A.R.S. § 28-5807 — Arizona Code / Title 28 / Chapter 16 / Article 3 / Section 5807
28-5807 Registration period; proration; retroactive collection
Status: in_force

28-5807. Registration period; proration; retroactive collection

A. The director shall initially register a vehicle with a registration expiration of twelve months from the last day of the month in which the vehicle was initially purchased.

B. The director may register or reregister a vehicle for less than twelve months and prorate the annual vehicle license tax if the director determines proration tends to fulfill the purpose of the monthly registration system.

C. The director shall not collect a vehicle license tax retroactively for any period that the vehicle was not registered if the current owner of the vehicle was not the owner of the vehicle during any part of the period in which the vehicle was not registered.
A.R.S. § 28-5938 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5938
28-5938 Violation; classification
Status: in_force

28-5938. Violation; classification

A. A disclosure of confidential information in violation of section 28-5935, 28-5936 or 28-5937 is a class 1 misdemeanor.

B. A knowing disclosure of confidential information is a class 6 felony.
A.R.S. § 28-4491 — Arizona Code / Title 28 / Chapter 10 / Article 6 / Section 4491
28-4491 Enforcement powers
Status: in_force

28-4491. Enforcement powers

Notwithstanding sections 28-4494 and 28-4495, in the enforcement of any law pertaining to licensed or unlicensed dealers or automotive recyclers, the director may conduct hearings pursuant to title 41, chapter 6, article 6, take testimony and conduct investigations as the director deems necessary.
A.R.S. § 28-8472 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8472
28-8472 Permit; variance; condition; hazard indicators
Status: in_force

28-8472. Permit; variance; condition; hazard indicators

In granting a permit or variance under section 28-8470 or 28-8471, the administrative agency or board of adjustment, if it deems the action advisable to fulfill the purposes of this article and reasonable in the circumstances, may place a condition on the permit or variance that requires the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate and maintain markers and lights on the structure or tree as necessary to indicate the presence of an airport hazard.
A.R.S. § 28-2401 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2401
28-2401 Definitions
Status: in_force

28-2401. Definitions

In this article, unless the context otherwise requires:

1. "Immediate family member" means a spouse or a parent, child, brother or sister whether by adoption or blood.

2. "Special plates" means plates issued pursuant to this article.
A.R.S. § 28-7053 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7053
28-7053 Misuse of public highway or airport; violation; classification; injunction; definition
Status: in_force

28-7053. Misuse of public highway or airport; violation; classification; injunction; definition

A. A person who commits or causes to be committed any of the following acts is guilty of a petty offense:

1. Places or maintains an encroachment or obstruction on, makes any use of or otherwise occupies a public highway or airport of this state or any of its political subdivisions for any purpose other than for authorized public travel, communication, transportation or transmission, except as otherwise provided in this section.

2. Places or maintains an encroachment or obstruction on, uses, occupies, damages or otherwise interferes with a public highway, airport or public bridge, causeway, viaduct, trestle or dam, unless either:

(a) Authorized by the director, if it is a state highway or structure or airport facility.

(b) Authorized by the governing body of the political subdivision in which the act is committed, if it is not a state highway or structure or airport facility.

3. Knowingly molests or destroys any part, projection, structure, appurtenance or accessory of a public highway or airport or destroys or otherwise interferes with a drainage ditch constructed for the protection of a public highway or airport or a dike, ditch, levee or jetty or an embankment appurtenant to a drainage ditch constructed for the protection of a public highway or airport.

4. Knowingly destroys or interferes with a ford, dip, culvert or crossing of a creek, gulch, river or stream by digging away the banks or by damming, deepening or widening a creek, gulch, river or stream to divert waters on the public highway or airport or to cause injury or damage to the public highway or airport by flooding or otherwise.

5. Knowingly places or maintains a vehicle, aircraft or structure parked or placed wholly or partly within a public highway, runway or taxiway specifically for the purpose of selling the vehicle, aircraft or structure or of selling or specifically advertising the sale of, at any location, an article, service or thing.

6. Knowingly stores, services, repairs or otherwise works on a vehicle wholly or partly within a highway other than on a vehicle that is temporarily disabled.

7. Knowingly removes, damages or destroys a tree or shrub standing on a highway right-of-way.

8. Knowingly obstructs or injures a public highway, runway or taxiway by causing or permitting flow or seepage of water under the person's control to escape onto the highway, runway or taxiway.

B. Each day of violation of any provision of subsection A of this section is a separate violation on failure to remove or to diligently prosecute the removal of an encroachment after notice under section 28-7054. Each encroachment shall be treated as a separate violation.

C. In addition to the penalties prescribed by this section, an act in violation of this section is a public nuisance and may be abated by an injunction. A person who commits the act is subject to an action for damages by this state brought by the attorney general or the county attorney of the county in which the act is committed on direction of the attorney general.

D. This section does not apply to:

1. Department personnel or agents performing normal construction and maintenance functions.

2. A person who has prior authorization in writing from the director to perform any of the acts referred to in this section.

E. For the purposes of this section, "encroachment" includes a structure or object of any kind or character that is placed in, under or over a portion of the public highway or airport.
A.R.S. § 28-2425 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2425
28-2425 White Mountain Apache tribe special plates
Status: in_force

28-2425. White Mountain Apache tribe special plates

A. The department shall issue White Mountain Apache tribe special plates.  The color and design of the White Mountain Apache 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 White Mountain Apache tribe.  The director may allow a request for White Mountain Apache 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 White Mountain Apache tribe special plates.

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

C. The department shall deposit, pursuant to sections 35-146 and 35-147, all special plate administration fees in the state highway fund established by section 28-6991 and shall transmit all donations collected pursuant to this section to the White Mountain Apache tribe transportation committee.  The White Mountain Apache tribe transportation committee shall use these monies only for traffic control devices that conform to the manual and specifications prescribed in section 28-641 on highways on the Fort Apache Indian reservation that are located in this state and that are not state highways.
A.R.S. § 28-674 — Arizona Code / Title 28 / Chapter 3 / Article 4 / Section 674
28-674 Traffic accidents; quick clearance
Status: in_force

28-674. Traffic accidents; quick clearance

A. Notwithstanding any other provision of this article, motor vehicles involved in traffic accidents and drivers of motor vehicles involved in traffic accidents are subject to this section.

B. This section applies to motor vehicle traffic accidents that occur on controlled access highways and any other highways that are divided into two or more lanes clearly marked for traffic in this state.

C. If a motor vehicle traffic accident occurs and serious physical injury as defined in section 13-105 or death is not apparent, the drivers of the motor vehicles involved in the accident, or any other occupant of the motor vehicles involved in the accident who possesses a valid driver license, shall remove the motor vehicles from the main traveled portion of the roadway into a safe refuge on the shoulder, emergency lane or median or to a place otherwise removed from the roadway if both of the following apply:

1. The moving of the motor vehicle can be done safely.

2. The motor vehicle is capable of being normally and safely driven, does not require towing and can be operated under its own power in its customary manner without further damage or hazard to the motor vehicle, to traffic elements or to the roadway.

D. The driver of a motor vehicle involved in a traffic accident may request any person who possesses a valid driver license to remove the motor vehicle as provided in this section, and the person requested to remove the motor vehicle may comply with the request.

E. The driver or any other person who removes a motor vehicle from the main traveled portion of the roadway as provided in this section before the arrival of a police officer is not liable or at fault regarding the cause of the traffic accident solely by reason of moving the motor vehicle pursuant to this section.

F. This section does not abrogate or affect a driver's duty to do either of the following:

1. File any written report required by a local law enforcement agency, except that compliance with this section does not allow a driver to be prosecuted for the driver's failure to stop and immediately report a traffic accident.

2. Stop and give information pursuant to this article.

G. This section does not relieve a police officer of the duty to submit a written accident report pursuant to this article.

H. In the exercise of the management, control and maintenance of state highways, the department may require and assist in the removal of the following from the main traveled portion of the roadways in the state highway system:

1. All vehicles that are incapacitated for any cause other than having been involved in a motor vehicle traffic accident.

2. All vehicles incapacitated as a result of being involved in a motor vehicle traffic accident and debris caused by a motor vehicle traffic accident if both of the following apply:

(a) Serious physical injury as defined in section 13-105 or death is not apparent.

(b) The move can be accomplished safely by the drivers of the motor vehicles involved or with the assistance of a towing or recovery vehicle and the move will result in the improved safety or convenience of travel on the highway.

I. The department shall not require or assist in the removal of a motor vehicle that is incapacitated as a result of being involved in a motor vehicle traffic accident if serious physical injury as defined in section 13-105 or death is apparent until a police officer has made the necessary measurements and diagrams required for the initial accident investigation.

J. If the department or a police officer believes that a vehicle presents a potential fire or other safety hazard and requests a towing or recovery vehicle to assist in moving the vehicle pursuant to subsection H, paragraph 2 of this section, the department or police officer may direct and acknowledge in writing that the towing or recovery vehicle operator shall either intentionally damage a part of the vehicle that does not need to be damaged to move the vehicle under accepted towing practices or move or tow the vehicle in a manner or with an urgency that is not consistent with acceptable towing practices. The operator of the towing or recovery vehicle is not liable for any damage to personal property resulting from the department's or police officer's effort to mitigate the potential fire or other safety hazard pursuant to this subsection unless the removal is done recklessly or in a grossly negligent manner.
A.R.S. § 28-4422 — Arizona Code / Title 28 / Chapter 10 / Article 4 / Section 4422
28-4422 Resale of new motor vehicles
Status: in_force

28-4422. Resale of new motor vehicles

A motor vehicle dealer may resell a new motor vehicle if all of the following apply:

1. A certificate of title is not transferred from the person who first acquired the new motor vehicle from the manufacturer or importer or agent of the manufacturer or importer.

2. The new motor vehicle is returned to the selling motor vehicle dealer.

3. The motor vehicle dealer gives written notice to the retail consumer that the vehicle was delivered to a previous purchaser.

4. The retail consumer signs an acknowledgment of receipt of the written notice prescribed by paragraph 3 and the motor vehicle dealer maintains a copy of the acknowledgment in the dealer's records.
A.R.S. § 28-7656 — Arizona Code / Title 28 / Chapter 21 / Article 4 / Section 7656
28-7656 Interest fund; redemption fund
Status: in_force

28-7656. Interest fund; redemption fund

A. The treasurer of the county issuing bonds secured by bridge construction revenues shall establish an interest fund and a redemption fund for paying the bonds. The treasurer shall deposit into the funds bridge construction revenues in amounts sufficient to pay the interest and principal of the bonds as they mature. The funds shall be used solely to pay principal and interest on the bonds.

B. The treasurer of the county issuing bonds secured by highway improvement revenues shall establish an interest fund and a redemption fund for paying the bonds.  The treasurer shall deposit into the funds highway improvement revenues in amounts sufficient to pay the interest and principal of the bonds as they mature.  The funds shall be used solely to pay the principal and interest on the bonds.

C. The funds under subsections A and B shall be established and maintained separately and used exclusively for the respective purposes for which they are established.
A.R.S. § 28-3393 — Arizona Code / Title 28 / Chapter 8 / Article 7 / Section 3393
28-3393 Defensive driving school attendance; discrimination prohibited; notice requirements
Status: in_force

28-3393. Defensive driving school attendance; discrimination prohibited; notice requirements

A. Except as provided in subsection B, an eligible individual who elects to attend a defensive driving school shall attend one of the following within the time allowed by the court:

1. A defensive driving school that is certified by the supreme court and complies with the court automation and reporting requirements pursuant to subsections B and C.

2. On application to the court and on the showing of reasonable justification by the individual, another supreme court certified defensive driving school. Reasonable justification includes the fact that the individual resides in another area and that attendance at any of the defensive driving schools that comply with the court automation and reporting requirements creates a hardship on the individual.

B. On the expiration of all contracts that are in existence on July 1, 2007 between the court and a defensive driving school provider, an eligible individual who elects to attend a defensive driving school may attend any supreme court certified defensive driving school that complies with the court automation and reporting requirements.  For the purposes of this subsection, the renewal of any contract between a court and a defensive driving school after July 1, 2007, shall be considered a new contract.

C. A court may adopt requirements for a school to electronically report school completions and to transfer funds, subject to the approval of the defensive driving board.

D. A law enforcement officer or a jurisdiction issuing a civil traffic citation to an individual shall provide notice to the individual that if eligible, the individual may attend any supreme court certified defensive driving school subject to subsection B.

E. A court shall not promote or favor any supreme court certified defensive driving school over another, except that the notice provided pursuant to subsection D may exclude a school that does not comply with the court's automation and reporting requirements pursuant to subsections B and C.
A.R.S. § 28-368 — Arizona Code / Title 28 / Chapter 2 / Article 3 / Section 368
28-368 Property acquisition; definition
Status: in_force

28-368. Property acquisition; definition

A. The director may acquire in the name of this state by gift, grant, purchase, lease-purchase, condemnation or any other lawful manner real property or buildings that are necessary, useful or convenient for the use of the department. The director shall not acquire land or buildings by purchase or condemnation without prior approval of the joint committee on capital review established by section 41-1251 and without an appropriation of monies by the legislature for the acquisition.

B. The director may enter into certificate of participation financing arrangements to provide financing or refinancing for real property or buildings that are necessary, useful or convenient for the use of the department.

C. A lease-purchase agreement relating to land or buildings under this section shall provide that:

1. The obligation of this state to make a payment under the agreement is a current expense of the department, is payable exclusively from appropriated monies and is not a general obligation indebtedness of this state or the department.

2. If the legislature fails to appropriate monies or the department fails to allocate the monies for any periodic payment or renewal term of the agreement, the agreement terminates at the end of the current term and this state and the department are relieved of any subsequent obligation under the agreement.

3. The attorney general and the joint committee on capital review shall review and approve the agreement before the lease-purchase agreement takes effect.

D. The attorney general shall review the agreement for compliance with the constitution and laws of this state. If in the attorney general's opinion the agreement is in compliance, the attorney general shall append the attorney general's certification to the agreement and return it to the department. On request by the director, the attorney general may give other opinions relating to the agreement.

E. The joint committee on capital review shall review and approve a lease-purchase agreement under this section before the agreement takes effect.

F. The department may covenant to use its best efforts to budget, obtain, allocate and maintain sufficient appropriated monies to make payments under a lease-purchase agreement. The agreement shall acknowledge that appropriating state monies is a legislative act and is beyond the control of the department or of any other party to the agreement.

G. For the purposes of this section, "certificate of participation financing" means an installment purchase or lease-purchase agreement that is subject to appropriations and that is structured to allow investors to receive a portion of the principal and interest payments made by the department as required by the agreement.
A.R.S. § 28-4624 — Arizona Code / Title 28 / Chapter 10 / Article 9 / Section 4624
28-4624 Vehicles with transporter license plates; registration exemption
Status: in_force

28-4624. Vehicles with transporter license plates; registration exemption

Notwithstanding any other law, a transporter may operate, move or transport a vehicle that is not the transporter's own and that is otherwise required to be registered without registering the vehicle if all of the following conditions are met:

1. The driveaway or towaway methods are used.

2. The sole purpose is to transport or deliver the vehicle.

3. One transporter license plate issued to the transporter pursuant to this article is displayed on the vehicle.
A.R.S. § 28-2156 — Arizona Code / Title 28 / Chapter 7 / Article 5 / Section 2156
28-2156 Temporary general use registration; definition
Status: in_force

28-2156. Temporary general use registration; definition

A. In lieu of permanent registration, the department may issue a temporary general use registration that allows a person to operate a vehicle for not more than thirty days.

B. The director may authorize issuance of this temporary registration if either of the following applies:

1. The person does not qualify for registration under section 28-2154 or 28-2292 or article 10 of this chapter.

2. The person is a nonresident who owns an off-highway vehicle that is titled in another state and otherwise meets the requirements of chapter 3, article 20 of this title.

C. A person operating a vehicle with a temporary general use registration shall comply with the mandatory motor vehicle insurance requirements of this state prescribed in chapter 9, article 4 of this title.

D. The department shall prescribe the content and form of the temporary general use registration application. The owner or operator of the vehicle shall display the temporary general use registration so that it is clearly visible from outside the vehicle.

E. The registering officer shall not issue more than one temporary general use registration for a vehicle in a twelve-month period. This subsection does not apply to a person who owns an off-highway vehicle that is titled in another state and otherwise meets the requirements of chapter 3, article 20 of this title.

F. At the time of application for a temporary general use registration, the applicant shall submit for inspection proper evidence of ownership or authorized possession of the vehicle.

G. The fee for the temporary general use registration is as prescribed in section 28-2003. The registering officer shall deposit $1 of the fee in the county assessor's special registration fund established by section 28-2005 if the assessor is the registering officer or in the state highway fund established by section 28-6991 if the director is the registering officer.

H. For the purposes of this section, "off-highway vehicle" means an off-highway vehicle that satisfies all of the following:

1. Is designed primarily for recreational nonhighway all-terrain travel.

2. Is not more than eighty inches in width.

3. Has an unladen weight of not more than two thousand five hundred pounds.

4. Travels on four or more nonhighway tires.

5. Has a steering wheel for steering control.

6. Has a rollover protective structure.

7. Has an occupant retention system.
A.R.S. § 28-3157 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3157
28-3157 Temporary driver permit
Status: in_force

28-3157. Temporary driver permit

A. The department may issue a temporary driver permit to an applicant for a driver license. The permit allows the driver to operate a motor vehicle while the department is completing its investigation and determining all facts relative to the applicant's privilege to receive a driver license.

B. The permittee shall have the permit in the permittee's immediate possession while operating a motor vehicle. The permit is invalid when the permittee is issued a driver license or when a driver license is refused for good cause.
A.R.S. § 28-5232 — Arizona Code / Title 28 / Chapter 14 / Article 2 / Section 5232
28-5232 Danger to public safety; suspension of registration or license; civil penalty; hearing; reinstatement
Status: in_force

28-5232. Danger to public safety; suspension of registration or license; civil penalty; hearing; reinstatement

A. If after reviewing a report submitted by a law enforcement agency authorized to enforce this chapter the director determines that probable cause exists to believe that the continued operation by a manufacturer, shipper or motor carrier or the continued operation of a motor vehicle by a driver constitutes a danger to the public safety, the director shall issue both:

1. An order immediately imposing either of the following:

(a) Suspension of the registration of the motor vehicle owned or leased by the manufacturer, shipper or motor carrier.

(b) Suspension of the driver license or nonresident operating privilege of a driver.

2. An order to require the manufacturer, shipper, motor carrier or driver to show cause why the director should not impose a civil penalty and to show cause why the director should not continue the registration or license suspension.

B. The manufacturer, shipper, motor carrier or driver shall respond to the order to show cause at a hearing held not more than sixty days after service of written notice. The director shall send the notice by certified mail to the address provided to the department in the law enforcement agency's report alleging the safety danger or to the address provided in the application for vehicle registration or in the notification provided by an interstate carrier.

C. The scope of the hearing is limited to the following:

1. A determination that the respondent was operating on the public highway and that the operation constituted a danger to the public safety.

2. That the respondent ordered to appear at the hearing is responsible for the danger and is responsible under this title or a rule adopted under this title to prevent the danger or to remedy the danger.

D. After consideration of the evidence presented at the hearing, the director shall serve written notice of the director's finding and order within five days after the hearing. If the director enters a finding of responsibility, the director shall continue the suspension of the vehicle registration of the vehicles owned or leased by the manufacturer, shipper or motor carrier or shall continue the suspension of the driver license or nonresident operating privilege of the driver. A rehearing or a request for a rehearing on the matter does not stay the suspension of the vehicle registration or driver license or nonresident operating privilege.

E. If the director enters a finding of responsibility, the director shall impose a civil penalty as prescribed in section 28-5238.

F. The director shall not reinstate the registration of the motor vehicle owned or leased by the manufacturer, shipper or motor carrier or the driver license or nonresident operating privilege of the driver until all of the following are met:

1. The department of public safety or the law enforcement agency originally submitting the report provides in writing to the director that, if applicable, the cause for the finding of responsibility has been remedied.

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

3. A civil penalty that has been imposed is paid.

G. If the manufacturer, shipper, motor carrier or driver fails to appear for a hearing, in addition to any other remedies provided by law, the director shall continue the suspension of the registration of the motor vehicle owned or leased by the manufacturer, shipper or motor carrier or the driver license or the nonresident operating privilege of the driver. The director shall not remove the suspension until the manufacturer, shipper, motor carrier or driver appears for the hearing and all of the conditions prescribed in subsection F of this section are met.
A.R.S. § 28-5644 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5644
28-5644 Terminal operator; joint and several liability
Status: in_force

28-5644. Terminal operator; joint and several liability

A. A terminal operator is jointly and severally liable for the motor vehicle fuel or use fuel tax imposed pursuant to this article or the aviation fuel tax imposed pursuant to section 28-8344 if both of the following apply:

1. The position holder with respect to the motor vehicle, use or aviation fuel is a person other than the terminal operator.

2. The terminal operator does not meet the conditions prescribed in subsection B of this section.

B. The terminal operator is not liable for the motor vehicle fuel or use fuel tax imposed pursuant to this article or the aviation fuel tax imposed pursuant to section 28-8344 if at the time of removal both of the following apply:

1. The terminal operator has an unexpired notification certificate from the position holder as required by the United States internal revenue service.

2. The terminal operator has no reason to believe that any information in the certificate is false.
A.R.S. § 28-7677 — Arizona Code / Title 28 / Chapter 21 / Article 5 / Section 7677
28-7677 Acceleration of right-of-way acquisition, design or construction of eligible highway and transportation projects
Status: in_force

28-7677. Acceleration of right-of-way acquisition, design or construction of eligible highway and transportation projects

A. If the department enters into an agreement with a political subdivision or Indian tribe for accelerated right-of-way acquisition, design or construction of an eligible highway project, the agreement may provide for the advancing to the department by the political subdivision or Indian tribe of monies needed for the right-of-way acquisition, design or construction and for the repayment by the department of the advanced monies, with interest, if any, at the agreed on rate, to the political subdivision or Indian tribe.  The political subdivision or Indian tribe may make an advance from any available monies, and any advance constitutes an eligible investment for sinking funds or other funds of the political subdivision or Indian tribe.

B. The department shall repay the political subdivision or Indian tribe for an advance, together with interest, if any, on the advance at the agreed on rate, from monies available to the department for the eligible project pursuant to a mutually agreed on repayment schedule. The period for repayment shall not be more than five years from the date of the advance. Notwithstanding chapters 17 and 18 of this title, an advance, together with interest on the advance, may be repaid by the department from monies in a regional area road fund construction account and from revenues distributed pursuant to section 28-6538, subsection B.

C. If the department enters into an agreement with a political subdivision, regional planning agency, metropolitan planning organization or council of governments or designated grant recipient to accelerate a transportation project, the agreement may provide that the political subdivision may advance to the department monies needed for the transportation project. The agreement may also provide for the department's repayment of the advanced monies to the political subdivision with interest at a specified rate. The political subdivision may make an advance from any available monies. Any advance constitutes an eligible investment for sinking funds or other funds of the political subdivision.

D. The department's repayment as described in subsection C of this section shall be made from monies available to the department for the transportation project pursuant to the mutually agreed on repayment schedule. An advance, together with interest on the advance, may be repaid by the department from any lawfully available monies.
A.R.S. § 28-906 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 906
28-906 Mechanical raising and lowering devices
Status: in_force

28-906. Mechanical raising and lowering devices

A person shall not raise or lower the height of a motor vehicle by mechanical means while the motor vehicle is moving on a highway at a speed in excess of fifteen miles per hour.
A.R.S. § 28-2516 — Arizona Code / Title 28 / Chapter 7 / Article 15 / Section 2516
28-2516 Motorized gas powered bicycles or tricycles; definition
Status: in_force

28-2516. Motorized gas powered bicycles or tricycles; definition

A. Notwithstanding any other provision of this title:

1. A certificate of title is not required for a motorized gas powered bicycle or tricycle.

2. Registration is not required for a motorized gas powered bicycle or tricycle.

3. Vehicle license tax is not imposed on a motorized gas powered bicycle or tricycle.

4. A motorized gas powered bicycle or tricycle is exempt from the provisions of section 28-964 relating to required equipment on motorcycles and motor-driven cycles and from the provisions of title 49, chapter 3, article 5 relating to vehicle emissions inspections.

5. A driver license is not required to operate a motorized gas powered bicycle or tricycle.

6. A motorized gas powered bicycle or tricycle may use rights-of-way designated for the exclusive use of bicycles.

7. A motorized gas powered bicycle or tricycle is not subject to chapter 9 of this title.

B. This section does not prohibit a local authority from adopting an ordinance that regulates or prohibits the operation of motorized gas powered bicycles or tricycles, except that a local authority shall not adopt an ordinance that requires registration and licensing of motorized gas powered bicycles or tricycles.

C. For the purposes of this section, "motorized gas powered bicycle or tricycle":

1. Means a bicycle or tricycle that is equipped with a helper motor that has a maximum piston displacement of forty-eight cubic centimeters or less, that may also be self-propelled and that is operated at speeds of less than twenty miles per hour.

2. Does not include an electric bicycle.
A.R.S. § 28-2328 — Arizona Code / Title 28 / Chapter 7 / Article 10 / Section 2328
28-2328 Violation; classification
Status: in_force

28-2328. Violation; classification

A. Except as provided in subsection B of this section, a person who violates this article is guilty of a class 2 misdemeanor.

B. A person who violates section 28-2322 is responsible for a civil traffic violation.
A.R.S. § 28-1462 — Arizona Code / Title 28 / Chapter 4 / Article 5 / Section 1462
28-1462 Ignition interlock device certification and decertification; service provider bonds
Status: in_force

28-1462. Ignition interlock device certification and decertification; service provider bonds

A. After consulting with the director of the department of public safety, the assistant director for the motor vehicle division of the department of transportation shall:

1. Certify ignition interlock devices.

2. Publish a list of certified ignition interlock devices that includes information about the manufacturers of the devices and where the devices may be ordered.

3. Make the list available to the courts and probation departments without charge.

4. Establish standards and qualifications for technicians.

B. The assistant director shall adopt rules prescribing the requirements for certification and decertification of an ignition interlock device.  These rules shall include:

1. The procedure for certification of ignition interlock devices.

2. Provisions to ensure the reliability of the ignition interlock device over the range of motor vehicle environments.

3. Provisions to ensure that the ignition interlock device works accurately in an unsupervised environment.

4. The procedure for decertification of an ignition interlock device for cause.

C. The assistant director shall not certify an ignition interlock device unless all of the following are satisfied:

1. The device requires a deep-lung breath sample or another accurate measure of the concentration by weight of alcohol in the breath.

2. The device is made by a manufacturer that is covered by product liability insurance in the amount of one million dollars per event and three million dollars in the aggregate.

3. The manufacturer of the device indemnifies this state against any liability that may result from the use of the device.

4. The device meets or exceeds the 2013 national highway traffic safety administration standards, including the ability to wirelessly transmit and receive information, take a digital image and include the global positioning system location of the device at the time of a requested test.

5. The device is repaired or modified only by the manufacturer of the device.

6. All of the device reporting that is required by sections 28-1461 and 28-1468 originates from the device manufacturer.

D. The assistant director may adopt, in whole or in part, the guidelines, rules, regulations, studies or independent laboratory tests performed and relied on by other states or agencies or commissions of other states in the certification or approval of ignition interlock devices.

E. Each ignition interlock service provider who installs a certified ignition interlock device shall submit to the department a bond in a form to be approved by the assistant director and in an amount of at least two hundred thousand dollars. The bond inures to the benefit of any person who is ordered or required to equip a motor vehicle with an ignition interlock device pursuant to article 3 of this chapter or section 28-3319 and who suffers a loss because of either of the following:

1. Insolvency or discontinuance of business of the ignition interlock service provider who installed the device.

2. Failure of the ignition interlock service provider or agent or subcontractor of the ignition interlock service provider to comply with any provision of a contract that is required pursuant to section 28-1468 or any rule adopted pursuant to this section.

F. The assistant director shall adopt a warning label design to be affixed to each certified ignition interlock device on installation. The label shall contain a warning that a person tampering with, circumventing or otherwise misusing the ignition interlock device is guilty of a class 1 misdemeanor.

G. After consultation with the director of the department of public safety, the assistant director may include information the assistant director deems necessary in the notice prescribed in section 28-3318 regarding certified ignition interlock devices.

H. An ignition interlock service provider shall collect a fee for each certified ignition interlock device that is installed by the provider in an amount that is determined by the director.  The ignition interlock service provider shall remit the collected fees to the department on a monthly basis and in a manner established by the department.  The department shall deposit the fees in the ignition interlock device fund established by section 28-1469.
A.R.S. § 28-7363 — Arizona Code / Title 28 / Chapter 20 / Article 13 / Section 7363
28-7363 Design-build method of project delivery
Status: in_force

28-7363. Design-build method of project delivery

A. Notwithstanding any other law, the department may use the design-build method of project delivery on a project if the department makes a determination in writing that it is appropriate and in the best interests of the department to use the design-build method of project delivery for that project, except that:

1. The department shall not enter into a contract to operate any structure, facility or other item pursuant to this article.

2. Each design-build project shall be a specific single project.

3. The department shall not commence any design-build project after December 31, 2030.  For the purposes of this paragraph, a project is commenced on the date the department solicits the contract for the project. If the department solicits a design-build contract on or before December 31, 2030, the contract may be executed and services and construction under the contract may be rendered in whole or in part after December 31, 2030.

B. The estimated cost of the project shall not include the cost to procure any right-of-way or other cost of condemnation. The cost to procure any right-of-way or other cost of condemnation remains at all times the responsibility of the department. The department shall obtain all necessary rights-of-way.

C. The department is responsible for preparing and acquiring all environmental documents, including the scope of any remediation and required clearances.

D. If construction of a design-build project involves railroad facilities, the railroad shall approve the use of the design-build delivery method before the department awards the design-build contract.

E. To ensure fair, uniform, clear and effective procedures that will deliver a quality project on time and within budget, the director, in conjunction with the appropriate and affected professionals and contractors, may adopt procedures for procuring a project using the design-build method of project delivery.

F. The provisions of sections 28-6923 and 28-6924 relating to bid, performance and payment bonds and to change orders, progress payments, contract retentions, definitions and authority to award contracts apply to department design-build projects for transportation facilities pursuant to this article.
A.R.S. § 28-669 — Arizona Code / Title 28 / Chapter 3 / Article 4 / Section 669
28-669 Accident report forms
Status: in_force

28-669. Accident report forms

A. The department shall prepare and on request supply to police departments, sheriffs and other suitable agencies forms for accident reports required under this article that are appropriate with respect to the persons required to make the reports and the purposes to be served. The written reports to be made by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, the conditions then existing and the persons and vehicles involved.

B. An accident report required to be made in writing shall be made on the appropriate form approved by the department and shall contain all of the information required in the form unless it is not available.

C. The department shall modify the written accident report form in conjunction with state and local law enforcement agencies, engineering agencies and emergency medical service organizations.
A.R.S. § 28-339 — Arizona Code / Title 28 / Chapter 2 / Article 2 / Section 339
28-339 State match advantage for rural transportation fund; allocation of monies; definitions
Status: in_force

28-339. State match advantage for rural transportation fund; allocation of monies; definitions

A. The state match advantage for rural transportation fund is established. The department shall administer the fund. Monies in the fund are continuously appropriated.  The fund consists of the following:

1. Monies appropriated by the legislature.

2. Any nonfederal gifts, grants, donations or other amounts received from any public or private source for transportation projects.

B. On notice from the department, 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.

C. The department may establish any subaccount in the fund that the department determines is necessary to carry out the purposes of this section.

D. The department may not approve any expenditures from the fund unless the expenditure is made in accordance with this section.

E. Monies in the fund shall be used only for the following:

1. To reimburse up to fifty percent of the costs associated with developing and submitting an application for a federal grant.

2. To provide match or reimbursement of a match for a federal grant.

3. To fund or reimburse design and other engineering services expenditures that meet federal standards for projects eligible for a federal grant. Applicants awarded funding for design and other engineering services shall submit an application for a federal grant within two years after the award or the award lapses and the applicant must repay any expended monies to the fund. The applicant shall submit repayment within thirty days after receiving an invoice from the department.

F. Except as provided in subsection G of this section, the department shall suballocate monies in the fund to the following five categories:

1. Twenty percent to projects located in counties with a population of one hundred thousand persons or more for uses described in subsection E, paragraphs 2 and 3 of this section.

2. Twenty percent to projects located in counties with a population of less than one hundred thousand persons for uses described in subsection E of this section.

3. Twenty percent to projects located in municipalities with a population of ten thousand persons or more for uses described in subsection E, paragraphs 2 and 3 of this section.

4. Twenty percent to projects located in municipalities with a population of less than ten thousand persons for uses described in subsection E of this section.

5. Except as provided in subsection L of this section, twenty percent to the department for uses described in subsection E, paragraphs 2 and 3 of this section.

G. A project located in a county with a population of more than one million persons is not eligible for funding pursuant to subsection F, paragraph 1 of this section. A project located in a municipality that is partially or entirely located in an urbanized area of a county with a population of more than one million persons is not eligible for funding pursuant to subsection F, paragraph 3 or 4 of this section. The department may not use monies pursuant to subsection F, paragraph 5 of this section for projects that are located in an urbanized area of a county with a population of more than one million persons.

H. An entity that is eligible to receive a federal grant shall submit an application to the department to be eligible for an award from the fund.  The entity must first obtain the approval of the applicable metropolitan planning organization or council of governments before submitting an application to the department. The department may establish an application deadline and require additional documentation to ensure an applicant is eligible for the federal grant. The board may also determine the extent to which an applicant has the technical and financial capacity to successfully complete the project.

I. On receipt of an application, the department shall determine if the requirements of the notice of funding opportunity or the federal statutes establishing the federal grant are met and if the approval required under subsection H of this section is granted.  If the department determines that the application meets the requirements and is complete, the department shall forward the application to the departmental committee established pursuant to section 28-6951 for a recommendation. If a recommendation is made, the department shall notify the chairperson of the board that the application is ready for consideration and action by the board.

J. Once notified pursuant to subsection I of this section, the chairperson of the board shall place the application on an agenda for action within forty-five days after original receipt of the notification.  The board may give preference to applicants that can demonstrate any of the following:

1. The percentage of matching monies provided by the applicant.

2. The extent that the applicant will partner with other entities to deliver the project.

3. Other factors as deemed appropriate by the board for the applicable federal grant.

K. The board may approve, deny, modify or request more information on the application.  If the board approves an award, the department shall execute an agreement with the applicant regarding reimbursement and expenditures pursuant to subsection E of this section.

L. On the department's request, the board shall approve the use of monies as described in subsection F, paragraph 5 of this section. The department may annually use up to five percent of the monies earned in the previous fiscal year under subsection B of this section to administer the fund.

M. If an applicant receives an award pursuant to subsection E, paragraph 2 of this section but is not able to secure the federal grant, the department shall make the award monies available for other applications.

N. Beginning January 1 and July 1 of each year, the board may redistribute the unawarded monies in the fund to ensure each category under subsection F of this section receives a share of the monies based on the percentages prescribed in subsection F of this section. The department shall post the amount available for each category on the department's website within thirty days after the approval of the redistribution by the board.

O. Notwithstanding subsection J of this section and based on available funding, the board may direct the department to close applications for any category and return any unawarded applications to the applicants.

P. The board shall rescind an award if an applicant receives funding from another source for the same project and purpose in an amount equal to or greater than the award made under this section.  The applicant shall repay any monies expended from the fund within one year after the date of the rescission resolution approved by the board.

Q. For the purposes of this section:

1. "Federal grant" means a federal discretionary grant program administered by any federal agency for surface transportation purposes.

2. "Urbanized area" means an urbanized area as defined in the most recent decennial census certified by the United States census bureau.
A.R.S. § 28-409 — Arizona Code / Title 28 / Chapter 2 / Article 4 / Section 409
28-409 Agreements with public and private entities; fund
Status: in_force

28-409. Agreements with public and private entities; fund

A. The director shall:

1. Subject to the limitations of section 41-2544, enter into agreements by direct contract with public and private entities or their authorized agents, brokers or subcontractors for services located in department offices that the director deems of mutual interest to both parties.

2. For compensation, enter into agreements by direct contract with public and private entities or their authorized agents, brokers or subcontractors to advertise goods and services.

B. The shared location and advertising agreements expense fund is established consisting of monies received pursuant to agreements entered into pursuant to this section. Monies in the fund are continuously appropriated. The director may use monies deposited in the fund to partially offset the cost incurred by the department in providing a location or advertising. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. The director shall not enter into any agreements pursuant to this section without first contacting at least two competitors of the proposed contractor to determine whether terms more beneficial to this state than those offered by the proposed contractor are available. The director shall document the department's efforts to obtain competitive proposals in the contract file.
A.R.S. § 28-940 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 940
28-940 Additional lighting equipment
Status: in_force

28-940. Additional lighting equipment

A motor vehicle may be equipped with any of the following:

1. Not more than two side cowl or fender lamps that emit an amber or white light without glare.

2. Not more than one running board courtesy lamp on each side of the motor vehicle that emits a white or amber light without glare.

3. Not more than two backup lamps either separately or in combination with other lamps, but a backup lamp shall not be lighted when the motor vehicle is in forward motion.
A.R.S. § 28-404 — Arizona Code / Title 28 / Chapter 2 / Article 4 / Section 404
28-404 Interstate agreements; fee and tax exemptions
Status: in_force

28-404. Interstate agreements; fee and tax exemptions

The director may enter into agreements with other states on behalf of this state relating to the partial or total exemption from payment of lieu taxes, gross weight fees or use fees, and the partial or total exemption from payment of registration fees of vehicles registered and licensed in a state adjoining this state if the vehicles are used in this state within twenty-five miles of the border and if the owner and vehicles are domiciled in the adjoining state but within twenty-five miles of the border of this state.
A.R.S. § 28-8468 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8468
28-8468 Airport zoning regulations; criteria; limitations
Status: in_force

28-8468. Airport zoning regulations; criteria; limitations

A. Airport zoning regulations adopted under this article shall be reasonable and shall not impose a requirement or restriction that is not reasonably necessary to effectuate the purposes of this article.

B. In determining what regulations it may adopt, a political subdivision and joint airport zoning board shall include the following in its consideration:

1. The character of the flying operations expected to be conducted at the airport.

2. The nature of the terrain within the airport hazard area.

3. The character of the neighborhood.

4. The uses to which the property to be zoned will be put and is adaptable.

C. An airport zoning regulation adopted under this article shall not:

1. Require the removal, lowering or other change or alteration of a structure or tree that does not conform to the regulation when it is adopted or amended.

2. Otherwise interfere with the continuance of a nonconforming use, except as provided by section 28-8472.
A.R.S. § 28-726 — Arizona Code / Title 28 / Chapter 3 / Article 7 / Section 726
28-726 Limitations on driving to left of roadway center
Status: in_force

28-726. Limitations on driving to left of roadway center

A. A person shall not drive a vehicle to the left side of the roadway under the following conditions:

1. When approaching the crest of a grade or on a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.

2. When approaching within one hundred feet of or traversing any intersection or railroad grade crossing or where appropriate signs or markings have been installed to define a no passing zone.

3. When the view is obstructed on approaching within one hundred feet of any bridge, viaduct or tunnel.

B. The limitations provided in this section do not apply on a one-way roadway.
A.R.S. § 28-4301 — Arizona Code / Title 28 / Chapter 10 / Article 1 / Section 4301
28-4301 Definitions
Status: in_force

28-4301. Definitions

In this chapter, unless the context otherwise requires:

1. "Area of responsibility" means the area surrounding an individual dealer that the factory designates as that dealer's individual primary geographic territory for the purpose of marketing, promoting, selling and leasing new motor vehicles.  In the absence of the factory designated area, the area of responsibility is that geographical area surrounding a dealer that lies closer to that dealer than to other dealers of the same line-make.

2. "Branch license" means a license that is issued by the director to a licensed motor vehicle dealer and that permits the licensee to sell motor vehicles from an established place of business within the same county but other than the original or principal place of business for which the license was issued.

3. "Broker" means a person who for any fee, commission or other valuable consideration offers to provide, provides or represents that the person will provide a service of arranging or assisting in effecting the purchase of a motor vehicle and who is not:

(a) A new motor vehicle dealer or an employee or agent of a new motor vehicle dealer.

(b) A used motor vehicle dealer or an employee or agent of a used motor vehicle dealer.

(c) A manufacturer or employee or agent of a manufacturer.

(d) An auctioneer or engaged in the auto auction business.

(e) A wholesale motor vehicle dealer.

4. "Community" means the relevant market area. For the purposes of this paragraph, "relevant market area" means the incorporated city or town in which the franchise is located.

5. "Distributor" means a person who either:

(a) Sells or distributes new motor vehicles to new motor vehicle dealers in this state.

(b) Maintains distributor representatives in this state.

6. "Distributor branch" means a branch office maintained or availed of by a distributor for either:

(a) The sale of new motor vehicles to new motor vehicle dealers in this state.

(b) Directing or supervising its representatives in this state.

7. "Established place of business":

(a) Means a permanent enclosed building or structure that is owned either in fee or leased with sufficient space to display two or more motor vehicles of a kind and type that the dealer is licensed to sell and that is devoted principally to the use of a motor vehicle dealer in the conduct of the business of the dealer.

(b) In the case of a used motor vehicle dealer, trailer dealer or semitrailer dealer:

(i) Need not be a permanent building or structure or part of a permanent building or structure.

(ii) May be a vacant lot or part of a vacant lot.

(iii) Does not mean or include a residence, tent, temporary stand or temporary quarters or permanent quarters occupied pursuant to a temporary arrangement.

(c) In the case of an automotive recycler, means a permanent site or location at which the business of an automotive recycler is or will be conducted.

8. "Exhibitor" means a manufacturer of new motor homes that exhibits new motor homes at a special event.

9. "Factory branch" means a branch office maintained or availed of by a manufacturer for either:

(a) The sale of new motor vehicles to distributors or the sale of new motor vehicles to new motor vehicle dealers in this state.

(b) Directing or supervising its representatives in this state.

10. "Financial institution" means a bank, trust company, savings and loan association, credit union, consumer lender, international banking facility or holding company that is licensed, regulated or insured by the department of insurance and financial institutions, the federal deposit insurance corporation, the office of thrift supervision, the comptroller of the currency, the national credit union share insurance fund or the national credit union administration.

11. "Franchise" means a contract between two or more persons if all of the following conditions are included:

(a) A commercial relationship of definite duration or continuing indefinite duration is involved.

(b) The franchisee is granted the right to offer, sell and service in this state new motor vehicles manufactured or distributed by the franchisor.

(c) The franchisee, as a separate business, constitutes a component of the franchisor's distribution system.

(d) The operation of the franchisee's business is substantially associated with the franchisor's trademark, service mark, trade name, advertising or other commercial symbol designating the franchisor.

(e) The operation of the franchisee's business is substantially reliant on the franchisor for the continued supply of new motor vehicles, parts and accessories.

12. "Franchisee" means a person who both:

(a) Receives new motor vehicles from the franchisor under a franchise.

(b) Offers and sells to and services new motor vehicles for the general public.

13. "Franchisor" means a person who both:

(a) Manufactures or distributes new motor vehicles.

(b) May enter into a franchise.

14. "Importer" means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state.

15. "Lead" means any retail consumer who satisfies all of the following:

(a) Responds to a factory-directed program that obtains consumer contact information and that provides such information to one or more dealers.

(b) Expresses an interest to the factory in purchasing, leasing or acquiring any vehicle or product, service or financing available from the dealers of that factory.

(c) Does not qualify for any reasonable factory sponsored employee, retiree or vendor new vehicle purchase program or any other reasonable similar factory new vehicle purchase program.

16. "Line-make" means those motor vehicles that are offered for sale, lease or distribution under a common name, trademark, service mark or brand name of the manufacturer of those same motor vehicles.

17. "Major component part" includes a motor vehicle or vehicle part that the manufacturer has assigned any factory, motor, serial or other identification number or mark.

18. "Manufacturer" means any person who either:

(a) Manufactures or assembles new motor vehicles.

(b) Manufactures or installs on previously assembled truck chassis special bodies or equipment that when installed forms an integral part of the new motor vehicle and that constitutes a major manufacturing alteration, excluding the installation of a camper on a pickup truck.

19. "Motor home" means a motor vehicle that is primarily designed as temporary living quarters and that:

(a) Is built onto as an integral part of, or is permanently attached to, a motor vehicle chassis.

(b) Contains at least four of the following independent life support systems if each is permanently installed and designed to be removed only for purposes of repair or replacement:

(i) A cooking facility with an onboard fuel source.

(ii) A gas or electric refrigerator.

(iii) A toilet with exterior evacuation.

(iv) A heating or air conditioning system with an onboard power or fuel source separate from the vehicle engine.

(v) A potable water supply system that includes at least a sink, a faucet and a water tank with an exterior service supply connection.

(vi) A 110-125 volt electric power supply.

20. "Motor vehicle" means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer.

21. "Motor vehicle dealer" means a new motor vehicle dealer, a used motor vehicle dealer, a public consignment auction dealer, a broker or a wholesale motor vehicle auction dealer, excluding a person who comes into possession of a motor vehicle as an incident to the person's regular business and who sells, auctions or exchanges the motor vehicle.

22. "New house trailer dealer" means a person who buys, sells, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, new house trailers or used house trailers taken in trade on new house trailers. For the purposes of this paragraph, "house trailer" means a vehicle, other than a motor vehicle, that is built on a chassis designed for being drawn on the highways by a motor vehicle and that is designed for human habitation.

23. "New motor vehicle" means a motor vehicle, other than a used motor vehicle, that is held either for:

(a) Sale by the franchisee who first acquired the vehicle from the manufacturer or distributor of the vehicle.

(b) Sale by another franchisee of the same line-make.

24. "New motor vehicle dealer" means a person who buys, sells, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, new motor vehicles or used motor vehicles taken in trade on new motor vehicles or used vehicles purchased for resale.

25. "Off-premises display and sales" means a promotion or sale of motor vehicles for a period of time as specified by the director that both:

(a) Is sponsored by a licensed motor vehicle dealer, the licensed motor vehicle dealer's agents or the manufacturer.

(b) Takes place at a location within the same county but not at the licensee's established place of business.

26. "Off-premises exhibition" means the exhibition of a motor vehicle for a period of time as specified by the director at a location within the same county but not at the established place of business of a licensed motor vehicle dealer and at which a solicitation or sale does not occur.

27. "Provisional automotive recycler's license" means a license that both:

(a) Is issued by the department only in conjunction with an application for an automotive recycler's license.

(b) Permits the applicant or applicants to conduct the business of an automotive recycler regulated by this chapter pending completion of the criminal records check pursuant to section 28-4361.

28. "Provisional dealer's license" means a license that both:

(a) Is issued by the department only in conjunction with an application for a dealer's license.

(b) Permits the applicant or applicants to conduct the business of a motor vehicle dealer regulated by this chapter pending completion of the criminal records check pursuant to section 28-4361.

29. "Public consignment auction dealer" means a person who at the public consignment auction dealer's established place of business or at an authorized off-premises location pursuant to the requirements of section 28-4401 is in the business of both of the following:

(a) Conducting live auctions with a licensed auctioneer verbally calling for and accepting bids.

(b) Providing live auction services to the public on a consignment contract basis.

30. "Retail consumer" means any person purchasing, leasing or acquiring or possibly purchasing, leasing or acquiring a vehicle or product, service or financing not for resale.

31. "Service" means any service that is sold, leased or provided to retail consumers and that directly relates to the ownership or leasing of a new or used motor vehicle, including extended service contracts or motor vehicle warranty and nonwarranty repairs or maintenance, including both parts and labor.

32. "Special event" means an exhibition of new motor homes by a motor vehicle dealer licensed to sell new motor homes or an exhibitor for a period of time specified by the director at a location in this state other than the licensee's or exhibitor's established place of business.

33. "Used motor vehicle" means a motor vehicle that has been sold, bargained, exchanged or given away or the title to the motor vehicle has been transferred from the person who first acquired the vehicle from the manufacturer, or importer, dealer or agent of the manufacturer or importer, and that has been placed in bona fide consumer use.  For the purposes of this paragraph, "bona fide consumer use" means actual operation by an owner who acquired a new motor vehicle both:

(a) For use in the owner's business or for pleasure or otherwise.

(b) For which a certificate of title has been issued or that has been registered as provided by law.

34. "Used motor vehicle dealer" means a person, other than a new motor vehicle dealer, who buys, sells, auctions, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, seven or more used motor vehicles in a continuous twelve month period. Used motor vehicle dealer does not include a wholesale motor vehicle auction dealer or a public consignment auction dealer.

35. "Wholesale motor vehicle auction dealer" means a person who both:

(a) Is in the business of providing auction services solely in wholesale transactions to motor vehicle dealers licensed by this state or any other jurisdiction.

(b) Does not buy, sell or own the motor vehicles the auction dealer auctions in the ordinary course of business.

36. "Wholesale motor vehicle dealer" means a person who sells used motor vehicles only to licensed motor vehicle dealers.
A.R.S. § 28-9204 — Arizona Code / Title 28 / Chapter 27 / Article 1 / Section 9204
28-9204 Public monies; prohibition
Status: in_force

28-9204. Public monies; prohibition

Notwithstanding any other law, public monies may not be used to extend light rail service in Phoenix to:

1. The area with a boundary of seventeenth avenue on the east, Adams street on the north, eighteenth avenue on the west and Jefferson street on the south.

2. Any property that is within fifty linear yards of the area described in paragraph 1 of this section.
A.R.S. § 28-754 — Arizona Code / Title 28 / Chapter 3 / Article 8 / Section 754
28-754 Turning movements and required signals
Status: in_force

28-754. Turning movements and required signals

A. A person shall not turn a vehicle at an intersection unless the vehicle is in proper position on the roadway as required in section 28-751, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left on a roadway unless and until the movement can be made with reasonable safety. A person shall not so turn any vehicle without giving an appropriate signal in the manner provided by this article in the event any other traffic may be affected by the movement.

B. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.

C. A person shall not stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided by this article to the driver of any vehicle immediately to the rear when there is opportunity to give the signal.
A.R.S. § 28-709 — Arizona Code / Title 28 / Chapter 3 / Article 6 / Section 709
28-709 Maximum speed limit for large vehicles and vehicles with trailers
Status: in_force

28-709. Maximum speed limit for large vehicles and vehicles with trailers

A. Unless a lower maximum speed limit is posted or the department designates a greater maximum speed limit pursuant to subsection B of this section, a person shall not drive either of the following on a highway in this state at a speed that is greater than sixty-five miles per hour:

1. A motor vehicle or vehicle combination with a declared gross weight of more than twenty-six thousand pounds, excluding a motor vehicle designed for carrying sixteen or more passengers, including the driver.  For the purposes of this paragraph, "declared gross weight" and "vehicle combination" have the same meaning prescribed in section 28-5431.

2. A vehicle that is drawing a pole trailer that weighs six thousand or more pounds.

B. If the department determines on the basis of an engineering and traffic investigation of a highway under its jurisdiction that the designation of a maximum speed limit for vehicles prescribed in subsection A of this section that is greater than sixty-five miles per hour would facilitate the safe and orderly movement of traffic, the department may designate such a maximum speed for travel of those vehicles and shall erect signs at reasonable intervals giving notice of the speed limitation.
A.R.S. § 28-7042 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7042
28-7042 Width of public highways; exception
Status: in_force

28-7042. Width of public highways; exception

A. Highways that were constructed, laid out, opened or established before August 12, 1927 as public highways by the territory or state or by a board of supervisors or political subdivision of this state and that have been used continuously by the public as thoroughfares for free travel and passage for two years or more, regardless of an error, defect or omission in the proceeding to establish the highways or in recording the proceedings, and highways established pursuant to law are declared public highways sixty-six feet wide, unless the width of the highways is otherwise specified.

B. Except as specifically provided for in this title, this section does not apply to a portion of a public highway within the limits of an incorporated city or town that has a population of more than two thousand five hundred persons according to the most recent United States decennial census or the most recent special census as provided in section 28-6532.
A.R.S. § 28-898 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 898
28-898 Objects on roadway; prohibition
Status: in_force

28-898. Objects on roadway; prohibition

A. A person shall not throw or deposit on a roadway any glass bottle, glass, nails, tacks, wire, cans or other substance likely to injure a person, animal or vehicle on the roadway.

B. A person who drops or permits to be dropped or thrown on a roadway any destructive or injurious material shall immediately remove the material or cause it to be removed.

C. A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped on the highway from the vehicle.
A.R.S. § 28-1652 — Arizona Code / Title 28 / Chapter 5 / Article 6 / Section 1652
28-1652 Law enforcement officer duties
Status: in_force

28-1652. Law enforcement officer duties

If a driver who is subject to this article is stopped by a law enforcement officer who has probable cause to believe that the driver has committed a violation described in this article, the law enforcement officer shall do all of the following:

1. As soon as practicable contact the United States department of state in order to verify the driver's status and immunity, if any.

2. Record all relevant information from any driver license or identification card, including a driver license or identification card issued by the United States department of state.

3. Within five working days after the date the officer stops the driver, forward all of the following to the department of public safety:

(a) If the driver is involved in a vehicle accident, the vehicle accident report.

(b) If a citation or other charging document was issued to the driver, a copy of the citation or other charging document.

(c) If a citation or other charging document was not issued to the driver, a written report of the incident.
A.R.S. § 28-664 — Arizona Code / Title 28 / Chapter 3 / Article 4 / Section 664
28-664 Duty on striking unattended vehicle; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification
Status: in_force

28-664. Duty on striking unattended vehicle; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification

A. The driver of a vehicle that collides with a vehicle that is unattended on public or private property shall immediately:

1. Stop.

2. Either:

(a) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle.

(b) In a conspicuous place in the vehicle struck, leave a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.

B. If the first 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 fully autonomous vehicle or neighborhood occupantless electric vehicle immediately stops and the vehicle owner or a person on behalf of the vehicle owner provides the notice prescribed in subsection A, paragraph 2 of this section.

C. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 28-963 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 963
28-963 Image display device; prohibition; exceptions; definition
Status: in_force

28-963. Image display device; prohibition; exceptions; definition

A. While a person is driving a motor vehicle and the motor vehicle is in motion on a public roadway or on an off-highway vehicle trail as defined in section 28-1171, the person shall not:

1. View a broadcast television image or a visual image from an image display device within the motor vehicle unless the visual image is a static background image or imagery in support of mapping services or applications.

2. Watch a video or movie on a portable wireless communication device or stand-alone electronic device other than watching data related to the navigation of the motor vehicle, except that a person may view data related to the navigation of the motor vehicle, vehicle information or information related to driving a motor vehicle.

3. Record or broadcast a video on a portable wireless communication device or stand-alone electronic device, except that the person may use the devices for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.

B. A person shall not operate a motor vehicle with an image display device that is visible to a driver seated in a normal driving position when the vehicle is in motion.

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

1. Emergency vehicles.

2. Image display devices that do any of the following:

(a) Display images that provide a driver with navigation and related traffic, road and weather information.

(b) Provide vehicle information, controls or information related to driving a vehicle.

(c) Enhance or supplement a driver's view of the area to the front, rear or side of the vehicle.

(d) Permit a driver to monitor the vehicle occupants seated behind the driver.

(e) Display information intended to enhance traffic safety.

3. Image display devices that are built into the motor vehicle and that do not display images to a driver while the vehicle is in motion.

4. Image display devices that are portable and are not used to display dynamic visual images other than for purposes of navigation or global positioning to a driver while the vehicle is in motion.

5. Image display devices present in vehicles of a public service corporation or any political subdivision of this state and used for service or maintenance of its facilities.

6. Any use of an image display device while the vehicle is parked.

D. For the purposes of this section:

1. "Image display device" means equipment capable of displaying to the driver of a motor vehicle rapidly changing images that are either of the following:

(a) A broadcast television image or similar entertainment content transmitted by other wireless means to the image display device.

(b) A dynamic visual image, other than text, from a digital video disc or other storage device.

2. "Portable wireless communication device" has the same meaning prescribed in section 28-914.

3. "Stand-alone electronic device" has the same meaning prescribed in section 28-914.
A.R.S. § 28-8480 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8480
28-8480 Military airport continuation; land acquisition
Status: in_force

28-8480. Military airport continuation; land acquisition

In addition to authority granted pursuant to other provisions of law, a political subdivision may acquire, by exchange, purchase, lease, donation, devise or condemnation, land or interests in land for the continued operation of a military airport or ancillary military facility.
A.R.S. § 28-2427 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2427
28-2427 Families of fallen police officers special plates
Status: in_force

28-2427. Families of fallen police officers special plates

A.  The department of transportation shall issue families of fallen police officers special plates.  The entity that provides the thirty-two thousand dollars shall design the families of fallen officers special plate. The design and color of the families of fallen police officers special plates are subject to the approval of the department of transportation.  The director of the department of transportation may allow a request for families of fallen police officers special plates to be combined with a request for personalized special plates.  If the director of the department of transportation allows such a combination, the request shall be in a form prescribed by the director of the department of transportation and is subject to the fees for the personalized special plates in addition to the fees required for families of fallen police officers special plates.

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

C. The department of transportation 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 families of fallen police officers special plate fund established by section 41-1721.
A.R.S. § 28-4834 — Arizona Code / Title 28 / Chapter 11 / Article 2 / Section 4834
28-4834 Vehicle removal
Status: in_force

28-4834. Vehicle removal

A. An officer who has reasonable grounds to believe that a vehicle has been lost, stolen, abandoned or otherwise unclaimed may remove or cause the removal of the vehicle from any street or highway or on any other public, federal, state trust, national forest, state park or bureau of land management land or private property. For the purposes of this subsection, an officer may remove or cause the removal of a vehicle if the driver of the vehicle engages in unlawful flight from a pursuing law enforcement vehicle pursuant to section 28-622.01, leaves the vehicle and continues to engage in unlawful flight from a pursuing law enforcement vehicle pursuant to section 28-622.01 or by other means, including on foot or in another vehicle.

B. In counties with a population of less than one million five hundred thousand persons, before an officer removes or causes the removal of a vehicle that is abandoned as provided in section 28-4839 from the person in possession of the vehicle, the owner or lienholder of the vehicle or any other person who has an interest in the vehicle shall pay the person on whose property the vehicle was discovered an amount that does not exceed five dollars for each day of storage up to a maximum of five hundred dollars for the storage of the vehicle and the fee for processing an abandoned vehicle report as prescribed by section 28-4802 if the person on whose property the vehicle was discovered does both of the following:

1. Notifies a law enforcement agency by telephone in the jurisdiction where the vehicle was discovered of the presence of the vehicle on the person's property within forty-eight hours after the property owner discovered the vehicle.

2. Gives notice of abandonment of the vehicle in the manner prescribed by law.

C. This section does not require a law enforcement agency to pay any charges related to a vehicle that a law enforcement agency is required or otherwise authorized by law to impound or remove.

D. If a person removes or causes the removal of any vehicle, including an abandoned vehicle, from private property, the person shall both:

1. Obtain written authorization from the owner or lessee of the property on a form prescribed by the director.

2. Submit the form and the vehicle identification form to the department.

E. An officer who is employed by a public agency or political subdivision and who has removed an abandoned vehicle pursuant to this section or who has removed or caused to be removed a vehicle pursuant to section 28-872 shall inspect the vehicle and shall complete the vehicle identification form prescribed or approved by the director. The agency or political subdivision shall make an inquiry to determine whether the abandoned vehicle is a stolen abandoned vehicle.

F. A person who has removed or caused to be removed an abandoned vehicle from public land pursuant to section 28-4802 or private property shall have the vehicle inspected by an officer or agent of the department who shall complete the vehicle identification form prescribed by the director.  The officer or agent designated by the director shall make an inquiry to determine whether the abandoned vehicle is a stolen abandoned vehicle.

G. If a renter or lessee of private property parks a vehicle on the private property in an area that the owner authorizes for the vehicle, a person may not remove or cause the removal of the vehicle from the private property unless there is evidence of abandonment.  Expired registration of a vehicle may be considered in determining if a vehicle is abandoned but may not conclusively determine abandonment unless there is additional evidence of abandonment.
A.R.S. § 28-3175 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3175
28-3175 Driver licenses; nonoperating identification licenses; use for boarding aircraft; accessing restricted areas; rules
Status: in_force

28-3175. Driver licenses; nonoperating identification licenses; use for boarding aircraft; accessing restricted areas; rules

A. Notwithstanding any other law, on or before April 1, 2016, if a driver license applicant or nonoperating identification license applicant requests a driver license or nonoperating identification license that allows the applicant to board a federally regulated commercial aircraft or to access restricted areas in federal facilities, nuclear power plants or military facilities, the department must issue the applicant the driver license or nonoperating identification license.

B. A driver license or nonoperating identification license issued pursuant to this section:

1. Shall be valid for a period not to exceed eight years.

2. May not contain radio frequency identification technology.

C. The department shall adopt rules to implement this section.
A.R.S. § 28-7907 — Arizona Code / Title 28 / Chapter 23 / Article 1 / Section 7907
28-7907 Agreement with secretary of transportation
Status: in_force

28-7907. Agreement with secretary of transportation

A. The director shall enter into the agreement with the United States secretary of transportation provided for by 23 United States Code section 131(d) providing the standards governing the size, lighting and spacing of outdoor advertising authorized under section 28-7902, subsection A, paragraphs 4 and 5 and defining an unzoned commercial or industrial area.

B. If the standards and definitions contained in the agreement do not agree substantially with this article, the agreement is not effective until this article is amended to conform with the terms of the agreement.
A.R.S. § 28-5401 — Arizona Code / Title 28 / Chapter 15 / Article 1 / Section 5401
28-5401 Disposition of fees
Status: in_force

28-5401. Disposition of fees

Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees and taxes collected under this chapter in the Arizona highway user revenue fund.
A.R.S. § 28-937 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 937
28-937 Lamps on other vehicles and equipment
Status: in_force

28-937. Lamps on other vehicles and equipment

All vehicles, including animal-drawn vehicles and vehicles that are referred to in section 28-921, subsection C and that are not specifically required by this article to be equipped with lamps, shall be equipped at the times specified in section 28-922 with at least one lighted lamp or lantern exhibiting a white light visible from a distance of five hundred feet to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred feet to the rear.
A.R.S. § 28-472 — Arizona Code / Title 28 / Chapter 2 / Article 6 / Section 472
28-472 Fleet operation services; records; rules; vehicle replacement rate; participating agencies; coordinator; public service announcements; annual report
Status: in_force

28-472. Fleet operation services; records; rules; vehicle replacement rate; participating agencies; coordinator; public service announcements; annual report

A. The director shall operate the state motor vehicle fleet for the purpose of providing fleet operation services to agencies. The director shall make fleet operation services available to an agency on the request of the chosen representative for that agency.

B. The director is responsible for administering the state motor vehicle fleet, including:

1. Procuring motor vehicles for the state motor vehicle fleet.

2. Notwithstanding title 41, chapter 23, article 8, administering the surplus and sale of motor vehicles in the state motor vehicle fleet.

C. The director shall provide for detailed cost, operation, maintenance, mileage and custody records for each state-owned motor vehicle.

D. The director may adopt rules necessary to administer this article.

E. The department shall recover all costs for fleet operation services that are provided to an agency. Each agency shall pay from available monies the cost of fleet operation services received from the department at a rate determined by the director, including a separate vehicle replacement rate for motor vehicle replacements. The director shall deposit, pursuant to sections 35-146 and 35-147, monies received for fleet operation services in the state fleet operations fund established by section 28-475. The director shall deposit, pursuant to sections 35-146 and 35-147, monies received to pay the vehicle replacement rate in the state vehicle replacement fund established by section 28-476.

F. The following agencies are excluded from participation in the state motor vehicle fleet:

1. The department of public safety.

2. The department of economic security.

3. The state department of corrections.

4. Universities and community colleges.

5. The cotton research and protection council.

6. The Arizona commerce authority.

7. The department of transportation.

G. The director shall appoint a state motor vehicle fleet coordinator.

H. An agency may not purchase, lease or rent a motor vehicle unless the agency is excluded from participation in the state motor vehicle fleet by subsection F of this section.  The director may withhold registration for any motor vehicle that is purchased, leased or rented in violation of this subsection.

I. Notwithstanding subsection H of this section, an agency that administers a separate account pursuant to section 28-476, subsection C shall control the purchase, lease or rental of motor vehicles. Vehicles purchased, leased or rented under this subsection shall be used by the agency only for the agency's purposes.

J. An agency listed in subsection F of this section may elect to participate in the state motor vehicle fleet by executing an interagency service agreement between the agency and the department.

K. A governmental budget unit of this state that is not an agency may elect to participate in the state motor vehicle fleet by entering into an interagency service agreement with the department.

L. An agency, including an agency listed in subsection F of this section, may accept compensation for placing public service announcements on state-owned motor vehicles, and monies received shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. The agency director shall determine the appropriateness of the announcements, may exempt any motor vehicles that are not suitable for advertising and may contract with private parties to design and place the announcements.

M. On or before October 1 of each year, the department shall submit to the joint legislative budget committee and the governor's office of strategic planning and budgeting a report that accounts for all monies deposited in the state fleet operations fund established by section 28-475 and the state vehicle replacement fund established by section 28-476, including any monies allocated to separate agency accounts. The report shall also include the number of motor vehicles that were replaced in the prior fiscal year, the number of motor vehicles at each agency, the replacement life cycle for each motor vehicle and the number of motor vehicles the department identifies as not requiring replacement.
A.R.S. § 28-7204 — Arizona Code / Title 28 / Chapter 20 / Article 8 / Section 7204
28-7204 Roadway sale; definition
Status: in_force

28-7204. Roadway sale; definition

A. The governing body may authorize the director to sell and convey the land within the roadway or portion of the roadway by quitclaim deed.

B. On conveyance, the roadway or portion of the roadway is deemed vacated, title to the roadway or portion of the roadway vests in the grantee and, if the grantee is an abutting owner, title vests subject to the same encumbrances, liens, limitations, restrictions and estates as exist on the grantee's abutting land.

C. At least sixty days before the date of the sale, a notice of sale describing the roadway or portion of the roadway to be sold shall:

1. Be posted at intervals of no more than one mile and in at least three places on or along the side of the roadway.

2. Make specific reference to this section.

3. State that a person may submit purchase offers and that abutting owners have preference rights pursuant to this article.

4. Be delivered or mailed to abutting owners of record if their addresses are known or can be readily discovered.

D. Abutting owners of record in whom title to a portion of the roadway would vest under section 28-7205 may deliver, at the sale or at any time before the sale, to the clerk or secretary of the governing body or the director, in the case of this state, a written offer to purchase the portion or a part of the portion for the consideration paid for the land by the city, town, county or state, whichever first acquired the land within the roadway for public use. If an offer is submitted in a timely manner, it shall be preferred over all other offers.

E. In the absence of an offer prescribed in subsection D of this section, the governing body or the director, in the case of this state, may sell the roadway or portion of the roadway for an amount of consideration it deems advisable.

F. A quitclaim deed issued under this section creates a presumption of compliance with the requirements of this article relating to the sale of the roadway or portion of the roadway, including recording, mailing and posting the notice of the sale and conducting the sale. The deed is conclusive evidence of meeting these requirements in favor of purchasers and encumbrancers for value and without actual notice. Knowledge of the grantor shall not be imputed to the grantee.

G. For the purposes of this section, "abutting owner" means the original owner of the vacated roadway or the original owner's heirs who have previously had a portion of the property acquired for roadway purposes and thereafter are left with an abutting remainder of property over which they still retain direct ownership.
A.R.S. § 28-8466 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8466
28-8466 Zoning regulations; relationships
Status: in_force

28-8466. Zoning regulations; relationships

A. If a political subdivision has adopted or adopts a comprehensive zoning ordinance regulating the height of buildings, an airport zoning regulation applicable to the same area or portion of the same area may be:

1. Incorporated in and made a part of the comprehensive zoning regulation.

2. Administered and enforced in connection with the comprehensive zoning regulation.

B. If there is a conflict between an airport zoning regulation adopted under this article and another regulation applicable to the same area, the more stringent limitation or requirement governs and prevails, whether either:

1. The conflict is with respect to the height of structures or trees, use of land or any other matter.

2. The other regulation was adopted by the political subdivision that adopted the airport zoning regulations or by some other political subdivision.
A.R.S. § 28-8242 — Arizona Code / Title 28 / Chapter 25 / Article 2 / Section 8242
28-8242 Powers and duties
Status: in_force

28-8242. Powers and duties

A. The department:

1. Shall cooperate with all state, local and federal organizations to encourage and advance the safe and orderly development of aviation in this state.

2. May:

(a) Assemble and distribute to the public information relating to aviation, landing fields, navigational aids and other matters pertaining to aviation.

(b) Accept, in the name of this state, federal monies made available for the advancement of aviation.

(c) Represent this state on issues of routing structures and rate schedules concerning commercial airline traffic.

(d) Accept and receive federal and other public or private monies for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of airports and other air navigation facilities and sites for air navigation facilities or for any other purpose authorized by this section. The department shall deposit, pursuant to sections 35-146 and 35-147, these monies in the state aviation fund.

(e) Facilitate the development of a regional airport.

(f) Loan monies from the state aviation fund to an airport authority that enters into an agreement with the United States for an airport development project if the airport authority designates in its agreement with the United States that payment of federal participating monies shall be made to the department acting as the agent of the airport authority and enters into an agreement with the department appointing the department as agent of the airport authority to receive all federal participating monies.  The department shall deposit, pursuant to sections 35-146 and 35-147, all monies received pursuant to this subdivision in the state aviation fund. For the purposes of this subdivision, "airport authority" means the governing body of a public airport operating pursuant to sections 28-8423 and 28-8424 or a joint powers airport authority.

B. Notwithstanding section 38-623, the director may authorize personnel of the department to use rental aircraft in the performance of their duties at the prevailing hourly rate.  The rental fee is a charge against monies appropriated for in-state and out-of-state travel.

C. The director shall:

1. Contract for the operation of state owned airports.

2. In conjunction with local authorities, plan, build and develop airports, airport terminals and other related navigational facilities.

3. Operate and maintain the Grand Canyon national park airport located in the Kaibab national forest, Coconino county.

4. Provide on the department's website information on resources for operating a model aircraft, including safety guidelines established by a nationwide aeronautics community-based organization.

5. Provide on the department's website pictures that show examples of critical facilities, as defined in section 13-3729, to provide unmanned aircraft operators with information on what is considered a critical facility.  A picture or any written description on the website may not identify the owner or operator of the critical facility or the location of the critical facility.
A.R.S. § 28-3230 — Arizona Code / Title 28 / Chapter 8 / Article 5 / Section 3230
28-3230 Federal motor carrier safety administration commercial driver's license drug and alcohol clearinghouse; driving privilege denial; expungement
Status: in_force

28-3230. Federal motor carrier safety administration commercial driver's license drug and alcohol clearinghouse; driving privilege denial; expungement

A. The department shall search the federal motor carrier safety administration's drug and alcohol clearinghouse before the department issues, upgrades, renews or transfers a commercial driver license or issues, upgrades or renews a commercial learner's permit.

B. On notification from the federal motor carrier safety administration's drug and alcohol clearinghouse that a driver is prohibited from operating a commercial motor vehicle due to a violation of the controlled substances and alcohol use and testing prohibitions in 49 Code of Federal Regulations sections 382.201 through 382.217, the department shall:

1. Deny issuing, upgrading, renewing or transferring a commercial driver license or issuing, upgrading or renewing a commercial learner's permit.

2. Initiate downgrade procedures for commercial driver license and commercial learner's permit holders by removing the commercial privilege from the commercial driver license or commercial learner's permit.  The downgrade is effective within sixty days after the department receives notification of the driver's prohibited status.

C. As provided by this chapter, the department shall allow issuing, upgrading, renewing, transferring or reinstating a commercial driver license or issuing, upgrading, renewing or reinstating a commercial learner's permit on notification from the federal motor carrier safety administration's drug and alcohol clearinghouse that a driver is no longer prohibited from operating a commercial motor vehicle.

D. If the federal motor carrier safety administration notifies the department that a driver was erroneously placed in a prohibited status, the department shall expunge the driver record of any reference to and actions taken on the driver record as a result of the erroneous notification and allow for the reinstatement of the commercial privilege for a commercial driver license or commercial learner's permit.
A.R.S. § 28-9606 — Arizona Code / Title 28 / Chapter 31 / Article 1 / Section 9606
28-9606 Vicarious liability exemption
Status: in_force

28-9606. Vicarious liability exemption

A peer-to-peer car sharing program and a shared vehicle owner are exempt from vicarious liability consistent with 49 United States Code section 30106 and under any state or local law that imposes liability solely based on vehicle ownership.
A.R.S. § 28-3171 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3171
28-3171 Driver license expiration and renewal; exception; extension
Status: in_force

28-3171. Driver license expiration and renewal; exception; extension

A. Except as provided in subsection B, D or E of this section and unless medical restrictions require a shorter expiration period, a driver license is:

1. Except as provided in paragraph 3 of this subsection, valid until the applicant's sixty-fifth birthday.

2. Renewable for successive periods of five years after the applicant's sixtieth birthday.

3. Valid for a period of up to five years if initially issued to an applicant who is sixty years of age or older.

B. Notwithstanding subsection A of this section, on presentation of satisfactory proof of qualification, the director may issue a class D, G or M license or permit for a period of up to five years to:

1. A person who is an out-of-state student or who is the spouse of an out-of-state student. For the purposes of this paragraph, "out-of-state student" has the same meaning prescribed in section 28-2001.

2. An immediate family member of any active duty military personnel temporarily stationed in this state.

3. Any other person for whom the director determines other circumstances justify the issuance.

C. An applicant shall apply for renewal of a driver license before the expiration of a current license. The department may require an examination of a renewal applicant for a class D, G or M license as required of an original applicant.

D. A veteran, as defined in section 41-601, whose driver license expires is not required to renew the veteran's driver license for six months after the date of the veteran's discharge from military service.

E. The department may extend the expiration date of a class D or M license for a resident if the applicant is not in this state at the time the license expires and will not be in this state for at least thirty consecutive days after the expiration of the driver license. On payment by the applicant of the fee prescribed in section 28-3002, the department shall issue a certificate of extension that is valid only if accompanied by the applicant's previous license. An applicant for extension of a license shall comply with the following:

1. The application requirements of section 28-3158.

2. The licensing requirements of section 28-3153.

3. Medical requirements applicable to all license applicants, except that the applicant is not required to obtain an eyesight examination.
A.R.S. § 28-1304 — Arizona Code / Title 28 / Chapter 4 / Article 1 / Section 1304
28-1304 Driving under the influence abatement fund
Status: in_force

28-1304. Driving under the influence abatement fund

A. The driving under the influence abatement fund is established consisting of monies deposited pursuant to section 4-213, subsection J, section 5-396, subsection I, paragraph 2, section 5-397, subsection D, paragraph 3 and subsection F, paragraph 3, section 28-1382, subsection D, paragraph 3 and subsection E, paragraph 3, section 28-1383, subsection J, paragraph 2 and section 28-1465.

B. The oversight council on driving or operating under the influence abatement established by section 28-1303 shall administer the fund.

C. Twenty-five per cent of the monies deposited in the fund shall be used for grants for innovative programs pursuant to section 28-1303, subsection H, paragraph 2 and seventy per cent of the monies deposited in the fund shall be used for grants to political subdivisions and tribal governments pursuant to section 28-1303, subsection H, paragraph 1.

D. Not more than five per cent of the monies deposited in the fund shall be used for both of the following:

1. Administrative purposes of the oversight council on driving or operating under the influence abatement.

2. Payment of the costs of notification prescribed by section 28-1467.

E. Monies in the fund are:

1. Continuously appropriated.

2. Exempt from the provisions of section 35-190 relating to lapsing of appropriations.

F. On notice from the oversight council on driving or operating under the influence abatement, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investments shall be credited to the fund.
A.R.S. § 28-4082 — Arizona Code / Title 28 / Chapter 9 / Article 3 / Section 4082
28-4082 Applicability to other policies
Status: in_force

28-4082. Applicability to other policies

A. This chapter does not apply to or affect policies of motor vehicle insurance against liability that are required by any other law of this state, and if these policies contain an agreement or are endorsed to conform with the requirements of this chapter, they may be certified as proof of financial responsibility under this chapter.

B. This chapter does not apply to or affect policies insuring only the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on the insured's behalf of motor vehicles not owned by the insured.
A.R.S. § 28-2325 — Arizona Code / Title 28 / Chapter 7 / Article 10 / Section 2325
28-2325 Single trip permit; fees
Status: in_force

28-2325. Single trip permit; fees

A. An owner or operator of a vehicle that is required to be registered pursuant to section 28-2321 may apply to the department for a single trip permit. The single trip permit authorizes the interstate operation of the vehicle:

1. For a single trip through this state.

2. From any point on the Arizona border to a point within this state and back to the border.

3. From a railhead within this state and return to a railhead.

4. From a point within this state to the border of this state.

B. In order to obtain a single trip permit pursuant to this section, the owner or operator shall provide evidence of each of the following to the department:

1. An insurance policy that satisfies all of the following:

(a) Meets the financial responsibility requirements prescribed in chapter 9 of this title.

(b) Is issued by an insurer that has been issued a certificate of authority or that has been permitted to transact surplus lines insurance by the public official that supervises insurance in a state of the United States or the District of Columbia.

(c) Provides valid insurance coverage in this state.

2. A current driver license of a class and type recognized by the department as valid in the United States.

3. Current compliance with vehicle safety inspection requirements prescribed in 49 Code of Federal Regulations sections 396.17 through 396.23.

C. If satisfied as to the facts stated in the application and the evidence provided pursuant to subsection B of this section, the department shall register the vehicle by issuing a single trip permit on payment by the owner or operator of the following fees:

1. For a one or two axle vehicle, $2 for each fifty miles or fraction of fifty miles to be traveled on the highways in any one trip.

2. For a three axle vehicle or combination of vehicles with not more than three axles, $3 for each fifty miles or fraction of fifty miles to be traveled on the highways in any one trip.

3. For a vehicle or combination of vehicles with four axles, $4 for each fifty miles or fraction of fifty miles to be traveled on the highways in any one trip.

4. For a vehicle or combination of vehicles with five axles, $5 for each fifty miles or fraction of fifty miles to be traveled on the highways in any one trip.

5. For a vehicle or combination of vehicles with six axles, $6 for each fifty miles or fraction of fifty miles to be traveled on the highways in any one trip.

6. For a vehicle or combination of vehicles with more than six axles, $7 for each fifty miles or fraction of fifty miles to be traveled on the highways in any one trip.

D. The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected pursuant to subsection C of this section at ports of entry on the border between this state and Mexico as follows:

1. Fifty-five percent in the state highway fund established by section 28-6991.

2. Forty-five percent in the Arizona highway patrol fund established by section 41-1752.

E. The application for a single trip permit to the department does not qualify the applicant for eligibility in an assigned risk plan approved pursuant to section 28-4008.

F. The single trip permit shall contain information, be in the form and be issued and displayed in or on the vehicle as prescribed by department rules.

G. A single trip permit expires on completion of the specific trip for which the permit is issued and shall not exceed a period of ninety-six hours from the time of issuance unless an extension of time is authorized in writing by the department.

H. If a person operates a vehicle for which a single trip permit has been issued otherwise than as authorized in the permit, the owner or operator shall apply for and obtain annual registration of the vehicle and shall pay the fees applicable at the time the terms of the permit are violated.
A.R.S. § 28-1383 — Arizona Code / Title 28 / Chapter 4 / Article 3 / Section 1383
28-1383 Aggravated driving or actual physical control while under the influence; county jail program; annual report; violation; classification; definitions
Status: in_force

28-1383. Aggravated driving or actual physical control while under the influence; county jail program; annual report; violation; classification; definitions

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

1. Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.

2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.

3. While a person under fifteen years of age is in the vehicle, commits a violation of either:

(a) Section 28-1381.

(b) Section 28-1382.

4. While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, commits a violation of section 28-1381, section 28-1382 or this section.

5. Commits a violation of section 28-1381, section 28-1382 or this section while driving the wrong way on a highway.

B. The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision provided in subsection A, paragraph 2 of this section regardless of the sequence in which the offenses were committed. For the purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts.  The time that a probationer is found to be on absconder status or the time that a person is incarcerated in any state, federal, county or city jail or correctional facility is excluded when determining the eighty-four month period provided in subsection A, paragraph 2 and subsection E of this section.

C. The notice to a person of the suspension, cancellation, revocation or refusal of a driver license or privilege to drive is effective as provided in section 28-3318 or pursuant to the laws of the state issuing the license.

D. A person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison if the person is convicted under any of the following:

1. Subsection A, paragraph 1 of this section.

2. Subsection A, paragraph 2 of this section and within an eighty-four month period has been convicted of two prior violations of section 28-1381, section 28-1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.

3. Subsection A, paragraph 5 of this section.

E. A person who is convicted under subsection A, paragraph 2 of this section and who within an eighty-four month period has been convicted of three or more prior violations of section 28-1381, section 28-1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison.

F. A person who is convicted under subsection A, paragraph 3, subdivision (a) of this section shall serve at least the minimum term of incarceration required pursuant to section 28-1381.

G. A person who is convicted under subsection A, paragraph 3, subdivision (b) of this section shall serve at least the minimum term of incarceration required pursuant to section 28-1382.

H. A person who is convicted of a violation of this section shall attend and complete alcohol or other drug screening, education or treatment from an approved facility. If the person fails to comply with this subsection and is placed on probation, in addition to the provisions of section 13-901 the court may order that the person be incarcerated as a term of probation as follows:

1. For a person sentenced pursuant to subsection D of this section, for an individual period of not more than four months and a total period of not more than one year.

2. For a person sentenced pursuant to subsection E of this section, for an individual period of not more than eight months and a total period of not more than two years.

I. The time that a person spends in custody pursuant to subsection H of this section shall not be counted towards the sentence imposed if the person's probation is revoked and the person is sentenced to prison after revocation of probation.

J. On a conviction for a violation of this section, the court:

1. Shall report the conviction to the department. On receipt of the report, the department shall revoke the driving privilege of the person. The department shall not issue the person a new driver license within one year of the date of the conviction and, if the violation involved intoxicating liquor, shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319.  In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twenty-four months beginning on the date the person successfully completes the alcohol or other drug screening, education or treatment program requirements of this title and the person is otherwise eligible to reinstate the person's driver license or driving privilege. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

2. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of $250. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28-1304.  Any fine imposed for a violation of this section and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in this paragraph.

3. Shall order the person to pay a fine of not less than $750.

4. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of $1,500 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.

5. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of $1,500 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.

K. On conviction for a violation of this section the defendant shall be required by the department to attend and successfully complete an approved traffic survival school course.

L. After completing the period of suspension required by section 28-1385, a person whose driving privilege is revoked for a violation of subsection A, paragraph 3 of this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28-1401.

M. The court may order a person who is convicted of a violation of this section that does not involve intoxicating liquor to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. On receipt of the report of conviction and certified ignition interlock device requirement, the department shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date the person successfully completes the alcohol or other drug screening, education or treatment program requirements of this title and the person is otherwise eligible to reinstate the person's driver license or driving privilege. The person who operates a motor vehicle with a certified ignition interlock device under this subsection shall comply with article 5 of this chapter.

N. The sheriff of a county with a population of less than five hundred thousand persons may establish an aggravated driving under the influence jail program.  If the sheriff establishes an aggravated driving under the influence jail program, the program may not be implemented until the state department of corrections enters into an agreement with the county board of supervisors pursuant to section 31-234 to facilitate the program.  Notwithstanding subsections D and E of this section, if the violation occurs in a county that has established and implemented an aggravated driving under the influence jail program or in a county that is contiguous to a county that has established and implemented an aggravated driving under the influence jail program and the person is placed on probation, the mandatory term of incarceration that the person would otherwise serve in prison may be served in the jail of the county that established and implemented the program.  A person who is incarcerated in a county jail pursuant to this subsection is not eligible for any release, work detail or monitoring program that the person would not otherwise be eligible for if incarcerated in prison.  A county sheriff who establishes an aggravated driving under the influence jail program pursuant to this subsection shall submit an annual report to the Arizona criminal justice commission that contains the data that the Arizona statistical analysis center determines is necessary to prepare a recidivism report pursuant to section 41-2405.

O. Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs committed under:

1. Subsection A, paragraph 1, 2, 4 or 5 of this section is a class 4 felony.

2. Subsection A, paragraph 3 of this section is a class 6 felony.

P. For the purposes of this section:

1. "Suspension, cancellation, revocation or refusal" means any suspension, cancellation, revocation or refusal.

2. "Wrong way" means vehicular movement that is in a direction opposing the legal flow of traffic. Wrong way does not include median crossing or a collision where a motor vehicle comes to a stop facing the wrong way.
A.R.S. § 28-4554 — Arizona Code / Title 28 / Chapter 10 / Article 7 / Section 4554
28-4554 Suspension of issuance of temporary registration plates
Status: in_force

28-4554. Suspension of issuance of temporary registration plates

A. If the director finds that a dealer has not complied with sections 28-4546 through 28-4553 or the directions of the director, the director may suspend the right of the dealer to issue temporary registration plates.

B. A dealer who receives a notice of suspension may submit a written request for a hearing to the director.  The dealer shall submit the request for a hearing within thirty days after the dealer receives the notice of suspension.
A.R.S. § 28-8469 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8469
28-8469 Airport zoning regulations; administrative agency; duties
Status: in_force

28-8469. Airport zoning regulations; administrative agency; duties

A. Airport zoning regulations adopted under this article shall provide for the administration and enforcement of the regulations by either:

1. An administrative agency that may be an agency established by the regulations.

2. Any official, board or other existing agency of the political subdivision adopting the regulations.

3. One of the political subdivisions that participated in the establishment of the joint airport zoning board adopting the regulations, if satisfactory to that political subdivision.

B. The administrative agency shall not be or include a member of the board of adjustment.

C. The duties of an administrative agency designated pursuant to this article:

1. Include hearing and deciding applications for permits under section 28-8470.

2. Do not include exercise of a power delegated in this article to the board of adjustment.
A.R.S. § 28-7702 — Arizona Code / Title 28 / Chapter 22 / Article 1 / Section 7702
28-7702 Rules and guidelines
Status: in_force

28-7702. Rules and guidelines

The department shall adopt such rules or guidelines as it determines necessary to carry out this chapter.
A.R.S. § 28-2154 — Arizona Code / Title 28 / Chapter 7 / Article 5 / Section 2154
28-2154 Special registrations
Status: in_force

28-2154. Special registrations

A. A nonresident who purchases an unregistered vehicle in this state for removal to the state of residence of the purchaser shall obtain a special ninety day nonresident registration permit for the vehicle.  The nonresident shall obtain the special ninety day nonresident registration permit by applying to the department, to an authorized third party or to a motor vehicle dealer as defined in section 28-4301 and by paying the fees prescribed by section 28-2003. Unless the nonresident purchaser has completed a form prescribed by section 42-5009, subsection H, an affidavit in a form prescribed by the director shall accompany the application and shall contain the following statements:

1. The purchaser is not a resident of this state as defined in section 28-2001. For the purposes of this section and section 28-2154.01, the purchaser shall present to the department, an authorized third party or a motor vehicle dealer a driver license or other evidence prescribed by the director showing that the purchaser is not a resident of this state.

2. The vehicle is purchased to be registered out of state within ninety days after the issuance of the special ninety day nonresident registration permit.

3. The vehicle is not purchased for transfer to a resident of this state.

4. Other information that the director deems necessary.

B. At the time of application for a special ninety day nonresident registration permit, the purchaser shall submit for inspection proper evidence of ownership of the vehicle to be registered.  The special ninety day nonresident registration permit is valid for not more than ninety days from the date of issuance and shall be in the form prescribed by the director.  A person who obtains a special ninety day nonresident registration permit on a semitrailer that has been manufactured in this state may use the semitrailer for commercial purposes if the semitrailer is being used to transport goods from this state, subject to the payment of any taxes prescribed by this title.

C. An enrolled member of an Indian tribe who resides on the Indian reservation established for that tribe and who purchases an unregistered vehicle in this state for removal to the Indian reservation shall obtain a special ninety day nonresident registration permit for the vehicle. The member may obtain the special ninety day nonresident registration permit by applying to the department, to an authorized third party or to any motor vehicle dealer as defined by section 28-4301 and by payment of the fees prescribed by section 28-2003.

D. A resident who does not have complete documentation for issuance of an Arizona title and registration on a noncommercial vehicle but who has established ownership of the vehicle to the satisfaction of the department may receive a special ninety day resident registration by applying and paying the fee prescribed by section 28-2003 to the department.  The basis of assessment for the full annual registration fee and vehicle license tax relates back to the date of issuance of the first special ninety day resident registration.

E. A resident may receive a second consecutive special ninety day resident registration on application and payment of the fee prescribed by section 28-2003 if:

1. The person has applied for a bonded title and the title has not been issued during the first ninety day registration.

2. The person is awaiting settlement of an estate.

3. The person is awaiting lien clearance.

4. The person is awaiting a hearing decision as a result of a title complaint.

5. The person is awaiting the issuance of honorary consular official special license plates.

6. The director determines other circumstances justify the issuance.

F. At the discretion of the director, a resident may receive more than two consecutive special ninety day resident registrations for a vehicle in a twelve month period.

G. If there is a judgment against a resident of this state in another state that requires suspension of the resident's vehicle registration, in lieu of suspension of the resident's vehicle registration the department may issue a special temporary registration for the resident's vehicle that is valid for a period of not more than one hundred eighty days.
A.R.S. § 28-2263 — Arizona Code / Title 28 / Chapter 7 / Article 8 / Section 2263
28-2263 Withdrawal of vehicle
Status: in_force

28-2263. Withdrawal of vehicle

If a vehicle that is subject to an agreement authorized by this article is permanently withdrawn from a proportionally registered fleet because the vehicle has been destroyed, sold or otherwise completely removed from the registrant's service, the director shall refund the unused portion of the fees paid with respect to the vehicle or apply the fees against the registrant's liability for subsequent additions to the fleet during the registration year or for additional fees on audit.
A.R.S. § 28-4535 — Arizona Code / Title 28 / Chapter 10 / Article 7 / Section 4535
28-4535 Dealer records; replacement; fee
Status: in_force

28-4535. Dealer records; replacement; fee

A. A dealer shall keep a written record of the vehicles on which the dealer license plate or plates are used and the person to whom each plate or pair of plates is assigned. The dealer shall make the record available for inspection by the department, a member of the highway patrol or any other peace officer.

B. The record required by this section shall contain the following information for each dealer license plate:

1. The date assigned.

2. The make, type, year, model and identification number of a vehicle to which it is assigned.

3. The name and address of any assignee.

C. The director may authorize a dealer to use an inventory stock number in lieu of the vehicle identification number required in subsection B of this section if the director is satisfied that the dealer's records are sufficiently detailed and accurately maintained to disclose the full vehicle identity if necessary.

D. If a dealer license plate is lost or stolen, the dealer shall make a written report immediately to the director that identifies the plate by type and number, including all available data concerning the loss or theft.

E. For each dealer license plate, pair of plates or year validating tab to replace lost, destroyed or mutilated plates or tab, the dealer shall pay a replacement fee as prescribed in section 28-4542.
A.R.S. § 28-1110 — Arizona Code / Title 28 / Chapter 3 / Article 18 / Section 1110
28-1110 Escort vehicle operation; training and certification; insurance; exemption
Status: in_force

28-1110. Escort vehicle operation; training and certification; insurance; exemption

A. Except as otherwise provided in this section, any individual operating an escort vehicle that is escorting a vehicle required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state shall have completed training in and be certified by a program that meets the escort vehicle operator training and certification standards of the commercial vehicle safety alliance, including best practices in traffic control techniques on the road, or an equivalent program that meets the same objectives before entering into service as an escort vehicle operator.

B. An escort vehicle operator shall repeat training and certification requirements at least once every four years.

C. An escort vehicle operator shall:

1. Be at least eighteen years of age.

2. Have a valid driver license.

3. Have a legible and valid escort vehicle operator certificate issued in this state or in another state in the operator's immediate possession while operating an escort vehicle that is escorting a vehicle required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state.

D. Escort vehicle operators who are trained and certified pursuant to subsection A of this section may perform traffic control under guidelines developed by the department of transportation, the department of public safety and the transportation industry.  Escort vehicle operators who perform traffic control must have in force a minimum level of commercial liability insurance as prescribed by the director of the department of transportation and that is not less than five hundred thousand dollars.

E. An individual who operates an escort vehicle in violation of this section or rules adopted by the director relating to the operation of escort vehicles is responsible for a civil traffic violation.

F. 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.

G. This section does not apply to law enforcement personnel escorting overdimensional permitted loads in the conduct of their normal duties or under contract to governmental entities.

H. A certification issued by another state authorizing a person to escort vehicles required to be permitted pursuant to this article or article 19 of this chapter on a highway in this state satisfies the certification requirements of this section but does not authorize the person to perform traffic control except as prescribed by rules established by the department.
A.R.S. § 28-8385 — Arizona Code / Title 28 / Chapter 25 / Article 5 / Section 8385
28-8385 Records
Status: in_force

28-8385. Records

A. An aircraft dealer shall make and retain for three years records that the director may prescribe as being reasonably necessary to substantiate the reports required by this article.

B. The records may include copies of inventories, receipts or consignment contracts.

C. The director may inspect and copy these reports during normal business hours.
A.R.S. § 28-7050 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7050
28-7050 Federal aid secondary highways; definition
Status: in_force

28-7050. Federal aid secondary highways; definition

A. On petition of the board of supervisors of a county and if the board decides that the public convenience is served and the designation will not interfere with the completion and upkeep of the present county highway system, the board may request that the federal highway administration place a road on the county federal aid secondary system.

B. Federal aid secondary county highways shall be constructed, improved, repaired and maintained by the county with the department acting as an agent for the counties for the receipt of federal aid monies.

C. The department shall pay costs of construction, improvement, repair and maintenance of federal aid secondary state highways.

D. Matching monies for county federal aid secondary projects are the responsibility of the county, and matching monies for state federal aid secondary projects are the responsibility of the department.

E. Any rural road in this state may be designated a federal aid secondary road by approval of the board with the concurrence of the federal highway administration.

F. For the purposes of this section, "secondary roads" means roads having secondary order of significance to primary roads that connect centers of population.
A.R.S. § 28-5864 — Arizona Code / Title 28 / Chapter 16 / Article 4 / Section 5864
28-5864 Special thirty day motor carrier fee permit
Status: in_force

28-5864. Special thirty day motor carrier fee permit

A. The department may issue a special thirty day motor carrier fee permit for a motor vehicle if the vehicle is not in the commercial transportation business, is in this state for a limited period of time and will make limited use of this state's highways.

B. The motor carrier fee for a special thirty day permit is $96.

C. The director may authorize third parties to issue special thirty day motor carrier fee trip permits pursuant to this section in accordance with rules adopted by the director.

D. The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected pursuant to this section at ports of entry on the border between this state and Mexico as follows:

1. Fifty-five percent in the state highway fund established by section 28-6991.

2. Forty-five percent in the Arizona highway patrol fund established by section 41-1752.
A.R.S. § 28-5925 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5925
28-5925 Payment; distribution
Status: in_force

28-5925. Payment; distribution

A. The supplier, as shown in the records of the terminal operator, who removes the taxable gallons shall precollect and remit on behalf of consumers and users to the department the taxes that are imposed by sections 28-5606 and 28-8344 and that are measured by the invoiced gallons of motor fuel removed by a licensed supplier from a terminal or refinery in this state other than a bulk transfer.

B. The supplier and each reseller shall list the amount of tax as a separate line item on all invoices or billings or as a separate billing.

C. The motor fuel tax that is accrued in any calendar month shall be paid on or before the twenty-seventh day of the next succeeding calendar month to the director.

D. A supplier shall remit any late taxes remitted to the supplier by an eligible purchaser and shall notify the department in a timely manner of any late remittances if that supplier has previously given notice to the department of an uncollectible tax amount pursuant to section 28-5639, subsection B.

E. On payment, the director shall promptly:

1. Deposit motor fuel tax monies as prescribed in sections 28-5926 and 28-5927.

2. Deposit, pursuant to sections 35-146 and 35-147, all remaining motor fuel tax monies in the Arizona highway user revenue fund or the state aviation fund as determined from the reports filed pursuant to section 28-5618.

F. The director shall deduct all exemptions and refunds before depositing the monies.
A.R.S. § 28-9608 — Arizona Code / Title 28 / Chapter 31 / Article 1 / Section 9608
28-9608 Insurable interests
Status: in_force

28-9608. Insurable interests

A. Notwithstanding any other law, a peer-to-peer car sharing program has an insurable interest in a shared vehicle during the car sharing period.

B. This section does not require a peer-to-peer car sharing program to maintain the insurance coverage required by section 28-9602.

C. A peer-to-peer car sharing program may purchase and maintain as the named insured one or more motor vehicle insurance policies that provide coverage for any of the following:

1. Liabilities assumed by the peer-to-peer car sharing program under a car sharing program agreement.

2. Any liability of the shared vehicle owner.

3. Damage or loss to the shared vehicle or for any liability of the shared vehicle driver.
A.R.S. § 28-646 — Arizona Code / Title 28 / Chapter 3 / Article 3 / Section 646
28-646 Pedestrian control signals; loitering prohibited
Status: in_force

28-646. Pedestrian control signals; loitering prohibited

A. If special pedestrian control signals exhibiting the words "walk" or "don't walk" or a symbol of a walking person that symbolizes the word "walk" or a symbol of an upraised hand that symbolizes the words "don't walk" are in place, the signals shall indicate as follows:

1. Walk or a symbol of a walking person. Pedestrians facing the signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of vehicles.

2. Don't walk or a symbol of an upraised hand. A pedestrian shall not start to cross the roadway in the direction of the signal, but a pedestrian who has partially completed crossing on the walk signal shall proceed to a sidewalk or safety island while the don't walk signal is showing.

B. A pedestrian shall not loiter or unduly delay crossing the roadway after traffic has stopped to give the right-of-way.
A.R.S. § 28-8342 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8342
28-8342 Fair market value determination
Status: in_force

28-8342. Fair market value determination

For the registration cycle, the department shall annually determine the fair market value required by sections 28-8335 and 28-8336 as established by the dealer price guides or other recognized reliable source of information.
A.R.S. § 28-4497 — Arizona Code / Title 28 / Chapter 10 / Article 6 / Section 4497
28-4497 Action to restrain violation by licensee
Status: in_force

28-4497. Action to restrain violation by licensee

If the director has reasonable cause to believe that a licensee has violated or is violating any law of this state that the director enforces or administers or has violated or is violating a rule or order adopted or issued by the director pursuant to law, in addition to any remedies existing under this chapter or otherwise, the director may bring and maintain, in the name and on behalf of this state, an action in the superior court in Maricopa county against a licensee to restrain or enjoin the licensee from continuing the violation. In the action, the court shall proceed as in other actions for injunction.
A.R.S. § 28-7286 — Arizona Code / Title 28 / Chapter 20 / Article 10 / Section 7286
28-7286 Board authority; construction standards; priority list date
Status: in_force

28-7286. Board authority; construction standards; priority list date

A. The board has final authority to approve an economic strength project recommended by the Arizona commerce authority. The board shall fund an approved economic strength project from the economic strength project fund.

B. Before approving an economic strength project, the board shall ensure that the project is compatible with other transportation facilities and conforms to applicable construction and engineering standards of the department of transportation or the appropriate local authority.

C. With the advice of the Arizona commerce authority, the board may set an official date each year on which the economic strength priority list is due to the board. The Arizona commerce authority may provide an updated priority list to the board at any time.
A.R.S. § 28-884 — Arizona Code / Title 28 / Chapter 3 / Article 14 / Section 884
28-884 Parking space for persons with physical disabilities; prohibition; access aisle
Status: in_force

28-884. Parking space for persons with physical disabilities; prohibition; access aisle

A. Except as provided in subsection B of this section, a person shall not stop, stand or park a motor vehicle within any specially designated and marked parking space provided pursuant to this article unless the motor vehicle is transporting a person who has been issued a valid placard or international symbol of access special plates and either:

1. The motor vehicle displays the valid permanent disability or temporary disability removable windshield placard.

2. The motor vehicle displays international symbol of access special plates that are currently registered to the vehicle.

B. A person who is chauffeuring a person with a physical disability in a vehicle without a placard or international symbol of access special plates may park momentarily in a parking space provided pursuant to this article for the purpose of loading or unloading the person with a physical disability, and a complaint shall not be issued to the driver for the momentary parking.

C. A person shall not stop, stand or park a motor vehicle, including a vehicle displaying an international symbol of access special plate or placard, in the access aisle of a parking space described in section 28-882. For the purposes of this subsection, "access aisle" means a designated area adjacent to a parking space described in section 28-882 that is marked by either spaced, crosshatched or diagonal stripes or a distinctive change in color or material and that leads to an accessible route of travel.

D. A person who has been issued an international symbol of access special plate on behalf of a minor pursuant to section 28-2409 shall use a designated and marked parking space provided pursuant to this article only when the person is transporting the minor with permanent physical disabilities.
A.R.S. § 28-3153 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3153
28-3153 Driver license issuance; prohibitions
Status: in_force

28-3153. Driver license issuance; prohibitions

A. The department shall not issue the following:

1. A driver license to a person who is under eighteen years of age, except that the department may issue:

(a) A restricted instruction permit for a class D or G license to a person who is at least fifteen years of age.

(b) An instruction permit for a class D, G or M license as provided by this chapter to a person who is at least fifteen years and six months of age.

(c) A class G or M license as provided by this chapter to a person who is at least sixteen years of age.

2. A class D, G or M license or instruction permit to a person who is under eighteen years of age and who has been tried in adult court and convicted of a second or subsequent violation of criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or convicted of a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814, or who has been adjudicated delinquent for a second or subsequent act that would constitute criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or adjudicated delinquent for an act that would constitute a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814, if committed by an adult.

3. A class A, B or C license to a person who is under twenty-one years of age, except that the department may issue a class A, B or C license that is restricted to only intrastate driving to a person who is at least eighteen years of age.

4. A license to a person whose license or driving privilege has been suspended, during the suspension period.

5. Except as provided in section 28-3315, a license to a person whose license or driving privilege has been revoked.

6. A class A, B or C license to a person who has been disqualified from obtaining a commercial driver license.

7. A license to a person who on application notifies the department that the person is an alcoholic as defined in section 36-2021 or a drug dependent person as defined in section 36-2501, unless the person submits a medical examination report that includes a current evaluation from an addiction counselor indicating that, in the opinion of the counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle.

8. A license to a person who has been adjudged to be incapacitated pursuant to section 14-5304 and who at the time of application has not obtained either a court order that allows the person to drive or a termination of incapacity as provided by law.

9. A license to a person who is required by this chapter to take an examination unless the person successfully passes the examination.

10. A license to a person who is required under the motor vehicle financial responsibility laws of this state to deposit proof of financial responsibility and who has not deposited the proof.

11. A license to a person if the department has good cause to believe that the operation of a motor vehicle on the highways by the person would threaten the public safety or welfare.

12. A license to a person whose driver license has been ordered to be suspended for failure to pay child support, except that a noncommercial restricted license may be issued pursuant to section 25-518.

13. A class A, B or C license to a person whose license or driving privilege has been canceled until the cause for the cancellation has been removed.

14. A class A, B or C license or instruction permit to a person whose state of domicile is not this state.

15. A class A, B or C license to a person who fails to demonstrate proficiency in the English language as determined by the department.

B. The department shall not issue a driver license to or renew the driver license of the following persons:

1. A person about whom the court notifies the department that the person violated the person's written promise to appear in court when charged with a violation of the motor vehicle laws of this state until the department receives notification in a manner approved by the department that the person appeared either voluntarily or involuntarily or that the case has been adjudicated, that the case is being appealed or that the case has otherwise been disposed of as provided by law.

2. If notified pursuant to section 28-1601, a person who fails to pay a civil penalty as provided in section 28-1601, except for a parking violation, until the department receives notification in a manner approved by the department that the person paid the civil penalty, that the case is being appealed or that the case has otherwise been disposed of as provided by law.

C. The magistrate or the clerk of the court shall provide the notification to the department prescribed by subsection B of this section.

D. Notwithstanding any other law, the department shall not issue to or renew a driver license or nonoperating identification license for a person who does not submit proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law.  For an application for a driver license or a nonoperating identification license, the department shall not accept as a primary source of identification a driver license issued by a state if the state does not require that a driver licensed in that state be lawfully present in the United States under federal law.  The director shall adopt rules necessary to carry out the purposes of this subsection.  The rules shall include procedures for:

1. Verification that the applicant's presence in the United States is authorized under federal law.

2. Issuance of a temporary driver permit pursuant to section 28-3157 pending verification of the applicant's status in the United States.
A.R.S. § 28-5738 — Arizona Code / Title 28 / Chapter 16 / Article 2 / Section 5738
28-5738 License denial
Status: in_force

28-5738. License denial

The director or authorized third party may deny a license if the application:

1. Is filed by a person whose license at any time before application has been revoked for cause by the director.

2. Contains a misrepresentation, misstatement or omission of material information required by the application.

3. Is filed by some person as a subterfuge for the real person in interest whose license or registration at any time before application has been revoked for cause by the director.

4. Is filed by a person who is delinquent in the payment of any fee, tax, penalty or other amount due the department or for its account as determined by the director after granting the applicant a hearing of which the applicant is given ten days' notice in writing and in which the applicant has the right to appear in person or by counsel and present testimony.

5. Is filed by a person who has been licensed previously by any member jurisdiction of the international fuel tax agreement and that license is under revocation.
A.R.S. § 28-2444 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2444
28-2444 Arizona professional hockey club special plates; fund
Status: in_force

28-2444. Arizona professional hockey club special plates; fund

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

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

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

D. The Arizona professional hockey club special plate fund is established consisting of monies deposited pursuant to this section. The director shall administer the fund.  The first thirty-two thousand dollars in the fund shall be reimbursed to the entity that paid the implementation fee to the department pursuant to subsection A of this section. Not more than ten percent of the monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.  The director shall allocate monies from the fund through a private Arizona professional hockey organization's foundation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes. The director shall forward all monies deposited in the Arizona professional hockey club special plate fund, excluding administrative fees, to the foundation on an annual basis.

E. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-5857 — Arizona Code / Title 28 / Chapter 16 / Article 4 / Section 5857
28-5857 Motor vehicle; reduced motor carrier fee; agricultural products; civil traffic violation; definition
Status: in_force

28-5857. Motor vehicle; reduced motor carrier fee; agricultural products; civil traffic violation; definition

A. The director shall compute a reduced motor carrier fee that is seven-tenths of the full rate for a motor vehicle that is used only for transporting agricultural products if the motor carrier has done both of the following:

1. Applied to the department for reduced fee status.

2. Given the information required by the director to determine the eligibility of the vehicle to be classified under this section.

B. A motor carrier who pays a reduced motor carrier fee under this section may not apply for a reduced motor carrier fee provided for under section 28-5855 or 28-5867.

C. A motor carrier who pays a reduced motor carrier fee pursuant to this section for a motor vehicle shall not use that motor vehicle for transporting anything other than agricultural products. A violation of this subsection is a civil traffic violation.

D. For the purposes of this section, "agricultural products" means either:

1. Crops, livestock, machinery or supplies used or produced in farming operations.

2. Products, crops or livestock in their unmanufactured or unprocessed states.
A.R.S. § 28-6392 — Arizona Code / Title 28 / Chapter 17 / Article 3 / Section 6392
28-6392 County regional area road fund; distribution; repayment of misused monies; investment
Status: in_force

28-6392. County regional area road fund; distribution; repayment of misused monies; investment

A. Each month the state treasurer shall distribute the monies in the county's regional area road fund to the individual county and to the individual cities and towns in the county in the manner that is determined by the board of supervisors before the election and that is described in the publicity pamphlet for the election.

B. The jurisdiction receiving the revenues may use the revenues only for street and highway purposes or for transportation projects included in the regional transportation plan of the county as prepared by the county regional planning agency. If the auditor general reports to the state treasurer after conducting a performance audit pursuant to section 41-1279.03, subsection A, paragraph 6 that a jurisdiction has not used revenues as provided in this subsection:

1. The state treasurer shall require the jurisdiction to directly repay the fund the full amount of the misused monies beginning immediately as a lump sum or in consecutive annual payments of at least ten percent of the full amount each fiscal year.

2. If the jurisdiction fails to timely and fully repay the fund as required by paragraph 1 of this subsection, the state treasurer shall withhold the noncomplying jurisdiction's revenues until the noncomplying jurisdiction presents evidence that is satisfactory to the auditor general and that shows that the jurisdiction has spent monies for purposes prescribed in this subsection from another general revenue source equal to the amount of the revenues diverted from the uses prescribed in this subsection.

C. The state treasurer shall invest and divest monies in the county's regional area road fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-4421 — Arizona Code / Title 28 / Chapter 10 / Article 4 / Section 4421
28-4421 Selling dealer's duties
Status: in_force

28-4421. Selling dealer's duties

A. For purposes of issuing a certificate of title, registration, warranties, rebates and incentives in a brokered sale of a new motor vehicle to a retail consumer, the selling new motor vehicle dealer and not the broker is responsible for:

1. Applying for a certificate of title in the name of the purchaser and securing vehicle registration and the license plates for the purchaser.

2. Securing the manufacturer's warranty in the name of the purchaser.

3. Making all applications for any manufacturer's rebates and incentives due the purchaser.

B. If there is a manufacturer's recall, the retail consumer shall be notified directly by the manufacturer.
A.R.S. § 28-5923 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5923
28-5923 Collection
Status: in_force

28-5923. Collection

A. In an action for the collection of motor fuel taxes or interest or penalties imposed in connection with the taxes, an assessment by the director of the amount of the tax due or interest or penalties due this state is prima facie evidence of the claim of the state, and the burden of proof is on the person to show that the assessment was incorrect and contrary to law.

B. The attorney general shall prosecute an action to collect any delinquent tax or penalty.
A.R.S. § 28-737 — Arizona Code / Title 28 / Chapter 3 / Article 7 / Section 737
28-737 High occupancy vehicle lanes; civil penalty; definition
Status: in_force

28-737. High occupancy vehicle lanes; civil penalty; definition

A. Except as provided in sections 28-2416 and 28-2416.01 and subsection B of this section, a person shall not drive a vehicle carrying fewer than two persons, including the driver, in a high occupancy vehicle lane at any time the use of the high occupancy vehicle lane is restricted to vehicles carrying two or more persons, including the driver.

B. Subsection A does not apply to any of the following:

1. During the performance of a tow truck operator's duties, a tow truck operator driving a tow truck.

2. A person driving a motorcycle.

3. A person driving a public transportation vehicle.

4. An authorized emergency vehicle as defined in section 28-101 that is in use by a first responder in the line of duty.

C. A person who violates subsection A of this section is subject to a civil penalty of two hundred dollars.

D. Notwithstanding section 28-1554, one hundred dollars of each civil penalty collected pursuant to subsection C of this section shall be deposited in the state general fund.

E. For the purposes of this section, "public transportation vehicle" means any vehicle that provides a public entity's public transportation service and either:

1. Is owned or operated by the public entity.

2. Is operated under a contract with the public entity.
A.R.S. § 28-6532 — Arizona Code / Title 28 / Chapter 18 / Article 2 / Section 6532
28-6532 Population determination; decennial or special census; population estimates
Status: in_force

28-6532. Population determination; decennial or special census; population estimates

A. Except as provided by section 42-5033.01, the population as shown by the decennial census as certified by the United States bureau of the census shall be used as the basis for the apportionment of monies pursuant to this article on July 1 in the year after the decennial census.

B. During the fifth year after the decennial census, a county, city or town may request the United States bureau of the census to take a special census of the population of the county, city or town. The results of the special census shall be certified to the state treasurer and shall be used on July 1 in the year after the special census as the basis for the apportionment of monies pursuant to this article, except that a city or town may elect to use either the results of the special census or the most recent population estimates from the United States bureau of the census as provided under section 42-5033.01.  A city or town may use the results of the special census for only one year, and beginning on July 1 in the second year after the special census, the city or town shall use the most recent population estimates from the United States bureau of the census as provided under section 42-5033.01 as the basis for the apportionment of monies pursuant to this article.

C. Notwithstanding any other law, a city or town that is initially incorporated after the decennial census or July 1 of the fifth year after the decennial census and that has caused a special census of the population within the city or town limits to be taken by the United States bureau of the census may cause the result of the special census to be certified to the state treasurer. Beginning on July 1 after the completion of the special census, the results of the special census or the most recent population estimates from the United States bureau of the census may be used as the basis of the apportionment of monies pursuant to this article in determining the amount payable to the city or town.  A city or town may use the results of the special census for only one year, and beginning on July 1 in the second year after the special census, the city or town shall use the most recent population estimates from the United States bureau of the census as provided under section 42-5033.01 as the basis for the apportionment of monies pursuant to this article.

D. A county may request and utilize a special census for the purposes of subsection B of this section even if one or more incorporated cities or towns in the county do not request a special census. The county special census shall include only those persons residing in unincorporated areas of the county.
A.R.S. § 28-1851 — Arizona Code / Title 28 / Chapter 6 / Article 3 / Section 1851
28-1851 Definitions
Status: in_force

28-1851. Definitions

In this article, unless the context otherwise requires:

1. "Executive head" means the governor of the state of Arizona.

2. "Licensing authority" means the department.
A.R.S. § 28-9705 — Arizona Code / Title 28 / Chapter 32 / Article 1 / Section 9705
28-9705 Commercial motor vehicles
Status: in_force

28-9705. Commercial motor vehicles

A fully autonomous vehicle that is also a commercial motor vehicle as defined in section 28-5201 may operate pursuant to state laws governing the operation of commercial motor vehicles, except that any provision that by its nature reasonably applies only to a human driver does not apply to a fully autonomous commercial motor vehicle operating with the automated driving system engaged.
A.R.S. § 28-4037 — Arizona Code / Title 28 / Chapter 9 / Article 2 / Section 4037
28-4037 Foreign vehicles; exception
Status: in_force

28-4037. Foreign vehicles; exception

A. Before a vehicle owner or lessor operates in this state a vehicle that is subject to sections 28-2321 through 28-2324 and that has primary registration and license plates issued by a foreign country or jurisdiction of a foreign country with which this state does not have motor vehicle registration reciprocity or an agreement for proportional registration, the owner or lessor shall submit to the department proof of financial responsibility for the future pursuant to this article that provides valid insurance coverage in this state and that is issued by an insurer that has been issued a certificate of authority or that has been permitted to transact surplus lines insurance by the public official that supervises insurance in a state of the United States or the District of Columbia.

B. The department may refuse to issue the registration for a vehicle or may cancel the registration of a vehicle owned or operated by a person who does not comply with this section.

C. This section does not apply to a vehicle registered pursuant to section 28-2325.
A.R.S. § 28-7655 — Arizona Code / Title 28 / Chapter 21 / Article 4 / Section 7655
28-7655 Characteristics of bonds
Status: in_force

28-7655. Characteristics of bonds

The bonds issued under this article:

1. Are fully negotiable within the meaning and for all purposes provided by title 47.

2. Are payable only according to their terms from bridge construction revenues or highway improvement revenues, as applicable, and are not general, special or other obligations of the issuing county or this state. The bonds do not constitute a legal debt of this state and are not enforceable against this state. Payment of the bonds shall not be made from any monies other than those allowed to be pledged.
A.R.S. § 28-857 — Arizona Code / Title 28 / Chapter 3 / Article 12 / Section 857
28-857 School bus signs; overtaking and passing school bus; violation; driver license suspension; civil penalty
Status: in_force

28-857. School bus signs; overtaking and passing school bus; violation; driver license suspension; civil penalty

A. On meeting or overtaking from either direction a school bus that has stopped on the highway, the driver of a vehicle on a highway shall:

1. Stop the vehicle before reaching the school bus, if the school bus is displaying the signal as provided in subsection D of this section and if alternately flashing lights are in use.

2. Not proceed until the school bus resumes motion or the signal and alternately flashing lights are no longer displayed.

B. A school bus shall have on the front and rear of the school bus a plainly visible sign containing the words "school bus" in letters not less than eight inches in height.

C. A school bus operated on a highway shall cover or conceal all markings indicating "school bus" unless the school bus is operated for the transportation of children to or from any of the following:

1. School.

2. School sponsored academic activities.

3. School sponsored vocational and technical education.

4. School sponsored athletic trips.

5. School sponsored extracurricular activities.

D. A school bus shall have a signal with the word "stop" printed on both sides in white letters not less than five inches high on a red background. The signal shall be an eighteen inch reflectorized octagon. When transporting school children to or from school or home, the operator of the school bus shall:

1. Manually operate the signal in a manner so that the signal is clearly visible from both front and rear when extended from the left of the body of the school bus.

2. Display the signal and alternately flashing lights if passengers are being received or discharged while the school bus is stopped on the roadway or a private road or driveway as defined in section 28-601.

E. The driver of a vehicle on a highway with separate roadways need not stop on meeting or passing a school bus that is:

1. On a different roadway.

2. On a controlled access highway and the school bus is stopped in a loading zone that is a part of or adjacent to the highway and where pedestrians are not permitted to cross the roadway.

F. For the purposes of subsection E of this section, a lane or group of lanes on either side of a two-way left turn lane is not considered a separate roadway.

G. A person who is responsible for a violation of subsection A of this section is subject to a civil penalty as follows:

1. The court shall impose a minimum civil penalty of two hundred fifty dollars for the first violation.

2. If a person violates this section a second time within a period of thirty-six months, the court shall impose a minimum civil penalty of seven hundred fifty dollars and shall direct the department to suspend the driver license of the person for not more than six months.

3. If a person violates this section three or more times within a period of thirty-six months, the court shall impose a minimum civil penalty of one thousand dollars and shall direct the department to suspend the driver license of the person for at least six months but not more than one year.
A.R.S. § 28-2441 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2441
28-2441 Hunger relief special plates; fund
Status: in_force

28-2441. Hunger relief special plates; fund

A. If, by June 30, 2012, an entity pays thirty-two thousand dollars to the department for the implementation of this section, the department shall issue hunger relief special plates.  The entity that provides the thirty-two thousand dollars shall design the hunger relief special plates. The design and color of the hunger relief special plates are subject to the approval of the department.  The director may allow a request for hunger relief 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 hunger relief special plates.

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

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

D. The hunger relief special plate fund is established consisting of monies received pursuant to this section.  The director shall administer the fund.  The first thirty-two thousand dollars received shall be reimbursed to the entity that paid the implementation fee to the department pursuant to subsection A of this section. Monies in the fund are continuously appropriated. The director shall annually allocate all monies from the fund to an organization that operates statewide to coordinate food bank services and that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes. The organization shall establish a process to distribute the monies annually to organizations that provide food distribution to hungry people in this state and that are qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes.  To the extent possible, the distributing organization shall distribute monies collected in a geographic region to organizations serving individuals in that region.  The director shall forward all monies deposited in the hunger relief special plate fund to the organization on an annual basis. The organization may retain not more than ten per cent of the monies for documented expenses related to an application and award process.

E. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 28-4402 — Arizona Code / Title 28 / Chapter 10 / Article 4 / Section 4402
28-4402 Recreational vehicles; public events; permits
Status: in_force

28-4402. Recreational vehicles; public events; permits

A. A motor vehicle dealer who is licensed to sell only recreational vehicles as defined in section 28-3102 and who is the only franchisee for that line-make in the county in which the motor vehicle dealer is licensed may exhibit and sell those recreational vehicles at a fair or similar public event in an adjacent county by permit if a franchisee for that line-make is not licensed in the adjacent county.

B. A licensed motor vehicle dealer may display and sell motor vehicles during a public event for a limited period of time, not to exceed ten days in any one calendar year, outside of the county in which the licensed motor vehicle dealer has an established place of business if the display and sales take place in an incorporated city or town whose boundaries include territory within two counties and the licensed motor vehicle dealer's established place of business is in one of the two counties. Before any display or sales, the licensed motor vehicle dealer shall obtain a permit from the department and shall submit proof to the department that the proposed site is in compliance with local zoning ordinances.
A.R.S. § 28-9501 — Arizona Code / Title 28 / Chapter 30 / Article 1 / Section 9501
28-9501 Definitions
Status: in_force

28-9501. Definitions

In this chapter, unless the context otherwise requires:

1. "Taxi meter" means a device that automatically calculates at a predetermined rate the charge for the hire of a vehicle and that indicates the charge.

2. "Vehicle for hire" means a taxi, livery vehicle or limousine.

3. "Vehicle for hire company" means a company that offers local transportation through use of a taxi, livery vehicle or limousine or a combination of taxis, livery vehicles or limousines.
A.R.S. § 28-8282 — Arizona Code / Title 28 / Chapter 25 / Article 3 / Section 8282
28-8282 Prohibited operation; under the influence; incapacitation
Status: in_force

28-8282. Prohibited operation; under the influence; incapacitation

A. A person shall not operate or be in actual physical control of an aircraft if the person is either:

1. Under the influence of intoxicating liquor, narcotic or other drugs or marijuana.

2. By reason of mental or physical disability, incapable of operating an aircraft under the circumstances.

B. In a criminal prosecution for a violation of subsection A relating to operating an aircraft while under the influence of intoxicating liquor, it is presumed that the defendant was under the influence of intoxicating liquor if there was at the time 0.04 per cent or more by weight of alcohol in the defendant's blood, urine, breath or other bodily substance. This subsection does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.

C. A person shall not operate or be in actual physical control of an aircraft either:

1. While there is 0.04 per cent or more by weight of alcohol in the person's blood.

2. Within eight hours after consuming intoxicating liquor, narcotic or habit forming drugs or marijuana.

D. An owner of an aircraft or a person in charge or control of an aircraft shall not knowingly permit the aircraft to be operated by a person in violation of subsection A or C.

E. Per cent by weight of alcohol in the blood is based on grams of alcohol per hundred cubic centimeters of blood.
A.R.S. § 28-6705 — Arizona Code / Title 28 / Chapter 19 / Article 1 / Section 6705
28-6705 Public road and street maintenance
Status: in_force

28-6705. Public road and street maintenance

A. The board of supervisors may spend public monies for maintenance of public roads and streets other than legally designated state and county highways located without the limits of an incorporated city or town. Before spending public monies under this section, the roads or streets shall be either:

1. Laid out, opened and constructed in accordance with standard engineering road specifications adopted by the board of supervisors without cost to the county.

2. Completed pursuant to a plat that is approved pursuant to sections 11-802 and 11-822.

B. The board of supervisors may spend public monies for maintenance of public roads and streets that were laid out, constructed and opened before June 13, 1990 even if the roads and streets were not constructed in accordance with subsection A of this section.

C. Maintenance of a public road or street does not include purchasing or laying cement. To reduce long-term maintenance costs for maintenance authorized by this section, the board of supervisors may spend monies to add rock products, gravel and processed materials to the base of the roads and streets.  Petroleum based or nonpetroleum based products may be used in the maintenance and repair of unpaved roads, alleys and shoulders identified pursuant to section 9-500.04 or 49-474.01 or unpaved roads, alleys and shoulders in any county where the control officer as defined in section 49-471 certifies to the board of supervisors that emissions from such roads, alleys or shoulders may endanger compliance with the national ambient air quality standard as defined in section 49-401.01.
A.R.S. § 28-1634 — Arizona Code / Title 28 / Chapter 5 / Article 5 / Section 1634
28-1634 Registration allowed
Status: in_force

28-1634. Registration allowed

A. The department shall allow registration of the vehicle if it receives the form prescribed by the director pursuant to section 28-1633 from the court or political subdivision that requested the department not to register the motor vehicle.

B. The department shall not refuse to register a vehicle under this article if there is a transfer of ownership of the vehicle involved to a bona fide purchaser. For purposes of this subsection, "bona fide purchaser" means a purchaser who buys a vehicle in good faith and without knowledge that the seller's right to renew the vehicle registration has been refused pursuant to this article.
A.R.S. § 28-5731 — Arizona Code / Title 28 / Chapter 16 / Article 2 / Section 5731
28-5731 Record requirements
Status: in_force

28-5731. Record requirements

A. A licensee under this article shall make records as prescribed and in the manner required by the director as reasonably necessary to substantiate reports required by this article.  A licensee shall retain those records at least until the later of the following:

1. Three years after a report is required to be filed pursuant to section 28-5732.

2. Three years after a report is filed.

B. The records shall include receipts pursuant to section 28-5617 for each sale or transfer of use fuel for use in a use class motor vehicle.  In addition to the information required by section 28-5617, a licensee shall identify the motor vehicle by license plate number or unit number on the receipt or transaction listing.

C. The director may examine the books, papers, records and equipment of any person using, dealing in, transporting or storing fuel to determine whether the use fuel taxes due under article 1 of this chapter are properly reported and paid.

D. A person from whom the director has requested records may:

1. Make the records available at the office designated by the director.

2. If the place of business where records may be audited is located in this state, request the director to audit the records at the person's place of business.

E. If the person does not make records available at the office designated by the director and the place of business where records may be audited is located outside this state, the director may require the person to pay the department in advance for the cost of reimbursing employee subsistence and travel expenses.
A.R.S. § 28-8475 — Arizona Code / Title 28 / Chapter 25 / Article 7 / Section 8475
28-8475 Appeals; superior court
Status: in_force

28-8475. Appeals; superior court

A. A person who is aggrieved or a taxpayer who is affected by a decision of a board of adjustment, or a governing body of a political subdivision or a joint airport zoning board that is of the opinion that a decision of a board of adjustment is invalid, may file a verified petition in the superior court setting forth that the decision is invalid, wholly or partially, and specifying the grounds. The petition shall be filed within thirty days after the decision is filed in the office of the board.

B. On presentation of the petition, the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board. The allowance of the writ does not stay proceedings on the decision appealed from, but on application and on notice to the board and on good cause shown, the court may grant injunctive relief.

C. The board of adjustment is not required to return the original record acted on. It is sufficient for the board of adjustment to return certified or sworn copies of the record or parts of the record as may be called for by the writ. The return shall concisely set forth other facts that are material to show the grounds of the decision appealed from and shall be verified.

D. The court has exclusive jurisdiction to:

1. Affirm, modify or set aside the decision reviewed, wholly or partially.

2. If necessary, order further proceedings by the board of adjustment.

E. The court shall accept findings of fact by the board as conclusive if they are supported by substantial evidence. The court shall not consider an objection to a decision of the board unless the objection has been urged before the board, or if it was not urged, unless there are reasonable grounds for failure to do so.

F. The court shall not allow costs against the board of adjustment unless it appears to the court that the board of adjustment acted with gross negligence, in bad faith or with malice in making the decision that is appealed.

G. In a case in which the court holds that airport zoning regulations adopted under this article, although generally reasonable, interfere with the use or enjoyment of a particular structure or parcel of land to such an extent or are so onerous in their application to the structure or parcel of land as to constitute a taking of property in violation of the constitution of this state or the United States, the holding does not affect application of the regulations to other structures and parcels of land.
A.R.S. § 28-3223 — Arizona Code / Title 28 / Chapter 8 / Article 5 / Section 3223
28-3223 Original applicant; requirements; expiration; renewal examination
Status: in_force

28-3223. Original applicant; requirements; expiration; renewal examination

A. In addition to the requirements applicable to all driver license applicants, an original applicant for a class A, B or C license is subject to the following requirements:

1. The applicant shall submit evidence of compliance with medical standards and requirements that the department adopts by rule.

2. The applicant must have held a driver license for at least one year either in this state, any other state or a foreign country.

3. The applicant shall take additional knowledge examinations to demonstrate understanding of the following:

(a) Safety operation rules.

(b) Commercial motor vehicle safety control systems.

(c) Safe vehicle control.

(d) The relationship of cargo to vehicle control.

(e) Basic hazardous materials knowledge.

(f) The objectives and proper procedures for performing vehicle safety inspections.

(g) Air brake systems.

(h) Legal requirements for size, weight and vehicle configurations.

(i) Emergency procedures.

4. In addition to the other requirements of this section, an applicant for a class A driver license shall demonstrate a knowledge and understanding of:

(a) Vehicle coupling and uncoupling.

(b) Unique combination vehicle inspections.

5. The applicant shall take a driving test in a vehicle or vehicle combination that at least meets the minimum size requirements for the class of driver license sought.  The driving test shall include a demonstration of familiarity with pretrip inspection procedures.

B. A person possessing a commercial driver license on or before June 30, 2005 shall renew the license within eight years according to procedures established by the department.

C. Notwithstanding section 28-3171, the holder of a class A, B or C driver license shall renew the license every eight years in a manner prescribed by the department.

D. The department may administer an examination to a renewal applicant for a class A, B or C driver license. This examination on renewal shall include the following:

1. Evidence of compliance with medical standards adopted by the department.

2. Administration of knowledge tests or road tests, or both, as required of an original applicant.
A.R.S. § 28-6305 — Arizona Code / Title 28 / Chapter 17 / Article 1 / Section 6305
28-6305 Construction account; expenditures; construction contracts
Status: in_force

28-6305. Construction account; expenditures; construction contracts

A. Except as provided in subsection B of this section, monies in the construction account of the regional area road fund shall be spent, pledged or accumulated for the purposes provided in section 28-6304, subsection C, paragraphs 4 and 5, including payment of interest on and repayment of bonds and obligations issued pursuant to chapter 21 of this title if the proceeds of the bonds or obligations are used for the purposes provided in section 28-6304, subsection C, paragraphs 4 and 5.

B. Of the monies deposited in the construction account of the regional area road fund under section 28-6303, the state treasurer shall:

1. In each fiscal year, divide and equally distribute $5,000,000 to:

(a) The public transportation fund established in that county under section 48-5103.

(b) The regional planning agency in that county for planning and administering the plan approved pursuant to section 28-6308. The state treasurer shall distribute monies under this subdivision through the department on or before June 30 of each year.

2. Beginning with fiscal year 1987-1988, adjust the monies distributed under paragraph 1 of this subsection by the annual percentage change for the previous calendar year in the GDP price deflator as defined in section 41-563.

C. The monies distributed under subsection B of this section shall only be spent for planning and administering the plan approved pursuant to section 28-6308 and the costs incurred by the auditor general relating to performance audits under section 28-6313. Before the beginning of each fiscal year, the respective governing bodies of the members of the regional planning agency and the board of directors of the regional public transportation authority shall explicitly identify and approve in budgets the monies to be spent under subsection B of this section for the purposes allowed under this subsection. These expenditures are subject to the annual audit of the governing bodies' financial transactions.

D. The director may enter into construction contracts or contracts incidental to construction contracts payable from monies in either the bond proceeds account or the construction account or both the bond proceeds and construction accounts.
A.R.S. § 28-9603 — Arizona Code / Title 28 / Chapter 31 / Article 1 / Section 9603
28-9603 Notice to owner of vehicle with lien
Status: in_force

28-9603. Notice to owner of vehicle with lien

After a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and before the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, if there is a lien on the shared vehicle, the peer-to-peer car sharing program shall notify the shared vehicle owner of both of the following:

1. Using the shared vehicle through a peer-to-peer car sharing program might violate the terms of the shared vehicle owner's contract with the lienholder.

2. The contract with the lienholder might impose specific requirements for physical damage coverage.
A.R.S. § 28-5604 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5604
28-5604 Reward for detecting violations
Status: in_force

28-5604. Reward for detecting violations

The department may set up in its budget for the fiscal year an item from which a person, other than a state officer or employee, who directs the attention of the director to a person who has failed to file the required reports and has failed to pay taxes imposed by this article or section 28-8344 may be paid an amount that in the discretion of the department is deemed proper but that does not exceed ten per cent of the amount of the tax, penalty and interest ultimately collected from the person as a result of the information.
A.R.S. § 28-4365 — Arizona Code / Title 28 / Chapter 10 / Article 3 / Section 4365
28-4365 Action on application; denial; immunity from costs
Status: in_force

28-4365. Action on application; denial; immunity from costs

A. Within twenty days after completion of the criminal records check, the director shall approve or deny the application for the issuance of a license.  If the application is denied, the director shall advise the applicant in writing of the denial and the grounds for the denial.

B. The director may deny an application for a license if:

1. An individual included in the application made a misrepresentation, omission or misstatement in the application to conceal a matter that may cause the application to be denied.

2. An individual included in the application 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 the criminal records check is complete.

3. An individual included in the application 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 the criminal records check is complete.

4. An individual in the application does not meet the requirements of law or the requirements of a rule adopted by the director pursuant to law.

5. Within five years preceding the application, an individual included in the application has had a similar license suspended, revoked or cancelled in this or any other state.

C. The individual whose information is found to be a misrepresentation, omission or misstatement is not eligible to reapply for a license for twelve months from the date of denial.

D. The department or its employees are not liable for any costs incurred by an applicant seeking licensure under this chapter.
A.R.S. § 28-7044 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7044
28-7044 Signs
Status: in_force

28-7044. Signs

The director shall:

1. Prescribe standard board and road signs or other devices and provide a uniform system of marking and signaling on state routes and state highways that correlate with and as far as possible conform to the system approved by the American association of state highway officials.

2. Regulate the use of advertising signboards and road signs on state roads or state highways.
A.R.S. § 28-8322 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8322
28-8322 Registration; exceptions; definition
Status: in_force

28-8322. Registration; exceptions; definition

A. Aircraft based in this state shall be registered with the department.

B. A person or governmental entity shall register an aircraft by applying to the department on a form provided by the department within sixty days after the aircraft is brought into this state. A person who registers an aircraft shall renew the registration annually as prescribed by section 28-8322.01.

C. The department shall not issue a registration certificate for an aircraft to a person who is subject to the use tax paid pursuant to title 42, chapter 5, article 4 unless the applicable tax has been paid as shown by a receipt from the collecting officer.

D. Subsections A and B of this section do not apply to aircraft that is any of the following:

1. Operated by an airline company and regularly scheduled for the primary purpose of carrying persons or property for hire in interstate, intrastate or international transportation.

2. Owned by a nonresident who bases the aircraft in this state for a period of not more than ninety consecutive days or ninety days in any one calendar year, if the aircraft is not engaged in intrastate commercial activity.

3. A balloon.

E. Aircraft, except aircraft included in subsection D, paragraph 1 or 3 of this section, entering the state to engage in intrastate commercial operations shall be registered before commencing these operations.

F. For the purposes of this section, "balloon" means either:

1. An aircraft that is a flexible, nonporous bag inflated with a gas that is lighter than air.

2. A hot air balloon.