A.R.S. § 28-4451 — Arizona Code / Title 28 / Chapter 10 / Article 5 / Section 4451
28-4451 Product liability; warranty obligations; audits; vehicle exports; used vehicle recall obligations; definitions
Status: in_force

28-4451. Product liability; warranty obligations; audits; vehicle exports; used vehicle recall obligations; definitions

A. Each manufacturer shall file with the director a copy of the delivery and preparation obligations required to be performed by a new motor vehicle dealer before delivery of new motor vehicles to buyers. These delivery and preparation obligations constitute the new motor vehicle dealer's only responsibility for the product liability as between the new motor vehicle dealers and the manufacturer.  The new motor vehicle dealer shall furnish the buyer of a new motor vehicle with a signed copy of the manufacturer's or distributor's delivery and preparation requirements indicating that all of the requirements have in fact been performed.

B. Any mechanical, body or parts defects arising from any express or implied warranties of the manufacturer constitute the manufacturer's product or warranty liability.

C. The manufacturer or distributor shall compensate an authorized new motor vehicle dealer who performs work to rectify the manufacturer's or distributor's warranty obligations, recall obligations or delivery and preparation obligations.

D. The compensation that the manufacturer or distributor pays to a new motor vehicle dealer for diagnostic work, repair service and labor shall be fair and reasonable and, at the option of the new motor vehicle dealer, may be determined pursuant to subsection E of this section.  Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work or services to be performed.  The compensation that the manufacturer or distributor pays to the new motor vehicle dealer for parts used in warranty or recall related service shall be fair and reasonable and, at the option of the new motor vehicle dealer, may be determined pursuant to subsection E of this section.

E. The new motor vehicle dealer may declare the retail rates that it customarily charges for parts or labor or both parts and labor by submitting to the manufacturer or distributor the lesser of one hundred sequential, nonwarranty, customer-paid service repair orders or ninety consecutive days of customer-paid service repair orders for warranty-like repairs made not more than one hundred eighty days before the submission.  The new motor vehicle dealer's retail labor rate shall be determined by dividing the amount of the dealer's total labor sales contained in the submitted repair orders by the total number of labor hours that generated those sales. The new motor vehicle dealer's retail rate for parts shall be a percentage determined by dividing the total sales for parts in the submitted repair orders by the new motor vehicle dealer's total cost for those parts, minus one, multiplied by one hundred to produce a percentage.  Declared rates are presumed to be fair and reasonable except that a manufacturer or distributor, within thirty days after receiving the new motor vehicle dealer's submission, may rebut the presumption by reasonably substantiating that the rate or rates are inaccurate or unreasonable compared to other similarly situated same line-make new motor vehicle dealers in this state. The new motor vehicle dealer's declared parts, labor or both parts and labor rates shall go into effect thirty days following the manufacturer's or distributor's receipt of the declaration, unless the manufacturer or distributor timely sends a rebuttal of the declared rate or rates to the new motor vehicle dealer.  If any of the declared rates are rebutted, the manufacturer or distributor shall propose an adjustment of the rebutted rate or rates within thirty days after receiving the new motor vehicle dealer's submission. If the new motor vehicle dealer does not agree with the proposed adjusted rate or rates, it may file a protest with the director within thirty days after receipt of the manufacturer's or distributor's proposal.  If a protest is timely filed, the director shall inform the manufacturer or distributor that a timely protest has been filed and that a hearing will be held on the protest if any available manufacturer or distributor mediation opportunity has been used and was unsuccessful in reaching an agreement between the parties.

F. In calculating the retail rate or rates that a new motor vehicle dealer customarily charges for parts or labor, the following work may not be included in the calculation:

1. Repairs for manufacturer or distributor special events, specials or promotional discounts for retail customer repairs.

2. Parts sold at wholesale.

3. Engine assemblies and transmission assemblies, if the new motor vehicle dealer agrees to be compensated for those assemblies with a handling charge instead of a retail parts markup.

4. Routine maintenance not covered under any retail customer warranty, such as fluids, filters and belts not provided in the course of repairs.

5. Nuts, bolts, fasteners and similar items that do not have individual part numbers.

6. Vehicle reconditioning.

G. The manufacturer, factory branch, distributor or distributor branch may reasonably and periodically audit a new motor vehicle dealer to determine the validity of paid claims for dealer compensation or any charge-backs for warranty parts or service compensation. Audits shall only be for the twelve month period immediately following the date of the payment. This limitation does not apply if the manufacturer, factory branch, distributor or distributor branch reasonably suspects fraud.  As a result of an audit that is authorized by this subsection, the manufacturer or distributor has the right to charge back to the new motor vehicle dealer the amount of any previously paid claim after the new motor vehicle dealer has had notice and an opportunity to participate in any available manufacturer or distributor mediation processes and all legal appeals have been exhausted if mediation failed to result in an agreement.

H. The manufacturer, factory branch, distributor or distributor branch shall reserve the right to reasonable periodic audits to determine the validity of paid claims for dealer compensation or any charge-backs for consumer or dealer incentives. Audits shall only be for a one year period immediately following the date of the payment. This limitation does not apply if the manufacturer, factory branch, distributor or distributor branch reasonably suspects fraud. As a result of an audit authorized by this subsection, the manufacturer or distributor has the right to charge back to the new motor vehicle dealer the amount of any previously paid claim after the new motor vehicle dealer has had notice and an opportunity to participate in any available manufacturer or distributor mediation processes and all legal appeals have been exhausted if mediation failed to result in an agreement.

I. All claims by new motor vehicle dealers under this section for labor and parts and all claims for compensation relative to any sales incentive programs shall be paid within thirty days after approval by the manufacturer or distributor subject to the manufacturer's or distributor's right to audit the claims provided in subsection G or H of this section.  All claims shall be either approved or disapproved within thirty days after receipt on forms and in the manner specified by the manufacturer or distributor. Any claim not disapproved in writing or by means of electronic transmission within thirty days after receipt is deemed approved, and payment must be made within thirty days after approval.

J. If a manufacturer or distributor furnishes a part or component to a new motor vehicle dealer, at no cost, to use in performing repairs under a recall, campaign service action or warranty repair, the manufacturer or distributor shall compensate the dealer for the part or component in the same manner as warranty parts compensation under this section by compensating the dealer the retail parts rate on the wholesale cost for the part or component as listed in the manufacturer's or distributor's price schedule, minus the wholesale cost for the part or component.

K. A manufacturer or distributor may not require a new motor vehicle dealer to establish the retail rates customarily charged by the dealer for parts or labor by an unduly burdensome or time-consuming method or by requiring information that is unduly burdensome or time-consuming to provide calculations, including part-by-part or transaction-by-transaction calculations.  A new motor vehicle dealer may not declare any new retail rate more than once in any twelve-month period. A manufacturer or distributor may use the repair orders submitted by a new motor vehicle dealer under subsection E of this section to validate any or all of a new motor vehicle dealer's current warranty reimbursement rates or require a new motor vehicle dealer to submit, not more than once every twelve months, repair orders pursuant to this section to validate the new motor vehicle dealer's retail rate or rates.  If a manufacturer or distributor finds that any of a new motor vehicle dealer's retail rates have declined, the manufacturer or distributor may prospectively reduce the respective warranty reimbursement rate.

L. If the new motor vehicle dealer has otherwise properly submitted the claim pursuant to the manufacturer's or distributor's warranty or incentive program guidelines, a manufacturer or distributor may not deny a claim by a new motor vehicle dealer for reimbursement of any warranty parts or service compensation or any consumer or dealer incentive compensation based solely on a new motor vehicle dealer's incidental failure to comply with a specific claim processing requirement that does not put into question the legitimacy of the claim.  If a claim is rejected for such an incidental requirement, the new motor vehicle dealer may correct or complete and resubmit a previously submitted warranty or incentive claim for a period of up to sixty days after the new motor vehicle dealer's receipt of first notice of the failure from the manufacturer or distributor. A manufacturer or distributor is not required to approve any warranty or incentive claim if all claim processing requirements are not complied with by the new motor vehicle dealer within the time periods prescribed by this section.

M. If a new motor vehicle dealer sells or leases a vehicle to a customer who exports the vehicle to a foreign country, unless the manufacturer, distributor or importer proves that the new motor vehicle dealer knew or reasonably should have known that the vehicle would be exported, a manufacturer, distributor or importer shall not do any of the following:

1. Refuse to sell, allocate or deliver new motor vehicles to the new motor vehicle dealer.

2. Charge back to or withhold payments or other things of value from the new motor vehicle dealer that the new motor vehicle dealer otherwise would be eligible for under an incentive program or contest.

3. Prevent a new motor vehicle dealer from participating in any sales promotion or program.

4. Take an adverse action against a new motor vehicle dealer, including reducing vehicle allocations or terminating or threatening to terminate a dealer.

N. There is a rebuttable presumption that the new motor vehicle dealer described in subsection M of this section did not know or should not have reasonably known that the vehicle described in subsection M of this section would be exported. The presumption may be rebutted by a preponderance of the evidence that the new motor vehicle dealer knew or should have reasonably known that the vehicle was to be exported.

O. If a timely protest is filed under subsection E of this section, the director shall:

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

2. Send by certified mail a copy of the order to the dealer and the manufacturer.

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

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

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

1. Issue subpoenas.

2. Administer oaths.

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

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

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

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

T. As a condition to the appeal, the appealing party shall file a cash bond, supersedeas bond or its equivalent with the director.  The bond shall be sufficient in amount to cover the damages incurred by the prevailing party, but the amount of the bond may not exceed the lesser of $50,000 or ten percent of the appealing party's net worth. The appealing party may file alternatives to cash such as certificates of deposit purchased from a financial institution licensed to do business in this state pursuant to title 6 or bonds of the United States government.

U. A manufacturer shall compensate its new motor vehicle dealers for all labor and parts that are required to perform recall repairs. The compensation shall be fair and reasonable and, at the option of the new motor vehicle dealer, may be determined pursuant to subsection E of this section. If parts or a remedy is not reasonably available to perform a recall service or repair on a used motor vehicle held for sale by the new motor vehicle dealer that is authorized to sell new motor vehicles of the same line-make of the recalled motor vehicle within thirty days after the manufacturer issues a stop-sale or do not drive notification on the used motor vehicle, the manufacturer shall compensate the new motor vehicle dealer at a rate of at least 1.5 percent of the value of the used motor vehicle per month, or prorated portion of a month when applicable, until a date when the recall parts or a remedy is delivered to the dealer or when the vehicle is no longer in the new motor vehicle dealer's inventory.

V. The value of the used motor vehicle that is subject to a stop-sale or do not drive notification shall be the average trade-in value for used vehicles as determined by reference to a nationally recognized publication that reports on used motor vehicle values.

W. It is a violation of this section for a manufacturer to reduce the amount of compensation that is otherwise owed to a new motor vehicle dealer, whether through a chargeback, removal from an incentive program, reduction in amount owed under an incentive program or any other means, because the new motor vehicle dealer has submitted a claim for compensation under subsection U of this section or was otherwise compensated for a vehicle that is subject to a recall if a stop-sale or do not drive notification has been issued.

X. All reimbursement claims that are made by a new motor vehicle dealer pursuant to subsection U of this section for recall remedies or repairs or for compensation if no part or repair is reasonably available and the used motor vehicle is subject to a stop-sale or do not drive notification shall be made in compliance with at least one of the following:

1. In a like manner as a warranty reimbursement claim under this section.

2. At a rate set forth in a national compensation program that the manufacturer manages if the compensation provided to the new motor vehicle dealer equals or exceeds the reimbursement level for a claim that is determined as a warranty reimbursement claim pursuant to paragraph 1 of this subsection.

3. At the level set forth in the national compensation program without further consideration if the manufacturer and new motor vehicle dealer agree.

Y. The manufacturer shall approve or disapprove a claim within thirty days after it is submitted to the manufacturer in the manner and on the forms the manufacturer reasonably prescribes. The manufacturer shall pay a claim within thirty days after approval of the claim. Any claim that is not specifically disapproved in writing by the manufacturer within thirty days following the manufacturer's receipt of the claim is deemed approved.

Z. Subsections U through Y of this section apply only to used motor vehicles that are subject to safety or emissions recalls pursuant to and recalled in accordance with federal law and for which a stop-sale or do not drive notification has been issued and to motor vehicle manufacturers and new motor vehicle dealers with used motor vehicles of the line-make that the new motor vehicle dealer is franchised to sell or on which the new motor vehicle dealer is authorized to perform recall repairs.

AA. Subsections U through Y of this section apply only to new motor vehicle dealers holding an affected used motor vehicle for sale that was any of the following:

1. In inventory at the time the stop-sale or do not drive notification was issued.

2. Taken in the used motor vehicle inventory of the new motor vehicle dealer as a consumer trade-in incident to the purchase of a new motor vehicle from the new motor vehicle dealer after the stop-sale or do not drive notification was issued.

3. Properly taken in the used motor vehicle inventory of the new motor vehicle dealer as a lease return vehicle returned to the new motor vehicle dealer in accordance with the terms of the applicable contract.

BB. If a franchisee demands indemnification, a manufacturer, importer, distributor, distributor branch, factory branch or franchisor that is licensed pursuant to this chapter may not fail or refuse to indemnify an existing or former franchisee and the franchisee's successors and assigns for any sustained damages and attorney fees and other expenses reasonably incurred by the franchisee that result from a claim that is made or asserted by a third party against the franchisee to the extent that the claim results from any of the following:

1. The condition, characteristic, manufacture, assembly or design of any vehicle, parts or accessories, tools or equipment or the selection or combination of parts or components that are manufactured or distributed by the manufacturer, importer, distributor, distributor branch, factory branch or franchisor.

2. Service systems, procedures or methods that the manufacturer, importer, distributor, distributor branch, factory branch or franchisor requires the franchisee to use if the franchisee properly uses the system, procedure or method.

3. The improper use or disclosure by a manufacturer, importer, distributor, distributor branch, factory branch or franchisor of nonpublic personal information obtained from a franchisee relating to a consumer, customer or employee of the franchisee.

4. An act or omission of the manufacturer, importer, distributor, distributor branch, factory branch or franchisor for which the franchisee would have a claim for contribution or indemnity under applicable law or under the franchise, irrespective of and without regard to any prior termination or expiration of the franchise.

5. An act or omission of the franchisee that is the result of the franchisee's use of a service provided by a digital vendor required by the manufacturer, importer, distributor, distributor branch, factory branch or franchisor if the use of the service violates the laws of this state or federal law.  This paragraph does not apply if the claim arises out of the wilful misconduct of a franchisee or a franchisee's employee.

CC. For the purposes of this section:

1. "Service provided by a digital vendor" includes any electronic system that manages consumer data or generates consumer notices or documentation.

2. "Stop-sale or do not drive notification" means a notification that is issued by a manufacturer to some or all of its franchised dealerships and that states that certain used motor vehicles in the dealerships' inventories shall not be sold or leased, either at retail or wholesale, due to a federal safety defect or noncompliance recall or a federal or California emissions recall.
A.R.S. § 28-8345 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8345
28-8345 Registration fees; penalties; taxes; distribution
Status: in_force

28-8345. Registration fees; penalties; taxes; distribution

A. Monies received from the registration fees collected pursuant to this article shall be transmitted to the state treasurer, pursuant to sections 35-146 and 35-147, for distribution as follows:

1. 50 percent in the state general fund.

2. 35 percent in the state aviation fund established by section 28-8202 for use in the construction, development and improvement of airports.

3. 9.5 percent to counties in the proportion that the population of each county bears to the total population of this state.

4. 5.5 percent to incorporated cities and towns in the proportion that the population of each city or town bears to the total population of this state. Monies distributed pursuant to this paragraph may be used by the city or town for any purpose permitted by law.

B. Monies received from civil penalties collected pursuant to this article shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

C. Not later than the fifteenth day of each month, the department shall transmit monies received from the taxes imposed under this article to the state treasurer who shall deposit the monies pursuant to subsection A of this section.
A.R.S. § 28-7753 — Arizona Code / Title 28 / Chapter 22 / Article 2 / Section 7753
28-7753 Tolls, administrative charges and penalties; notification
Status: in_force

28-7753. Tolls, administrative charges and penalties; notification

A. A toll operator may collect tolls, administrative charges and penalties.

B. Subject to subsection C of this section, if a toll operator issues a notice of toll evasion because the notice of payment due is not paid on time, the toll operator may impose in the notice of toll evasion an additional administrative charge and a penalty.

C. The department may direct, control, regulate or limit the amount and method of imposing administrative charges and penalties by any public agency or private partner authorized to impose and collect tolls under a public-private agreement or by the public agency's or private partner's contractor or vendor.

D. Each toll operator shall use alternative technologies, including an electronically accessible format and the worldwide web, to notify the public of any tolls, administrative charges and penalties that are established.

E. A toll operator shall offer free passage on a toll facility to the following:

1. Any authorized emergency vehicle responding to an emergency.

2. Any motor vehicle if ordered by the director pursuant to section 28-364.
A.R.S. § 28-7905 — Arizona Code / Title 28 / Chapter 23 / Article 1 / Section 7905
28-7905 Outdoor advertising standards
Status: in_force

28-7905. Outdoor advertising standards

A. After April 1, 1970, outdoor advertising placed in business areas, and after April 1, 1972, outdoor advertising placed in unzoned commercial or industrial areas outside municipal limits, shall comply with this article and the following standards:

1. The size of outdoor advertising shall not exceed one thousand two hundred square feet in area with a maximum vertical facing dimension of twenty-five feet and a maximum horizontal facing dimension of sixty feet, including border and trim and excluding base or apron supports and other structural members. These size limitations apply to each facing of outdoor advertising. The area shall be measured by the smallest square, rectangle, triangle, circle or combination of the smallest square, rectangle, triangle or circle that will encompass the entire advertisement. Two advertising displays not exceeding three hundred fifty square feet each may be placed in a facing. Back to back or V-type signs may be placed, with the maximum area allowed for each facing.

2. Spacing of outdoor advertising shall not be:

(a) Within five hundred feet of other outdoor advertising on the same side of a freeway.

(b) Within five hundred feet of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way at a scenic overlook or safety roadside rest area on any portion of a freeway.

(c) Within three hundred feet of other outdoor advertising on the same side of any portion of the primary system that is not a freeway.

3. Minimum spacing distances from other outdoor advertising do not apply to outdoor advertising that is separated by any building or other obstruction in such a manner that only one display located within the minimum distances set forth in this subsection is visible from the highway at any one time. Spacing distances shall be measured along the nearest edge of the pavement to a point directly opposite the outdoor advertising.

4. Outdoor advertising authorized under section 28-7902, subsection A, paragraphs 2 and 3 shall not be counted and measured from in determining compliance with the spacing requirements of this subsection.

B. After July 1, 1974, outdoor advertising placed in zoned or unzoned commercial or industrial areas inside municipal limits shall comply with the following standards:

1. The size of outdoor advertising shall not exceed the limits provided in subsection A, paragraph 1 of this section.

2. Spacing of outdoor advertising shall not be:

(a) Within five hundred feet of other outdoor advertising on the same side of a freeway.

(b) Within one hundred feet of other outdoor advertising on the same side of any portion of the primary system that is not a freeway.

3. It shall meet the standards prescribed in subsection A, paragraphs 3 and 4 of this section.
A.R.S. § 28-366 — Arizona Code / Title 28 / Chapter 2 / Article 3 / Section 366
28-366 Director; rules
Status: in_force

28-366. Director; rules

The director shall adopt rules pursuant to title 41, chapter 6 as the director deems necessary for:

1. Collection of taxes and license fees.

2. Public safety and convenience.

3. Enforcement of the provisions of the laws the director administers or enforces.

4. The use of state highways and routes to prevent the abuse and unauthorized use of state highways and routes.
A.R.S. § 28-2208 — Arizona Code / Title 28 / Chapter 7 / Article 6 / Section 2208
28-2208 Fleet utility trailers; five year registration; definition
Status: in_force

28-2208. Fleet utility trailers; five year registration; definition

A. In lieu of annual registration, the director shall provide for the registration of fleet utility trailers for five year periods on proper application by the owner of the trailers. The owner is subject to all fees and license taxes imposed by this title and shall pay the fees and taxes as if the trailers were registered annually.

B. An application for registration of fleet utility trailers for a five year period shall contain a proportional number of the trailers equal to the average number and the assessed value of the trailers operated in or through this state during the preceding calendar year.

C. The director shall require the owner of fleet utility trailers registered pursuant to this section to annually file on a form to be supplied by the department for each of the ensuing four years information the director deems necessary for the computation of the average number and assessed value of the trailers operated in and through this state during the preceding calendar year. If in any year subsequent to the first year of registration the average number or assessed value of the trailers increases, the director may require the owner to register additional trailers for the remainder of the five year period.

D. The director may cancel at any time any or all of the license plates and registration cards issued to the owner of fleet utility trailers registered pursuant to this section for nonpayment of registration fees or license taxes or for noncompliance with subsection C.

E. For the purposes of this section, "fleet utility trailer" means a trailer of a utility trailer fleet consisting of two hundred fifty or more trailers with a gross weight of less than six thousand pounds.
A.R.S. § 28-3102 — Arizona Code / Title 28 / Chapter 8 / Article 3 / Section 3102
28-3102 Exceptions to driver license classes; definitions
Status: in_force

28-3102. Exceptions to driver license classes; definitions

A. Notwithstanding section 28-3101, a person who operates an authorized emergency vehicle, a farm vehicle or a recreational vehicle may operate the vehicle with a class A, B, C, D or G license.

B. For the purposes of this section:

1. "Commercial farming" means the intensive cultivation of arable land by raising agricultural or horticultural products as a principal source of the owner's livelihood.

2. "Commercial stock raising" means breeding, raising and caring for domestic animals as a principal source of the owner's livelihood.

3. "Farm vehicle" means a vehicle or combination of vehicles that is used for commercial farming or commercial stock raising and that meets all of the following requirements:

(a) Is controlled and operated by the farm vehicle owner or the owner's family member or employee.

(b) Is used to transport agricultural products, machinery or supplies to or from a commercial farming or a commercial stock raising operation.

(c) Is not used in the operations of a for-hire motor carrier.

(d) Is used within one hundred fifty miles of the farm vehicle owner's commercial farming or commercial stock raising operation.

4. "For-hire motor carrier" means a person engaged in and compensated directly for the transportation of goods or passengers.

5. "Recreational vehicle" means a motor vehicle or vehicle combination that is more than twenty-six thousand pounds gross vehicle weight rating and that is designed and exclusively used for private pleasure, including vehicles commonly called motor homes, pickup trucks with campers, travel trailers, boat trailers and horse trailers used exclusively to transport personal possessions or persons for noncommercial purposes.
A.R.S. § 28-6803 — Arizona Code / Title 28 / Chapter 19 / Article 4 / Section 6803
28-6803 Application approval or rejection; effective date; franchise term and reversion
Status: in_force

28-6803. Application approval or rejection; effective date; franchise term and reversion

A. If it appears to the board of supervisors that the public interest will be promoted by the application provided in section 28-6802, it may grant the application in whole or in part or as revised.

B. The board of supervisors shall not grant an application if any of the following applies:

1. The highway commission files with the board of supervisors a written statement that the proposed toll road will interfere with an existing or proposed state highway or state route.

2. The proposed toll road will interfere with an existing or contemplated county highway.

3. The proposed toll road will be converted from a publicly funded or maintained street or highway. This paragraph does not apply if the applicant is an airport as defined in section 28-8461.

C. An order granting an application is not effective until a copy of the order and an engineer's plat of the road approved in writing by the board of supervisors is filed with the county recorder within thirty days after the date the order is made.

D. A franchise for a toll road shall not be granted for a term of more than ten years, subject to the right of extension for one additional period of not more than ten years.

E. On expiration or forfeiture of a toll road franchise:

1. The ownership and all rights and privileges appurtenant to the ownership vest in the county or counties in which it is located.

2. The board of supervisors may declare it a free highway or collect tolls.
A.R.S. § 28-4419 — Arizona Code / Title 28 / Chapter 10 / Article 4 / Section 4419
28-4419 Required and prohibited activities
Status: in_force

28-4419. Required and prohibited activities

If providing a service of arranging or assisting in effecting the purchase of a motor vehicle by a retail consumer, a broker or motor vehicle dealer licensed pursuant to this chapter:

1. Shall:

(a) Execute a written brokering agreement and provide a completed copy to both of the following:

(i) The retail consumer entering into the brokering agreement.  The completed copy shall be provided before the retail consumer signs an agreement for the purchase of the motor vehicle described in the brokering agreement or before the broker or motor vehicle dealer accepts one hundred dollars or more from the retail consumer, whichever occurs first.

(ii) The selling motor vehicle dealer.  The completed copy shall be provided before the selling motor vehicle dealer enters into a purchase agreement with the retail consumer.

(b) On demand of a retail consumer, refund any purchase money, including purchase deposits, at any time before the retail consumer signs a motor vehicle purchase agreement with a selling motor vehicle dealer of the motor vehicle described in the brokering agreement.

(c) On demand of a retail consumer, cancel a brokering agreement and refund any monies paid by a retail consumer, including a brokerage fee, under any of the following circumstances:

(i) If the final price of the brokered motor vehicle exceeds the purchase price listed in the brokering agreement.

(ii) If the motor vehicle delivered is not as described in the brokering agreement.

(iii) If the brokering agreement expires before the retail consumer is presented with a purchase agreement from a selling motor vehicle dealer that is arranged through the broker and that contains a purchase price at or below the price listed in the brokering agreement.

(d) Disclose to the retail consumer and selling motor vehicle dealer as soon as practicable whether the broker receives or does not receive a fee or other compensation, regardless of the form or time of payment, from the selling motor vehicle dealer and the dollar amount of any fee that the retail consumer is obligated to pay to the broker.  This arrangement shall be confirmed in a brokering agreement.

(e) Maintain records pursuant to section 28-4403.

(f) Maintain for a minimum of three years a copy of the executed brokering agreement and other notices and documents related to each brokered transaction.

(g) Advise the retail consumer, before accepting any money, that a full refund will be given if the motor vehicle ordered through the broker is not obtained for the retail consumer or if the service contracted for is not provided.

2. Shall not:

(a) Accept a purchase deposit from any retail consumer that exceeds two and one-half per cent of the selling price of the motor vehicle described in the brokering agreement.

(b) Receive a fee from more than one source if providing services to a retail consumer as either a broker or motor vehicle dealer in the same transaction.
A.R.S. § 28-4454 — Arizona Code / Title 28 / Chapter 10 / Article 5 / Section 4454
28-4454 Objection to approval of notice
Status: in_force

28-4454. Objection to approval of notice

A. A person who receives or is entitled to receive a copy of a notice provided for in section 28-4453 may object to the approval of a notice by filing a written objection with the director within fifteen days from the date the notice was received by the person.

B. If there is an objection to the establishment of a new motor vehicle dealership, the objecting new motor vehicle dealer shall submit evidence to the director to establish that:

1. The objector is a new motor vehicle dealer located in the same community as the proposed new motor vehicle dealership, or within ten miles by the shortest street route of the proposed dealership, if located outside the community. If the proposed franchise is located in a county with a population of less than two hundred thousand persons, a dealer of the same line-make located within twenty miles, as determined by the shortest street route, also has standing to object pursuant to this section.

2. The objector is providing facilities, equipment, parts, capital and personnel in substantial compliance with its contractual obligation to the franchisor.
A.R.S. § 28-5851 — Arizona Code / Title 28 / Chapter 16 / Article 4 / Section 5851
28-5851 Definitions
Status: in_force

28-5851. Definitions

In this article, unless the context otherwise requires:

1. "Declared gross weight" has the same meaning prescribed in section 28-5431. If a declaration has not been made, declared gross weight means gross weight.

2. "Gross weight" has the same meaning prescribed in section 28-5431.

3. "Motor carrier" means a person who operates or causes to be operated a motor vehicle on a public highway.

4. "Motor vehicle" means a self-propelled motor driven vehicle that has a declared gross vehicle weight of more than twelve thousand pounds and that is subject to vehicle registration before lawful operation on the public highways in this state, excluding a motor vehicle that is exempt from gross weight fees pursuant to section 28-5432.

5. "Public highway" means any way or place in this state that is constructed or maintained with public monies and that is open to use by the public as a matter of right for the purpose of vehicular travel, including a highway under construction.
A.R.S. § 28-4033 — Arizona Code / Title 28 / Chapter 9 / Article 2 / Section 4033
28-4033 Financial responsibility requirements
Status: in_force

28-4033. Financial responsibility requirements

A. A person that is subject to the requirements of this article shall maintain motor vehicle combined single limit liability insurance as follows:

1. For the transportation of nonhazardous property:

(a) For a vehicle with a gross vehicle weight of more than twenty-six thousand pounds, minimum coverage in the amount of seven hundred fifty thousand dollars.

(b) For a vehicle with a gross vehicle weight of twenty thousand one pounds to twenty-six thousand pounds, minimum coverage in the amount of three hundred thousand dollars.

2. For the transportation of passengers:

(a) In a vehicle with a seating capacity of sixteen passengers or more, minimum coverage in the amount of five million dollars and uninsured motorist coverage in the amount of at least three hundred thousand dollars.

(b) In a vehicle with a seating capacity of less than sixteen passengers including the driver, but more than eight passengers including the driver, minimum coverage in the amount of seven hundred fifty thousand dollars and uninsured motorist coverage in the amount of at least three hundred thousand dollars.

(c) In a vehicle with a seating capacity of not more than eight passengers including the driver, a policy containing one of the following:

(i) Minimum coverage in the amount of two hundred fifty thousand dollars and uninsured motorist coverage in the amount of at least two hundred fifty thousand dollars issued by an insurer that holds a valid certificate of authority or that is permitted to transact surplus lines insurance in this state.

(ii) Minimum coverage as prescribed by section 28-4038 or 28-4039, as applicable.

3. For the transportation of hazardous materials, hazardous substances or hazardous wastes:

(a) Minimum coverage in the amount of five million dollars for the transportation of:

(i) Hazardous substances, as defined in 49 Code of Federal Regulations part 171, transported in a cargo tank, portable tank or hopper-type vehicle with capacities in excess of three thousand five hundred water gallons.

(ii) Any quantity of class A or B explosives.

(iii) Any quantity of poison gas (poison A).

(iv) Liquefied compressed gas or compressed gas transported in a cargo tank, portable tank or hopper-type vehicle with capacities in excess of three thousand five hundred water gallons.

(v) The quantity of radioactive materials that requires specialized handling and transportation controls as indicated in 49 Code of Federal Regulations part 173.

(b) Minimum coverage in the amount of one million dollars for the transportation of the following:

(i) Any quantity of oil listed in 49 Code of Federal Regulations part 172.

(ii) Any quantity of hazardous wastes, hazardous materials or hazardous substances as defined and listed in 49 Code of Federal Regulations part 171 and in 49 Code of Federal Regulations part 172 but not included in subdivision (a) of this paragraph.

B. If a motor vehicle is leased or rented, the lessor shall ensure that the lessee is covered under the lessor's liability insurance as provided by this section or the lessor shall require that the lessee meet the financial responsibility requirements of this section.  In the case of taxis, livery vehicles or limousines, a person who is listed on the department's records as the owner shall comply with the financial responsibility requirements of this article and article 4 of this chapter.

C. If a lessee uses the motor vehicle for a purpose that is required under this section to have a higher amount of financial responsibility than was required of the lessor or renter, the lessee shall maintain the higher financial responsibility requirements of this section.

D. The uninsured motorist coverage required by this section is not required until June 1, 1987 and may be provided by a self-insurance program authorized under section 28-4007.  A person who is under contract with this state or a political subdivision of this state, who operates a motor vehicle owned by this state or a political subdivision of this state and who is included in the self-insurance program of this state or a political subdivision of this state is exempt from the uninsured motorist requirements of this section.
A.R.S. § 28-2470.25 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.25
28-2470.25 Wildland fire prevention special plates; fund
Status: in_force

28-2470.25. Wildland fire prevention special plates; fund

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

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

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

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

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

1. Have a vision of an exemplary, one-of-a-kind wildland fire learning center that honors the legacy of deceased hotshot crew firefighters by educating, inspiring and motivating visitors to adopt behaviors that prevent wildland fires, resulting in fewer fire-related fatalities.

2. Have a mission to establish and operate a wildland fire learning center that honors deceased hotshot crew firefighters by telling their story, displaying and housing artifacts and memorabilia and educating visitors about wildland fire, firefighting and prevention.

3. Has a board comprised of family members of deceased hotshot crew firefighters and community members.

F. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-6704 — Arizona Code / Title 28 / Chapter 19 / Article 1 / Section 6704
28-6704 Condemnation; federal-county highway; exception
Status: in_force

28-6704. Condemnation; federal-county highway; exception

A. The county attorney of the county in which a highway is to be established shall file in superior court in the county in which the land is located a condemnation action pursuant to section 12-1116 in the name of the county if all of the following conditions exist:

1. The board of supervisors enters into an agreement with the United States acting through its duly authorized officers or agents and pursuant to an act of Congress for acquiring a right-of-way for a highway in the county.

2. The United States has constructed part of the highway described in the agreement.

3. The board of supervisors has been unable to acquire a right-of-way pursuant to sections 28-6701 and 28-6702 that is necessary for completion of the highway.

4. An agent of the United States that is in charge of the work to be done by the United States under the agreement makes a demand to the county attorney.

5. The board of supervisors by resolution directs the county attorney to file the action.

B. The county treasurer shall make the deposit required by the court as provided by section 12-1116 and on final judgment by the court assessing the value of the lands sought to be condemned and the damages, if any, to pay the amount due. If the monies deposited or paid by the treasurer have not been appropriated or set aside for that purpose by the board of supervisors, the board of supervisors shall provide for the amount in its next budget and shall levy a tax for that purpose.

C. This section does not apply to a highway designated as a national highway, state highway or state route.
A.R.S. § 28-4630 — Arizona Code / Title 28 / Chapter 10 / Article 9 / Section 4630
28-4630 Election for limited operation transporters
Status: in_force

28-4630. Election for limited operation transporters

In lieu of complying with this article, a transporter that has a limited operation may elect to comply with all other applicable statutes.
A.R.S. § 28-4004 — Arizona Code / Title 28 / Chapter 9 / Article 1 / Section 4004
28-4004 Transfer of registration
Status: in_force

28-4004. Transfer of registration

This chapter does not:

1. Prevent the owner of a motor vehicle whose registration has been suspended under this chapter from effecting a bona fide sale of the motor vehicle to another person whose rights or privileges are not suspended under this chapter.

2. Prevent the transferee from registering the motor vehicle.

3. Affect the rights of a conditional vendor, chattel mortgagee or lessor of a motor vehicle registered in the name of another as owner who becomes subject to this chapter.
A.R.S. § 28-8482 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8482
28-8482 Incorporation of sound attenuation standards in building codes
Status: in_force

28-8482. Incorporation of sound attenuation standards in building codes

A. A political subdivision that includes territory in the vicinity of a military airport or ancillary military facility shall incorporate the sound attenuation standards and specifications prescribed in this section into any building code in existence on or adopted after December 31, 2001 or adopted on or after the date the land becomes territory in the vicinity of a military airport or ancillary military facility. These standards and specifications apply to new development and alterations for first occupancy that are the subject of building permits issued after December 31, 2001 or after December 31 of the year in which the land becomes territory in the vicinity of a military airport or ancillary military facility and that are located on property within the territory in the vicinity of a military airport or ancillary military facility and do not apply to new development and alterations that are located on property within corporate limits of a municipality but outside territory in the vicinity of a military airport or ancillary military facility.

B. Not later than December 31, 2001 or not later than December 31 of the year in which the land becomes territory in the vicinity of a military airport or ancillary military facility, a political subdivision that has territory in the vicinity of a military airport or ancillary military facility shall adopt an ordinance that requires a noise level reduction to be incorporated in the design and construction of any residential building or portions of buildings where the public is received, office areas and where normal noise level is low for first occupancy, including libraries, schools and churches, pursuant to building permits issued after December 31, 2001 in order to achieve a maximum interior noise level of forty-five decibels in areas within the noise contours described in section 28-8461, paragraph 9, subdivision (a), (b), (c) or (d), as applicable.  In order to comply with this section, an ordinance shall require that all residential buildings in territory in the vicinity of a military airport or ancillary military facility but outside the noise contours as described in this section shall be constructed with a minimum of R18 exterior wall assembly, a minimum of R30 roof and ceiling assembly, dual-glazed windows and solid wood, foam-filled fiberglass or metal doors to the exterior or, if the specified building standards are not met, the political subdivision may approve, as an alternative, a certification by an architect or engineer registered pursuant to title 32, chapter 1 to achieve a maximum interior noise level of forty-five decibels at the time of final construction.  A sound attenuation ordinance adopted by a political subdivision pursuant to this subsection shall not require a maximum interior noise level that is less than the maximum interior noise level required by this subsection.

C. The sound attenuation requirements of this section do not apply to ancillary buildings used in agricultural land use.

D. If the gross floor area of a structure or project is expanded by less than fifty per cent, the requirements of this section apply only to the area of expansion. If the gross floor area of a structure or project is expanded by fifty per cent or more, the requirements of this section apply to the entire structure, except for single family, mobile home, manufactured housing unit or duplex dwellings or any multifamily property used for residential purposes.

E. For the purposes of this section, political subdivision does not include a school district.
A.R.S. § 28-2452 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2452
28-2452 Firefighter special plates; fund
Status: in_force

28-2452. Firefighter special plates; fund

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

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

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

D. The firefighter special plate fund is established consisting of monies received pursuant to this section.  The director shall administer the fund.  The first thirty-two thousand dollars in the fund shall be reimbursed to the person who provides the thirty-two thousand dollars pursuant to subsection A of this section.  Not more than five percent of monies deposited in the fund annually shall be used for the cost of administering the fund.  Monies in the fund are continuously appropriated.

E. The director shall annually allocate monies from the firefighter special plate fund, excluding administrative fees, to an incorporated nonprofit corporation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that has a mission of leading, serving and collaborating to mobilize enduring philanthropy for a better state.  The nonprofit corporation must have been awarding grants since 1978 and must provide funding year-round to nonprofit organizations, government agencies and educational institutions for a variety of uses, including general operating support, programmatic support and capacity building. The monies in the fund must be used to provide scholarships for life safety training of firefighters in this state.

F. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-5617 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5617
28-5617 Vendors; receipt
Status: in_force

28-5617. Vendors; receipt

A. A vendor of use fuel, the use of which is taxable under this article, who sells and delivers the use fuel into a fuel tank shall give the user a receipt for the use fuel.  The receipt shall include the following:

1. The date of purchase.

2. The seller's name and address.

3. The number of gallons purchased.

4. The type of fuel purchased.

5. The price per gallon of the fuel.

6. The rate of tax paid.

7. Other information required by the director.

B. A person who is the owner of use fuel that is contained in bulk storage and who permits the fuel to be delivered into the fuel tank of a motor vehicle for which the person is not the owner or lessee:

1. Is presumed to be a vendor of use fuel.

2. Shall comply with the requirements in this article for vendors of use fuel.
A.R.S. § 28-2409 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2409
28-2409 International symbol of access special plates; placard; update of records; invalid placard or plate; definitions
Status: in_force

28-2409. International symbol of access special plates; placard; update of records; invalid placard or plate; definitions

A. The department shall issue special plates bearing the international symbol of access to either:

1. A person who is an owner or lessee of a motor vehicle and who either:

(a) Has a permanent physical disability.

(b) Is the parent or legal guardian of a minor with a permanent physical disability.

2. An organization that owns or leases a motor vehicle that primarily transports persons with physical disabilities.

B. A permanent disability special plate issued under this section is valid for as long as the person to whom the plate is issued qualifies for issuance under this section.

C. A person who has a permanent physical disability may obtain, if qualified, a permanent disability removable windshield placard. A person who has a temporary physical disability may obtain, if qualified, a temporary disability removable windshield placard. An organization described in subsection A, paragraph 2 of this section may obtain, if qualified, a placard for each of the qualified vehicles.  The department shall issue only one valid placard to an applicant with a temporary or permanent physical disability, except to replace a lost, stolen or mutilated placard or if the department determines, on receiving the applicant's written request, that the needs of the applicant are such that up to three valid placards are required. The department shall issue a placard pursuant to this section at no additional charge.

D. The department may issue up to three permanent disability removable windshield placards to a nonprofit organization that provides assistance to senior citizens. The nonprofit organization shall maintain records on each volunteer who uses these placards to transport persons with temporary or permanent disabilities.

E. A permanent disability removable windshield placard issued under this section is valid for as long as the person to whom it is issued qualifies for issuance under this section. A temporary disability removable windshield placard issued under this section is valid for a period of time as determined by the department. A person who desires to obtain a temporary disability removable windshield placard for an additional period of time shall submit a new application.

F. A person or an organization described in subsection A, paragraph 2 of this section that desires to obtain a permanent disability removable windshield placard or a temporary disability removable windshield placard or international symbol of access special plates shall submit an application to the department of transportation on a form furnished by the department of transportation that contains one of the following:

1. If a person with a permanent or temporary disability, a medical certificate completed by a hospital administrator, an authorized physician, an authorized physician assistant, a registered nurse practitioner or a physical therapist who certifies that the applicant has a physical disability.

2. If a person with a disability who is a veteran and who has a one hundred percent disability, a copy of the person's certificate of one hundred percent disability issued by the United States department of veterans affairs.

3. If an organization, a signed statement by an authorized officer of the organization affirming that the registered vehicle that is owned or leased by the organization and that will display the placard or the international symbol of access special plates primarily transports persons with physical disabilities.

G. On receipt of the application containing the medical certificate, the certificate of one hundred percent disability issued by the United States department of veterans affairs or the signed statement, if the department of transportation finds that the applicant qualifies for the parking privileges pursuant to chapter 3, article 14 of this title, the department of transportation shall issue the placard or international symbol of access special plates.

H. The placard or international symbol of access special plates shall be displayed on or in the motor vehicle in the manner prescribed by the department.

I. A request for special plates issued under this section may be combined with a request for an honored military license plate issued under article 13 of this chapter or any other special plate. The department shall prescribe the form for the request. The request is subject to payment of only the fee required for the honored military license plate or other special plate and is not subject to any other special plate fee under section 28-2402. An international symbol of access special plate that is combined with an honored military license plate or any other special plate is not a personalized special plate under section 28-2406.

J. If a person for whom a permanent disability removable windshield placard or permanent disability special plate has been issued pursuant to this section has been identified as deceased through monthly inquiries of federal or state vital record databases, the department shall update the record that the permanent disability removable windshield placard or the permanent disability special plate is canceled. The department shall electronically provide notice that the placard or plate is canceled to an authorized central law enforcement telecommunication system database that is accessible to law enforcement officers in this state.

K. For the purposes of this section:

1. "Authorized physician" means a doctor of medicine, osteopathy, podiatry or chiropractic who is licensed to practice medicine in this state or another state or authorized by the United States government to practice medicine.

2. "Authorized physician assistant" means a physician assistant who is under the supervision of an authorized physician.

3. "Permanent disability removable windshield placard" means a two-sided, hooked placard that includes on each side all of the following:

(a) The international symbol of access that is at least three inches in height, that is centered on the placard and that is white on a blue shield.

(b) An identification number.

(c) The seal or other identification of the issuing authority.

4. "Physical disability" means that a person, as determined by a hospital administrator or authorized physician, meets any of the following conditions:

(a) Cannot walk two hundred feet without stopping to rest.

(b) Cannot walk without the use of or assistance from any brace, cane, crutch, other person, prosthetic device, wheelchair or other assistive device.

(c) Is restricted by lung disease to such an extent that the person's forced respiratory, expiratory volume for one second, if measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/Hg on room air at rest.

(d) Uses portable oxygen.

(e) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as class III or class IV according to standards set by the American heart association.

(f) Is severely limited in the person's ability to walk due to an arthritic, neurological or orthopedic condition.

5. "Temporary disability removable windshield placard" means a two-sided, hooked placard that includes on each side all of the following:

(a) The international symbol of access that is at least three inches in height, that is centered on the placard and that is white on a red shield.

(b) An identification number.

(c) A date of expiration.

(d) The seal or other identification of the issuing authority.
A.R.S. § 28-7058 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7058
28-7058 Privatization of rest areas; state certified rest area program; definitions
Status: in_force

28-7058. Privatization of rest areas; state certified rest area program; definitions

A. The department may:

1. Privatize any rest area constructed on or adjacent to state highways in this state on or after September 26, 2008. Any agreement between the department and a person for privatization under this section shall include a provision that:

(a) Prohibits the person from charging any fees for the use of a lavatory.

(b) Requires the person to provide an adequate outdoor picnic area to be available to the public at no charge.

2. Establish a state certified rest area program that meets the requirements established by the federal highway administration pursuant to Public Law 109-59, section 1310.

3. Contract with a third party or other government entity to certify and recertify rest areas for the state certified rest area program.

B. For the purposes of this section:

1. "Population" means the population determined in the most recent United States decennial census or in the most recent special census as provided in section 28-6532.

2. "State certified rest area" means a privately owned facility that is both of the following:

(a) Certified by this state or a third party to meet the requirements established by the federal highway administration pursuant to Public Law 109-59, section 1310 and at a minimum offers all of the following:

(i) Fuel and food to the public.

(ii) Twenty-four hour access to restrooms.

(iii) Parking for automobiles and heavy trucks.

(b) Located outside of the public right-of-way and outside of an urbanized area with a population of one hundred thousand or more persons.

3. "Urbanized area" means an urbanized area as defined in the decennial census by the United States bureau of the census.
A.R.S. § 28-667 — Arizona Code / Title 28 / Chapter 3 / Article 4 / Section 667
28-667 Written accident report; definition
Status: in_force

28-667. Written accident report; definition

A. A law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident resulting in bodily injury, death or damage to the property of any person in excess of $2,000 or the issuance of a citation shall complete a written report of the accident as follows:

1. Either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses.

2. Within twenty-four hours after completing the investigation.

B. Every law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident that results in damage to the property of any person in an amount of $2,000 or less, but that does not result in the issuance of a citation or bodily injury or death, shall complete a portion of the written report of the accident.  The portion of the written report shall:

1. Be completed either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses.

2. Be completed within twenty-four hours after completing the investigation.

3. Include the following minimum information:

(a) The time, day, month and year of the accident.

(b) Information adequate to identify the location of the accident.

(c) Identifying information for all involved parties and witnesses, including name, age, sex, address, telephone number, vehicle ownership and registration and proof of insurance.

(d) A narrative description of the facts of the accident, a simple diagram of the scene of the accident and the investigating officer's name, agency and identification number.

C. The agency employing the officer or public employee:

1. Shall not allow a person to examine the accident report or any related investigation report or a reproduction of the accident report or a related investigation report if the request is for a commercial solicitation purpose.

2. May require a person requesting the accident or related investigative report to state under penalty of perjury that the report is not examined or copied for a commercial solicitation purpose.

3. May retain the original report.

4. Shall maintain an electronic copy of the original report if the agency elects not to retain the original report pursuant to paragraph 3 of this subsection.

5. Shall immediately forward a copy of the report to the department of transportation for its use.

6. Except as otherwise provided by law, on request shall provide a copy of the unredacted report to the following:

(a) A person who is involved in the accident or the owner of a vehicle involved in the accident or a representative of the person or owner.

(b) Any insurer licensed pursuant to title 20 if the report is related to an investigation into fraudulent claims, or any insurer that writes automobile liability or motor vehicle liability policies and that is both of the following:

(i) Under the jurisdiction of the department of insurance and financial institutions or a self-insured entity or its agents, employees or contractors in connection with claims investigation activities, antifraud activities, rating or underwriting.

(ii) An insurer of a person or vehicle involved in the accident.

(c) An attorney licensed to practice law or to a licensed private investigator representing a person involved in the accident in connection with any civil, administrative or arbitration proceeding in any court or government agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation and the execution or enforcement of judgments and orders, or pursuant to a court order.

(d) An insurance support organization as defined in section 20-2102 that provides services in connection with claims investigation activities, antifraud activities, rating or underwriting.

D. If a request is made pursuant to subsection C, paragraph 6, subdivision (a) or (c) of this section and the accident report indicates that a criminal complaint has been issued, before the report is released the personal identifying information regarding any victim shall be redacted from the accident report pursuant to section 13-4434.

E. A law enforcement agency may deny a request for a copy of an unredacted accident report if the agency determines that release of the report would be harmful to a criminal investigation.

F. The department may place notes, date stamps, identifying numbers, marks or other information on the copies as needed, if they do not alter the original information reported by the investigating officer or public employee.

G. Any law restricting the distribution of personal identifying information by a business entity described in subsection C, paragraph 6, subdivisions (b) and (d) of this section applies to personal identifying information contained in an accident report.  If a person who receives information under this section is not otherwise subject to distribution restrictions for information contained in accident reports, the person shall not release the report or any information contained in the report except to those persons designated in subsection C, paragraph 6 of this section.

H. For the purposes of this section, "commercial solicitation purpose" means a request for an accident report if there is neither:

1. A relationship between the person or the principal of the person requesting the accident report and any party involved in the accident.

2. A reason for the person to request the report other than for the purposes of soliciting a business or commercial relationship.
A.R.S. § 28-7369 — Arizona Code / Title 28 / Chapter 20 / Article 13 / Section 7369
28-7369 Insurance requirements in procurements
Status: in_force

28-7369. Insurance requirements in procurements

If contractor insurance is required for services procured pursuant to this article, 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.
A.R.S. § 28-7205 — Arizona Code / Title 28 / Chapter 20 / Article 8 / Section 7205
28-7205 City, town or county road vacated
Status: in_force

28-7205. City, town or county road vacated

If the roadway is a city, town or county roadway, the governing body may resolve that the roadway or portion of the roadway be vacated. On the making of the resolution, title to the roadway or portion of the roadway vests, subject to the same encumbrances, liens, limitations, restrictions and estates as exist on the land to which it accrues, as follows:

1. If a roadway that is the exterior boundary of a subdivision or other tract of land is vacated, title to the roadway vests in the owners of the land abutting the vacated roadway to the same extent that the land included within the roadway, at the time the roadway was acquired for public use, was a part of the subdivided land or was a part of the adjacent land.

2. If less than the entire width of the roadway is vacated, title to the vacated portion vests in the owners of the land abutting the vacated portion.

3. If a roadway bounded by straight lines is vacated, title to the vacated roadway vests in the owners of the abutting land and each abutting owner takes to the center of the roadway, except as provided in paragraphs 1 and 2. If the boundary lines of abutting lands do not intersect the roadway at a right angle, the land included within the roadway vests as provided in paragraph 4.

4. In all instances not specifically provided for, title to the vacated roadway vests in the owners of the abutting land, and each abutting owner takes that portion of the vacated roadway to which the abutting owner's land or any part of the abutting owner's land is nearest in proximity.

5. On vacation of a roadway no portion accrues to an abutting roadway.
A.R.S. § 28-6351 — Arizona Code / Title 28 / Chapter 17 / Article 2 / Section 6351
28-6351 Definitions
Status: in_force

28-6351. Definitions

In this article, unless the context otherwise requires:

1. "Enhancement" means an addition that exceeds generally accepted engineering or design standards for the specific type of facility.

2. "Plan" means the comprehensive, performance-based, multimodal and coordinated regional strategic transportation infrastructure investment plan approved for the county pursuant to section 28-6308, as amended or otherwise modified.
A.R.S. § 28-7043 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7043
28-7043 Designation of state route as state highway
Status: in_force

28-7043. Designation of state route as state highway

A. At least two weeks before the designation and acceptance by the transportation board of a state route or portion of a state route as a state highway, the transportation board shall give notice to the board of supervisors of the county in which the proposed highway is located of the intention of the transportation board to consider the designation.

B. The board of supervisors may:

1. Appear before the transportation board and be heard on the proposal.

2. Petition the transportation board to take over and designate a state route as a state highway.

C. Until designated and accepted as state highways, all state routes are county highways and shall be constructed, improved and maintained as county highways, except as otherwise provided in this title.

D. A part of a state route shall not be taken over or designated as a state highway until monies for its improvement are provided in the budget of the department. If part of a state route is designated and accepted by the transportation board as a state highway, the department shall maintain the highway.
A.R.S. § 28-2058 — Arizona Code / Title 28 / Chapter 7 / Article 2 / Section 2058
28-2058 Transfer of title; odometer mileage disclosure statement; education
Status: in_force

28-2058. Transfer of title; odometer mileage disclosure statement; education

A. When the owner of a registered or unregistered vehicle transfers or assigns the owner's title or interest to the vehicle:

1. If the vehicle is registered:

(a) The owner shall endorse on the certificate of title or title transfer form an assignment with the warranty of title.

(b) Except as provided in section 28-2094, the owner shall deliver the certificate of title or title transfer form to the purchaser or transferee at the time of delivery of the vehicle to the purchaser or transferee.

(c) The registration of the vehicle expires and the owner shall transfer the license plates, surrender the license plates to the department or an authorized third party or submit an affidavit of license plate destruction within thirty days after the owner transfers or assigns the owner's title or interest in the vehicle.

(d) Except as provided in section 28-2091, the acquiring owner shall apply for registration or a certificate of title, or both, within fifteen days after the relinquishing owner transfers or assigns the relinquishing owner's certificate of title or interest in the vehicle. The director may prorate the registration period as the director deems necessary to coincide with emissions inspection requirements.

(e) Except if the acquiring owner is an insurer who acquires the vehicle pursuant to a claim settlement, the acquiring owner shall display on the vehicle a temporary registration plate, another permit or a valid license plate as prescribed by the department until ownership of the vehicle is transferred in the department's records.

2. Regardless of whether or not the vehicle is registered:

(a) Except as provided in subsection B of this section, the owner shall deliver to the purchaser or transferee an odometer mileage disclosure statement in a form prescribed by the director.

(b) Except as provided in sections 28-2051, 28-2060 and 28-2091, the purchaser or transferee shall present the certificate of title or title transfer form to the department with the required fee within fifteen days after the transfer and:

(i) The department shall issue a new certificate of title.

(ii) If required, the purchaser or transferee shall apply for and obtain registration, and the department shall issue new license plates to the purchaser or transferee.

B. The odometer disclosure requirement of subsection A of this section does not apply to:

1. A motor vehicle that is ten model years of age if the model year is 2010 or older.

2. A motor vehicle that is twenty model years of age if the model year is 2011 or newer.

3. A motor vehicle that has a gross vehicle weight rating of sixteen thousand pounds or more.

4. A vehicle that is not self-propelled.

5. A motor vehicle that is sold directly by the manufacturer to an agency of the United States in conformity with contractual specifications.

6. A new motor vehicle that is purchased for resale and not for use by the purchaser.

C. In the department's information and education materials, the department shall include information relating to the process by which an individual may notify the department when the title to or an interest in a vehicle is transferred or assigned.
A.R.S. § 28-694 — Arizona Code / Title 28 / Chapter 3 / Article 5 / Section 694
28-694 Wrong-way driving; civil penalty; traffic survival school; definition
Status: in_force

28-694. Wrong-way driving; civil penalty; traffic survival school; definition

A. A person who drives the wrong way on a controlled access highway commits wrong-way driving.

B. A person who is found responsible for a violation of this section is subject to a civil penalty of five hundred dollars.

C. A person who is found responsible for a violation of this section shall attend and successfully complete approved traffic survival school educational sessions that are designed to improve the safety and habits of drivers.

D. For the purposes of this section, "wrong way" means vehicular movement that is in a direction opposing the legal flow of traffic.  Wrong way does not include median crossing or a collision where a motor vehicle comes to a stop facing the wrong way.
A.R.S. § 28-4457 — Arizona Code / Title 28 / Chapter 10 / Article 5 / Section 4457
28-4457 Franchise termination, cancellation or nonrenewal; good cause; changes
Status: in_force

28-4457. Franchise termination, cancellation or nonrenewal; good cause; changes

A. Notwithstanding the terms, provisions or conditions of an agreement or franchise, the following are not good cause for the termination, cancellation or nonrenewal of a franchise:

1. The change of ownership of the franchisee's dealership. This paragraph does not authorize a change in ownership that would have the effect of the sale of the franchise without the manufacturer's or distributor's consent.  The consent shall not be unreasonably withheld. The burden of establishing the reasonableness is on the franchisor.

2. The fact that the franchisee refused to purchase or accept delivery of a new motor vehicle, parts or accessories or any other commodity or service not ordered by the franchisee.

B. If a franchisor enters into or attempts to enter into a franchise, whether on termination or cancellation, on refusal to renew another franchise or on the establishment of an additional new motor vehicle dealership in a community where the same line-make is then represented, without first complying with this chapter, a license under this chapter shall not be issued to that franchisee or proposed franchisee to engage in the business of selling new motor vehicles that are manufactured or distributed by that franchisor.

C. In determining whether good cause has been established for terminating, canceling or not renewing a franchise, the administrative law judge shall consider the existing circumstances, including the following:

1. Amount of business transacted by the franchisee.

2. Investment necessarily made and obligations incurred by the franchisee in the performance of the franchisee's part of the franchise.

3. Permanency of the investment.

4. Whether it is injurious to the public welfare for the business of the franchisee to be discontinued.

5. Whether the franchisee has adequate new motor vehicle facilities, equipment, parts and qualified management, sales and service personnel to reasonably provide consumer care for the new motor vehicles sold at retail by the franchisee and any other new motor vehicle of the same line-make.

6. Whether the franchisee refuses to honor warranties of the franchisor to be performed by the franchisee if the franchisor reimburses the franchisee for the warranty work performed by the franchisee.

7. Except as provided in subsection A:

(a) Failure by the franchisee to substantially comply with those requirements of the franchise that are determined by the administrative law judge to be reasonable and material.

(b) Bad faith by the franchisee in complying with those terms of the franchise that are determined by the administrative law judge to be reasonable and material.

D. If failure by the franchisee to substantially comply with a reasonable and material provision of the franchise relates to the performance of sales or service by the franchisee, good cause is established if all of the following are true:

1. The franchisor notifies the franchisee of the failure in writing.

2. The notice states that it is provided for failure of performance pursuant to this chapter.

3. The franchisee is provided a reasonable opportunity in which to exert good faith efforts to carry out the provisions of the franchise. The reasonable opportunity provided shall be over a period of at least one hundred eighty days.

4. The franchisee does not demonstrate substantial compliance with the franchisor's performance standards during that period and the failure to demonstrate compliance is not due to factors controlled by the franchisor.

E. In determining whether good cause has been established for entering into an additional franchise for the same line-make the administrative law judge shall consider the existing circumstances including the following:

1. Amount of business transacted by other franchisees of the same line-make in that community.

2. Investment necessarily made and obligations incurred by other franchisees of the same line-make in that community in the performance of their part of their franchises.

3. Whether the franchisees of the same line-make in that community are providing adequate consumer care for the new motor vehicle products of the line-make, including the adequacy of new motor vehicle dealer sales and service facilities, equipment, supply of parts and qualified management, sales and service personnel.

4. The economic impact on existing franchisees of the same line-make due to the addition of a franchise.

5. The effect on the retail motor vehicle business and the consuming public.

F. On the termination or nonrenewal of a franchise for any reason, including the cessation of a line-make but not including a voluntary termination of the franchise agreement by the franchisee or a termination by the franchisor based on good cause as determined pursuant to this section, the franchisor must do all of the following:

1. Pay the franchisee being terminated the fair market value of the franchise as of the date of the notice of termination or nonrenewal or twelve months before the date of notice, whichever is greater.  The fair market value shall be the goodwill value of the franchisee's franchise in the franchisee's community as of the relevant date.

2. Reimburse the franchisee for the cost of any facility upgrades and renovations required by the franchisor within three years before the termination or nonrenewal less any offsets actually received by the franchisee from the franchisor toward the upgrades or renovations, including stipends, credits and other subsidies.

3. Repurchase any data processing programs, software and equipment required by the franchisor for communication of sales, service, warranty or other information to the franchisor or report data to the franchisor that meets the following criteria:

(a) Was used by the franchisee exclusively for the line-make vehicle covered by the dealer agreement being terminated or not renewed.

(b) Was purchased by the franchisee in the three year period before the termination or nonrenewal of the dealer agreement or was leased by the franchisee before the effective date of the termination or nonrenewal, except that the franchisor shall only be responsible for payments under the lease for a period not to exceed three years.

4. Pay to the franchisee an amount equal to twelve months' rent at the fair market rental value for the real property, except that if the real property is leased from a third party who is unrelated to the franchisee, the amount to be paid by the franchisor shall equal twelve months' rent pursuant to the current lease of the real property in effect at the time of the termination or nonrenewal.  If the termination or nonrenewal relates to fewer than all of the franchises operated by the franchisee at a single location, the amount to be paid by the franchisor pursuant to this paragraph shall be based on the percentage of the total square footage attributed to the franchise being terminated or not renewed at the time of the termination or nonrenewal.

5. Compensate the franchisee for all new, unused and undamaged parts listed in the manufacturer's current parts catalog and still in the original merchandising packaging.  The prices for the parts are the prices in effect as of the effective date of the termination or nonrenewal of the franchise, less any applicable allowances, credits or subsidies actually received by the franchisee from the franchisor.

6. Compensate the franchisee for the fair market value of all undamaged, except for ordinary wear and tear, and unmodified special tools, equipment and signage that are required by the franchisor and that are acquired by the franchisee within the three year period before the termination or nonrenewal.

7. Compensate the franchisee at the dealer's net acquisition cost for all new, undamaged, unmodified and unsold vehicle inventory of the current model year and one model year before that is acquired from the manufacturer or from another same line-make dealer in the ordinary course of business before the effective date of the termination or nonrenewal if the vehicle has less than five hundred miles registered on the odometer.

G. Payments made pursuant to subsection F are in addition to any other payments required by the laws of this state or the applicable franchise agreement.  Payments shall be made to the franchisee no later than ninety days after the effective date of the termination or nonrenewal of the dealer agreement and a showing that the franchisee can deliver good and clear title to the items described in subsection F.
A.R.S. § 28-1388 — Arizona Code / Title 28 / Chapter 4 / Article 3 / Section 1388
28-1388 Blood and breath tests; violation; classification; admissible evidence
Status: in_force

28-1388. Blood and breath tests; violation; classification; admissible evidence

A. If blood is drawn under section 28-1321, only a physician, a registered nurse or another qualified person may withdraw blood for the purpose of determining the alcohol concentration or drug content in the blood. The qualifications of the individual withdrawing the blood and the method used to withdraw the blood are not foundational prerequisites for the admissibility of a blood alcohol content determination made pursuant to this subsection.

B. If a law enforcement officer administers a duplicate breath test and the person tested is given a reasonable opportunity to arrange for an additional test pursuant to subsection C of this section, a sample of the person's breath does not have to be collected or preserved.

C. The person tested shall be given a reasonable opportunity to arrange for any physician, registered nurse or other qualified person of the person's own choosing to administer a test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

D. If a person under arrest refuses to submit to a test or tests under section 28-1321, whether or not a sample was collected pursuant to subsection E of this section or a search warrant, evidence of refusal is admissible in any civil or criminal action or other proceeding. The issue of refusal is an issue of fact to be determined by the trier of fact in all cases.

E. Notwithstanding any other law, if a law enforcement officer has probable cause to believe that a person has violated section 28-1381 and a sample of blood, urine or other bodily substance is taken from that person for any reason, a portion of that sample sufficient for analysis shall be provided to a law enforcement officer if requested for law enforcement purposes. A person who fails to comply with this subsection is guilty of a class 1 misdemeanor.

F. A person who collects blood, urine or any other bodily substance under this section or any hospital, laboratory or clinic employing or using the services of the person does not incur any civil liability as a result of this activity if requested by a law enforcement officer to collect blood, urine or other bodily substances unless the person, while performing the activity, acts with gross negligence.

G. A statement by the defendant that the defendant was driving a vehicle that was involved in an accident resulting in injury to or death of any person is admissible in any criminal proceeding without further proof of corpus delicti if it is otherwise admissible.
A.R.S. § 28-304 — Arizona Code / Title 28 / Chapter 2 / Article 1 / Section 304
28-304 Powers and duties of the board; transportation facilities
Status: in_force

28-304. Powers and duties of the board; transportation facilities

A. The board shall:

1. Develop and adopt a statewide transportation policy statement.  The policy statement shall be adopted as described in section 28-306.

2. Adopt a long-range statewide transportation plan. The plan shall be adopted as described in section 28-307.

3. Adopt uniform transportation planning practices and performance-based planning processes for use by the department. The practices and processes shall be developed as described in sections 28-502 and 28-503.

4. Adopt transportation system performance measures and factors and data collection standards to be used by the department.  The performance measures, factors and standards shall be developed as described in sections 28-504 and 28-505.

B. With respect to highways, the board shall:

1. Establish a complete system of state highway routes.

2. Determine which state highway routes or portions of the routes are accepted into the state highway system and which state highway routes to improve.

3. Establish, open, relocate or alter a portion of a state route or state highway.

4. Vacate or abandon a portion of a state route or state highway as prescribed in section 28-7209.

5. Sell board funding obligations to the state treasurer as provided in section 28-7678.

C. The board shall:

1. Establish policies to guide the development or modification of the five year transportation facilities construction program that are consistent with the principles of performance-based planning developed pursuant to article 7 of this chapter. The percentage of department discretionary monies allocated to the region in the plan approved pursuant to chapter 17, article 1 of this title shall not increase or decrease unless the board, in cooperation with the regional planning agency, agrees to change the percentage of the discretionary monies.

2. Award all construction contracts for transportation facilities.

3. Monitor the status of these construction projects.

D. The board shall determine priority program planning with respect to transportation facilities using the performance-based methods developed pursuant to article 7 of this chapter.

E. With respect to transportation facilities other than highways, the board shall establish, open, relocate, alter, vacate or abandon all or portions of the facilities.

F. With respect to aeronautics, the board shall perform the functions prescribed in chapter 25 of this title.

G. The board shall not spend any monies, adopt any rules or implement any policies or programs to convert signs to the metric system or to require the use of the metric system with respect to designing or preparing plans, specifications, estimates or other documents for any highway project before the conversion or use is required by federal law, except that the board may:

1. Spend monies and require the use of the metric system with respect to designing or preparing plans, specifications, estimates or other documents for a highway project that is awarded before October 1, 1997 and that is exclusively metric from its inception.

2. Prepare for conversion to and use of the metric system not more than six months before the conversion or use is required by federal law.
A.R.S. § 28-1599 — Arizona Code / Title 28 / Chapter 5 / Article 4 / Section 1599
28-1599 Admission; evidence of negligence
Status: in_force

28-1599. Admission; evidence of negligence

An admission of the allegation of a civil traffic complaint or a judgment on the complaint is not evidence of negligence in a civil or criminal proceeding that is not authorized by chapter 3 of this title or this chapter.
A.R.S. § 28-1176 — Arizona Code / Title 28 / Chapter 3 / Article 20 / Section 1176
28-1176 Off-highway vehicle recreation fund; annual reports; definition
Status: in_force

28-1176. Off-highway vehicle recreation fund; annual reports; definition

A. An off-highway vehicle recreation fund is established. The fund consists of:

1. Monies appropriated by the legislature.

2. Monies deposited pursuant to sections 28-1177 and 28-5927.

3. Federal grants and private gifts.

B. Monies in the off-highway vehicle recreation fund are appropriated to the Arizona state parks board solely for the purposes provided in this article.  Interest earned on monies in the fund shall be credited to the fund.  Monies in the off-highway vehicle recreation fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. The Arizona game and fish department shall spend thirty-five percent of the monies in the off-highway vehicle recreation fund for:

1. Informational and educational programs related to safety, the environment and responsible use with respect to off-highway vehicle recreation.

2. Law enforcement activities relating to this article.

3. The administration of the indicia program.

4. Off-highway vehicle law enforcement pursuant to title 17, chapter 4, article 3, including seven full-time employees to enforce this article and title 17, chapter 4, article 3.

D. The state land department shall spend five percent of the monies in the off-highway vehicle recreational fund to allow occupants of off-highway vehicles with resident or nonresident off-highway vehicle user indicia to cross state trust land on existing roads, trails and designated routes. The state land department shall use these monies for costs associated with off-highway vehicle use of lands within its jurisdiction, to mitigate damage to the land, for necessary environmental, historical and cultural clearance or compliance activities and to fund enforcement of off-highway vehicle laws.

E. The Arizona state parks board shall spend sixty percent of the monies in the off-highway vehicle recreation fund for the following purposes:

1. No more than twelve percent to fund staff support to plan and administer the off-highway vehicle recreation fund.

2. To establish an off-highway vehicle program based on the priorities established in the off-highway vehicle recreational plan.

3. To designate, construct, maintain, renovate, repair or connect off-highway vehicle routes and trails and to designate, manage and acquire land for access roads, off-highway vehicle recreation facilities and off-highway vehicle use areas.  After expenditures pursuant to paragraph 1 of this subsection, the Arizona state parks board shall not spend more than thirty-five percent of the remaining monies received pursuant to this subsection for construction of new off-highway vehicle trails.

4. For enforcement of off-highway vehicle laws.

5. For off-highway vehicle related informational and environmental education programs, information, signage, maps and responsible use programs.

6. For the mitigation of damages to land, revegetation and the prevention and restoration of damages to natural and cultural resources, including the closure of existing access roads, off-highway vehicle use areas and off-highway vehicle routes and trails.

7. For necessary environmental, historical and cultural clearance or compliance activities.

F. The allocation of the monies in subsection E, paragraphs 3 through 7 of this section and the percentages allocated to each of the purposes prescribed in subsection E, paragraphs 3 through 7 of this section shall be based on an off-highway vehicle recreational plan.

G. Monies in the off-highway vehicle recreation fund shall not be used to construct new off-highway vehicle trails or routes on environmentally or culturally sensitive land unless the appropriate land management agency determines that certain new trail construction would benefit or protect cultural or sensitive sites.  For the purposes of this subsection, "environmentally or culturally sensitive land" means areas of lands that are either:

1. Administratively or legislatively designated by the federal government as any of the following:

(a) A national monument.

(b) An area of critical environmental concern.

(c) A conservation area.

(d) An inventoried roadless area.

2. Determined by the applicable land management agency to contain significant natural or cultural resources or values.

H. The Arizona state parks board shall examine applications for eligible projects and determine the amount of funding, if any, for each project.  In determining the amount of monies for eligible projects, the Arizona state parks board shall give preference to applications for projects with mitigation efforts and for projects that encompass a large number of purposes described in subsection E, paragraphs 3 through 7 of this section.

I. Beginning September 1, 2011, and on or before September 1 of each subsequent year, each agency that receives monies from the off-highway vehicle recreation fund shall submit an off-highway vehicle report to the president of the senate, the speaker of the house of representatives, the chairperson of the senate natural resources and rural affairs committee, or its successor committee, and the chairperson of the house of representatives natural resources and public safety committee, or its successor committee. The report shall be made available to the public.  The report shall include information on all of the following if applicable:

1. The amount of monies spent or encumbered in the fund during the preceding fiscal year for the purposes of off-highway vehicle law enforcement activities.

2. The amount of monies spent from the off-highway vehicle recreation fund during the preceding fiscal year for employee services.

3. The number of full-time employees employed in the preceding fiscal year in connection with off-highway vehicle law enforcement activities.

4. The amount of monies spent from the off-highway vehicle recreation fund during the preceding fiscal year for information and education.

5. The number and specific location of verbal warnings, written warnings and citations given or issued during the preceding fiscal year.

6. A specific and detailed accounting for all monies spent in accordance with this section for construction of new off-highway vehicle trails, mitigation of damages to lands, revegetation, the prevention and restoration of damages to natural and cultural resources, signage, maps and necessary environmental, historical and cultural clearance or compliance activities.

J. For the purposes of this section, "off-highway vehicle recreational plan" means a plan that is maintained by the Arizona state parks board pursuant to section 41-511.04.
A.R.S. § 28-1521 — Arizona Code / Title 28 / Chapter 5 / Article 2 / Section 1521
28-1521 Violation; civil penalty
Status: in_force

28-1521. Violation; civil penalty

A person who violates a provision of chapter 3 of this title or this chapter is subject to a civil penalty unless the statute defining the offense provides for a criminal classification.
A.R.S. § 28-7695 — Arizona Code / Title 28 / Chapter 21 / Article 7 / Section 7695
28-7695 Use of proceeds
Status: in_force

28-7695. Use of proceeds

A political subdivision shall use the proceeds from the sale of transportation project advancement notes for payment of any of the following:

1. Advances for a transportation project included in the state's transportation improvement program or a plan, as defined in section 28-6351, under the transportation project advance agreement that relates to the transportation project advancement notes.

2. Legal and financial costs and expenses incurred in issuing and administering the notes.

3. Reimbursement to the political subdivision for monies previously advanced to the department, a regional planning agency, metropolitan planning organization or council of governments, a regional public transportation authority or a designated grant recipient under the transportation project advance agreement that relates to the transportation project advancement notes.

4. If authorized by the political subdivision, payment of interest that accrues on the notes before maturity.

5. Payment of the principal, premium or interest on other obligations of the political subdivision to the extent that proceeds of those obligations are applied to the financing of the transportation project that relates to the transportation project advance agreement.
A.R.S. § 28-1501 — Arizona Code / Title 28 / Chapter 5 / Article 1 / Section 1501
28-1501 Definitions
Status: in_force

28-1501. Definitions

In this chapter, unless the context otherwise requires:

1. "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle.

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

3. "Police officer" means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or for other offenses.

4. "Stop", if required, means complete cessation from movement.

5. "Stop, stopping or standing", if prohibited, means any stopping or standing of an occupied or unoccupied vehicle, except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or traffic control sign or signal.

6. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel.
A.R.S. § 28-3229 — Arizona Code / Title 28 / Chapter 8 / Article 5 / Section 3229
28-3229 Military applicants; driving test waiver; requirements
Status: in_force

28-3229. Military applicants; driving test waiver; requirements

A. The department may waive the requirement that an original applicant for a class A, B or C license take the driving test prescribed by section 28-3223, subsection A, paragraph 5 if the applicant is on active duty in the armed forces of the United States or has separated from the armed forces of the United States under honorable conditions and certifies that during the two-year period immediately before application all of the following apply:

1. The applicant has not had more than one driver license, other than a military license.

2. The applicant has not had any driver license suspended, revoked or canceled.

3. The applicant has not been convicted of an offense committed while operating any type of motor vehicle that would subject the applicant to mandatory disqualification pursuant to section 28-3312.

4. The applicant has not been found responsible for or guilty of a moving traffic violation that results in a motor vehicle accident and has no record of a motor vehicle accident in which the applicant is at fault.

B. The department may waive the driving test pursuant to subsection A of this section if the applicant certifies and provides evidence as prescribed by the department that all of the following apply:

1. The applicant is regularly employed or within the time period prescribed in the United States department of transportation commercial driver's license standards, requirements and penalties, 49 Code of Federal Regulations section 383.77, was regularly employed in a military position requiring operation of a commercial motor vehicle.

2. The applicant is exempt from commercial driver licensing requirements pursuant to section 28-3152, subsection A, paragraph 1 or a comparable law of another state implementing 49 Code of Federal Regulations section 383.3(c).

3. For at least two years immediately before separating from the armed forces of the United States under honorable conditions the applicant operated a motor vehicle that is representative of the class of motor vehicle that the applicant operates or expects to operate.

C. An applicant who obtains a driving test waiver under this section shall take and successfully pass any knowledge test required pursuant to this chapter.
A.R.S. § 28-8325 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8325
28-8325 Registration fee; certificate
Status: in_force

28-8325. Registration fee; certificate

On payment of a registration fee of $5, the license tax and the penalty, if any, the department shall issue a registration certificate that must be kept with the aircraft at all times.
A.R.S. § 28-2154.01 — Arizona Code / Title 28 / Chapter 7 / Article 5 / Section 2154.01
28-2154.01 Special ninety day nonresident registration permits; procedures
Status: in_force

28-2154.01. Special ninety day nonresident registration permits; procedures

A. A dealer or an authorized third party that issues a special ninety day nonresident registration permit pursuant to section 28-2154 shall send an electronic record of the permit to the department through an authorized third party or through the department's authorized third-party electronic service provider.

B. The department, an authorized third party or a dealer shall not:

1. Issue, assign or deliver a special ninety day nonresident registration permit to any person unless the person does all of the following:

(a) Obtains the special ninety day nonresident registration permit pursuant to section 28-2154.

(b) Completes an affidavit in a form prescribed by the director pursuant to section 28-2154 or completes a form prescribed by section 42-5009, subsection H.

(c) Presents to the department, authorized third party or motor vehicle dealer a current valid driver license issued by another state indicating an address outside of this state.

(d) Provides any other information reasonably and uniformly required by the department of transportation pursuant to section 28-2154 or the department of revenue pursuant to section 42-5009, subsection H.

2. Issue and affix, as prescribed in subsection C of this section, a special ninety day nonresident registration permit unless the permit is recorded in the electronic records of the department.

C. A person who issues a special ninety day nonresident registration permit shall affix or insert, clearly and indelibly, on the face of each permit the dates of issuance and expiration and the make and vehicle identification number of the vehicle. The special ninety day nonresident registration permit shall not bear the name or address of the person who purchased the vehicle in a position that is legible from outside of the vehicle.

D. A dealer or authorized third party who issues a special ninety day nonresident registration permit shall maintain a record, in a form prescribed by the director, of all special ninety day nonresident registration permits issued by the dealer or authorized third party and a record of other information pertaining to the issuance of special ninety day nonresident registration permits that the department of transportation or the department of revenue requires.

E. The dealer or authorized third party shall keep each record for at least three years after the date of entry of the record.

F. A dealer or authorized third party shall allow the director of the department of transportation or the director of the department of revenue full and free access to the records during regular business hours.

G. The electronic record is written notice of the removal of the vehicle from this state for use in the purchaser's state of residence and relieves the dealer or authorized third party of liability in accordance with the requirements of section 42-5009.

H. If a purchaser registers the vehicle in this state within three hundred sixty-five days after the issuance of the special ninety day nonresident registration permit, the purchaser is liable in an amount equal to any tax, penalty and interest that the motor vehicle dealer or authorized third party would have been required to pay under title 42, chapter 5 and under articles IV and VI of the model city tax code as defined in section 42-6051.  At the time of issuing the special ninety day nonresident registration permit, a motor vehicle dealer or authorized third party shall inform the purchaser in writing of the purchaser's liability described in this section. Subsequent registration or use of the vehicle in this state does not create a cause of action against a dealer or authorized third party that complies with section 28-2154, subsection A, this section and section 42-5009, subsection H.

I. The department of transportation and the department of revenue shall jointly develop and prescribe forms for the motor vehicle dealer, the authorized third party and the purchaser to complete for the proper administration and enforcement of this section.

J. Compliance with this section and section 28-2154 allows delivery of the vehicle to a nonresident purchaser in this state and retains the applicable deductions pursuant to section 42-5061, subsection A, paragraph 28 and subsection V.
A.R.S. § 28-8344 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8344
28-8344 Aviation fuel tax; rate; definition
Status: in_force

28-8344. Aviation fuel tax; rate; definition

A. In addition to all other taxes provided by law, each supplier shall pay to this state a tax of five cents for each gallon of aviation fuel as provided in chapter 16, article 1 of this title.

B. For the purposes of this section, "supplier" has the same meaning prescribed in section 28-5601.
A.R.S. § 28-1225 — Arizona Code / Title 28 / Chapter 3 / Article 22 / Section 1225
28-1225 Areas of operation; speed limits
Status: in_force

28-1225. Areas of operation; speed limits

A. Except as provided in subsection B of this section a personal delivery device may be operated either:

1. At speeds up to twelve miles per hour in a pedestrian area.

2. At speeds up to twenty miles per hour on the side or shoulder of a highway in an area that is not a pedestrian area.

B. A local authority may establish a maximum speed of less than twelve miles per hour for a personal delivery device in a pedestrian area if the local authority determines that a maximum speed of twelve miles per hour is unreasonable or unsafe for that area.  A maximum speed established under this subsection may not be less than seven miles per hour.
A.R.S. § 28-933 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 933
28-933 Reflector and lamp visibility
Status: in_force

28-933. Reflector and lamp visibility

A. A reflector on a vehicle referred to in section 28-929 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within five hundred feet to fifty feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and reflectors mounted on the rear shall reflect a red color to the rear.

B. Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred feet from the front and rear, respectively, of the vehicle.

C. Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred feet from the side of the vehicle on which mounted.
A.R.S. § 28-3228 — Arizona Code / Title 28 / Chapter 8 / Article 5 / Section 3228
28-3228 School bus drivers; student transportation requirements; rules; cancellation of certificate
Status: in_force

28-3228. School bus drivers; student transportation requirements; rules; cancellation of certificate

A. A person shall not operate a school bus that is designed for sixteen or more passengers and that transports school children unless the person possesses the appropriate license class for the size of school bus being operated that is issued by the department of transportation, a bus endorsement that is issued by the department of transportation and a school bus certificate that is issued by the department of public safety. A person shall not operate a vehicle described in section 15-925 to transport schoolchildren unless the person possesses the appropriate license class for the size of the vehicle being operated, a school bus driver certificate that is issued by the department of public safety and a valid fingerprint clearance card as required by subsection D of this section.

B. To be certified as a school bus driver for a vehicle that is designed for sixteen or more passengers, a person shall do both of the following:

1. Meet and maintain the minimum standards prescribed by this section and rules adopted by the department of public safety in consultation with the student transportation advisory council established by section 28-3053.

2. Complete an initial instructional course on school bus driver safety and training, including behind the wheel training.

C. The department of public safety in consultation with the student transportation advisory council established by section 28-3053 shall adopt rules that establish minimum standards for the certification of school bus drivers and drivers of other vehicles described in section 15-925. In cooperation with local school districts and charter schools, the department of public safety shall provide for school transportation safety and training courses. The standards established shall:

1. Include requirements concerning knowledge of operating a school bus or a vehicle described in section 15-925, pupil and motor vehicle safety, physical impairments that might affect the applicant's ability to safely operate a school bus or vehicle described in section 15-925 or that might endanger the health or safety of passengers, knowledge of first aid, establishment of school bus and other vehicle safety and training courses, a refresher course to be completed on at least a biennial basis and other matters as the department of public safety and the student transportation advisory council established by section 28-3053 prescribe for the protection of the public.

2. Require tests to detect the presence of alcohol or the use of a drug in violation of title 13, chapter 34 that may adversely affect the ability of the applicant to safely operate a school bus or vehicle described in section 15-925.

3. Authorize the performance of hearing tests with or without the use of a hearing aid as provided in 49 Code of Federal Regulations section 391.41.

4. Require the applicant to possess a commercial driver license issued by the department, except that:

(a) Notwithstanding subsection A of this section the applicant may possess a commercial driver license issued by another state if the applicant will be driving a school bus for a school district that is adjacent to that state.

(b) An applicant to drive a vehicle described in section 15-925 does not need to possess or obtain a commercial driver license. This subdivision applies only if a commercial driver license is not required by state or federal law to operate the vehicle based on the vehicle's gross vehicle weight rating or occupancy.

D. Each person who applies for a school bus driver certificate shall have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1 and shall submit an identity verified fingerprint card as described in section 15-106 that the department of public safety shall use to process the fingerprint clearance card as outlined in section 15-106.

E. A person who is issued a school bus driver certificate shall maintain a valid identity verified fingerprint clearance card for the duration of any school bus driver certification period.

F. The department of public safety shall suspend a school bus driver certificate if the fingerprint clearance card is invalid, suspended, canceled or revoked.

G. The department of public safety shall issue a school bus driver certificate to an applicant who meets the requirements of this section.  The certificate is valid if the applicant maintains the minimum standards established by this section.

H. The department of public safety may cancel the certificate if the person's license to drive is suspended, canceled, revoked or disqualified. The department of public safety shall cancel the certificate if the person fails to maintain the minimum standards established pursuant to this section. A person whose application for a certificate is refused or whose certificate is canceled for failure to meet or maintain the minimum standards may request and receive a hearing from the department of public safety.

I. The department of public safety shall enforce the rules adopted pursuant to this section.
A.R.S. § 28-1551 — Arizona Code / Title 28 / Chapter 5 / Article 3 / Section 1551
28-1551 Parties to a crime
Status: in_force

28-1551. Parties to a crime

A. A person who commits, attempts to commit, conspires to commit or aids or abets in the commission of an act declared in chapter 3 or 4 of this title or this chapter to be a crime, whether individually, in connection with one or more other persons or as a principal, agent or accessory, is guilty of the offense.

B. A person who falsely, fraudulently, forcibly or wilfully induces, causes, coerces, requires, permits or directs another person to violate any provision of chapter 3 or 4 of this title or this chapter is guilty of the offense.
A.R.S. § 28-708 — Arizona Code / Title 28 / Chapter 3 / Article 6 / Section 708
28-708 Racing on highways; aiding and abetting; violation; classification; exception; definitions
Status: in_force

28-708. Racing on highways; aiding and abetting; violation; classification; exception; definitions

A. A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.

B. A person who violates this section is guilty of a class 1 misdemeanor. If a person is convicted of a second or subsequent violation of this section within twenty-four months after a first conviction, the person is guilty of a class 6 felony and is not eligible for probation, pardon, suspension of sentence or release on any other basis until the person has served not less than ten days in jail or prison.

C. A person who knowingly aids or abets another person in the commission of a violation of this section is guilty of a class 2 misdemeanor, except that a second or subsequent violation within a period of twenty-four months is a class 1 misdemeanor.

D. A person who is convicted of a first violation of this section shall pay a fine of not less than $250 and may be ordered by the court to perform community restitution.

E. A person who is convicted of a subsequent violation of this section shall pay a fine of not less than $500 and may be ordered by the court to perform community restitution.

F. On pronouncement of a jail sentence under this section and in cases of extreme hardship, the court may provide in the sentence that if the defendant is employed or attending school and can continue employment or school the defendant may continue the employment or school for not more than twelve hours per day nor more than five days per week, and the defendant shall spend the remaining days or parts of days in jail until the sentence is served. The court may allow the defendant to be out of jail only long enough to complete the defendant's actual hours of employment or school.

G. If a person is convicted of violating this section, the judge may require the surrender to a police officer of any driver license of the person and immediately forward the abstract of conviction to the department.  On a first conviction, the judge may order the suspension of the driving privileges of the person for a period of not more than ninety days.  In the case of a first conviction and on receipt of the abstract of conviction and order of the court, the department shall suspend the driving privileges of the person for the period of time ordered by the judge.  In the case of a second or subsequent conviction for an offense committed within a period of twenty-four months and on receipt of the abstract of conviction, the department shall suspend the driving privileges of the person for one year.

H. The director may authorize in writing an organized and properly controlled event to use a highway or part of a highway even though it is prohibited by this section. The authorization shall specify the time of the event, the highway or part of a highway to be used and any special conditions the director may require for the particular event.

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

J. For the purposes of this section:

1. "Drag race" means either:

(a) The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other.

(b) The operation of one or more vehicles over a common selected course and from the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

2. "Racing" means the use of one or more vehicles in an attempt to outgain or outdistance another vehicle or prevent another vehicle from passing.
A.R.S. § 28-8473 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8473
28-8473 Airport zoning regulations; board of adjustment; powers; composition; proceedings
Status: in_force

28-8473. Airport zoning regulations; board of adjustment; powers; composition; proceedings

A. Airport zoning regulations adopted under this article shall provide for a board of adjustment that exercises the following powers:

1. Hear and decide appeals from an order, requirement, decision or determination made by the administrative agency in the enforcement of the airport zoning regulations as provided in section 28-8474.

2. Hear and decide special exceptions to the terms of the airport zoning regulations on which the board may be required to pass under the regulations.

3. Hear and decide specific variances under section 28-8471.

B. If a zoning board of appeals or adjustment exists, it may be appointed as the board of adjustment. If not, the board of adjustment consists of five members who are appointed for a term of three years by the authority adopting the regulations and who may be removed by the appointing authority for cause, on written charges and after a public hearing.

C. The concurring vote of a majority of the members of the board of adjustment is sufficient to:

1. Reverse an order, requirement, decision or determination of the administrative agency.

2. Decide in favor of the applicant on any matter on which it is required to act under the airport zoning regulations.

3. Make variations in the regulations.

D. The board shall:

1. Adopt regulations in accordance with provisions of the ordinance or resolution by which it is established.

2. Hold meetings at the call of the chairman and at other times as the board determines.

3. Have the chairman, or in the chairman's absence, the acting chairman, administer oaths and compel the attendance of witnesses.

4. Hold only public hearings.

5. Keep minutes of its proceedings showing the vote of each member on each question, or if a member is absent or fails to vote, indicating that fact.

6. Keep records of its examinations and other official actions as public records and file them in the office of the board.
A.R.S. § 28-3313 — Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3313
28-3313 Record update
Status: in_force

28-3313. Record update

A. Within ten days of the suspension, revocation, cancellation or disqualification of a commercial driver license for a period of sixty days or more, the department shall update its records to reflect the action and shall notify the commercial driver license information system of the action taken.

B. Within ten days of the suspension, revocation, cancellation or disqualification of a commercial driver license issued by another state or of a nondomiciled commercial driver license, the department shall notify the state licensing authority that issued the license of the action taken.
A.R.S. § 28-332 — Arizona Code / Title 28 / Chapter 2 / Article 2 / Section 332
28-332 Department of transportation jurisdiction; duties
Status: in_force

28-332. Department of transportation jurisdiction; duties

A. The exclusive control and jurisdiction over state highways, state routes, state-owned airports and all state-owned transportation systems or modes are vested in the department of transportation.

B. The department shall:

1. Register motor vehicles and aircraft, license drivers, collect revenues, enforce motor vehicle and aviation statutes and perform related functions.

2. Do multimodal state transportation planning, cooperate and coordinate transportation planning with local governments and establish an annually updated priority program of capital improvements for all transportation modes.

3. Design and construct transportation facilities in accordance with a priority plan and maintain and operate state highways, state-owned airports and state public transportation systems.

4. Investigate new transportation systems and cooperate with and advise local governments concerning the development and operation of public transit systems.

5. Have administrative jurisdiction of transportation safety programs and implement them in accordance with applicable law.

6. Except as provided in section 28-472, subsection F, operate a state motor vehicle fleet for all motor vehicles that are owned, leased or rented by this state.

C. In order to carry out the responsibilities enumerated in subsection B of this section, the department is organized into the following divisions:

1. Motor vehicle.

2. Transportation planning.

3. Highways.

4. Aeronautics.

5. Public transit.

6. Administrative services.

D. The director may do any of the following:

1. Establish divisions in addition to those prescribed in subsection C of this section.

2. Reorganize the department.

3. Consolidate the department.
A.R.S. § 28-985 — Arizona Code / Title 28 / Chapter 3 / Article 17 / Section 985
28-985 Interstate movement of household goods inspection; rules
Status: in_force

28-985. Interstate movement of household goods inspection; rules

The department of public safety is authorized to regulate interstate movement of household goods as outlined in 49 United States Code section 14710.  The department of public safety is authorized to adopt and implement rules in order to implement a regulatory program.
A.R.S. § 28-8341 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8341
28-8341 Maintenance aircraft; license tax rate; definition
Status: in_force

28-8341. Maintenance aircraft; license tax rate; definition

A. The annual license tax for a maintenance aircraft owned by a nonresident is $20 for each aircraft, unless an exemption is established pursuant to this article. The tax shall not be prorated.

B. To qualify for the tax under this section, the nonresident owner or representative of the owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of the registration cycle or within ninety days after the maintenance aircraft enters this state.

C. For the purposes of this section, "maintenance aircraft" means an aircraft that is not based in this state but that is present in this state solely for the purpose of maintenance, repair or servicing at a federal certified maintenance facility.
A.R.S. § 28-362 — Arizona Code / Title 28 / Chapter 2 / Article 3 / Section 362
28-362 Deputy director of the department
Status: in_force

28-362. Deputy director of the department

The director may appoint a deputy director of the department with the approval of the governor. The deputy director serves at the pleasure of the director. The deputy director is directly responsible for the duties delegated to the deputy director by the director.
A.R.S. § 28-1100 — Arizona Code / Title 28 / Chapter 3 / Article 18 / Section 1100
28-1100 Vehicles and loads; gross weight restrictions; exceptions
Status: in_force

28-1100. Vehicles and loads; gross weight restrictions; exceptions

A. Except as provided in subsection H of this section or section 28-1099, a person may operate a vehicle on all highways, including a toll facility as defined in section 28-7751, subject to the following maximum gross weights:

1. Twenty thousand pounds, including enforcement tolerances, on any one axle.

2. Thirty-four thousand pounds, including enforcement tolerances, on a tandem axle.

3. Eighty thousand pounds on a vehicle combination of five axles or more.

4. On a group of two or more consecutive axles, including any steering or castering axles, an overall gross weight, including enforcement tolerances, produced by application of the following formula in which W equals overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, L equals distance in feet between the extreme of any group of two or more consecutive axles to the nearest foot and N equals number of axles in any group under consideration, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is thirty-six feet or more if the overall gross weight does not exceed eighty thousand pounds, including all enforcement tolerances:

W = 500 (LN/(N-1) + 12N + 36)

B. For the purposes of subsection A of this section, "tandem axles" means two or more consecutive axles that are more than forty inches but not more than ninety-six inches apart.

C. This section does not apply to a vehicle and load that cannot be easily dismantled or divided and that have been issued a special permit pursuant to section 28-1103.

D. It is not a defense in a prosecution for a violation of this section that a vehicle or vehicle combination is registered for a declared gross weight as defined in section 28-5431 in excess of the amount allowed under this section. The department shall not make an allowance or refund for fees paid for the weight in excess of the amount allowed under this section.

E. A single vehicle or a single vehicle of a combination of vehicles shall not be equipped with more than three axles, including the front steering axle, unless the additional axles are steering axles or castering axles.  The limitation on the number of axles provided in this subsection does not apply to a vehicle operated with a permit issued pursuant to section 28-1103.

F. A vehicle or combination of vehicles equipped with one or more variable load axles shall have the pressure control preset and located outside of the cab so that the operator of the vehicle cannot vary the weight carried on the variable load axle or axles during transport of a load. The actuating control that raises or lowers the axle or axles may be located inside the cab for safety purposes. This actuating control must completely raise or completely lower the axle or axles when activated.

G. This section does not apply to a truck that meets all of the following requirements and for which a special permit has been issued pursuant to section 28-1103:

1. Is equipped with a conveyor bed.

2. Is used solely as a fiber and forage module mover.

3. Does not exceed forty-eight feet in length.

4. Is only operated each year from August 1 through January 30, unless the director extends the period of use.

H. The gross weight of a heavy-duty vehicle that is equipped with idle reduction technology and the gross weight imposed on the highway by the wheels of any one axle or axle group of the vehicle may exceed the weight limitation specified in subsection A of this section by not more than five hundred fifty pounds or the weight of the idle reduction technology, whichever is less.  This subsection only applies if the heavy-duty vehicle operator, on request, proves by written certification the weight of the idle reduction technology and, by demonstration or certification, that the idle reduction technology is fully functional at all times. For the purposes of this subsection, "heavy-duty vehicle" and "idle reduction technology" have the same meanings prescribed in 42 United States Code section 16104a.

I. The gross weight of a vehicle operated by an engine fueled primarily by natural gas, battery electric, or hydrogen and the gross weight imposed on the highway by the wheels of any one axle or axle group of the vehicle may exceed the weight limitation specified in subsection A of this section, but may not exceed eighty-two thousand pounds or an amount that is equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system or battery electric or hydrogen fuel cell electric fueling system and the weight of a comparable diesel tank and fueling system, whichever is less.
A.R.S. § 28-8536 — Arizona Code / Title 28 / Chapter 25 / Article 8 / Section 8536
28-8536 Bond proceeds; application
Status: in_force

28-8536. Bond proceeds; application

The joint powers airport authority may apply the proceeds from the sale of its bonds to further any of its lawful purposes, including to pay:

1. Costs and estimated costs of the issuance of the bonds.

2. Costs of feasibility studies.

3. Engineering, inspection, fiscal and legal expenses.

4. Costs of interest estimated to accrue on money borrowed or that will be borrowed as the board of directors may determine.

5. Reserve funds, including those for debt service and working capital.

6. Costs and fees related to credit enhancement.

7. Costs of the services of agents, consultants or experts retained or employed in planning, preparing, supervising, financing and completing the undertaking.
A.R.S. § 28-647 — Arizona Code / Title 28 / Chapter 3 / Article 3 / Section 647
28-647 Flashing signals
Status: in_force

28-647. Flashing signals

If an illuminated flashing red or yellow signal is used in a traffic sign or signal it requires obedience by vehicular traffic as follows:

1. Flashing red stop signal. If a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line if marked, or if none, then before entering the intersection, and the right to proceed is subject to the rules applicable after making a stop at a stop sign. On receipt of a record of judgment for a violation of this paragraph, the department shall order the person to attend and successfully complete traffic survival school educational sessions within sixty days after the department issues the order.  Notwithstanding section 28-3315, if the person fails to attend or successfully complete traffic survival school educational sessions, the department shall suspend the person's driving privilege pursuant to section 28-3306 until the person attends and successfully completes traffic survival school educational sessions. A person whose driving privilege is suspended pursuant to this paragraph may request a hearing.  If the person requests a hearing, the department shall conduct the hearing as prescribed in section 28-3306.  A law enforcement officer or a jurisdiction issuing a citation to a person who violates this paragraph shall provide written notice to the person that if eligible, the person may attend defensive driving school or, if not eligible or if the person chooses not to attend defensive driving school and is found responsible or enters a plea of responsible for a violation of this paragraph, the person must attend and successfully complete traffic survival school educational sessions.  The notice shall include a reference to red light violations and state that if the person is required to attend traffic survival school the person will receive notice from the motor vehicle division.

2. Flashing yellow caution signal. If a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.
A.R.S. § 28-447 — Arizona Code / Title 28 / Chapter 2 / Article 5 / Section 447
28-447 Public records
Status: in_force

28-447. Public records

A. An application for a license, permit, title or registration made to the department and a document required by law or by the department to accompany the application is a public record, except a medical report and a report voluntarily submitted by a physician or a registered nurse practitioner as defined in section 28-3005, except as provided by section 28-455 and except as otherwise provided by law.

B. If the department is required or authorized to revoke, suspend or cancel a driver license or to suspend vehicle registrations pursuant to chapter 9 of this title, it shall notify the holder by a written notice that includes a citation to the statute or rule under which the action is authorized or required. The department shall retain a copy of the notice. The copy of the notice shall contain a certification that the original notice was mailed and the date the notice was mailed. The copy of the notice is a public record. If the copy is addressed to a licensee at the address last shown on the department's records, as evidenced by the person's driver license application or subsequent notification pursuant to section 28-448 by the person of a different address, it is presumed, unless otherwise shown by clear and convincing evidence, that the person to whom the notice was addressed received the original notice.

C. The department may place notes, date stamps, identifying numbers or other information on an application, a record of conviction or any other record as is necessary to ensure the accuracy of the record and to expedite its handling. The information does not affect the validity of a record, except that the markings are not considered a part of the record for evidentiary purposes unless proven accurate by other records of the department or other competent evidence.
A.R.S. § 28-3514 — Arizona Code / Title 28 / Chapter 8 / Article 9 / Section 3514
28-3514 Hearings; notice of immobilization or storage; definition
Status: in_force

28-3514. Hearings; notice of immobilization or storage; definition

A. If a peace officer removes and either immobilizes or impounds a vehicle pursuant to section 28-3511, the immobilizing or impounding agency may provide the owner, the spouse of the owner and any other person providing indicia of ownership or other interest in the vehicle immediately before the immobilization or impoundment with the opportunity for an immobilization or poststorage hearing to determine the validity of the immobilization or storage or consider any mitigating circumstances relating to the immobilization or storage or release of the vehicle before the end of the immobilization or impoundment period.  If the immobilizing or impounding agency provides the opportunity for an immobilization or poststorage hearing, the immobilizing or impounding agency shall conduct the hearing in accordance with any of the following:

1. In the immobilizing or impounding agency's jurisdiction.

2. Telephonically.

3. Pursuant to procedures prescribed by the immobilizing or impounding agency to transfer the authority to conduct the immobilization or poststorage hearing to a law enforcement agency in the jurisdiction in which the owner, the spouse of the owner, the owner's agent or any person identified in the department's record as having an interest in the vehicle immediately before the immobilization or impoundment resides.

B. If the immobilizing or impounding agency does not provide an opportunity for an immobilization or poststorage hearing, a justice court shall conduct the immobilization or poststorage hearing. If an immobilization or poststorage hearing is conducted by a justice court, the immobilizing or impounding agency shall appear and show evidence. Immobilization or poststorage hearings conducted by a justice court shall be considered as civil filings for the purposes of judicial productivity credits.

C. Within three business days after immobilization or impoundment, excluding weekends and holidays, the immobilizing or impounding agency shall send a notice of storage by first class mail to each person, other than the owner, identified on the department's record as having an interest in the vehicle or who has provided the department with indicia of ownership or other interest in the vehicle that exists immediately before the immobilization or impoundment.  Service of notice of immobilization or storage is complete on mailing.  If within three business days after immobilization or impoundment, excluding weekends and holidays, the immobilizing or impounding agency fails to notify a person, other than the owner, identified on the department's record as having an interest in the vehicle immediately before the immobilization or impoundment, the immobilizing agency or the person in possession of the vehicle shall not charge any administrative fees or more than fifteen days' immobilization or impoundment when the person redeems the impounded vehicle or has the immobilization device removed from the vehicle.

D. Within three business days after immobilization or impoundment, excluding weekends and holidays, the immobilizing or impounding agency shall mail or personally deliver notice of immobilization or storage to the owner of the vehicle.

E. The notice of immobilization or storage shall include all of the following information:

1. A statement that the vehicle was immobilized or impounded.

2. The name, address and telephone number of the immobilizing or impounding agency providing the notice.

3. The name, address and telephone number of the immobilizing or impounding agency or justice court that will provide the immobilization or poststorage hearing.

4. The location of the place of storage and a description of the vehicle, including, if available, the manufacturer, model, license plate number and mileage of the vehicle.

5. A statement that in order to receive an immobilization or poststorage hearing the owner, the spouse of the owner, the owner's agent or the person identified in the department's record as having an interest in the vehicle immediately before the immobilization or impoundment, within ten days after the date on the notice, shall request an immobilization or poststorage hearing by contacting the immobilizing or impounding agency in person or in writing or by filing a request with the justice court if the impounding agency does not provide for a hearing and paying a fee equal to the fee established pursuant to section 22-281 for a small claims answer.

6. A statement that if the immobilizing or impounding agency does not provide the opportunity for an immobilization or poststorage hearing, the owner, the spouse of the owner, the owner's agent or any person identified in the department's record as having an interest in the vehicle or a person who has provided the department with indicia of ownership or other interest in the vehicle that exists immediately before the immobilization or impoundment may request that the immobilization or poststorage hearing be conducted by a justice court in the immobilizing or impounding agency's jurisdiction or the jurisdiction in which the owner, the spouse of the owner, the owner's agent or the person identified in the department's record as having an interest in the vehicle immediately before the immobilization or impoundment resides.

F. The immobilization or poststorage hearing shall be conducted by the immobilizing or impounding agency or justice court within five business days, excluding weekends and holidays, after receipt of the request.

G. Failure of the owner, the spouse of the owner or other person or the other person's agent to request an immobilization or poststorage hearing within ten days after the date on the notice prescribed in subsection E of this section or to attend a scheduled hearing satisfies the immobilization or poststorage hearing requirement.

H. The immobilizing or impounding agency employing the person who directed the immobilization or storage is responsible for the costs incurred for immobilization, towing and storage if it is determined in the immobilization or poststorage hearing that reasonable grounds for the immobilization or impoundment and storage are not established.

I. In compliance with the requirements of this section, the vehicle owner, the vehicle owner's spouse or another person who has an interest in the vehicle or who has provided the department with indicia of ownership or other interest in the vehicle that exists immediately before the immobilization or impoundment shall have an opportunity for a single poststorage hearing for the release of the vehicle by either the immobilizing or impounding agency or a justice court but not both.

J. For the purposes of this section, "indicia of ownership" includes a certificate of title, a manufacturer-issued certificate or a statement of origin or other similar document.
A.R.S. § 28-7762 — Arizona Code / Title 28 / Chapter 22 / Article 2 / Section 7762
28-7762 Vehicle registration penalties
Status: in_force

28-7762. Vehicle registration penalties

A. The director shall refuse to register a motor vehicle, trailer or semitrailer owned by or registered to a person who is subject to a final decision, order or judgment of liability for a toll evasion.

B. The department shall renew the registration and license plate of a motor vehicle, trailer or semitrailer refused pursuant to subsection A of this section only if the department is notified by each toll operator to whom payment is owing under a final decision, order or judgment that the full liability and any postaward collection and execution costs have been paid or the person submits evidence satisfactory to the director that the full liability and any postaward collection and execution costs have been paid.
A.R.S. § 28-2422.02 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2422.02
28-2422.02 Spaying and neutering of animals fund; applications; award of fund monies; report; definitions
Status: in_force

28-2422.02. Spaying and neutering of animals fund; applications; award of fund monies; report; definitions

A. The spaying and neutering of animals fund is established consisting of monies received pursuant to sections 28-2422 and 43-619. The companion animal spay and neuter committee shall administer the fund.  The first thirty-two thousand dollars received shall be reimbursed to the entity that paid the implementation fee to the department of transportation pursuant to section 28-2422. Excluding the initial thirty-two thousand dollar reimbursement, not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund.  Monies in the fund are continuously appropriated.

B. The companion animal spay and neuter committee shall allocate monies to a qualifying entity that allocates the monies to programs that seek to reduce pet overpopulation by sterilizing, at minimal or no cost, dogs and cats in this state, including those that are impounded and sterilized pursuant to section 11-1022. The companion animal spay and neuter committee shall annually distribute all monies deposited in the spaying and neutering of animals fund, excluding administrative fees, to any qualifying entities.  Monies awarded pursuant to this section shall not be used to sterilize animals that may be euthanized unless euthanasia becomes necessary due to illness, injury or behavior.

C. On notice from the companion animal spay and neuter committee, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

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

E. Before allocating monies pursuant to subsection B of this section:

1. The companion animal spay and neuter committee shall prepare and issue a request for donation application that includes at least the following information:

(a) A description of the project types that are eligible for funding, including the scope of the work to be performed by an awardee.

(b) Identification of the funding source and the total amount of available monies.

(c) Whether a single award or multiple awards may be made.

(d) Encouragement of collaboration by entities for community partnerships, if appropriate.

(e) Any additional information required by the applications.

(f) The criteria or factors under which an application will be evaluated for an award and the relative importance of each criterion or factor.

(g) The due date for submittal of an application and the anticipated time the awards may be made.

2. Adequate public notice of the request for donation application shall be given a reasonable time before the date set forth in the request for application. The notice may include publication one or more times in a newspaper of general circulation in this state a reasonable time before the application opening.

3. A preapplication conference may be conducted before the due date for the submittal of an application to explain the donation application requirements. Statements made at a preapplication conference are not amendments to a request for a donation application unless a written amendment is issued.

4. A donation application shall be publicly received at the time and place designated in the request for donation application. The name of each applicant shall be publicly read and recorded. All other information in the donation application is confidential during the process of evaluation. All applications shall be open for public inspection after donations are awarded. To the extent the applicant designates and the state concurs, trade secrets and other proprietary information contained in the application shall remain confidential.

5. An application shall be evaluated by at least four evaluators who are members of the companion animal spay and neuter committee. The evaluators may allow an applicant to make an oral or written presentation regarding the scope of work, terms and conditions of the donations, budget and other relevant matters set forth in the request for application. An applicant shall be accorded fair treatment with respect to any opportunity for oral or written presentations. The evaluators may require an applicant to revise the application to reflect information provided in an oral or written presentation. Any person who has information contained in the application of competing applicants shall not disclose that information.

6. The evaluators shall review each application based solely on the evaluation criteria or factors set forth in the request for donation application. Each evaluator shall maintain a written record of the evaluator's assessment of each application, which shall include comments regarding compliance with each evaluation criterion or factor, the citation of a specific criterion or factor as the basis of each stated strength or weakness and a clear differentiation between comments based on facts presented in the application and comments based on professional judgment.

7. The evaluators shall make award recommendations to the companion animal spay and neuter committee based on the evaluators' reviews of each application. The evaluators' recommendations may include the adjustment of the budgets of the applicants individually or collectively.

8. The companion animal spay and neuter committee may affirm, modify or reject the evaluators' recommendations in whole or in part. Modification of the evaluators' recommendations may include the adjustment of the budget on any proposed award individually or on all awards by an amount or percentage. If the companion animal spay and neuter committee modifies or rejects the recommendations, the committee shall document in writing the specific justifications for the action taken.

9. The companion animal spay and neuter committee may enter into agreements with other state governmental units to furnish assistance in conducting the solicitation of donation applications.

10. The companion animal spay and neuter committee may resolve protests of the award or proposed award of a donation. An appeal from a decision of the companion animal spay and neuter committee may be made to the director of the department of administration. A protest of an award or proposed award of a donation and any appeals shall be resolved in accordance with the rules of procedure adopted by the department of administration pursuant to section 41-2611.

F. On or before December 31 of each year, the companion animal spay and neuter committee shall submit a written report to the governor, the president of the senate and the speaker of the house of representatives on all expenditures made from the fund in that calendar year. The report shall include all administrative expenses, all grants of monies, the names of grantees and any remaining balance in the fund. The committee shall provide a copy of the report to the secretary of state.

G. The companion animal spay and neuter committee shall make available to the public a list of all grants awarded pursuant to this section.

H. For the purposes of this section:

1. "Donation" means furnishing financial or other assistance, including state monies or federal grant monies, by the companion animal spay and neuter committee to any qualifying entity that allocates the monies to programs that seek to reduce pet overpopulation by sterilizing, at minimal or no cost, dogs and cats in this state that are owned by the general public or that are impounded and sterilized pursuant to section 11-1022.

2. "Qualifying entity" means either of the following:

(a) An animal welfare organization that files under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that offers or subsidizes sterilization services of dogs and cats, including organizations represented on the companion animal spay and neuter committee.

(b) An animal control agency that offers or subsidizes sterilization services of dogs and cats, including organizations represented on the companion animal spay and neuter committee.
A.R.S. § 28-401 — Arizona Code / Title 28 / Chapter 2 / Article 4 / Section 401
28-401 Intergovernmental agreements
Status: in_force

28-401. Intergovernmental agreements

A. The department may contract under title 11, chapter 7, article 3 with a state public agency in this state or any other state if the general welfare of this state will be promoted and protected and if not in conflict with any other law.

B. The director shall enter into agreements on behalf of this state with political subdivisions or Indian tribes for the improvement or maintenance of state routes or for the joint improvement or maintenance of state routes.

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

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

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

3. Provide that payment for the costs of the bridge shall be made from contributions from the parties to the agreement and other contributors before the use of state transaction privilege tax distributions.

D. The department may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with a county with a population of more than two million persons for the design, reconstruction and improvement costs of a county highway approaching and traversing a bridge constructed pursuant to subsection C of this section.  The agreement shall:

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

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

3. Provide that payment for the costs shall be made from contributions from the parties to the agreement and other contributors before the use of state transaction privilege tax distributions.

4. Provide for reimbursement to the state general fund of the amount of highway improvement revenues paid to the highway improvement interest fund or redemption fund under section 28-7656, subsection B on the voluntary conveyance of a majority ownership interest in a sports entertainment facility as prescribed by section 42-5032, subsection B.

5. Contain the representation of the county that it has the legally binding assurance of the owner of a sports entertainment facility as defined in section 42-5032, subsection E, that the owner will reimburse the county for any and all expense the county may incur under subsection D, paragraph 4 of this section and section 42-5032, subsection B.

6. Be submitted to the joint legislative budget committee for its review before the execution of the agreement.

E. The department may enter into agreements with Indian tribes to provide a method or formula to refund taxes paid on exempt motor fuel purchases or use pursuant to this title.  For the purposes of this subsection, "motor fuel" has the same meaning prescribed in section 28-5601.

F. The department may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 that obligates the department to indemnify and defend a city, town, county, flood control district, irrigation district or agricultural improvement district or any other political subdivision or governmental agency against claims of liability for injuries, losses or damages incurred in any way as a result of the acts or omissions of the department, including acts, errors, omissions or mistakes of any person for which the department may be liable, and arising out of the construction, operation or maintenance of department projects or facilities or use of department projects or facilities. A city, town, county, flood control district, irrigation district or agricultural improvement district or any other political subdivision or governmental agency may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 that obligates such an entity to indemnify and defend the department against claims of liability for injuries, losses or damages incurred in any way as a result of the acts or omissions of such entity, including acts, errors, omissions or mistakes of any person for which the entity may be liable, and arising out of the construction, operation or maintenance of projects or facilities or use of projects or facilities. Any indemnification pursuant to an intergovernmental agreement must be approved by state risk management in the department of administration.
A.R.S. § 28-2448 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2448
28-2448 Arizona centennial special plates; fund
Status: in_force

28-2448. Arizona centennial special plates; fund

A. The department shall issue Arizona centennial special plates.  The department shall use thirty-two thousand dollars from the state highway fund, established by section 28-6991, to implement this section.  The office of tourism shall design the Arizona centennial special plates.  The design and color of the Arizona centennial special plates are subject to the approval of the department. The director of the department of transportation may allow a request for Arizona centennial special plates to be combined with a request for personalized special plates. If the director of the department of transportation allows such a combination, the request shall be in a form prescribed by the director of the department of transportation and is subject to the fees for the personalized special plates in addition to the fees required for the Arizona centennial special plates.

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

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

D. The Arizona centennial special plate fund is established consisting of monies deposited pursuant to this section.  The director shall administer the fund. The first thirty-two thousand dollars in the fund shall be reimbursed to the state highway fund established by section 28-6991. Not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund.  Monies in the fund are continuously appropriated.

E. The director shall annually allocate monies in the fund to the university of Arizona to pay costs related to the maintenance and operations of the mining, mineral and natural resources educational museum.

F. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-5732 — Arizona Code / Title 28 / Chapter 16 / Article 2 / Section 5732
28-5732 Report requirements
Status: in_force

28-5732. Report requirements

A. The reporting period for a person who is an interstate user is a calendar quarter. On or before the last day of the month after the close of the reporting period an interstate user shall file with the director a report stating the amount of use fuel used during the reporting period and other information the director requires. The report shall be in a form prescribed by the director and shall not be under oath but shall contain or be accompanied by a written declaration that it is made under penalties of perjury. An interstate user shall file a report with the director for each reporting period even though no use fuel is used during, or tax is due for, the reporting period.

B. In lieu of a surety bond, the director may allow the prepayment of taxes based on the preceding reporting period's liability accrued by the interstate user.

C. Failure to receive the authorized report forms does not relieve a person from the obligation of submitting a report to the director, but the person may make a written report to the director setting forth all information required on the prescribed form. On or before the due date, the person shall file such a report, and the remittance payable to the department for the amount of tax, penalty, interest or other fees due, and the director shall accept the report in lieu of a report in the prescribed form.
A.R.S. § 28-2006 — Arizona Code / Title 28 / Chapter 7 / Article 1 / Section 2006
28-2006 Contract to transfer duties and responsibilities
Status: in_force

28-2006. Contract to transfer duties and responsibilities

A. The director and a county board of supervisors may contract to provide for the transfer of the duties and responsibilities of the county assessor pursuant to this title to the department.

B. The agreement shall provide for the following:

1. The purchase and conveyance of real property presently used, subject to available monies.

2. The transfer and payment of personal property presently used.

3. The employment of persons presently employed by the county if the employees desire the transfer.

4. The effective date of the transfer.

5. The amount of monies in the county assessor's special registration fund established pursuant to section 28-2005 that will be transferred, if any.

C. On the agreement's effective date, the department assumes all of the powers, duties and responsibilities of the county assessor pursuant to this title.

D. The department of administration shall transfer into the state service on a noncompetitive basis a permanent county employee who is affected by the agreement authorized by this section and who desires to be transferred to state employment. If the employee has not successfully completed six months' related experience, the employee shall serve a ninety day probationary period in the state service.
A.R.S. § 28-4453 — Arizona Code / Title 28 / Chapter 10 / Article 5 / Section 4453
28-4453 Franchise; notice of intention
Status: in_force

28-4453. Franchise; notice of intention

A. If a franchisor seeks to enter into a franchise establishing an additional new motor vehicle dealership of the same line-make, the franchisor shall, and the franchisee may at any time, file with the director a notice of intention to enter into a franchise for additional representation of the same line-make.

B. If the franchisor intends to establish an additional new motor vehicle dealership, the director shall send notice within five days of receipt to all franchisees of the same line-make in the community and to all other franchises located within ten miles of the proposed dealership by the shortest street route, if located outside the community, who are then engaged in the business of offering to sell or selling the same line-make. In counties with a population of less than two hundred thousand persons, the notice additionally shall be sent to all dealers located within twenty miles of the proposed new franchise as determined by the shortest street route. The director shall address copies of notices to the principal place of business of the franchisees.

C. The relocation or the reopening of a dealership within two years of the closing within the area of responsibility assigned in the franchise is not considered an additional dealership for purposes of this chapter, provided that the location of the replacement dealership is within one mile of the previous location.

D. If a franchisor seeks to terminate, cancel or not renew a franchise, the franchisor shall notify the franchisee and the director in writing by certified mail or personal delivery. The notice shall contain all of the following:

1. A statement of the franchisor's intention to terminate, cancel or not renew the franchise.

2. A statement of the reasons for the termination, cancellation or nonrenewal.

3. The date on which the termination, cancellation or nonrenewal is effective.

E. This section does not apply to an intended termination, cancellation or nonrenewal of a franchise that the franchisee elects voluntarily, pursuant to a plan established by the franchisor, to submit to binding arbitration.
A.R.S. § 28-2266 — Arizona Code / Title 28 / Chapter 7 / Article 8 / Section 2266
28-2266 Registration requirements; fees; registration card
Status: in_force

28-2266. Registration requirements; fees; registration card

A. The department shall not register a motor vehicle pursuant to this article unless all the following are provided:

1. A United States department of transportation number.

2. A federal taxpayer identification number.

3. The name of the party responsible for ensuring that the vehicle meets the applicable federal and state motor carrier safety laws and regulations.

B. In addition to all other fees, a person applying or making a supplemental application for registration under this article shall pay a filing fee of seven dollars fifty cents for nine or fewer vehicles, fifteen dollars for ten through twenty-four vehicles or twenty-two dollars fifty cents for twenty-five or more vehicles.

C. On payment of the appropriate fees for the registration, the director shall register the vehicles described and identified in the application and may issue a distinctive sticker for each motor vehicle described in the application. The director shall charge a fee of three dollars for each registered vehicle and shall determine whether to issue a sticker.

D. For each registered vehicle the director shall issue a registration card that bears on its face the number of the license or distinctive sticker issued for the registered vehicle and the other information extracted from the application for registration as the director determines appropriate for identifying the vehicle. The card shall be carried in the vehicle at all times. If it is a combination of vehicles, the card shall be carried in the vehicle supplying the motive power.
A.R.S. § 28-5620 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5620
28-5620 Records and equipment inspections; hearings; use restrictions; violation; costs
Status: in_force

28-5620. Records and equipment inspections; hearings; use restrictions; violation; costs

A. The director or a deputy, employee or agent authorized by the director may examine during usual business hours records, books, papers, storage tanks and any other equipment of a person pertaining to motor fuel imported, received, sold, shipped, delivered or used to either:

1. Verify the truth and accuracy of a statement, report, return or claim.

2. Ascertain whether the tax imposed by this article or section 28-8344 has been paid.

3. Determine the financial responsibility of the supplier for the payment of the taxes imposed by this article or section 28-8344.

4. Determine the validity of a refund.

B. In the enforcement of this article, the director may hold hearings, take testimony of persons, issue subpoenas for the purpose of taking testimony, compel attendance of witnesses and conduct investigations the director deems necessary.

C. The director may prescribe forms for required reports or claims for refund or forms of record to be used by suppliers, distributors, restricted distributors, vendors or refund claimants.

D. Records required by this article may be maintained in this state. If the records are maintained outside this state and on request of the director, the records shall be made available at a location in this state designated by the director.  If the records are maintained outside this state and will not be made available at the location designated by the director, the director may require the person to whom a records request has been made to pay in advance costs reimbursable for subsistence and travel expenses for the director or an agent of the director to conduct the examination of the records.
A.R.S. § 28-5202 — Arizona Code / Title 28 / Chapter 14 / Article 1 / Section 5202
28-5202 Applicability
Status: in_force

28-5202. Applicability

A. Except as otherwise provided, this chapter applies to all commercial motor vehicles, commercial motor vehicle combinations and manufacturers, shippers, motor carriers and drivers who operate, cause the operation of, ship materials using or transport persons or property using commercial motor vehicles.

B. Commercial vehicles owned or operated by this state or a political subdivision or public authority of this state are subject to this chapter.

C. This chapter applies throughout this state for the purpose of enforcing state and federal laws and rules relating to the operation of commercial motor vehicles.

D. Any city, town, county or other political subdivision of this state shall not adopt or implement a law or rule relating to hazardous materials, hazardous substances or hazardous wastes other than as authorized by this chapter.
A.R.S. § 28-2453 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2453
28-2453 Arizona professional golf special plates; fund
Status: in_force

28-2453. Arizona professional golf special plates; fund

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

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

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

D. The Arizona professional golf special plate fund is established consisting of monies received pursuant to this section. The director shall administer the fund.  The first thirty-two thousand dollars in the fund shall be reimbursed to the person that provides the thirty-two thousand dollars pursuant to subsection A of this section.  Not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund.  Monies in the fund are continuously appropriated.

E. The director shall annually allocate monies from the Arizona professional golf special plate fund, excluding administrative fees, to a foundation that is an incorporated nonprofit corporation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that does all of the following:

1. Develops and operates youth golf programs in this state.

2. Teaches golf and operates golf specific programs to benefit individuals with intellectual and physical disabilities by promoting self-esteem and a sense of belonging.

3. Teaches programs that focus on the inherent values related to the game of golf, including sportsmanship, perseverance, honesty, integrity, respect, confidence, responsibility, courtesy and judgment.

4. Provides scholarships for youth based on community involvement and academic excellence.

5. Assists allied organizations for the benefit of teaching golf to youth.

F. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-4408 — Arizona Code / Title 28 / Chapter 10 / Article 4 / Section 4408
28-4408 Change in place of business
Status: in_force

28-4408. Change in place of business

Before a licensee moves from one established place of business to another, or from one place of business to another if the licensee is a broker or a wholesale motor vehicle dealer, the licensee shall apply to and obtain consent to the removal from the director.
A.R.S. § 28-8205 — Arizona Code / Title 28 / Chapter 25 / Article 1 / Section 8205
28-8205 Construction of new airports; definitions
Status: in_force

28-8205. Construction of new airports; definitions

A. A new airport shall not be constructed within the boundaries of an urbanized area or within twenty-four statute miles of the exterior boundary of an urbanized area without approval of the board.

B. The board shall approve construction of a new airport only if both:

1. The construction of the new airport is consistent with the state, regional and local aviation system plans.

2. The state, regional and local aviation plans consider relevant criteria, including airspace and air safety, land use compatibility and priority of funding.

C. This section does not apply to a heliport or to an addition to an existing airport.

D. For the purposes of this section:

1. "Airport" means an area of land or water that is designed, set aside and utilized or to be utilized for the landing and taking off of aircraft.

2. "Heliport" means an area of land, water or structure that is used or intended to be used for the landing and takeoff of rotorcraft. For the purposes of this paragraph, "rotorcraft" means a heavier than air aircraft that depends principally for its support in flight on the lift generated by one or more rotors.

3. "Urbanized area" means an urbanized area as defined in the most recent decennial census by the United States bureau of the census.
A.R.S. § 28-3310 — Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3310
28-3310 Improper use of license; peace officer affidavit; license suspension; hearing
Status: in_force

28-3310. Improper use of license; peace officer affidavit; license suspension; hearing

A. A peace officer who arrests a person for the commission of an offense for which, on conviction, suspension of any license or privilege to operate a motor vehicle is required by section 28-3309 shall file an affidavit with the department. The peace officer shall make the affidavit on a form furnished or in a manner prescribed by the department. The affidavit shall contain a form of certification that is prescribed by and subject to the penalty for perjury pursuant to section 28-1561. The affidavit shall include the name, date of birth, social security number and address of the person arrested, the number, if any, of the person's driver or nonoperating identification license, the nature of the offense, the date of the offense and the officer's reasonable grounds to believe the person committed the offense. The officer shall file the affidavit with the department within fifteen days after the date the offense was committed.

B. On the receipt of an affidavit that is in compliance with subsection A of this section, the department shall suspend any driver and identification license issued to the person, the privilege to obtain the licenses and the privilege to operate a motor vehicle on a highway of this state for not less than:

1. Six months for a first offense.

2. Twelve months for a second or subsequent offense.

C. Except as provided in subsection D of this section, the suspension pursuant to subsection B of this section is effective fifteen days after the department gives written notice by mail to the address provided to the department by the licensee or provided on the affidavit. The notice shall indicate the action taken pursuant to this section and shall state that the department will provide an opportunity for a hearing if the department receives a written request for a hearing from the person within fifteen days after the notice is sent.

D. On receipt of a written request, the department shall provide an opportunity for a hearing as early as practicable and within thirty days after the request. The department shall hold the hearing in the county where the person named in the affidavit resides, unless the law enforcement agency issuing the affidavit requests at the time of filing the affidavit that the hearing be held in the county where the offense occurred. The request stays the suspension by the department until a hearing is held.

E. At the hearing, the department or its duly authorized agent may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and require a reexamination of the person named in the affidavit. If at the hearing the department suspends the person's privilege to operate a motor vehicle, the suspension is effective fifteen days after the department gives written notice of the suspension, except as provided in section 28-3311.

F. If the suspension or determination of a denial of issuance is sustained after the hearing, the person whose driver license, nonoperating identification license or permit to drive or nonresident operating privilege is suspended or the person to whom a driver license, nonoperating identification license or permit is denied under this section may file a petition in the superior court to review the final order in the same manner as provided in section 28-3317.

G. If the suspension or determination of a denial of issuance is not sustained, the ruling is not admissible in and does not affect any civil or criminal court proceeding.
A.R.S. § 28-9614 — Arizona Code / Title 28 / Chapter 31 / Article 1 / Section 9614
28-9614 Public airports; shared vehicle transaction regulations
Status: in_force

28-9614. Public airports; shared vehicle transaction regulations

This chapter does not prohibit or restrict a public airport from implementing rules or licensing requirements or from assessing fees or charges that apply to shared vehicle transactions that either:

1. Are conducted at the public airport.

2. Use an off-airport shuttle service provider that contracts with the public airport in order to access the shared vehicle off of the public airport premises.
A.R.S. § 28-5647 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5647
28-5647 Dyed diesel; prohibited acts; joint and several liability
Status: in_force

28-5647. Dyed diesel; prohibited acts; joint and several liability

A. Except as provided in section 28-5649, a person shall not sell or hold for sale dyed diesel fuel for any use that the person knows or has reason to know is not a nontaxable use of the fuel.

B. A person shall not use or hold for use any dyed diesel fuel for a use other than a nontaxable use if the person knew or had reason to know that the fuel was so dyed.

C. A person shall not wilfully, with intent to evade tax, alter or attempt to alter the strength or composition of any dye or marker in any dyed diesel fuel.

D. A business entity and each officer, employee or agent of the entity who wilfully participates in any act in violation of this section are jointly and severally liable with the entity as follows:

1. For a penalty of one thousand dollars for each occurrence or ten dollars per gallon of dyed diesel involved, whichever is more.

2. For multiple offenses, the amount prescribed in paragraph 1 shall be multiplied by the number of occurrences.
A.R.S. § 28-4418 — Arizona Code / Title 28 / Chapter 10 / Article 4 / Section 4418
28-4418 Warranties and rebates in broker transactions
Status: in_force

28-4418. Warranties and rebates in broker transactions

A. A manufacturer or distributor shall not dishonor a warranty, rebate or other incentive offered to the public or a motor vehicle dealer in connection with the sale of a new motor vehicle to a retail consumer based solely on the fact that a broker arranged or negotiated the sale.

B. This section does not prohibit the disallowance of the warranty, rebate or incentive if the retail consumer or motor vehicle dealer is ineligible to receive the rebate or incentive pursuant to any other term or condition of a rebate or incentive program.
A.R.S. § 28-5612 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5612
28-5612 Refund procedure; violation
Status: in_force

28-5612. Refund procedure; violation

A. A person who is seeking a refund and who is not licensed as a supplier, interstate user, restricted distributor or use fuel vendor shall:

1. File an application with the director within six months after the date of sale.

2. Submit proof satisfactory to the director of the following:

(a) The purpose for which the fuel was used.

(b) The tax paid purchase.

3. Make an application in a form prescribed by the department that requests the following information:

(a) Name and address of the claimant.

(b) Period covered by the claim showing dates.

(c) Location of equipment, if applicable.

(d) Gallons on which a refund is claimed.

(e) Amount of the refund claimed.

(f) Other information required by the director.

B. The claim shall not be under oath but shall contain or be accompanied by a written declaration that it is made under penalties of perjury and, if it is for motor vehicle fuel, that it complies in all respects with section 28-5611 relating to refunds.

C. The original invoice or a duplicate that is satisfactory to the director and that includes the following information shall accompany the application:

1. The date of purchase.

2. The seller's name and address.

3. The number of gallons purchased.

4. The type of fuel purchased.

5. The price per gallon of the fuel.

6. Other information required by the director.

D. If a person files a claim for a refund pursuant to this section for motor fuel exported, the person shall make satisfactory proof of export to the director and file the claim within three months after the date of export in the form and containing the information required by the director.  The original invoice or an acceptable duplicate shall accompany the claim.

E. The director shall accept only one application for refund of motor fuel taxes for any one person within a six month period if the aggregate total of all motor fuel taxes paid and for which a refund is claimed does not equal at least ten dollars.

F. If a person who is exempt from use fuel taxes pursuant to section 28-5610 submits a claim for a refund pursuant to this section for use fuel taxes, the department shall not pay the refund until the department determines the difference between the amount of the refund and the amount of the use tax that is imposed under title 42, chapter 5, article 4 on the fuel exempt from use fuel taxes if owed by the person.  If the department determines that the amount of the refund is greater than the amount owed for the use tax, the department shall deposit the amount owed for the use tax pursuant to subsection M of this section and refund the amount of the difference to the person.  If the department determines that the amount of the refund is less than the amount owed for the use tax, the department shall forward any balance due information to the department of revenue for collection.

G. Except as provided in subsection F of this section, if the director does not issue a refund within sixty days after a complete application for refund is filed as prescribed in this article, the director shall pay interest at the rate of eleven per cent per year from the date the complete application for refund is filed until the date on which the refund is made.

H. If the director denies a refund, the director shall notify the claimant that the refund is denied.  The director's denial is final unless the applicant makes a written request for a hearing as prescribed in section 28-5924.

I. It is unlawful for a person to knowingly operate a motor vehicle on the highways or a watercraft on the waterways using motor vehicle fuel or use fuel that has been sold to a person making a claim pursuant to this section.

J. In addition to other penalties prescribed by law, the director shall not give a person who violates this section a refund on motor fuel purchased during the six months succeeding the date the director advises the person by mail of the director's discovery of the violation.

K. A person whose right to a refund is suspended may bring an action in superior court in Maricopa County to set aside the suspension.

L. The director may recover excess refunds from the person to whom the refund was made. The director shall assess the claimant the amount of the excess refund and interest. The director shall compute interest at one per cent per month of the amount of excess refund due beginning on the date of refund and until the date the assessment is paid.

M. The department of transportation shall deposit, pursuant to sections 35-146 and 35-147, use tax revenues collected pursuant to subsection F of this section in the state general fund by the end of each month and notify the department of revenue of the amount of use tax collected each month.
A.R.S. § 28-2094 — Arizona Code / Title 28 / Chapter 7 / Article 3 / Section 2094
28-2094 Dismantling motor vehicle; application fee; certificate of title; exemption
Status: in_force

28-2094. Dismantling motor vehicle; application fee; certificate of title; exemption

A. An owner who sells a motor vehicle, trailer or semitrailer as scrap or for dismantling or destroying shall assign the certificate of title or title transfer form of the vehicle to the purchaser. The purchaser shall deliver the following to the department:

1. An application for a dismantle certificate of title to scrap, dismantle or destroy the vehicle.

2. The certificate of title or title transfer form of the vehicle purchased.

3. The registration card of the vehicle.

4. The license plate of the vehicle, if any.

5. A fee of four dollars.

B. An owner who intends or desires to dismantle a vehicle shall first forward all of the following to the department:

1. An application for a dismantle certificate of title to dismantle or wreck the vehicle.

2. The certificate of title or title transfer form of the vehicle.

3. The registration card of the vehicle.

4. The license plate of the vehicle, if any.

5. A fee of four dollars.

C. If the registration card or license plate is lost or destroyed, the applicant shall state in a form prescribed by the department under penalty of perjury the circumstances of the loss or destruction. On receipt of the documents and fee required by this section, the department shall issue a dismantle certificate of title to the applicant to dismantle or destroy the vehicle. The dismantle certificate of title or title transfer form authorizes the person to transport or possess the vehicle or to transfer ownership by endorsement on the dismantle certificate of title or title transfer form. The department shall not issue a certificate of title for the vehicle if it is dismantled or destroyed.

D. A licensed automotive recycler who files with the application for a dismantle certificate of title under this section an Arizona certificate of title indicating that the vehicle is free of all liens or a valid release of any liens shown on the certificate of title may begin dismantling the vehicle five days after mailing or three days after delivery of the required documents and fee to the department unless notified by the department of the claim of lien or interest in the vehicle by some other person. If the department sends this notice, the licensed automotive recycler shall cease dismantling or sale of the vehicle and any of its parts until the rights of the other person are determined.

E. A licensed automotive recycler may dismantle a vehicle without obtaining a dismantle certificate of title in the licensed automotive recycler's name if the vehicle has previously been issued a dismantle certificate of title, a salvage certificate of title or a nonrepairable vehicle certificate of title. The dismantle certificate of title, salvage certificate of title or nonrepairable vehicle certificate of title must be the current title of record. An automotive recycler shall file a written request to dismantle the vehicle in a form prescribed by the department. The automotive recycler may begin dismantling the vehicle after mailing or delivering the request.  If the department notifies the automotive recycler of a claim of lien or interest in the vehicle by some other person, the automotive recycler shall cease dismantling or sale of the vehicle and any of its parts until the rights of the other person are determined.

F. An owner may dismantle a vehicle without obtaining a dismantle certificate of title if a nonrepairable vehicle certificate of title has been issued for the vehicle.

G. The director may adopt rules to implement this section.

H. This section does not apply to the removal of a part for the purpose of replacement.
A.R.S. § 28-7617 — Arizona Code / Title 28 / Chapter 21 / Article 3 / Section 7617
28-7617 Nature of grant anticipation notes; limited obligation
Status: in_force

28-7617. Nature of grant anticipation notes; limited obligation

A. Grant anticipation notes issued under this article are not general obligations of the department, any public officer or employee of the department or this state.

B. The notes are limited obligations payable solely from grant revenues received by the director and, if provided by the board at the time of authorizing the issuance of the grant anticipation notes, other monies lawfully available for application to that purpose and pledged to the payment of the principal, premium, if any, and interest on the notes.

C. A holder of a grant anticipation note may not compel the payment of grant revenues to the director.
A.R.S. § 28-911 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 911
28-911 Electric personal assistive mobility devices
Status: in_force

28-911. Electric personal assistive mobility devices

A person who is under sixteen years of age shall not operate an electric personal assistive mobility device.
A.R.S. § 28-5624 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5624
28-5624 Transportation of fuel by motor vehicle; documentation; violation; penalties
Status: in_force

28-5624. Transportation of fuel by motor vehicle; documentation; violation; penalties

A. An operator of a motor vehicle transporting motor fuel on a highway in this state shall carry documentation to accompany the shipment at all times while the shipment is being transported on the highways in this state.  The director may inspect the documentation at any time.

B. The documentation shall include:

1. The date of shipment of the fuel.

2. The quantity and particular description of the fuel.

3. The names of the consignor and consignee.

4. The destination state of the fuel shipment.

5. Other information as the director requires.

C. An operator of a motor vehicle transporting motor fuel in this state who fails to carry documentation at the time and in the manner required pursuant to subsection A of this section shall pay to the director a penalty of one hundred dollars for each shipment not accompanied by the required documentation in addition to payment of the tax required by section 28-5606 or the tax prescribed in section 28-8344.  An operator of a motor vehicle transporting motor fuel may apply for abatement of the penalty pursuant to section 28-5934.