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2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3322 - Suspension of license for persons eighteen, nineteen and twenty years of age; definition

28-3322.
Suspension of license for persons eighteen,  nineteen and twenty years of age;  definition
A. In addition to the grounds for mandatory suspension or revocation provided for in chapters 3,  4 and 5 of this title,  the department shall immediately suspend the driver license or privilege to drive or refuse to issue a driver license or privilege to drive of a person who commits a violation of section 4-244,  paragraph 34 while the person is eighteen,  nineteen or twenty years of age on receipt of the record of the person's conviction for a violation of section 4-244,  paragraph 34 for a period of two years.
B. If ordered by the court,  the department shall restrict the person's privilege to drive between the person's home,  school and place of employment during specified periods of time according to the person's school and employment schedule.
C. If a person's privilege to drive is restricted as prescribed in subsection B of this section,  the department shall issue a special ignition interlock restricted driver license to the person pursuant to section 28-1401.
D. For the purposes of this section,  " conviction"  means a final conviction or judgment,  including an order of the juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3392 - Defensive driving school; eligibility

28-3392.
Defensive driving school;  eligibility
A. A court:
1. Shall allow an individual who is issued a citation for a civil traffic moving violation pursuant to chapter 3,  articles 2,  3,  4 and 6 through 15 of this title or a local civil traffic ordinance relating to the same subject matter to attend a defensive driving school for the purposes provided in this article.
2. Except as prescribed in subsection C of this section:
(a) May allow an individual who is issued a citation for a violation of section 28-701.02 to attend a defensive driving school.
(b) Shall allow an individual who holds a commercial driver license and who is issued a citation for a civil traffic moving violation pursuant to chapter 3,  article 2,  3,  4,  6,  7,  8,  9,  10,  11,  12,  13,  14 or 15 of this title or a local civil traffic ordinance relating to the same subject matter to attend a defensive driving school for the purposes provided in this article only if the individual was driving a vehicle requiring a class D license or a class M license and the vehicle was not being used for commercial purposes.
B. A person who attends a defensive driving school pursuant to this article is not eligible to attend a defensive driving school again within twelve months from the day of the last violation for which the person was authorized by this article to attend a defensive driving school.
C. Notwithstanding subsection A of this section:
1. An individual who commits a civil or criminal traffic violation resulting in death or serious physical injury is not eligible to attend a defensive driving school,  except that the court may order the individual to attend a defensive driving school in addition to another sentence imposed by the court on an adjudication or admission of the traffic violation.
2. If a driver of a commercial motor vehicle that requires a commercial driver license is found guilty or responsible for a moving violation,  the court may require the violator to attend defensive driving school as an element of sentence,  but may not dismiss the conviction or finding of responsibility and shall report the conviction or finding of responsibility to the department as prescribed in section 28-1559. A driver of a commercial motor vehicle that requires a commercial driver license is not eligible for the defensive driving diversion program.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3393 - Defensive driving school attendance; discrimination prohibited; notice requirements

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.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3394 - Successful course completion

28-3394.
Successful course completion
A. Except as provided in section 28-3394.01,  if an eligible individual successfully completes the course at a defensive driving school:
1. The court shall dismiss the civil or criminal traffic citation for which the individual attended the school.
2. The department shall not include a record of the civil or criminal traffic citation for which the individual attended the school on the individual's driving record.
B. The dismissal of a civil or criminal traffic citation pursuant to this section does not preclude the introduction of evidence pertaining to the issuance of the citation in a civil or criminal proceeding.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3394.01 - Commercial driver license holders

28-3394.01.
Commercial driver license holders
A. The court shall forward to the department an abstract of a record of judgment against a person who holds a commercial driver license and who is eligible to attend defensive driving school pursuant to section 28-3392. The department shall include a record of the civil traffic violation on the person's driving record. The department or an agency of this state may not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked.
B. If the person described in subsection A of this section successfully completes the course at a defensive driving school:
1. The court may not impose a civil penalty for the traffic citation for which the individual attended the school.
2. For private passenger motor vehicle liability insurance,  an insurer shall consider the traffic citation equivalent to a dismissed traffic citation pursuant to section 28-3394 except that an insurer of a commercial motor vehicle may consider the citation for underwriting and rating purposes for any policy covering the vehicle.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3395 - Supreme court authority and duties; rules; record

28-3395.
Supreme court authority and duties;  rules;  record
A. The supreme court may contract with a public or private agency that does not provide defensive driving schools in this state pursuant to this article to provide assistance in carrying out the duties of this article.
B. The supreme court shall:
1. Supervise the use of defensive driving schools by the courts in this state.
2. Make public the amount of the court diversion fee assessed by each court in this state pursuant to this article and the total cost to attend a defensive driving school in each court.
3. Establish an automated statewide database for keeping a record of persons who attend a defensive driving school. This database shall not include a record of persons who attend a defensive driving school for a driver education program pursuant to section 28-3174.
4. Adopt rules that establish criteria for the certification of qualified defensive driving schools and instructors used by the courts.
5. Establish procedures for courts and schools to remit reports that are required by the supreme court.
6. Certify and monitor defensive driving schools and instructors that serve as a court authorized diversion program.
7. Require that a defensive driving school class not exceed a total of four and one-half hours,  including any testing,  reviewing and grading related to the defensive driving school class.
8. Require each defensive driving school to submit to the supreme court the school's future schedule of classroom defensive driving courses,  including the dates,  start and end times,  instructors' names and location for each course. Each scheduled defensive driving school class shall admit only students who are registered with that school. A defensive driving school certified instructor may not teach or facilitate a defensive driving school class for more than one certified defensive driving school during the same class instruction time period. A course's date,  time and location may not be changed or canceled except for extraordinary circumstances.
C. The information contained in the database required by this section is not a public record.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3396 - Court diversion fee

28-3396.
Court diversion fee
A. The presiding judge of each court shall:
1. Set the amount of the court diversion fee that an individual,  including an individual who holds a commercial driver license,  who attends a defensive driving school may be assessed.
2. Charge an individual a forty-five dollar surcharge if the individual attends a defensive driving school.
3. Immediately inform the supreme court in writing of the amount of the court diversion fee that is established for the court and the total cost to attend a defensive driving school.
4. Immediately inform the supreme court in writing of any changes in the total cost to attend a defensive driving school.
B. Payment of the court diversion fee and surcharge is in lieu of payment of a civil penalty or criminal fine and any surcharge that are imposed for a traffic violation.
C. The driving school shall collect the court diversion fee and surcharge before or at the time an individual attends the school. On receipt of the diversion fee,  the defensive driving school shall transmit the fee promptly to the appropriate court pursuant to procedures prescribed by the supreme court. On receipt of the surcharge,  the defensive driving school shall transmit the surcharge promptly to the state treasurer for deposit,  pursuant to sections 35-146 and 35-147,  as follows:
1. The first ten million four hundred thousand dollars in revenue annually in the department of public safety forensics fund established by section 41-1730.
2. All remaining money in the state general fund.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3397 - Additional fees; disposition

28-3397.
Additional fees;  disposition
A. In addition to the court diversion fee and the fee for the cost to attend a defensive driving school,  a person who attends a defensive driving school pursuant to this article or by a court order shall pay a fee of not more than fifteen dollars that is established by the supreme court.
B. Before or at the time an individual attends a defensive driving school,  the school shall collect the defensive driving school fund fee established pursuant to this section and the fee,  if any,  charged by the defensive driving school for the course.
C. The defensive driving school shall transmit the fee established by the supreme court pursuant to this section to the supreme court. The supreme court shall deposit the fee in the defensive driving school fund established by section 28-3398 pursuant to procedures established by the supreme court.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3398 - Defensive driving school fund

28-3398.
Defensive driving school fund
A. A defensive driving school fund is established consisting of monies collected for the fee established by the supreme court pursuant to section 28-3397.
B. The monies in the fund shall be used,  subject to legislative appropriation,  to supervise the use of defensive driving schools by the courts in this state and to expedite the processing of all offenses prescribed in chapters 3 and 4 of this title.
C. The fund established in this section is not subject to reversion. On notice from the supreme court,  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.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3411 - Enforcement; contract with private entity

28-3411.
Enforcement;  contract with private entity
A. Subject to title 41,  chapter 6,  the director shall adopt rules for the administration and enforcement of this article. The director or the director's authorized representative shall inspect the school facilities and equipment used by applicants and licensees under this article.
B. The director shall administer and enforce this article.
C. The director may contract with a private entity to conduct inspections pursuant to this section and to administer any rules adopted pursuant to this section that relate to the licensure and administration of traffic survival schools pursuant to this article. The term of any contract entered into pursuant to this subsection shall not exceed five years with a right to renew for an additional five years. The private entity that contracts with the director pursuant to this subsection:
1. Shall not provide traffic survival school courses.
2. May charge a fee to each person who enrolls in a traffic survival school.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3412 - Fee; enrollment limitation

28-3412.
Fee;  enrollment limitation
A. Governmental agencies,  corporations or individuals that conduct traffic survival school educational sessions approved by the department may collect a fee that is reasonable and commensurate for the educational sessions.
B. Except as provided in section 28-3413,  subsection B,  paragraph 2,  subdivision (b) and notwithstanding any other law,  the only limitation on enrollment in a traffic survival school educational session shall be the lawful fire safety capacity of the facility in which the class meets.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3413 - License for schools; requirements; fingerprint clearance card

28-3413.
License for schools;  requirements;  fingerprint clearance card
A. A person may not act as a traffic survival school unless the person applies for and obtains from the director a license in the manner and form prescribed by the director.
B. Rules adopted by the director shall state the requirements for a school license,  including:
1. Requirements concerning location,  equipment,  courses of instruction,  instructors,  previous records of the school and instructors,  insurance in an amount and with provisions that the director deems necessary to protect adequately the interests of the public and other matters prescribed by the director.
2. A requirement that traffic survival school courses of instruction must:
(a) Consist of at least eight hours of instruction and include information relating to aggressive driving as provided by section 28-695.
(b) Be offered and completed in person and may not be offered or completed online unless the governor declares a state of emergency. The department may grant a person who enrolls in a traffic survival school a onetime waiver of the in-person requirement if the person demonstrates to the department that completing the course in person would impose a substantial burden on the person.
C. Each applicant who owns twenty percent or more of an entity and each partner or stockholder who owns twenty percent or more of an entity and who seeks licensure pursuant to this article shall provide the department or a contracted private entity of the department pursuant to section 28-3411 with a valid fingerprint clearance card issued pursuant to section 41-1758.03.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3414 - Refusal to issue or renew license of school

28-3414.
Refusal to issue or renew license of school
A. The director may refuse to issue or renew the license for a school if the director determines that the licensee or applicant has not complied with or has knowingly violated any provision of this article or any rule adopted pursuant to this article or has been convicted of a violation of title 13 or this title.
B. An applicant or licensee who is aggrieved by the director's decision may make a written request to the department for a hearing within thirty days after service of notice of the refusal. If the applicant or licensee does not request a hearing within thirty days,  the decision is final. If the applicant or licensee requests a hearing,  the director shall give written notice to the applicant or licensee to appear at the hearing and show cause why the refusal to issue or renew the license should not be upheld. After consideration of the evidence presented at the hearing,  the director shall serve notice in writing to the applicant or licensee of the director's findings and order.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3415 - License expiration; fees; disposition

28-3415.
License expiration;  fees;  disposition
A. Except as provided in section 32-4301,  all licenses expire on the last day of the calendar year and may be renewed on application to the director as prescribed by rule.
B. Each application for an original or renewal license to operate a traffic survival school shall be accompanied by a fee of two hundred dollars.
C. An application for a branch license shall be accompanied by a fee of fifty dollars.
D. A license fee may not be refunded if a license is suspended or revoked.
E. All monies received by the director from the fees provided in this article shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state highway fund established by section 28-6991.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3416 - Civil penalty; cancellation, suspension or revocation of license; appeal

28-3416.
Civil penalty;  cancellation,  suspension or revocation of license;  appeal
A. If the director finds that the licensee has not complied with or has knowingly violated this article or any rule adopted pursuant to this article or has been convicted of a violation of title 13 or this title,  the director may do either of the following:
1. Impose a civil penalty on the licensee of at least three hundred dollars but not more than three thousand dollars for each violation.
2. After conducting a hearing,  cancel,  suspend or revoke the license of the school.
B. Decisions of the director are subject to judicial review pursuant to title 12,  chapter 7,  article 6.
C. The director shall deposit,  pursuant to sections 35-146 and 35-147,  all civil penalties collected pursuant to this section in the state highway fund established by section 28-6991.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3417 - Cease and desist orders

28-3417.
Cease and desist orders
A. If the director has reasonable cause to believe that a traffic survival school licensed pursuant to this article has violated or is violating a law of this state or rule adopted by the director,  the director may immediately issue and serve on the licensee,  by personal delivery or first class mail at the business address of record,  a cease and desist order requiring the licensee to immediately cease and desist from further engaging in the business or the prohibited activity,  or both.
B. A licensee who receives a cease and desist order may submit a written request for a hearing to the director. The licensee shall submit the request for a hearing within thirty days after the licensee receives the cease and desist order. On failure of a licensee to comply with the order or after a requested hearing,  the director may suspend or cancel the licensee's license pursuant to section 28-3416.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3472 - Renting or leasing motor vehicle; restrictions

28-3472.
Renting or leasing motor vehicle;  restrictions
A. A person shall not rent or lease a motor vehicle to another person unless either:
1. The other person is licensed to operate the vehicle under this chapter.
2. If the other person is a nonresident,  the other person is licensed under the laws of the state or country of the other person's residence or the state or country of the nonresident does not require a driver to be licensed.
B. A person shall not rent or lease a motor vehicle to another person until the person inspects the driver license of the other person and compares and verifies the signature on the license with the signature of the other person that is written in the person's presence.
C. A person who rents or leases a motor vehicle to another person shall keep a record of the registration number of the rented or leased motor vehicle,  the name and address of the other person,  the number of the license of the other person and the date and place the license was issued. The person who rents or leases a motor vehicle shall allow a police officer or employee of the department to inspect the record.
D. A person shall not rent or lease a motorcycle or motor driven cycle to a person unless the operator is equipped with protective headgear and face gear as required in section 28-964.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3473 - Driving on a suspended, revoked or canceled license; violation; classification

28-3473.
Driving on a suspended,  revoked or canceled license;  violation;  classification
A. Except as provided in section 28-3482,  a person may not operate a motor vehicle on a public highway if the person's privilege to drive a motor vehicle is suspended,  revoked,  canceled or refused or if the person is disqualified from driving.
B. A person who violates this section is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3474 - Permitting unauthorized minor to drive; classification

28-3474.
Permitting unauthorized minor to drive;  classification
A person who knowingly causes or permits the person's child or ward or any person under eighteen years of age to drive a motor vehicle on a highway if the person is not authorized under this chapter or in violation of this chapter is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3476 - Falsification of license; classification

28-3476.
Falsification of license;  classification
A. A person who intentionally alters,  forges or counterfeits a driver license or nonoperating identification license issued by this state,  any other state,  Canada or Mexico is guilty of falsification of a license.
B. A person counterfeits a driver license or nonoperating identification license if a person produces,  prints,  issues or sells a card or document that meets all of the following conditions:
1. Is not a driver license or nonoperating identification license that is issued by this state,  any other state,  Canada or Mexico.
2. Is similar to or in the likeness of a driver license or nonoperating identification license that is issued by this state,  any other state,  Canada or Mexico.
3. Does not have printed on the front in at least twelve point bold type " Not an official license" .
C. Falsification of a license is a class 1 misdemeanor,  except that falsification of a license in which serious physical injury as defined in section 13-105 occurred as a result of the act from which the violation occurred is a class 6 felony.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3478 - Unlawful use of license; classification

28-3478.
Unlawful use of license;  classification
It is a class 2 misdemeanor for a person:
1. To knowingly display,  cause or permit to be displayed or have in the person's possession a canceled,  revoked,  suspended,  fictitious or fraudulently altered driver license.
2. To lend the person's driver license to another person or to knowingly permit the use of the person's driver license by another person.
3. To knowingly display or represent as the person's own driver license a driver license not issued to the person.
4. In a driver license application to:
(a) Knowingly use a false or fictitious name.
(b) Knowingly make a false statement.
(c) Knowingly conceal a material fact.
(d) Otherwise commit fraud.
5. To permit an unlawful use of the person's driver license.
6. To knowingly use a false or fictitious name in an application for a nonoperating identification license or to knowingly falsify other information required by section 28-3165,  make a false statement,  conceal a material fact or otherwise commit fraud in an application for a nonoperating identification license.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3480 - Operation in violation of restriction; classification; civil traffic violation

28-3480.
Operation in violation of restriction;  classification;  civil traffic violation
A. Except as provided in subsections B and C of this section,  a person who operates a motor vehicle in violation of a driver license restriction is guilty of a class 2 misdemeanor.
B. If the restriction that is violated is the requirement to wear corrective lenses while operating a motor vehicle,  the person is responsible for a civil traffic violation.
C. If the restriction that is violated is imposed pursuant to section 28-3308,  the person is responsible for a civil traffic violation.
D. If the person is cited for a violation of subsection C of this section and presents evidence to the court that the person's unrestricted driving privilege has been reinstated,  the court may dismiss the citation.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3481 - Commercial motor vehicle drivers; violations; classification

28-3481.
Commercial motor vehicle drivers;  violations;  classification
A. A person who drives a commercial motor vehicle on a highway in this state without a valid appropriate class of commercial driver license or commercial driver license endorsement is guilty of a class 3 misdemeanor.
B. A driver of a commercial motor vehicle who provides false or fraudulent information to an employer as required by section 28-3227 is guilty of a class 3 misdemeanor.
C. A driver of a commercial motor vehicle who fails to report the information required in section 28-3227 is guilty of a class 3 misdemeanor.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3482 - Driving on a license suspended for failure to appear; restricted privilege to drive; civil penalty; dismissal

28-3482.
Driving on a license suspended for failure to appear;  restricted privilege to drive;  civil penalty;  dismissal
A. A person may not drive a motor vehicle on a public highway if the person's privilege to drive a motor vehicle is suspended pursuant to section 28-3308.
B. A person who violates this section is responsible for a civil traffic violation and is not subject to vehicle removal or impoundment pursuant to section 28-3511.
C. If a person is cited for a violation of this section and the person presents evidence to the court that the person's unrestricted privilege to drive has been reinstated,  the court may dismiss the charge of driving under a suspended license.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3483 - Driving on a suspended license conviction; restricted driving privilege

28-3483.
Driving on a suspended license conviction;  restricted driving privilege
A person who is convicted of driving on a suspended class D or M license before January 1,  2011 may apply for a restricted privilege to drive on a form prescribed by the director. The department shall issue a restricted privilege to drive that is valid for one year and that limits the person's driving privilege as described in section 28-144 if the person does all of the following:
1. Completes all requirements of the sentence imposed by the court.
2. Satisfies all suspension periods imposed on the person's driving privilege as a result of a conviction of or a finding of responsibility for a violation of this title.
3. Pays the applicable reinstatement fee as prescribed by section 28-3002.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3513 - Administrative charges

28-3513.
Administrative charges
A. The immobilizing or impounding agency shall establish procedures for immobilization hearings or poststorage hearings,  for the release of properly immobilized or impounded vehicles and for imposition of a charge for administrative costs relating to the removal,  immobilization,  impoundment,  storage or release of a vehicle. The immobilizing or impounding agency may waive the administrative charges.
B. The administrative charges established pursuant to this section shall be one hundred fifty dollars and shall not be charged to a towing company that performs removal,  immobilization,  impoundment,  storage or release of the vehicle.
C. The immobilizing or impounding agency shall collect any administrative charges at the time of the release of the vehicle unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency,  the operator of the vehicle at the time of immobilization or impoundment is responsible for all towing,  immobilization,  storage and administrative charges.
D. The administrative charges established pursuant to this section are in addition to any other immobilization,  impoundment or storage charges.
E. A justice court providing an immobilization or poststorage hearing may collect a fee equal to the fee established pursuant to section 22-281 for a small claims answer.
F. If the immobilizing or impounding agency is:
1. A municipality,  the administrative charges collected pursuant to this section shall be transmitted to the city treasurer for deposit in a special fund established by the municipality for the purpose of implementing section 28-872 and this article.
2. A county,  the administrative charges collected pursuant to this section shall be transmitted to the county treasurer for deposit in a special fund established by the county for the purpose of implementing section 28-872 and this article.
3. The department of public safety,  the administrative charges collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the Arizona highway patrol fund established by section 41-1752.
4. The capitol police,  the administrative charges collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the capitol police administrative towing fund established by section 41-1725.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-3515 - Unclaimed vehicles

28-3515.
Unclaimed vehicles
If a claim has not been made for the return or possession of the vehicle by a person legally entitled to the vehicle within the immobilization or impoundment period pursuant to this article,  the person who has possession of the vehicle shall submit an abandoned vehicle report as provided in section 28-4838. The immobilizing or impounding agency shall require the person who takes possession of a vehicle pursuant to this section to obtain a release for the vehicle from the immobilizing or impounding agency.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4001 - Definitions

28-4001.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Judgment"  means a judgment that has become final by expiration without appeal of the time within which an appeal might have been perfected or by final affirmation on appeal and that is rendered by a court of competent jurisdiction of any state or of the United States on a cause of action either:
(a) Arising out of the ownership,  maintenance or use of a motor vehicle for damages,  including damages for care and loss of services,  because of either bodily injury to or death of a person or injury to or destruction of property,  including the loss of use of the property.
(b) On an agreement of settlement for damages described in subdivision (a) of this paragraph.
2. " License"  means a license,  temporary instruction permit or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles.
3. " Motor vehicle"  means a self-propelled vehicle that is registered or required to be registered under the laws of this state.
4. " Motor vehicle liability policy"  means an owner's or an operator's policy of liability insurance that is both:
(a) Certified as provided in section 28-4077 or 28-4078 as proof of financial responsibility.
(b) Issued by an insurance carrier duly authorized to transact business in this state,  to or for the benefit of the person named as the insured,  except as otherwise provided in section 28-4078.
5. " Nonresident operating privilege"  means the privilege conferred on a nonresident by the laws of this state pertaining to the nonresident's operation of a motor vehicle or the use of a motor vehicle owned by the nonresident in this state.
6. " Operator"  means a person who is in actual physical control of a motor vehicle,  whether or not the person has a license.
7. " Proof of financial responsibility"  means proof of ability to respond in damages for liability on account of accidents occurring after the effective date of the proof and arising out of the ownership,  maintenance or use of a motor vehicle,  in the amounts required by section 28-4009 or 28-4033.
8. " Registration"  means the registration certificate or certificates and license plates issued under the laws of this state pertaining to the registration of motor vehicles.
9. " State"  means a state,  territory or possession of the United States,  the District of Columbia or a province of the Dominion of Canada.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4003 - Exceptions

28-4003.
Exceptions
This chapter does not apply to a motor vehicle that is either:
1. Owned by the United States,  this state or a political subdivision of this state.
2. Except for section 28-4085,  subject to the requirements of a provision of law requiring insurance or other security on certain types of vehicles.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4004 - Transfer of registration

28-4004.
Transfer of registration
This chapter does not:
1. Prevent the owner of a motor vehicle whose registration has been suspended under this chapter from effecting a bona fide sale of the motor vehicle to another person whose rights or privileges are not suspended under this chapter.
2. Prevent the transferee from registering the motor vehicle.
3. Affect the rights of a conditional vendor,  chattel mortgagee or lessor of a motor vehicle registered in the name of another as owner who becomes subject to this chapter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4008 - Assigned risk plans

28-4008.
Assigned risk plans
A. After consultation with insurance companies authorized to issue motor vehicle liability policies in this state,  the director of the department of insurance and financial institutions shall approve a reasonable plan for the equitable apportionment among the companies of applicants for policies and for motor vehicle liability policies who are in good faith entitled to but are unable to procure the policies through ordinary methods.
B. After a plan has been approved,  all insurance companies authorized to issue motor vehicle liability policies in this state shall subscribe to and participate in the plan.
C. An applicant for a policy under this section,  a person insured under an assigned risk plan and an insurance company affected may appeal to the director of the department of insurance and financial institutions from any ruling or decision of the manager or committee designated to operate the plan. Within ten days after notice of an order or act of the director of the department of insurance and financial institutions,  a person aggrieved under this section by the order or act may file a petition in the superior court in the county in which the director of the department of insurance and financial institutions is domiciled against the director of the department of insurance and financial institutions for a review of the order or act. The court shall summarily hear the petition and may make any appropriate order or decree.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4010 - Motor vehicle liability policy; primary and excess coverage

28-4010.
Motor vehicle liability policy;  primary and excess coverage
A. If two or more policies affording valid and collectible motor vehicle liability insurance apply to the same motor vehicle that is involved in an occurrence out of which a liability loss arises and one of the policies affords coverage to a named insured engaged in the business of selling,  repairing,  servicing,  delivering,  testing,  road testing,  parking or storing motor vehicles,  both of the following are conclusively presumed:
1. If at the time of loss the motor vehicle is being operated by a person engaged in one of the businesses or by the person's employee or agent,  the insurance afforded by the policy issued to the person engaged in the business is primary and the insurance afforded by any other policy is excess.
2. If at the time of loss the motor vehicle is being operated by a person other than a person described in this subsection,  the insurance afforded by the policy issued to a person engaged in a business described in this subsection is excess over all other insurance available to the operator as a named insured or otherwise.
B. Except as provided in subsection A,  if two or more policies affording valid and collectible liability insurance apply to the same motor vehicle that is involved in an occurrence out of which a liability loss arises,  it is conclusively presumed that the insurance afforded by that policy in which the motor vehicle is described or rated as an owned automobile is primary and the insurance afforded by any other policy or policies is excess.
C. The presumptions stated in subsection A may be modified or amended only by a written agreement signed by all insurers who have issued a policy or policies applicable to a loss described in subsection A and all named insureds under these policies.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4031 - Definitions

28-4031.
Definitions
In this article,  unless the context otherwise requires:
1. " Declared gross weight"  has the meaning prescribed in section 28-5431. If a declaration has not been made,  declared gross weight means gross weight.
2. " Gross weight"  has the meaning prescribed in section 28-5431.
3. " Person"  means:
(a) An owner or operator of a motor vehicle or vehicle combination subject to the financial responsibility requirements of this article.
(b) For taxis,  limousines,  sedans or executive sedans,  the person listed on the department s records as the owner of the vehicle.
4. " Public highway"  means any way or place of whatever nature and of any kind that is used or open to the use by the public as a matter of right for the purpose of vehicular travel,  including a highway under construction.
5. " Vehicle combination"  has the meaning prescribed in section 28-5431.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4034 - Maintenance, certification and verification of financial requirements

28-4034.
Maintenance,  certification and verification of financial requirements
A. A person who operates a motor vehicle in this state and who is subject to the financial responsibility requirements of this article shall maintain at all times the amounts prescribed in section 28-4033 that obligates the person to pay compensation for injuries to persons and for loss or damage to property by reason of the ownership,  maintenance or use of a motor vehicle or vehicle combination owned or operated by the person.
B. The department may require a person who is subject to the financial responsibility requirements of this article to certify the existence of financial responsibility in the form and at the times the department deems necessary. The department may forward the certification to the named insurer to determine if the certification is correct. Civil liability does not accrue to the insurer or any of its employees for reports made to the department if the reports are made in good faith based on the most recent information available to the insurer.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4036 - Violation; classification

28-4036.
Violation;  classification
A person who is subject to the financial responsibility requirements of this article and who operates or causes to be operated a vehicle in this state without meeting the financial responsibility requirements of this article is guilty of:
1. A class 3 misdemeanor.
2. A class 1 misdemeanor if the vehicle is involved in an accident in this state.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4037 - Foreign vehicles; exception

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.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4039 - Taxi, livery vehicle or limousine; financial responsibility

28-4039.
Taxi,  livery vehicle or limousine;  financial responsibility
A. Motor vehicle liability insurance for a taxi,  livery vehicle or limousine may be maintained as follows:
1. During the time in which the taxi,  livery vehicle or limousine driver is available to provide passenger transportation,  but has not accepted a ride request and is not in the act of providing passenger transportation,  primary commercial motor vehicle liability insurance coverage in the amount of twenty-five thousand dollars because of bodily injury to or death of any one person in any one accident,  subject to the limit for one person,  fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident and twenty thousand dollars because of injury to or destruction of property of others in any one accident. This policy may be maintained by either the driver or the company.
2. After the taxi,  livery vehicle or limousine driver has accepted a ride request through any communication and during the time in which the taxi,  livery vehicle or limousine driver is providing passenger transportation,  the taxi,  livery vehicle or limousine driver or the taxi,  livery vehicle or limousine company shall maintain the following insurance coverage:
(a) Primary commercial motor vehicle liability insurance in a minimum amount of two hundred fifty thousand dollars per incident.
(b) Commercial uninsured motorist coverage in a minimum amount of two hundred fifty thousand dollars per incident.
B. A taxi,  livery vehicle or limousine driver shall carry proof of insurance in the vehicle at all times while providing transportation services. If an accident occurs involving a taxi,  livery vehicle or limousine,  the taxi,  livery vehicle or limousine driver shall provide proof of insurance to the parties involved in the accident at the time of the accident. The taxi,  livery vehicle or limousine driver shall also notify the taxi,  livery vehicle or limousine company of the accident.
C. In a claims coverage investigation,  a taxi,  livery vehicle or limousine company and any insurer providing coverage as prescribed in this section shall fully cooperate in the exchange of information and shall disclose to each other a clear description of the coverage,  exclusions and limits provided under any insurance policy that each party issued or maintained.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4071 - Nonpayment of judgments; report

28-4071.
Nonpayment of judgments;  report
A. If a person fails to satisfy a judgment within sixty days,  on written request of the judgment creditor or the judgment creditor's legal representative,  the clerk of the court,  or the judge of a court that has no clerk,  in which the judgment is rendered shall forward a certified copy of the judgment to the director immediately after the expiration of the sixty days.
B. If the defendant who is named in a certified copy of a judgment reported to the director is a nonresident,  the director shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registration certificates of the state of which the defendant is a resident.