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SB1552 - 572R - H Ver
House Engrossed
Senate Bill
ADOT; revisions.
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1552
AN
ACT
Amending sections 28-101, 28-337 and
28-737, Arizona Revised Statutes; repealing section 28-2410, Arizona Revised
Statutes; amending sections 28-3158, 28-3165, 28-3173, 28-3319, 28-3321,
28-4882, 28-5606, 28-5614, 28-5805, 28-7041 and 28-8328, Arizona Revised
Statutes; amending title 44, chapter 38, article 1, Arizona Revised Statutes,
by adding section 44-7953; relating to transportation.
(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 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. "apply
"
and
"application" means the process in which a
person provides required information in a manner PReSCRIBED by the department
for services RENDERED by the department.
4.
5.
"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.
6.
"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.
7.
"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.
8.
"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.
9.
"Autonomous
vehicle" means a motor vehicle that is equipped with an automated driving
system.
9.
10.
"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.
11.
"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.
12.
"Board"
means the transportation board.
12.
13.
"Bus"
means a motor vehicle designed for carrying sixteen or more passengers,
including the driver.
13.
14.
"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.
15.
"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.
16.
"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.
17.
"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.
18.
"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.
19.
"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.
20.
"County
highway" means a public road that is constructed and maintained by a
county.
20.
21.
"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.
22.
"Department"
means the department of transportation acting directly or through its duly
authorized officers and agents.
22.
23.
"Digital
network or software application" has the same meaning prescribed in
section 28-9551.
23.
24.
"Director"
means the director of the department of transportation.
24.
25.
"Drive"
means to operate or be in actual physical control of a motor vehicle.
25.
26.
"Driver"
means a person who drives or is in actual physical control of a vehicle.
26.
27.
"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.
28.
"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.
29.
"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.
30.
"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.
31.
"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.
32.
"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.
33.
"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.
34.
"Farm"
means any lands primarily used for agriculture production.
34.
35.
"Farm
tractor" means a motor vehicle designed and used primarily as a farm
implement for drawing implements of husbandry.
35.
36.
"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.
37.
"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.
38.
"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.
39.
"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.
40.
"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.
41.
"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.
42.
"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.
43.
"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.
44.
"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.
45.
"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.
46.
"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.
47.
"Manufacturer"
means a person engaged in the business of manufacturing motor vehicles,
trailers or semitrailers.
47.
48.
"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.
49.
"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.
50.
"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.
51.
"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.
52.
"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.
53.
"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.
54.
"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.
55.
"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.
56.
"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.
57.
"Neighborhood
occupantless electric vehicle" means a neighborhood electric vehicle that
is not designed, intended or marketed for human occupancy.
57.
58.
"Nonresident"
means a person who is not a resident of this state as defined in section 28-2001.
58.
59.
"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.
60.
"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.
61.
"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.
62.
"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.
63.
"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.
64.
"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.
65.
"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.
66.
"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.
67.
"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.
68.
"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.
69.
"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.
70.
"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.
71.
"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.
72.
"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.
73.
"Scrap
metal dealer" has the same meaning prescribed in section 44-1641.
73.
74.
"Scrap
vehicle" has the same meaning prescribed in section 44-1641.
74.
75.
"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.
76.
"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.
77.
"State"
means a state of the United States and the District of Columbia.
77.
78.
"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.
79.
"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.
80.
"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.
81.
"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.
82.
"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.
83.
"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.
84.
"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.
85.
"Transportation
network company" has the same meaning prescribed in section 28-9551.
85.
86.
"Transportation
network company vehicle" has the same meaning prescribed in section 28-9551.
86.
87.
"Transportation
network service" has the same meaning prescribed in section 28-9551.
87.
88.
"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.
89.
"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.
90.
"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.
91.
"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 28-337, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-337.
High occupancy vehicle lane; lane degradation; priority use
A. In accordance with 23 United States Code section
166, the department shall develop procedures to monitor the impact that single
occupancy vehicles authorized under sections 28-2416 and 28-2416.01 have on the
operation of the high occupancy vehicle lanes.
B. If a high occupancy vehicle lane becomes degraded
due to the authorization of single occupancy vehicles authorized under sections
28-2416 and 28-2416.01, use of the lane is restricted to the following
vehicles in the following priority:
1. Passenger vehicles with two or more occupants,
including the driver.
2. Public transit buses.
3. Buses with two or more occupants, including the
driver.
4. Motorcycles.
5. Alternative fuel vehicles.
6. Low emission and energy efficient vehicles
as defined in section 28-601
.
7. Blood transport vehicles as
defined in section 28-737.
C. The department shall limit
the
use
of the high occupancy vehicle lanes
to vehicles in the
priority order prescribed in subsection B of this section and shall maintain
those restrictions while the lane or portion of the lane remains degraded.
D. For the purposes of this section, a high
occupancy vehicle lane is degraded if vehicles operating on the facility, or
portions of the facility, are failing to maintain a speed of forty-five miles
per hour or greater ninety
per cent
percent
of the time over a consecutive one hundred
eighty day
eighty-day
period during morning and evening weekday
peak hour periods.
END_STATUTE
Sec. 3. Section 28-737, Arizona Revised Statutes, is amended to read:
START_STATUTE
28-737.
High occupancy vehicle lanes; exceptions; civil penalty;
definitions
A. Except as provided
in sections 28-2416 and 28-2416.01 and subsection B of this
section, a person shall not drive a vehicle carrying fewer than two persons,
including the driver, in a high occupancy vehicle lane at any time the use of
the high occupancy vehicle lane is restricted to vehicles carrying two or more
persons, including the driver.
B. Subsection A
of this section
does
not apply to any of the following:
1. During the performance of a tow truck operator's
duties, a tow truck operator driving a tow truck.
2. A person driving a motorcycle.
3. A person driving a public transportation vehicle.
4. An authorized emergency vehicle
as
defined in section 28-101
that is in use by a first responder in
the line of duty.
5. A blood transport vehicle if the
vehicle displays on each side and on the rear of the vehicle a removable decal
or sign indicating that the vehicle is transporting human blood or blood
products.
C. A person who violates subsection A of this
section is subject to a civil penalty of
two hundred dollars
$200
.
D. Notwithstanding section 28-1554,
one hundred dollars
$100
of each civil
penalty collected pursuant to subsection C of this section shall be deposited
in the state general fund.
E. For the purposes of this section
:
,
1. "blood transport
vehicle" MEANS a motor vehicle that is owned or OPERATED by a nonprofit
general blood banking OPERATION, a nonprofit blood bank or a nonprofit blood
bank's agent and that is transporting blood or blood products between
collection points, HOSPITALS or blood storage centers.
2.
"Public transportation
vehicle" means any vehicle that provides a public entity's public
transportation service and either:
1.
(
a
)
Is owned or operated by the public entity.
2.
(
b
)
Is operated under a contract with the public
entity.
END_STATUTE
Sec. 4.
Repeal
Section 28-2410, Arizona Revised
Statutes, is repealed.
Sec. 5. Section 28-3158, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3158.
Driver license or instruction permit application
A. A person who applies for an instruction permit or
for a driver license shall use a form furnished by the department.
B. An applicant shall pay the fee prescribed by section
28-3002 for a driver license or for an instruction permit issued under
section 28-3154, 28-3155, 28-3156 or 28-3225. The
department shall refund an application fee pursuant to section 28-373.
C. An applicant for an instruction permit or a
driver license shall give the department satisfactory proof of the applicant's
full legal name, date of birth, sex and domicile residence address in this
state, if the applicant has a residence address, and that the applicant's
presence in the United States is authorized under federal law.
D. The application for an instruction permit or a
driver license
shall state
may include
the
following:
1. A brief description of the applicant and any
other identifying information required by the department.
2. Whether the applicant has been licensed, and if
so, the type of license issued, when the license was issued and what state or
country issued the license.
3. If the applicant was never licensed, the
applicant's last previous state or country of residence.
4. The social security number of the applicant.
5. Other information required by the
department.
E. The department shall:
1. Verify that a social security number provided by
an applicant is a valid number assigned to that applicant.
2. Retain the social security number in its records.
F. The social security number provided to the
department pursuant to subsection D of this section for an applicant's driver
license or instruction permit shall not appear on an applicant's driver license
or instruction permit unless the applicant requests that the social security
number appear on the applicant's driver license or instruction permit as the
driver license or instruction permit number.� Except as provided in sections 28-455
and 41-1954, the department shall not release the social security number
to any person unless the applicant requests that the social security number
appear on the applicant's driver license or instruction permit as the driver
license or instruction permit number.� The provisions of this subsection shall
be included in each application.
G. The department may adopt and implement procedures
to deny a driver license or instruction permit to a person who has been
deported. The department may adopt and implement procedures to reinstate a
person's privilege to apply for a driver license or permit if the person's
legal presence status is restored.
H. On request of an applicant, the department shall
allow the applicant to provide on the license or permit a post office box
address that is regularly used by the applicant.
I. The department may request an applicant who
appears in person for a license, a duplicate license or reinstatement of a
driving privilege to complete satisfactorily the vision screening prescribed by
the department.
J. If a driver license applicant submits
satisfactory proof to the department that the applicant is a veteran, on
request of the applicant, the department shall allow a distinguishing mark to
appear on the license that identifies the person as a veteran.
END_STATUTE
Sec. 6. Section 28-3165, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3165.
Nonoperating identification license; immunity; rules; emancipated
minors; definition
A. On receipt of an application from a person who
does not have a valid driver license issued by this state or whose driving
privilege is suspended, the department shall issue a nonoperating
identification license that contains a distinguishing number assigned to the
licensee, the full legal name, the date of birth, the residence address and a
brief description of the licensee and either a facsimile of the signature of
the licensee or a space on which the licensee is required to write the licensee's
usual signature with pen and ink. A nonoperating identification
license that is issued to a person whose driving privilege is suspended shall
not be valid for more than one hundred eighty days from the date of issuance.
B. On request of an applicant:
1. The department shall allow the applicant to
provide on the nonoperating identification license a post office box address
that is regularly used by the applicant.
2. If the applicant submits satisfactory proof to
the department that the applicant is a veteran, the department shall allow a
distinguishing mark to appear on the nonoperating identification license that
identifies that person as a veteran.
3. If the applicant elects to show and submits
satisfactory proof to the department that the applicant is an enrolled member
of a federally recognized Indian tribe located in this state, the department
shall allow a distinguishing mark to appear on the nonoperating identification
license that identifies the applicant as a native American. The
distinguishing mark may not identify a specific Indian tribe or other specific
personal information that is submitted on the documents that provide
satisfactory proof that the person is an enrolled member of a federally
recognized Indian tribe located in this state. Documents that
provide satisfactory proof that the person is an enrolled member of a federally
recognized Indian tribe located in this state include:
(a) An enhanced tribal card.
(b) A tribal identification card.
(c) A tribal certificate of Indian blood.
(d) A tribal or bureau of Indian affairs affidavit
of birth.
C. A person who is issued a license pursuant to this
section shall use it only for identification purposes of the licensee.� The
nonoperating identification license does not grant authority to operate a motor
vehicle in this state. The department shall clearly label the
nonoperating identification license "for identification only, not for
operation of a motor vehicle".
D. On issuance of a driver license, the holder of a
nonoperating identification license shall surrender the nonoperating
identification license to the department, and the department shall not refund
any fee paid for the issuance of the nonoperating identification license.
E. A nonoperating identification license shall
contain the photograph of the licensee. When issuing a nonoperating
identification license, the department shall use a process that prohibits as
nearly as possible the ability to superimpose a photograph on the license
without ready detection. The department shall process nonoperating
identification licenses and photo attachments in color.
F. On application, an applicant shall give the
department satisfactory proof of the applicant's full legal name, date of
birth, sex and residence address, if the applicant has a residence address, and
that the applicant's presence in the United States is authorized under federal
law.
The application shall briefly describe the applicant, state
whether the applicant has been licensed, and if so, the type of license issued,
when and by what state or country and whether any such license is under
suspension, revocation or cancellation. The application shall
contain other identifying information required by the department.
As necessary, the department may require other identifying information
from the applicant.
G. The department may adopt and implement procedures
to deny a nonoperating identification license to a person who has been
deported.� The department may adopt and implement procedures to reinstate a
person's privilege to apply for a nonoperating identification license if the
person's legal presence status is restored.
H. A nonoperating identification license issued by
the department is solely for the use and convenience of the applicant for
identification purposes.
I. The department shall adopt rules and establish
fees for issuance of a nonoperating identification license, except that the
department shall not require an examination.
J. The fees established pursuant to this section do
not apply to any of the following:
1. A person who is sixty-five years of age or
older.
2. A person who is a recipient of public monies as
an individual with a disability under title XVI of the social security act, as
amended.
3. A veteran who does not have a residence address.
4. A veteran whose residence address is the address
of a shelter that provides services to the homeless.
5. A child who is in the custody of the department
of child safety.
K. If a person qualifies for a nonoperating
identification license and is under the legal drinking age, the department
shall issue a license that is marked by color, code or design to immediately
distinguish it from a nonoperating identification license issued to a person of
legal drinking age. The department shall indicate on the
nonoperating identification license issued pursuant to this subsection the year
in which the person will attain the legal drinking age.
L. If a minor has been emancipated pursuant to title
12, chapter 15, on application and proof of emancipation, the department shall
issue a nonoperating identification license that contains the words
"emancipated minor".
M. Notwithstanding any other law, if an applicant
for a nonoperating identification license is at least sixteen years of age and
either does not have a residence address or is in the department of child
safety's custody, the applicant does not need a signature of the applicant's
parent, guardian, foster parent or employer.
N. For the purposes of this section,
"veteran" has the same meaning prescribed in section 41-601.
END_STATUTE
Sec. 7. Section 28-3173, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3173.
License update
A. By written notice the department shall require a
licensee to update the licensee's photograph
or present or mail
to the department in a form prescribed by the department a report based on a vision
test performed by the department or an examination by an optometrist or an
ophthalmologist or physician licensed to practice medicine,
if the
license has not been updated in the preceding
twelve
sixteen
years.
B. The director may require a licensee to update the
licensee's license at any time during the
twelve year
sixteen-year
period from the date of issuance.
END_STATUTE
Sec. 8. Section 28-3319, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3319.
Action after license suspension, revocation or denial for driving
under the influence or refusal of test; ignition interlock device requirement;
definitions
A. If, pursuant to section 28-1321, 28-1381,
28-1382, 28-1383, 28-3320 or 28-3322, the license of a
driver or the driving privilege of a nonresident is suspended or revoked, the
department shall not terminate the suspension or revocation or issue a special
ignition interlock restricted driver license, if applicable, pursuant to chapter
4, article 3.1 of this title until the person provides proof of financial
responsibility pursuant to chapter 9, article 3 of this title.
B. If, pursuant to section 28-1321, 28-1381,
28-1382, 28-1383, 28-3320 or 28-3322, an unlicensed
resident is denied a license or permit to operate a motor vehicle, the
department shall not issue a license or permit until the person provides proof
of financial responsibility pursuant to chapter 9, article 3 of this title.
C. If a person whose license or driving privilege is
suspended or revoked pursuant to section 28-1321, 28-1381, 28-1382,
28-1383 or 28-1385 is ordered, pursuant to section 28-1381,
28-1382, 28-1383 or 28-1385, to attend alcohol or other drug
screening, education or treatment
or evidence-based
psychotherapy
, the department shall not either:
1. Terminate the suspension or issue a special
ignition interlock restricted driver license, if applicable, pursuant to
chapter 4, article 3.1 of this title until the person or licensed treatment
facility provides proof that the person has completed or is participating
satisfactorily in alcohol or other drug screening, education or treatment
or evidence-based psychotherapy
.
2. Issue a new license or a special ignition
interlock restricted driver license, if applicable, pursuant to chapter 4,
article 3.1 of this title to operate a motor vehicle after the revocation until
the person or licensed treatment facility provides proof that the person has
completed
or is SATISFACTORILY participating in
the
court-ordered program.
D. Except as provided in subsection E of this
section, on receipt of a report of conviction from a court for a violation that
involved intoxicating liquor or that specifically requires the installation of
a certified ignition interlock device, the department shall require any motor
vehicle the convicted person operates to be equipped with a functioning
certified ignition interlock device and the convicted person to meet the
requirements prescribed in section 28-1461 as follows:
1. For twelve months if:
(a) Except as provided in subsection
G
H
of this section, the person is convicted of a violation
of section 28-1381, section 28-1382, subsection A, paragraph 1
or section 28-1383, subsection A, paragraph 3, subdivision (a).
(b) The department determines that within a period
of eighty-four months the person is convicted of a second or subsequent
violation of section 28-1381 or section 28-1382, subsection A,
paragraph 1 with a prior conviction of a violation of section 28-1381, 28-1382
or 28-1383 or an act in another jurisdiction that if committed in this
state would be a violation of section 28-1381, 28-1382 or 28-1383.
2. For eighteen months if the person is convicted of
a violation of section 28-1382, subsection A, paragraph 2.
3. For twenty-four months if:
(a) The person is convicted of a violation of
section 28-1382, subsection A, paragraph 2 and the department determines
that within a period of eighty-four months the person has a prior conviction of
a violation of section 28-1381, 28-1382 or 28-1383 or an act
in another jurisdiction that if committed in this state would be a violation of
section 28-1381, 28-1382 or 28-1383.
(b) The person is convicted of a violation of
section 28-1383, subsection A, paragraph 1, 2, 4 or 5 or paragraph 3,
subdivision (b).
E. If a person is required to equip a motor vehicle
with a certified ignition interlock device pursuant to subsection D of this
section and the person has a medical condition that prevents the person from
using the certified ignition interlock device during the entire time period
required by subsection D of this section, the department
of
transportation
shall require monthly alcohol and drug screening instead
of the certified ignition interlock device for the time period prescribed by
subsection D of this section.� The department
of transportation
shall require evidence of the medical condition that is satisfactory to the
department
of TRANSPORTATION
and in a manner prescribed
by the department
of transportation
from an authorized
physician as defined in section 28-2409 or an authorized physician
assistant as defined in section 28-2409.� The alcohol or drug screening
shall be provided by a facility approved by the department of health services,
the United States department of veterans affairs, a substance abuse counselor
as defined in section 28-3005 or a probation department.�
F. The requirement prescribed in subsection D of
this section begins on the date the person successfully completes the alcohol
or other drug screening, education or treatment program
or
EVIDENCE-based psychotherapy
requirements of this title and the
person is otherwise eligible to reinstate the person's driver license or
driving privilege. If the person is issued a special ignition
interlock restricted driver license for the violations giving rise to the
requirements prescribed in subsection D of this section or pursuant to section
28-1321, subsection P or section 28-1385, subsection J, the person
shall be credited for the amount of time that a certified ignition interlock
device is installed on the person's motor vehicle after the department
authorizes the installation of the certified ignition interlock device on that
person's motor vehicle.
G. A person who is required to equip a motor vehicle
with a certified ignition interlock device pursuant to this section shall
comply with chapter 4, article 5 of this title.
H. The department shall defer the remainder of the
time period prescribed in subsection D, paragraph 1, subdivision (a) of this
section commencing with the later of six months from the date the interlock was
installed or the completion of the requirements of this subsection if all of
the following apply:
1. The person is sentenced pursuant to section 28-1381,
subsection I.
2. The person successfully completes an alcohol
education program consisting of at least sixteen hours pursuant to section 28-1381.
3. The person has maintained a functioning ignition
interlock device on all motor vehicles the person operates and has met the
requirements of section 28-1461.
4. The person has not attempted to operate a vehicle
with an alcohol concentration of 0.08 or more two or more times during the
period of license restriction or limitation.
5. At the time of the offense, the person was not
involved in a motor vehicle accident that resulted in physical injury or
property damage.
6. All necessary compliance information has been
provided to the department by the ignition interlock device provider, the
alcohol screening program and the alcohol education program.
I. The deferment pursuant to subsection H of this
section is permanent, unless the person is arrested for a violation of section
28-1381, 28-1382 or 28-1383 that occurs during the period of
the deferment.� If the person is arrested as described in this subsection, the
department shall revoke the deferment and require the person to complete the
remainder of the time period prescribed in subsection D, paragraph 1,
subdivision (a) of this section.
J. Notwithstanding any other law, the department
shall reduce the length of time that a person is required to have a functioning
certified ignition interlock device installed in a motor vehicle pursuant to
subsection D of this section by the length of time that the person is
incarcerated in a jail or prison facility for a violation of section 28-1381
or 28-1383 that did not involve intoxicating liquor.
K. For the purposes of this section
:
,
1.
"Certified ignition
interlock device" has the same meaning prescribed in section 28-1301.
2. "evidence-based
PSYCHOTHERAPY" has the same meaning prescribed in section 28-1381.
END_STATUTE
Sec. 9. Section 28-3321, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3321.
Moving violations by persons under eighteen years of age; traffic
survival school; suspension
A person who
holds a driver permit or license and
who
is found responsible for a moving civil traffic violation pursuant
to this title or who is convicted of a moving criminal traffic offense pursuant
to this title, excluding violations of sections 28-693, 28-695, 28-708,
28-1381, 28-1382, 28-1383 and 28-3174, and who commits
the moving civil traffic violation or moving criminal traffic offense while the
person is under eighteen years of age is subject to the following:
1. On receipt of the first record of judgment or
conviction, the department shall order the person to attend and successfully
complete traffic survival school educational sessions.
2. On receipt of the second record of judgment or
conviction, the department shall suspend the person's driving privilege for
three months.
3. On receipt of the third record of judgment or
conviction, the department shall suspend the person's driving privilege for six
months.
END_STATUTE
Sec. 10. Section 28-4882, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-4882.
Junk vehicle; disposition
A. If a vehicle has been reported abandoned under
section 28-4838, the person making the report may request that the
vehicle be processed as a junk vehicle.� An agent of the department shall
inspect the vehicle to determine if the vehicle is a junk vehicle.
B. On making a determination that the vehicle is a
junk vehicle, the director shall cause a search of department records to be
made, or if a junk vehicle is registered in another state, make inquiry of the
vehicle registration agency in that state, to ascertain the name and address of
the owner and lienholder, if any, or any other person identified on the
department's record.
C. On receipt of information disclosing the name and
address of the owner and lienholder, if any, or any other person identified on
the department's record who may have an interest in the vehicle, the director
shall give notice to all interested persons of the director's intention to
allow the disposition of the junk vehicle as prescribed by this section. The
director shall give the notice by mail within five days for a vehicle with a
record in this state or within thirty days for all other vehicles.
D. If the records of the department or out of state
jurisdiction do not disclose the name and address of the owner and lienholder,
if any, or any other person who is identified on the department's record and
who may have an interest in the vehicle, or if the notice is returned marked
unclaimed or addressee unknown, the department shall publish the notice of the
intention of the director to allow the disposition of the junk vehicle as
prescribed by this article
once in a newspaper of general
circulation in the county in which the junk vehicle was found
on the department's website for at least thirty days
. The
published notice shall include a statement that the department will make
available to the public a complete vehicle description of junk vehicles.
E. If the vehicle is unclaimed at the expiration of
thirty days after the date placed on the notification mailed by the department
or within ten days of the publication as provided in subsections C and D of
this section, the director shall determine if the vehicle is a stolen vehicle.�
On receiving notification that the vehicle has not been reported stolen, the
director shall issue written authorization to the owner of the property
authorizing the owner of the property or a licensed automotive recycler to dispose
of the junk vehicle pursuant to section 28-4883.
END_STATUTE
Sec. 11. Section 28-5606, Arizona Revised Statutes, is amended to read:
START_STATUTE
28-5606.
Imposition of motor fuel taxes
A. In addition to all
other taxes provided by law, a tax of
eighteen cents
$.18
per gallon is imposed on motor vehicle fuel possessed,
used or consumed in this state.
B. To partially compensate this state for the use of
its highways:
1. A use fuel tax is imposed on use fuel used in the
propulsion of a light class motor vehicle on a highway in this state at the
same rate per gallon as the motor vehicle fuel tax prescribed in subsection A
of this section, except that there is no use fuel tax on alternative fuels.
2. A use fuel tax is imposed on use fuel used in the
propulsion of a use class motor vehicle on a highway in this state at the rate
of
twenty-six cents
$.26
for
each gallon, except that there is no use fuel tax on alternative fuels and use
class vehicles that are exempt pursuant to section 28-5432 from the
weight fee prescribed in section 28-5433 are subject to the use fuel tax
imposed by paragraph 1 of this subsection.
3. Through December 31, 2024, a use
fuel tax is imposed on use fuel used in the propulsion of a motor vehicle
transporting forest products in compliance with the requirements of section
41-1516 on a highway in this state at the rate of nine cents for each gallon,
except that there is no use fuel tax on alternative fuels.
C. The motor vehicle fuel and use fuel taxes imposed
pursuant to this section and the aviation fuel taxes imposed pursuant to
section 28-8344 are conclusively presumed to be direct taxes on the
consumer or user but shall be collected and remitted to the department by
suppliers for the purpose of convenience and facility only.� Motor vehicle
fuel, use fuel and aviation fuel taxes that are collected and paid to the
department by a supplier are considered to be advance payments, shall be added
to the price of motor vehicle fuel, use fuel or aviation fuel and shall be
recovered from the consumer or user.
D. Motor vehicle fuel and use fuel taxes imposed
pursuant to this section on the use of motor vehicle fuel and use fuel and the
aviation fuel taxes imposed pursuant to section 28-8344 on the use of
aviation fuel, other than by bulk transfer, arise at the time the motor
vehicle, use or aviation fuel either:
1. Is imported into this state and is measured by
invoiced gallons received outside this state at a refinery, terminal or bulk
plant for delivery to a destination in this state.
2. Is removed, as measured by invoiced gallons, from
the bulk transfer terminal system or from a qualified terminal in this state.
3. Is removed, as measured by invoiced gallons, from
the bulk transfer terminal system or from a qualified terminal or refinery
outside this state for delivery to a destination in this state as represented
on the shipping papers if a supplier imports the motor vehicle, use or aviation
fuel for the account of the supplier or the supplier has made a tax
precollection election pursuant to section 28-5636.
E. If motor fuel is removed from the bulk transfer
terminal system or from a qualified terminal or is imported into this state,
the original removal, transfer or importation of the motor fuel is subject to
the collection of the tax. If this motor fuel is transported to
another qualified terminal or reenters the bulk transfer terminal system, the
subsequent sale of the motor fuel on which tax has been collected is not
subject to collection of an additional tax if proper documentation is retained
to support the transaction.
END_STATUTE
Sec. 12. Section 28-5614, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-5614.
Refunds; use fuel
A. If a vendor pays the use fuel tax rate for use
class motor vehicles on use fuel that is actually used in the propulsion of a
light class motor vehicle on a highway in this state or that is actually used
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 and for the purpose of convenience and facility
only, the vendor may apply to the department for a refund of the difference
between the amount of the use class motor vehicle use fuel tax paid and the
amount of the light class motor vehicle use fuel tax on the same number of
gallons purchased.
B. If a person who transports forest
products on a highway in this state in compliance with the requirements of
section 41-1516 pays the use fuel tax rate prescribed in section 28-5606,
subsection B, paragraph 2 for a use class motor vehicle that is eligible for
the use fuel tax rate prescribed in section 28-5606, subsection B,
paragraph 3, the person may apply to the department for a refund of the
difference between the amount of the use fuel tax paid and the use fuel tax
rate prescribed for a motor vehicle transporting forest products.
C.
B.
The
director may prescribe any forms the director deems necessary to implement this
section.
D.
C.
A
vendor may file an application for a refund pursuant to this
section on a monthly basis subject to the limitations prescribed in
section 28-5612.
E.
D.
The
director shall:
1. Pay the refund from current use fuel tax
receipts.
2. Deduct the refund from the monthly use fuel tax
receipts before the deposit pursuant to section 28-5730 is made.
END_STATUTE
Sec. 13. Section 28-5805, Arizona Revised Statutes, is amended to read:
START_STATUTE
28-5805.
Motor vehicle powered by alternative fuel; classification;
vehicle license tax; definitions
A. A separate
classification of motor vehicles is established for purposes of taxation
pursuant to article IX, section 11, Constitution of Arizona, that consists of
motor vehicles that are powered by alternative fuel
and for which
the department issues an alternative fuel vehicle special plate or sticker
pursuant to section 28-2416
.
B. Notwithstanding section 28-5801, the
registering officer shall collect at the time of application for and before
registration of the motor vehicle that is classified under this section an
annual license tax of $4 for each $100 in value. The motor vehicle value is
determined as follows:
1. For a motor vehicle that is registered in this
state before January 1, 2022, the value of the motor vehicle is one percent of
the manufacturer's base retail price of the motor vehicle.� After the first
twelve months of the life of the motor vehicle as determined by its initial
registration, the value of the motor vehicle is fifteen percent less for each
twelve-month period than the value for the preceding twelve-month period.
2. For a motor vehicle that is initially registered
in this state during a period beginning January 1, 2022 and ending December 31,
2022, during the first twelve months of the life of the motor vehicle as
determined by its initial registration, the value of the motor vehicle is
twenty percent of the manufacturer's base retail price of the motor
vehicle. During each succeeding twelve-month period, the value
of the motor vehicle is fifteen percent less than the value for the preceding
twelve-month period.
C. The registering officer shall collect the vehicle
license tax on a motor vehicle that is powered by alternative fuel and that is
initially registered from and after December 31, 2022 in accordance with
section 28-5801.� The minimum amount of the vehicle license tax collected
pursuant to this subsection must be in accordance with section 28-5801 and
shall be distributed pursuant to section 28-5808, subsection B.
D. Except as provided in subsection C of this
section, the minimum amount of the license tax computed under this section is
$5 per year for each motor vehicle subject to the tax.
E. Except as specifically provided in this section,
the vehicle license tax on a motor vehicle classified under this section is
governed by this article.
F. For the purposes of this section:
1. "Alternative fuel" has the same meaning
prescribed in section 1-215.
2. "Motor vehicle" means a vehicle that
meets the safety standards of the national highway traffic safety
administration and includes:
(a) Neighborhood electric vehicles that meet the
standards prescribed in 49 Code of Federal Regulations section 571.500, except
that, if a vehicle is designed to be operated at speeds of twenty miles per
hour or less, the vehicle is not required to have a seventeen digit vehicle
identification number.
(b) Neighborhood electric shuttles.
END_STATUTE
Sec. 14. Section 28-7041, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-7041.
State highways and routes defined; primitive road designation
A. The state highways, to be known as state routes,
consist of the highways declared before August 12, 1927 to be state highways,
under authority of law, that the board, after receipt of a recommendation from
the director, may add to, abandon or change. If the board proceeds
contrary to the recommendations of the director,
it
the board
shall file a written report with the governor stating
the reasons for the action.
B. The state highways consist of the parts of the
state routes designated and accepted as state highways by the
board. A highway that has not been designated as a state route shall
not become a state highway and any portion of a state route shall not become a
state highway until it has been specifically designated and accepted by the
board as a state highway and ordered to be constructed and improved.
C. The director or the director's
designee may designate a state highway or route as a PRIMITIVE ROAD.
D. Neither this state or its
employees are liable for damages or injuries resulting from the use of a
primitive road designated pursuant to subsection C of this section except for
intentional injuries or gross negligence caused by an employee acting within
the scope of the employee's employment.
E. The department shall place signs
on each road designated as a primitive road in locations adequate to warn the
public. These signs shall state "Primitive road, caution, use
at your own risk. This surface is not regularly maintained".
C.
F.
All
highways, roads or streets that have been constructed, laid out, opened,
established or maintained for ten years or more by the state or an agency or
political subdivision of the state before January 1, 1960 and that have been
used continuously by the public as thoroughfares for free travel and passage
for ten years or more are declared public highways, regardless of an error,
defect or omission in the proceeding or failure to act to establish those
highways, roads or streets or in recording the proceedings.
END_STATUTE
Sec. 15. Section 28-8328, Arizona Revised Statutes, is amended to read:
START_STATUTE
28-8328.
Failure to register; assessment procedure
If an aircraft is not registered within the time periods
prescribed in this article, the director shall assess registration fees,
license taxes and penalties due as follows:
1. The director shall give
written
notice of the assessment to the owner of the aircraft
by either
mailing the notice in a postage prepaid sealed envelope addressed to the owner
of the aircraft at the owner's address as it appears in the records of the
department or by delivery in person
. Notice is deemed to be
complete at the time of mailing or at the time of
personal
delivery
electronic transmission
.
2. The assessment is final thirty days after notice
is deemed to be complete, unless, before that time, the department receives a
written objection to the assessment and a request for a hearing from the
owner. If the department receives a request for a hearing, the
hearing shall be conducted as provided in section 28-8244.
END_STATUTE
Sec. 16.
Heading change
The chapter heading of title 44,
chapter 38, Arizona Revised Statutes, is changed from "BUSINESSES EXEMPT
FROM MASK MANDATE" to "BUSINESSES GENERALLY".
Sec. 17. Title 44, chapter 38, article 1,
Arizona Revised Statutes, is amended by adding section 44-7953, to read:
START_STATUTE
44-7953.
Businesses that use camera systems; contract requirements; data
collection
A contract between a law enforcement agency and
a business that uses a camera system that has the sole purpose of identifying
motor vehicles must include a provision that prohibits the business from
selling or disseminating to third parties any data collected by the camera
system.
END_STATUTE
Sec. 18.
Implementation
The department of transportation shall
recall the honorary consular official special plates issued pursuant to section
28-2410, Arizona Revised Statutes, as repealed by this act, and shall issue
each person a standard license plate in lieu of the honorary consular official
special plate.