A.R.S. § 28-4413 — Arizona Code / Title 28 / Chapter 10 / Article 4 / Section 4413
28-4413 Prohibiting ownership, operation or control of a warranty service facility; exception; objections
Status: in_force

28-4413. Prohibiting ownership, operation or control of a warranty service facility; exception; objections

A. A manufacturer, factory branch, distributor or distributor branch or a subsidiary of a manufacturer, factory branch, distributor or distributor branch shall not directly or indirectly own, operate or control, except on an emergency or interim basis, a new motor vehicle warranty service facility that is located in this state and that is not part of a franchise dealership.

B. Subsection A does not apply in a community or county in which a dealer is not available to perform required warranty repairs or if an existing dealer is unable or unwilling to perform the warranty repairs required by the manufacturer. If subsection A does not apply pursuant to this subsection, a dealer may object to a manufacturer, factory branch, distributor or distributor branch or a subsidiary of a manufacturer, factory branch, distributor or distributor branch directly or indirectly owning, operating or controlling a new motor vehicle warranty service facility as provided in article 5 of this chapter.
A.R.S. § 28-3225 — Arizona Code / Title 28 / Chapter 8 / Article 5 / Section 3225
28-3225 Commercial learner's permit
Status: in_force

28-3225. Commercial learner's permit

A. A person who is at least eighteen years of age may apply to the department for a learner's permit for a class A, B or C license. The department may issue a learner's permit to the applicant after the applicant passes all parts of the examination and meets all other requirements for a class A, B or C license other than the driving test.

B. The permit entitles the permittee to drive a motor vehicle requiring a class A, B or C license on the public highways for twelve months after the date of issuance when the following conditions are met:

1. The permittee has the permit in the permittee's immediate possession.

2. The permittee is accompanied by a person who has the same class or a higher class of license issued by this state or any other qualifying state and who occupies a seat beside the driver.

3. If the permittee is under twenty-one years of age, the permittee does not operate a commercial motor vehicle interstate.
A.R.S. § 28-6713 — Arizona Code / Title 28 / Chapter 19 / Article 1 / Section 6713
28-6713 Bids for construction, reconstruction, equipment or supplies; procedure; bond; exceptions
Status: in_force

28-6713. Bids for construction, reconstruction, equipment or supplies; procedure; bond; exceptions

A. Except as provided in subsection G of this section, in a county with a population of two hundred fifty thousand persons or more as determined by the most recent United States decennial census or the most recent special census as provided in section 28-6532, bids for all items of construction or reconstruction involving an expenditure equal to or greater than the amount determined pursuant to subsection B of this section, all purchases or other acquisition of equipment involving an expenditure of more than five thousand dollars and all purchases of supplies and materials involving an expenditure of two thousand five hundred dollars or more shall be called for by advertising in a newspaper of general circulation in the county for two consecutive publications if it is a weekly newspaper, or for two publications of at least six but not more than ten days apart if it is a daily newspaper. The advertisement shall state specifically the character of the work to be done and the kind and quality of materials or supplies to be furnished.

B. Bids shall be called pursuant to subsection A of this section for all items of construction or reconstruction involving an expenditure of:

1. In fiscal year 1985-1986, thirty-five thousand dollars.

2. In fiscal year 1986-1987 and each fiscal year thereafter, the amount provided in paragraph 1 of this subsection adjusted by the annual percentage change in the GDP price deflator as defined in section 41-563.

C. If the board of supervisors receives a satisfactory bid, it shall contract with the lowest responsible bidder after the contractor or supplier gives any bond required by title 34, chapter 2, article 2, except that in counties with a population of more than one million persons according to the most recent United States decennial census, in determining the lowest responsible bidder under this section, the board may consider, for no more than five projects, the time of completion proposed by the bidder, the value over time of completed services and facilities and the value over time of interrupted services, if the board determines that this procedure will serve the public interest by providing a substantial fiscal benefit or that the use of the traditional awarding of contracts is not practicable for meeting desired construction standards or delivery schedules and if the formula for considering the time of completion is specifically stated in the bidding information.  The board may reject any or all bids and readvertise.

D. The board of supervisors, a member of the board of supervisors or any other official or agent of a county affected by this section shall not segregate or divide into separate units a contiguous or continuous portion of highway construction or reconstruction or divide into separate portions an item of equipment or generally recognized unit of supplies or material to avoid the restrictions imposed by subsection A of this section.

E. The board of supervisors, a member of the board of supervisors or any other official or agent of a county affected by this section shall make every effort to combine the following:

1. Separate portions of highway construction or reconstruction projects.

2. Items of equipment, supplies and materials.

F. After a contract has been awarded, the board of supervisors' authorized representative may authorize change orders to the contract if necessary pursuant to guidelines set by the board of supervisors. This authority does not permit the board of supervisors' authorized representative to act independently to award new contracts.

G. A building, structure, addition or alteration may be constructed without complying with the bidding requirements of this section if the construction, including construction of buildings or structures on public or private property, is required as a condition of development of private property and is authorized by section 9-463.01 or 11-822. For the purposes of this subsection, building does not include any police, fire, school, library or other public building.

H. Subsections A, B and C of this section do not apply to procurement of construction-manager-at-risk, design-build and job-order-contracting construction services pursuant to title 34, chapter 6.
A.R.S. § 28-4552 — Arizona Code / Title 28 / Chapter 10 / Article 7 / Section 4552
28-4552 Dealer records; temporary registration plates
Status: in_force

28-4552. Dealer records; temporary registration plates

A. A dealer to whom temporary registration plates are issued shall maintain in permanent form a record of all temporary registration plates delivered to the dealer, a record of all temporary registration plates issued by the dealer and a record of other information pertaining to the receipt or issuance of temporary registration plates that the department requires.

B. The dealer shall keep each record for at least three years from the date of entry of the record.

C. A dealer shall allow the director full and free access to the records during regular business hours.
A.R.S. § 28-3482 — Arizona Code / Title 28 / Chapter 8 / Article 8 / Section 3482
28-3482 Driving on a license suspended for failure to appear; restricted privilege to drive; civil penalty; dismissal
Status: in_force

28-3482. Driving on a license suspended for failure to appear; restricted privilege to drive; civil penalty; dismissal

A. A person may not drive a motor vehicle on a public highway if the person's privilege to drive a motor vehicle is suspended pursuant to section 28-3308.

B. A person who violates this section is responsible for a civil traffic violation and is not subject to vehicle removal or impoundment pursuant to section 28-3511.

C. If a person is cited for a violation of this section and the person presents evidence to the court that the person's unrestricted privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended license.
A.R.S. § 28-2161 — Arizona Code / Title 28 / Chapter 7 / Article 5 / Section 2161
28-2161 Nonpayment of fees, taxes and assessments; consequences
Status: in_force

28-2161. Nonpayment of fees, taxes and assessments; consequences

A. Subject to section 28-5807, the director shall:

1. Refuse to register a motor vehicle, trailer or semitrailer owned by or under the control of a person who has failed, refused or neglected to pay any motor vehicle fee, tax or other assessment, or a penalty on the fee, tax or assessment, that is due the department or for its account. The department shall not renew a registration that is refused until the registration fees and the full amount of the delinquent fees, taxes or other assessments and penalties are paid.

2. Revoke the registration of a motor vehicle, trailer or semitrailer owned by or under the control of a person who has been delinquent for at least forty-five days in the payment of any motor vehicle fee, tax or other assessment due the department or for its account.

B. The department shall renew the registration of a motor vehicle, trailer or semitrailer revoked pursuant to subsection A of this section for the owner who failed, refused or neglected to pay any motor vehicle fee, tax or other assessment, or a penalty on the fee, tax or assessment, only on payment of the fees prescribed for registration and the full amount of the delinquent fees, taxes or other assessments and penalties.
A.R.S. § 28-2098 — Arizona Code / Title 28 / Chapter 7 / Article 3 / Section 2098
28-2098 Vehicle sales; no certificate of title; violation; classification; penalties
Status: in_force

28-2098. Vehicle sales; no certificate of title; violation; classification; penalties

A. Notwithstanding any other law, a registered scrap metal dealer or a licensed automotive recycler may purchase a vehicle without obtaining a certificate of title if the scrap metal dealer or automotive recycler complies with subsection B of this section, the transactional value of the vehicle does not exceed $1,200, the vehicle is at least twelve model years old and the owner does not have the paper certificate of title to the vehicle for any of the following reasons:

1. The owner or the owner's authorized agent has not obtained a title in the owner's or agent's name for the vehicle.

2. The owner has lost the paper certificate of title for the vehicle.

3. The owner has returned the title to the department. If this paragraph applies, a vehicle may be transferred to only a scrap metal dealer or an automotive recycler.

B. For purchases under this section, the registered scrap metal dealer or licensed automotive recycler shall do all of the following:

1. Take a picture at the time of the transaction of all of the following:

(a) The owner.

(b) The vehicle.

(c) The vehicle's vehicle identification number or federal identification sticker.

2. Pay for the vehicle with a check and not with cash.

3. Obtain a statement that contains all of the information required by subsection C of this section, that is signed by the owner and that affirms the conditions prescribed in subsection A of this section.

C. When the department is able to accept an electronic form, the statement prescribed by subsection B of this section shall be submitted electronically in a form that is prescribed by the department and shall contain all of the following:

1. A statement that the vehicle will not be titled again and will be dismantled or scrapped.

2. A description of the vehicle, including the year, make, model and vehicle identification number.

3. The owner's name and address and the number from the owner's driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.

4. A certification that the owner either:

(a) Never obtained a title to the vehicle in the owner's name.

(b) Was issued a title for the vehicle and the title was lost or stolen.

(c) Has returned the title to the department.

5. A certification that the vehicle is both of the following:

(a) At least twelve model years old.

(b) Not subject to a security interest or lien.

6. An acknowledgment that the owner and the scrap metal dealer or automotive recycler understand that the statement required by this subsection will be filed with the department and that it is a class 1 misdemeanor to knowingly falsify any information on the statement.

7. The owner's signature and the date of the transaction.

8. The name and address of the business acquiring the vehicle.

9. The national motor vehicle title information system identification number.

10. A business agent's signature and date, including the agent's printed name and title if the agent is signing on behalf of a corporation.

D. A registered scrap metal dealer or licensed automotive recycler that purchases a vehicle under this section:

1. Shall maintain a photocopy or electronic scan of the owner's driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.

2. May maintain a copy of the  owner's photo identification and reference that photo identification without making a separate photocopy for each transaction for subsequent purchases.

3. Shall hold the vehicle at least three business days after the date that the registered scrap metal dealer or licensed automotive recycler reports the purchase pursuant to subsection I of this section before the registered scrap metal dealer or licensed automotive recycler may crush, dismantle or shred the vehicle.

E. The department may develop an electronic system for a registered scrap metal dealer or a licensed automotive recycler to verify at the time of a transaction that a motor vehicle offered for sale has not been reported stolen.

F. Before purchasing a motor vehicle under this section, a registered scrap metal dealer or a licensed automotive recycler shall verify that the motor vehicle offered for sale has not been reported stolen.  In addition to submitting information to the department pursuant to this section and the national motor vehicle title information system as required by 28 Code of Federal Regulations part 25, subpart B, after the department develops an electronic verification system pursuant to this section, a registered scrap metal dealer or a licensed automotive recycler shall verify that a vehicle is not stolen by using the electronic verification system before purchasing a vehicle without a certificate of title. If the electronic verification system indicates that the vehicle is stolen, the registered scrap metal dealer or licensed automotive recycler may not purchase the vehicle and shall report the findings to a law enforcement agency. A registered scrap metal dealer or a licensed automotive recycler is not required to apprehend a person that attempts to sell a motor vehicle that was reported stolen.

G. A registered scrap metal dealer or a licensed automotive recycler must use a department vehicle lien or encumbrance database that is in place on February 1, 2018 or a comparable database to check for liens or encumbrances on vehicles purchased under this section if the database substantially complies with section 28-2134 which requires the release of a satisfied lien.

H. A person who knowingly gives false, fraudulent or erroneous information in connection with the signed statement prescribed in subsection B of this section, who falsely certifies the truthfulness and accuracy of information supplied in connection with the statement or who knowingly sells a vehicle that is subject to an unsatisfied lien is guilty of a class 1 misdemeanor and shall pay a fine of $2,500.

I. Within forty-eight hours after the close of business each day, a registered scrap metal dealer or licensed automotive recycler that purchases or receives vehicles for scrap or for parts shall report to the national motor vehicle title information system a list of each vehicle purchased that day for scrap or for parts.  The list shall contain all of the following:

1. The name, address and contact information for the reporting entity.

2. The vehicle identification number.

3. The date that the vehicle was obtained.

4. The name of the person from whom the vehicle was obtained.

5. Whether the vehicle was or will be crushed, disposed of or offered for sale or other purposes.

6. Whether the vehicle will be exported out of the United States.

7. The national motor vehicle title information system identification number of the business acquiring the vehicle.

J. Each reporting entity shall retain all statements and records required under subsection B of this section for a period of two years. A registered scrap metal dealer and a licensed automotive recycler shall print a form or maintain an electronic record to show that the registered scrap metal dealer or licensed automotive recycler completed a search on the department's electronic system to verify that a vehicle that the registered scrap metal dealer or licensed automotive recycler purchases pursuant to this section is not stolen. The form must contain the vehicle's vehicle identification number and the date on which the search was conducted.  The registered scrap metal dealer and licensed automotive recycler must electronically retain the form or electronic record for at least five years. The department must retain records of searches on the department's electronic system pursuant to this section as specified in its record retention schedule.

K. A person who engages in the activities of a scrap metal dealer or an automotive recycler, whether or not registered or licensed as such, and who knowingly and wilfully fails to deliver a vehicle title pursuant to section 28-2094 or the statement required under subsection B of this section to the department or to report vehicle information described in subsection I of this section to the national motor vehicle title information system within forty-eight hours after the completion of a transaction is in violation of this section and is subject to a civil penalty of up to $1,000 per violation. A local or state law enforcement agency, a county attorney or the attorney general may bring an action in any court of competent jurisdiction to enforce this section.  Any civil penalties assessed shall be deposited as follows:

1. Fifty percent shall be deposited, pursuant to sections 35-146 and 35-147, in the state highway fund established by section 28-6991.

2. Fifty percent shall be deposited, pursuant to sections 35-146 and 35-147, in the automobile theft authority fund established by section 41-3451.

L. The seller of material from scrap vehicles shall certify to the purchaser that all scrap vehicles used for the material in the sale have been properly reported to the department or the national motor vehicle title information system.

M. Notwithstanding any other law, only this title governs the purchase by a scrap metal dealer of a vehicle solely for the purpose of processing the vehicle into a scrap vehicle or into prepared grades of scrap metal as defined in section 44-1641.
A.R.S. § 28-7144 — Arizona Code / Title 28 / Chapter 20 / Article 7 / Section 7144
28-7144 Replacement dwelling; additional payment
Status: in_force

28-7144. Replacement dwelling; additional payment

A. In addition to other payments authorized by this article, the displacing agency shall pay not more than thirty-one thousand dollars to a displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for at least ninety days before the initiation of negotiations for the acquisition of the property. This additional payment shall include the following elements:

1. The amount, if any, that when added to the acquisition cost of the dwelling acquired by the displacing agency equals the reasonable cost of a comparable replacement dwelling.

2. The amount, if any, that will compensate the displaced person for any increased interest costs and other debt service costs that the person is required to pay for financing the acquisition of any comparable replacement dwelling, only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage that was a valid lien on the dwelling for at least ninety days immediately before the initiation of negotiations for the acquisition of the dwelling.

3. Reasonable expenses incurred by the displaced person for evidence of title, recording fees and other closing costs incidental to the purchase of the replacement dwelling except prepaid expenses.

B. The displacing agency shall make the additional payment authorized by this section only to a displaced person who purchases and occupies a decent, safe and sanitary replacement dwelling within one year after the date on which the person receives final payment from the displacing agency for the acquired dwelling or the date on which the obligation of the displacing agency under section 28-7152 is met, whichever is later, except that the displacing agency may extend this period for good cause. If the period is extended, the payment under this section is based on the costs of relocating the person to a comparable replacement dwelling within one year of that date.
A.R.S. § 28-4538 — Arizona Code / Title 28 / Chapter 10 / Article 7 / Section 4538
28-4538 Suspension of dealer and manufacturer license plates
Status: in_force

28-4538. Suspension of dealer and manufacturer license plates

A. The department shall suspend the use of any or all of the dealer license plates issued to a dealer for not more than three months if a dealer violates section 28-4532, 28-4533, 28-4534, 28-4535 or 28-4536.

B. If the director finds that a manufacturer or licensed dealer displays a manufacturer or dealer license plate that is provided pursuant to section 28-4533, 28-4540 or 28-4544 on a work or service vehicle, a vehicle used for private use or a vehicle for hire, the director may suspend the right of the dealer or manufacturer to use the plate.

C. A manufacturer or licensed dealer who receives a notice of suspension pursuant to subsection B of this section may submit a written request for a hearing to the director. The manufacturer or licensed dealer shall submit the request for a hearing within thirty days after the manufacturer or licensed dealer receives the notice of suspension.
A.R.S. § 28-5108 — Arizona Code / Title 28 / Chapter 13 / Article 1 / Section 5108
28-5108 Cancellation or suspension of authorization or certification; hearing; appeal
Status: in_force

28-5108. Cancellation or suspension of authorization or certification; hearing; appeal

A. The director may suspend or cancel an authorization or certification, or both, granted pursuant to this article if the director determines that the third party or certificate holder has done any of the following:

1. Made a material misrepresentation or misstatement in the application for authorization or certification.

2. Violated a law of this state.

3. Violated a rule or policy adopted by the department.

4. Failed to keep and maintain records required by this article.

5. Allowed an unauthorized person to engage in any business pursuant to this article.

6. Been involved in any activity that the director determines to be inappropriate in relation to the authority granted.

B. The director may suspend or cancel an authorization or certification, or both, granted pursuant to this chapter if the director determines that an individual included in the application for authorization or certification:

1. Made a misrepresentation, omission or misstatement in the application to conceal a matter that may cause the application to be denied.

2. Has been convicted of fraud or an auto related felony in a state, territory or possession of the United States or a foreign country within the ten years immediately preceding the date a criminal records check is complete.

3. Has been convicted of a felony, other than a felony described in paragraph 2 of this subsection, in a state, territory or possession of the United States or a foreign country within the five years immediately preceding the date a criminal records check is complete.

C. The director shall suspend or cancel an authorization of a third party granted pursuant to this article if the director determines that the third party failed to maintain the bond required pursuant to section 28-5104.

D. If the director has reasonable grounds to believe that a certificate holder or other person employed by an authorized third party has committed a serious violation, the director may order a summary suspension of the third party's authorization granted pursuant to this chapter pending formal suspension or cancellation proceedings.  For the purposes of this subsection, "serious violation" means:

1. Title or registration fraud.

2. Driver license or identification license fraud.

3. Improper disclosure of personal information as defined in section 28-440.

4. Bribery.

5. Theft.

E. On determining that grounds for suspension or cancellation of an authorization or certification, or both, exist, the director shall give written notice to the third party or certificate holder to appear at a hearing before the director to show cause why the authorization or certification should not be suspended or canceled.

F. After consideration of the evidence presented at the hearing, the director shall serve notice of the director's finding and order to the third party or certificate holder.

G. If a third party authorization or a certification is suspended or canceled, the third party or certificate holder may appeal the decision pursuant to title 12, chapter 7, article 6.
A.R.S. § 28-2008 — Arizona Code / Title 28 / Chapter 7 / Article 1 / Section 2008
28-2008 Duplicate certificate of title, permit, registration card or license plates
Status: in_force

28-2008. Duplicate certificate of title, permit, registration card or license plates

A. If a permit, registration card or license plate is lost or mutilated or becomes illegible, the person entitled to the permit, card or plate shall immediately apply for and obtain a duplicate or substitute permit, card or plate by furnishing information satisfactory to the department.

B. If a paper certificate of title is lost or mutilated or becomes illegible, the person entitled to the certificate of title may apply for a duplicate or substitute certificate of title by furnishing information satisfactory to the department.  The department may implement procedures related to the issuance of a duplicate paper certificate of title.
A.R.S. § 28-4504 — Arizona Code / Title 28 / Chapter 10 / Article 6 / Section 4504
28-4504 Motor vehicle dealer enforcement fund
Status: in_force

28-4504. Motor vehicle dealer enforcement fund

The motor vehicle dealer enforcement fund is established consisting of civil penalties collected pursuant to section 28-4501 that result from licensed or unlicensed motor vehicle dealer activity. The department shall administer the fund. Monies in the fund are subject to legislative appropriations. The director shall deposit all unexpended and unencumbered monies in the fund exceeding two hundred fifty thousand dollars at the end of each fiscal year in the state highway fund established by section 28-6991.
A.R.S. § 28-5810 — Arizona Code / Title 28 / Chapter 16 / Article 3 / Section 5810
28-5810 Rental vehicle surcharge; reimbursement; definition
Status: in_force

28-5810. Rental vehicle surcharge; reimbursement; definition

A. A person engaged in the business of renting motor vehicles without drivers shall collect, at the time the rental vehicle is rented, a five percent surcharge on each rental contract that is for a period of one hundred eighty days or less. A motor vehicle that is owned by a governmental entity is exempt from the surcharge prescribed by this subsection.

B. The surcharge:

1. Shall be computed on the total amount stated in the rental contract, less any taxes and fees imposed by title 42, chapter 5, article 1 and title 48, chapter 26, article 2.

2. Is not subject to the taxes imposed by title 42, chapter 5, article 1 and title 48, chapter 26, article 2.

3. Shall be noted on the rental contract and collected pursuant to the contract.

4. Shall be retained by the vehicle owner or person engaged in the business of renting rental vehicles.

5. Shall be used only for reimbursement of the amount of vehicle license tax imposed on the rental vehicle pursuant to section 28-5801, whether rented in this state or in another state or jurisdiction, and paid by the rental vehicle owner or person engaged in the business of renting rental vehicles at the time of vehicle registration.

C. On February 15 of each year, a person who is engaged in the business of renting rental vehicles and who collects a surcharge pursuant to this section shall file a report with the director stating:

1. The total amount of vehicle license tax paid the previous year.

2. The total amount of vehicle rental revenues for the previous year.

3. The amount by which the surcharge exceeds the amount of vehicle license tax.

D. Surcharges collected in excess of the amount of vehicle license tax paid shall be remitted, deposited and distributed pursuant to section 28-5808.

E. The report to the director required by this section shall be a sworn statement subject to penalty of perjury for misrepresenting the amount of vehicle license tax paid or the amount of surcharge collected.

F. The director shall adopt rules prescribing auditing procedures, records maintenance and other requirements necessary to administer this section.

G. To assist with administering this article, each year at the request of the director of the department of transportation, the department of revenue shall provide a report to the director of the department of transportation that includes, to the extent available, the following:

1. The names of all of the persons who are engaged in the business of renting rental vehicles and who hold a transaction privilege tax license pursuant to section 42-5071.

2. The address of the business.

3. The effective date of the license.

H. For the purposes of this section, "rental vehicle" means both of the following:

1. A passenger vehicle that is designed to transport fifteen or fewer passengers and that is rented without a driver.

2. A truck, trailer or semitrailer that has a gross vehicle weight of less than twenty-six thousand one pounds, that is rented without a driver and that is used in the transportation of personal property.
A.R.S. § 28-7211 — Arizona Code / Title 28 / Chapter 20 / Article 8 / Section 7211
28-7211 Notice; hearing; appraisal
Status: in_force

28-7211. Notice; hearing; appraisal

The governing body or the board, in the case of this state, may give notice of pending disposition of roadways, hold hearings, obtain appraisals and take other similar action in connection with the disposition if it deems the action necessary or advisable.
A.R.S. § 28-7057 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7057
28-7057 Publication of law relating to dumping trash on highways
Status: in_force

28-7057. Publication of law relating to dumping trash on highways

The director shall cause to be printed and distributed with each license plate and each original or renewal of a driver license material relating to section 28-7056 as the director deems advisable.
A.R.S. § 28-5861 — Arizona Code / Title 28 / Chapter 16 / Article 4 / Section 5861
28-5861 Motor carrier fee compliance requirement
Status: in_force

28-5861. Motor carrier fee compliance requirement

Except as provided in section 28-5862, a person registering in this state or accorded proportional registration or registration reciprocity with this state for a motor vehicle shall comply with this article.
A.R.S. § 28-4501 — Arizona Code / Title 28 / Chapter 10 / Article 6 / Section 4501
28-4501 Licensed or unlicensed dealer and automotive recycler; civil penalty; transaction privilege taxes
Status: in_force

28-4501. Licensed or unlicensed dealer and automotive recycler; civil penalty; transaction privilege taxes

A. Notwithstanding the suspension authorized by section 28-4500, if the director finds that a person is in violation of the licensing provisions of this chapter, after a hearing conducted pursuant to section 28-4496, 28-4498, 28-4499 or 28-4500, the director:

1. May impose a civil penalty of at least one thousand dollars but not more than three thousand dollars per violation.

2. Shall require that the person pay all transaction privilege taxes on motor vehicle sales that were conducted in violation of this chapter.

B. The person shall pay the civil penalty imposed pursuant to this section to the department no later than thirty days after the order is final. If the person fails to pay the civil penalty within thirty days after the order is final, the director shall file an action in the superior court in the county in which the hearing is held to collect the civil penalty.

C. The director shall deposit, pursuant to sections 35-146 and 35-147, all civil penalties collected pursuant to this section that result from licensed or unlicensed motor vehicle dealer activity in the motor vehicle dealer enforcement fund established by section 28-4504.
A.R.S. § 28-4837 — Arizona Code / Title 28 / Chapter 11 / Article 2 / Section 4837
28-4837 Towing and storage costs
Status: in_force

28-4837. Towing and storage costs

A. The public agency employing an officer who has removed or causes the removal of a vehicle under this chapter is not liable for the cost of towing or storing the vehicle if the officer acts under color of the officer's lawful authority.

B. The owner of a vehicle that is removed or caused to be removed under this chapter is liable for any reasonable costs incurred in towing or storing the vehicle.
A.R.S. § 28-2476 — Arizona Code / Title 28 / Chapter 7 / Article 13 / Section 2476
28-2476 Distinguished flying cross license plates; fees
Status: in_force

28-2476. Distinguished flying cross license plates; fees

A. The department shall issue distinctive license plates to:

1. A person who submits satisfactory proof to the department that the person is a veteran and a bona fide distinguished flying cross recipient.

2. An immediate family member of a person who has been issued a license plate pursuant to this section.

B. For each pair of original license plates issued pursuant to this section, the department shall collect a fee of $25 in addition to the registration fee required by section 28-2003.  For each annual renewal of license plates issued pursuant to this section, the department shall charge a fee of $5 in addition to the registration fee required by section 28-2003. The department shall deposit, pursuant to sections 35-146 and 35-147, the $25 fee as a donation in the veterans' donation fund established by section 41-608.
A.R.S. § 28-2412 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2412
28-2412 Collegiate special plates; definition
Status: in_force

28-2412. Collegiate special plates; definition

A. Except as otherwise provided in this subsection, the department shall issue collegiate special plates that identify each university that is described in section 15-1601 or each community college district. The collegiate special plates shall have the same color and design as the collegiate license plates issued on or before December 31, 1992, except that on the request of a university as described in section 15-1601 or a community college district, the department may revise the color and design of the plates as appropriate for the university or community college district. Beginning from and after September 14, 2024, the department may issue collegiate special plates for a community college district only if a person pays $32,000 to the department for the implementation of a collegiate special plate for the community college district.  The person that pays the $32,000 for the implementation of the collegiate special plate for a community college district shall design the collegiate special plate for the community college district.  The design and color of the collegiate special plates are subject to the approval of the department.

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

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

1. To the Arizona board of regents for placement in the appropriate university collegiate special plate fund.

2. To the community college district collegiate special plate fund established pursuant to section 15-1447.

D. The request for collegiate special plates may be combined with a request for personalized special plates. This request shall be on a form prescribed by the director and is subject to the fees required for the personalized special plates in addition to the fees required for collegiate special plates.

E. For the purposes of this section, "community college district" means a community college district that includes all of the following:

1. Is established pursuant to sections 15-1402 and 15-1403 or section 15-1402.01.

2. Is a political subdivision of this state.

3. Has a full-time equivalent student enrollment pursuant to section 15-1466.01 of more than five hundred students.
A.R.S. § 28-9521 — Arizona Code / Title 28 / Chapter 30 / Article 2 / Section 9521
28-9521 Unlawful use of vehicle for hire; violation; classification
Status: in_force

28-9521. Unlawful use of vehicle for hire; violation; classification

A. When any vehicle for hire specified in this chapter is in commercial use and a valid permit has not been procured by the vehicle for hire company, the department, after giving notice of the permit requirements to the vehicle for hire company, shall prohibit the further commercial use of the vehicle until the proper permit has been issued.

B. The owner of any business who has not applied for and has not been issued a permit by the department for the right to do business involving the use of a vehicle for hire and who is found offering vehicle for hire services to a consumer is guilty of a class 2 misdemeanor.

C. If a vehicle for hire is used contrary to any provision of this chapter or any rule adopted pursuant to this chapter, the department, in addition to any other penalty imposed by this chapter, shall suspend, revoke or refuse to renew the permit of the vehicle for hire company.
A.R.S. § 28-645 — Arizona Code / Title 28 / Chapter 3 / Article 3 / Section 645
28-645 Traffic control signal legend
Status: in_force

28-645. Traffic control signal legend

A. If traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend. The lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

1. Green indication:

(a) Vehicular traffic facing a green signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

(b) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(c) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, pedestrians facing any green signal, except if the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

2. Steady yellow indication:

(a) Vehicular traffic facing a steady yellow signal is warned by the signal that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.

(b) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, pedestrians facing a steady yellow signal are advised by the signal that there is insufficient time to cross the roadway before a red indication is shown and a pedestrian shall not then start to cross the roadway.

3. Red indication:

(a) Except as provided in subdivisions (b) and (c) of this paragraph, vehicular traffic facing a steady red signal alone shall stop before entering the intersection and shall remain standing until an indication to proceed is shown. On receipt of a record of judgment for a violation of this subdivision or an act in another jurisdiction that if committed in this state would be a violation of this section, 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 subdivision 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 subdivision 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 subsection, 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.

(b) The driver of a vehicle that is stopped in obedience to a red signal and as close as practicable at the entrance to the crosswalk on the near side of the intersection, or if there is no crosswalk, then at the entrance to the intersection, may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal. A right turn may be prohibited against a red signal at any intersection if a sign prohibiting the turn is erected at the intersection.

(c) The driver of a vehicle on a one-way street that intersects another one-way street on which traffic moves to the left shall stop in obedience to a red signal but may then make a left turn into the one-way street.  The driver shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that such left turn may be prohibited if a sign prohibiting the turn is erected at the intersection.

(d) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, a pedestrian facing a steady red signal alone shall not enter the roadway.

B. If an official traffic control signal is erected and maintained at a place other than an intersection, this section applies except as to those provisions of this section that by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of a sign or marking the stop shall be made at the signal.

C. The driver of a vehicle approaching an intersection that has an official traffic control signal that is inoperative shall bring the vehicle to a complete stop before entering the intersection and may proceed with caution only when it is safe to do so. If two or more vehicles approach an intersection from different streets or highways at approximately the same time and the official traffic control signal for the intersection is inoperative, the driver of each vehicle shall bring the vehicle to a complete stop before entering the intersection and the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right.
A.R.S. § 28-665 — Arizona Code / Title 28 / Chapter 3 / Article 4 / Section 665
28-665 Striking fixtures on a highway; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification
Status: in_force

28-665. Striking fixtures on a highway; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification

A. The driver of a vehicle involved in an accident resulting only in damage to fixtures or other property legally on or adjacent to a highway shall:

1. Take reasonable steps to locate and notify the owner or person in charge of the property of:

(a) The fact of the accident.

(b) The driver's name and address.

(c) The registration number of the vehicle the driver is driving.

2. On request, exhibit the driver's driver license.

B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the vehicle owner or a person on behalf of the vehicle owner takes reasonable steps to notify the owner or person in charge of the property of all of the following:

1. The fact of the accident.

2. The vehicle owner's name and address.

3. The vehicle's registration number.

C. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 28-7573 — Arizona Code / Title 28 / Chapter 21 / Article 2 / Section 7573
28-7573 Bonds; legal investments
Status: in_force

28-7573. Bonds; legal investments

Bonds issued under this article are made securities:

1. In which all of the following may properly and legally invest monies including capital in their control or belonging to them:

(a) Public officers and bodies of this state.

(b) Political subdivisions of this state.

(c) Insurance companies and associations and other persons carrying on an insurance business.

(d) Banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business.

(e) Administrators, guardians, executors, trustees and other fiduciaries.

(f) Other persons authorized to invest in bonds or other obligations of this state.

2. That may be deposited with and may be received by all public officers and bodies of this state and all political subdivisions of this state for any purpose for which the deposit of bonds or other obligations of this state is authorized.
A.R.S. § 28-503 — Arizona Code / Title 28 / Chapter 2 / Article 7 / Section 503
28-503 Performance based planning and programming
Status: in_force

28-503. Performance based planning and programming

A. The division shall develop for submission to the board performance based planning and programming processes for use by the department.

B. The division shall consult with local, regional and tribal transportation agencies before developing the processes. The division shall encourage and assist tribal transportation agencies that want to adopt these performance based planning and programming processes.

C. The performance based planning and programming processes shall provide a means of evaluating the current performance of the plan developed pursuant to section 28-506 and the five year transportation facilities construction program developed pursuant to section 28-6951 and for evaluating and prioritizing proposed changes to the plan and program.

D. In compliance with policies established pursuant to section 28-304, the department and the board shall use the performance based planning and programming processes in determining future allocations of state and federal financial resources among the department's major program categories.

E. The performance based planning and programming processes shall be used to monitor and evaluate the performance outcomes of transportation planning and programming decisions made by the department and the board.

F. The performance based processes shall:

1. Be periodically reviewed and updated as conditions and system requirements change.

2. Include, at a minimum, all of the following:

(a) Uniform transportation system performance measures established pursuant to section 28-504 and the routine collection and reporting of adopted performance measures.

(b) Uniform transportation system performance factors for evaluating existing and potential projects and services established pursuant to section 28-505.

(c) Weights to be applied to the performance factors identified pursuant to subdivision (b) in evaluating and prioritizing proposed changes to the system.  These performance factor weights shall consider and recognize local and regional differences in transportation system performance expectations and shall be used in all state transportation planning.

(d) Systematic forecasts of the anticipated performance outcomes of proposed expenditures.

(e) Systematic periodic reporting and certification of system performance.

3. Integrate planning, programming and reporting processes to ensure a sustainable and reliable highway system.
A.R.S. § 28-622 — Arizona Code / Title 28 / Chapter 3 / Article 2 / Section 622
28-622 Failure to comply with police officer; classification
Status: in_force

28-622. Failure to comply with police officer; classification

A. A person shall not wilfully fail or refuse to comply with any lawful order or direction of a police officer invested by law with authority to direct, control or regulate traffic.

B. A person who violates this section is guilty of a class 2 misdemeanor.
A.R.S. § 28-2093 — Arizona Code / Title 28 / Chapter 7 / Article 3 / Section 2093
28-2093 Sale of seized vehicles or motors; disposition of proceeds
Status: in_force

28-2093. Sale of seized vehicles or motors; disposition of proceeds

A. If a vehicle or motor has been seized under this chapter and held for six months and the owner has not complied with the provisions of law under which the vehicle or motor was seized, including payment of all fees, penalties, costs and expenses of seizure, the director shall sell the vehicle or motor.

B. After thirty days the department may sell a motor vehicle, trailer or semitrailer seized and held for nonpayment of any fee, tax or other assessment or penalty on the vehicle that is due the department or for its account.

C. The department shall sell a motor vehicle, motor, trailer or semitrailer under this section at public auction after notice of the sale by certified mail, return receipt requested, at least five but not more than twenty days before the sale, directed to the last known address of the owner of the vehicle or motor, if the owner is known. If the owner is unknown, the department shall give notice by publication in a newspaper of general circulation in the county in which the vehicle or motor was seized. If notice is published in a weekly newspaper, the department shall publish it once each week for two consecutive weeks, or if notice is published in a daily newspaper, six consecutive times, the last publication to be at least five but not more than ten days before the date of the sale.

D. The department shall pay the proceeds from the sale, after the fees, penalties, costs and expenses of seizure and sale are deducted, to the owner from whom the vehicle or motor was seized, if the owner is known. If the owner is unknown, the department shall deposit, pursuant to sections 35-146 and 35-147, the proceeds in the Arizona highway user revenue fund.
A.R.S. § 28-2470.11 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.11
28-2470.11 Hualapai tribe special plates
Status: in_force

28-2470.11. Hualapai tribe special plates

A. If, by December 31, 2022, a person pays $32,000 to the department for the implementation of this section, the department shall issue Hualapai tribe special plates. The color and design of the Hualapai tribe special plates shall be different from the color and design of regular license plates determined by the department and shall be representative of the Hualapai tribe. The director may allow a request for Hualapai tribe 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 Hualapai tribe 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 Hualapai tribal public works department.  The Hualapai tribal public works department shall use these monies for road maintenance services and for traffic control devices that conform to the manual and specifications prescribed in section 28-641 on highways on the Hualapai tribe reservation that are located in this state and that are not state highways.
A.R.S. § 28-8467 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8467
28-8467 Airport zoning regulations; procedure; airport zoning commission
Status: in_force

28-8467. Airport zoning regulations; procedure; airport zoning commission

A. In adopting, amending and repealing an airport zoning regulation under this article, the political subdivision or joint airport zoning board shall follow the procedure prescribed by law for the adoption, amendment and repeal of comprehensive zoning regulations.

B. Before the initial zoning of an airport hazard area under this article, the political subdivision or joint airport zoning board shall appoint an airport zoning commission. If a city planning commission or comprehensive zoning commission exists, that commission may be appointed as the airport zoning commission.

C. The airport zoning commission shall:

1. Recommend the boundaries of zones to be established and the regulations to be adopted for the zones.

2. Make a preliminary report and hold public hearings on the preliminary report before submitting a final report.

D. The political subdivision or the joint airport zoning board shall not hold a public hearing or take other action until it has received the final report of the airport zoning commission.
A.R.S. § 28-7366 — Arizona Code / Title 28 / Chapter 20 / Article 13 / Section 7366
28-7366 Construction-manager-at-risk construction services and job-order-contracting construction services
Status: in_force

28-7366. Construction-manager-at-risk construction services and job-order-contracting construction services

A. The department may procure the following services pursuant to this section:

1. Construction-manager-at-risk construction services.

2. Job-order-contracting construction services.

B. The department shall provide notice of each procurement of construction services prescribed in this section and shall award contracts on the basis of demonstrated competence and qualifications for the type of construction services pursuant to the procedures prescribed in this section.

C. In the procurement of construction services pursuant to this section:

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

(a) Include the number of persons or firms to be included on the final list.  At least three but not more than five persons or firms shall be on the final list.

(b) State the criteria to be used by the selection team to select the person or firm to perform the construction services. The request for qualifications shall also state in a manner determined by the department the relative weight of the selection criteria.

(c) If the department will hold interviews as part of the selection process, state that interviews shall be held and the number of persons or firms to be interviewed, which shall be at least the number of persons or firms to be included in the final list but not more than the number of persons or firms to be included in the final list plus two.

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

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

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

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

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

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

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

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

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

4. For construction-manager-at-risk construction services, the contract under a request for qualifications solicitation is limited to a specific single project.

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

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

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

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

E. For the single contract included in the request for qualifications, the department shall enter into negotiations for the contract with the highest qualified person or firm on the final list for the construction services.  The negotiations shall include consideration of compensation and other contract terms that the department determines to be fair and reasonable to the department.  In making this decision, the department shall take into account the estimated value, the scope, the complexity and the nature of the construction services to be rendered. If the department is not able to negotiate a satisfactory contract with the highest qualified person or firm on the final list at compensation and on other contract terms the department determines to be fair and reasonable, the department shall formally terminate negotiations with that person or firm. The department may undertake negotiations with the next most qualified person or firm on the final list in sequence until an agreement is reached or a determination is made to reject all persons or firms on the final list. If a contract for construction services is entered into pursuant to this subsection:

1. If the contract is for construction-manager-at-risk construction services and includes preconstruction services by the contractor, the department shall enter into a written contract with the contractor for preconstruction services under which the department shall pay the contractor a fee for preconstruction services in an amount agreed by the department and the contractor, and the department shall not request or obtain a fixed price or a guaranteed maximum price for the construction from the contractor or enter into a construction contract with the contractor until after the department has entered into the written contract for preconstruction services and a preconstruction services fee.

2. Construction shall not commence until the department and contractor agree in writing on either a fixed price that the department will pay for the construction to be commenced or a guaranteed maximum price for the construction to be commenced.  The construction to be commenced may be the entire project or may be one or more phased parts of the project.

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

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

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

3. For job-order-contracting construction services, the request for proposals shall include:

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

(b) A statement that the contract will be awarded to the offeror whose proposal receives the highest number of points under a scoring method.

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

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

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

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

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

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

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

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

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

9. The department shall award the contract to the responsive and responsible offeror whose proposal receives the highest score under the method of scoring in the request for proposals.  No other factors or criteria may be used in the evaluation.

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

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

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

I. Notwithstanding any other law:

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

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

3. For each project under a construction-manager-at-risk construction services contract, the licensed contractor performing the contract shall perform, with the contractor's own organization, construction work that amounts to at least forty percent of the total contract price for construction.  For the purposes of this paragraph, the total contract price for construction does not include the cost of preconstruction services, design services or any other related services or the cost to procure any right-of-way or other cost of condemnation.

4. Each procurement and each request for qualifications pursuant to this section is limited to a single contract for construction-manager-at-risk construction services or job-order-contracting construction services. This restriction does not affect or impair the department's ability to procure multiple contracts for job-order-contracting construction services in a single procurement using a single request for qualifications pursuant to section 28-7367.

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

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

1. The maximum dollar amount of an individual job order shall be $1,000,000 or such higher or lower amount prescribed by the department. Requirements shall not be artificially divided or fragmented in order to constitute a job order that satisfies this requirement.

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

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

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

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

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

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

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

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

K. Notwithstanding anything to the contrary in this title, the department shall not enter into a contract as contractor to provide construction-manager-at-risk construction services or job-order-contracting construction services.

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

M. Except as otherwise provided in this section, sections 28-6923 and 28-6924, relating to bid, performance and payment bonds, change orders, progress payments, contract retention, definitions and authority to award contracts, apply to department construction-manager-at-risk and job-order-contracting contracts for transportation facilities pursuant to this article.
A.R.S. § 28-101 — Arizona Code / Title 28 / Chapter 1 / Article 1 / Section 101
28-101 Definitions
Status: in_force

28-101. Definitions

In this title, unless the context otherwise requires:

1. "Alcohol" means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol.

2. "Alcohol concentration" if expressed as a percentage means either:

(a) The number of grams of alcohol per one hundred milliliters of blood.

(b) The number of grams of alcohol per two hundred ten liters of breath.

3. "All-terrain vehicle" means either of the following:

(a) A motor vehicle that satisfies all of the following:

(i) Is designed primarily for recreational nonhighway all-terrain travel.

(ii) Is fifty or fewer inches in width.

(iii) Has an unladen weight of one thousand two hundred pounds or less.

(iv) Travels on three or more nonhighway tires.

(v) Is operated on a public highway.

(b) A recreational off-highway vehicle that satisfies all of the following:

(i) Is designed primarily for recreational nonhighway all-terrain travel.

(ii) Is eighty or fewer inches in width.

(iii) Has an unladen weight of two thousand five hundred pounds or less.

(iv) Travels on four or more nonhighway tires.

(v) Has a steering wheel for steering control.

(vi) Has a rollover protective structure.

(vii) Has an occupant retention system.

4. "Authorized emergency vehicle" means any of the following:

(a) A fire department vehicle.

(b) A police vehicle.

(c) An ambulance or emergency vehicle of a municipal department or public service corporation that is designated or authorized by the department or a local authority.

(d) Any other ambulance, fire truck or rescue vehicle that is authorized by the department in its sole discretion and that meets liability insurance requirements prescribed by the department.

5. "Autocycle" means a three-wheeled motorcycle on which the driver and passengers ride in a fully or partially enclosed seating area that is equipped with a roll cage, safety belts for each occupant and antilock brakes and that is designed to be controlled with a steering wheel and pedals.

6. "Automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain.

7. "Automotive recycler" means a person that is engaged in the business of buying or acquiring a motor vehicle solely for the purpose of dismantling, selling or otherwise disposing of the parts or accessories and that removes parts for resale from six or more vehicles in a calendar year.

8. "Autonomous vehicle" means a motor vehicle that is equipped with an automated driving system.

9. "Aviation fuel" means all flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating an internal combustion engine for use in an aircraft but does not include fuel for jet or turbine powered aircraft.

10. "Bicycle" means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:

(a) Two tandem wheels, either of which is more than sixteen inches in diameter.

(b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.

11. "Board" means the transportation board.

12. "Bus" means a motor vehicle designed for carrying sixteen or more passengers, including the driver.

13. "Business district" means the territory contiguous to and including a highway if there are buildings in use for business or industrial purposes within any six hundred feet along the highway, including hotels, banks or office buildings, railroad stations and public buildings that occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.

14. "Certificate of ownership" means a paper or an electronic record that is issued in another state or a foreign jurisdiction and that indicates ownership of a vehicle.

15. "Certificate of title" means a paper document or an electronic record that is issued by the department and that indicates ownership of a vehicle.

16. "Combination of vehicles" means a truck or truck tractor and semitrailer and any trailer that it tows but does not include a forklift designed for the purpose of loading or unloading the truck, trailer or semitrailer.

17. "Controlled substance" means a substance so classified under section 102(6) of the controlled substances act (21 United States Code section 802(6)) and includes all substances listed in schedules I through V of 21 Code of Federal Regulations part 1308.

18. "Conviction" means:

(a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal.

(b) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court.

(c) A plea of guilty or no contest accepted by the court.

(d) The payment of a fine or court costs.

19. "County highway" means a public road that is constructed and maintained by a county.

20. "Dealer" means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302.

21. "Department" means the department of transportation acting directly or through its duly authorized officers and agents.

22. "Digital network or software application" has the same meaning prescribed in section 28-9551.

23. "Director" means the director of the department of transportation.

24. "Drive" means to operate or be in actual physical control of a motor vehicle.

25. "Driver" means a person who drives or is in actual physical control of a vehicle.

26. "Driver license" means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle.

27. "Dynamic driving task":

(a) Means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic.

(b) Includes:

(i) Lateral vehicle motion control by steering.

(ii) Longitudinal motion control by acceleration and deceleration.

(iii) Monitoring the driving environment by object and event detection, recognition, classification and response preparation.

(iv) Object and event response execution.

(v) Maneuver planning.

(vi) Enhancing conspicuity by lighting, signaling and gesturing.

(c) Does not include strategic functions such as trip scheduling and selecting destinations and waypoints.

28. "Electric bicycle" means a bicycle or tricycle that is equipped with fully operable pedals and an electric motor of less than seven hundred fifty watts and that meets the requirements of one of the following classes:

(a) "Class 1 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty miles per hour.

(b) "Class 2 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that may be used exclusively to propel the bicycle or tricycle and that is not capable of providing assistance when the bicycle or tricycle reaches the speed of twenty miles per hour.

(c) "Class 3 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty-eight miles per hour.

29. "Electric miniature scooter" means a device that:

(a) Weighs less than thirty pounds.

(b) Has two or three wheels.

(c) Has handlebars.

(d) Has a floorboard on which a person may stand while riding.

(e) Is powered by an electric motor or human power, or both.

(f) Has a maximum speed that does not exceed ten miles per hour, with or without human propulsion, on a paved level surface.

30. "Electric personal assistive mobility device" means a self-balancing device with one wheel or two nontandem wheels and an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less and that is designed to transport only one person.

31. "Electric standup scooter":

(a) Means a device that:

(i) Weighs less than seventy-five pounds.

(ii) Has two or three wheels.

(iii) Has handlebars.

(iv) Has a floorboard on which a person may stand while riding.

(v) Is powered by an electric motor or human power, or both.

(vi) Has a maximum speed that does not exceed twenty miles per hour, with or without human propulsion, on a paved level surface.

(b) Does not include an electric miniature scooter.

32. "Evidence" includes both of the following:

(a) A display on a wireless communication device of a department-generated driver license, nonoperating identification license, vehicle registration card or other official record of the department that is presented to a law enforcement officer or in a court or an administrative proceeding.

(b) An electronic or digital license plate authorized pursuant to section 28-364.

33. "Farm" means any lands primarily used for agriculture production.

34. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry.

35. "Foreign vehicle" means a motor vehicle, trailer or semitrailer that is brought into this state other than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in this state.

36. "Fully autonomous vehicle" means an autonomous vehicle that is equipped with an automated driving system designed to function as a level four or five system under SAE J3016 and that may be designed to function either:

(a) Solely by use of the automated driving system.

(b) By a human driver when the automated driving system is not engaged.

37. "Golf cart" means a motor vehicle that has not less than three wheels in contact with the ground, that has an unladen weight of less than one thousand eight hundred pounds, that is designed to be and is operated at not more than twenty-five miles per hour and that is designed to carry not more than four persons including the driver.

38. "Gross combined weight rating" means the sum of the gross vehicle weight rating of a motor vehicle and the trailer or semitrailer the motor vehicle tows.

39. "Gross vehicle weight rating" means the weight that is assigned by the motor vehicle manufacturer to a motor vehicle and that represents the maximum recommended total weight, including the vehicle and the load for the vehicle.

40. "Hazardous material" means a material, and its mixtures or solutions, that the United States department of transportation determines under 49 Code of Federal Regulations is, or any quantity of a material listed as a select agent or toxin under 42 Code of Federal Regulations part 73 that is, capable of posing an unreasonable risk to health, safety and property if transported in commerce and that is required to be placarded or marked as required by the department's safety rules prescribed pursuant to chapter 14 of this title.

41. "Human driver" means a natural person in the vehicle who performs in real time all or part of the dynamic driving task or who achieves a minimal risk condition for the vehicle.

42. "Implement of husbandry" means a vehicle that is designed primarily for agricultural purposes and that is used exclusively in the conduct of agricultural operations, including an implement or vehicle that uses an automated driving system or that is autonomous or that is self-propelled or otherwise, whether operated manually, equipped with an automated driving system that is not in use or equipped with an automated driving system that is in use, and that meets both of the following conditions:

(a) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains, specialty crops and other farm crops.  For the purposes of this subdivision, "specialty crops" includes fruits, vegetables, tree nuts, dried fruits and horticulture and nursery crops, including floriculture.

(b) Is only incidentally operated or moved on a highway whether as a trailer or an autonomous vehicle or a self-propelled unit. For the purposes of this subdivision, "incidentally operated or moved on a highway" means travel between a farm and another part of the same farm, from one farm to another farm or between a farm and a place of repair, supply or storage.

43. "Limousine" means a motor vehicle providing prearranged ground transportation service for an individual passenger, or a group of passengers, that is arranged in advance or is operated on a regular route or between specified points and includes ground transportation under a contract or agreement for services that includes a fixed rate or time and is provided in a motor vehicle with a seating capacity not exceeding fifteen passengers including the driver.

44. "Livery vehicle" means a motor vehicle that:

(a) Has a seating capacity not exceeding fifteen passengers including the driver.

(b) Provides passenger services for a fare determined by a flat rate or flat hourly rate between geographic zones or within a geographic area.

(c) Is available for hire on an exclusive or shared ride basis.

(d) May do any of the following:

(i) Operate on a regular route or between specified places.

(ii) Offer prearranged ground transportation service as defined in section 28-141.

(iii) Offer on demand ground transportation service pursuant to a contract with a public airport, licensed business entity or organization.

45. "Local authority" means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state.

46. "Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.

47. "Minimal risk condition":

(a) Means a condition to which a human driver or an automated driving system may bring a vehicle in order to reduce the risk of a crash when a given trip cannot or should not be completed.

(b) Includes bringing the vehicle to a complete stop.

48. "Moped" means a bicycle, not including an electric bicycle, an electric miniature scooter or an electric standup scooter, that is equipped with a helper motor if the vehicle has a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of one and one-half or less and a maximum speed of twenty-five miles per hour or less on a flat surface with less than a one percent grade.

49. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excludes a tractor, an electric bicycle, an electric miniature scooter, an electric standup scooter and a moped.

50. "Motor driven cycle" means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower but does not include an electric bicycle, an electric miniature scooter or an electric standup scooter.

51. "Motorized quadricycle" means a self-propelled motor vehicle to which all of the following apply:

(a) The vehicle is self-propelled by an emission-free electric motor and may include pedals operated by the passengers.

(b) The vehicle has at least four wheels in contact with the ground.

(c) The vehicle seats at least eight passengers, including the driver.

(d) The vehicle is operable on a flat surface using solely the electric motor without assistance from the pedals or passengers.

(e) The vehicle is a commercial motor vehicle as defined in section 28-5201.

(f) The vehicle is a limousine operating under a vehicle for hire company permit issued pursuant to section 28-9503.

(g) The vehicle is manufactured by a motor vehicle manufacturer that is licensed pursuant to chapter 10 of this title.

(h) The vehicle complies with the definition and standards for low-speed vehicles set forth in 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.

52. "Motor vehicle":

(a) Means either:

(i) A self-propelled vehicle.

(ii) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel.

(b) Does not include a scrap vehicle, a personal delivery device, a personal mobile cargo carrying device, a motorized wheelchair, an electric personal assistive mobility device, an electric bicycle, an electric miniature scooter, an electric standup scooter or a motorized skateboard. For the purposes of this subdivision:

(i) "Motorized skateboard" means a self-propelled device that does not have handlebars and that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground.

(ii) "Motorized wheelchair" means a self-propelled wheelchair that is used by a person for mobility.

53. "Motor vehicle fuel" includes all products that are commonly or commercially known or sold as gasoline, including casinghead gasoline, natural gasoline and all flammable liquids, and that are composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating internal combustion engines. Motor vehicle fuel does not include inflammable liquids that are specifically manufactured for racing motor vehicles and that are distributed for and used by racing motor vehicles at a racetrack, use fuel as defined in section 28-5601, aviation fuel, fuel for jet or turbine powered aircraft or the mixture created at the interface of two different substances being transported through a pipeline, commonly known as transmix.

54. "Neighborhood electric shuttle":

(a) Means a self-propelled electrically powered motor vehicle to which all of the following apply:

(i) The vehicle is emission free.

(ii) The vehicle has at least four wheels in contact with the ground.

(iii) The vehicle is capable of transporting at least eight passengers, including the driver.

(iv) The vehicle is a commercial motor vehicle as defined in section 28-5201.

(v) The vehicle is a vehicle for hire as defined in section 28-9501 and operates under a vehicle for hire company permit issued pursuant to section 28-9503.

(vi) The vehicle complies with the definition and standards for low-speed vehicles set forth in 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.

(b) Includes a vehicle that meets the standards prescribed in subdivision (a) of this paragraph and that has been modified after market and not by the manufacturer to transport up to fifteen passengers, including the driver.

55. "Neighborhood electric vehicle" means a self-propelled electrically powered motor vehicle to which all of the following apply:

(a) The vehicle is emission free.

(b) The vehicle has at least four wheels in contact with the ground.

(c) The vehicle complies with the definition and standards for low-speed vehicles, unless excepted or exempted under federal law, set forth in 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.

56. "Neighborhood occupantless electric vehicle" means a neighborhood electric vehicle that is not designed, intended or marketed for human occupancy.

57. "Nonresident" means a person who is not a resident of this state as defined in section 28-2001.

58. "Off-road recreational motor vehicle" means a motor vehicle that is designed primarily for recreational nonhighway all-terrain travel and that is not operated on a public highway. Off-road recreational motor vehicle does not mean a motor vehicle used for construction, building trade, mining or agricultural purposes.

59. "Operational design domain":

(a) Means operating conditions under which a given automated driving system is specifically designed to function.

(b) Includes roadway types, speed range, environmental conditions, such as weather or time of day, and other domain constraints.

60. "Operator" means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

61. "Owner" means:

(a) A person who holds the legal title of a vehicle.

(b) If a vehicle is the subject of an agreement for the conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, the conditional vendee or lessee.

(c) If a mortgagor of a vehicle is entitled to possession of the vehicle, the mortgagor.

62. "Pedestrian" means any person afoot. A person who uses an electric personal assistive mobility device or a manual or motorized wheelchair is considered a pedestrian unless the manual wheelchair qualifies as a bicycle. For the purposes of this paragraph, "motorized wheelchair" means a self-propelled wheelchair that is used by a person for mobility.

63. "Personal delivery device":

(a) Means a device that is both of the following:

(i) Manufactured for transporting cargo and goods in an area described in section 28-1225.

(ii) Equipped with automated driving technology, including software and hardware, that enables the operation of the device with the remote support and supervision of a human.

(b) Does not include a personal mobile cargo carrying device.

64. "Personal mobile cargo carrying device" means an electronically powered device that:

(a) Is operated primarily on sidewalks and within crosswalks and that is designed to transport property.

(b) Weighs less than eighty pounds, excluding cargo.

(c) Operates at a maximum speed of twelve miles per hour.

(d) Is equipped with technology to transport personal property with the active monitoring of a property owner and that is primarily designed to remain within twenty-five feet of the property owner.

(e) Is equipped with a braking system that when active or engaged enables the personal mobile cargo carrying device to come to a controlled stop.

65. "Power sweeper" means an implement, with or without motive power, that is only incidentally operated or moved on a street or highway and that is designed for the removal of debris, dirt, gravel, litter or sand whether by broom, vacuum or regenerative air system from asphaltic concrete or cement concrete surfaces, including parking lots, highways, streets and warehouses, and a vehicle on which the implement is permanently mounted.

66. "Public transit" means the transportation of passengers on scheduled routes by means of a conveyance on an individual passenger fare-paying basis excluding transportation by a sightseeing bus, school bus or taxi or a vehicle not operated on a scheduled route basis.

67. "Reconstructed vehicle" means a vehicle that has been assembled or constructed largely by means of essential parts, new or used, derived from vehicles or makes of vehicles of various names, models and types or that, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. For the purposes of this paragraph, "essential parts" means integral and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.

68. "Residence district" means the territory contiguous to and including a highway not comprising a business district if the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.

69. "Right-of-way" when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. Right-of-way when used within the context of the real property on which transportation facilities and appurtenances to the facilities are constructed or maintained means the lands or interest in lands within the right-of-way boundaries.

70. "SAE J3016" means surface transportation recommended practice J3016 taxonomy and definitions for terms related to driving automation systems for on-road motor vehicles published by SAE international in June 2018.

71. "School bus" means a motor vehicle that is designed for carrying more than ten passengers and that is either:

(a) Owned by any public or governmental agency or other institution and operated for the transportation of children to or from home or school on a regularly scheduled basis.

(b) Privately owned and operated for compensation for the transportation of children to or from home or school on a regularly scheduled basis.

72. "Scrap metal dealer" has the same meaning prescribed in section 44-1641.

73. "Scrap vehicle" has the same meaning prescribed in section 44-1641.

74. "Semitrailer" means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28-601.

75. "Single-axle tow dolly" means a nonvehicle device that is drawn by a motor vehicle, that is designed and used exclusively to transport another motor vehicle and on which the front or rear wheels of the drawn motor vehicle are mounted on the tow dolly while the other wheels of the drawn motor vehicle remain in contact with the ground.

76. "State" means a state of the United States and the District of Columbia.

77. "State highway" means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state.

78. "State route" means a right-of-way whether actually used as a highway or not that is designated by the board as a location for the construction of a state highway.

79. "Street" or "highway" means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel.

80. "Taxi" means a motor vehicle that has a seating capacity not exceeding fifteen passengers, including the driver, that provides passenger services and that:

(a) Does not primarily operate on a regular route or between specified places.

(b) Offers local transportation for a fare determined on the basis of the distance traveled or prearranged ground transportation service as defined in section 28-141 for a predetermined fare.

81. "Title transfer form" means a paper or an electronic form that is prescribed by the department for the purpose of transferring a certificate of title from one owner to another owner.

82. "Traffic survival school" means a school that is licensed pursuant to chapter 8, article 7.1 of this title and that offers educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department.

83. "Trailer" means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. A semitrailer equipped with an auxiliary front axle commonly known as a dolly is deemed to be a trailer. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28-601.

84. "Transportation network company" has the same meaning prescribed in section 28-9551.

85. "Transportation network company vehicle" has the same meaning prescribed in section 28-9551.

86. "Transportation network service" has the same meaning prescribed in section 28-9551.

87. "Truck" means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying.

88. "Truck tractor" means a motor vehicle that is designed and used primarily for drawing other vehicles and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn.

89. "Vehicle":

(a) Means a device in, on or by which a person or property is or may be transported or drawn on a public highway.

(b) Does not include:

(i) Electric bicycles, electric miniature scooters, electric standup scooters and devices moved by human power.

(ii) Devices used exclusively on stationary rails or tracks.

(iii) Personal delivery devices.

(iv) Scrap vehicles.

(v) Personal mobile cargo carrying devices.

90. "Vehicle transporter" means either:

(a) A truck tractor capable of carrying a load and drawing a semitrailer.

(b) A truck tractor with a stinger-steered fifth wheel capable of carrying a load and drawing a semitrailer or a truck tractor with a dolly mounted fifth wheel that is securely fastened to the truck tractor at two or more points and that is capable of carrying a load and drawing a semitrailer.
A.R.S. § 28-957 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 957
28-957 Windshield wipers required; exceptions
Status: in_force

28-957. Windshield wipers required; exceptions

A. The windshield on a motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield. The device shall be constructed in a manner to be controlled or operated by the driver of the vehicle.

B. A windshield wiper on a motor vehicle shall be maintained in good working order.

C. This section does not apply to a golf cart or a fully autonomous vehicle that is incapable of operation by a human driver.
A.R.S. § 28-405 — Arizona Code / Title 28 / Chapter 2 / Article 4 / Section 405
28-405 Contract; civil penalty collection
Status: in_force

28-405. Contract; civil penalty collection

A court or political subdivision of this state may contract with the department to collect unpaid civil penalties under terms and conditions prescribed in the contract.
A.R.S. § 28-7055 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7055
28-7055 Leaving gate open on fenced land; classification
Status: in_force

28-7055. Leaving gate open on fenced land; classification

A. A person traveling on a road or highway that is open for use and used by the public, that passes into or over any part of an enclosed field or pasture of another person and that has a gate or bars across the road or highway at the point of entrance to or exit from the enclosed field or pasture shall securely close the gate or bars after opening them.

B. A person who violates this section is guilty of a petty offense.
A.R.S. § 28-9701 — Arizona Code / Title 28 / Chapter 32 / Article 1 / Section 9701
28-9701 Definitions
Status: in_force

28-9701. Definitions

In this chapter, unless the context otherwise requires:

1. "On-demand autonomous vehicle network" means a passenger transportation network that uses a digital network or software application to connect passengers to fully autonomous vehicles for transportation, exclusively or in addition to other vehicles, including transportation for hire and transportation for compensation.

2. "Request to intervene" means a notification by an automated driving system to a human driver that the human driver should promptly begin or resume performance of part or all of the dynamic driving task.
A.R.S. § 28-5648 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5648
28-5648 Inspection of fuel and shipping papers
Status: in_force

28-5648. Inspection of fuel and shipping papers

A. The department, or its appointees, including federal government employees or persons operating under contract with this state, on presenting appropriate credentials may conduct inspections and remove samples of fuel to determine coloration of diesel fuel, or to identify shipping paper violations at any place where taxable fuel is or may be produced, stored or loaded into transport vehicles. Inspections shall be performed in a reasonable manner consistent with the circumstances, but in no event is prior notice required. Inspectors may physically inspect, examine or otherwise search any tank, reservoir or other container that can or might be used for the production, storage or transportation of fuel. Inspection may be made of any equipment used for, or in connection with, the production, storage or transportation of fuel. Inspectors may demand that shipping papers, documents and records required to be kept by a person transporting fuel be produced for immediate inspection. The places that may be inspected pursuant to this section include:

1. A terminal.

2. A fuel storage facility that is not a terminal.

3. A retail fuel facility.

4. Highway rest stops.

5. A designated inspection site. For the purposes of this paragraph, "designated inspection site" means any state highway or waterway inspection station, weigh station, agricultural inspection station, mobile station or other location designated by the department that is either fixed or mobile.

B. Inspectors may reasonably detain any person or equipment transporting fuel in or through this state for the purpose of determining whether the person is operating in compliance with this article. Inspectors may detain a person or equipment only for such time as is necessary to determine whether the person is in compliance.
A.R.S. § 28-702.01 — Arizona Code / Title 28 / Chapter 3 / Article 6 / Section 702.01
28-702.01 Waste of a finite resource; civil penalties; urbanized areas; definition
Status: in_force

28-702.01. Waste of a finite resource; civil penalties; urbanized areas; definition

A. If the maximum speed limit on a public highway in this state is at least thirty miles per hour in an area that is outside of an urbanized area, a person shall not drive a motor vehicle at a speed in excess of the posted speed limit on that highway. If the maximum speed limit on a public highway in this state is at least forty miles per hour in an urbanized area, a person shall not drive a motor vehicle at a speed in excess of the posted speed limit on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is not more than ten miles per hour in excess of the posted speed limit, the offense may be designated as the waste of a finite resource and is a civil traffic violation subject to subsection B of this section.

B. If a person is found responsible for a civil traffic violation pursuant to subsection A of this section:

1. A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked and a court shall not transmit abstracts of records of judgment for the violation to the department.

2. An insurer shall not consider the violation as a moving traffic violation against the person for the purpose of establishing rates of motor vehicle insurance charged by the insurer and shall not cancel or refuse to renew a policy of insurance because of the violation.

3. The civil penalty shall not exceed $15 plus the surcharges imposed pursuant to sections 12-116.01 and 12-116.02.

4. A report shall not be made under section 28-1559, subsection B.

C. If the maximum speed limit on a public highway in this state is at least thirty miles per hour in an area that is outside of an urbanized area, a person shall not drive a motor vehicle at a speed in excess of the posted speed limit on that highway. If the maximum speed limit on a public highway in this state is at least forty miles per hour in an urbanized area, a person shall not drive a motor vehicle at a speed in excess of the posted speed limit on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is more than ten miles per hour in excess of the posted speed limit, the offense is designated as a civil traffic violation and the person is subject to a civil penalty of not more than the amount provided in section 28-1598.

D. For the purposes of this section, "urbanized area" has the same meaning prescribed in section 28-702.04.
A.R.S. § 28-3170 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3170
28-3170 Duplicate permit or license
Status: in_force

28-3170. Duplicate permit or license

A. If an instruction permit or driver license issued under this chapter is lost, destroyed or made illegible, if the name or address of the applicant changes or if a new photo image is desired, the person to whom the permit or license was issued may obtain a duplicate, update or substitute of the permit or license, on payment of the fee required by section 28-3002.

B. If a person holds a driver license and wants a distinguishing mark on the license that identifies the person as a veteran, the person may obtain an update or substitute of the license after both of the following:

1. Submitting satisfactory proof to the department that the applicant is a veteran.

2. Paying the fee required by section 28-3002, subsection A, paragraph 7.
A.R.S. § 28-3318 — Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3318
28-3318 Service of notice; definitions
Status: in_force

28-3318. Service of notice; definitions

A. The department shall provide written, electronic or digital notice to a person possessing a driver license, to an unlicensed driver or to a nonresident driver of the following:

1. A suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation of the license or privilege to operate a motor vehicle.

2. Required attendance at training and education sessions.

B. The department may include additional information in the written, electronic or digital notice developed in consultation with the director of the department of public safety as prescribed in section 28-1462 regarding certified ignition interlock devices.

C. The department shall send the notice by mail or electronically or digitally to the address provided to the department on the licensee's application or provided to the department pursuant to section 28-448. If an address has not been provided to the department as provided in this subsection, the department shall send the notice to any address known to the department, including the address listed on a traffic citation received by the department.

D. Service of the notice provided by this section is complete on mailing. The department shall provide further service of notice only if the department is notified of a change of address pursuant to section 28-448.

E. Compliance with the mailing provisions of this section constitutes notice of the suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation for purposes of prosecution under section 28-1383, 28-1464 or 28-3473. The state is not required to prove actual receipt of the notice or actual knowledge of the suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation.

F. Compliance with the mailing provisions of this section constitutes notice of suspension or restriction for the purposes of suspension or restriction under section 28-3320. The state is not required to prove actual receipt of the notice or actual knowledge of the suspension or restriction.

G. For the purposes of this section:

1. "Certified ignition interlock device" has the same meaning prescribed in section 28-1301.

2. "Mail" or "mailing" means delivery by first class or certified mail or through a department electronic or digital system.
A.R.S. § 28-7568 — Arizona Code / Title 28 / Chapter 21 / Article 2 / Section 7568
28-7568 Bond proceeds; distribution; expenditures
Status: in_force

28-7568. Bond proceeds; distribution; expenditures

A. After deducting the necessary costs and expenses of the issuance and sale of the bonds and any amounts necessary to provide for the payment of refunded bonds, the department shall promptly deposit, pursuant to sections 35-146 and 35-147, the proceeds received from the sale and delivery of bonds issued pursuant to this article in the bond proceeds account within the regional area road fund pursuant to chapter 17, article 1 of this title. The department shall first apply those amounts of the bond proceeds provided in the resolution issuing the bonds to all reserve and sinking funds created in the bond resolution.

B. The board shall use the bond proceeds solely for the purposes provided in the bond resolution, except that, if the revenues pledged to secure the bonds ever become insufficient to pay the annual principal and interest on the bonds, the board shall order:

1. The liquidation of any permitted investments remaining in the bond proceeds account.

2. The state treasurer to apply all of the receipts as necessary to make current all payments then due on the bonds.
A.R.S. § 28-455 — Arizona Code / Title 28 / Chapter 2 / Article 5 / Section 455
28-455 Release of personal information; fees
Status: in_force

28-455. Release of personal information; fees

A. In accordance with section 28-458 and the driver's privacy protection act of 1994 (18 United States Code sections 2721 through 2725) and notwithstanding section 28-447, the department shall not knowingly disclose or otherwise make available to any person:

1. Personal information obtained by the department in connection with a motor vehicle record except as otherwise provided in this section.

2. Highly restricted personal information obtained by the department in connection with a motor vehicle record without the express consent of the person to whom the information applies except for uses allowed in subsection C, paragraphs 1, 4, 6 and 9 of this section.  This paragraph does not affect the use of organ donation information on an individual's driver license or affect the administration of organ donation in this state.

B. The department shall disclose personal information for use in connection with the following matters:

1. Motor vehicle or driver safety and theft.

2. Motor vehicle emissions.

3. Motor vehicle product alterations, recalls or advisories.

4. Performance monitoring of motor vehicles and dealers by motor vehicle manufacturers.

5. Removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of titles I and IV of the anti car theft act of 1992 (18 United States Code sections 2311 through 2322), the automobile information disclosure act (15 United States Code sections 1231, 1232 and 1233), the clean air act of 1963 (42 United States Code sections 7401 through 7671q) and 49 United States Code chapters 301, 305 and 321 through 331.

C. Subject to subsection A of this section, the department may disclose personal information as follows:

1. For use by any government agency, including any court or law enforcement agency, in carrying out its functions or any private person or entity acting on behalf of a government agency in carrying out its functions.

2. For use in connection with matters of:

(a) Performance monitoring of motor vehicles, motor vehicle parts and dealers.

(b) Motor vehicle market research activities, including survey research.

(c) Removal of nonowner records from the original owner records of motor vehicle manufacturers.

3. For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only:

(a) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors.

(b) If the information submitted is not correct or is no longer correct, to obtain the correct information for the purpose of preventing fraud by, pursuing legal remedies against or recovering on a debt or security interest against the individual.

4. For use by an attorney licensed to practice law or by a licensed private investigator in connection with any civil, criminal, 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.

5. For use in research activities and for use in producing statistical reports if the personal information is not published, redisclosed or used to contact individuals.

6. For use by any insurer that writes automobile liability or motor vehicle liability policies and that is under the jurisdiction of the department of insurance and financial institutions or insurance support organization or by a self-insured entity or its agents, employees or contractors in connection with claims investigation activities, antifraud activities, rating or underwriting.

7. For use in providing notice to the owners of towed or impounded vehicles.

8. For use by any licensed private investigative agency or licensed security service for any purpose allowed under this section.

9. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver license that is required under 49 United States Code sections 31301 through 31317.

10. For use by a toll operator as defined in section 28-7751 in connection with the operation of a toll facility or the enforcement of tolls, administrative charges and penalties as defined in section 28-7751.

11. For any other use in response to requests for individual motor vehicle records if the state has obtained the express consent of the person to whom the personal information pertains.

12. For use by any requester if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.

13. For any other use that is specifically authorized by law and that is related to the operation of a motor vehicle or public safety, including the following:

(a) Use by a financial institution or enterprise under the jurisdiction of the department of insurance and financial institutions or a federal monetary authority.

(b) Use by a motor vehicle dealer who is licensed and bonded by the department or a state organization of licensed and bonded motor vehicle dealers.

(c) Use by a person who is involved in an accident or the owner of a vehicle involved in an accident if the person who requests the information submits proof to the department of involvement in the accident.

(d) Use by a person applying for a bonded title if all of the following conditions exist:

(i) The requester verifies to the satisfaction of the director that the vehicle on which the requester is requesting the record is in the requester's possession.

(ii) The record is requested in order for the requester to notify the registered owner of the requester's intent to apply to the department for a bonded title.

(iii) The requester provides a verification of a vehicle inspection that was performed by an authorized department employee or agent.

(e) Use by an operator of a self-service storage facility who alleges both of the following:

(i) That the vehicle on which the operator is requesting the record is in the operator's possession.

(ii) That the record is requested to allow the operator to notify the registered owner and any lienholders of record of the operator's intent to foreclose its lien and to sell the vehicle.

(f) For any other use as determined by the director and established by rule.

D. The department may establish and carry out procedures under which the department, on receiving a request for personal information that does not fall within one of the exceptions prescribed in subsection B or C of this section, may mail a copy of the request to the individual about whom the information was requested. The mailing shall inform the individual of the request and contain a statement that the information will not be released unless the individual waives the individual's right to privacy under this section.

E. In addition to the permissible uses prescribed in subsection C of this section, the department may disclose its motor vehicle records information, including personal information, as a bulk record only under any of the following conditions:

1. If the director determines either of the following:

(a) The sale or release of the record is necessary for the public health or safety.

(b) The use is for general research or general statistical purposes that do not provide specific factors from a record.

2. For the release of motor vehicle title and motor vehicle registration information, vehicle identification numbers, title brands, odometer readings and brands and title lien information to a requester if the requester is in the business of preparing vehicle history reports and the information is used to develop a vehicle history report.

F. The department shall not sell records with personal identifying information for a commercial purpose except to a person authorized to receive the records under the permissible use provisions of this section and the driver's privacy protection act of 1994 (18 United States Code sections 2721 through 2725).

G. Driver histories shall not be disclosed under subsection E of this section.

H. Except as provided in subsection I of this section and section 28-446, subsection B, records provided pursuant to subsections B and C of this section are subject to the fees prescribed in section 28-446, subsections A and C.

I. For records searched and provided for the purposes described in subsection E of this section, the director:

1. Shall charge a search fee that is a minimum of $600 per million records searched.

2. Shall charge a records fee that is a minimum of $30 per thousand records provided.

3. May prorate the charge for fractional quantities that are searched or provided.

J. Records requests that require a database search for specific criteria within a record are subject to a search fee.  In addition to this search fee, each motor vehicle record provided to a records requester as a result of a criteria search incurs record fees in accordance with subsection H of this section.
A.R.S. § 28-1301 — Arizona Code / Title 28 / Chapter 4 / Article 1 / Section 1301
28-1301 Definitions
Status: in_force

28-1301. Definitions

In this chapter, unless the context otherwise requires:

1. "Certified ignition interlock device" means an ignition interlock device that is certified pursuant to article 5 of this chapter.

2. "Circumvent" or "circumvention" means an attempted or successful bypass of the proper functioning of a certified ignition interlock device and includes all of the following:

(a) The bump start of a motor vehicle with a certified ignition interlock device.

(b) The introduction of a false sample other than a deep-lung breath sample from the person driving the motor vehicle.

(c) The introduction of an intentionally contaminated or a filtered breath sample.

(d) The intentional disruption or blocking of a digital image identification device.

(e) The continued operation of the motor vehicle after the certified ignition interlock device detects breath alcohol exceeding the presumptive limit prescribed in section 28-1381, subsection G, paragraph 3 or, if the person is under twenty-one years of age, any attempt to operate the motor vehicle with any spirituous liquor in the person's body.

(f) Operating a motor vehicle without a properly functioning certified ignition interlock device.

(g) Allowing a person other than the person who is required to maintain a functioning certified ignition interlock device pursuant to this chapter to breathe into the certified ignition interlock device for the purpose of providing a breath alcohol sample to start the motor vehicle or for the rolling retest.

3. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle either:

(a) Has either a gross combined weight rating or a gross weight of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating or gross weight of more than ten thousand pounds, whichever is greater.

(b) Has either a gross vehicle weight rating or a gross weight of twenty-six thousand one or more pounds, whichever is greater.

(c) Is a school bus.

(d) Is a bus.

(e) Is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation act (49 United States Code sections 5101 through 5127) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title.

4. "Education" means a program in which a person participates in at least sixteen hours of classroom instruction relating to alcohol or other drugs.

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

6. "Ignition interlock device" means a device that is based on alcohol specific electrochemical fuel sensor technology that meets the national highway traffic safety administration specifications, that connects a breath analyzer to a motor vehicle's ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the motor vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person's breath is below a preset level.

7. "Ignition interlock service provider" means a person who is an authorized representative of a manufacturer and who is under contract with the department to install or oversee the installation of ignition interlock devices by the provider's authorized agents or subcontractors and to provide services to the public related to ignition interlock devices.

8. "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.

9. "Manufacturer" means a person or an organization that is located in the United States, that is responsible for the design, construction or production of an ignition interlock device and that is certified by the department to offer ignition interlock devices for installation in motor vehicles in this state.

10. "Rolling retest" means a breath alcohol test that is required of a person at random intervals after the motor vehicle is started and that is in addition to the initial test required to start the motor vehicle.

11. "Screening" means a preliminary interview and assessment of an offender to determine if the offender requires alcohol or other drug education or treatment.

12. "Tampering" means an overt or conscious attempt to physically disable or otherwise disconnect the certified ignition interlock device from its power source that allows the operator to start the engine without taking and passing the requisite breath test.

13. "Technician" means a person who is certified and properly trained by an ignition interlock service provider to install, inspect, repair, calibrate, service or remove certified ignition interlock devices.

14. "Treatment" means a program consisting of at least twenty hours of participation in a group setting dealing with alcohol or other drugs in addition to the sixteen hours of education.
A.R.S. § 28-7512 — Arizona Code / Title 28 / Chapter 21 / Article 1 / Section 7512
28-7512 Agreement of state
Status: in_force

28-7512. Agreement of state

A. This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the rights vested in the board to collect the fees, excises and taxes as may be necessary to produce sufficient revenue to meet the expense of the state highway system and to fulfill the terms of any agreements made with the holders of the bonds or in any way impair the rights and remedies of the bondholders, until all bonds issued under this article, interest on the bonds, interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders are fully met and discharged.

B. The board as agent for this state may include this pledge and undertaking by this state in its resolutions and indentures securing its bonds.
A.R.S. § 28-952 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 952
28-952 Required brake equipment
Status: in_force

28-952. Required brake equipment

A. The following brake equipment is required:

1. A motor vehicle, other than a motorcycle, all-terrain vehicle or motor driven cycle, if it is operated on a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two separate means of applying the brakes, each of which means is effective to apply the brakes to at least two wheels.  If these two separate means of applying the brakes are connected in any way, they shall be constructed so that failure of any one part of the operating mechanism does not leave the motor vehicle without brakes on at least two wheels.

2. A motorcycle, an all-terrain vehicle and every motor driven cycle when operated on a highway shall be equipped with at least one brake that may be operated by hand or foot.

3. When it is operated on a highway a trailer or semitrailer with a gross weight of three thousand pounds or more shall be equipped with brakes that are adequate to control the movement of and to stop and to hold the vehicle and that are designed to either be applied by the driver of the towing motor vehicle from its cab or be of a type that operates automatically when the service brakes of the towing motor vehicle are applied. The brakes shall be designed and connected so that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied, except that brakes are not required on all wheels of a truck that is being towed as a semitrailer and that is being towed in a drive-away, tow-away operation, if the combination of vehicles is capable of complying with all state and federal brake performance requirements.  Only those brakes on the vehicle being towed need to be operative as may be necessary to ensure compliance with the performance requirements.

4. A new motor vehicle, trailer or semitrailer, except a motorcycle, all-terrain vehicle or motor driven cycle, sold in this state and operated on the highways shall be equipped with service brakes on all wheels of the vehicle, except that a semitrailer or trailer with a gross weight of less than three thousand pounds need not be equipped with brakes.

5. In any combination of motor drawn vehicles, means shall be provided for either or both of the following if capable of being used alternatively:

(a) Applying the rearmost trailer brakes of a trailer equipped with brakes in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate.

(b) Applying braking effort first on the rearmost trailer equipped with brakes.

6. A motor vehicle and combination of vehicles manufactured or sold in this state after July 1, 1964, except motorcycles, all-terrain vehicles and motor driven cycles, shall be equipped with parking brakes that are:

(a) Adequate to hold the vehicle on any grade on which it is operated under all conditions of loading on a surface free from snow, ice or loose material.

(b) Capable of being applied in conformance with the requirements of subdivision (a) of this paragraph by the driver's muscular effort, by spring action or by equivalent means.  The operation of the parking brakes may be assisted by the service brakes or other source of power, if failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements.

(c) Designed so that when the brakes are applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.

7. The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes.  If the means of applying the parking brakes and the service brakes are connected in any way, they shall be constructed so that failure of any one part does not leave the vehicle without operative brakes.

8. The brake shoes operating within or on the drums on the vehicle wheels of a motor vehicle may be used for both service and hand operation.

B. At all times, under all conditions of loading, on a dry, smooth, level road free from loose material and on application of the service or foot brake, a motor vehicle or combination of motor drawn vehicles shall be capable of being stopped within the distances specified below or of being decelerated at a sustained rate corresponding to these distances:

Feet to stop      Deceleration

from 20 miles     in feet

per hour    per second

Vehicles or combinations of

vehicles having brakes on

all wheels      30    14

Vehicles or combinations of

vehicles not having brakes

on all wheels   40    10.7

C. Brakes shall be maintained in good working order and shall be adjusted to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
A.R.S. § 28-1854 — Arizona Code / Title 28 / Chapter 6 / Article 3 / Section 1854
28-1854 Compensation and expenses of administrator
Status: in_force

28-1854. Compensation and expenses of administrator

The compact administrator provided for in article VII of the driver license compact is not entitled to any additional compensation because of the administrator's services as administrator of the compact. The administrator shall be reimbursed for travel and other necessary expenses incurred in the performance of the administrator's official duties under the compact pursuant to title 38, chapter 4, article 2.
A.R.S. § 28-5104 — Arizona Code / Title 28 / Chapter 13 / Article 1 / Section 5104
28-5104 Bond requirement
Status: in_force

28-5104. Bond requirement

A. Except as provided in subsection F of this section and sections 28-5101.01 and 28-5101.02, a person who applies for authorization pursuant to this article shall submit with the application a bond in a form to be approved by the director and in an amount of at least $100,000 for each location.

B. A surety company authorized to transact business in this state shall execute the bond with the applicant as principal obligor on the bond and the state as obligee. The bond shall be conditioned that the applicant will faithfully comply with all of the provisions of law and that the bond is noncancellable without at least sixty days' prior notice to the director.  Any future liability of the surety company terminates on the director's termination of a third party's authorization.

C. The bond inures to the benefit of any person who suffers loss because of any of the following:

1. Nonpayment by the authorized person of any fee or tax paid to the third party by that person.

2. Insolvency or discontinuance of business.

3. Failure of the authorized third party to comply with the authorized third party's duties pursuant to this article.

D. The aggregate liability of a surety company for any breach of the conditions of a bond required pursuant to this section shall not exceed the amount of the bond.

E. The bond requirement of this section does not apply to:

1. A department, an agency or a political subdivision of this state.

2. A court of this state.

3. A law enforcement agency or department of this state.

4. A financial institution or enterprise under the jurisdiction of the department of insurance and financial institutions or a federal monetary authority.

5. The federal government or any of its agencies.

6. A motor vehicle dealer that is licensed and bonded by the department of transportation or a state organization of licensed and bonded motor vehicle dealers.

7. A manufacturer, an importer, a factory branch or a distributor licensed by the department of transportation.

8. An insurer under the jurisdiction of the department of insurance and financial institutions.

9. An owner or a registrant of a fleet of one hundred or more vehicles.

10. A public utility.

11. A tribal government.

12. An employer or association that has at least five hundred employees or members.

F. A towing company employee who conducts a level one motor vehicle inspection described in section 28-2011 and who applies for authorization pursuant to this article shall submit with the application a bond in a form to be approved by the director and in an amount of not more than $25,000. The bond issued pursuant to this subsection covers every location in which the towing company is located.
A.R.S. § 28-907 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 907
28-907 Child restraint system; civil penalty; exemptions; notice; child restraint fund; definitions
Status: in_force

28-907. Child restraint system; civil penalty; exemptions; notice; child restraint fund; definitions

A. Except as provided in subsection H of this section, a person shall not operate a motor vehicle on the highways in this state when transporting a child who is under five years of age unless that child is properly secured in a child restraint system.

B. The operator of a motor vehicle that is designed for carrying ten or fewer passengers, that is manufactured for the model year 1972 and thereafter and that is required to be equipped with an integrated lap and shoulder belt or a lap belt pursuant to the federal motor vehicle safety standards prescribed in 49 Code of Federal Regulations section 571.208 shall require each passenger who is at least five years of age, who is under eight years of age and who is not more than four feet nine inches tall to be restrained in a child restraint system.

C. Child restraint systems shall meet the requirements of 49 Code of Federal Regulations section 571.213 for the performance, design and installation of child restraint systems for use in motor vehicles as prescribed in this section.

D. A person who violates this section is subject to a civil penalty of $50, except that a civil penalty shall not be imposed if the person makes a sufficient showing that the motor vehicle has been subsequently equipped with a child restraint system that meets the standards adopted pursuant to subsection C of this section. A sufficient showing may include a receipt mailed to the appropriate court officer that evidences purchase or acquisition of a child restraint system. The court imposing and collecting the civil penalty shall deposit, pursuant to sections 35-146 and 35-147, the monies, exclusive of any surcharges imposed pursuant to sections 12-116.01 and 12-116.02, in the child restraint fund.

E. If a law enforcement officer stops a vehicle for an apparent violation of this section, the officer shall determine from the driver the age and height of the child or children in the vehicle to assess whether the child or children in the vehicle should be in child restraint systems.

F. If the information given to the officer indicates that a violation of this section has not been committed, the officer shall not detain the vehicle any further unless some additional violation is involved.  The stopping of a vehicle for an apparent or actual violation of this section is not probable cause for the search or seizure of the vehicle unless there is probable cause for another violation of law.

G. The requirements of this section or evidence of a violation of this section are not admissible as evidence in a judicial proceeding except in a judicial proceeding for a violation of this section.

H. This section does not apply to any of the following:

1. A person who operates a motor vehicle that was originally manufactured without passenger restraint devices.

2. A person who operates a motor vehicle that is also a recreational vehicle as defined in section 41-4001.

3. A person who operates a commercial motor vehicle and who holds a current commercial driver license issued pursuant to chapter 8 of this title.

4. A person who must transport a child in an emergency to obtain necessary medical care.

5. A person who operates an authorized emergency vehicle that is transporting a child for medical care.

6. A person who transports more than one child under eight years of age in a motor vehicle that because of the restricted size of the passenger area does not provide sufficient area for the required number of child restraint systems, if both of the following conditions are met:

(a) At least one child is restrained or seated as required by this section.

(b) The person has secured as many of the other children in child restraint systems pursuant to this section as is reasonable given the restricted size of the passenger area and the number of passengers being transported in the motor vehicle.

I. Before the release of any newly born child from a hospital, the hospital in conjunction with the attending physician shall provide the parents of the child with a copy of this section and information with regard to the availability of loaner or rental programs for child restraint systems that may be available in the community where the child is born.

J. The child restraint fund is established. The fund consists of all civil penalties deposited pursuant to this section and any monies donated by the public. The department of child safety shall administer the fund.

K. The department of child safety shall purchase child restraint systems that meet the requirements of this section from monies deposited in the fund. If a responsible agency requests child restraint systems and if they are available, the department of child safety shall distribute child restraint systems to the requesting responsible agency.

L. On the application of a person to a responsible agency on a finding by the responsible agency to which the application was made that the applicant is unable to acquire a child restraint system because the person is indigent and subject to availability, the responsible agency shall lend the applicant a child restraint system at no charge for as long as the applicant has a need to transport a child who is subject to this section.

M. Monies in the child restraint fund shall not exceed  $20,000. All monies collected over the $20,000 limit shall be deposited in the Arizona highway user revenue fund established by section 28-6533.

N. The parent or guardian of a child or other adult accompanying a child in the vehicle may be issued a citation for a violation of subsection A of this section that occurs in a fully autonomous vehicle operating with the automated driving system engaged.

O. For the purposes of this section:

1. "Child restraint system" means an add-on child restraint system, a built-in child restraint system, a factory-installed built-in child restraint system, a rear-facing child restraint system or a booster seat as defined in 49 Code of Federal Regulations section 571.213.

2. "Indigent" means a person who is defined as an eligible person pursuant to section 36-2901.01.

3. "Responsible agency" means a licensed hospital, a public or private agency providing shelter services to victims of domestic violence, a public or private agency providing shelter services to homeless families or a health clinic.
A.R.S. § 28-1179 — Arizona Code / Title 28 / Chapter 3 / Article 20 / Section 1179
28-1179 Off-highway vehicle equipment requirements; rule making; exception
Status: in_force

28-1179. Off-highway vehicle equipment requirements; rule making; exception

A. An off-highway vehicle in operation in this state shall be equipped with all of the following:

1. Brakes adequate to control the movement of the vehicle and to stop and hold the vehicle under normal operating conditions.

2. Lighted headlights and taillights that meet or exceed original equipment manufacturer guidelines if operated between one-half hour after sunset and one-half hour before sunrise.

3. Except when operating on a closed course, either a muffler or other noise dissipative device that prevents sound above ninety-six decibels.  The director shall adopt the current sound measurement standard of the society of automotive engineers for all-terrain vehicles and motorcycles and the current sound measurement standard of the international organization for standardization for all other off-highway vehicles.

4. A spark arrestor device that is approved by the United States department of agriculture and that is in constant operation except if operating on a closed course.

5. A safety flag that is at least six by twelve inches and that is attached to the off-highway vehicle at least eight feet above the surface of level ground, if operated on sand dunes or in areas designated by the managing agency.

B. A person who is under eighteen years of age may not operate an off-highway vehicle or be an off-highway vehicle passenger on public or state land unless the person is wearing a protective helmet that is properly fitted and fastened, that is designed for motorized vehicle use and that has a minimum United States department of transportation safety rating.

C. A person may not allow a person who is under eighteen years of age to operate an off-highway vehicle or be an off-highway vehicle passenger in violation of subsection B of this section.

D. Subsections B and C of this section do not apply to a child who is an off-highway vehicle passenger if both of the following occur:

1. The child is properly secured in a child restraint system pursuant to section 28-907.

2. The off-highway vehicle is equipped with a rollover protection system.

E. In consultation with the department, the Arizona game and fish commission may:

1. Adopt rules necessary to implement this section.

2. Prescribe additional equipment requirements not in conflict with federal laws.

F. This section does not apply to a private landowner or lessee performing normal agricultural or ranching practices while operating an all-terrain vehicle or an off-highway vehicle on the private or leased land in accordance with the landowner's or lessee's lease.
A.R.S. § 28-4088 — Arizona Code / Title 28 / Chapter 9 / Article 3 / Section 4088
28-4088 Duration, cancellation and return of proof
Status: in_force

28-4088. Duration, cancellation and return of proof

A. On request, the director shall either:

1. Consent to the immediate cancellation of a certificate of insurance.

2. Direct and the state treasurer shall return to the person who is entitled monies or certificates of deposit deposited pursuant to this chapter as proof of financial responsibility.

3. Waive the requirement of filing proof under any of the following circumstances:

(a) At any time after three years from the date the proof was required.

(b) The death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle.

(c) If the person who has given proof surrenders the person's license and registration to the director.

B. The director shall not consent to the return of monies or certificates of deposit if an action for damages on a liability covered by the proof is pending, if a judgment on that liability is unsatisfied or if the person who has deposited the monies or certificates of deposit has been involved as an operator or owner in a motor vehicle accident resulting in injury or damage to the person or property of others within one year immediately preceding the request. An affidavit of the applicant stating that these facts do not exist, that the applicant has been released from all of the applicant's liability or that the applicant has been finally adjudicated not liable for the injury or damage is sufficient evidence in the absence of evidence to the contrary in the records of the director.

C. If a person whose proof has been returned under subsection A, paragraph 3, subdivision (c) applies for a license or registration within three years from the date proof was originally required, the director shall refuse the application unless the applicant reestablishes the proof for the remainder of the three year period.
A.R.S. § 28-6991 — Arizona Code / Title 28 / Chapter 20 / Article 4 / Section 6991
28-6991 State highway fund; sources
Status: in_force

28-6991. State highway fund; sources

The state highway fund is established that consists of:

1. Monies distributed from the Arizona highway user revenue fund pursuant to chapter 18 of this title.

2. Monies appropriated by the legislature.

3. Monies received from donations for the construction, improvement or maintenance of state highways or bridges. These monies shall be credited to a special account and shall be spent only for the purpose indicated by the donor.

4. Monies received from counties or cities under cooperative agreements, including proceeds from bond issues. The state treasurer shall deposit these monies to the credit of the fund in a special account on delivery to the treasurer of a concise written agreement between the department and the county or city stating the purposes for which the monies are surrendered by the county or city, and these monies shall be spent only as stated in the agreement.

5. Monies received from the United States under an act of Congress to provide aid for the construction of rural post roads, but monies received on projects for which the monies necessary to be provided by this state are wholly derived from sources mentioned in paragraphs 2 and 3 of this section shall be allotted by the department and deposited by the state treasurer in the special account within the fund established for each project. On completion of the project, on the satisfaction and discharge in full of all obligations of any kind created and on request of the department, the treasurer shall transfer the unexpended balance in the special account for the project into the state highway fund, and the unexpended balance and any further federal aid thereafter received on account of the project may be spent under the general provisions of this title.

6. Monies in the custody of an officer or agent of this state from any source that is to be used for the construction, improvement or maintenance of state highways or bridges.

7. Monies deposited in the state general fund and arising from the disposal of state personal property belonging to the department.

8. Receipts from the sale or disposal of any or all other property held by the department and purchased with state highway monies.

9. Monies generated pursuant to section 28-410.

10. Monies distributed pursuant to section 28-5808, subsection B, paragraph 2, subdivision (d).

11. Monies deposited pursuant to sections 28-1143, 28-2353 and 28-3003.

12. Except as provided in section 28-5101, the following monies:

(a) Monies deposited pursuant to section 28-2206 and section 28-5808, subsection B, paragraph 2, subdivision (e).

(b) $1 of each registration fee and $1 of each title fee collected pursuant to section 28-2003.

(c) $2 of each late registration penalty collected by the director pursuant to section 28-2162.

(d) The air quality compliance fee collected pursuant to section 49-542.

(e) The special plate administration fees collected pursuant to sections 28-2404, 28-2407, 28-2412 through 28-2416, 28-2416.01, 28-2417 through 28-2470.39 and 28-2514.

(f) Monies collected pursuant to sections 28-372, 28-2155 and 28-2156 if the director is the registering officer.

13. Monies deposited pursuant to chapter 5, article 5 of this title.

14. Donations received pursuant to section 28-2269.

15. Dealer and registration monies collected pursuant to section 28-4304.

16. Abandoned vehicle administration monies deposited pursuant to section 28-4804.

17. Monies deposited pursuant to section 28-710, subsection D, paragraph 2.

18. Monies deposited pursuant to section 28-2065.

19. Monies deposited pursuant to section 28-7311.

20. Monies deposited pursuant to section 28-7059.

21. Monies deposited pursuant to section 28-1105.

22. Monies deposited pursuant to section 28-2448, subsection D.

23. Monies deposited pursuant to section 28-3415.

24. Monies deposited pursuant to section 28-3002, subsection A, paragraph 14.

25. Monies deposited pursuant to section 28-7316.

26. Monies deposited pursuant to section 28-4302.

27. Monies deposited pursuant to section 28-3416.

28. Monies deposited pursuant to section 28-4504.

29. Monies deposited pursuant to section 28-2098.

30. Monies deposited pursuant to sections 28-2321, 28-2324, 28-2325, 28-5474, 28-5739, 28-5863 and 28-5864.
A.R.S. § 28-7760 — Arizona Code / Title 28 / Chapter 22 / Article 2 / Section 7760
28-7760 Administrative hearings; rehearing; appeal; collection
Status: in_force

28-7760. Administrative hearings; rehearing; appeal; collection

A. A toll operator that seeks to enforce collection of tolls, administrative charges and penalties, or a person who is subject to a notice of toll evasion that is delivered or deemed to be delivered pursuant to section 28-7759 and who seeks to contest the alleged toll evasion and collection of associated tolls, administrative charges and penalties, may file a petition for an administrative hearing with the department pursuant to title 41, chapter 6, article 6 and administrative hearing rules adopted by the department.

B. A toll operator or a person who is subject to a notice of toll evasion that is delivered or deemed to be delivered pursuant to section 28-7759 must file a petition for an administrative hearing within one year after the deadline prescribed in the notice of toll evasion.

C. If a toll operator files a petition for an administrative hearing, a person who is subject to a notice of toll evasion that is delivered or deemed to be delivered to that person pursuant to section 28-7759 may contest the alleged toll evasion and associated tolls, administrative charges and penalties exclusively at this hearing.

D. The scope of the department's administrative hearing is limited to the contest of tolls, administrative charges and penalties identified in the notice of toll evasion.

E. A toll operator or any person who is subject to a notice of toll evasion may retain legal counsel to represent the toll operator or person who is subject to the notice of toll evasion in the administrative hearing.

F. Any party to an administrative hearing pursuant to this section may request a continuance of the administrative hearing pursuant to rules adopted by the department.

G. If the evidence presented by the toll operator includes all of the following, the evidence constitutes prima facie evidence of the toll evasion and the amounts stated in the notice of toll evasion:

1. The notice of payment due.

2. The notice of toll evasion.

3. Information received from the department or any other state agency or jurisdiction that identifies the registered owner of the motor vehicle.

4. A certificate sworn to or affirmed by a person employed, engaged or authorized by the toll operator or a copy of the certificate that states to the person's personal knowledge that all of the following apply:

(a) The notice of payment due and the notice of toll evasion are authentic.

(b) The amount due is accurate.

(c) The notice of payment due and notice of toll evasion were delivered as required by this article.

5. If the person identified in the notice of toll evasion is a lessee, a copy of the rental agreement, lease, contract document or affidavit that identifies the lessee of the motor vehicle at the time of the alleged toll nonpayment.

6. If the person identified in the notice of toll evasion is a transferee of title to the motor vehicle, a copy of the assignment of title or interest and warranty to the transferee that evidences a date of transfer before the date of the alleged toll nonpayment.

H. The person authorized to issue a notice of payment due or notice of toll evasion is not required to participate in the administrative hearing and is not subject to subpoena, except that the hearing officer may permit a deposition to be taken and introduced into the record of the evidentiary hearing. If the deposed person does not appear, the sworn statements contained in the deposition are admissible in evidence at the administrative hearing.

I. If a toll operator petitions for an administrative hearing and the person to whom the notice of toll evasion is delivered or deemed delivered pursuant to section 28-7759 fails to appear at the time of hearing to contest the alleged toll evasion:

1. The hearing officer shall make a record of the evidence constituting a prima facie case of toll evasion and shall enter a written decision or order based on the evidence presented by the toll operator.

2. A request for rehearing by a nonappearing party shall not be considered unless the nonappearing party first deposits the full amount awarded in the previous written decision or order with the department or its designee, except that the hearing officer may waive the deposit for good cause shown for failure to appear at the hearing.

J. Unless the hearing officer grants a rehearing on written motion of the nonappearing party or unless any aggrieved party appeals the decision or order entered as provided in this subsection, the decision or order is final and may be enforced by execution and levy in the same manner as a judgment of the superior court.  The nonprevailing party may appeal the decision or order to the superior court pursuant to title 12, chapter 7, article 6.  After a decision or order becomes final, each person determined in the final decision or order to be liable for the toll evasion is considered to be indebted to the toll operator or the toll operator's designee for the tolls, administrative charges and penalties as well as any assessed filing fees and postaward collection and execution costs provided by operation of law until those amounts are fully paid or compromised in a mutually agreed settlement.

K. Promptly after a hearing officer enters a decision or order finding a person liable for a toll evasion, the hearing officer shall deliver in person or to the last known address of the person and the person's attorney of record in the proceeding, if any, written notice informing the person of the person's right to appeal to the superior court pursuant to title 12, chapter 7, article 6, that execution may be levied against the person's assets, that liens may be placed against the person's property, that the person's wages may be garnished and that other steps may be taken to satisfy the award once it becomes final.  Subject to any stay or injunction, the toll operator may proceed to execute on the award following delivery of this notice.

L. On entry of a decision or order finding a person liable for a toll evasion, a hearing officer shall direct the person to remit payment of the applicable tolls, administrative charges and penalties to the appropriate toll operator or the toll operator's designee.  The payment is due within twenty calendar days after entry of the decision or order.

M. Execution may be levied and other steps may be taken for the collection of a final decision or order, or of a judgment on appeal, as authorized for the collection of an unpaid civil judgment of the superior court entered against a defendant in an action on a debt.
A.R.S. § 28-3512 — Arizona Code / Title 28 / Chapter 8 / Article 9 / Section 3512
28-3512 Release of vehicle; civil penalties; definition
Status: in_force

28-3512. Release of vehicle; civil penalties; definition

A. An immobilizing or impounding agency shall release a vehicle before the end of the immobilization or impoundment period as follows:

1. To the registered owner, if the vehicle is a stolen vehicle.

2. To the registered owner, if the vehicle is subject to bailment and is driven by an employee of a business establishment, including a parking service or repair garage, who is subject to section 28-3511, subsection A, B or C.

3. To the registered owner, if the owner was operating the vehicle at the time of removal and either immobilization or impoundment and presents proof satisfactory to the immobilizing or impounding agency that the owner's driving privilege has been reinstated.

4. To the registered owner, if all of the following apply:

(a) The owner or the owner's agent was not the person driving the vehicle pursuant to section 28-3511, subsection A.

(b) The owner or the owner's agent is in the business of renting motor vehicles without drivers.

(c) The vehicle is registered pursuant to section 28-2166.

(d) There was a rental agreement in effect at the time of the immobilization or impoundment.

5. Except as provided in paragraph 7 of this subsection, to the spouse of the registered owner or any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the spouse or person was not the driver of the vehicle at the time of removal and either immobilization or impoundment and the spouse or person enters into an agreement with the immobilizing or impounding agency that stipulates that if the spouse or person allows a driver who does not have a valid driving privilege or a driver who commits a violation that causes the spouse's or person's vehicle to be removed and either immobilized or impounded pursuant to this article within one year after any agreement is signed by an immobilizing or impounding agency, the spouse or person will not be eligible to obtain release of the spouse's or person's vehicle before the end of the immobilization or impoundment period.

6. To the motor vehicle dealer, if the vehicle is owned by a motor vehicle dealer who has paid fees pursuant to section 28-4302 and is driven by a customer, potential customer or employee of the motor vehicle dealer and the motor vehicle dealer has provided to the immobilizing or impounding agency indicia of the motor vehicle dealer's ownership of the vehicle, including a certificate of title or a manufacturer-issued certificate or statement of origin.

7. To any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the vehicle is a commercial motor vehicle, a street sweeper or heavy equipment as defined in section 28-854 and the person was not the driver of the vehicle at the time of removal and either immobilization or impoundment.

B. A vehicle shall not be released pursuant to subsection A of this section except pursuant to an immobilization or a poststorage hearing under section 28-3514 or if all of the following are presented to the immobilizing or impounding agency:

1. The owner's or owner's spouse's currently valid driver license issued by this state or the owner's or owner's spouse's state of domicile.

2. Proof of current vehicle registration or a valid salvage or dismantle certificate of title.

3. Proof that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

4. If the person is required by the department to install a certified ignition interlock device on the vehicle, proof of installation of a functioning certified ignition interlock device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device.  The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device.

C. The owner or the owner's spouse if the vehicle is released to the owner's spouse is responsible for paying all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28-3513, unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges.

D. Before the end of the immobilization or impoundment period, the immobilizing or impounding agency shall release a vehicle to 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 if all of the following conditions are met:

1. The person is either of the following:

(a) In the business of renting motor vehicles without drivers and the vehicle is registered pursuant to section 28-2166.

(b) A motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this state or is another person who is not the owner and who holds a security interest in the vehicle immediately before the immobilization or impoundment.

2. The person pays all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28-3513 unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency.  If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges.

3. The person presents foreclosure documents or an affidavit of repossession of the vehicle.

4. The person requesting release of the vehicle was not the person driving the vehicle at the time of removal and immobilization or impoundment.

E. Before a person described in subsection D of this section releases the vehicle to the owner who was operating the vehicle at the time of removal and immobilization or impoundment, the person described in subsection D of this section shall require the owner to present and shall retain for a period of at least three years from the date of releasing the vehicle a copy of all of the following:

1. A driver license issued by this state or the owner's or owner's agent's state of domicile.

2. A current vehicle registration or a valid salvage or dismantle certificate of title.

3. Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

F. The person described in subsection D of this section may require the owner to pay charges that the person incurred in connection with obtaining custody of the vehicle, including all immobilization, towing and storage charges that are related to the immobilization or impoundment of the vehicle and any administrative charges that are established pursuant to section 28-3513.

G. A vehicle shall not be released after the end of the immobilization or impoundment period unless the owner or owner's agent presents all of the following to the impounding or immobilizing agency:

1. A valid driver license issued by this state or by the owner's or owner's agent's state of domicile.

2. A current vehicle registration or a valid salvage or dismantle certificate of title.

3. Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

4. If the person is required by the department to install a certified ignition interlock device on the vehicle, proof of installation of a functioning certified ignition interlock device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device.

H. The storage charges relating to the impoundment of a vehicle pursuant to this section shall be subject to a contractual agreement between the impounding agency and a towing firm for storage services pursuant to section 41-1830.51 and shall be $25 for each day of storage, including any time the vehicle remains in storage after the end of the impoundment period.

I. The immobilizing or impounding agency shall have no lien or possessory interest in a stolen vehicle if the theft was reported to the appropriate law enforcement agency. The immobilizing or impounding agency shall release the vehicle to the owner or person other than the owner as identified in subsection D of this section even if the operator at the time of immobilization or impoundment has not paid all immobilization, towing, storage and administrative charges.

J. A person who enters into an agreement pursuant to subsection A, paragraph 5 of this section and who allows another person to operate the vehicle in violation of the agreement is responsible for a civil traffic violation and shall pay a civil penalty of at least $250.

K. A person described in subsection D, paragraph 1 of this section who violates subsection E of this section is responsible for a civil traffic violation and shall pay a civil penalty of at least $250.

L. For the purposes of this section, "certified ignition interlock device" has the same meaning prescribed in section 28-1301.
A.R.S. § 28-1401 — Arizona Code / Title 28 / Chapter 4 / Article 3.1 / Section 1401
28-1401 Special ignition interlock restricted driver licenses; application fee
Status: in_force

28-1401. Special ignition interlock restricted driver licenses; application fee

A. A person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first refusal pursuant to section 28-1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28-1383, subsection A, paragraph 3 may apply to the department for a special ignition interlock restricted driver license that allows the person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions of the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person's privilege to operate a motor vehicle has been restricted, suspended or revoked and the offense involved only alcohol or, if the person's alcohol concentration is 0.08 or more, a combination of drugs and alcohol pursuant to any of the following:

1. Section 28-1321, if the person meets the criteria of section 28-1321, subsection P.

2. Section 28-1381, if the person meets the criteria of section 28-1381, subsection O and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

3. Section 28-1382, if the person meets the criteria of section 28-1382, subsection H and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

4. Section 28-1383, if the person meets the criteria of section 28-1383, subsection L and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

5. Section 28-1385, if the person meets the criteria of section 28-1385, subsection I.

B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.

C. The department shall issue a special ignition interlock restricted driver license during the period of a court-ordered restriction pursuant to sections 28-3320 and 28-3322 subject to the certified ignition interlock requirements prescribed in article 5 of this chapter.

D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.
A.R.S. § 28-1871 — Arizona Code / Title 28 / Chapter 6 / Article 4 / Section 1871
28-1871 Definitions
Status: in_force

28-1871. Definitions

In this article, unless the context otherwise requires:

1. "Jurisdiction executive" means the governor of this state.

2. "Licensing authority" means the department.
A.R.S. § 28-8347 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8347
28-8347 Civil penalties
Status: in_force

28-8347. Civil penalties

The director may impose a civil penalty against a person required to register an aircraft under this article as follows:

1. In an amount of not more than five hundred dollars against a person who wilfully makes or gives under oath or affirmation a false statement regarding aircraft owned by, leased by or under the control of the person.

2. By assessment of twice the value of the license tax imposed on the aircraft for that year against a person who wilfully conceals, removes, transfers or misrepresents the ownership of the aircraft by the owner or agent of the owner with the purpose of evading taxation.

3. In an amount of not more than two hundred dollars against a person who either:

(a) Gives the registrar or deputy registrar a false name.

(b) Fails or refuses to give the person's name or a list of aircraft owned by, leased by or under the control of the person.

(c) Refuses to swear or affirm to the list.

4. If a statement is required to be made for imposing an assessment or tax, in an amount of not more than two hundred dollars against a person who wilfully makes an oral or written false statement that is not made under oath.
A.R.S. § 28-5105 — Arizona Code / Title 28 / Chapter 13 / Article 1 / Section 5105
28-5105 Criminal records check; denial of application; immunity from costs
Status: in_force

28-5105. Criminal records check; denial of application; immunity from costs

A. Except as provided by subsection B of this section, each applicant who owns twenty percent or more of an entity, each partner or stockholder who owns twenty percent or more of an entity and each person who is an employee of an authorized third party who has access to personal information as defined in section 28-440 obtained from the department or a customer of the department or monies collected on behalf of this state, and who seeks authorization or certification, or both, pursuant to this article shall provide:

1. A full set of fingerprints to the department of transportation for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

2. A nonrefundable fee to be paid to the department of public safety for the criminal records check.

B. Each employee of an authorized third party who conducts vehicle inspections on behalf of this state shall provide:

1. A full set of fingerprints to the department of transportation for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

2. A nonrefundable fee to be paid to the department of public safety for the criminal records check.

C. The director may deny an application for authorization or certification, or both, if any individual included in the application has either:

1. Made a misrepresentation or misstatement in the application to conceal a matter that would cause the application to be denied.

2. Been convicted of fraud or an auto-related felony in any state, territory or possession of the United States or any foreign country within the ten years immediately preceding the date the criminal records check is complete.

3. Been convicted of a felony, other than a felony described in paragraph 2 of this subsection, in a state, territory or possession of the United States or a foreign country within the five years immediately preceding the date the criminal records check is complete.

4. Violated a rule or policy of the department.

5. Been involved in any activity that the director determines to be inappropriate in relation to the authority granted.

D. The director may approve an application for provisional authorization or certification, or both, pending completion of the criminal records check if the applicant meets all other requirements of this article. The director may revoke a provisional authorization or certification, or both, for a violation of this title. A provisional authorization or certification, or both, is valid unless revoked by the director or until the applicant receives approval or denial of the application for authorization or certification, or both.

E. Within twenty days of completion of the criminal records check, the director shall approve or deny the application. If the application is denied, the director shall advise the applicant in writing of the denial and the grounds for denial.  The department or its employees are not liable for any costs incurred by an applicant seeking authorization or certification, or both, under this article.

F. Within thirty days after receipt of the notice of denial, the applicant may petition the director in writing for a hearing on the application pursuant to section 28-5107.

G. If the authorized third party adds a partner or stockholder who owns twenty percent or more of the entity and who was not included in the criminal records check on a prior application, the authorized third party shall notify the department within thirty days of the change.

H. At the time of notification pursuant to subsection G of this section, the third party shall submit to the department of transportation an application and, if applicable, a full set of fingerprints and the fee to be paid to the department of public safety for a criminal records check.  On completion of the investigation if the individual added or changed by the authorized third party is found to be ineligible pursuant to subsection C of this section, the director of the department of transportation shall advise the authorized third party and the individual in writing of the grounds for the action and that the authorization will be revoked unless the individual is removed from the position.

I. The requirement for a criminal records check does not apply to an applicant who is seeking third-party authorization and who is:

1. A department, agency or political subdivision of this state.

2. A court of this state.

3. A law enforcement agency or department of this state.

4. A financial institution or enterprise under the jurisdiction of the department of insurance and financial institutions or a federal monetary authority.

5. The federal government or any of its agencies.

6. A motor vehicle dealer that is licensed and bonded by the department of transportation or a state organization of licensed and bonded motor vehicle dealers.

7. A manufacturer, importer, factory branch or distributor licensed by the department of transportation.

8. An insurer under the jurisdiction of the department of insurance and financial institutions.

9. An owner or registrant of a fleet of one hundred or more vehicles.

10. A public utility.

11. A tribal government.

12. An employer or association that has at least five hundred employees or members.

J. For the purposes of this section, personal information does not include information received pursuant to section 28-872.
A.R.S. § 28-8287 — Arizona Code / Title 28 / Chapter 25 / Article 3 / Section 8287
28-8287 Second offense
Status: in_force

28-8287. Second offense

A. If a person is convicted of a second violation of section 28-8282 or is convicted of a violation of section 28-8282 and has previously been convicted of an act in another state that if committed in this state would be a violation of section 28-8282 within a period of sixty months:

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

2. The person shall be sentenced to serve not less than sixty days in jail.

3. The court shall order the person to pay a fine of not less than five hundred dollars.

4. The court shall not grant probation to or suspend any part or all of the imposition or execution of any sentence required by this subsection, except on the condition that the person serve not less than sixty days in jail and pay a fine of not less than five hundred dollars.

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

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

7. The person shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.

B. The dates of the commission of the offense are the determining factor in applying this section.

C. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.
A.R.S. § 28-873 — Arizona Code / Title 28 / Chapter 3 / Article 13 / Section 873
28-873 Stopping, standing or parking prohibitions; exceptions; definition
Status: in_force

28-873. Stopping, standing or parking prohibitions; exceptions; definition

A. Except if necessary to avoid conflict with other traffic or if in compliance with law or the directions of a police officer or traffic control device, a person shall not stop, stand or park a vehicle in any of the following places:

1. On a sidewalk.

2. In a private driveway if any part of the vehicle or an attachment to the vehicle, including a hitch or trailer, blocks an area of a sidewalk and impedes continuous pedestrian use of the sidewalk in a manner that is not consistent with the Americans with disabilities act as defined in section 41-1492.  This paragraph does not apply if the vehicle is temporarily parked for the purposes of loading or unloading the vehicle.

3. In front of a public or private driveway, except that this paragraph does not apply to a vehicle or the driver of a vehicle engaged in the official delivery of the United States mail if both of the following apply:

(a) The driver does not leave the vehicle.

(b) The vehicle is stopped only momentarily.

4. Within an intersection.

5. Within fifteen feet of a fire hydrant.

6. On a crosswalk.

7. Within twenty feet of a crosswalk at an intersection.

8. Within thirty feet on the approach to any flashing beacon, stop sign, yield sign or traffic control signal located at the side of a roadway.

9. Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless the director or a local authority indicates a different length by signs or markings.

10. Within fifty feet of the nearest rail or a railroad crossing or within eight feet six inches of the center of any railroad track, except while a motor vehicle with motive power attached is loading or unloading railroad cars.

11. Within twenty feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of the entrance when properly posted.

12. Alongside or opposite a street excavation or obstruction when stopping, standing or parking would obstruct traffic.

13. On the roadway side of a vehicle stopped or parked at the edge or curb of a street.

14. On a bridge or other elevated structure on a highway or within a highway tunnel.

15. At any place where official signs prohibit standing or stopping.

16. On a controlled access highway except:

(a) For emergency reasons.

(b) In areas specifically designated for parking such as rest areas.

B. A local authority may allow motor vehicles providing a public entity's public transportation service to stop on a state highway or state route for the purpose of allowing passengers to enter or exit if all of the following apply:

1. The local authority that has jurisdiction over the location of the proposed stopping point conducts a traffic and engineering investigation to determine whether passengers are able to safely enter or exit public transportation vehicles at the proposed stopping point.

2. The local authority that conducts the traffic and engineering investigation pursuant to paragraph 1 of this subsection submits the results of the investigation to the director for review and approval of the proposed stopping point.

3. The driver does not leave the vehicle.

4. The vehicle is stopped only long enough to load and unload passengers.

5. The vehicle engages four-way hazard flashers.

6. The roadway has a posted speed limit that does not exceed fifty-five miles per hour.

7. The roadway has signed or signalized intersection controls within a jurisdictionally confined boundary.

8. The vehicle is clearly marked as a public transportation vehicle.

9. As determined by the director in conjunction with the local authority, the driver drives the vehicle into a pullout or uses any other available method that limits the vehicle from interfering with traffic on the roadway.

C. For the purposes of this section, "public transportation vehicle" means any vehicle that either:

1. Is owned or operated by a public entity.

2. Is operated under a contract with a public entity.
A.R.S. § 28-1151 — Arizona Code / Title 28 / Chapter 3 / Article 19 / Section 1151
28-1151 Violation; civil penalty
Status: in_force

28-1151. Violation; civil penalty

A person who operates, moves or leaves standing on a highway a vehicle or a vehicle carrying or transporting cargo in violation of an envelope permit is subject to a civil penalty of $750.
A.R.S. § 28-7763 — Arizona Code / Title 28 / Chapter 22 / Article 2 / Section 7763
28-7763 Driver license suspension
Status: in_force

28-7763. Driver license suspension

The department shall suspend the license of a driver on a showing by department records or other sufficient evidence that the licensee is subject to a final decision, order or judgment of liability for toll evasion for the longer of the following:

1. Thirty days.

2. Until 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. § 28-7212 — Arizona Code / Title 28 / Chapter 20 / Article 8 / Section 7212
28-7212 Disposition; joint action
Status: in_force

28-7212. Disposition; joint action

A. The part of a county roadway that is the boundary line between two counties shall not be disposed of except by joint action of the boards of supervisors of both counties.

B. The part of a state or county roadway that is a boundary line of an incorporated city or town or that is a state or county highway within an incorporated city or town shall not be disposed of except by joint action of the governing bodies of the city or town and the county or this state. Notwithstanding this subsection but subject to the obligations of the contract, a county board of supervisors or this state may abandon a county or state highway within an incorporated city or town by resolution.
A.R.S. § 28-7686 — Arizona Code / Title 28 / Chapter 21 / Article 6 / Section 7686
28-7686 Refunding
Status: in_force

28-7686. Refunding

A political subdivision may issue highway project advancement notes to refund highway project advancement notes previously issued and other obligations if the proceeds of the previously issued highway project advancement notes and other obligations were or are applied to the financing of the advance to which the highway project advance agreement relates.
A.R.S. § 28-2204 — Arizona Code / Title 28 / Chapter 7 / Article 6 / Section 2204
28-2204 Department as registering officer; vehicle license tax distribution; definition
Status: in_force

28-2204. Department as registering officer; vehicle license tax distribution; definition

A. Except as provided in section 28-5101, the department is the registering officer for the initial application for registration and subsequent renewal application of fleet registrants. In the application for registration the applicant shall group vehicles by county of domicile.

B. The director shall distribute the vehicle license tax based on the county of domicile using the distribution formula prescribed in section 28-5808.

C. For the purposes of this section, "domicile" means the place from which a vehicle is most commonly dispatched or controlled.
A.R.S. § 28-2470.01 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.01
28-2470.01 Empowering today's youth special plates; fund
Status: in_force

28-2470.01. Empowering today's youth special plates; fund

A. If, by December 31, 2021, a person pays $32,000 to the department for the implementation of this section, the department shall issue empowering today's youth special plates. The person that provides the $32,000 shall design the empowering today's youth special plates. The design and color of the empowering today's youth special plates are subject to the approval of the department.  The director may allow a request for empowering today's youth 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 empowering today's youth special plates.

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

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

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

E. The director shall annually allocate monies from the empowering today's youth special plate fund, excluding administrative fees, to a foundation that satisfies all of the following requirements:

1. Is a charitable organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes.

2. Provides financial support for a youth development organization of the land grant university system in this state that has the following mission mandates:

(a) Agriculture.

(b) Science, technology, engineering and mathematics.

(c) Civic engagement.

(d) Healthy living.

3. Was incorporated in 1970 as a nonprofit educational organization by a group of this state's agricultural, civic and corporate leaders.

4. Gives today's youth an extra edge for life success through hands-on, research-based educational programs and opportunities.

5. Serves youths who are five through eighteen years of age in all fifteen counties in this state and in at least five tribal nations.

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. § 28-1402 — Arizona Code / Title 28 / Chapter 4 / Article 3.1 / Section 1402
28-1402 Issuance of special ignition interlock restricted driver license
Status: in_force

28-1402. Issuance of special ignition interlock restricted driver license

A. On application pursuant to section 28-1401, subsection A the department may, and pursuant to section 28-1401, subsection C the department shall, issue a special ignition interlock restricted driver license that only allows a person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first refusal pursuant to section 28-1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28-1383, subsection A, paragraph 3 to operate a motor vehicle that is equipped with a functioning certified ignition interlock device.

B. The department may only issue a special ignition interlock restricted driver license to an applicant who is otherwise qualified by law.

C. Except as provided in section 28-1463, if the department suspends, revokes, cancels or otherwise rescinds a person's special ignition interlock restricted license or privilege for any reason, the department shall not issue a new license or reinstate the special ignition interlock restricted driver license during the prescribed period of suspension or revocation or while the person is otherwise ineligible to receive a license.