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2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5101.01 - Authorized third party driver license providers; requirements

28-5101.01.
Authorized third party driver license providers;  requirements
A. Except as provided in section 28-5101.03,  an authorized third party driver license provider must perform both of the following:
1. Driver license skills and written testing.
2. Driver license processing.
B. A person who is a third party driver license provider authorized pursuant to this section may also be authorized pursuant to this article to perform certain title and registration functions.
C. A person who applies for authorization pursuant to this section shall submit with the application all of the following:
1. A bond in a form to be approved by the director and in an amount of at least $300, 000 for an initial application for authorization pursuant to this section and an additional $100, 000 for each additional location providing driver license functions prescribed in subsection A of this section,  except that if the authorized third party is also authorized pursuant to this article to perform certain title and registration functions at the same location only a single $100, 000 bond is required for that location. The total bond amount required by this paragraph shall not exceed $1, 000, 000. The bond requirements of this paragraph do not apply to government entities prescribed in section 28-5104,  subsection E,  paragraphs 1,  2,  3,  5 and 11.
2. Documentation that the applicant satisfies all of the following:
(a) Has been an authorized third party pursuant to this chapter for at least the immediately preceding three years.
(b) Has conducted an average of at least one thousand retention transactions per month for the previous calendar year.
(c) Is in good standing with the department.
(d) Has a facility plan for each location that shows adequate space and equipment necessary to perform the functions prescribed in subsection A of this section.
3. Documentation that the applicant has during business hours at least one certified processor qualified to perform at a minimum all of the following at each location:
(a) Fraudulent document recognition.
(b) Ignition interlock requirements.
(c) Driver license reinstatements.
D. A third party driver license provider authorized pursuant to this section must comply with all quality control requirements prescribed by the department.
E. A third party driver license provider authorized pursuant to subsection A of this section may perform administrative functions or testing functions or both administrative functions and testing functions for the issuance and renewal of commercial driver licenses as authorized by the director and pursuant to federal law.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5101.02 - Authorized third party driver license training providers; requirements; applicability

28-5101.02.
Authorized third party driver license training providers;  requirements;  applicability
A. Beginning July 1,  2014,  a person must be an authorized third party driver license training provider to perform driver license training.
B. A person who applies for authorization pursuant to this section is not required to submit a bond with the application.
C. A third party driver license training provider authorized pursuant to this section must comply with all quality control requirements prescribed by the department.
D. This section does not apply to any professional driver training school licensed pursuant to title 32,  chapter 23.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5101.03 - Authorized third party commercial driver license examiners; requirements

28-5101.03.
Authorized third party commercial driver license examiners;  requirements
A. Beginning July 1,  2014,  a person must be a separately authorized third party commercial driver license examiner to perform commercial driver license skills testing.
B. A third party commercial driver license examiner authorized pursuant to this section must comply with all quality control requirements prescribed by the department.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5102 - Powers and duties of director

28-5102.
Powers and duties of director
A. The director shall:
1. Supervise and regulate all persons required by this article to obtain authorization.
2. Establish minimum quality standards of service and a quality assurance program for authorized third parties to ensure that an authorized third party is complying with the minimum standards.
3. Adopt rules to administer and enforce this chapter.
B. The director may:
1. Conduct investigations the director deems necessary.
2. Conduct audits.
3. Make on-site inspections during regular business hours and at locations as the director deems appropriate to determine compliance by an authorized third party with this article. If an inspection is conducted at a place located outside this state,  the director may charge a fee to the authorized third party.
4. Require that an authorized third party or employees or agents of an authorized third party be certified to perform the functions prescribed in this article.
5. Require authorized third parties and authorized third party electronic service providers to reimburse the department for mutually agreed on costs.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5103 - Application procedure

28-5103.
Application procedure
A. A person may apply for authorization or certification,  or both,  pursuant to this article to the director in writing on a form prescribed and furnished by the director. The person shall include with the application all documents and fees prescribed by the director.
B. The application shall be verified and shall contain:
1. The name and residence address of the applicant,  the name and residence address of each partner if the applicant is a partnership or the name and residence address of each principal officer if the applicant is a corporation.
2. The principal place of business of the applicant.
3. The established place of business at or from which the business is to be conducted.
4. Other information the director requires.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5104 - Bond requirement

28-5104.
Bond requirement
A. Except as provided in subsection F of this section and sections 28-5101.01 and 28-5101.02,  a person who applies for authorization pursuant to this article shall submit with the application a bond in a form to be approved by the director and in an amount of at least $100, 000 for each location.
B. A surety company authorized to transact business in this state shall execute the bond with the applicant as principal obligor on the bond and the state as obligee. The bond shall be conditioned that the applicant will faithfully comply with all of the provisions of law and that the bond is noncancellable without at least sixty days' prior notice to the director. Any future liability of the surety company terminates on the director's termination of a third party's authorization.
C. The bond inures to the benefit of any person who suffers loss because of any of the following:
1. Nonpayment by the authorized person of any fee or tax paid to the third party by that person.
2. Insolvency or discontinuance of business.
3. Failure of the authorized third party to comply with the authorized third party's duties pursuant to this article.
D. The aggregate liability of a surety company for any breach of the conditions of a bond required pursuant to this section shall not exceed the amount of the bond.
E. The bond requirement of this section does not apply to:
1. A department,  an agency or a political subdivision of this state.
2. A court of this state.
3. A law enforcement agency or department of this state.
4. A financial institution or enterprise under the jurisdiction of the department of insurance and financial institutions or a federal monetary authority.
5. The federal government or any of its agencies.
6. A motor vehicle dealer that is licensed and bonded by the department of transportation or a state organization of licensed and bonded motor vehicle dealers.
7. A manufacturer,  an importer,  a factory branch or a distributor licensed by the department of transportation.
8. An insurer under the jurisdiction of the department of insurance and financial institutions.
9. An owner or a registrant of a fleet of one hundred or more vehicles.
10. A public utility.
11. A tribal government.
12. An employer or association that has at least five hundred employees or members.
F. A towing company employee who conducts a level one motor vehicle inspection described in section 28-2011 and who applies for authorization pursuant to this article shall submit with the application a bond in a form to be approved by the director and in an amount of not more than $25, 000. The bond issued pursuant to this subsection covers every location in which the towing company is located.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5107 - Application denial; hearing; appeal

28-5107.
Application denial;  hearing;  appeal
A. The director may deny an application for third party authorization or certification,  or both,  under this article and shall advise the applicant in writing within twenty days of the denial and the grounds for the denial if the director determines that any of the following applies:
1. The applicant is not eligible for third party authorization or certification,  or both,  under this article.
2. The application is not made in good faith.
3. The application contains a material misrepresentation or misstatement.
4. The applicant has not met the requirements of law.
B. An applicant who is aggrieved by the denial of an application may make a written request to the department for a hearing on the application within thirty days after service of the notice of denial. If the applicant does not request a hearing within thirty days,  the denial is final.
C. If the applicant requests a hearing,  the director shall give written notice to the applicant to appear at a hearing to show cause why the denial of the applicant's application should not be upheld. After consideration of the evidence presented at the hearing,  the director shall serve notice in writing to the applicant of the director's findings and order. A timely request for a hearing stays the denial of the application.
D. If the application is denied,  the applicant may appeal the decision pursuant to title 12,  chapter 7,  article 6.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5109 - Cease and desist order

28-5109.
Cease and desist order
A. If the director has reasonable cause to believe that a person who is authorized as a third party pursuant to this article or who holds a certificate granted pursuant to this article is violating any provision of this title,  the director shall immediately issue and serve on the person,  by personal delivery or first class mail at the person's last known address,  a cease and desist order.
B. On receipt of the cease and desist order,  the person shall immediately cease and desist,  or cease and desist as provided in the contract between the department and the authorized third party,  from further engaging in any activity that is authorized pursuant to this article and that is specified in the cease and desist order.
C. On failure of the person to comply with the cease and desist order,  the director may conduct a hearing pursuant to this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5110 - Action to restrain violation

28-5110.
Action to restrain violation
If the director has reasonable cause to believe that a person authorized under this article is violating any law of this state,  the enforcement or administration of which is vested in the director,  or has or is violating any rule or order adopted by the director pursuant to law,  in addition to any remedies existing under this article,  the director may bring an action in the superior court in Maricopa county in the name of and on behalf of the state and against the person to restrain or enjoin the person from continuing the violation.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5111 - Electronic transmission and recording of title, registration and driver license; program; authorized third party

28-5111.
Electronic transmission and recording of title,  registration and driver license;  program;  authorized third party
A. The director may establish a program to measure and determine the effectiveness of the following in improving customer service,  operations,  capital cost reductions and security of information transmitted to the department:
1. The electronic transmission and recording of vehicle certificate of title and registration information between the department and an authorized third party or an authorized third party electronic service provider for the purpose of titling and registering vehicles entering this state from another jurisdiction in a cost-effective manner in lieu of the submission and maintenance of paper documents.
2. The electronic transmission and recording of driver license applications between the department and another state through an authorized third party or authorized third party electronic service provider for the purpose of issuing driver licenses in a cost-effective manner in lieu of the submission and maintenance of paper documents as provided in this chapter.
3. The electronic transmission and recording of vehicle accident data between the department,  other states and law enforcement agencies within this state or within another state through an authorized third party or authorized third party electronic service provider.
B. In the process of establishing the system,  the director shall:
1. Research methods the department and authorized third parties or authorized third party electronic service providers may use to exchange and maintain information relating to driver licenses and vehicle certificates of title and registration without submitting or receiving a paper document.
2. Develop methods an authorized third party or an authorized third party electronic service provider may use to electronically submit updated information relating to the certificate of title and registration record or the driver license record.
C. The director may limit the number of other states and authorized third party electronic service providers participating in the system. If the director determines the system is successful,  the director may expand the system.
D. Chapter 2,  article 5 of this title applies to certificates of title and driver license information under the system established pursuant to this section.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5202 - Applicability

28-5202.
Applicability
A. Except as otherwise provided,  this chapter applies to all commercial motor vehicles,  commercial motor vehicle combinations and manufacturers,  shippers,  motor carriers and drivers who operate,  cause the operation of,  ship materials using or transport persons or property using commercial motor vehicles.
B. Commercial vehicles owned or operated by this state or a political subdivision or public authority of this state are subject to this chapter.
C. This chapter applies throughout this state for the purpose of enforcing state and federal laws and rules relating to the operation of commercial motor vehicles.
D. Any city,  town,  county or other political subdivision of this state shall not adopt or implement a law or rule relating to hazardous materials,  hazardous substances or hazardous wastes other than as authorized by this chapter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5203 - Motor carrier safety revolving fund

28-5203.
Motor carrier safety revolving fund
A. A motor carrier safety revolving fund is established consisting of monies appropriated to the fund by the legislature,  monies deposited pursuant to this chapter and monies received from private grants or donations if so designated by the grantor or donor.
B. Monies in the fund are a continuing appropriation to the department to be used by the department,  the attorney general and the department of public safety to carry out this chapter. The director shall distribute monies in the fund.
C. The director of the department of transportation shall make a full accounting of the use of the fund to the director of the department of administration annually or as required by the director of the department of administration.
D. The motor carrier safety revolving fund is exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5204 - Administration and enforcement; rules

28-5204.
Administration and enforcement;  rules
A. In the administration and enforcement of this chapter,  the department of transportation shall adopt:
1. Reasonable rules it deems proper governing the safety operations of motor carriers,  including rules governing safety operations of motor carriers,  shippers and vehicles transporting hazardous materials,  hazardous substances or hazardous wastes and shall prescribe necessary forms. In determining reasonable rules,  the department of transportation shall consider:
(a) The nature of the operations and regulation of public service corporations as defined in article XV,  sections 2 and 10,  Constitution of Arizona.
(b) Rules adopted by the director of environmental quality pursuant to section 49-855.
2. Rules necessary to enforce and administer this chapter,  including rules setting forth reasonable procedures to be followed in the enforcement of this chapter and rules adopting transporter safety standards for hazardous materials,  hazardous substances and hazardous waste. In adopting the rules,  the department shall consider,  as evidence of generally accepted safety standards,  the publications of the United States department of transportation and the environmental protection agency.
B. Rules adopted by the department of transportation also apply to a manufacturer,  shipper,  motor carrier and driver.
C. The department of public safety shall and a political subdivision may enforce this chapter and any rule adopted pursuant to this chapter by the department of transportation. A person acting for a political subdivision in enforcing this chapter is required to be certified by the department of public safety as qualified for the enforcement activities.
D. The department may audit records and inspect vehicles that are subject to this chapter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5231 - Records requirements; inspection

28-5231.
Records requirements;  inspection
A. For the purpose of enforcement of this chapter,  a manufacturer,  shipper and motor carrier shall maintain and keep within this state books,  records and other data as required by the department. The manufacturer,  shipper or motor carrier shall not destroy the books,  records and other data for a period of three years.
B. During usual business hours or at any time if the cause is to protect the public safety,  the manufacturer,  shipper or motor carrier shall allow employees of the department of public safety or the department of transportation to inspect the books,  records or other data.
C. To verify the truth and accuracy of a statement,  report or return and to determine compliance with safety rules imposed under this chapter,  an officer of the department of public safety or any peace officer,  during usual business hours or at any time if the cause is to protect the public safety,  may examine:
1. Records,  books or other data required to be kept by a manufacturer,  shipper or motor carrier under this chapter.
2. Equipment and facilities pertinent to the operation.
3. Other books of account,  records and data kept by the manufacturer,  shipper or motor carrier in any other business in which the manufacturer,  shipper or motor carrier also engages.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5235 - Notification; denial of vehicle registration and operating privileges; audits

28-5235.
Notification;  denial of vehicle registration and operating privileges;  audits
A. A person who owns or leases a vehicle transporting hazardous materials,  hazardous substances or hazardous wastes shall notify the director of all vehicles transporting the materials,  substances or wastes in a manner prescribed by the director. Each notification shall contain the name and current address of the person transporting the materials,  substances or wastes and other information the department requires by rule.
B. The department may deny the vehicle registration,  the operating privilege or the nonresident operating privilege for any of the following reasons:
1. Failure to pay any applicable fees.
2. Misrepresentation in the application or notification.
3. Failure to comply with the rules of the department.
4. Failure to make vehicles available for inspection or to make records available for audit.
5. Revocation of an operating privilege within the preceding twelve months.
C. The department shall provide for compliance audits pursuant to this chapter and rules adopted pursuant to this chapter. The department of transportation shall provide for reciprocity of audits with the department of public safety and the United States department of transportation.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5236 - Violations; inspection; material containment

28-5236.
Violations;  inspection;  material containment
A. A person shall not operate a vehicle that transports hazardous materials,  hazardous substances or hazardous wastes on a highway in this state unless the vehicle has been properly inspected pursuant to 49 Code of Federal Regulations.
B. A person shall not transport or cause the transportation of hazardous materials,  hazardous substances or hazardous wastes unless the material is properly contained and manifested as prescribed by applicable statutes and rules.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5240 - Civil traffic violation; civil penalty

28-5240.
Civil traffic violation;  civil penalty
A. An equipment violation of this chapter or any rule adopted pursuant to this chapter is a civil traffic violation.
B. The driver of a commercial motor vehicle who violates or fails to comply with this chapter or any rule adopted pursuant to this chapter is responsible for a civil traffic violation and is subject to a civil penalty of up to $500.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5241 - Out-of-service orders; violation; classification; civil penalty; attorney general enforcement; definition

28-5241.
Out-of-service orders;  violation;  classification;  civil penalty;  attorney general enforcement;  definition
A. A driver,  motor carrier,  shipper or manufacturer that violates an out-of-service order is guilty of:
1. A class 2 misdemeanor for a first offense.
2. A class 1 misdemeanor for a second offense.
3. A class 6 felony for any subsequent offense.
B. The attorney general may enforce this section.
C. A motor carrier,  shipper or manufacturer shall not require or allow a driver:
1. To operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.
2. Who is subject to an out-of-service order to operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.
D. A driver:
1. Shall not operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.
2. Who is subject to an out-of-service order shall not operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.
E. In addition to the civil penalties imposed by section 28-5240,  and the criminal penalties imposed by this section,  a violation of this section is a civil traffic violation.
F. The court shall impose:
1. On a driver who violates or fails to comply with an out-of-service order a civil penalty of:
(a) At least $2, 500 for an initial violation or failure.
(b) $5, 000 for a subsequent violation or failure.
2. A civil penalty of at least $2, 750 and not more than $25, 000 on a motor carrier,  shipper or manufacturer that violates an out-of-service order or that requires or allows a driver to violate or fail to comply with an out-of-service order.
G. In addition to other penalties prescribed by this chapter,  if a motor carrier,  shipper,  manufacturer or driver is found responsible for a violation of this section,  the motor carrier or driver is subject to disqualification pursuant to section 28-3312.
H. For the purposes of this section,  " out-of-service order"  means a declaration by a specialty officer of the department or a law enforcement officer authorized pursuant to section 28-5204 that a driver,  motor vehicle or motor carrier is out of service pursuant to this chapter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5242 - Registration requirements; interstate or foreign commerce; enforcement; violations; classification

28-5242.
Registration requirements;  interstate or foreign commerce;  enforcement;  violations;  classification
A. A motor carrier shall not operate in this state a motor vehicle involved in interstate or foreign commerce or require or allow a driver to operate a motor vehicle involved in interstate or foreign commerce unless the motor carrier is registered pursuant to 49 United States Code sections 13901 and 13902. A motor carrier domiciled outside of the United States shall have proof of the registration in the vehicle when operating in this state.
B. A motor carrier shall not operate in this state a motor vehicle involved in interstate or foreign commerce or require or allow a driver to operate a motor vehicle involved in interstate or foreign commerce beyond the scope of the motor carrier's registration issued pursuant to 49 United States Code sections 13901 and 13902.
C. A person who violates subsection A or B of this section is guilty of a class 2 misdemeanor.
D. The department or a law enforcement officer authorized pursuant to section 28-5204 may place a motor vehicle under an out-of-service order until either the cargo is removed from the vehicle or the officer obtains proof that the motor carrier is registered pursuant to 49 United States Code sections 13901 and 13902.
E. A motor carrier shall not operate a motor vehicle or allow a driver to operate a motor vehicle subject to an out-of-service order issued pursuant to this section until the reason for the out-of-service order has been remedied. A motor carrier or driver who violates this subsection is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5243 - Railroad crossing violations; civil penalty

28-5243.
Railroad crossing violations;  civil penalty
A. A motor carrier shall not knowingly require,  authorize or permit a driver to violate any federal,  state or local railroad crossing law,  ordinance or regulation.
B. The court shall impose a civil penalty of not more than ten thousand dollars on a motor carrier who violates this section.
C. In addition to all other penalties prescribed by this chapter,  if a motor carrier is found responsible for a violation of this section,  the motor carrier is subject to disqualification pursuant to section 28-3312.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5244 - Motor carriers; civil penalty; definition

28-5244.
Motor carriers;  civil penalty;  definition
A. Notwithstanding any other law,  a foreign motor carrier or foreign private motor carrier that is required to have a certificate of registration issued by the United States secretary of the department of transportation pursuant to 49 Code of Federal Regulations sections 368.1 through 368.8 shall not do any of the following:
1. Operate in this state without the required certificate in the vehicle.
2. Operate beyond the limitations or restrictions specified in the certificate as issued.
3. Refuse to show the certificate on request of a peace officer or an employee of the department.
4. Provide point-to-point transportation services,  including express delivery services,  in the United States for goods other than international cargo that is incidental to the engagement of that vehicle in international traffic. Any such carriage by the motor carrier in the general direction of an export move or as a part of the return of the vehicle to its base country shall be considered incidental to that vehicle's engagement in international traffic.
B. Notwithstanding any other law,  a motor carrier that is required to be registered with the United States secretary of the department of transportation pursuant to 49 United States Code section 13902 or 49 Code of Federal Regulations sections 390.1 through 390.37 shall not do any of the following:
1. Operate in this state without the required registration.
2. Operate beyond the limitations or restrictions specified in its registration.
3. Operate in this state without the required operating authority.
C. A motor carrier that violates subsection A or B is subject to a civil penalty of one thousand dollars.
D. A law enforcement agency may impound a vehicle operated in violation of subsection A or B and its cargo until the citation and all charges related to the impoundment are cleared. The impoundment charges are the responsibility of the vehicle's owner.
E. A motor carrier granted permanent operating authority pursuant to 49 Code of Federal Regulations sections 368.1 through 368.8 shall not operate a vehicle on a highway unless the vehicle is inspected by a commercial vehicle safety alliance-certified inspector at least every three months and shall display a current safety inspection decal attesting to the successful completion of those inspections for at least three years after receiving permanent operating authority.
F. Subsection E does not apply to a motor carrier that is granted authority to operate solely in a commercial zone on the United States-Mexico international border.
G. For the purposes of this section,  " limitations or restrictions"  includes commercial zones,  municipality,  contiguous municipalities,  unincorporated area,  and terminal areas,  as defined in 49 Code of Federal Regulations sections 372.101 through 372.221.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5431 - Definitions

28-5431.
Definitions
In this article,  unless the context otherwise requires:
1. " Declared gross weight"  means the gross weight in pounds ascribed to a motor vehicle,  trailer,  semitrailer or vehicle combination by the applicant for registration.
2. " Gross weight"  means the sum of the empty weight in pounds of a motor vehicle combination plus the weight in pounds of the maximum load to be carried on the motor vehicle combination at any one time,  except that for tow trucks,  gross weight means the sum of the empty weight in pounds of the tow truck plus the weight in pounds of operational supplies and equipment.
3. " Vehicle combination"  means a motor vehicle and the trailers and semitrailers that it tows.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5433 - Gross weight fees; additional registration fees; farm vehicle reduction; consolidation

28-5433.
Gross weight fees;  additional registration fees;  farm vehicle reduction;  consolidation
A. In addition to the registration fee required by section 28-2003,  a person shall pay to the department at the time of application for registration of a vehicle that is subject to this article pursuant to section 28-5432 a commercial registration fee of four dollars and a gross weight fee calculated beginning on the first day of the month following the date of transfer for the declared gross weight of the trailer,  semitrailer,  motor vehicle or vehicle combination according to the following table:
Gross Weight Weight Fee
up to 8, 000 $ 7.50
8, 001 to 10, 000 36.00
10, 001 to 12, 000 63.00
12, 001 to 14, 000 103.00
14, 001 to 16, 000 121.00
16, 001 to 18, 000 144.00
18, 001 to 20, 000 162.00
20, 001 to 22, 000 198.00
22, 001 to 24, 000 216.00
24, 001 to 26, 000 234.00
26, 001 to 28, 000 288.00
28, 001 to 30, 000 324.00
30, 001 to 32, 000 378.00
32, 001 to 36, 000 414.00
36, 001 to 40, 000 468.00
40, 001 to 45, 000 522.00
45, 001 to 50, 000 576.00
50, 001 to 55, 000 630.00
55, 001 to 60, 000 684.00
60, 001 to 65, 000 738.00
65, 001 to 70, 000 792.00
70, 001 to 75, 000 864.00
75, 001 to 80, 000 918.00
B. Notwithstanding subsection A of this section,  the owner of a farm vehicle that is issued a farm vehicle license plate pursuant to section 28-2514 shall pay a gross weight fee that is one-half of the gross weight fee calculated pursuant to subsection A of this section.
C. If an unregistered vehicle was operated on the highways of this state during the preceding registration year,  the director may collect the gross weight fee for the preceding year.
D. The director shall consolidate the gross weight fee prescribed by this section with the motor carrier fee imposed by section 28-5854 for the purpose of reducing administrative activities of motor carriers and of the department. The director shall prepare forms necessary to perform the consolidation.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5434 - Proration of gross weight fees

28-5434.
Proration of gross weight fees
For a registration issued after the beginning of the registration year,  a person shall pay the fees prescribed in this article reduced by one-twelfth for each month of the year that elapsed since the first day of the month following the date of transfer of the vehicle or vehicle combination or the date the vehicle or vehicle combination becomes subject to registration.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5435 - Increase in gross vehicle weight; additional fee

28-5435.
Increase in gross vehicle weight;  additional fee
A. A person may increase the declared gross weight of a vehicle or vehicle combination after the original registration and during the registration year by reregistration of the vehicle or vehicle combination. The person shall pay a fee in addition to the gross weight fee prescribed in this article based on the difference between the fee due at the time of reregistration for the weight class in which the vehicle or vehicle combination was originally registered and the fee due at the time of reregistration for the increased weight class. If during a registration year the declared gross weight of a vehicle or vehicle combination is reduced,  there is no reduction or refund allowed for a part of the original weight fee previously paid.
B. A vehicle or vehicle combination that is operated under a special permit allowing excess weight pursuant to section 28-1103 is not required to declare an increased gross weight or to pay a fee ascribed to the increased gross weight pursuant to this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5436 - Reduced gross weight fees; seasonal agricultural work

28-5436.
Reduced gross weight fees;  seasonal agricultural work
A. On application,  a resident owner of a motor vehicle,  trailer or semitrailer that is operated solely in seasonal agricultural work and that is subject to the fees prescribed by section 28-5433 may pay a reduced fee for a period of at least ninety days but less than a full year.
B. The application shall specify a number of thirty day periods. The director shall compute the reduced fee on a basis of one-twelfth of the annual fee prescribed by section 28-5433 for the motor vehicle,  trailer or semitrailer multiplied by the number of thirty day periods specified in the application. The operation of the motor vehicle,  trailer or semitrailer is valid for the period for which the reduced fees are paid.
C. The resident owner shall pay all other fees and taxes applicable to the motor vehicle,  trailer or semitrailer in full without regard to the reduction authorized by this section.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5437 - Operation with excess weight; violation; classification

28-5437.
Operation with excess weight;  violation;  classification
A person who operates or who causes,  permits or authorizes the operation on the public highways of this state of a vehicle singly or in a vehicle combination with a gross weight in excess of the vehicle's or vehicle combination's declared gross weight:
1. Is guilty of a class 2 misdemeanor notwithstanding section 28-5438.
2. Is deemed to have set a new declared gross weight for the vehicle or vehicle combination.
3. Shall reregister the vehicle or vehicle combination and shall pay a fee for the new gross weight or the maximum gross weight allowed by law,  whichever is lower,  without any allowance or reduction in the fee as provided for in this article or the proportional mileage per cent factor as provided in chapter 7,  article 7 or 8 of this title.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5471 - Highway use fees; commercial motor vehicles; definition

28-5471.
Highway use fees;  commercial motor vehicles;  definition
A. In addition to all other fees,  a person registering a motor vehicle or vehicle combination in this state under chapter 7,  article 7 or 8 of this title or section 28-2324 shall pay for each motor vehicle or vehicle combination a highway use fee determined according to the following table:
Gross weight Use fee for Use fee for
1979 and 1978 and older
newer models models
75, 001 - 80, 000 $ 2, 217 $ 1, 095
70, 001 - 75, 000 1, 895 1, 040
65, 001 - 70, 000 1, 175 975
60, 001 - 65, 000 1, 099 915
55, 001 - 60, 000 902 860
50, 001 - 55, 000 828 790
45, 001 - 50, 000 751 715
40, 001 - 45, 000 665 635
36, 001 - 40, 000 664 560
32, 001 - 36, 000 570 485
30, 001 - 32, 000 469 405
28, 001 - 30, 000 378 325
26, 001 - 28, 000 287 245
24, 001 - 26, 000 190 190
22, 001 - 24, 000 135 135
20, 001 - 22, 000 125 125
18, 001 - 20, 000 115 115
16, 001 - 18, 000 105 105
14, 001 - 16, 000 90 90
12, 001 - 14, 000 80 80
10, 001 - 12, 000 70 70
8, 001 - 10, 000 60 60
0 - 8, 000 50 50
B. For the purposes of this article,  " model"  means the year that is assigned to the motor vehicle for vehicle titling purposes.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5472 - Additional highway use fees; nonresident owners

28-5472.
Additional highway use fees;  nonresident owners
A nonresident owner of a foreign vehicle operated in this state and registered under section 28-2324 shall pay a highway use fee determined according to the following table:
Gross weight Use fee Use fee for 1978
and older models
75, 001 - 80, 000 $ 110 $ 40
70, 001 - 75, 000 105 35
65, 001 - 70, 000 100 35
60, 001 - 65, 000 90 30
55, 001 - 60, 000 85 30
50, 001 - 55, 000 80 30
45, 001 - 50, 000 70 25
40, 001 - 45, 000 65 25
36, 001 - 40, 000 55 20
32, 001 - 36, 000 50 20
30, 001 - 32, 000 40 15
28, 001 - 30, 000 35 15
26, 001 - 28, 000 25 10
24, 001 - 26, 000 20 10
22, 001 - 24, 000 15 8
20, 001 - 22, 000 15 8
18, 001 - 20, 000 10 8
16, 001 - 18, 000 10 8
14, 001 - 16, 000 10 8
12, 001 - 14, 000 10 8
10, 001 - 12, 000 10 8
8, 001 - 10, 000 8 8
0 - 8, 000 8 8
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5473 - Highway use fee; reduction; basis; proration; exemption

28-5473.
Highway use fee;  reduction;  basis;  proration;  exemption
A. The highway use fee provided by this article is based on the gross weight as declared for the gross weight fee pursuant to section 28-5433.
B. The department shall reduce the highway use fee liability for a registration year for a fleet of vehicles proportionally registered pursuant to chapter 7,  article 7 or 8 of this title by the amount of vehicle license taxes paid pursuant to section 28-5801 for the same registration year and for the same motor vehicles,  trailers and semitrailers in the fleet.
C. The department shall reduce the highway use fee prescribed in this article on a motor vehicle not previously registered or otherwise qualified for operation in this state by one-twelfth for each full month of the registration year that has expired.
D. An owner of a farm vehicle that is issued a farm vehicle license plate pursuant to section 28-2514 is exempt from the highway use fee prescribed by this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5474 - Axle fees; commercial vehicles; border crossing; definition

28-5474.
Axle fees;  commercial vehicles;  border crossing;  definition
A. The director may adopt rules establishing a fee based on the number of axles attached to a foreign vehicle or a foreign vehicle combination that is imposed on nonresidents operating or causing the operation of a foreign vehicle or foreign vehicle combination that enters this state by crossing the border between this state and Mexico in the furtherance of a commercial enterprise.
B. If the director establishes a fee by rule pursuant to this section,  the fee shall apply to a nonresident who is operating or causing the operation of a foreign vehicle or foreign vehicle combination and who is required to register the foreign vehicle or foreign vehicle combination pursuant to section 28-2321 or who is responsible for paying any fees required by section 28-2324,  28-2325,  28-5739,  28-5863 or 28-5864.
C. The director shall deposit,  pursuant to sections 35-146 and 35-147,  fees collected pursuant to this section 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.
D. For the purposes of this section,  " foreign vehicle"  or " foreign vehicle combination"  means a truck or truck tractor and semitrailer and any trailer that it tows that is registered in a foreign country or jurisdiction of a foreign country and enters this state by crossing the border between this state and Mexico in the furtherance of a commercial enterprise.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5491 - Definitions

28-5491.
Definitions
In this article,  unless the context otherwise requires:
1. " Declared gross weight"  has the same meaning prescribed in section 28-5431.
2. " Light motor vehicle"  means a self-propelled motor driven vehicle that has a declared gross weight of twelve thousand or fewer pounds and that is used to transport for hire persons,  freight or property.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5492 - Light motor vehicle fee imposed

28-5492.
Light motor vehicle fee imposed
A. Beginning on January 1,  1998,  in addition to the registration and gross weight fees required by this title,  an annual light motor vehicle fee of sixty-four dollars is imposed on each light motor vehicle.
B. The light motor vehicle fee imposed by this section shall be added to the gross weight fee imposed by section 28-5433 and is payable at the time the light motor vehicle is registered. The director shall consolidate the light motor vehicle fee imposed by this section with the gross weight fee imposed by section 28-5433 for the purpose of reducing administrative activities of the owners and operators of light motor vehicles and the department. The director shall prepare appropriate forms to perform the consolidation.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5602 - Enforcement

28-5602.
Enforcement
The following persons have authority to enforce this article:
1. The director of the department of transportation and the director's duly appointed agents.
2. The associate director of the weights and measures services division of the Arizona department of agriculture and the associate director's duly appointed agents.
3. The department of public safety and its officers.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5603 - Motor fuel testing

28-5603.
Motor fuel testing
A. The director may take samples of any liquid believed to be motor fuel and may make or cause to be made an analysis of the liquid.
B. The chemistry department or other qualified department of the university of Arizona shall:
1. Analyze samples on request of the director.
2. Promptly furnish to the director a full report of the analysis without cost.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5604 - Reward for detecting violations

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.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-5605 - Use fuel tax collection; fuel dispenser labels; civil penalty

28-5605.
Use fuel tax collection;  fuel dispenser labels;  civil penalty
A. A vendor shall not collect more than the use fuel tax imposed pursuant to section 28-5606,  subsection B,  paragraph 1 from a person who purchases use fuel for use in the propulsion of a light class motor vehicle on a highway in this state or for use in the propulsion of a use class motor vehicle that is exempt pursuant to section 28-5432 from the weight fee prescribed in section 28-5433 on a highway in this state.
B. Subject to the following,  vendors shall label use fuel dispensers pursuant to standards established by the weights and measures services division of the Arizona department of agriculture:
1. Labels on use fuel dispensers shall notify the purchaser of the state use fuel tax rate. The department of transportation shall provide the use fuel dispenser labels to vendors.
2. If the vendor only sells use fuel to light class motor vehicles or use class motor vehicles that are exempt pursuant to section 28-5432 from the weight fee prescribed in section 28-5433,  or both,  the vendor shall post that limitation and include the tax rate prescribed in section 28-5606,  subsection B,  paragraph 1.
3. If light class motor vehicles and use class motor vehicles are allowed to fuel at the same use fuel dispenser,  the vendor shall include the tax rate prescribed in section 28-5606,  subsection B,  paragraph 2 and post a notice that the tax rate for light class motor vehicles and use class motor vehicles that are exempt pursuant to section 28-5432 from the weight fee prescribed in section 28-5433 is the tax rate prescribed in section 28-5606,  subsection B,  paragraph 1.
4. If the vendor prohibits light class motor vehicles or use class motor vehicles from dispensing fuel from a specific fuel dispenser,  the vendor shall post that prohibition.
5. In addition to posting a sign on a use fuel dispenser that indicates that the price of the use fuel dispensed from that dispenser includes the applicable federal and state taxes,  a vendor that dispenses use fuel from a cardlock facility shall require the purchaser of use fuel for light class motor vehicles or use class motor vehicles that are exempt pursuant to section 28-5432 from the weight fee prescribed in section 28-5433,  or both,  to complete a declaration of status in a form and a manner approved by the director. For the purposes of this paragraph,  " cardlock facility"  means a use fuel vendor that satisfies all of the following:
(a) Is licensed in this state.
(b) Sells only to preapproved purchasers of use fuel who have been issued cards,  keys or other controlled access to identify the exclusive withdrawal of that particular purchaser.
(c) Does not have a representative on the premises to observe the withdrawal of use fuel from the vendor's storage.
(d) Measures volumes of fuel dispensed by pump meters or other accurate recording devices.
C. A vendor who violates subsection B of this section is subject to a civil penalty of one hundred dollars for each day the violation continues.