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SB1519 - 572R - S Ver
Senate Engrossed
off-highway
vehicles; weight
(now: off-highway
vehicles; weight; enforcement fund)
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1519
AN
ACT
amending sections 28-101 and 28-1177,
Arizona Revised Statutes; amending title 28, chapter 3, article 20, Arizona
Revised Statutes, by adding section 28-1182; amending section 28-5801,
Arizona Revised Statutes; relating to off-highway vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 28-101, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-101.
Definitions
In this title, unless the context otherwise requires:
1. "Alcohol" means any substance
containing any form of alcohol, including ethanol, methanol, propynol and
isopropynol.
2. "Alcohol concentration" if expressed as
a percentage means either:
(a) The number of grams of alcohol per one hundred
milliliters of blood.
(b) The number of grams of alcohol per two hundred
ten liters of breath.
3. "All-terrain vehicle" means
either of the following:
(a) A motor vehicle that satisfies all of the
following:
(i) Is designed primarily for recreational
nonhighway all-terrain travel.
(ii) Is fifty or fewer inches in width.
(iii) Has an unladen weight of one thousand two
hundred pounds or less.
(iv) Travels on three or more nonhighway tires.
(v) Is operated on a public highway.
(b) A recreational off-highway vehicle that
satisfies all of the following:
(i) Is designed primarily for recreational
nonhighway all-terrain travel.
(ii) Is eighty or fewer inches in width.
(iii) Has an unladen weight of
two
three
thousand five hundred pounds or less.
(iv) Travels on four or more nonhighway tires.
(v) Has a steering wheel for steering control.
(vi) Has a rollover protective structure.
(vii) Has an occupant retention system.
4. "Authorized emergency vehicle" means
any of the following:
(a) A fire department vehicle.
(b) A police vehicle.
(c) An ambulance or emergency vehicle of a municipal
department or public service corporation that is designated or authorized by
the department or a local authority.
(d) Any other ambulance, fire truck or rescue
vehicle that is authorized by the department in its sole discretion and that
meets liability insurance requirements prescribed by the department.
5. "Autocycle" means a three-wheeled
motorcycle on which the driver and passengers ride in a fully or partially
enclosed seating area that is equipped with a roll cage, safety belts for each
occupant and antilock brakes and that is designed to be controlled with a
steering wheel and pedals.
6. "Automated driving system" means the
hardware and software that are collectively capable of performing the entire
dynamic driving task on a sustained basis, regardless of whether it is limited
to a specific operational design domain.
7. "Automotive recycler" means a person
that is engaged in the business of buying or acquiring a motor vehicle solely
for the purpose of dismantling, selling or otherwise disposing of the parts or
accessories and that removes parts for resale from six or more vehicles in a
calendar year.
8. "Autonomous vehicle" means a motor
vehicle that is equipped with an automated driving system.
9. "Aviation fuel" means all flammable
liquids composed of a mixture of selected hydrocarbons expressly manufactured
and blended for the purpose of effectively and efficiently operating an
internal combustion engine for use in an aircraft but does not include fuel for
jet or turbine powered aircraft.
10. "Bicycle" means a device, including a
racing wheelchair, that is propelled by human power and on which a person may
ride and that has either:
(a) Two tandem wheels, either of which is more than
sixteen inches in diameter.
(b) Three wheels in contact with the ground, any of
which is more than sixteen inches in diameter.
11. "Board" means the transportation
board.
12. "Bus" means a motor vehicle designed
for carrying sixteen or more passengers, including the driver.
13. "Business district" means the
territory contiguous to and including a highway if there are buildings in use
for business or industrial purposes within any six hundred feet along the
highway, including hotels, banks or office buildings, railroad stations and
public buildings that occupy at least three hundred feet of frontage on one
side or three hundred feet collectively on both sides of the highway.
14. "Certificate of ownership" means a
paper or an electronic record that is issued in another state or a foreign
jurisdiction and that indicates ownership of a vehicle.
15. "Certificate of title" means a paper
document or an electronic record that is issued by the department and that
indicates ownership of a vehicle.
16. "Combination of vehicles" means a
truck or truck tractor and semitrailer and any trailer that it tows but does
not include a forklift designed for the purpose of loading or unloading the
truck, trailer or semitrailer.
17. "Controlled substance" means a
substance so classified under section 102(6) of the controlled substances act
(21 United States Code section 802(6)) and includes all substances listed in
schedules I through V of 21 Code of Federal Regulations part 1308.
18. "Conviction" means:
(a) An unvacated adjudication of guilt or a
determination that a person violated or failed to comply with the law in a
court of original jurisdiction or by an authorized administrative tribunal.
(b) An unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court.
(c) A plea of guilty or no contest accepted by the
court.
(d) The payment of a fine or court costs.
19. "County highway" means a public road
that is constructed and maintained by a county.
20. "Dealer" means a person who is engaged
in the business of buying, selling or exchanging motor vehicles, trailers or
semitrailers and who has an established place of business and has paid fees
pursuant to section 28-4302.
21. "Department" means the department of
transportation acting directly or through its duly authorized officers and
agents.
22. "Digital network or software
application" has the same meaning prescribed in section 28-9551.
23. "Director" means the director of the
department of transportation.
24. "Drive" means to operate or be in
actual physical control of a motor vehicle.
25. "Driver" means a person who drives or
is in actual physical control of a vehicle.
26. "Driver license" means a license that
is issued by a state to an individual and that authorizes the individual to
drive a motor vehicle.
27. "Dynamic
driving task":
(a) Means all of the
real-time operational and tactical functions required to operate a
vehicle in on-road traffic.
(b) Includes:
(i) Lateral vehicle motion control by steering.
(ii) Longitudinal motion control by acceleration and
deceleration.
(iii) Monitoring the driving environment by object
and event detection, recognition, classification and response preparation.
(iv) Object and event response execution.
(v) Maneuver planning.
(vi) Enhancing conspicuity by lighting, signaling
and gesturing.
(c) Does not include strategic functions such as
trip scheduling and selecting destinations and waypoints.
28. "Electric bicycle" means a bicycle or
tricycle that is equipped with fully operable pedals and an electric motor of
less than seven hundred fifty watts and that meets the requirements of one of
the following classes:
(a) "Class 1 electric bicycle" means a
bicycle or tricycle that is equipped with an electric motor that provides
assistance only when the rider is pedaling and that ceases to provide
assistance when the bicycle or tricycle reaches the speed of twenty miles per
hour.
(b) "Class 2 electric bicycle" means a
bicycle or tricycle that is equipped with an electric motor that may be used
exclusively to propel the bicycle or tricycle and that is not capable of
providing assistance when the bicycle or tricycle reaches the speed of twenty
miles per hour.
(c) "Class 3 electric bicycle" means a
bicycle or tricycle that is equipped with an electric motor that provides
assistance only when the rider is pedaling and that ceases to provide
assistance when the bicycle or tricycle reaches the speed of twenty-eight
miles per hour.
29. "Electric miniature scooter" means a
device that:
(a) Weighs less than thirty pounds.
(b) Has two or three wheels.
(c) Has handlebars.
(d) Has a floorboard on which a person may stand
while riding.
(e) Is powered by an electric motor or human power,
or both.
(f) Has a maximum speed that does not exceed ten
miles per hour, with or without human propulsion, on a paved level surface.
30. "Electric personal assistive mobility
device" means a self-balancing device with one wheel or two
nontandem wheels and an electric propulsion system that limits the maximum
speed of the device to fifteen miles per hour or less and that is designed to
transport only one person.
31. "Electric standup scooter":
(a) Means a device that:
(i) Weighs less than seventy-five pounds.
(ii) Has two or three wheels.
(iii) Has handlebars.
(iv) Has a floorboard on which a person may stand
while riding.
(v) Is powered by an electric motor or human power,
or both.
(vi) Has a maximum speed that does not exceed twenty
miles per hour, with or without human propulsion, on a paved level surface.
(b) Does not include an electric miniature scooter.
32. "Evidence" includes both of the
following:
(a) A display on a wireless communication device of
a department-generated driver license, nonoperating identification
license, vehicle registration card or other official record of the department
that is presented to a law enforcement officer or in a court or an
administrative proceeding.
(b) An electronic or digital license plate
authorized pursuant to section 28-364.
33. "Farm" means any lands primarily used
for agriculture production.
34. "Farm tractor" means a motor vehicle
designed and used primarily as a farm implement for drawing implements of
husbandry.
35. "Foreign vehicle" means a motor
vehicle, trailer or semitrailer that is brought into this state other than in
the ordinary course of business by or through a manufacturer or dealer and that
has not been registered in this state.
36. "Fully autonomous vehicle" means an
autonomous vehicle that is equipped with an automated driving system designed
to function as a level four or five system under SAE J3016 and that may be
designed to function either:
(a) Solely by use of the automated driving system.
(b) By a human driver when the automated driving
system is not engaged.
37. "Golf cart" means a motor vehicle that
has not less than three wheels in contact with the ground, that has an unladen
weight of less than one thousand eight hundred pounds, that is designed to be
and is operated at not more than twenty-five miles per hour and that is
designed to carry not more than four persons including the driver.
38. "Gross combined weight rating" means
the sum of the gross vehicle weight rating of a motor vehicle and the trailer
or semitrailer the motor vehicle tows.
39. "Gross vehicle weight rating" means
the weight that is assigned by the motor vehicle manufacturer to a motor
vehicle and that represents the maximum recommended total weight, including the
vehicle and the load for the vehicle.
40. "Hazardous material" means a material,
and its mixtures or solutions, that the United States department of
transportation determines under 49 Code of Federal Regulations is, or any
quantity of a material listed as a select agent or toxin under 42 Code of
Federal Regulations part 73 that is, capable of posing an unreasonable risk to
health, safety and property if transported in commerce and that is required to
be placarded or marked as required by the department's safety rules prescribed
pursuant to chapter 14 of this title.
41. "Human driver" means a natural person
in the vehicle who performs in real time all or part of the dynamic driving
task or who achieves a minimal risk condition for the vehicle.
42. "Implement
of husbandry" means a vehicle that is designed primarily for agricultural
purposes and that is used exclusively in the conduct of agricultural
operations, including an implement or vehicle that uses an automated driving
system or that is autonomous or that is self-propelled or otherwise,
whether operated manually, equipped with an automated driving system that is
not in use or equipped with an automated driving system that is in use, and
that meets both of the following conditions:
(a) Is
used solely for agricultural purposes
,
including the
preparation or harvesting of cotton, alfalfa, grains, specialty crops and other
farm crops. For the purposes of this subdivision, "specialty crops"
includes fruits, vegetables, tree nuts, dried fruits and horticulture and
nursery crops, including floriculture.
(b) Is only incidentally operated or moved on a
highway whether as a trailer or an autonomous vehicle or a self-propelled
unit. For the purposes of this subdivision, "incidentally
operated or moved on a highway" means travel between a farm and another
part of the same farm, from one farm to another farm or between a farm and a
place of repair, supply or storage.
43. "Limousine" means a motor vehicle
providing prearranged ground transportation service for an individual
passenger, or a group of passengers, that is arranged in advance or is operated
on a regular route or between specified points and includes ground
transportation under a contract or agreement for services that includes a fixed
rate or time and is provided in a motor vehicle with a seating capacity not
exceeding fifteen passengers including the driver.
44. "Livery vehicle" means a motor vehicle
that:
(a) Has a seating capacity not exceeding fifteen
passengers including the driver.
(b) Provides passenger services for a fare
determined by a flat rate or flat hourly rate between geographic zones or
within a geographic area.
(c) Is available for hire on an exclusive or shared
ride basis.
(d) May do any of the following:
(i) Operate on a regular route or between specified
places.
(ii) Offer prearranged ground transportation service
as defined in section 28-141.
(iii) Offer on demand ground transportation service
pursuant to a contract with a public airport, licensed business entity or
organization.
45. "Local authority" means any county,
municipal or other local board or body exercising jurisdiction over highways
under the constitution and laws of this state.
46. "Manufacturer" means a person engaged
in the business of manufacturing motor vehicles, trailers or semitrailers.
47. "Minimal risk condition":
(a) Means a condition to which a human driver or an
automated driving system may bring a vehicle in order to reduce the risk of a
crash when a given trip cannot or should not be completed.
(b) Includes bringing the vehicle to a complete
stop.
48. "Moped" means a bicycle, not including
an electric bicycle, an electric miniature scooter or an electric standup
scooter, that is equipped with a helper motor if the vehicle has a maximum
piston displacement of fifty cubic centimeters or less, a brake horsepower of
one and one-half or less and a maximum speed of twenty-five miles
per hour or less on a flat surface with less than a one percent grade.
49. "Motorcycle" means a motor vehicle
that has a seat or saddle for the use of the rider and that is designed to
travel on not more than three wheels in contact with the ground but excludes a
tractor, an electric bicycle, an electric miniature scooter, an electric
standup scooter and a moped.
50. "Motor driven cycle" means a
motorcycle, including every motor scooter, with a motor that produces not more
than five horsepower but does not include an electric bicycle, an electric
miniature scooter or an electric standup scooter.
51. "Motorized quadricycle" means a
self-propelled motor vehicle to which all of the following apply:
(a) The vehicle is self-propelled by an
emission-free electric motor and may include pedals operated by the passengers.
(b) The vehicle has at least four wheels in contact
with the ground.
(c) The vehicle seats at least eight passengers,
including the driver.
(d) The vehicle is operable on a flat surface using
solely the electric motor without assistance from the pedals or passengers.
(e) The vehicle is a commercial motor vehicle as
defined in section 28-5201.
(f) The vehicle is a limousine operating under a
vehicle for hire company permit issued pursuant to section 28-9503.
(g) The vehicle is manufactured by a motor vehicle
manufacturer that is licensed pursuant to chapter 10 of this title.
(h) The vehicle complies with the definition and
standards for low-speed vehicles set forth in 49 Code of Federal
Regulations sections 571.3(b) and 571.500, respectively.
52. "Motor vehicle":
(a) Means either:
(i) A self-propelled vehicle.
(ii) For the purposes of the laws relating to the
imposition of a tax on motor vehicle fuel, a vehicle that is operated on the
highways of this state and that is propelled by the use of motor vehicle fuel.
(b) Does not include a scrap vehicle, a personal
delivery device, a personal mobile cargo carrying device, a motorized
wheelchair, an electric personal assistive mobility device, an electric
bicycle, an electric miniature scooter, an electric standup scooter or a
motorized skateboard. For the purposes of this subdivision:
(i) "Motorized skateboard" means a self-propelled
device that does not have handlebars and that has a motor, a deck on which a
person may ride and at least two tandem wheels in contact with the ground.
(ii) "Motorized wheelchair" means a self-propelled
wheelchair that is used by a person for mobility.
53. "Motor vehicle fuel" includes all
products that are commonly or commercially known or sold as gasoline, including
casinghead gasoline, natural gasoline and all flammable liquids, and that are
composed of a mixture of selected hydrocarbons expressly manufactured and
blended for the purpose of effectively and efficiently operating internal
combustion engines. Motor vehicle fuel does not include inflammable
liquids that are specifically manufactured for racing motor vehicles and that
are distributed for and used by racing motor vehicles at a racetrack, use fuel
as defined in section 28-5601, aviation fuel, fuel for jet or turbine
powered aircraft or the mixture created at the interface of two different
substances being transported through a pipeline, commonly known as transmix.
54. "Neighborhood electric shuttle":
(a) Means a self-propelled electrically
powered motor vehicle to which all of the following apply:
(i) The vehicle is emission free.
(ii) The vehicle has at least four wheels in contact
with the ground.
(iii) The vehicle is capable of transporting at
least eight passengers, including the driver.
(iv) The vehicle is a commercial motor vehicle as
defined in section 28-5201.
(v) The vehicle is a vehicle for hire as defined in
section 28-9501 and operates under a vehicle for hire company permit
issued pursuant to section 28-9503.
(vi) The vehicle complies with the definition and
standards for low-speed vehicles set forth in 49 Code of Federal
Regulations sections 571.3(b) and 571.500, respectively.
(b) Includes a vehicle that meets the standards
prescribed in subdivision (a) of this paragraph and that has been modified
after market and not by the manufacturer to transport up to fifteen passengers,
including the driver.
55. "Neighborhood electric vehicle" means
a self-propelled electrically powered motor vehicle to which all of the
following apply:
(a) The vehicle is emission free.
(b) The vehicle has at least four wheels in contact
with the ground.
(c) The vehicle complies with the definition and
standards for low-speed vehicles, unless excepted or exempted under
federal law, set forth in 49 Code of Federal Regulations sections 571.3(b) and
571.500, respectively.
56. "Neighborhood occupantless electric
vehicle" means a neighborhood electric vehicle that is not designed,
intended or marketed for human occupancy.
57. "Nonresident" means a person who is
not a resident of this state as defined in section 28-2001.
58. "Off-road recreational motor
vehicle" means a motor vehicle that is designed primarily for recreational
nonhighway all-terrain travel and that is not operated on a public
highway. Off-road recreational motor vehicle does not mean a
motor vehicle used for construction, building trade, mining or agricultural
purposes.
59. "Operational design domain":
(a) Means operating conditions under which a given
automated driving system is specifically designed to function.
(b) Includes roadway types, speed range,
environmental conditions, such as weather or time of day, and other domain
constraints.
60. "Operator" means a person who drives a
motor vehicle on a highway, who is in actual physical control of a motor
vehicle on a highway or who is exercising control over or steering a vehicle
being towed by a motor vehicle.
61. "Owner" means:
(a) A person who holds the legal title of a vehicle.
(b) If a vehicle is the subject of an agreement for
the conditional sale or lease with the right of purchase on performance of the
conditions stated in the agreement and with an immediate right of possession
vested in the conditional vendee or lessee, the conditional vendee or lessee.
(c) If a mortgagor of a vehicle is entitled to
possession of the vehicle, the mortgagor.
62. "Pedestrian" means any person
afoot. A person who uses an electric personal assistive mobility
device or a manual or motorized wheelchair is considered a pedestrian unless
the manual wheelchair qualifies as a bicycle. For the purposes of
this paragraph, "motorized wheelchair" means a self-propelled
wheelchair that is used by a person for mobility.
63. "Personal delivery device":
(a) Means a device that is both of the following:
(i) Manufactured for transporting cargo and goods in
an area described in section 28-1225.
(ii) Equipped with automated driving technology,
including software and hardware, that enables the operation of the device with
the remote support and supervision of a human.
(b) Does not include a personal mobile cargo
carrying device.
64. "Personal
mobile cargo carrying device" means an electronically powered device that:
(a) Is operated
primarily on sidewalks and within crosswalks and that is designed to transport
property.
(b) Weighs less than eighty pounds, excluding cargo.
(c) Operates at a maximum speed of twelve miles per
hour.
(d) Is equipped with technology to transport
personal property with the active monitoring of a property owner and that is
primarily designed to remain within twenty-five feet of the property
owner.
(e) Is equipped with a braking system that when
active or engaged enables the personal mobile cargo carrying device to come to
a controlled stop.
65. "Power sweeper" means an implement,
with or without motive power, that is only incidentally operated or moved on a
street or highway and that is designed for the removal of debris, dirt, gravel,
litter or sand whether by broom, vacuum or regenerative air system from
asphaltic concrete or cement concrete surfaces, including parking lots,
highways, streets and warehouses, and a vehicle on which the implement is
permanently mounted.
66. "Public transit" means the
transportation of passengers on scheduled routes by means of a conveyance on an
individual passenger fare-paying basis excluding transportation by a
sightseeing bus, school bus or taxi or a vehicle not operated on a scheduled
route basis.
67. "Reconstructed vehicle" means a
vehicle that has been assembled or constructed largely by means of essential
parts, new or used, derived from vehicles or makes of vehicles of various
names, models and types or that, if originally otherwise constructed, has been
materially altered by the removal of essential parts or by the addition or
substitution of essential parts, new or used, derived from other vehicles or
makes of vehicles. For the purposes of this paragraph, "essential
parts" means integral and body parts, the removal, alteration or
substitution of which will tend to conceal the identity or substantially alter
the appearance of the vehicle.
68. "Residence district" means the
territory contiguous to and including a highway not comprising a business
district if the property on the highway for a distance of three hundred feet or
more is in the main improved with residences or residences and buildings in use
for business.
69. "Right-of-way" when used
within the context of the regulation of the movement of traffic on a highway
means the privilege of the immediate use of the highway. Right-of-way
when used within the context of the real property on which transportation
facilities and appurtenances to the facilities are constructed or maintained
means the lands or interest in lands within the right-of-way
boundaries.
70. "SAE J3016" means surface
transportation recommended practice J3016 taxonomy and definitions for terms
related to driving automation systems for on-road motor vehicles published by
SAE international in June 2018.
71. "School bus" means a motor vehicle
that is designed for carrying more than ten passengers and that is either:
(a) Owned by any public or governmental agency or
other institution and operated for the transportation of children to or from
home or school on a regularly scheduled basis.
(b) Privately owned and operated for compensation
for the transportation of children to or from home or school on a regularly
scheduled basis.
72. "Scrap metal dealer" has the same
meaning prescribed in section 44-1641.
73. "Scrap vehicle" has the same meaning
prescribed in section 44-1641.
74. "Semitrailer" means a vehicle that is
with or without motive power, other than a pole trailer or single-axle
tow dolly, that is designed for carrying persons or property and for being
drawn by a motor vehicle and that is constructed so that some part of its
weight and that of its load rests on or is carried by another vehicle. For the
purposes of this paragraph, "pole trailer" has the same meaning
prescribed in section 28-601.
75. "Single-axle tow dolly" means a
nonvehicle device that is drawn by a motor vehicle, that is designed and used
exclusively to transport another motor vehicle and on which the front or rear
wheels of the drawn motor vehicle are mounted on the tow dolly while the other
wheels of the drawn motor vehicle remain in contact with the ground.
76. "State" means a state of the United
States and the District of Columbia.
77. "State highway" means a state route or
portion of a state route that is accepted and designated by the board as a
state highway and that is maintained by the state.
78. "State route" means a right-of-way
whether actually used as a highway or not that is designated by the board as a
location for the construction of a state highway.
79. "Street" or "highway" means
the entire width between the boundary lines of every way if a part of the way
is open to the use of the public for purposes of vehicular travel.
80. "Taxi" means a motor vehicle that has
a seating capacity not exceeding fifteen passengers, including the driver, that
provides passenger services and that:
(a) Does not primarily operate on a regular route or
between specified places.
(b) Offers local transportation for a fare
determined on the basis of the distance traveled or prearranged ground
transportation service as defined in section 28-141 for a predetermined
fare.
81. "Title transfer form" means a paper or
an electronic form that is prescribed by the department for the purpose of
transferring a certificate of title from one owner to another owner.
82. "Traffic survival school" means a
school that is licensed pursuant to chapter 8, article 7.1 of this title and
that offers educational sessions that are designed to improve the safety and
habits of drivers and that are approved by the department.
83. "Trailer" means a vehicle that is with
or without motive power, other than a pole trailer or single-axle tow
dolly, that is designed for carrying persons or property and for being drawn by
a motor vehicle and that is constructed so that no part of its weight rests on
the towing vehicle. A semitrailer equipped with an auxiliary front
axle commonly known as a dolly is deemed to be a trailer. For the
purposes of this paragraph, "pole trailer" has the same meaning
prescribed in section 28-601.
84. "Transportation network company" has
the same meaning prescribed in section 28-9551.
85. "Transportation network company
vehicle" has the same meaning prescribed in section 28-9551.
86. "Transportation network service" has
the same meaning prescribed in section 28-9551.
87. "Truck" means a motor vehicle designed
or used primarily for the carrying of property other than the effects of the
driver or passengers and includes a motor vehicle to which has been added a
box, a platform or other equipment for such carrying.
88. "Truck tractor" means a motor vehicle
that is designed and used primarily for drawing other vehicles and that is not
constructed to carry a load other than a part of the weight of the vehicle and
load drawn.
89. "Vehicle":
(a) Means a device in, on or by which a person or
property is or may be transported or drawn on a public highway.
(b) Does not include:
(i) Electric bicycles, electric miniature scooters,
electric standup scooters and devices moved by human power.
(ii) Devices used exclusively on stationary rails or
tracks.
(iii) Personal delivery devices.
(iv) Scrap vehicles.
(v) Personal mobile cargo carrying devices.
90. "Vehicle transporter" means either:
(a) A truck tractor capable of carrying a load and
drawing a semitrailer.
(b) A truck tractor with a stinger-steered
fifth wheel capable of carrying a load and drawing a semitrailer or a truck
tractor with a dolly mounted fifth wheel that is securely fastened to the truck
tractor at two or more points and that is capable of carrying a load and
drawing a semitrailer.
END_STATUTE
Sec. 2. Section 28-1177, Arizona Revised Statutes, is amended to read:
START_STATUTE
28-1177.
Off-highway vehicle user fee; indicia; registration; state trust
land recreational permit; exception
A. A person shall not
operate or allow the operation of an all-terrain vehicle or an off-highway
vehicle in this state without either a resident or nonresident off-highway
vehicle user indicia issued by the department if the all-terrain vehicle
or off-highway vehicle meets both of the following criteria:
1. Is designed by the manufacturer primarily for
travel over unimproved terrain.
2. Has an unladen weight of
two
three
thousand five hundred pounds or less.
B. A person shall apply to the department of
transportation for a resident or nonresident off-highway vehicle user
indicia by submitting an application prescribed by the department of
transportation and a user fee for the indicia in an amount to be determined by
the director of the department of transportation in cooperation with the
director of the Arizona game and fish department and the Arizona state parks
board. The resident or nonresident off-highway vehicle user
indicia is valid for one year
from
after
the date of issuance and may be renewed. The department
of
transportation
shall prescribe by rule the design and placement of the
indicia.
C. When a person pays for a resident off-highway
vehicle user indicia pursuant to this section, the person may request a motor
vehicle registration if the vehicle meets all equipment requirements to be
operated on a highway pursuant to article 16 of this chapter.� If a person
submits a signed affidavit to the department affirming that the vehicle meets
all of the equipment requirements for highway use and that the vehicle will be
operated primarily off of highways, the department shall register the vehicle
for highway use and the vehicle owner is not required to pay the registration
fee prescribed in section 28-2003. This subsection does not
apply to vehicles that as produced by the manufacturer meet the equipment
requirements to be operated on a highway pursuant to article 16 of this
chapter.
D. The director shall deposit, pursuant to sections
35-146 and 35-147, seventy percent of the user fees collected
pursuant to this section in the off-highway vehicle recreation fund established
by section 28-1176 and thirty percent of the user fees collected pursuant
to this section in the Arizona highway user revenue fund.
E. The Arizona game and fish department may provide
for the purchase of nonresident off-highway vehicle user indicia and may
impose an additional service fee in an amount to be determined by the Arizona
game and fish commission by rule. The Arizona game and fish
department shall deposit, pursuant to sections 35-146 and 35-147,
the service fees collected pursuant to this subsection in the game and fish
fund established by section 17-261.
F. An occupant of an off-highway vehicle with a
resident or nonresident off-highway vehicle user indicia issued pursuant
to this section
who crosses
may recreate
for the day on
state trust lands
and
must comply with all of the rules and requirements
under a state trust land recreational permit. All occupants of an
off-highway vehicle with a resident or nonresident off-highway
vehicle user indicia shall obtain a state trust land recreational permit from
the state land department for all other authorized recreational activities on
state trust land
, including for overnight camping
.
G. This section does not apply to off-highway
vehicles, all-terrain vehicles or off-road recreational motor
vehicles that are used off-highway exclusively for agricultural, ranching,
construction, mining, mining exploration or building trade purposes.
H. In consultation with the department of
transportation, the Arizona game and fish department may adopt rules necessary
to implement this section.
END_STATUTE
Sec. 3. Title 28, chapter 3, article 20,
Arizona Revised Statutes, is amended by adding section 28-1182, to read:
START_STATUTE
28-1182.
Off-highway vehicle laws enforcement fund
the off-highway vehicle laws enforcement
fund is established consisting of monies deposited pursuant to section 28-5801
to be used for the sole purpose of enforcing off-highway vehicle laws in
this state.� the Arizona state parks board shall administer the fund.� Monies
in the fund are continuously appropriated and are exempt from the provisions of
section 35-190 relating to lapsing of appropriations.� On notice from the
board, 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.
END_STATUTE
Sec. 4. Section 28-5801, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-5801.
Vehicle license tax rate; definitions
A. At the time of
application for and before registration each year of a vehicle, the registering
officer shall collect the vehicle license tax imposed by article IX, section
11, Constitution of Arizona. On the taxpayer's vehicle license tax
bill, the registering officer shall provide the taxpayer with information
showing the amount of the vehicle license tax that each category of recipient
will receive and the amount that is owed by the taxpayer.
B. Except as provided in subsections C, D
,
and
E
and F
of
this section:
1. During the first twelve months of the life of a
vehicle as determined by its initial registration, the vehicle license tax is
based on each $100 in value, the value of the vehicle is sixty percent of the
manufacturer's base retail price of the vehicle and the vehicle license tax
rate for each of the recipients is as follows:
(a) The rate for the
Arizona highway user revenue fund is $1.26.
(b) The rate for the
county general fund is $.69.
(c) The rate for counties
for any purposes related to transportation, as determined by the board of
supervisors, is $.16.
(d) The rate for
incorporated cities and towns is $.69.
2. During each succeeding
twelve-month period, the vehicle license tax is based on each $100 in value,
the value of the vehicle is 16.25 percent less than the value for the preceding
twelve-month period and the vehicle license tax rate for each of the recipients
is as follows:
(a) The rate for the
Arizona highway user revenue fund is $1.30.
(b) The rate for the
county general fund is $.71.
(c) The rate for counties
for the same use as highway user revenue fund monies is $.17.
(d) The rate for
incorporated cities and towns is $.71.
3. The minimum amount of
the vehicle license tax computed under this section is $10 per year for each
vehicle that is subject to the tax. If the product of all of the rates
prescribed in paragraph 1 or 2 of this subsection is less than $10, the vehicle
license tax is $10. The vehicle license tax collected pursuant to
this paragraph shall be distributed to the recipients prescribed in this
subsection based on the percentage of each recipient's rate to the sum of all
of the rates.
C. The vehicle license tax
is as follows for noncommercial trailers that are not travel trailers and that
are ten thousand pounds or less declared gross weight:
1. On initial
registration, a onetime vehicle license tax of $105.
2. On renewal of
registration, a onetime vehicle license tax of $70.
D. The vehicle license tax
is as follows for a trailer or semitrailer that is not a travel trailer and
that exceeds ten thousand pounds declared gross weight:
1. On initial
registration, a onetime vehicle license tax of $555.
2. On renewal of
registration or if previously registered in another state, a onetime vehicle
license tax of:
(a) If the trailer's or
semitrailer's model year is less than six years old, $355.
(b) If the trailer's or
semitrailer's model year is at least six years old, $100.
E. The vehicle license tax for an all-terrain
vehicle or off-highway vehicle as defined in section 28-1171 is $3
if the all-terrain vehicle or off-highway vehicle meets both of the following
criteria:
1. Is designed by the manufacturer primarily for
travel over unimproved terrain.
2. Has an unladen weight of two thousand five
hundred pounds or less.
F. The vehicle license tax for an
all-terrain vehicle or off-highway vehicle as defined in section 28-1171
that has an unladen weight of more than two thousand five hundred pounds but
less than three thousand five hundred one pounds is fifty percent of the
vehicle license tax DETERMINED pursuant to subsection B of this
section. Notwithstanding section 28-5808, the director shall
deposit, pursuant to sections 35-146 and 35-147, any vehicle
license tax collected pursuant to this subsection in the off-highway
vehicle laws enforcement fund established by section 28-1182.
F.
G.
The vehicle license tax collected pursuant to
subsection C, D or E of this section shall be distributed to the recipients
prescribed in subsection B of this section based on the percentage of each
recipient's rate to the sum of all of the rates.
G.
H.
For the purposes of this section:
1. "Declared gross
weight" has the same meaning prescribed in section 28-5431.
2. "Travel trailer" has the same meaning
prescribed in section 28-2003.
END_STATUTE
Sec. 5.
Rulemaking
The director of the department of
transportation shall adopt rules not later than twelve months after the
effective date of this act for an off-highway vehicle usage classification for
all-terrain vehicles or off-highway vehicles that have an unladen
weight of more than two thousand five hundred pounds but less than three
thousand five hundred one pounds.