraph shall be retained by the attorney general and are continuously appropriated.

4. The court may assess civil penalties in favor of this state to be deposited in the state general fund.  The political subdivision may be liable for a civil penalty of up to five hundred dollars for each day for the first ten days and up to five thousand dollars for each subsequent day up to a maximum of fifty thousand dollars.

M. A political subdivision that has territory in the vicinity of a military airport or ancillary military facility that includes property in a high noise or accident potential zone shall submit any proposed comprehensive or general plan amendments that are applicable to property within the high noise or accident potential zone to the attorney general at least fifteen days before the first public hearing required pursuant to section 9-461.06 or 11-805.

N. A political subdivision shall not permit or approve a division of land zoned for residential use that is in a high noise or accident potential zone of an ancillary military facility if the division would result in a lot, parcel or fractional interest being four acres or less unless the land division is part of a development plan or a development agreement approved before July 30, 2004 or is determined by the military airport or ancillary military facility to be compatible with its operations before December 31, 2004.  A political subdivision may grant a waiver from this subsection.

O. For purposes of determining the fair market value of property located in a high noise or accident potential zone, or the development rights appurtenant to the property, for acquisition by an agency or instrumentality of the United States, this state or a political subdivision of this state, property located in a high noise or accident potential zone that is not the subject of a development plan under subsection E or F of this section shall be deemed to have zoning allowing at least one residential dwelling per acre.

P. For the purposes of this section:

1. "Development plan":

(a) Means a plan that is submitted to and approved by the governing body of the political subdivision pursuant to a zoning ordinance or regulation adopted pursuant to title 9, chapter 4, article 6.1 or title 11, chapter 6 and that describes with reasonable certainty the density and intensity of use for a specific parcel or parcels of property.

(b) Includes a planned community development plan, a planned area development plan, a planned unit development plan, a development plan that is the subject of a development agreement adopted pursuant to section 9-500.05 or 11-1101, a site plan, a subdivision plat or any other land use approval designation that is the subject of a zoning ordinance adopted pursuant to title 9, chapter 4, article 6.1 or title 11, chapter 6.

(c) Means a conceptual plan for development that generally depicts densities on a particular property that a military airport, as described in section 28-8461, paragraph 9, subdivision (a), deems is compatible with the operation of the ancillary military facility.

2. "Major amendment" means a substantial alteration of a political subdivision's land use mixture or balance as established in the political subdivision's existing general or comprehensive plan land use element.
A.R.S. § 28-6923 — Arizona Code / Title 28 / Chapter 20 / Article 2 / Section 6923
28-6923 Bid requirements; procedure; bond
Status: in_force

28-6923. Bid requirements; procedure; bond

A. All items of construction or reconstruction of department facilities involving an expenditure of $189,000 or more shall be called for by advertising in a newspaper of general circulation published in this state for either:

1. Two consecutive publications if it is a weekly newspaper.

2. Two publications at least six but not more than ten days apart if it is a daily newspaper.

B. In fiscal year 2008-2009 and each fiscal year thereafter, the amount provided in subsection A of this section shall be adjusted by the annual percentage change in the GDP price deflator as defined in section 41-563.

C. The advertisement shall state specifically the character of the work to be done and where a person may obtain copies of the plans, specifications and complete information as to the proposed work.

D. The bidding information provided shall state specifically the character of the work to be performed and the kind, quantity and quality of materials or supplies to be furnished.  The plans and specifications:

1. Shall be sufficiently complete, definite and explicit to allow informed, free, open and competitive bidding on a common basis.

2. May require performance on the basis of either means and methods specifications or end result specifications.

3. If end result specifications are used, shall provide an objective or standard to be achieved with the successful bidder expected to exercise the bidder's skill and ingenuity in achieving that objective or standard of performance by selecting the means and manner of performance and by assuming a corresponding responsibility for that selection.

E. If contractor insurance is required for construction or reconstruction pursuant to this section, the insurance shall be placed with an insurer authorized to transact insurance in this state pursuant to title 20, chapter 2, article 1 or a surplus lines insurer approved and identified by the director of the department of insurance and financial institutions pursuant to title 20, chapter 2, article 5.

F. A bid shall be accompanied by a certified check, cashier's check or surety bond for ten percent of the amount of the bid included in the proposal as a guarantee that the contractor will enter into a contract to perform the proposal pursuant to the plans and specifications.

G. The certified check, cashier's check or surety bond shall be returned to the contractors whose proposals are not accepted and to the successful contractor on the execution of a satisfactory bond and contract as provided in this article.

H. The surety bond provided pursuant to subsection F of this section shall be executed and furnished as required by title 34, chapter 2, and the conditions and provisions of the surety bid bond regarding the surety's obligations shall follow the form required under section 34-201, subsection A, paragraph 3.

I. If a bid that is satisfactory to the board is received, it shall let a contract to the lowest responsible bidder, on the contractor giving performance and payment bonds that follow the form and include the provisions required by title 34, chapter 2, article 2.

J. If the bids received for construction or reconstruction are not satisfactory to the board, a second call shall be made. If they are again rejected by the board, it may authorize the state engineer to construct or reconstruct the item as it deems most advantageous.

K. In determining the lowest responsible bidder under this section, the department and the board may consider the time of completion proposed by the bidder if the department and the board determine that this procedure will serve the public interest by providing a substantial fiscal benefit or that the use of the traditional awarding of contracts is not practicable for meeting desired construction standards or delivery schedules and if the formula for considering the time of completion is specifically stated in the bidding information.

L. This section does not prohibit a change to a construction contract that either:

1. Does not alter the scope of the work under a contract and the cost of the change does not exceed ten percent of the contract amount or $50,000, whichever is greater.

2. Does alter the scope of the work if the cost of the change does not exceed ten percent of the contract amount or $50,000, whichever is greater, and the changed work is within twenty percent of the total project length.

M. If a project is funded completely with private monies, the private entity is not required to comply with subsections A through L of this section if the private entity complies with all of the following:

1. Before advertising for bids, submits to the department a bond that is issued by a surety insurer authorized to do business in this state and that is in an amount equal to one hundred twenty-five percent of the anticipated construction cost of the project, including construction management and contractor costs.

2. Solicits sealed bids from at least four contractors who are prequalified by the department to perform a contract of the anticipated dollar amount of the construction.

3. Awards the contract to the best bidder taking into account price and other criteria as provided in the bid documents.

4. Obtains bonds from the selected contractor that provide the same coverage as performance and payment bonds issued under title 34, chapter 2, article 2.

5. Uses department construction standards.

6. Pays all costs of department reviews of the contract and inspections of the project.

N. For the purposes of this section, a project is funded completely with private monies if all of the following apply:

1. The contractor is paid entirely with monies from private entities.

2. The private entities hire a competent construction manager and contractor who do not have an affiliation with each other.

3. The private entities either pay all costs of design or reimburse the department for all costs of design.
A.R.S. § 28-7902 — Arizona Code / Title 28 / Chapter 23 / Article 1 / Section 7902
28-7902 Outdoor advertising authorized
Status: in_force

28-7902. Outdoor advertising authorized

A. The following outdoor advertising may be placed or maintained along an interstate, secondary or primary system within six hundred sixty feet of the edge of the right-of-way:

1. Directional or other official signs or notices that are required or authorized by law, including signs pertaining to natural wonders and scenic and historic attractions.

2. Signs, displays and devices that are located on the premises of the activity that they advertise.  This paragraph applies to any sign that is located on the premises of a comprehensive development that the sign advertises if the placement of the sign does not cause a reduction of federal aid highway monies pursuant to 23 United States Code section 131.  For the purposes of this paragraph, "activity" means the active use or collective uses of the premises.

3. Signs, displays and devices advertising the sale or lease of the property on which they are located.

4. Signs, displays and devices lawfully placed after April 1, 1970 in business areas.

5. Signs, displays and devices lawfully placed after either:

(a) July 1, 1974 in zoned or unzoned commercial or industrial areas inside municipal limits.

(b) April 1, 1972 in unzoned commercial or industrial areas outside municipal limits.

6. Signs, displays and devices that are lawfully existing on April 1, 1970 and that are located in business areas and in zoned commercial or industrial areas outside municipal limits.

7. Signs, displays and devices lawfully existing on either:

(a) July 1, 1974 that are located in zoned or unzoned commercial or industrial areas inside municipal limits.

(b) April 1, 1972 in unzoned commercial or industrial areas outside municipal limits.

8. Nonconforming tourist related advertising displays that are lawfully erected and in existence on May 5, 1976, that are located in defined hardship areas, that provide specific directional information to the traveling public and that are approved by the United States secretary of transportation pursuant to 23 United States Code section 131(o).

9. A sign located in a charter city adjacent to an interstate highway with a changing message for identification of businesses that are located on separate contiguous parcels and that are part of a single development approved by a city council as part of a development agreement entered into before April 22, 1990.  The changing message may not contain words or phrases that continuously travel or scroll in a manner that presents a message longer than may be displayed on the sign at one instant in time. The director may adopt rules governing the interval within which a message may be displayed or changed. This paragraph does not alter, change or affect any other statute, rule, regulation, policy or interpretation concerning the use of signs with changing messages or the ownership of property on which the signs are located.

B. Outdoor advertising authorized under subsection A, paragraphs 1, 4 and 5 shall conform with standards contained and shall bear permits required in rules adopted by the director under this article, except that the authorized outdoor advertising along highways in the secondary system that are not state highways need only bear permits required by the responsible county or municipal authority.

C. Outdoor advertising authorized under subsection A, paragraphs 6 and 7 need not conform to standards contained but shall bear permits required in rules adopted by the director under this article, except that the authorized outdoor advertising along highways in the secondary system that are not state highways need only bear permits required by the responsible county or municipal authority.

D. If preservation would be consistent with this article, signs may be preserved or maintained if they were lawfully in existence on October 22, 1965 and if the director determines, subject to the approval of the United States secretary of transportation as provided for by 23 United States Code section 131(c), that they are landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance.

E. Outdoor advertising that conforms to standards and bears a permit pursuant to subsection B or C of this section may include electronic outdoor advertising only if the electronic outdoor advertising meets the following requirements:

1. The electronic outdoor advertising does not contain any form of animation and remains static for at least eight seconds with a transition time of no greater than two seconds.

2. Except as provided in subsection H or I of this section, the electronic outdoor advertising is located within the area with the following coordinates:

Beginning at state route 95 at mile marker two hundred fifty in Bullhead City, to all points within this state that are within a radius of forty miles from that location, except excluding state route 95 south of interstate 40 and any area east of state route 93 from mile marker forty-two to the Hoover dam, and also including latitude 33.9 north, longitude 114.5 west, hence due east to latitude 33.9 north, longitude 112.25 west, hence following the circumference of a circle with a radius of seventy-five miles from the coordinates of the discovery channel telescope to latitude 33.66 north, longitude 111.23 west, hence due south to latitude 33.46 north, longitude 111.23 west, hence following the circumference of a circle with a radius of seventy-five miles from the coordinates of the Mount Lemmon observatory to latitude 33.02 north, longitude 111.91 west, hence following the circumference of a circle with a radius of seventy-five miles from the coordinates of Kitt Peak observatory to latitude 32.6 north, longitude 112.65 west, hence due west to latitude 32.6 north, longitude 114.802 west, and hence north along the Colorado river to the point of beginning.

3. Except as provided in paragraph 4 of this subsection, from sunset until 11:00 P.M., the dimmer for electronic outdoor advertising signs, displays and devices shall not be set to exceed three hundred forty-two NITS in full white mode for signs that are smaller than six hundred seventy-two square feet in area and three hundred NITS in full white mode for signs that are equal to or larger than six hundred seventy-two square feet in area.

4. For coordinates beginning at state route 95 at mile marker two hundred fifty in Bullhead City, to all points within this state that are within a radius of forty miles from that location from sunset until 11:00 P.M., the dimmer for electronic outdoor advertising signs, displays and devices shall not be set to exceed two hundred NITS in full white mode for all signs.

5. From 11:00 P.M. until sunrise, illumination shall be extinguished and electronic outdoor advertising signs, displays and devices shall be equipped with an automatic device to ensure compliance with this paragraph, except for amber alerts and other governmental emergencies. The automatic device shall have the ability to dim the display through a photoelectric sensor that detects ambient light levels and adjusts the display intensity automatically to ensure the maximum NIT levels are enforced.

6. The electronic outdoor advertising shall comply with the size and spacing limitations prescribed in section 28-7905, and for coordinates beginning at state route 95 at mile marker two hundred fifty in Bullhead City, to all points within this state that are within a radius of forty miles from that location, the number of electronic outdoor advertising signs, displays and devices shall not exceed thirty-five.

F. The director shall prepare a pictorial representation of the coordinates described in subsection E, paragraph 2 of this section. The director shall post the pictorial representation on the department's website.

G. The owner of any outdoor advertising that is within the area described in subsection E, paragraph 2 of this section, that bears a permit pursuant to subsection B or C of this section and that is converted to electronic outdoor advertising shall notify the department of the face-type status change. The notice shall include a certification that the sign remains in compliance with this section.  The department shall maintain the face-type status change documents in its records.  After May 9, 2012, the conversion of outdoor advertising to electronic outdoor advertising is only allowed in the area described in subsection E, paragraph 2 of this section.

H. Electronic outdoor advertising is deemed to have legal nonconforming status for the purposes of state law, including for the purposes of any permits and approvals issued by the department, if both of the following apply:

1. The electronic outdoor advertising is both operational and bears a permit pursuant to subsection B or C of this section before May 9, 2012.

2. The electronic outdoor advertising is not located within the area described in subsection E, paragraph 2 of this section.

I. Electronic outdoor advertising in existence and operational as of May 9, 2012 is deemed to have legal conforming status for the purposes of state law, including for the purposes of any permits and approvals issued by the department if both of the following apply:

1. The electronic outdoor advertising bears a permit pursuant to subsection B or C of this section.

2. The electronic outdoor advertising is located within the area described in subsection E, paragraph 2 of this section.

J. The electronic outdoor advertising that is described in subsection H or I of this section is subject to the requirements prescribed by subsection E, paragraphs 1, 3, 4 and 5.

K. A city, town or county shall not issue a permit for conversion of an existing outdoor advertising use to an electronic outdoor advertising use after May 9, 2012 if the existing outdoor advertising is not located in the area described in subsection E, paragraph 2 of this section.

L. This section does not prevent a city, town or county from enforcing or enacting an ordinance regulating outdoor advertising that is authorized by subsection E of this section, including the lighting of the outdoor advertising.  The city, town or county may enact an ordinance that is more restrictive than this section but not less restrictive than this section.
A.R.S. § 28-3174 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3174
28-3174 Class G driver licenses; restrictions; civil penalties; motorcycles
Status: in_force

28-3174. Class G driver licenses; restrictions; civil penalties; motorcycles

A. A person who is under eighteen years of age may apply to the department for a class G driver license if all of the following apply:

1. The person is at least sixteen years of age.

2. The person has a valid instruction permit issued pursuant to this article and the person has held the instruction permit for at least six months, except that this requirement does not apply to a person who has a currently valid driver license issued by another jurisdiction.

3.  Any of the following applies:

(a) The person has satisfactorily completed a driver education program that is approved by the department of transportation. If the driver education program is offered by a public high school, the program shall be approved by the department of transportation in consultation with the department of education.

(b) Both of the following apply:

(i) The person completes a driver education program that is offered by a defensive driving school that is certified pursuant to section 28-3395 and that is approved by the supreme court or a traffic survival school.

(ii) A custodial parent or guardian of the person certifies in writing to the department that the applicant has completed at least twenty hours of supervised driving practice and that at least six of the required practice hours were at night.

(c) A custodial parent or guardian of the person certifies in writing to the department that the applicant has completed at least thirty hours of supervised driving practice and that at least ten of the required practice hours were at night.

B. If the applicant successfully passes the examination prescribed in section 28-3164 and satisfies the requirements prescribed in subsection A of this section, the department may issue a class G driver license to the applicant.

C. Except as provided in subsection D of this section, a class G driver license entitles the licensee to drive a motor vehicle that requires a class G license on the public highways.

D. Except as provided in subsection K of this section, for the first six months that a class G licensee holds the license, the licensee shall not drive a motor vehicle on a public highway from 12:00 a.m. to 5:00 a.m. unless either:

1. The licensee is accompanied by a parent or legal guardian who has a class A, B, C or D license and who occupies a seat beside the class G licensee.

2. The licensee is driving directly to or from a sanctioned school sponsored activity, the licensee's place of employment, a sanctioned religious activity or a family emergency.

E. Except as provided in this subsection and subsection K of this section, for the first six months that a class G licensee holds the license, the licensee shall not drive a motor vehicle on a public highway at any time if the licensee is driving a motor vehicle containing more than one passenger under the age of eighteen.  This restriction does not:

1. Prohibit the licensee from driving a motor vehicle containing passengers under the age of eighteen if the passengers are the licensee's siblings.

2. Apply if the licensee is accompanied by a parent or legal guardian who has a class A, B, C or D license and who occupies a seat beside the class G licensee.

F. Except as provided in subsection K of this section, for the first six months that a class G licensee holds the license, the licensee may not drive a motor vehicle while using a wireless communication device for any reason except either:

1. During an emergency in which stopping the motor vehicle is impossible or will create an additional emergency or safety hazard.

2. When using an audible turn-by-turn navigation system if both of the following apply:

(a) The destination is not manually entered into the wireless communication device while the licensee is driving the motor vehicle.

(b) The licensee does not manually adjust the wireless communication device while driving the motor vehicle.

G. A peace officer shall not stop or issue a citation to a person operating a motor vehicle on a highway in this state for a violation of subsection D, E or F of this section unless the peace officer has reasonable cause to believe there is another alleged violation of a motor vehicle law of this state.

H. If a licensee is found responsible for violating subsection D, E or F of this section, the licensee:

1. For a first violation, is subject to a maximum civil penalty of $75. The department shall extend the restriction prescribed by subsection D, E or F of this section for thirty days, or if the restriction prescribed by subsection D, E or F of this section is complete, the thirty day restriction begins on the department's receipt of the report of the finding of responsibility.

2. For a second violation, is subject to a maximum civil penalty of $100. The department shall extend the restriction prescribed by subsection D, E or F of this section for sixty days, or if the restriction prescribed by subsection D, E or F of this section is complete, the sixty day restriction begins on the department's receipt of the report of the finding of responsibility. If at the time of the second violation the licensee is subject to an extension of the six month period pursuant to paragraph 1 of this subsection, the extensions run consecutively.

3. For a third or subsequent violation, is subject to a maximum civil penalty of $100.  On the department's receipt of the report of the finding of responsibility, the department shall suspend the licensee's driving privilege for thirty days. If the licensee also has a suspension resulting from a moving civil traffic violation or a moving criminal traffic offense as prescribed by section 28-3321, the suspensions run consecutively.

I. A citation issued for violating subsection D of this section shall be dismissed if the licensee to whom the citation was issued produces any of the following evidence to the appropriate court officer on or before the date and time specified on the citation for court appearance and in a manner specified by the court:

1. A written, notarized letter from the parent or legal guardian of the licensee that the licensee was going to or returning from a sanctioned school sponsored activity, the licensee's place of employment, a sanctioned religious activity or a family emergency.

2. A written, notarized letter from a representative of the sanctioned school sponsored activity certifying that the licensee was returning from the school activity.

3. A written, notarized letter from the licensee's employer certifying that the licensee was returning from the licensee's place of employment.

4. A written, notarized letter from a representative of the sanctioned religious activity certifying that the licensee was returning from the religious activity.

J. A citation issued for violating subsection E of this section shall be dismissed if the licensee to whom the citation was issued produces a written, notarized letter from the parent or legal guardian of the licensee to the appropriate court officer on or before the date and time specified on the citation for court appearance and in a manner specified by the court that states the passengers in the vehicle with the licensee at the time of the violation were the siblings of the licensee.

K. The restrictions imposed by subsection D, E or F of this section do not apply beginning on the licensee's eighteenth birthday. Any penalties or restrictions imposed pursuant to subsection H of this section shall be fully satisfied even if the licensee is eighteen years of age or older.

L. A person who holds a class G driver license may apply for a class D license on or after the person's eighteenth birthday, except that a person whose class G driver license is suspended pursuant to section 28-3321 is not entitled to receive a class D driver license until after the suspension period expires.

M. If a person who is under eighteen years of age and at least sixteen years of age applies for a class M license or a motorcycle endorsement, the department shall not issue the class M license or motorcycle endorsement to the person unless both of the following apply:

1. The applicant has held an instruction permit issued pursuant to section 28-3156 for at least six months, except that this requirement does not apply to a person who has a currently valid motorcycle driver license or endorsement issued by another jurisdiction.

2. Either:

(a) The person has satisfactorily completed a motorcycle driver education program that is approved by the department. If the driver education program is offered by a public high school, the program shall be approved by the department of transportation in consultation with the department of education.

(b) A custodial parent or guardian of the person certifies in writing to the department that the applicant has completed at least thirty hours of motorcycle driving practice.
A.R.S. § 28-2294; Version 2 — Arizona Code / Title 28 / Chapter 7 / Article 9 / Section 2294; Version 2
28-2294; Version 2 Nonresident daily commuter; identification card; fee
Status: in_force

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

(L18, Ch. 260, sec. 14.  Conditionally Eff.)

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 seventy 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 air mileage limitation provided in subsection B of this section.

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. § 28-1385 — Arizona Code / Title 28 / Chapter 4 / Article 3 / Section 1385
28-1385 Administrative license suspension for driving under the influence or for homicide or assault involving a motor vehicle; report; hearing; summary review; ignition interlock device requirement
Status: in_force

28-1385. Administrative license suspension for driving under the influence or for homicide or assault involving a motor vehicle; report; hearing; summary review; ignition interlock device requirement

A. Within thirty days after an arrest occurs, a law enforcement officer shall forward to the department a certified report as prescribed in subsection B of this section, subject to the penalty for perjury prescribed by section 28-1561, if both of the following occur:

1. The officer arrests a person for a violation of section 4-244, paragraph 34, section 28-1381, section 28-1382 or section 28-1383 or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.

2. The person submits to a test of the person's blood, breath, urine or other bodily substance that is allowed by section 28-1321 or any other law or a sample of blood is obtained pursuant to section 28-1388 and the results are either not available or the results indicate any of the following:

(a) 0.08 or more alcohol concentration in the person's blood or breath.

(b) 0.04 or more alcohol concentration in the person's blood or breath if the person was driving or in actual physical control of a commercial motor vehicle.

(c) 0.04 or more alcohol concentration in the person's blood or breath if the person was driving or in actual physical control of a vehicle for hire as defined in section 28-9501 or while providing transportation network services as defined in section 28-9551 as a transportation network company driver as defined in section 28-9551.

(d) Any drug defined in section 13-3401 or its metabolite is in the person's body except if the person possesses a valid prescription for the drug.

B. The officer shall make the certified report required by subsection A of this section on forms supplied or approved by the department. The report shall state information that is relevant to the enforcement action, including:

1. Information that adequately identifies the arrested person.

2. A statement of the officer's grounds for belief that the person was driving or in actual physical control of a motor vehicle in violation of section 4-244, paragraph 34, section 28-1381, section 28-1382 or section 28-1383 or committed a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.

3. A statement that the person was arrested for a violation of section 4-244, paragraph 34, section 28-1381, section 28-1382 or section 28-1383 or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.

4. A report of the results of the blood or breath alcohol test that was administered, if the results are available.

C. The law enforcement officer directing the administration of the test shall:

1. File a certified report that is required by subsection A of this section with the department within thirty days after the date of the arrest. If a certified report is not forwarded to the department as prescribed by this paragraph, the department may not enter an order of suspension on its records unless the violation listed in subsection A of this section resulted in death or serious physical injury as defined in section 13-105.

2. On behalf of the department, do one of the following:

(a) Serve an order of suspension on the person that is effective thirty days after the date that the order is served.

(b) Advise the person that the certified report will be submitted to the department and that the department will notify the person in writing if an order of suspension is entered. The law enforcement officer shall direct the person to ensure the person's address is updated with the department pursuant to section 28-448.

D. If the officer serves an order of suspension on the person the order of suspension:

1. Is effective thirty days after the date it is served.

2. Shall require the immediate surrender of any license or permit to drive that is issued by this state and that is in the possession or control of the person.

3. Shall contain information concerning the right to a summary review and hearing, including information concerning the hearing as required by section 28-1321, subsections G and H.

4. Shall be accompanied by printed forms that are ready to mail to the department, that the person may fill out and sign to indicate the person's desire for a hearing or summary review and that advise the person that the person may alternatively submit an online request for a hearing or summary review.

5. Shall be entered on the department's records on receipt of the report by the officer and a copy of the order of suspension.

6. Shall inform the person that the person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege may be issued or reinstated following the period of suspension or issuance of a special ignition interlock restricted driver license only if the person completes alcohol or other drug screening.

7. Shall contain information on alcohol or other drug education and treatment programs that are provided by a facility approved by the department of health services.

E. If the blood test result is unavailable at the time the test is administered, the result shall be forwarded to the department before the hearing held pursuant to this section in a form prescribed by the director.

F. If the license or permit is not surrendered pursuant to subsection D of this section, the officer shall state the reason for the nonsurrender. If a valid license or permit is surrendered, the officer shall issue a temporary driving permit that is valid for thirty days. The officer shall forward a copy of the completed order of suspension and a copy of any completed temporary permit to the department within thirty days after the issuance of the order of suspension along with the report. The law enforcement agency may do either of the following with a valid license or permit that is surrendered pursuant to this section:

1. In compliance with sections 41-151.15 and 41-151.19, destroy the license or permit.

2. Forward the license or permit to the department within thirty days after the issuance of the notice of suspension.

G. On receipt of the certified report, the department shall enter an order of suspension on its records. The department shall mail a written notification to the person who is named in the certified report. The notification shall:

1. Include information on alcohol or other drug education and treatment programs that are provided by a facility approved by the department of health services.

2. Disclose all of the following:

(a) Thirty days after the date of issuance of the notice, the department will suspend the person's driving privilege or nonresident operating privilege.

(b) The person may submit a written or online request for a hearing or summary review.

(c) The request for a hearing or summary review must be received by the department within thirty days after the date of the notice or the order of suspension becomes final.

(d) The person's driving privilege or right to apply for a driving privilege or the person's nonresident operating privilege will be suspended as prescribed in subsections H and I of this section.

(e) The person's driving privilege or right to apply for a driving privilege or the person's nonresident operating privilege may be issued or reinstated following the period of suspension only if the person completes alcohol or other drug screening.

(f) The person may apply for a special ignition interlock restricted driver license pursuant to subsections J and K of this section.

H. The department shall suspend the affected person's license or permit to drive or right to apply for a license or permit or any nonresident operating privilege for not less than ninety consecutive days from that date. If the person is otherwise qualified, the department may reinstate the person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the violator completes alcohol or other drug screening.

I. Notwithstanding subsections A, B, C, D, E, F, G and H of this section and except as provided in subsection J of this section, the department shall suspend the driving privileges of the person described in subsection A of this section for at least thirty consecutive days and shall restrict the person's driving privileges as prescribed in section 28-144 for at least sixty consecutive additional days if the person:

1. Did not cause death or serious physical injury as defined in section 13-105 to another person during the course of conduct out of which the current action arose.

2. Has not been convicted of a violation of section 4-244, paragraph 34, section 28-1381, section 28-1382 or section 28-1383 within eighty-four months after the date of commission of the acts out of which the current action arose. The dates of commission of the acts are the determining factor in applying the eighty-four month provision.

3. Provides satisfactory evidence to the department of the person's completion of alcohol or other drug screening that is ordered by the department. If the person does not complete alcohol or other drug screening, the department may impose a ninety day suspension pursuant to this section.

J. In lieu of a driving privilege suspension pursuant to subsection I of this section, on a person's request, the department shall issue a special ignition interlock restricted driver license to the person if the requirements set forth in subsection I, paragraphs 1, 2 and 3 of this section are met.

K. Notwithstanding section 28-1401, the department may issue a special ignition interlock restricted driver license to a person for an offense described in subsection A of this section. A person who applies for and who is issued a special ignition interlock restricted driver license pursuant to this subsection agrees to the administrative action taken by the department against the person's license. Once the department issues a special ignition interlock restricted driver license pursuant to this subsection, the person waives any right to an administrative hearing contesting the administrative action against the person's license pursuant to this section or section 28-1321.

L. A timely request for a hearing stays the suspension until a hearing is held, except that the department shall not return any surrendered license or permit to the person but may issue temporary permits to drive that expire not later than when the department has made its final decision. If the person is a resident without a license or permit or has an expired license or permit, the department may allow the person to apply for a restricted license or permit. If the department determines the person is otherwise entitled to the restricted license or permit, the department shall issue, but retain, the license or permit, subject to this section. All hearings requested under this section shall be conducted in the same manner and under the same conditions as provided in section 28-3306.

M. For the purposes of this section, the scope of the hearing shall include only the following issues:

1. Whether the officer had reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor as prescribed in section 28-1381 or drugs.

2. Whether the person was placed under arrest for a violation of section 4-244, paragraph 34, section 28-1381, section 28-1382 or section 28-1383 or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.

3. Whether a test was taken, the results of which indicated any of the following:

(a) An alcohol concentration in the person's blood or breath at the time the test was administered of either:

(i) 0.08 or more.

(ii) 0.04 or more if the person was driving or in actual physical control of a commercial motor vehicle.

(iii) 0.04 or more if the person was driving or in actual physical control of a vehicle for hire as defined in section 28-9501 or while providing transportation network services as defined in section 28-9551 as a transportation network company driver as defined in section 28-9551.

(b) Any drug defined in section 13-3401 or its metabolite in the person's body except if the person possesses a valid prescription for the drug.

4. Whether the testing method used was valid and reliable.

5. Whether the test results were accurately evaluated.

N. The results of the blood or breath alcohol test shall be admitted on establishing the requirements in section 28-1323 or 28-1326.

O. If the department determines at the hearing to suspend the affected person's privilege to operate a motor vehicle, the suspension provided in this section is effective thirty days after giving written notice of the suspension, except that the department may issue or extend a temporary license that expires on the effective date of the suspension. If the person is a resident without a license or permit or has an expired license or permit to operate a motor vehicle in this state, the department shall deny the issuance of a license or permit to the person for not less than ninety consecutive days. The department may reinstate the person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the violator completes alcohol or other drug screening.

P. A person may request a summary review of an order issued pursuant to this section instead of a hearing at any time before the effective date of the order. A timely request for summary review stays the suspension until a decision is issued. The person shall submit the request in writing to the department together with any written explanation as to why the department should not suspend the driving privilege. The department shall review all reports submitted by the officer and any written explanation submitted by the person and shall determine if the order of suspension should be sustained or voided. The department shall not hold a hearing, and the review is not subject to title 41, chapter 6. The department shall notify the person of its decision.

Q. If the suspension or determination that there should be a denial of issuance is not sustained after a hearing or review, the ruling is not admissible in and does not have any effect on any civil or criminal court proceeding.

R. If it has been determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, the department shall give information either in writing or by electronic means of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which the person has a license.
A.R.S. § 28-4803 — Arizona Code / Title 28 / Chapter 11 / Article 1 / Section 4803
28-4803 Public vehicle; fee exemption
Status: in_force

28-4803. Public vehicle; fee exemption

Fees as prescribed in this title shall not be collected if the transfer of ownership is in the name of a state agency or political subdivision.
A.R.S. § 28-4304 — Arizona Code / Title 28 / Chapter 10 / Article 1 / Section 4304
28-4304 Dealer and registration monies; deposit
Status: in_force

28-4304. Dealer and registration monies; deposit

Monies collected by the director for the following shall be deposited in the state highway fund established by section 28-6991:

1. Civil penalties and vehicle registration reinstatements pursuant to this chapter.

2. Each filing or continuation of a dealer's, manufacturer's, distributor's, importer's, factory branch's, distributor branch's, automotive recycler's or dealer's branch license pursuant to section 28-4302.

3. Each filing for an application for an off-premises exhibition permit or an off-premises display and sales permit.
A.R.S. § 28-2163 — Arizona Code / Title 28 / Chapter 7 / Article 5 / Section 2163
28-2163 Cancellation of registration; refusal to renew registration
Status: in_force

28-2163. Cancellation of registration; refusal to renew registration

A. The department shall cancel, suspend, revoke or deny the registration of a vehicle that it determines is unsafe or unfit to be operated or that is not equipped as required by law and shall retrieve license plates and registration cards for these vehicles.

B. The department shall cancel the registration of a vehicle if the person to whom the registration card or license plates have been issued makes or permits to be made an unlawful use of the vehicle or permits the use of the vehicle by a person not entitled to the use.

C. The department shall refuse to renew the registration of a vehicle owned by a person who has failed to comply with the ignition interlock requirements under chapter 4, articles 3.1 and 5 of this title.
A.R.S. § 28-5921 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5921
28-5921 Violations; classification; civil penalty
Status: in_force

28-5921. Violations; classification; civil penalty

A. A person is guilty of a class 4 felony if the person does any of the following:

1. Corruptly or by force or threats of force or injury either:

(a) Attempts to intimidate, impede or injure an employee of the department acting in an official capacity.

(b) Obstructs, impedes or attempts to obstruct or impede the administration of this chapter.

2. Attempts by means of bribery, misrepresentation, intimidation or force or threats of force to obstruct, delay or prevent the communication of information or testimony relating to a violation of this chapter to an employee or officer of the department.

3. Knowingly injures another person or another person's property on account of the person giving, personally or by another person, any information or testimony relating to a violation of this chapter to an employee or officer of the department.

4. With the intent to evade motor fuel taxes, collects or attempts to collect motor fuel taxes under this chapter and fails to remit the taxes to the department.

B. A person is guilty of a class 5 felony if the person does any of the following:

1. Knowingly fails to pay any tax administered pursuant to this article due or believed to be due by the taxpayer with intent to evade the tax.

2. Knowingly prepares, presents or aids, procures or advises in preparing or presenting any return, affidavit, claim or other document that is fraudulent or is false as to any material matter, whether or not the falsity or fraud is with the knowledge or consent of the taxpayer authorized or required to present the return, affidavit, claim or other document.

3. Simulates or falsely or fraudulently executes or signs any license or other required document, or causes the license or other document to be falsely or fraudulently executed or advises or aids in such execution, with the intent to conceal or cover up a material fact relating to a tax administered pursuant to this article.

4. Knowingly fails to file a return or supply information, or falsifies or conceals a material fact, document or record, makes a false, fictitious or fraudulent statement or representation or makes or uses a false writing or document knowing it to contain a false, fictitious or fraudulent statement or entry, with intent that the department rely on the false, fictitious or fraudulent statement or entry in determining tax liability under this chapter.

5. Knowingly transports or possesses motor fuel with the intent to evade payment of motor fuel taxes.

C. Unless another classification is specifically prescribed in this chapter, a person is guilty of a class 1 misdemeanor who either:

1. Knowingly refuses or fails to make a statement, report or return required by this chapter.

2. Knowingly makes a false statement in a report to the director or in connection with an application for refund of a tax.

3. Knowingly collects or causes to be repaid to the person or to another person, either directly or indirectly, a refund of the tax without being entitled to the refund.

4. Engages in business in this state as a supplier without being the holder of a license to engage in the business.

5. Sells motor fuel the person purchased from another person other than a duly licensed supplier on which the motor fuel tax has not been paid.

D. Each day or part of a day during which a person engages in business as a supplier without being the holder of a license is a separate offense within the meaning of this section.

E. In addition to any other penalties prescribed by law, if part of a deficiency is due to fraud with the intent to evade a tax, fifty per cent of the total amount of the tax shall be assessed, collected and paid as if it were a deficiency.

F. If a taxpayer files what purports to be a return of any tax administered pursuant to this article that is frivolous or that is filed with the intent to impede the administration of this chapter, the taxpayer shall pay a civil penalty of five hundred dollars.
A.R.S. § 28-7697 — Arizona Code / Title 28 / Chapter 21 / Article 7 / Section 7697
28-7697 Nature of transportation project advancement notes; limited obligation
Status: in_force

28-7697. Nature of transportation project advancement notes; limited obligation

A. Transportation project advancement notes issued pursuant to this article are not general obligations of a political subdivision, any public officer or employee of a political subdivision or this state.

B. Transportation project advancement notes are limited obligations of the issuer of the notes and are payable solely from transportation project advance revenues received by the political subdivision and, if provided by the political subdivision at the time of authorizing the issuance of those transportation project advancement notes, other monies lawfully available for application to that purpose and pledged to the payment of the principal, premium, if any, and interest on the notes.

C. A holder of a transportation project advancement note may not compel the payment of transportation project advance revenues to the political subdivision.
A.R.S. § 28-5639 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5639
28-5639 Uncollectible tax credit
Status: in_force

28-5639. Uncollectible tax credit

A. In computing the amount of motor fuel tax due, the supplier is entitled to a credit against the tax payable in the amount of tax paid by the supplier that has become uncollectible from an eligible purchaser.

B. The supplier shall provide notice to the department of a failure to collect the tax within thirty days after the earliest date on which the supplier was entitled to collect the tax from the eligible purchaser under section 28-5637.

C. The credit shall be claimed on the first return after the expiration of the thirty day period if the payment remains unpaid as of the filing date of that return or the credit is disallowed.

D. The claim for credit shall identify the defaulting eligible purchaser and any tax liability that remains unpaid.

E. If an eligible purchaser fails to make a timely payment of the amount of tax due, the credit of the supplier is limited to the amount due from the purchaser, plus any tax that accrues from that purchaser for a period of thirty days after the date of failure to pay.

F. An additional credit shall not be allowed to a supplier under this section until the department authorizes the purchaser under section 28-5638 to make a new election.
A.R.S. § 28-2051 — Arizona Code / Title 28 / Chapter 7 / Article 2 / Section 2051
28-2051 Application for certificate of title; vision screening test
Status: in_force

28-2051. Application for certificate of title; vision screening test

A. A person shall apply to the department on a form prescribed or authorized by the department for a certificate of title to a motor vehicle, trailer or semitrailer. The person shall make the application within fifteen days after the purchase or transfer of the vehicle, trailer or semitrailer except that a licensed motor vehicle dealer shall make the application within thirty days after the purchase or transfer. All transferees shall sign the application, except that one transferee may sign the application if both of the following apply:

1. The application is for the purposes of converting an out-of-state certificate of title to a certificate of title issued pursuant to this article.

2. The ownership or legal status of the motor vehicle, trailer or semitrailer does not change.

B. The application shall contain:

1. The transferee's full name and either the driver license number of the transferee or a number assigned by the department.

2. The transferee's complete residence address.

3. A brief description of the vehicle to be issued a certificate of title.

4. The name of the manufacturer of the vehicle.

5. The serial number of the vehicle.

6. The last license plate number if applicable and if known and the state in which the license plate number was issued.

7. If the application is for a certificate of title to a new vehicle, the date of sale by the manufacturer or dealer to the person first operating the vehicle.

8. If the application is in the name of a lessor:

(a) The lessor shown on the application as the owner or transferee.

(b) At the option of the lessor, the lessee shown on the application as the registrant.

(c) The address of either the lessor or lessee.

(d) The signature of the lessor.

9. If the application is for a certificate of title to a specially constructed, reconstructed or foreign vehicle, a statement of that fact.  For the purposes of this paragraph, "specially constructed vehicle" means a vehicle not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles.

10. If an applicant rents or intends to rent the vehicle without a driver, a statement of that fact.

11. Other information required by the department.

C. Unless subsection B, paragraph 8 of this section applies, on request of an applicant, the department shall allow the applicant to provide on the certificate of title of a motor vehicle, trailer or semitrailer a post office box address that is regularly used by the applicant.

D. A person shall submit the following information with an application for a certificate of title:

1. To a vehicle previously registered:

(a) The odometer mileage disclosure statement prescribed by section 28-2058.

(b) If the applicant is applying for a certificate of title pursuant to section 28-2060, the applicant's statement of the odometer reading as of the date of application.

2. To a new vehicle:

(a) Either of the following:

(i) A manufacturer's certificate of origin showing the date of sale to the dealer or person first receiving the vehicle from the manufacturer.  Before the department issues a certificate of title to a new vehicle, a manufacturer's certificate of origin shall be surrendered to the department.

(ii) A factory invoice, a form that is provided by the department or other documentation that shows the date of sale to the dealer or the person who first received the vehicle from the manufacturer.

(b) The name of the dealer or person.

(c) A description sufficient to identify the vehicle.

(d) A statement certifying that the vehicle was new when sold.

(e) If sold through a dealer, a statement by the dealer certifying that the vehicle was new when sold to the applicant.

E. The department may request that an applicant who appears in person for a certificate of title of a motor vehicle, trailer or semitrailer satisfactorily complete the vision screening test prescribed by the department.
A.R.S. § 28-3471 — Arizona Code / Title 28 / Chapter 8 / Article 8 / Section 3471
28-3471 Violation; civil penalty
Status: in_force

28-3471. Violation; civil penalty

A person who violates a provision of this chapter is subject to a civil penalty unless a different classification is provided by law.
A.R.S. § 28-4146 — Arizona Code / Title 28 / Chapter 9 / Article 4 / Section 4146
28-4146 Immunity
Status: in_force

28-4146. Immunity

Any insurer, insurer's employees or agents or other person is not civilly liable for reports made to the department under section 28-4143 or 28-4144 if the reports are made in good faith based on the most recent information available to the insurer or other appropriate party.
A.R.S. § 28-4302 — Arizona Code / Title 28 / Chapter 10 / Article 1 / Section 4302
28-4302 Fees; disposition
Status: in_force

28-4302. Fees; disposition

A. The following fees are required:

1. For filing each application for a dealer's, manufacturer's, importer's, distributor's, factory branch's, distributor branch's, automotive recycler's or wholesale motor vehicle dealer's license, fifteen dollars.

2. For filing each application for a provisional dealer's, automotive recycler's or wholesale motor vehicle dealer's license filed in conjunction with an application for a dealer's or automotive recycler's license, ten dollars.

3. For each filing of a dealer's, manufacturer's, distributor's, importer's, factory branch's, distributor branch's, automotive recycler's or wholesale motor vehicle dealer's license if issued annually, one hundred dollars, except that if a dealer has a contractual relationship with a third-party lender, the fee is four hundred dollars, of which three hundred dollars shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund and one hundred dollars in the state highway fund.

4. For each continuation of a dealer's license if issued annually, one hundred dollars, except that if a dealer has a contractual relationship with a third-party lender, the fee is two hundred fifty dollars, of which one hundred fifty dollars shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund and one hundred dollars in the state highway fund.

5. For filing or continuing a dealer's branch license if issued annually, fifty dollars.

6. For filing each application for a permit for the off-premises exhibition of motor vehicles, for a motor vehicle show or for a special event to exhibit new motor homes, twenty-five dollars.

7. For filing each application for a permit for the off-premises display and sale of motor vehicles, twenty-five dollars.

B. Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees collected under this section in the Arizona highway user revenue fund.
A.R.S. § 28-1594 — Arizona Code / Title 28 / Chapter 5 / Article 4 / Section 1594
28-1594 Authority to detain persons
Status: in_force

28-1594. Authority to detain persons

A peace officer or duly authorized agent of a traffic enforcement agency may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of this title and to serve a copy of the traffic complaint for an alleged civil or criminal violation of this title.
A.R.S. § 28-2057 — Arizona Code / Title 28 / Chapter 7 / Article 2 / Section 2057
28-2057 Registration without certificate of title or bond; receipt; fee
Status: in_force

28-2057. Registration without certificate of title or bond; receipt; fee

A. If the department is not satisfied as to the ownership of the vehicle or is not satisfied that there are no undisclosed security interests in the vehicle, the department may register a vehicle but shall either:

1. Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in the vehicle.

2. As a condition of issuing a certificate of title, require the applicant to file a bond with the department as prescribed in subsection B of this section.

B. The department shall prescribe the form of the bond required by subsection A of this section. The applicant shall execute the bond and either accompany it with the deposit of cash or have a person authorized to conduct a surety business in this state also execute the bond. The bond shall be in an amount equal to one and one-half times the value of the vehicle as determined by the department and conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle or person acquiring any security interest in it and their respective successors in interest against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest on the right, title and interest of the applicant in and to the vehicle.

C. An interested person has a right of action to recover on the bond for any breach of its condition. The aggregate liability of the surety to all persons shall not exceed the amount of the bond.

D. The bond and any deposit accompanying it shall be returned at the end of three years or prior to the end of three years if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.

E. If the applicant does not have the original certificate of title because the certificate of title is held by a lender located outside this state and if the applicant presents documents to the department sufficient in the judgment of the department to establish ownership of the vehicle, the department may register the vehicle and issue a receipt in lieu of the certificate of title provided by section 28-2052. The fee for the receipt is equal to the fee prescribed for a certificate of title pursuant to section 28-2003.
A.R.S. § 28-1321 — Arizona Code / Title 28 / Chapter 4 / Article 2 / Section 1321
28-1321 Implied consent; tests; refusal to submit to test; order of suspension; hearing; review; temporary permit; notification of suspension; special ignition interlock restricted driver license
Status: in_force

28-1321. Implied consent; tests; refusal to submit to test; order of suspension; hearing; review; temporary permit; notification of suspension; special ignition interlock restricted driver license

A. A person who operates a motor vehicle in this state gives consent, subject to section 4-244, paragraph 34 or section 28-1381, 28-1382 or 28-1383, to a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content if the person is arrested for any offense arising out of acts alleged to have been committed in violation of this chapter or section 4-244, paragraph 34 while the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor as prescribed in section 28-1381 or drugs. The test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle in this state either:

1. While under the influence of intoxicating liquor as prescribed in section 28-1381 or drugs.

2. If the person is under twenty-one years of age, with spirituous liquor in the person's body.

B. After an arrest a violator shall be requested to submit to and successfully complete any test or tests prescribed by subsection A of this section, and if the violator refuses the violator shall be informed that the violator's license or permit to drive will be suspended or denied for twelve months, or for two years for a second or subsequent refusal within a period of eighty-four months, unless the violator expressly agrees to submit to and successfully completes the test or tests. A failure to expressly agree to the test or successfully complete the test is deemed a refusal. The violator shall also be informed that:

1. If the test results show a blood or breath alcohol concentration of 0.08 or more, if the results show a blood or breath alcohol concentration of 0.04 or more and the violator was driving or in actual physical control of a commercial motor vehicle, a vehicle for hire as defined in section 28-9501 or while providing transportation network services as defined in section 28-9551 as a transportation network company driver as defined in section 28-9551 or if the results show there is any drug defined in section 13-3401 or its metabolite in the person's body and the person does not possess a valid prescription for the drug, the violator's license or permit to drive will be suspended or denied for not less than ninety consecutive days.

2. The violator's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege may be issued or reinstated following the period of suspension only if the violator completes alcohol or other drug screening.

C. A person who is dead, unconscious or otherwise in a condition rendering the person incapable of refusal is deemed not to have withdrawn the consent provided by subsection A of this section and the test or tests may be administered, subject to section 4-244, paragraph 34 or section 28-1381, 28-1382 or 28-1383.

D. If a person under arrest refuses to submit to the test designated by the law enforcement agency as provided in subsection A of this section:

1. The test shall not be given, except as provided in section 28-1388, subsection E or pursuant to a search warrant.

2. The law enforcement officer directing the administration of the test shall:

(a) File a certified report of the refusal with the department within thirty days after the date of the arrest. If a certified report is not forwarded to the department as prescribed by this subdivision, the department shall not enter an order of suspension on its records unless the violation listed in subsection A of this section resulted in death or serious physical injury as defined in section 13-105.

(b) On behalf of the department, do one of the following:

(i) Serve an order of suspension on the person that is effective thirty days after the date the order is served.

(ii) Advise the person that the certified report will be submitted to the department and that the department will notify the person in writing if an order of suspension is entered. The law enforcement officer shall direct the person to ensure the person's address is updated with the department pursuant to section 28-448.

(c) Require the immediate surrender of any license or permit to drive that is issued by this state and that is in the possession or control of the person. The law enforcement agency may do either of the following to a driver license or permit taken into possession under this subdivision:

(i) In compliance with sections 41-151.15 and 41-151.19, destroy the driver license or permit.

(ii) Forward the driver license or permit to the department within thirty days after the issuance of the notice of suspension.

(d) If the license or permit is not surrendered, state the reason why it is not surrendered.

(e) If a valid license or permit is surrendered, issue a temporary driving permit that is valid for thirty days.

(f) Forward the certified report of refusal, a copy of the completed notice of suspension and a copy of any completed temporary permit to the department within thirty days after the issuance of the notice of suspension.

E. The certified report is subject to the penalty for perjury as prescribed by section 28-1561 and shall state all of the following:

1. The officer's reasonable grounds to believe that the arrested person was driving or in actual physical control of a motor vehicle in this state either:

(a) While under the influence of intoxicating liquor as prescribed in section 28-1381 or drugs.

(b) If the person is under twenty-one years of age, with spirituous liquor in the person's body.

2. The manner in which the person refused to submit to the test or tests.

3. That the person was advised of the consequences of refusal.

F. On receipt of the certified report of refusal and a copy of the order of suspension, the department shall enter the order of suspension on its records. The order of suspension is effective thirty days after the date that the order was served unless a timely request for a hearing as provided in this section is filed by the accused person. If the department receives only the certified report of refusal, the department shall notify the person named in the report in writing sent by mail that:

1. Thirty days after the date of issuance of the notice the department will suspend the person's license or permit, driving privilege or nonresident driving privilege.

2. The department will provide an opportunity for a hearing if the person requests a hearing in writing or online and the request is received by the department within thirty days after the notice is sent.

G. The order of suspension issued by a law enforcement officer or the department under this section shall notify the person that:

1. The person may submit a written or online request for a hearing.

2. The request for a hearing must be received by the department within thirty days after the date of the notice or the order of suspension will become final.

3. The affected person's license or permit to drive or right to apply for a license or permit or any nonresident operating privilege will be suspended for twelve months from that date or for two years from that date for a second or subsequent refusal within a period of eighty-four months.

4. The person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege may be issued or reinstated following the period of suspension only if the person completes alcohol or other drug screening.

H. The order for suspension shall:

1. Be accompanied by printed forms that are ready to mail to the department, that may be filled out and signed by the person to indicate the person's desire for a hearing and that advise the person that the person may alternatively submit an online request for a hearing.

2. Advise the person that unless the person has surrendered any driver license or permit issued by this state the person's hearing request will not be accepted, except that the person may certify pursuant to section 28-3170 that the license or permit is lost or destroyed.

I. On the receipt of a request for a hearing, the department shall set the hearing within sixty days. The department may hold the hearing in person, by telephone or by videoconference. If the department holds the hearing in person, the hearing shall be held in the county in which the person named in the report resides unless the law enforcement agency filing the certified report of refusal pursuant to subsection D of this section requests at the time of its filing that the hearing be held in the county where the refusal occurred.

J. A timely request for a hearing stays the suspension until a hearing is held, except that the department shall not return any surrendered license or permit to the person but may issue temporary permits to drive that expire not later than when the department has made its final decision. If the person is a resident without a license or permit or has an expired license or permit, the department may allow the person to apply for a restricted license or permit. If the department determines the person is otherwise entitled to the license or permit, the department shall issue and retain a restricted license or permit subject to this section.

K. Hearings requested under this section shall be conducted in the same manner and under the same conditions as provided in section 28-3306. For the purposes of this section, the scope of the hearing shall include only the issues of whether:

1. A law enforcement officer had reasonable grounds to believe that the person was driving or was in actual physical control of a motor vehicle in this state either:

(a) While under the influence of intoxicating liquor as prescribed in section 28-1381 or drugs.

(b) If the person is under twenty-one years of age, with spirituous liquor in the person's body.

2. The person was placed under arrest.

3. The person refused to submit to the test.

4. The person was informed of the consequences of refusal.

L. If the department determines at the hearing to suspend the affected person's privilege to operate a motor vehicle, the suspension provided in this section is effective thirty days after giving written notice of the suspension, except that the department may issue or extend a temporary license that expires on the effective date of the suspension. If the person is a resident without a license or permit or has an expired license or permit to operate a motor vehicle in this state, the department shall deny to the person the issuance of a license or permit for a period of twelve months after the order of suspension becomes effective or for a period of two years after the order of suspension becomes effective for a second or subsequent refusal within a period of eighty-four months, and may reinstate the person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the person completes alcohol or other drug screening.

M. If the suspension order is sustained after the hearing, a motion for rehearing is not required. Within thirty days after a suspension order is sustained, the affected person may file a petition in the superior court to review the final order of suspension or denial by the department in the same manner provided in section 28-3317. The court shall hear the review of the final order of suspension or denial on an expedited basis.

N. If the suspension or determination that there should be a denial of issuance is not sustained, the ruling is not admissible in and has no effect on any administrative, civil or criminal court proceeding.

O. If it has been determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, the department shall give information either in writing or by electronic means of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which the person has a license.

P. After completing any alcohol or other drug screening that is ordered by the department pursuant to this chapter, a person whose driving privilege is suspended pursuant to this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28-1401. Unless the certified ignition interlock period is extended by the department pursuant to section 28-1461, a person who is issued a special ignition interlock restricted driver license as provided in this subsection shall maintain a functioning certified ignition interlock device in compliance with this chapter during the remaining period of the suspension prescribed by this section. This subsection does not apply to a person whose driving privilege is suspended for a second or subsequent refusal within a period of eighty-four months.

Q. Notwithstanding section 28-1401, the department may issue a special ignition interlock restricted driver license to a person for an offense described in subsection A of this section. A person who applies for and who is issued a special ignition interlock restricted driver license pursuant to this subsection agrees to the administrative action taken by the department against the person's license. Once the department issues a special ignition interlock restricted driver license pursuant to this subsection, the person waives any right to an administrative hearing contesting the administrative action against the person's license pursuant to this section or section 28-1385.
A.R.S. § 28-3511 — Arizona Code / Title 28 / Chapter 8 / Article 9 / Section 3511
28-3511 Removal and immobilization or impoundment of vehicle; Arizona crime information center database
Status: in_force

28-3511. Removal and immobilization or impoundment of vehicle; Arizona crime information center database

A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that:

1. A person is driving the vehicle while any of the following applies:

(a) Except as otherwise provided in this subdivision, the person's driving privilege is revoked for any reason. A peace officer shall not cause the removal and either immobilization or impoundment of a vehicle pursuant to this subdivision if the person's privilege to drive is valid in this state.

(b) The person has not ever been issued a valid driver license or permit by this state and the person does not produce evidence of ever having a valid driver license or permit issued by another jurisdiction.  This subdivision does not apply to the operation of an implement of husbandry.

(c) The person is subject to an ignition interlock device requirement pursuant to chapter 4 of this title and the person is operating a vehicle without a functioning certified ignition interlock device.  This subdivision does not apply to the operation of a vehicle due to a substantial emergency as defined in section 28-1464.

(d) In furtherance of the illegal presence of an alien in the United States and in violation of a criminal offense, the person is transporting or moving or attempting to transport or move an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law.

(e) The person is concealing, harboring or shielding or attempting to conceal, harbor or shield from detection an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, entered or remains in the United States in violation of law.

2. A person is driving a vehicle in violation of section 28-693 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death.

3. A person is driving a vehicle in violation of section 28-708 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death.

4. A person is obstructing a highway or other public thoroughfare in violation of section 13-2906 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death.

5. The vehicle is displayed for sale or for transfer of ownership with a vehicle identification number that has been destroyed, removed, covered, altered or defaced.

B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply:

1. The person's driving privilege is canceled or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction.

2. The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person.

C. Except as provided in subsection D of this section, while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4-244, paragraph 34 or section 28-1382 or 28-1383.

D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply:

1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

2. Another person is with the driver at the time of the arrest.

3. The peace officer has reasonable grounds to believe that the other person who is with the driver at the time of the arrest meets all of the following:

(a) Has a valid driver license.

(b) Is not impaired by intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances.

(c) Does not have any spirituous liquor in the person's body if the person is under twenty-one years of age.

4. The other person who is with the driver at the time of the arrest notifies the peace officer that the person will drive the vehicle from the place of arrest to the driver's home or other place of safety.

5. The other person drives the vehicle as prescribed by paragraph 4 of this subsection.

E. Except as provided in subsection H of this section and as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for twenty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment.

F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section, the spouse of the owner and each person who has provided the department with indicia of ownership as prescribed in section 28-3514 or other interest in the vehicle that exists immediately before the immobilization or impoundment shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28-3514.

G. A law enforcement agency that employs the peace officer who removes and either immobilizes or impounds a vehicle pursuant to this section shall enter information about the removal and either immobilization or impoundment of the vehicle in the Arizona crime information center database within three business days after the removal and either immobilization or impoundment.

H. A vehicle that is removed and either immobilized or impounded pursuant to subsection A, paragraph 4 of this section shall be immobilized or impounded for seven days.
A.R.S. § 28-7094 — Arizona Code / Title 28 / Chapter 20 / Article 6 / Section 7094
28-7094 Property acquisition; future needs; highway properties fund; rental revenue
Status: in_force

28-7094. Property acquisition; future needs; highway properties fund; rental revenue

A. The authority provided by this article to acquire real property for transportation purposes includes authority to acquire for future needs if the board has an adopted and approved state route plan or airport site location showing a reasonable need for the property.

B. The director may:

1. Except as provided in paragraphs 3 and 4 of this subsection, lease at fair rental value or for fair consideration to allow the use of any land, improvement or portion of land or improvement that is held for transportation purposes and that is not presently needed for these purposes on terms and conditions determined by the director.

2. Maintain and care for the property described in paragraph 1 of this subsection to secure rent from the property on terms consistent with this article.

3. If used for a public purpose, allow local agencies to use and maintain any land, improvement or portion of land or improvement that is held for transportation purposes and that is not presently needed for these purposes at fair rental value and on other terms and conditions determined by the director. The director may reduce the fair rental value by the costs of the maintenance of the land or improvement.

4. If used for a public purpose, lease to nonprofit organizations, state agencies or local agencies any historic property that is held for transportation purposes and that is not presently needed for these purposes at fair rental value and on other terms and conditions determined by the director. The director may reduce the fair rental value by the costs of the maintenance of the land or improvement.

C. The highway properties fund is established. The director shall deposit, pursuant to sections 35-146 and 35-147, rents received from property acquired in the state highway fund established by section 28-6991, except that twenty-four percent of all rents received shall be deposited in the highway properties fund. Net income received from rentals under this section shall be credited to the budgetary item from which the property was acquired.

D. If the director determines that any rental revenue collected under this section represents overpayment or payment in duplicate, the director may authorize the refund of the overpayment or payment in duplicate from the highway properties fund and the state highway fund established by section 28-6991.

E. Not later than November 1 next following the close of any fiscal year, the department of administration shall pay the rents deposited in the highway properties fund to the county treasurer in the county in which the real property is situated. The director of the department of transportation shall certify to the department of administration the amount of the rentals attributable to each county and shall notify each county of the rental and location of each piece of rental property for which rents are deposited in the fund.

F. The county treasurer shall distribute any payment received by the county treasurer pursuant to this section to the county, to each revenue district for which the county assesses and collects real property taxes or assessments and to every other taxing agency within the county in which the property is situated. The amount distributable to the county and each such revenue district or other taxing agency shall be proportionate to the ratio that the amount of the taxes and assessments of each on similar real property similarly situated within that part of the county embracing the smallest in area of the revenue districts or other taxing agencies other than the county, levied for the fiscal year next preceding, bears to the combined amount of the taxes and assessments of all such districts and agencies, including the county, on such property levied for that year. The county treasurer shall determine and certify the amounts distributable to the board of supervisors, and the board shall order the distribution.

G. Any monies distributed pursuant to this section to any county, revenue district or other taxing agency shall be deposited to the credit of the same fund as any taxes or assessments on any taxable similar real property similarly situated. If a county receives a payment pursuant to this section of $25 or less for any parcel of leased property, all of the payment shall be distributed to the county for deposit in the county general fund.

H. The respective jurisdictions may spend the monies received by them under this section for any proper public purpose not prohibited by the state constitution.
A.R.S. § 28-6703 — Arizona Code / Title 28 / Chapter 19 / Article 1 / Section 6703
28-6703 Hearing
Status: in_force

28-6703. Hearing

A. At the hearing provided for in section 28-6702, the board of supervisors:

1. Shall consider the feasibility, advantages and necessity of the highway sought to be established.

2. If the board determines the proposed highway is a public necessity, may approve the establishment of the highway by resolution and may accept any right-of-way or property donated to this state or the county.

B. An affected landowner or party may execute a written waiver or release of all compensation or any part of the compensation or may grant any easement or other conveyance of property for the purpose of establishing a highway.
A.R.S. § 28-1386 — Arizona Code / Title 28 / Chapter 4 / Article 3 / Section 1386
28-1386 Operating a motor vehicle, aircraft, watercraft or water skis under the influence; emergency response costs; definitions
Status: in_force

28-1386. Operating a motor vehicle, aircraft, watercraft or water skis under the influence; emergency response costs; definitions

A. A person who is under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances, who causes an accident that results in an appropriate emergency response and who is convicted of a violation of any of the following sections is liable for the expenses of that emergency response:

1. Section 28-1381, 28-1382 or 28-1383.

2. Section 28-8279, section 28-8280 or section 28-8282, subsection C.

3. Section 5-395 or 5-397.

B. The expenses of an emergency response are a charge against the person liable for those expenses pursuant to subsection A, paragraph 1 of this section. The charge is a debt of that person. The public agency, for-profit entity or not-for-profit entity that incurred the expenses may collect the debt proportionally. The person's liability for the expenses of an emergency response shall not exceed one thousand dollars for a single accident. The liability imposed under this section is in addition to and not in limitation of any other liability that may be imposed.

C. Any testimony, admission or other statement made by a defendant in a proceeding brought pursuant to this section or any evidence derived from the testimony, admission or statement is not admissible in a criminal proceeding arising out of the same accident.

D. As used in this section:

1. "Expenses of an emergency response" means reasonable costs directly incurred by a public agency, for-profit entity or not-for-profit entity that makes an appropriate emergency response to an accident, including the costs of providing police, fire fighting, rescue and emergency medical services at the scene of an accident and the salaries of the persons who respond to the accident but excluding charges assessed by an ambulance service that is regulated pursuant to title 36, chapter 21.1, article 2.

2. "Public agency" means this state and any city, county, municipal corporation, district or other public authority that is located in whole or in part in this state and that provides police, fire fighting, medical or other emergency services.
A.R.S. § 28-7341 — Arizona Code / Title 28 / Chapter 20 / Article 12 / Section 7341
28-7341 Agreements between department and federal agencies
Status: in_force

28-7341. Agreements between department and federal agencies

The director may enter into cooperative agreements with the secretary or any authorized officer of the departments constituting the defense establishment of the United States, the federal highway administrator or any other authorized officer or agency of the United States for construction, acquisition, maintenance or improvement of roads and other projects.
A.R.S. § 28-8280 — Arizona Code / Title 28 / Chapter 25 / Article 3 / Section 8280
28-8280 Careless or reckless aircraft operation; violation; classification; definitions
Status: in_force

28-8280. Careless or reckless aircraft operation; violation; classification; definitions

A. A person who operates an aircraft in the air, on the ground or on the water in a careless or reckless manner that endangers the life or property of another is guilty of a class 1 misdemeanor. In determining whether the operation was careless or reckless, the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.

B. For the purposes of this section:

1. "Aircraft" includes a model aircraft and civil unmanned aircraft.

2. "Civil unmanned aircraft" has the same meaning prescribed in section 13-3729.

3. "Model aircraft" has the same meaning prescribed in section 13-3729.
A.R.S. § 28-936 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 936
28-936 Lamps on parked vehicles
Status: in_force

28-936. Lamps on parked vehicles

A. When a vehicle is lawfully parked on a street or highway during the hours between a half hour after sunset and a half hour before sunrise and if there is sufficient light to reveal a person or object within a distance of five hundred feet on the street or highway, lights need not be displayed on the parked vehicle.

B. When a vehicle is parked or stopped on a roadway or shoulder adjacent to the roadway, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and if there is not sufficient light to reveal a person or object within a distance of five hundred feet on the highway, the parked or stopped vehicle shall be equipped with one or more lamps that exhibit a white or amber light on the roadway side and that are visible from a distance of five hundred feet to the front of the vehicle and a red light visible from a distance of five hundred feet to the rear. This subsection does not apply to a motor driven cycle.

C. A lighted head lamp on a parked vehicle shall be depressed or dimmed.
A.R.S. § 28-3397 — Arizona Code / Title 28 / Chapter 8 / Article 7 / Section 3397
28-3397 Additional fees; disposition
Status: in_force

28-3397. Additional fees; disposition

A. In addition to the court diversion fee and the fee for the cost to attend a defensive driving school, a person who attends a defensive driving school pursuant to this article or by a court order shall pay a fee of not more than fifteen dollars that is established by the supreme court.

B. Before or at the time an individual attends a defensive driving school, the school shall collect the defensive driving school fund fee established pursuant to this section and the fee, if any, charged by the defensive driving school for the course.

C. The defensive driving school shall transmit the fee established by the supreme court pursuant to this section to the supreme court. The supreme court shall deposit the fee in the defensive driving school fund established by section 28-3398 pursuant to procedures established by the supreme court.
A.R.S. § 28-4547 — Arizona Code / Title 28 / Chapter 10 / Article 7 / Section 4547
28-4547 Requirements for temporary registration plates
Status: in_force

28-4547. Requirements for temporary registration plates

A. A dealer shall not:

1. Issue, assign or deliver temporary registration plates to anyone other than a bona fide purchaser of a vehicle that is not registered for the current year.

2. Issue temporary registration plates unless the purchaser files an application for a certificate of title and an application for annual registration of the vehicle before or at the time the plates are issued.

3. Issue temporary registration plates unless the application for a certificate of title is accompanied by either a manufacturer's certificate of origin properly assigned by a licensed new motor vehicle dealer, a properly signed certificate of title or a title transfer form.

B. The dealer, as the agent of the purchaser, shall forward the application for a certificate of title, the application for registration and the prescribed fees for both applications to the department.
A.R.S. § 28-7142 — Arizona Code / Title 28 / Chapter 20 / Article 7 / Section 7142
28-7142 Relocation assistance advisory services
Status: in_force

28-7142. Relocation assistance advisory services

A. Programs or projects undertaken by a displacing agency shall be planned in a manner that both:

1. Recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions that will cause displacements, the problems associated with the displacement of individuals, families, businesses and farm operations.

2. Provides for the resolution of the problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.

B. The displacing agency shall ensure that the relocation assistance advisory services described in subsection C are made available to all persons displaced by the agency. If the displacing agency determines that a person occupying property that is immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result of the activity, the agency may make advisory services available to the person.

C. Each relocation assistance advisory program required by subsection B shall include the measures, facilities or services that may be necessary or appropriate in order to:

1. Determine and make timely recommendations on the needs and preferences, if any, of displaced persons for relocation assistance.

2. Provide current and continuing information on the availability, sales prices and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations.

3. Assist a person who is displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location.

4. Supply:

(a) Information concerning federal, state and local programs that may be of assistance to displaced persons.

(b) Technical assistance to those persons in applying for assistance under the programs.

5. Provide other advisory services to displaced persons in order to minimize hardships to those persons in adjusting to relocation.

D. The displacing agency shall coordinate relocation activities performed by the agency with other federal, state or local governmental actions in the community that could affect the efficient and effective delivery of relocation assistance and related services.

E. If a displacing agency acquires property for a program or project, a person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project is eligible for advisory services to the extent determined by the displacing agency.

F. The department may establish local relocation assistance offices to carry out subsection A.

G. The department may contract with federal, other state, county or local agencies to provide relocation assistance services if the agency is required by law to provide the services and if the services are compatible with those services provided by the department.
A.R.S. § 28-1633 — Arizona Code / Title 28 / Chapter 5 / Article 5 / Section 1633
28-1633 Contracts
Status: in_force

28-1633. Contracts

A. A court or political subdivision of this state may contract with the department to:

1. Provide electronic data access of department records to facilitate documentation of unpaid monetary obligations for violations of title 5, chapter 3 and for civil and criminal traffic violations and for failure to appear in criminal traffic cases.

2. Refuse to renew a motor vehicle registration until the court or political subdivision notifies the department in a form prescribed by the director that either:

(a) The unpaid monies due on the violation for which a vehicle registration was not renewed have been paid.

(b) The unpaid monies are no longer delinquent.

(c) The registered owner charged with the criminal traffic offense appeared in court for the criminal traffic offense for which the vehicle registration was not renewed.

(d) A waiver was issued under section 28-1635.

3. Collect the unpaid monies on behalf of the court or political subdivision under terms and conditions prescribed by the contract.

B. A court that is not authorized by law to contract directly with the department shall seek the approval of the appropriate funding authority before entering into a contract with the department.

C. The director shall implement the electronic access authorized by this section only if the director determines the system proposed by the court or political subdivision is fully compatible with the existing and anticipated systems of the department.

D. An agreement may be executed pursuant to this section only if all of the following conditions are met:

1. The planning, implementation and operation of the system are at no expense to the department.

2. The court or political subdivision both:

(a) Ensures that its system is compatible with state systems and those of participating courts or political subdivisions.

(b) Agrees that it will bear all current and future expenses necessary to ensure compatibility of its system with the state system.

3. The court or political subdivision assumes all financial, technical and legal risks associated with electronic access of department records through its system.

E. The department, court or political subdivision may contract with nongovernmental agencies or private sector businesses to perform any of the acts authorized by this section, except that the department shall mail the notice to all registered owners at the most recent address for each registered owner known to the department that the vehicle registration will not be renewed.
A.R.S. § 28-3309 — Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3309
28-3309 License suspension and denial; improper use by persons under legal drinking age; improper use by persons under eighteen years of age; providing spirituous liquor to a minor; exceptions
Status: in_force

28-3309. License suspension and denial; improper use by persons under legal drinking age; improper use by persons under eighteen years of age; providing spirituous liquor to a minor; exceptions

A. The department shall promptly suspend a driver license or nonoperating identification license issued to or the driving privilege of a person who is under the legal drinking age and who is convicted of using a false or lawfully issued license of this state or any other jurisdiction in violation of section 4-241, subsection L or N for not more than:

1. Six months for a first conviction.

2. Twelve months for a second or subsequent conviction.

B. The department shall promptly deny the right of an otherwise qualified person to apply for a driver and identification license if the person does not have a valid driver or identification license and the person is convicted of using the driver or identification license of another person in violation of section 4-241, subsection L or N or in violation of section 13-3403.02, subsection C for not more than:

1. Six months for a first conviction.

2. Twelve months for a second or subsequent conviction.

C. The department shall promptly suspend a driver license or nonoperating identification license issued to or the driving privilege of a person who is under eighteen years of age and who is convicted of using a false or lawfully issued license of this state or any other jurisdiction in violation of section 13-3403.02, subsection C for not less than:

1. Six months for a first conviction.

2. Twelve months for a second or subsequent conviction.

D. If a judge orders the suspension of a driver license or driving privilege for a violation of section 4-241, subsection P, the department shall promptly suspend a driver license issued to or the driving privilege of the person for the period of time ordered by the judge.

E. Subsection D of this section does not apply to any of the following:

1. A parent who is over twenty-one years of age and who gives spirituous liquor to the parent's child in a private residence.

2. A guardian who is over twenty-one years of age and who gives spirituous liquor to the guardian's ward in a private residence.

3. A person who gives spirituous liquor to another person who is under twenty-one years of age in conjunction with a religious service or ceremony pursuant to section 4-249 if the spirituous liquor was lawfully purchased.

4. A title 4 licensee and its employees, as long as the licensee is acting within the scope of its license and the employee is acting within the scope of employment.
A.R.S. § 28-8386 — Arizona Code / Title 28 / Chapter 25 / Article 5 / Section 8386
28-8386 Violation; classification
Status: in_force

28-8386. Violation; classification

A person is guilty of a class 6 felony if the person either:

1. Acts as an aircraft dealer without obtaining an aircraft dealer's license.

2. Knowingly fails to give the notification prescribed by section 28-8383, subsection A, paragraph 2.
A.R.S. § 28-8421 — Arizona Code / Title 28 / Chapter 25 / Article 6 / Section 8421
28-8421 Joint exercise of powers
Status: in_force

28-8421. Joint exercise of powers

The powers, rights and authority granted by this article to a city, town or county may be exercised by either:

1. Two or more cities, towns or counties.

2. A joint powers airport authority formed pursuant to article 8 of this chapter, if in connection with the closing of a military facility.

3. This state and a city, town or county acting jointly, either within or outside the territorial limits of the city, town or county.

4. Either within or outside this state, by this state or by this state and a city, town or county of this state, acting jointly with another state or with another state and a city, town or county in such state if the laws of the other state permit the joint action.
A.R.S. § 28-1557 — Arizona Code / Title 28 / Chapter 5 / Article 3 / Section 1557
28-1557 Traffic complaint form; use of social security number prohibited
Status: in_force

28-1557. Traffic complaint form; use of social security number prohibited

A. Each traffic enforcement agency in this state shall use a uniform traffic ticket and complaint form for traffic complaints pursuant to the rules of procedure in traffic cases adopted by the supreme court of Arizona that is issued in books meeting the requirements of this article.

B. Each traffic complaint shall contain the following notice:

1. If you fail to appear as directed in this complaint on a criminal charge, a warrant will be issued for your arrest and your license will be suspended.

2. If you fail to appear as directed in this complaint on a civil traffic violation:

(a) A default judgment will be entered against you.

(b) A civil penalty will be imposed.

(c) Your license or nonresident operating privilege will be suspended until the civil penalty is paid.

C. The chief administrative officer of each traffic enforcement agency:

1. Is responsible for the issuance of the books.

2. Shall maintain a record of every book and each complaint contained in the book issued to individual members of the traffic enforcement agency.

3. Shall require and retain a receipt for each issued book.

D. A traffic complaint that is issued to an individual shall not contain a person's social security number.  This subsection does not apply to copies of the traffic complaint that are retained by law enforcement and the courts.
A.R.S. § 28-703.01 — Arizona Code / Title 28 / Chapter 3 / Article 6 / Section 703.01
28-703.01 End of speed zone; signs required
Status: in_force

28-703.01. End of speed zone; signs required

The agency or authority establishing a speed zone under section 28-702 or 28-703 is responsible for erecting:

1. At the beginning of each zone a sign designating the maximum allowable speed within the zone.

2. At the end of each zone a sign bearing either the legend "resume speed" or setting forth the new maximum speed limit.
A.R.S. § 28-5727 — Arizona Code / Title 28 / Chapter 16 / Article 2 / Section 5727
28-5727 Erroneous assessment; cancellation in records
Status: in_force

28-5727. Erroneous assessment; cancellation in records

If an amount has been illegally or erroneously assessed against a licensee, the director shall cancel that amount on the director's records if a written claim for the amount is made within three years after the illegal or erroneous assessment is made.
A.R.S. § 28-3304 — Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3304
28-3304 Mandatory revocation of license; definition
Status: in_force

28-3304. Mandatory revocation of license; definition

A. In addition to the grounds for mandatory revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately revoke the license of a driver on receipt of a record of the driver's conviction of any of the following offenses if the conviction is final:

1. A homicide or aggravated assault resulting from the operation of a motor vehicle.

2. A felony in the commission of which a motor vehicle is used.

3. Theft of a motor vehicle pursuant to section 13-1802.

4. Unlawful use of means of transportation pursuant to section 13-1803.

5. Theft of means of transportation pursuant to section 13-1814.

6. Drive by shooting pursuant to section 13-1209.

7. Failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another.

8. Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of a motor vehicle.

9. Conviction or forfeiture of bail not vacated on a second charge of violating section 28-1381 or 28-1382 within eighty-four months.

10. Conviction or forfeiture of bail not vacated on a third or subsequent charge of violating section 28-1381, 28-1382 or 28-1383 within eighty-four months.

11. Conviction or forfeiture of bail not vacated on a charge of violating section 28-1381 or 28-1382 and the driver has been convicted within a period of eighty-four months of an offense in another jurisdiction that if committed in this state would be a violation of section 28-1381 or 28-1382.

B. In determining the starting date for the eighty-four month period prescribed in subsection A, paragraphs 9, 10 and 11 of this section, the department shall use the date of the commission of the offense.

C. For the purposes of this section, "conviction" means a final adjudication or judgment, including an order of a 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. § 28-7361 — Arizona Code / Title 28 / Chapter 20 / Article 13 / Section 7361
28-7361 Definitions
Status: in_force

28-7361. Definitions

In this article, unless the context otherwise requires:

1. "Architect services" means those professional architect services that are within the scope of architectural practice as provided in title 32, chapter 1.

2. "Construction-manager-at-risk" means a project delivery method in which:

(a) There is a contract for construction services that is separate from the contract for design services, except that instead of a single contract for construction services, the department may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services.

(b) Design services are performed under a separate design services contract, except that as to bridges and other transportation facilities the department may perform with its own employees or force account preliminary design and either:

(i) In the case of bridges only, all design services up to final design.

(ii) In the case of other transportation facilities, up to twenty per cent of the design work.

(c) The contract for construction services may be entered into at the same time as the design services are commenced or at a later time.

(d) Design and construction of the project may be either:

(i) Sequential with the entire design complete before construction commences.

(ii) Concurrent with the design produced in two or more phases and construction of some phases commencing before the entire design is complete.

(e) Finance services, maintenance services, operations services, preconstruction services and other related services may be included.

3. "Construction services" means either of the following for construction-manager-at-risk and job-order-contracting project delivery methods:

(a) Construction, excluding services, through the construction-manager-at-risk or job-order-contracting project delivery methods.

(b) A combination of construction and, as elected by the department, one or more related services, such as finance services, maintenance services, operations services, design services and preconstruction services, as those services are authorized in the definition of construction-manager-at-risk or job-order-contracting.

4. "Contract" means all types of department agreements, regardless of what they are called, for procurements pursuant to this article.

5. "Contractor" means any person who has a contract with the department.

6. "Design-build" means the process of entering into and managing a contract between the department and another party in which the other party agrees to both design and build a highway, a structure, a facility or other items specified in the contract.

7. "Design-builder" means any individual, partnership, joint venture, corporation or other legal entity that is appropriately licensed in this state and that furnishes the necessary design services, in addition to construction of the work, whether by itself or through subcontracts, including subcontracts for architectural and engineering services.

8. "Design services" means architect services, engineer services or landscape architect services.

9. "Emergency" means an immediate threat to public health, welfare or safety caused by flood, earthquake, hurricane, tornado, explosion, fire or other catastrophe such that compliance with normal bidding procedures for repair or reconstruction of transportation facilities would be impracticable or contrary to the public interest.

10. "Engineer services" means those professional engineer services that are within the scope of engineering practice as provided in title 32, chapter 1.

11. "Finance services" means financing for a construction services project.

12. "Job-order-contracting" means a project delivery method in which:

(a) The contract is for indefinite quantities of construction and, at the election of the department, may or may not include a guaranteed minimum amount of work.

(b) The construction to be performed is specified in job orders issued during the contract.

(c) Finance services, maintenance services, operations services, preconstruction services, design services and other related services may be included.

13. "Landscape architect services" means those professional landscape architect services that are within the scope of landscape architectural practice as provided in title 32, chapter 1.

14. "Maintenance services" means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property.

15. "Operations services" means routine operation of existing facilities, structures, buildings or real property.

16. "Person" means any corporation, business, individual, union, committee, club, other organization or group of individuals.

17. "Preconstruction services" means services and other activities during the design phase.

18. "Specific single project" means a project that is constructed at a single location, at a common location or for a common purpose.

19. "Subcontractor" means a person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with the department.
A.R.S. § 28-507 — Arizona Code / Title 28 / Chapter 2 / Article 7 / Section 507
28-507 Transportation system database
Status: in_force

28-507. Transportation system database

A. In cooperation with local, regional and tribal agencies, the division shall develop and maintain a geographically oriented database of the existing and planned components of the statewide transportation system.  The database shall be complete and operational on or before June 30, 2004.

B. The database shall include information concerning all projects considered for inclusion in the statewide transportation plan developed pursuant to section 28-506.

C. All cities, towns, counties and other transportation agencies that receive state or federal transportation monies shall maintain standardized records of their long-range transportation needs and shall report these needs to the division on or before September 1 of each year.  As appropriate, local transportation planning agencies may rely on the planning activities and reports of the department and regional planning agencies if these activities and reports have been undertaken pursuant to requirements of this article.

D. In cooperation with local, regional and tribal agencies, the division shall prepare for presentation to the board minimum standards or guidelines delineating the standardized data and information that must be submitted pursuant to this section.  The minimum standards shall recognize the differences in local or regional circumstances.
A.R.S. § 28-7567 — Arizona Code / Title 28 / Chapter 21 / Article 2 / Section 7567
28-7567 Notice; bond issuance
Status: in_force

28-7567. Notice; bond issuance

A. The board shall publish a notice of its intention to issue bonds under this article for at least five consecutive days in a newspaper published in this state. The last day of publication shall be at least ten days before the issuance of the bonds.

B. The notice shall state the amount of the bonds to be sold and the intended date of issuance.
A.R.S. § 28-4139 — Arizona Code / Title 28 / Chapter 9 / Article 4 / Section 4139
28-4139 License plate display violation; civil penalty; disposition
Status: in_force

28-4139. License plate display violation; civil penalty; disposition

A. Display of a license plate on a motor vehicle if the registration or license plate has been suspended pursuant to this article shall subject the person involved to a civil penalty of not less than two hundred fifty dollars.

B. The court shall impose the penalty pursuant to this section in addition to any other penalties imposed pursuant to this article.

C. Suspended license plates shall be confiscated at the time of citation, and all penalties imposed pursuant to this section shall be paid to the general fund of the state agency or political subdivision of the citing officer.

D. The department shall provide information on suspended license plates to law enforcement agencies.
A.R.S. § 28-6002 — Arizona Code / Title 28 / Chapter 16 / Article 6 / Section 6002
28-6002 Collection agent
Status: in_force

28-6002. Collection agent

For the purposes of section 28-6001, the director of the department of transportation acts only as a collecting agent for the director of the department of environmental quality and assumes no responsibility for the underlying tax liability other than that described in this article.
A.R.S. § 28-1602 — Arizona Code / Title 28 / Chapter 5 / Article 4 / Section 1602
28-1602 Photo enforcement violations; law enforcement review; violation; classification; service of process; no duty to identify photo or respond; definitions
Status: in_force

28-1602. Photo enforcement violations; law enforcement review; violation; classification; service of process; no duty to identify photo or respond; definitions

A. Notwithstanding any other law, if a person receives a notice of violation in the mail for a violation of chapter 3, article 3 or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device that is obtained using a photo enforcement system, the person does not have to do either of the following:

1. Identify who is in the photo.

2. Respond to the notice of violation.

B. The notice of violation must state the following:

1. The notice is not a court issued document and the recipient is under no obligation to identify the person or respond to the notice.

2. Failure to respond to the notice may result in official service that may result in an additional fee being levied.

C. Before a citation is issued, a law enforcement agency must review evidence that is recorded by a photo enforcement system to determine whether a violation of chapter 3, article 3 or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device occurred.

D. A photo enforcement company may not determine whether a violation of chapter 3, article 3 or 6 of this title occurred for the purpose of the issuance of a citation.  A violation of this subsection is a class 1 misdemeanor.

E. In addition to any other means authorized by the Arizona rules of civil procedure, alternative service of process must be sent by certified mail with an additional copy by regular mail and a notice must be posted on the front door of the business or residence and, if present and accessible, a residence's garage door.  Service of the complaint is complete on filing the mailing receipt and proof of posting in the court having jurisdiction of the violation.  Notwithstanding any other law, a person's driving privileges may not be suspended or revoked as a result of a citation that is served by alternative service of process under this subsection.

F. If a law enforcement agency issues a citation as a result of a photo enforcement system and serves the citation in a manner other than what is prescribed by section 28-1593, subsection A, the agency shall inform the person that there is no obligation to identify the driver or respond to the citation.  Failure to respond to the citation will result in the probability that the person will be formally served pursuant to state law and the Arizona rules of civil procedure which will likely result in the person being required to pay the cost of the service.

G. For the purposes of this section:

1. "Notice of violation" means a notice issued by a photo enforcement company or municipality that is not a uniform traffic ticket and complaint.

2. "Photo enforcement system" has the same meaning prescribed in section 28-601.
A.R.S. § 28-2138 — Arizona Code / Title 28 / Chapter 7 / Article 4 / Section 2138
28-2138 Return of a motor vehicle that is subject to a security interest; suspended registration and license plate
Status: in_force

28-2138. Return of a motor vehicle that is subject to a security interest; suspended registration and license plate

A. A person must return a motor vehicle that is subject to a security interest if all of the following apply:

1. The person fails to make a payment on the lien for more than ninety days.

2. The secured creditor notifies the owner in writing, by certified mail return receipt requested, that the owner is ninety days late in making a payment and is in default. The notice shall include the following:

(a) A statement stating:

You are now in default on loan agreement #____________. If you fail to return the _____________________ (year of vehicle, make, model) within thirty days, the motor vehicle's registration and assigned license plate will be suspended.

(b) The business address and hours of operation for return of the motor vehicle.

(c) The maximum penalties for failing to return a motor vehicle that is subject to a security interest.

3. The owner fails to cure the default within thirty days.

4. With the intent to hinder or prevent the enforcement of the secured creditor's security interest, the owner knowingly fails to do either of the following:

(a) Return the motor vehicle to the secured creditor.

(b) Allow the secured creditor to take possession of the motor vehicle.

B. The original contract creating the security interest in the motor vehicle shall contain the following information:

1. A statement that the person must return a motor vehicle that is subject to a security interest within thirty days after receiving notice of default.

2. A statement that notice of default will be mailed to the address on the loan agreement and that it is the responsibility of the owner to keep the listed address current.

3. The maximum penalty for failing to return a motor vehicle that is subject to a security interest.

C. Subsection A of this section does not apply if any of the following conditions exists:

1. The owner was physically incapacitated and unable to request or obtain permission of the secured creditor to retain the motor vehicle.

2. The motor vehicle itself was in a condition, through no intentional fault of the owner, that it could not be returned to the secured creditor within the specified time and the owner has notified the secured creditor of the condition of the motor vehicle.

3. The owner has a security interest pursuant to section 47-2711, subsection C.

D. If a law enforcement agency seizes the motor vehicle, the secured creditor shall be responsible for all towing, storage and related fees or charges.

E. If a person does not return a motor vehicle pursuant to this section, the secured creditor may file an affidavit with the department stating that the person has not returned a motor vehicle that is subject to a security interest pursuant to this section. On receipt of the affidavit, the department shall immediately suspend the registration of, and any license plate assigned to, the motor vehicle. The department may not transfer the motor vehicle's suspended registration or license plate or reregister the motor vehicle until the secured creditor notifies the department that the motor vehicle is recovered.
A.R.S. § 28-1597 — Arizona Code / Title 28 / Chapter 5 / Article 4 / Section 1597
28-1597 Witnesses; nonapplicability of rules of civil procedure
Status: in_force

28-1597. Witnesses; nonapplicability of rules of civil procedure

A. The state and the person charged with a civil traffic violation may subpoena witnesses as provided by section 13-4072. Witnesses are not entitled to fees for appearing in connection with a civil violation proceeding.

B. Except as otherwise provided in chapter 3 of this title or this chapter, the rules of civil procedure do not apply.
A.R.S. § 28-3515 — Arizona Code / Title 28 / Chapter 8 / Article 9 / Section 3515
28-3515 Unclaimed vehicles
Status: in_force

28-3515. Unclaimed vehicles

If a claim has not been made for the return or possession of the vehicle by a person legally entitled to the vehicle within the immobilization or impoundment period pursuant to this article, the person who has possession of the vehicle shall submit an abandoned vehicle report as provided in section 28-4838.  The immobilizing or impounding agency shall require the person who takes possession of a vehicle pursuant to this section to obtain a release for the vehicle from the immobilizing or impounding agency.
A.R.S. § 28-958 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 958
28-958 Tire equipment restrictions
Status: in_force

28-958. Tire equipment restrictions

A. A solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.

B. A tire on a vehicle that is moved on a highway shall not have on its periphery any block, stud, flange, cleat, spike or other protuberance that is made of any material other than rubber and that projects beyond the tread of the traction surface of the tire, except that it is permissible to use:

1. Farm machinery with tires having protuberances that will not injure the highway.

2. Tire chains of reasonable proportions on a vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid.

3. From October 1 to May 1 pneumatic tires containing metal type studs of tungsten carbide or other suitable material that are inserted or constructed in a manner so that the number of studs or the percentage of metal in contact with the roadway does not exceed three per cent of the total tire area in contact with the roadway under any conditions.

C. The director and local authorities in their respective jurisdictions may issue special permits authorizing the operation on a highway of traction engines or tractors having movable tracks with transverse corrugations on the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which on a highway would otherwise be prohibited under this chapter.
A.R.S. § 28-5601 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5601
28-5601 Definitions
Status: in_force

28-5601. Definitions

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

1. "Blending":

(a) Means the mixing of one or more products, regardless of the original character of the product blended, if the product obtained by the blending is capable of use or otherwise sold for use in the generation of power for the propulsion of a motor vehicle, aircraft or watercraft.

(b) Does not include blending that occurs in the process of refining by the original refiner of crude petroleum or the blending of products known as lubricating oil and greases.

2. "Bulk end user" means a person who receives into the person's own storage facilities in transport truck lots motor fuel for the person's own consumption.

3. "Bulk plant" means a motor fuel storage and distribution facility that is not a terminal and from which motor fuel may be removed at a rack.

4. "Bulk transfer" means any transfer of motor fuel from one location to another by pipeline tender or marine delivery within the bulk transfer terminal system.

5. "Bulk transfer terminal system" means the motor fuel distribution system consisting of refineries, pipelines, marine vessels and terminals. Motor fuel in a refinery, pipeline, vessel or terminal is in the bulk transfer terminal system. Motor fuel in the fuel supply tank of any engine, or in any tank car, rail car, trailer, truck or other equipment suitable for ground transportation, is not in the bulk transfer terminal system.

6. "Consumer" means the end purchaser of motor vehicle fuel for use on the highways in this state, the end purchaser of motor vehicle fuel for use in watercraft on waterways of this state or the end purchaser of aviation fuel for use in aircraft.

7. "Destination state" means the state, territory or foreign country to which motor fuel is directed for delivery into a storage facility, a receptacle, a container or a type of transportation equipment for the purpose of resale or use.

8. "Distributor" means a person who acquires motor fuel from a supplier or another distributor for subsequent sale or use and who may blend or import into or export from this state motor fuel in the original package or container or otherwise but excluding a person who imports motor fuel in the fuel tank of a motor vehicle or aircraft.

9. "Dyed diesel fuel" means diesel fuel that is dyed pursuant to United States internal revenue service regulations or requirements, including any invisible marker requirements.

10. "Fuel tank" means a receptacle on a motor vehicle, watercraft or aircraft from which fuel is supplied for the propulsion of the motor vehicle, watercraft or aircraft, excluding a cargo tank but including a separate compartment of a cargo tank used as a fuel tank and an auxiliary tank or receptacle of any kind from which fuel is supplied for the propulsion of the motor vehicle, watercraft or aircraft, whether or not the tank or receptacle is directly connected to the fuel supply line of the motor vehicle, watercraft or aircraft.

11. "Highway" means any way or place in this state of whatever nature that is maintained by public monies and that is open to the use of the public for purposes of vehicular travel, including a highway under construction.

12. "In this state" means any way or place within the exterior limits of the state of Arizona that is maintained by public monies, including any such way or place that is owned by or ceded to the United States of America.

13. "Indian reservation" means all lands that are within the limits of areas set aside by the United States for the exclusive use and occupancy of Indian tribes by treaty, law or executive order and that are currently recognized as Indian reservations by the United States department of the interior.

14. "Indian tribe" means any organized nation, tribe, band or community recognized as an Indian tribe by the United States department of the interior.

15. "Interstate user" means a person registering a use class motor vehicle under chapter 7, article 7 or 8 of this title or section 28-2321 or 28-2324.

16. "Invoiced gallons" means the gallons actually billed on an invoice in payment to a supplier.

17. "Light class motor vehicle" means a motor vehicle that uses use fuel on the highways in this state but excludes a road tractor, truck tractor, truck or passenger carrying vehicle having a declared gross vehicle weight of more than twenty-six thousand pounds or having more than two axles.

18. "Motor fuel" means motor vehicle fuel, use fuel and aviation fuel.

19. "Motor vehicle" means a self-propelled vehicle required to be licensed or subject to licensing for operation on a highway.

20. "Permissive supplier" means an out-of-state supplier that elects, but is not required, to have a supplier's license pursuant to this article.

21. "Person" means an individual, firm, partnership, joint venture, association, corporation, estate, trust, business trust, receiver or syndicate, this state, any county, city, town, district or other subdivision of this state, an Indian tribe, or any other group or combination acting as a unit.

22. "Position holder":

(a) Means the person who holds the inventory position in motor fuel in a terminal, as reflected on the records of the terminal operator. For the purposes of this subdivision, "a person who holds the inventory position in motor fuel" means a person who has a contract with the terminal operator for the use of storage facilities and terminaling services for fuel at the terminal.

(b) Includes a terminal operator who owns fuel in the terminal.

23. "Public monies" means those monies that are received by this state and that are derived all or in part from tax revenues or other funding sources.

24. "Qualified terminal" means a terminal that is designated as a qualified terminal pursuant to the United States internal revenue code, regulation and practices and that has been assigned a terminal control number by the United States internal revenue service.

25. "Rack" means a mechanism for delivering motor fuel from a refinery, a terminal or a bulk plant into a railroad tank car, a transport truck or other means of transfer that is outside the bulk transfer terminal system.

26. "Refiner" means any person who owns, operates or otherwise controls a refinery within the United States.

27. "Refinery" means a facility that is used to produce motor fuel from crude oil, unfinished oils, natural gas liquids, transmix or other hydrocarbons or by blending and from which motor fuel may be removed by pipeline, by vessel or at a rack.

28. "Road tractor" means a motor vehicle that is designed and used for drawing other vehicles and that is not constructed to carry either a load independently or any part of the weight of a vehicle or load so drawn.

29. "Sell" includes a transfer of title or possession, exchange or barter in any manner or by any means.

30. "Supplier":

(a) Means a person who is registered pursuant to section 4101 of the United States internal revenue code for transactions in motor fuels in the bulk transfer terminal distribution system and who is one of the following:

(i) The position holder in a terminal or refinery in this state.

(ii) A person who imports motor fuel into this state from a foreign country.

(iii) A person who acquires motor fuel from a terminal or refinery in this state from a position holder pursuant to a two party exchange.

(iv) The position holder in a terminal or refinery outside this state with respect to motor fuel that that person imports into this state on the account of that person.

(b) Includes a permissive supplier unless specifically provided otherwise.  Supplier does not include a terminal operator merely because the terminal operator handles motor fuel consigned to the terminal operator within a terminal.

31. "Terminal" means a storage and distribution facility for motor fuel, which is supplied by pipeline or marine vessel, that is registered as a qualified terminal by the United States internal revenue service and from which motor fuel may be removed at a rack.

32. "Terminal bulk transfer" includes the following:

(a) A marine barge movement of motor fuel from a refinery or terminal to a terminal.

(b) Pipeline movements of motor fuel from a refinery or terminal to a terminal.

33. "Terminal operator" means any person who owns, operates or otherwise controls a terminal and who does not use a substantial portion of the motor fuel that is transferred through or stored in the terminal for the person's own use or consumption or in the manufacture of products other than motor fuel. A terminal operator may own the motor fuel that is transferred through or stored in the terminal.

34. "Transmix" means the buffer or interface between two different products in a pipeline shipment or a mix of two different products within a refinery or terminal that results in an off-grade mixture that is not usable or salable as motor fuel.

35. "Two party exchange" means a transaction:

(a) In which motor fuel is transferred from one licensed supplier or licensed permissive supplier to another licensed supplier or licensed permissive supplier.

(b) That includes a transfer from the person that holds the original inventory position for motor fuel in the terminal as reflected on the records of the terminal operator.

(c) That is simultaneous with removal from the terminal by the receiving exchange party.

(d) In which the terminal operator in the terminal operator's books and records treats the receiving exchange party as the supplier that removes the product across a terminal rack for purposes of reporting the events to the department.

36. "Use" includes the placing of fuel into any receptacle on a motor vehicle from which fuel is supplied for the propulsion of the vehicle unless the operator of the vehicle establishes to the satisfaction of the director that the fuel was consumed for a purpose other than to propel a motor vehicle on a highway in this state and, with respect to fuel brought into this state in any such receptacle on a use class motor vehicle, the consumption of the fuel in this state.  A person who places fuel in a receptacle on a use class motor vehicle of another is not deemed to have used the fuel.

37. "Use class motor vehicle" means a motor vehicle that uses use fuel on a highway in this state and that is a road tractor, truck tractor, truck or passenger carrying vehicle having a declared gross vehicle weight of more than twenty-six thousand pounds or having more than two axles.

38. "Use fuel" includes all gases and liquids used or suitable for use to propel motor vehicles, except fuels that are subject to the motor vehicle fuel tax imposed by this article.

39. "User" includes a person who, within the meaning of the term use as defined in this section, uses fuel in a use class motor vehicle.

40. "Vendor" includes a person who sells use fuel in this state and who places the fuel or causes the fuel to be placed into any receptacle on a motor vehicle from which receptacle fuel is supplied for the propulsion, including a service station dealer, a broker and a user who sells use fuel to others.