Arizona Revised Statutes Title 28 - Transportation

Chapter 1 DEFINITIONS, PENALTIES AND GENERAL PROVISIONS
Article 1 Definitions

• § 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...

Article 2 General Penalties

• § 28-121 Violation; Classification; Exception; Civil Traffic Violation; Surcharge
  A. A person who violates a provision of this title or who fails or refuses to do or perform an act or thing required...

Article 3 General Provisions

• § 28-141 Prearranged Ground Transportation; Applicability; Definitions
  A. The department shall not require a license or impose a fee on a motor vehicle providing prearranged ground transportation service if the motor...
• § 28-142 Livery Vehicle, Taxi, Transportation Network Company Vehicle, Transportation Network Company And Limousine Regulation; State Preemption
  The regulation and use of livery vehicles, taxis, transportation network company vehicles, transportation network companies and limousines are of statewide concern. Livery vehicles, taxis,...
• § 28-143 Heavy And Commuter Rail; Construction; Definitions
  A. For each heavy rail or commuter rail project, the licensed contractor performing the construction shall perform, with the contractor's own organization, construction work...

Chapter 2 ADMINISTRATION
Article 1 Transportation Board

• § 28-301 Transportation Districts
  A. Except as provided in subsection B, the state is divided into six transportation districts as follows: 1. First district, Maricopa county. 2. Second...
• § 28-302 Transportation Board; Members; Appointments; Terms; Compensation
  A. A transportation board is established in the department of transportation. B. The board consists of one member from each transportation district with a...
• § 28-303 Powers And Duties Of The Board; Meetings
  A. The board may meet when necessary at any place in this state. The board shall hold other regular meetings as it determines necessary....
• § 28-304 Powers And Duties Of The Board; Transportation Facilities
  A. The board shall: 1. Develop and adopt a statewide transportation policy statement. The policy statement shall be adopted as described in section 28-306....
• § 28-305 Powers And Duties Of The Board; Rules
  The board may prescribe rules for the effective administration of its powers, duties and responsibilities, including rules relating to: 1. Priority programs. 2. Establishing,...
• § 28-306 Statewide Transportation Policy Statement
  A. The board shall develop a statewide transportation policy statement as provided in this section. B. The statewide transportation policy statement shall be developed...
• § 28-307 Long‑range Statewide Transportation Plan; Board Duties
  A. The board shall develop a statewide transportation plan as provided in this section and section 28-506. B. The statewide plan shall be adopted...

Article 2 Department of Transportation

• § 28-331 Department Of Transportation Established
  A. A department of transportation is established. The department shall provide for an integrated and balanced state transportation system. B. The director is responsible...
• § 28-332 Department Of Transportation Jurisdiction; Duties; Divisions
  A. The exclusive control and jurisdiction over state highways, state routes, state owned airports and all state owned transportation systems or modes are vested...
• § 28-333 Legal Counsel
  The attorney general is the legal adviser of the department and shall provide legal services as the department requires. Compensation for personnel assigned by...
• § 28-334 Acceptance And Expenditure Of Federal Monies; Limitations
  A. The department may accept and expend grants, donations, aid or other monies received from the federal government or any agency of the federal...
• § 28-335 Comprehensive Financial Management System
  A. The department shall establish a comprehensive financial management system. B. The comprehensive financial management system shall include separate certifications of future estimated revenues...
• § 28-336 Real Id Act; Implementation Prohibited
  This state shall not participate in the implementation of the REAL ID act of 2005 (P.L. 109-13, division B; 119 Stat. 302). The department...
• § 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...
• § 28-338 Enhanced Driver License Prohibition
  This state shall not participate in the implementation of an enhanced driver license program to satisfy the requirements of the federal western hemisphere travel...

Article 3 Director of the Department of Transportation

• § 28-361 Director; Appointment; Compensation
  A. The governor shall appoint the director pursuant to section 38-211 from a list of qualified candidates submitted by the transportation board. The director...
• § 28-362 Deputy Director Of The Department
  The director may appoint a deputy director of the department with the approval of the governor. The deputy director serves at the pleasure of...
• § 28-363 Duties Of The Director; Administration
  A. The director shall: 1. Supervise and administer the overall activities of the department and its divisions and employees. 2. Appoint assistant directors for...
• § 28-364 Powers Of The Director
  (L04, Ch. 323, sec. 4. Eff. until 7/1/16) A. The director may provide technical transportation planning expertise to local governments when requested, coordinate local...
• § 28-364; Version 2 Powers Of The Director
  (L15, Ch. 244, sec. 27. Eff. 7/1/16) A. The director may provide technical transportation planning expertise to local governments when requested, coordinate local government...
• § 28-365 Disposition Of Fees
  Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees collected under this chapter in the...
• § 28-366 Director; Rules
  The director shall adopt rules pursuant to title 41, chapter 6 as the director deems necessary for: 1. Collection of taxes and license fees....
• § 28-367 Public Transit
  The director shall: 1. Receive, allocate, control and disperse all monies designated for state public transit programs by federal or state law. 2. Pass...
• § 28-368 Property Acquisition; Definition
  A. The director may acquire in the name of this state by gift, grant, purchase, lease-purchase, condemnation or any other lawful manner real property...
• § 28-369 Law Enforcement Powers; Ports Of Entry; Violation; Classification
  A. The director and officers, agents and employees of the department or local or state law enforcement agencies the director designates are peace officers....
• § 28-370 Oaths And Acknowledgments; Power Of Attorney; Definition
  A. The director and officers, agents and employees of the department the director designates may administer oaths and acknowledge signatures, without a fee, in...
• § 28-371 Surety Bond
  A. The director may authorize a person who is required to pay a fee to the department pursuant to section 28-2003, 28-2094, 28-2352, 28-2402,...
• § 28-372 Returned Checks; Dishonored Electronic Payments; Fees
  A. The director may assess: 1. The fee specified in section 44-6852 for a check, draft or order that has been dishonored because of...
• § 28-373 Refunds; Limitations
  A. If the director determines that any tax, penalty, fee or interest has been overpaid or collected that was not lawfully due, the director...
• § 28-374 Fees And Taxes; Alternative Payment Methods; Penalties
  A. Subject to the limitations of sections 35-142 and 41-2544, the director may enter into agreements for the purpose of accepting payment for fees...
• § 28-375 Alternative Office Hours For Motor Vehicle Division Offices
  To meet the needs of the public the director may establish hours of operation for motor vehicle division offices other than the office hours...
• § 28-376 Employment Of Personnel; Definition
  A. The director may obtain criminal history record information regarding applicants for employment for the purpose of hiring personnel. Before making a final offer...

Article 4 Agreements

• § 28-401 Intergovernmental Agreements
  A. The department may contract under title 11, chapter 7, article 3 with a state public agency in this state or any other state...
• § 28-402 Intergovernmental Agreements; Ports Of Entry
  A. The department may enter into intergovernmental agreements with adjoining states pursuant to title 11, chapter 7, article 3 for the purpose of operating...
• § 28-403 Interstate Agreements; Commercial Vehicle Registration
  The director may enter into agreements with other states on behalf of this state relating to registration of commercial vehicles in the manner provided...
• § 28-404 Interstate Agreements; Fee And Tax Exemptions
  The director may enter into agreements with other states on behalf of this state relating to the partial or total exemption from payment of...
• § 28-405 Contract; Civil Penalty Collection
  A court or political subdivision of this state may contract with the department to collect unpaid civil penalties under terms and conditions prescribed in...
• § 28-406 Interstate Agreements; Dealer Or Manufacturer Plates
  The director may enter into agreements with other states on behalf of this state relating to reciprocity in the use of dealer or manufacturer...
• § 28-407 Agreements With Other Jurisdictions; Parking Privileges
  A. The director may enter into agreements with other jurisdictions, including foreign jurisdictions, on behalf of this state that extend parking privileges to residents...
• § 28-408 Agreements With Nonpublic Entities
  The director shall enter into agreements by direct contract with nonpublic entities for services or shall jointly exercise any powers common to the contracting...
• § 28-409 Agreements With Public And Private Entities; Fund
  A. The director shall: 1. Subject to the limitations of section 41-2544, enter into agreements by direct contract with public and private entities or...
• § 28-410 Computer Software Agreements
  A. The director may enter into agreements on behalf of this state with private entities for the distribution, licensing, leasing or sale of computer...
• § 28-411 Prompt Payment; Progress Payment; Consultants And Contractors; Subconsultants And Subcontractors; Design Professional
  A. The department shall make progress payments pursuant to the terms of an agreement with a consultant or contractor on the basis of an...
• § 28-412 Agreements With Other Jurisdictions; Exchange Of Records And Reciprocal Action For Toll Enforcement
  The director may enter into agreements with other jurisdictions on behalf of this state relating to the following: 1. The exchange of motor vehicle...
• § 28-413 Reciprocal Driver License Agreement; Foreign Countries
  A. The department may waive the requirements for a written examination and the driving examination required pursuant to section 28-3164 for an operator of...

Article 5 Records

• § 28-440 Definitions
  In this article, unless the context otherwise requires: 1. " Bulk records" means multiple records that are retrieved collectively from the department's database as...
• § 28-441 Duplication Of Records
  A. The director may cause any records kept by the department to be duplicated. B. Except as otherwise provided by law, duplicates are admissible...
• § 28-442 Records; Evidence
  A certified duplicate is deemed an original for all purposes and is admissible in evidence without further foundation in all courts or administrative agencies.
• § 28-443 Records; Management; Destruction
  A. The director shall establish and maintain an active, continuing program for the economical and efficient management of the department's records pursuant to section...
• § 28-444 Computer Storage; Evidence
  A. The director may cause the information contained on an original or duplicate made pursuant to this article to be placed on computer storage...
• § 28-445 Seal; Authentication Of Records
  A. The director shall adopt a seal of office to use to authenticate records and copies of records that are required to be made...
• § 28-446 Fees For Copies; Exemptions
  A. The department may furnish information from the records that are required to be kept by this title or may furnish copies from the...
• § 28-447 Public Records
  A. An application for a license, permit, title or registration made to the department and a document required by law or by the department...
• § 28-448 Notice Of Address Or Name Change; Address Update; Civil Traffic Violation
  A. If a person's name or address changes after the person applies for or receives a driver license or nonoperating identification license or after...
• § 28-449 Information Requests For Public Records
  A. The director may designate as custodian of the department's public records as many employees of the department as the director deems necessary. B....
• § 28-451 Maintaining Records
  A. If pursuant to this title an application or record is required to be filed, an index is required to be maintained or a...
• § 28-453 Electronic Transfer Of Information
  The department may accept electronic communication, transfer or receipt of any abstract, affidavit, application information, copy, form, order, report, record or other information prescribed...
• § 28-454 Records Maintained By Department Of Transportation; Redaction; Definitions
  A. Notwithstanding sections 28-447 and 28-455, an eligible person may request that persons be prohibited from accessing the eligible person's residential address and telephone...
• § 28-455 Release Of Personal Information; Fees
  A. In accordance with section 28-458 and the driver's privacy protection act of 1994 (18 United States Code sections 2721 through 2725) and notwithstanding...
• § 28-456 Subsequent Sale Or Disclosure Of Record Information By Authorized Recipient
  A. Except as provided in subsections B and C of this section, an authorized recipient of personal information may resell or redisclose the information...
• § 28-457 Unlawful Acts; Classification; Civil Actions
  A. The department, including department employees, shall not knowingly obtain or disclose personal information or highly restricted personal information except as authorized by law....
• § 28-458 Motor Vehicle Records Release; Department Review Panel
  The director shall select a department review panel to do all of the following: 1. Meet as necessary to review applications for the release...

Article 6 Unblended Gasoline Shortages

• § 28-481 Definitions
  In this article, unless the context otherwise requires: 1. " Assignment" means an action taken by the department designating prime suppliers of motor gasoline...
• § 28-482 Department Survey
  From October 1 through March 31 of each year, the department shall conduct a monthly survey of motor vehicle fuel refiners, suppliers, terminal operators...
• § 28-483 Determination Of Shortage; Declaration
  A. Within one month before the period of time when oxygenated fuel is required to be sold in a carbon monoxide vehicle emissions control...
• § 28-484 State Set‑aside Volume
  A. On declaration of a shortage, the department shall notify each prime supplier of its monthly set-aside percentage. The percentage shall not exceed five...
• § 28-485 Assignment Of Set‑aside
  A. If a shortage has been declared the department may order, at any time during the month, the assignment of all or part of...
• § 28-486 Liaison Designation
  Each prime supplier shall designate a liaison to act for and on behalf of the prime supplier with respect to the set-aside program.
• § 28-487 Limitation Of Supply Requirement
  This article does not require a prime supplier to supply unblended gasoline with volatility or distillation characteristics that are not representative of normal commercial
• § 28-488 Price
  A prime supplier shall not charge a premium on set-aside volumes except to recover documented extra costs to deliver the set-aside fuel.
• § 28-489 Application
  A. An applicant for a set-aside assignment shall be a blender seeking an assignment from the state set-aside program to meet an unblended gasoline...
• § 28-490 Appeal
  A. If an application for a set-aside allocation is denied or reduced, the applicant may request a review of its application by the director....

Article 7 Transportation Planning

• § 28-501 Definition Of Division
  In this article, unless the context otherwise requires, " division" means the transportation planning division established by section 28-332, subsection C.
• § 28-502 Transportation Planning; Uniform Practices; Requirements
  A. Transportation planning in this state shall be undertaken in accordance with this article and any applicable federal laws. B. The division shall develop...
• § 28-503 Performance Based Planning And Programming
  A. The division shall develop for submission to the board performance based planning and programming processes for use by the department. B. The division...
• § 28-504 Transportation System Performance Measures; Data Collection And Reporting; Methodologies
  A. The division shall develop for presentation to the board standardized transportation system performance measures. In addition, the division shall identify the appropriate units...
• § 28-505 Transportation System Performance Factors; Weights
  A. The division shall develop for presentation to the board standard transportation system performance factors that at least include all of the following variables:...
• § 28-506 Long‑range Statewide Transportation Plan; Division Duties
  A. The division shall prepare for presentation to the board a long-range statewide transportation plan. The division shall develop the plan under the board's...
• § 28-507 Transportation System Database
  A. In cooperation with local, regional and tribal agencies, the division shall develop and maintain a geographically oriented database of the existing and planned...

Chapter 3 TRAFFIC AND VEHICLE REGULATION
Article 1 Definitions and Powers of Governor

• § 28-601 Definitions
  In this chapter, unless the context otherwise requires: 1. " Commercial motor vehicle" means a motor vehicle or combination of vehicles that is designed,...
• § 28-602 Powers Of Governor; Federal Highway Safety Act
  A. In addition to other duties and responsibilities conferred on the governor by the constitution and laws of this state, the governor may contract...

Article 2 Obedience to and Effect of Traffic Laws

• § 28-621 Applicability To Vehicles On Highways; Exceptions
  The provisions of this chapter and chapter 5 of this title relating to the operation of vehicles refer exclusively to the operation of vehicles...
• § 28-622 Failure To Comply With Police Officer; Classification
  A. A person shall not wilfully fail or refuse to comply with any lawful order or direction of a police officer invested by law...
• § 28-622.01 Unlawful Flight From Pursuing Law Enforcement Vehicle; Classification; Vehicle Marking Required
  A driver of a motor vehicle who wilfully flees or attempts to elude a pursuing official law enforcement vehicle that is being operated in...
• § 28-623 Obedience By Public Officers And Employees; Exceptions
  A. Except as provided in this section and subject to specific exceptions prescribed in this chapter and chapters 4 and 5 of this title...
• § 28-624 Authorized Emergency Vehicles
  A. If an authorized emergency vehicle is driven in response to an emergency call, in pursuit of an actual or suspected violator of law...
• § 28-625 Persons Riding Animals Or Driving Animal Drawn Vehicles
  A person riding an animal or driving an animal drawn vehicle on a roadway has all of the rights and is subject to all...
• § 28-626 Uniform Application Of Laws Throughout State; Local Ordinances Or Regulations
  A. The provisions of this chapter and chapters 4 and 5 of this title are applicable and uniform throughout this state and in all...
• § 28-627 Powers Of Local Authorities
  A. This chapter and chapters 4 and 5 of this title do not prohibit a local authority, with respect to streets and highways under...
• § 28-628 Rights Of Real Property Owners
  This chapter does not prevent the owner of real property that is used by the public for purposes of vehicular travel by permission of...

Article 3 Traffic Signs, Signals and Markings

• § 28-641 Traffic Control Device Manual And Specifications
  The director shall adopt a manual and specifications for a uniform system of traffic control devices for use on highways in this state. The...
• § 28-642 Traffic Control Signs On State Highways; Rules
  A. The director shall place and maintain traffic control devices that conform to the manual and specifications prescribed in section 28-641 on all state...
• § 28-643 Local Traffic Control Devices
  Local authorities in their respective jurisdictions shall place and maintain the traffic control devices on highways under their jurisdiction as they deem necessary to...
• § 28-644 Obedience To And Required Traffic Control Devices
  A. Unless otherwise directed by a traffic or police officer and subject to the exemptions granted the driver of an authorized emergency vehicle in...
• § 28-645 Traffic Control Signal Legend
  A. If traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time or in...
• § 28-646 Pedestrian Control Signals; Loitering Prohibited
  A. If special pedestrian control signals exhibiting the words " walk" or " don't walk" or a symbol of a walking person that symbolizes...
• § 28-647 Flashing Signals
  If an illuminated flashing red or yellow signal is used in a traffic sign or signal it requires obedience by vehicular traffic as follows:...
• § 28-648 Display Of Unauthorized Signs, Signals Or Markings
  A. A person shall not place, maintain or display on or in view of a highway an unauthorized sign, signal, marking or device that...
• § 28-649 Interference With Official Traffic Control Device Or Railroad Sign Or Signal; Possession Of Traffic Preemption Emitter; Classification; Definition
  A. A person shall not attempt without lawful authority to or in fact alter, deface, injure, knock down or remove an official traffic control...
• § 28-650 Warning Devices At Construction Sites
  A person, contractor or political subdivision performing work on roads, streets or highways shall post and maintain warning signs, signals, markers and barricades that...
• § 28-651 Use Of Private Property To Avoid Traffic Control Device Prohibited
  A person shall not drive on or through any private property, road or driveway to avoid obedience to traffic rules or traffic control devices.
• § 28-652 State Highway Work Zones; Definition
  A. The director shall adopt standards and specifications for the use of traffic control devices and for work zone safety and mobility in state...
• § 28-653 Flagger Training And Certification; Exception
  A. Any individual who is stationed in a state highway work zone to provide temporary traffic control shall have completed training and be certified...

Article 4 Accidents

• § 28-661 Accidents Involving Death Or Physical Injuries; Failure To Stop; Classification; Driver License Revocation; Restricted Privilege To Drive; Alcohol Or Other Drug Screening
  A. The driver of a vehicle involved in an accident resulting in injury to or death of a person shall: 1. Immediately stop the...
• § 28-662 Accidents Involving Damage To Vehicle; Failure To Stop; Classification; Driver License Suspension; Alcohol Or Other Drug Screening
  A. The driver of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a...
• § 28-663 Duty To Give Information And Assistance; Classification; Alcohol Or Other Drug Screening
  A. The driver of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle...
• § 28-664 Duty On Striking Unattended Vehicle; Classification
  A. The driver of a vehicle that collides with a vehicle that is unattended shall immediately: 1. Stop. 2. Either: (a) Locate and notify...
• § 28-665 Striking Fixtures On A Highway; Classification
  A. The driver of a vehicle involved in an accident resulting only in damage to fixtures or other property legally on or adjacent to...
• § 28-666 Notice Of Accident
  The driver of a vehicle involved in an accident resulting in injury to or death of a person shall give notice of the accident...
• § 28-667 Written Accident Report; Definition
  A. A law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident resulting in bodily injury,...
• § 28-668 Accidents Involving Death To Drivers; Testing Alcohol Concentration
  A. A peace officer who investigates an accident that involves the death of one or more drivers shall promptly notify the county medical examiner...
• § 28-669 Accident Report Forms
  A. The department shall prepare and on request supply to police departments, sheriffs and other suitable agencies forms for accident reports required under this...
• § 28-670 Accident Report Analysis
  The department: 1. Shall tabulate all accident reports. 2. May analyze all accident reports. 3. Shall publish annually or at more frequent intervals statistical...
• § 28-671 Accident Reports Required By City Or Town
  Any incorporated city or town, by ordinance, may require the driver of a vehicle involved in an accident to also file with a designated...
• § 28-672 Causing Serious Physical Injury Or Death By A Moving Violation; Time Limitation; Penalties; Classification; Definition
  A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the...
• § 28-673 Traffic Accidents; Implied Consent; Tests
  A. A person who operates a motor vehicle within this state gives consent to a test or tests of the person's blood, breath, urine...
• § 28-674 Traffic Accidents; Quick Clearance
  A. Notwithstanding any other provision of this article, motor vehicles involved in traffic accidents and drivers of motor vehicles involved in traffic accidents are...
• § 28-675 Causing Death By Use Of A Vehicle; Classification
  A. A person is guilty of causing death by use of a vehicle if all of the following apply: 1. The person is not...
• § 28-676 Causing Serious Physical Injury By Use Of A Vehicle; Classification
  A. A person is guilty of causing serious physical injury by use of a vehicle if all of the following apply: 1. The person...
• § 28-677 Declaration Of Statewide Concern; Prohibition Of Emergency Response Services Fees; Exceptions
  A. The legislature finds that the regulation of emergency response services fees for motor vehicle accidents or other incidents involving motor vehicles or investigations,...

Article 5 Reckless and Aggressive Driving

• § 28-693 Reckless Driving; Classification; License; Surrender
  A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving. B. A...
• § 28-695 Aggressive Driving; Violation; Classification; Definition
  A. A person commits aggressive driving if both of the following occur: 1. During a course of conduct the person commits a violation of...

Article 6 Speed Restrictions

• § 28-701 Reasonable And Prudent Speed; Prima Facie Evidence; Exceptions
  A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions...
• § 28-701.02 Excessive Speeds; Classification
  A. A person shall not: 1. Exceed thirty-five miles per hour approaching a school crossing. 2. Exceed the posted speed limit in a business...
• § 28-702 State Highway Speed Limits
  A. If the director determines on the basis of an engineering and traffic investigation that any maximum speed limit is greater or less than...
• § 28-702.01 Urbanized Areas; Waste Of A Finite Resource; Civil Penalties
  A. If the maximum speed limit on a public highway in this state is fifty-five miles per hour, a person shall not drive a...
• § 28-702.03 Maximum Speed Limit Violation On Interstate Highway System In Another State; Effect
  If a resident of this state is convicted of violating the maximum speed limit of fifty-five miles per hour on the interstate system highways...
• § 28-702.04 Maximum Speed Limit On Interstate Highways Outside Urbanized Areas; Definition
  A. The speed limit for all types of motor vehicles is sixty-five miles per hour on the interstate system highways located outside of an...
• § 28-703 Alteration Of Speed Limits By Local Authority
  A. If a local authority determines on the basis of an engineering and traffic investigation that the maximum speed permitted under this article is...
• § 28-703.01 End Of Speed Zone; Signs Required
  The agency or authority establishing a speed zone under section 28-702 or 28-703 is responsible for erecting: 1. At the beginning of each zone...
• § 28-703.02 Establishing Speed On Multiple Lane Highways
  On multiple lane highways with two or more separate roadways, different prima facie speed limits may be established for different roadways under any of...
• § 28-704 Minimum Speed Limits; Requirement To Turn Off Roadway
  A. A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement...
• § 28-705 Special Speed Limitation; Motor Driven Cycles
  A person shall not operate a motor driven cycle at any time provided in section 28-922 at a speed of more than thirty-five miles...
• § 28-706 Special Speed Limitations
  A. A person shall not drive a vehicle equipped with solid rubber or cushion tires at a speed of more than ten miles per...
• § 28-707 Charging Speed Violation; Burden Of Proof; Findings
  A. In a charge of violating a speed restriction in this article, the complaint and the summons or notice to appear shall specify the...
• § 28-708 Racing On Highways; Classification; Exception; Definitions
  A. A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration...
• § 28-709 Maximum Speed Limit For Large Vehicles And Vehicles With Trailers
  A. Unless a lower maximum speed limit is posted or the department designates a greater maximum speed limit pursuant to subsection B of this...
• § 28-710 State Highway Work Zone Safety; Civil Penalty; Fund
  A. In a state highway work zone as defined in section 28-652 that is designated as a state highway work zone by traffic control...

Article 7 Driving on Right Side of Roadway, Overtaking and Passing

• § 28-721 Driving On Right Side Of Roadway; Driving On Shoulder; Exceptions
  A. On all roadways of sufficient width, a person shall drive a vehicle on the right half of the roadway except as follows: 1....
• § 28-722 Passing Vehicles Proceeding In Opposite Directions
  Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and on roadways having width for not more than one...
• § 28-723 Overtaking A Vehicle On The Left
  The following rules govern the overtaking and passing of vehicles proceeding in the same direction: 1. The driver of a vehicle overtaking another vehicle...
• § 28-724 Overtaking On The Right
  A. The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions: 1. When the...
• § 28-725 Limitations On Overtaking On The Left
  A person shall not drive a vehicle to the left side of the center of the roadway in overtaking and passing another vehicle proceeding...
• § 28-726 Limitations On Driving To Left Of Roadway Center
  A. A person shall not drive a vehicle to the left side of the roadway under the following conditions: 1. When approaching the crest...
• § 28-727 No Passing Zones
  The director may determine those portions of a highway where overtaking and passing or driving to the left of the roadway would be especially...
• § 28-728 One‑way Roadways And Rotary Traffic Islands
  A. The director may designate any highway or any separate roadway under the director's jurisdiction for one-way traffic and shall erect appropriate signs giving...
• § 28-729 Driving On Roadways Laned For Traffic
  If a roadway is divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent with...
• § 28-730 Following Too Closely
  A. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent and shall have due regard...
• § 28-731 Driving On Divided Highways
  If a highway is divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section constructed...
• § 28-732 Restricted Access
  A person shall not drive a vehicle onto or from a controlled access roadway except at entrances and exits established by public authority.
• § 28-733 Restrictions On Use Of Controlled Access Highway
  A. The director may, and local authorities by ordinance may, prohibit the use of any part of a controlled access highway under their respective...
• § 28-734 Driving Through Safety Zone
  A person shall not drive a vehicle through or within a safety zone.
• § 28-735 Overtaking Bicycles; Civil Penalties
  A. When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving...
• § 28-736 Use Of Highway Lanes; Restrictions
  A. If the department or a local authority determines on the basis of an engineering and traffic investigation of a highway under its jurisdiction...
• § 28-737 High Occupancy Vehicle Lanes; Civil Penalty; Definition
  A. Except as provided in sections 28-2416 and 28-2416.01 and subsections B, C and D of this section, a person shall not drive a...

Article 8 Turning, Starting and Signals on Stopping and Turning

• § 28-751 Required Position And Method Of Turning
  The driver of a vehicle intending to turn shall do so as follows: 1. Right turns. Both the approach for a right turn and...
• § 28-752 Limitations On Turning Around
  A person shall not turn a vehicle to proceed in the opposite direction on a curve or on the approach to or near the...
• § 28-753 Starting Parked Vehicle
  A person shall not start a vehicle that is stopped, standing or parked unless the movement can be made with reasonable safety.
• § 28-754 Turning Movements And Required Signals
  A. A person shall not turn a vehicle at an intersection unless the vehicle is in proper position on the roadway as required in...
• § 28-755 Hand Or Arm Signals Or Signal Device
  A person shall give a stop or turn signal if required by this article by means of the hand and arm or by a...
• § 28-756 Method Of Giving Hand And Arm Signals
  A. Except as provided by subsection B, a person shall give all hand and arm signals required by this article from the left side...

Article 9 Right-of-Way

• § 28-771 Vehicle At Intersection; Exception; Entering Freeway
  A. When two vehicles enter or approach an intersection from different streets or highways at approximately the same time, the driver of the vehicle...
• § 28-772 Vehicle Turning Left At Intersection
  The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a vehicle that is approaching...
• § 28-773 Intersection Entrance
  The driver of a vehicle shall stop in obedience to a stop sign as required by section 28-855 and then proceed with caution yielding...
• § 28-774 Highway Access From Private Road Or Driveway
  The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all...
• § 28-775 Authorized Emergency Vehicles; Approaching; Following Fire Apparatus; Passing Stationary Vehicles; Defensive Driving Schools; Driver License Examinations
  A. Except when otherwise directed by a police officer, on the immediate approach of an authorized emergency vehicle that is equipped with at least...
• § 28-776 Funeral Or Military Procession Right‑of‑way; Funeral Or Military Escort Vehicles; Certification; Fee; Definitions
  A. Pedestrians and the operators of all vehicles, except emergency vehicles, shall yield the right-of-way to each vehicle that is a part of a...
• § 28-777 Golf Carts And Neighborhood Electric Vehicles; Vehicles Turning Right
  A person driving a golf cart or a neighborhood electric vehicle pursuant to section 28-721, subsection C shall yield the right-of-way to a vehicle...

Article 10 Pedestrian Rights and Duties

• § 28-791 Pedestrians Subject To Traffic Rules
  A. Pedestrians are subject to traffic control signals at intersections as provided in section 28-645 unless required by local ordinance to comply strictly with...
• § 28-792 Right‑of‑way At Crosswalk
  A. Except as provided in section 28-793, subsection B, if traffic control signals are not in place or are not in operation, the driver...
• § 28-793 Crossing At Other Than Crosswalk
  A. A pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall...
• § 28-794 Drivers To Exercise Due Care
  Notwithstanding the provisions of this chapter every driver of a vehicle shall: 1. Exercise due care to avoid colliding with any pedestrian on any...
• § 28-795 Pedestrians To Use Right Half Of Crosswalk
  Pedestrians shall move expeditiously, when practicable, on the right half of crosswalks.
• § 28-796 Pedestrian On Roadways
  A. If sidewalks are provided, a pedestrian shall not walk along and on an adjacent roadway. B. If sidewalks are not provided, a pedestrian...
• § 28-797 School Crossings; Civil Penalty; Assessment; Definition
  A. The director with respect to state highways, the county board of supervisors with respect to county highways or the governing body of a...

Article 11 Operation of Bicycles

• § 28-811 Parent And Guardian Responsibility; Applicability Of Article
  A. The parent of a child and the guardian of a ward shall not authorize or knowingly permit the child or ward to violate...
• § 28-812 Applicability Of Traffic Laws To Bicycle Riders
  A person riding a bicycle on a roadway or on a shoulder adjoining a roadway is granted all of the rights and is subject...
• § 28-813 Riding On Bicycles
  A. A person propelling a bicycle shall not ride other than on or astride a permanent and regular seat attached to the bicycle. B....
• § 28-814 Clinging To Vehicle
  A person riding on a bicycle, coaster, sled or toy vehicle or on roller skates shall not attach the bicycle, coaster, sled, toy vehicle...
• § 28-815 Riding On Roadway And Bicycle Path; Bicycle Path Usage
  A. A person riding a bicycle on a roadway at less than the normal speed of traffic at the time and place and under...
• § 28-816 Carrying Article On Bicycle
  A person shall not carry a package, bundle or article while operating a bicycle if the package, bundle or article prevents the driver from...
• § 28-817 Bicycle Equipment
  A. A bicycle that is used at nighttime shall have a lamp on the front that emits a white light visible from a distance...
• § 28-818 Bicycle Safety Fund
  A. A bicycle safety fund is established. The department shall administer the fund. The fund consists of monies received from: 1. The federal government...

Article 12 Special Stops Required

• § 28-851 Railroad Crossing; Safety
  A. Except as provided in subsection B of this section, when a person driving a vehicle approaches a railroad grade crossing, the driver of...
• § 28-852 Dangerous Railroad Grade Crossing
  The director, and local authorities with the approval of the director, may designate particularly dangerous highway grade crossings of railroads and may erect stop...
• § 28-853 Railroad Grade Crossing; Stop Required Of Certain Vehicles; Other Requirements
  A. Except as otherwise provided in this article, before crossing at grade any track or tracks of a railroad, the driver of a motor...
• § 28-854 Railroad Grade Crossing; Moving Heavy Equipment; Exception; Definition
  A. A person shall not operate or move any heavy equipment on or across a track at a railroad grade crossing unless: 1. Notice...
• § 28-855 Stop Signs; Yield Signs
  A. The director, with reference to state highways, and local authorities, with reference to other highways under their jurisdiction, may designate through highways and...
• § 28-856 Emerging From Alley, Driveway Or Building
  The driver of a vehicle emerging from an alley, driveway or building within a business or residence district shall: 1. Stop the vehicle immediately...
• § 28-857 School Bus Signs; Overtaking And Passing School Bus; Violation; Driver License Suspension; Civil Penalty
  A. On meeting or overtaking from either direction a school bus that has stopped on the highway, the driver of a vehicle on a...
• § 28-857.01 Overtaking And Passing School Bus; Report By School Bus Operator; Notification Letter
  A. The operator of a school bus who observes a violation of section 28-857, subsection A may prepare a signed written report that indicates...
• § 28-858 Approaching Horses And Livestock
  A person operating a motor vehicle on a public highway and approaching a horse-drawn vehicle, a horse on which a person is riding or...

Article 13 Stopping, Standing or Parking

• § 28-871 Stopping, Standing Or Parking Outside Business Or Residence District
  A. On a highway outside of a business or residence district, a person shall not stop, park or leave standing a vehicle, whether attended...
• § 28-872 Removal Of Vehicles; Notice; Liability For Costs; Hearing
  A. If a police officer finds a vehicle standing on a highway in violation of section 28-871 the officer may move the vehicle or...
• § 28-873 Stopping, Standing Or Parking Prohibitions; Exceptions; Definition
  A. Except if necessary to avoid conflict with other traffic or if in compliance with law or the directions of a police officer or...
• § 28-874 Additional Parking Rules
  A. Except as otherwise provided in this section, a person who stops or parks a vehicle on a roadway where there are adjacent curbs...
• § 28-875 Law Enforcement Exception
  The stopping, standing or parking restrictions provided in this article do not apply to a police or peace officer when the stopping, standing or...
• § 28-876 Parking Spaces For Electric Vehicles; Civil Penalty
  A. A person shall not stop, stand or park a motor vehicle within any parking space specially designated for parking and fueling motor vehicles...
• § 28-877 Alternative Fuel Vehicles; Parking In Carpool Parking Spaces
  A person who is driving a vehicle powered by an alternative fuel may park without penalty in parking areas that are designated for carpool...

Article 14 Parking for Persons with Physical Disabilities

• § 28-881 Parking Restrictions; Applicability
  This article does not apply: 1. To zones where stopping, standing or parking is prohibited to all vehicles as provided in sections 28-871, 28-873...
• § 28-882 Parking Spaces For Persons With Physical Disabilities
  A. Each state agency having jurisdiction over street parking or publicly owned and operated parking facilities shall provide specially designated and marked motor vehicle...
• § 28-883 Agreements With Other Jurisdictions; Reciprocity
  A. The director may enter into agreements with other jurisdictions, including foreign jurisdictions, on behalf of this state: 1. Relating to the extension to...
• § 28-884 Parking Space For Persons With Physical Disabilities; Prohibition
  A. Except as provided in subsection B, a person shall not stop, stand or park a motor vehicle within any specially designated and marked...
• § 28-885 Civil Traffic Violation; Civil Penalty; Recall Of Placards And Plates
  A. If a law enforcement officer or a parking enforcement specialist employed by a local authority finds a motor vehicle in violation of this...
• § 28-886 Volunteer Program
  A local authority may establish a volunteer parking enforcement specialist program for parking for persons with physical disabilities. Under this program, the local authority...

Article 15 Miscellaneous Rules

• § 28-891 Backing Limitations
  A. The driver of a vehicle shall not back the vehicle unless the movement can be made with reasonable safety and without interfering with...
• § 28-892 Riding On Motorcycle Or All‑terrain Vehicle
  A. A person operating a motorcycle or all-terrain vehicle shall ride only on the permanent and regular seat attached to the motorcycle or all-terrain...
• § 28-893 Obstruction To View; Interference With Driving
  A. A person shall not drive a vehicle when the vehicle's load or passengers obstruct the driver's view to the front or sides of...
• § 28-894 Driving On Mountain Highways
  The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold the motor vehicle under control and as...
• § 28-895 Coasting Prohibited
  A. The driver of a motor vehicle traveling on a downgrade shall not coast with the gears of the vehicle in neutral. B. The...
• § 28-896 Towing Trailer; Lateral Sway
  A person shall not drive a vehicle towing a trailer or semitrailer at a rate of speed that causes the trailer or semitrailer to...
• § 28-897 Crossing Fire Hose
  A person shall not drive a vehicle over an unprotected hose of a fire department if the hose is laid down on a street...
• § 28-898 Objects On Roadway; Prohibition
  A. A person shall not throw or deposit on a roadway any glass bottle, glass, nails, tacks, wire, cans or other substance likely to...
• § 28-899 Barbed Wire; Damages
  A person who owns, leases, has charge of or possesses a barbed wire fence along a public highway: 1. Shall not permit or allow...
• § 28-900 School Bus Rules
  A. The department of public safety in consultation with the school bus advisory council established by section 28-3053 shall adopt rules as necessary to...
• § 28-901 Maximum Number In School Bus; Stops At School
  A. Except for the purpose of conducting drills under school rules and in the emergency evacuation or dispersal of pupils and school personnel, a...
• § 28-902 Repainting Government Vehicle
  If a motor vehicle that is painted yellow and that is owned or operated by this state, a county, city, town or political subdivision...
• § 28-903 Operation Of Motorcycle On Laned Roadway; Exceptions
  A. All motorcycles are entitled to the full use of a lane. A person shall not drive a motor vehicle in such a manner...
• § 28-904 Driving On Sidewalk
  A. A person shall not drive a vehicle on a sidewalk area except on a permanent or duly authorized temporary driveway. B. This section...
• § 28-905 Opening Vehicle Door
  A person shall not open a door on a motor vehicle unless it is reasonably safe to do so and can be done without...
• § 28-906 Mechanical Raising And Lowering Devices
  A person shall not raise or lower the height of a motor vehicle by mechanical means while the motor vehicle is moving on a...
• § 28-907 Child Restraint System; Civil Penalty; Exemptions; Notice; Child Restraint Fund; Definitions
  A. Except as provided in subsection H of this section, a person shall not operate a motor vehicle on the highways in this state...
• § 28-908 Persons In Wheelchairs Or On Electric Personal Assistive Mobility Devices
  A person operating a wheelchair or motorized wheelchair or an electric personal assistive mobility device has all of the rights and duties that are...
• § 28-909 Vehicle Restraints Required; Exceptions; Civil Penalty
  A. Each front seat occupant of a motor vehicle that is designed for carrying ten or fewer passengers, that is manufactured for the model...
• § 28-910 Liability For Emergency Responses In Flood Areas; Definitions
  A. A driver of a vehicle who drives the vehicle on a public street or highway that is temporarily covered by a rise in...
• § 28-911 Electric Personal Assistive Mobility Devices
  A person who is under sixteen years of age shall not operate an electric personal assistive mobility device.
• § 28-912 Vehicles Transporting Equine; Violation; Classification; Definitions
  A. A vehicle used to transport any equine to a slaughtering establishment may have no more than one level or tier in the compartment...

Article 16 Equipment

• § 28-921 Applicability Of Equipment Requirements
  A. A person shall not: 1. Drive or move and the owner shall not knowingly cause or permit to be driven or moved on...
• § 28-922 Lighted Lamps Required
  At any time from sunset to sunrise and at any other time when there is not sufficient light to render clearly discernible persons and...
• § 28-923 Visibility Distance; Mounted Height Of Lamps
  A. If a requirement is provided in this article as to the distance from which certain lamps and devices shall render objects visible or...
• § 28-924 Motor Vehicle Head Lamps
  A. A motor vehicle other than a motorcycle, an all-terrain vehicle or a motor driven cycle shall be equipped with at least two head...
• § 28-925 Tail Lamps
  A. A motor vehicle, trailer, semitrailer and pole trailer and any other vehicle that is being drawn at the end of a train of...
• § 28-926 New Motor Vehicles; Reflectors
  A. Except as provided in subsection B of this section, a new motor vehicle sold and operated on a highway, other than a truck...
• § 28-927 Stop Lamps
  A person shall not sell a new motor vehicle, including a motorcycle or motor driven cycle, in this state and shall not drive a...
• § 28-928 Applicability Of Lighting Laws
  The sections of this article, including sections 28-929 through 28-934, relating to clearance and marker lamps, reflectors and stoplights, apply as stated in those...
• § 28-929 Additional Lighting Equipment Required On Certain Vehicles
  In addition to other equipment required in this article, the following vehicles shall be equipped with the following equipment under the conditions stated in...
• § 28-930 School Bus Lighting Equipment; Standards And Specifications
  A. The director may adopt standards and specifications applicable to lighting equipment on and special warning devices to be carried by school buses consistent...
• § 28-931 Lamp Colors
  A. Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle...
• § 28-932 Reflector And Lamp Mountings
  A. Reflectors that are required by section 28-929 shall be mounted at a height of not less than twenty-four inches and not more than...
• § 28-933 Reflector And Lamp Visibility
  A. A reflector on a vehicle referred to in section 28-929 shall be of such size and characteristics and so maintained as to be...
• § 28-934 Obstructed Lights Not Required
  If motor and other vehicles are operated in combination when lights are required, any lamp, except tail lamps, need not be lighted if the...
• § 28-935 Lamp Or Flag On Projecting Load
  A. If the load on a vehicle extends to the rear four feet or more beyond the bed or body of the vehicle, two...
• § 28-936 Lamps On Parked Vehicles
  A. When a vehicle is lawfully parked on a street or highway during the hours between a half hour after sunset and a half...
• § 28-937 Lamps On Other Vehicles And Equipment
  All vehicles, including animal-drawn vehicles and vehicles that are referred to in section 28-921, subsection C and that are not specifically required by this...
• § 28-938 Spot And Auxiliary Lamps
  A motor vehicle may be equipped with any of the following: 1. Not more than one spot lamp that when lighted is aimed and...
• § 28-939 Signal Lamps And Devices
  A. A motor vehicle may be equipped and if required under this article shall be equipped with the following: 1. A stop lamp on...
• § 28-940 Additional Lighting Equipment
  A motor vehicle may be equipped with any of the following: 1. Not more than two side cowl or fender lamps that emit an...
• § 28-941 Multiple Beam Road Lighting Equipment Arrangement
  Except as otherwise provided in this article, the head lamps, the auxiliary driving lamp or the auxiliary passing lamp or combinations of the head...
• § 28-942 Multiple Beam Road Lighting Equipment Usage
  If a motor vehicle is operated on a roadway or shoulder adjacent to a roadway during the times provided in section 28-922, the driver...
• § 28-943 Single Beam Road Lighting Equipment
  Head lamps that are arranged to provide a single distribution of light are permitted on motor vehicles manufactured and sold before January 1, 1951,...
• § 28-944 Lighting Equipment On Motor Driven Cycles
  The head lamp or head lamps on a motor driven cycle may be of the single beam or multiple beam type and shall comply...
• § 28-945 Alternate Road Lighting Equipment
  A motor vehicle, except a commercial vehicle as defined in section 28-2231, may be operated under the conditions specified in section 28-922 when it...
• § 28-946 Number Of Driving Lamps Required Or Permitted
  A. At all times provided in section 28-922, at least two lighted lamps shall be displayed, one on each side at the front of...
• § 28-947 Special Restrictions On Lamps
  A. A person shall direct a lighted lamp or illuminating device on a motor vehicle, other than a head lamp, spot lamp, auxiliary lamp...
• § 28-948 Snow Removal Equipment Lamps
  A person shall not operate snow removal equipment on a highway unless the lamps on the equipment comply with and are lighted when and...
• § 28-949 Selling Or Using Lamps
  A. A person shall not have for sale, sell or offer for sale for use on or as a part of the equipment of...
• § 28-952 Required Brake Equipment
  A. The following brake equipment is required: 1. A motor vehicle, other than a motorcycle, all-terrain vehicle or motor driven cycle, if it is...
• § 28-953 Brakes On All‑terrain Vehicles And Motor Driven Cycles
  A. The director may: 1. Require an inspection of the brake on an all-terrain vehicle or a motor driven cycle. 2. Disapprove a brake...
• § 28-954 Horns And Warning Devices
  A. A motor vehicle when operated on a highway shall be equipped with a horn that is in good working order and that is...
• § 28-955 Mufflers; Noise And Air Pollution Prevention; Emissions Control Devices; Civil Penalty; Exception
  A. A motor vehicle shall be equipped at all times with a muffler that is in good working order and that is in constant...
• § 28-955.01 Motorcycles; Noise Level Equipment; Unauthorized Equipment
  A. A person shall not operate or as an owner permit the operation of a motorcycle in this state that is not equipped with...
• § 28-955.02 Motorcycle Noise Level Rules
  A. The department shall establish by rule maximum operating noise levels for motorcycles operated in this state. B. The rules shall: 1. Provide for...
• § 28-955.03 Exemption For Racing Motorcycles; Definition
  A. Sections 28-955.01 and 28-955.02 do not apply to a racing motorcycle operated in a racing event or in a facility used for a...
• § 28-955.04 Exhaust System; Visual Inspection; Requirements; Civil Penalty
  A. A commercial motor vehicle that operates in this state shall have an exhaust system that is detectable by a visual inspection and that...
• § 28-956 Mirrors
  A motor vehicle that is constructed or loaded in a manner that obstructs the driver's view to the rear of the vehicle from the...
• § 28-957 Windshield Wipers Required; Golf Cart Exception
  A. The windshield on a motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield. The...
• § 28-957.01 Windshields Required
  A. The following vehicles shall be equipped with an adequate windshield: 1. A passenger vehicle, except a motorcycle, an all-terrain vehicle and a golf...
• § 28-958 Tire Equipment Restrictions
  A. A solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge...
• § 28-958.01 Rear Fender Splash Guards
  A. A person shall not operate a truck, trailer, semitrailer or bus on a highway unless the vehicle is equipped with rear fender splash...
• § 28-959 Safety Glass Required; Applicability; Denial Or Suspension Of Registration; Definition
  A. A person shall not sell and the department shall not register a new motor vehicle as specified in this section unless the vehicle...
• § 28-959.01 Materials On Windows Or Windshield; Exceptions; Requirements; Violation; Definitions
  A. This section does not apply to: 1. Front side wing vents and windows that have a substance or material in conjunction with glazing...
• § 28-960 Flares; Warning Devices; Requirements
  A. Except as provided in subsection B, a person shall not operate a motor truck, passenger bus or truck tractor on a highway outside...
• § 28-961 Display Of Warning Devices; Disabled Vehicle
  A. Except as provided in subsection B of this section, if a motor truck, passenger bus, truck tractor, trailer, semitrailer or pole trailer is...
• § 28-962 Vehicles Transporting Explosives; Rules
  A. A person operating a vehicle transporting an explosive on a highway shall comply at all times with the following provisions: 1. The vehicle...
• § 28-963 Image Display Device; Prohibition; Exceptions; Definition
  A. A person shall not view a broadcast television image or a visual image from an image display device while that person is driving...
• § 28-964 Motorcycles; All‑terrain Vehicles; Motor Driven Cycles; Equipment; Exception
  A. An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at...
• § 28-965 Fuel Tank Caps
  A person shall not operate a motor vehicle on a highway unless the filling spout for the fuel tank is properly closed by means...
• § 28-966 Neighborhood Electric Vehicles; Motorized Quadricycles; Speed; Restrictions
  A. A neighborhood electric vehicle shall not be operated at a speed of more than twenty-five miles per hour. A motorized quadricycle shall not...

Article 17 Inspection of Vehicles

• § 28-981 Vehicle Equipment; Safety Requirement
  A. A person shall not drive or move on a highway a motor vehicle, tow truck, trailer, semitrailer or pole trailer or any combination...
• § 28-982 Vehicle And Equipment Inspection; Notice Of Repair Or Adjustment
  A. If at any time there is reasonable cause to believe that a vehicle is unsafe or is not equipped as required by law...
• § 28-983 Compliance With Inspection Laws; Operation Prohibited
  A. A person driving a vehicle shall not refuse to submit the vehicle to an inspection and test if required to do so by...
• § 28-984 School Bus Inspection; Rules
  A. At least annually: 1. Each school bus registered in this state shall be inspected according to rules adopted pursuant to section 28-900. 2....

Article 18 Vehicle Size, Weight and Load

• § 28-1091 Violation; Scope And Effect
  A. A person shall not drive or move and the owner of a vehicle shall not knowingly cause or permit to be driven or...
• § 28-1092 Reasonable Access; Definitions
  A. The department shall provide reasonable access to vehicles of legal size to and from terminals and service facilities within one road mile of...
• § 28-1093 Vehicle Width; Exceptions
  A. Except as otherwise provided in subsections B and C of this section and section 28-627, the total outside width of a vehicle or...
• § 28-1094 Vehicle Height; Exceptions; Special Permits
  A. Without a permit issued under section 28-1103 or this section, a vehicle unladen or with a load shall not exceed a height of...
• § 28-1095 Vehicle Length; Exceptions; Permits; Rules; Definitions
  A. A vehicle, including any load on the vehicle, shall not exceed a length of forty feet extreme overall dimension, including front and rear...
• § 28-1096 Projecting Loads On Passenger Vehicles
  A passenger type vehicle shall not be operated on a highway with a load carried on the vehicle if the load extends beyond the...
• § 28-1097 Maximum Load Extensions; Length Limitations For Pole Trailers
  A. Notwithstanding the provisions of section 28-1095 that limit the length of vehicles and loads: 1. The load on a vehicle operated alone or...
• § 28-1098 Vehicle Loads; Restrictions; Civil Penalties
  A. For the purpose of highway safety or air pollution prevention, a person shall not drive or move a vehicle on a highway unless...
• § 28-1099 Single Axle Load Limit; Exception
  A. The gross weight imposed on the highway by the wheels of any one axle of a vehicle shall not exceed twenty thousand pounds,...
• § 28-1100 Vehicles And Loads; Gross Weight Restrictions; Exceptions
  A. Except as provided in subsection H of this section, a person may operate a vehicle on all highways, including a toll facility as...
• § 28-1101 Weight Violations; Civil Penalty; Classification; Procedures; Evidence
  A. A person who violates section 28-1099 or 28-1100 is: 1. Subject to a civil penalty either: (a) As prescribed in subsection B of...
• § 28-1102 Weighing Of Vehicles And Loads; Violation; Classification; Civil Penalty
  A. A police or peace officer having reason to believe that the weight of a vehicle and load does not conform to this article...
• § 28-1103 Excess Size And Weight Special Permits; Definition
  A. Subject to section 28-1104, subsection E, on application in writing and for good cause, the director with respect to highways under the jurisdiction...
• § 28-1104 Issuance Of Special Permits; Rules
  A. The application for a special permit prescribed in section 28-1103 shall specifically describe the vehicle or vehicles and load to be operated or...
• § 28-1105 Special Permit Fees
  A. Except as otherwise provided by law, the following fees are required: 1. Fifteen dollars for each special permit issued pursuant to section 28-1103...
• § 28-1106 Restriction On Highway Usage
  A. By ordinance or resolution and for a total period of not more than ninety days in any one calendar year, a local authority...
• § 28-1107 Liability; Highway Or Structure Damage
  A. A person driving a vehicle, object or contrivance on a highway or highway structure is liable for all damage that the highway or...
• § 28-1110 Escort Vehicle Operation; Training And Certification; Insurance; Exemption
  A. Except as otherwise provided in this section, any individual operating an escort vehicle that is escorting a vehicle required to be permitted pursuant...
• § 28-1111 Commercial And Noncommercial Vehicles And Trailers; Website Publications
  A. In cooperation with the department of public safety, the department of transportation shall develop easily understandable publications of the laws, rules and department...

Article 19 Envelope Permits

• § 28-1141 Definitions
  In this article, unless the context otherwise requires: 1. " Envelope" means the outermost dimensions of a load or vehicle to include width, height...
• § 28-1142 Application
  A. A person shall not operate, move or leave standing on a highway of this state a vehicle that is carrying or transporting cargo...
• § 28-1143 Fees
  A. The department shall collect the following fees: 1. One hundred fifty dollars for each thirty day oversize only envelope permit. 2. Five hundred...
• § 28-1144 Issuing Envelope Permits; Restrictions; Requirements
  A. Except as provided in subsection D of this section, on approval of the application, the director may issue an envelope permit. The envelope...
• § 28-1145 Third Party Permit Issuance
  The director, in consultation with the overdimensional permit council established by section 28-1150, may authorize third parties pursuant to chapter 13, article 1 of...
• § 28-1146 Administration
  A. The director shall regulate all persons required by this article to have envelope permits. B. The director may: 1. Investigate and require the...
• § 28-1147 Revocation Or Suspension Of Envelope Permits And Privileges
  A. The director may suspend or revoke an envelope permit if the director determines that the person: 1. Made a material misrepresentation or misstatement...
• § 28-1148 Liability
  A user of an envelope permit accepts full responsibility and liability for use of the envelope permit and holds the state harmless for an...
• § 28-1149 Records; Inspection
  A. A permit holder shall maintain in this state for at least three years records and other data for all vehicles operated and cargo...
• § 28-1150 Overdimensional Permit Council
  A. An overdimensional permit council is established consisting of the following nine members who are appointed by the governor: 1. One member representing the...
• § 28-1151 Violation; Classification
  A person who operates, moves or leaves standing on a highway a vehicle or a vehicle carrying or transporting cargo in violation of an...

Article 20 Off-Highway Vehicles

• § 28-1171 Definitions
  In this article, unless the context otherwise requires: 1. " Access road" means a multiple use corridor that meets all of the following criteria:...
• § 28-1172 Applicability; Private And Indian Lands
  This article applies to all lands in this state except private land and Indian land.
• § 28-1173 Enforcement
  All peace officers of this state and counties or municipalities of this state and other duly authorized state employees may enforce this article.
• § 28-1174 Operation Restrictions; Violation; Classification
  A. A person shall not drive an off-highway vehicle: 1. With reckless disregard for the safety of persons or property. 2. Off of an...
• § 28-1175 Instruction Course; Fee
  A. The Arizona game and fish department shall conduct or approve an educational course of instruction in off-highway vehicle safety and environmental ethics. The...
• § 28-1176 Off‑highway Vehicle Recreation Fund; Annual Reports; Definition
  A. An off-highway vehicle recreation fund is established. The fund consists of: 1. Monies appropriated by the legislature. 2. Monies deposited pursuant to sections...
• § 28-1177 Off-Highway Vehicle User Fee; Indicia; Registration; State Trust Land Recreational Permit; Exception
  A. A person shall not operate an all-terrain vehicle or an off-highway vehicle in this state without an off-highway vehicle user indicia issued by...
• § 28-1178 Operation Of Off-Highway Vehicles; Exceptions
  A person may operate an all-terrain vehicle or an off-highway vehicle in this state without an off-highway vehicle user indicia issued pursuant to section...
• § 28-1179 Off-Highway Vehicle Equipment Requirements; Rule Making; Exception
  A. An off-highway vehicle in operation in this state shall be equipped with all of the following: 1. Brakes adequate to control the movement...
• § 28-1180 Race Or Organized Event; Authorization Required
  No person may organize, promote or hold an off-highway vehicle race or other organized event on any land or highway in this state, except...
• § 28-1181 Civil Traffic Violation
  Unless otherwise specified in this article, a violation of this article is a civil traffic violation.

Article 21 Photo Enforcement Systems

• § 28-1201 Definition Of Photo Enforcement System
  In this article, unless the context otherwise requires, " photo enforcement system" has the same meaning prescribed in section 28-601.
• § 28-1202 Exemption; First Responders
  A vehicle in use by a first responder in the line of duty is exempt from any enforcement action or measure resulting from a...
• § 28-1203 Photo Enforcement System Placement; Speed Limit Change
  A photo enforcement system shall not be placed on a street or highway within six hundred feet of a posted speed limit change except...
• § 28-1204 Photo Enforcement Zones; Signage; Standards; Citation Dismissal
  A. Except as provided in subsection F of this section, every local authority or agency of this state using a photo enforcement system shall...
• § 28-1205 Red Light Running
  A violation of article 3 of this chapter that is detected by a photo enforcement system may only result in a traffic ticket and...
• § 28-1206 Photo Enforcement Systems; State Highways; Cities And Towns
  A. A city or town may not place a photo enforcement system on a state highway in this state unless the city or town...

Chapter 4 DRIVING UNDER THE INFLUENCE
Article 1 General Provisions

• § 28-1301 Definitions
  In this chapter, unless the context otherwise requires: 1. " Certified ignition interlock device" means an ignition interlock device that is certified pursuant to...
• § 28-1302 Applicability Of Chapter
  This chapter applies on highways and elsewhere in this state.
• § 28-1303 Oversight Council On Driving Or Operating Under The Influence Abatement; Council Termination
  A. The oversight council on driving or operating under the influence abatement is established consisting of the following ten members: 1. The director of...
• § 28-1304 Driving Under The Influence Abatement Fund
  A. The driving under the influence abatement fund is established consisting of monies deposited pursuant to section 4-213, subsection J, section 5-396, subsection I,...

Article 2 Implied Consent and Tests

• § 28-1321 Implied Consent; Tests; Refusal To Submit To Test; Order Of Suspension; Hearing; Review; Temporary Permit; Notification Of Suspension; Special Ignition Interlock Restricted Driver License
  A. A person who operates a motor vehicle in this state gives consent, subject to section 4-244, paragraph 34 or section 28-1381, 28-1382 or...
• § 28-1322 Preliminary Breath Tests; Rules On Approval Of Devices
  A. A law enforcement officer who has reasonable suspicion to believe that a person has committed a violation of section 28-1381 or 28-1382 may...
• § 28-1323 Admissibility Of Breath Test Or Other Records
  A. The results of a breath test administered for the purpose of determining a person's alcohol concentration are admissible as evidence in any trial,...
• § 28-1324 Breath Test Rules
  The director of the department of public safety shall adopt rules prescribing methods and procedures for the administration of breath tests to determine alcohol...
• § 28-1325 Breath Test Operator Permits
  A. The director of the department of public safety shall issue permits to operators who have received approved instruction and who have demonstrated their...
• § 28-1326 Blood Test; Rules; Permits
  A. The director of the department of public safety shall adopt rules prescribing the approval of methods for the analysis of blood or other...
• § 28-1327 Reproduction Of Records; Admissibility; Computer Storage; Definition
  A. The head of a law enforcement agency or the director of the department of health services may place on computer storage any records...

Article 3 Driving Under the Influence

• § 28-1381 Driving Or Actual Physical Control While Under The Influence; Trial By Jury; Presumptions; Admissible Evidence; Sentencing; Classification
  A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of...
• § 28-1382 Driving Or Actual Physical Control While Under The Extreme Influence Of Intoxicating Liquor; Trial By Jury; Sentencing; Classification
  A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person...
• § 28-1383 Aggravated Driving Or Actual Physical Control While Under The Influence; Violation; Classification; Definition
  A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person...
• § 28-1384 Aggravated Driving Or Actual Physical Control While Under The Influence; Forfeiture Of Vehicle
  A. If a person is convicted of violating section 28-1383, the court, in addition to any other penalty imposed by law, shall order the...
• § 28-1385 Administrative License Suspension For Driving Under The Influence Or For Homicide Or Assault Involving A Motor Vehicle; Report; Hearing; Summary Review; Ignition Interlock Device Requirement
  A. A law enforcement officer shall forward to the department a certified report as prescribed in subsection B of this section, subject to the...
• § 28-1386 Operating A Motor Vehicle, Aircraft, Watercraft Or Water Skis Under The Influence; Emergency Response Costs; Definitions
  A. A person who is under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination...
• § 28-1387 Prior Convictions; Alcohol Or Other Drug Screening, Education And Treatment; License Suspension; Supervised Probation; Civil Liability; Procedures
  A. The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or...
• § 28-1388 Blood And Breath Tests; Violation; Classification; Admissible Evidence
  A. If blood is drawn under section 28-1321, only a physician, a registered nurse or another qualified person may withdraw blood for the purpose...
• § 28-1389 Waiver Of Fine, Surcharge Or Assessment
  (L03, 2SS, Ch. 5, sec. 8. Eff. until 1/1/16) Notwithstanding any other law, the court shall not waive a fine or assessment imposed pursuant...
• § 28-1389; Version 2 Waiver Of Fine, Surcharge Or Assessment
  (L15, Ch. 269, sec. 3. Eff. 1/1/16) The court shall not waive a fine or assessment imposed pursuant to this article or a surcharge...
• § 28-1390 Emergency Personnel; Law Enforcement
  A. Notwithstanding any other law, if a law enforcement officer reasonably believes that a person may have violated section 28-1381, 28-1382 or 28-1383, the...

Article 3.1 Special Ignition Interlock Restricted Driver Licenses

• § 28-1401 Special Ignition Interlock Restricted Driver Licenses; Application Fee
  A. A person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first...
• § 28-1402 Issuance Of Special Ignition Interlock Restricted Driver License; Restrictions
  A. On application pursuant to section 28-1401, subsection A the department may, and pursuant to section 28-1401, subsection C the department shall, issue a...
• § 28-1403 Extension Of Interlock Restricted Licenses; Hearing; Scope
  A. A person whose driver license restriction is extended pursuant to section 28-1461 may submit to the department a written request for a hearing....

Article 4 Judicial and Administrative Provisions

• § 28-1441 Driving Under The Influence; Records
  A. The court shall maintain and make accessible to the general public all records regarding the disposition of cases in which a person is...
• § 28-1442 Driving Under The Influence; Records; Reporting
  A. The administrative office of the courts shall report to the governor's office of highway safety by September 1 of each year for the...
• § 28-1443 Minimum Security Facility
  A. A city, town or county may establish a minimum security facility for the confinement of persons convicted of a violation of section 28-1381...
• § 28-1444 Reimbursement Of Incarceration Costs
  A. The court shall order a person who is sentenced to a term of incarceration for a violation of this chapter to reimburse the...
• § 28-1445 Alcohol Or Other Drug Screening; License Suspension
  A. The department of transportation shall order a person whose driving privilege, license, permit, right to apply for a license or permit or nonresident...

Article 5 Ignition Interlock Devices

• § 28-1461 Use Of Certified Ignition Interlock Devices; Reporting
  A. If a person's driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402: 1. The...
• § 28-1462 Ignition Interlock Device Certification; Installer Bonds
  A. After consulting with the director of the department of public safety, the assistant director for the motor vehicle division of the department of...
• § 28-1463 Proof Of Compliance; Suspension; Hearings
  A. If a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 does...
• § 28-1464 Ignition Interlock Devices; Violations; Classification; Definition
  A. Except in cases of a substantial emergency, a person shall not knowingly rent, lease or lend a motor vehicle to a person whose...
• § 28-1465 Rule Making; Manufacturers And Installers; Civil Penalty
  The director shall adopt rules pursuant to title 41, chapter 6 as the director deems necessary for the administration and enforcement of this article...
• § 28-1466 Display Of Certification; Transfer Prohibited
  A certification issued pursuant to this article: 1. Shall be conspicuously displayed in the place of business for which it was obtained. 2. Is...
• § 28-1467 Installer And Manufacturer Certification; Cancellation; Notice
  If the director cancels an installer's or manufacturer's certification pursuant to a rule adopted by the director, the director shall notify each person with...

Chapter 5 PENALTIES AND PROCEDURES FOR VEHICLE VIOLATIONS
Article 1 Definitions

• § 28-1501 Definitions
  In this chapter, unless the context otherwise requires: 1. " Gross weight" means the weight of a vehicle without a load plus the weight...

Article 2 Penalties and Violations

• § 28-1521 Violation; Civil Penalty
  A person who violates a provision of chapter 3 of this title or this chapter is subject to a civil penalty unless the statute...
• § 28-1522 Injuring Or Preventing Operation Of Vehicle; Classification; Emergency Exception
  A. A person is guilty of a class 3 misdemeanor who: 1. Knowingly breaks, injures, tampers with or removes any part of a vehicle...
• § 28-1523 Transporting Hazardous Material; Violation; Classification
  A person who violates any provision of chapter 3 or 4 of this title or this chapter while operating a motor vehicle transporting a...
• § 28-1524 Offense By Person Owning Or Controlling Vehicle; Classification
  It is a class 2 misdemeanor for the owner, or any other person, employing or otherwise directing the driver of a vehicle to require...
• § 28-1525 Assessment; Failure To Pay Fine
  In addition to any fine, fee, penalty or assessment authorized by law, a person who is convicted in the superior court or a justice...

Article 3 Criminal Violations and Traffic Complaints

• § 28-1551 Parties To A Crime
  A. A person who commits, attempts to commit, conspires to commit or aids or abets in the commission of an act declared in chapter...
• § 28-1552 Jurisdiction Of Municipal And Justice Courts
  A. Municipal courts and justice courts have concurrent jurisdiction over all civil and misdemeanor criminal violations of chapters 3, 4, 5, 7, 8, 9,...
• § 28-1553 Hearing Officers; Civil Traffic Violations
  A. Subject to funding by the governing body and within their jurisdictions, justice courts may appoint hearing officers to preside over civil traffic violation...
• § 28-1554 Disposition Of Fees, Fines, Forfeitures And Civil Penalties
  A. All fees, fines, forfeitures and civil penalties imposed and collected by the municipal courts in the exercise of their concurrent jurisdiction shall be...
• § 28-1555 Traffic Violation Charge; Juveniles
  A. A court shall not dispose of a moving traffic violation charge arising from the issuance of a traffic citation to a juvenile under...
• § 28-1556 Applicability Of Procedures; Arrest Without Warrant
  A. Sections 28-1524 and 28-1551 through 28-1554 govern all police officers in making arrests without a warrant for violations of chapters 3 and 4...
• § 28-1557 Traffic Complaint Form; Use Of Social Security Number Prohibited
  A. Each traffic enforcement agency in this state shall use a uniform traffic ticket and complaint form for traffic complaints pursuant to the rules...
• § 28-1558 Traffic Complaints; Disposition; Records
  A. On issuing a traffic complaint to an alleged violator of any provision of the motor vehicle laws of this state or of any...
• § 28-1559 Traffic Case Records; Abstract Of Record; Reports
  A. Each magistrate, judge or hearing officer of a court shall: 1. Keep or cause to be kept a record of each traffic complaint...
• § 28-1560 Illegal Cancellation Of Traffic Citation; Classification; Audit
  A. A person who cancels any traffic citation, in any manner other than as provided in this article or the nonresident violator compact adopted...
• § 28-1561 Certification Of Uniform Traffic Complaint Forms; False Certification
  A. Uniform traffic complaint forms need not be sworn to if they contain a form of certification by the issuing officer in substance as...

Article 4 Procedures for Civil Traffic Violations

• § 28-1591 Traffic Violations; Civil Matters; Service
  A. A violation of a statute relating to traffic movement and control, including a statute governing parking or standing requirements, shall be treated as...
• § 28-1592 Commencement Of Action
  A. A civil traffic violation case is commenced by issuance or filing of a uniform traffic ticket and complaint as provided in this article....
• § 28-1593 Service Of Uniform Traffic Ticket And Complaint
  A. A traffic complaint may be served by delivering a copy of the uniform traffic ticket and complaint to the person charged with the...
• § 28-1594 Authority To Detain Persons
  A peace officer or duly authorized agent of a traffic enforcement agency may stop and detain a person as is reasonably necessary to investigate...
• § 28-1595 Failure To Stop Or Provide Driver License Or Evidence Of Identity; Violation; Classification
  A. The operator of a motor vehicle who knowingly fails or refuses to bring the operator's motor vehicle to a stop after being given...
• § 28-1596 Traffic Complaint; Proceedings
  A. A person served with a civil traffic complaint shall: 1. Appear at the time and place stated in the complaint, or may appear...
• § 28-1597 Witnesses; Nonapplicability Of Rules Of Civil Procedure
  A. The state and the person charged with a civil traffic violation may subpoena witnesses as provided by section 13-4072. Witnesses are not entitled...
• § 28-1598 Maximum Civil Penalty
  Except as otherwise provided, a civil penalty imposed pursuant to this article shall not exceed two hundred fifty dollars. In addition, the court shall...
• § 28-1599 Admission; Evidence Of Negligence
  An admission of the allegation of a civil traffic complaint or a judgment on the complaint is not evidence of negligence in a civil...
• § 28-1600 Appeal
  A. A party may appeal the judgment of the court. The appeal may be to the superior court in the same manner as provided...
• § 28-1601 Failure To Pay Civil Penalty; Suspension Of Privilege To Drive; Collection Procedure
  A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place...
• § 28-1602 Photo Enforcement Violation; Service Of Process; No Duty To Identify Photo Or Respond; Definitions
  A. Notwithstanding any other law, if a person receives a notice of violation in the mail for a violation of chapter 3, article 3...

Article 5 Traffic Ticket Enforcement Assistance Program

• § 28-1630 Definitions
  For the purposes of this article, unless the context otherwise requires: 1. " Monetary obligations" includes fines, fees, penalties, court costs, surcharges, restitution, assessments...
• § 28-1631 Traffic Ticket Enforcement Assistance Program; Establishment
  A. The department shall establish procedures to: 1. Assist the courts and political subdivisions of this state to collect delinquent monetary obligations imposed for...
• § 28-1632 Refusal To Renew Registration; Fees
  A. On proper notification by a court or political subdivision pursuant to section 28-1633, the department shall refuse to renew the registration of a...
• § 28-1633 Contracts
  A. A court or political subdivision of this state may contract with the department to: 1. Provide electronic data access of department records to...
• § 28-1634 Registration Allowed
  A. The department shall allow registration of the vehicle if it receives the form prescribed by the director pursuant to section 28-1633 from the...
• § 28-1635 Waiver
  A. On proper application, the court may waive its right pursuant to this article to request the department to refuse to renew the vehicle...
• § 28-1636 Rules
  A. The supreme court shall adopt rules or procedures necessary for the courts to carry out this article including the time periods during which...

Article 6 Traffic Violations by Diplomats

• § 28-1651 Applicability
  A. This article applies to an individual who displays to a law enforcement officer a driver license issued by the United States department of...
• § 28-1652 Law Enforcement Officer Duties
  If a driver who is subject to this article is stopped by a law enforcement officer who has probable cause to believe that the...
• § 28-1653 Documents And Records
  The department of public safety shall: 1. File each vehicle accident report, citation or other charging document and incident report that the department of...
• § 28-1654 Department Of State
  Within five working days after receipt, the department of public safety shall send a copy of each document and record described in section 28-1653...

Chapter 6 AGREEMENTS AND COMPACTS
Article 2 Multistate Highway Transportation Agreement

• § 28-1821 Adoption Of Agreement; Termination Of State's Participation
  The multistate highway transportation agreement is entered into and enacted into law as follows: Multistate Highway Transportation Agreement Pursuant to and in conformity with...
• § 28-1822 Selection Of Designated Representatives
  A. The chairperson of the senate transportation committee, or its successor committee, and the chairperson of the house of representatives transportation committee, or its...
• § 28-1823 Compensation Of Designated Representative
  A designated representative is not entitled to additional compensation because of the designated representative's service as designated representative. A designated representative is entitled to...
• § 28-1824 Participation In Multistate Highway Transportation Agreement; Funding
  At the beginning of each fiscal year the director of the department of transportation shall transfer five thousand dollars from the state highway fund...

Article 3 Driver License Compact

• § 28-1851 Definitions
  In this article, unless the context otherwise requires: 1. " Executive head" means the governor of the state of Arizona. 2. " Licensing authority"...
• § 28-1852 Adoption Of Compact
  The driver license compact is entered into and enacted into law as follows: Driver License Compact Article I Findings and Declaration of Policy (a)...
• § 28-1853 Exchange Of Information
  The licensing authority shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration...
• § 28-1854 Compensation And Expenses Of Administrator
  The compact administrator provided for in article VII of the driver license compact is not entitled to any additional compensation because of the administrator's...
• § 28-1855 Report By Courts And Agencies
  Any court, other agency or subdivision of a court or agency that has jurisdiction to take any action suspending, revoking or otherwise limiting a...

Article 4 Nonresident Violator Compact

• § 28-1871 Definitions
  In this article, unless the context otherwise requires: 1. " Jurisdiction executive" means the governor of this state. 2. " Licensing authority" means the
• § 28-1872 Adoption Of Compact
  The nonresident violator compact is adopted and enacted into law as follows: Nonresident Violator Compact Article I Findings, Declaration of Policy and Purpose (a)...
• § 28-1873 Documents; Duties
  The licensing authority shall execute all documents and perform all acts necessary to enter into and to carry out the nonresident violator compact adopted...
• § 28-1874 Compensation And Expenses Of Administrator
  The compact administrator of this state is not entitled to any additional compensation for the administrator's service but is eligible for reimbursement for expenses...

Chapter 7 CERTIFICATE OF TITLE AND REGISTRATION
Article 1 General Provisions

• § 28-2001 Definitions
  A. " Resident" , for the purpose of registration and operation of motor vehicles: 1. Except as provided by paragraph 2, means the following:...
• § 28-2002 Assessor Or Director As County Agent
  A. Except in counties that have entered into an agreement authorized by section 28-2006, the assessor of each county is an agent of the...
• § 28-2003 Fees; Vehicle Title And Registration; Identification Plate; Definition
  A. The following fees are required: 1. For each certificate of title, salvage certificate of title, restored salvage certificate of title or nonrepairable vehicle...
• § 28-2004 Disposition Of Fees; Highway User Revenue Fund
  Except as otherwise provided by statute, the officer collecting the fees and taxes provided in this chapter shall immediately transfer them to the director....
• § 28-2005 Disposition Of Fees; County Assessor's Special Registration Fund
  A. If the county assessor is acting as an agent of the department, the county assessor shall transmit the following monies to the county...
• § 28-2006 Contract To Transfer Duties And Responsibilities
  A. The director and a county board of supervisors may contract to provide for the transfer of the duties and responsibilities of the county...
• § 28-2008 Duplicate Certificate Of Title, Permit, Registration Card Or License Plates
  If a certificate of title, permit, registration card or license plate is lost or mutilated or becomes illegible, the person entitled to the certificate,...
• § 28-2009 Certificate Of Title; Validity
  The certificate of title is valid for the life of the vehicle as long as the vehicle is owned by the original holder of...
• § 28-2010 Motorcycle Safety Fund; Administration; Advisory Council
  A. A motorcycle safety fund is established consisting of monies deposited pursuant to subsection B of this section and monies from gifts, grants and...
• § 28-2011 Vehicle Inspections
  A. The department may conduct the following levels of motor vehicle inspections: 1. Level one. A level one inspection consists of matching the public...
• § 28-2012 Vehicle Inspection And Title Enforcement Fund
  A. A vehicle inspection and title enforcement fund is established consisting of monies deposited pursuant to sections 28-2011 and 28-2013 and section 28-2095, subsection...
• § 28-2013 Disposition Of Property; Deposit Of Proceeds
  A. The department may receive monies from any department or agency of the United States, this state or any political subdivision of this state,...

Article 2 Certificate of Title and Registration

• § 28-2051 Application For Certificate Of Title; Vision Screening Test
  A. A person shall apply to the department on a form prescribed or authorized by the department for a certificate of title to a...
• § 28-2052 Title And Registration Of Foreign Vehicles
  A. Except as provided in subsection E of this section, the owner of a foreign vehicle that has been registered in another state or...
• § 28-2053 Certificate Of Title Without Registration
  The department may issue a vehicle certificate of title without registration for any of the following reasons: 1. The applicant for a certificate of...
• § 28-2054 Certificate Of Title; Application Processing
  A. The department shall file each application for a certificate of title. When the department is satisfied that the application is genuine and regular...
• § 28-2055 Certificate Of Title; Content Requirements; Transfer On Death Provision; Delivery
  A. The department or an authorized third party shall print the certificate of title, and it shall contain forms for assignment of title or...
• § 28-2056 Transfer Or Registration Of Vehicle; Collection Of Use Tax
  A. The registering officer shall collect the use tax imposed under title 42, chapter 5, article 4 at the time of application for a...
• § 28-2057 Registration Without Certificate Of Title Or Bond; Receipt; Fee
  A. If the department is not satisfied as to the ownership of the vehicle or is not satisfied that there are no undisclosed security...
• § 28-2058 Transfer Of Title; Odometer Mileage Disclosure Statement
  A. When the owner of a registered or unregistered vehicle transfers or assigns the owner's title or interest to the vehicle: 1. If the...
• § 28-2059 Obtaining A Certificate Of Title; Revocation
  A. If satisfactory proof of ownership is furnished to the director, the director may issue a certificate of title for a motor vehicle, trailer...
• § 28-2060 Transfer Of Ownership By Operation Of Law
  A. Except as provided in subsection F of this section, when the title or interest of an owner of a registered vehicle passes to...
• § 28-2061 All-Terrain Vehicles; Off-Highway Vehicles; Off‑road Recreational Motor Vehicles; Certificates Of Title; Exemption
  A. On the retail sale of a new all-terrain vehicle, off-highway vehicle as defined in section 28-1171 or off-road recreational motor vehicle, the dealer...
• § 28-2062 Mobile Home Delinquent Personal Property Tax List
  A. The department shall prepare and maintain a list that identifies each prior year for which outstanding delinquent personal property taxes on mobile homes...
• § 28-2063 Mobile Home Certificate Of Title; Exceptions; Fee
  A. A mobile home that is customarily kept in this state shall be titled with the department and the fee required under section 28-2003...
• § 28-2064 Electronic Certificates Of Title System; Applicability
  A. The director shall establish a system to require recording of vehicle title information for newly issued, transferred and corrected certificates of title, including...
• § 28-2065 Electronic And Digital Signatures; Documents
  A. On or before January 1, 2009, the director in cooperation with a statewide association of franchised new motor vehicle dealers shall establish a...

Article 3 Salvage, Seizure and Dismantling of Vehicles

• § 28-2091 Salvage Certificate Of Title; Stolen Vehicle Certificate Of Title; Nonrepairable Vehicle Certificate Of Title; Recovered Vehicles; Violation; Classification; Definitions
  A. If a vehicle that is subject to titling or registration pursuant to this chapter becomes a salvage vehicle, stolen vehicle or nonrepairable vehicle...
• § 28-2092 Vehicle Seizure
  Employees of the department and peace officers, as defined by section 1-215, may seize a vehicle: 1. From which the serial or other identification...
• § 28-2093 Sale Of Seized Vehicles Or Motors; Disposition Of Proceeds
  A. If a vehicle or motor has been seized under this chapter and held for six months and the owner has not complied with...
• § 28-2094 Dismantling Motor Vehicle; Application Fee; Certificate Of Title; Electronic Title System; Exemption
  A. An owner who sells a motor vehicle, trailer or semitrailer as scrap or for dismantling or destroying shall assign the certificate of title...
• § 28-2095 Restored Salvage Certificate Of Title; Inspections; Definitions
  A. If a salvage vehicle as defined in section 28-2091 is rebuilt or restored to operation, the owner of the motor vehicle shall not...
• § 28-2096 Flood Or Water Damaged Vehicles
  A. If a vehicle from a foreign jurisdiction has a flood or water damage branded certificate of title, the department may issue a certificate...
• § 28-2097 Modular Motor Homes; Definition
  A. Notwithstanding any other provision of this title: 1. If a refurbished coach or body component is remounted to a new cab and chassis...

Article 4 Vehicle Liens and Encumbrances

• § 28-2131 Liens And Encumbrances; Validity
  The following, other than a lien dependent on possession, are not valid against the creditors of an owner acquiring a lien by levy or...
• § 28-2132 Indication Of Lien Or Encumbrance
  A. The department shall provide on the application for title and the application for registration only a section that provides for the indication of...
• § 28-2133 Index And Filing Of Liens, Encumbrances Or Instruments; Constructive Notice
  A. The department shall maintain an appropriate index of all liens, encumbrances or title retention instruments filed as provided by this article. B. The...
• § 28-2134 Satisfaction Of Lien Or Encumbrance; Assignment Of Obligation By Lienholder; Civil Penalty
  A. When a holder of a lien or encumbrance receives payment in full satisfying a lien or encumbrance recorded under this article, the holder...
• § 28-2135 Perfection Of Security Interest In Inventory And Mobile Homes
  Notwithstanding any other provision in this article: 1. A security interest in inventory, as defined in section 47-9102, consisting in whole or in part...
• § 28-2136 Unsatisfied Liens
  A. Except as provided in subsection B of this section, the department may remove from its records a lien on a vehicle required to...
• § 28-2137 Restitution Lien; Removal
  A. Notwithstanding section 28-2132, after a hearing, the director may remove a restitution lien filed pursuant to section 13-805 or section 13-806 from a...

Article 5 Registration Requirements Generally

• § 28-2151 Registration By Mail; Postage Fund
  A. The director may establish a procedure for mailing registration applications and license plates or license tabs to applicants. B. For purposes of paying...
• § 28-2152 Registration In County Of Residence; Violation; Classification; Civil Penalty; Fee Transfer
  A. A person who registers a motor vehicle belonging to the person or leased to the person in a county other than the county...
• § 28-2153 Registration Requirement; Exceptions; Assessment; Violation; Classification
  A. A person shall not operate, move or leave standing on a highway a motor vehicle, trailer or semitrailer unless the motor vehicle, trailer...
• § 28-2154 Special Registrations
  A. A nonresident who purchases an unregistered vehicle in this state for removal to the state of residence of the purchaser shall obtain a...
• § 28-2154.01 Special Ninety Day Nonresident Registration Permits; Procedures
  A. A dealer or an authorized third party that issues a special ninety day nonresident registration permit pursuant to section 28-2154 shall send an...
• § 28-2155 One Trip Registration Permit
  A. The department may issue a one trip registration permit that allows a person to operate an unregistered vehicle or a vehicle with a...
• § 28-2156 Temporary General Use Registration
  A. In lieu of permanent registration, the department may issue a temporary general use registration that allows a person to operate a vehicle for...
• § 28-2157 Application For Registration
  A. A person shall apply to the department for registration of a motor vehicle, trailer or semitrailer on forms prescribed or authorized by the...
• § 28-2158 Registration Card
  A. The department shall file each application for registration. If satisfied that the application is genuine and regular, the department shall issue a registration...
• § 28-2159 Staggered Registration
  A. The director shall establish a system of staggered registration on a monthly basis to distribute the work of registering vehicles as uniformly as...
• § 28-2161 Nonpayment Of Fees, Taxes And Assessments; Consequences
  A. Subject to section 28-5807, the director shall: 1. Refuse to register a motor vehicle, trailer or semitrailer owned by or under the control...
• § 28-2162 Delinquent Registration; Penalty; Lien; Failure To Apply For Title; Waiver
  A. If a vehicle is operated on a highway without payment of the registration or transfer fee, the fee is delinquent. If the fee...
• § 28-2163 Cancellation Of Registration; Refusal To Renew Registration
  A. The department shall cancel, suspend, revoke or deny the registration of a vehicle that it determines is unsafe or unfit to be operated...
• § 28-2164 Reregistration On Becoming Liable For Weight Fee; Exceptions
  A. On using or offering to use a registered vehicle for transportation of passengers for compensation or on altering or reconstructing it for the...
• § 28-2165 Special Serial Or Identification Number
  A. If the manufacturer's serial or other identifying number of a motor vehicle, trailer or semitrailer is altered, removed, obliterated, defaced, omitted or otherwise...
• § 28-2166 Registration Of Vehicle Rented Without A Driver; Liability Insurance; Joint Liability; Violation; Classification; Definition
  A. The department of transportation shall not allow an owner who is engaged in the business of renting or who intends to rent a...
• § 28-2167 Commercial Vehicle Registration; Financial Responsibility
  On notice from the department that the department deems it necessary, the registering officer shall not complete the registration of an applicant subject to...
• § 28-2168 Federal Heavy Vehicle Use Tax; Enforcement Assistance
  The department may assist the United States department of treasury in enforcing the federal heavy vehicle use tax (26 United States Code section 4481)....
• § 28-2169 Intrastate Commercial Vehicle Registration; Required Numbers
  The department may require by rule that an applicant for registration of a vehicle that is subject to the gross weight fees imposed pursuant...

Article 6 Fleet Registration

• § 28-2201 Definition Of Fleet
  In this article, unless the context otherwise requires, " fleet" means two or more vehicles owned by a person and registered in this state.
• § 28-2202 Fleet Registration; Requirements
  A. In lieu of the staggered vehicle registration requirements of section 28-2159, a person may register a fleet on an annual basis so that...
• § 28-2203 Registration Card; Sticker
  On approval of the application for fleet registration, the director shall issue a permanent registration card and a permanent validating sticker for each qualified...
• § 28-2204 Department As Registering Officer; Vehicle License Tax Distribution; Definition
  A. Except as provided in section 28-5101, the department is the registering officer for the initial application for registration and subsequent renewal application of...
• § 28-2205 New Fleet Registrant; Fees; Taxes
  For purposes of establishing a new fleet registrant and in order to establish a uniform month of expiration: 1. The department shall maintain the...
• § 28-2206 Additions To Fleet; Fee
  A. If a vehicle is added to the fleet during the registration year, the director shall discount all fees required for registration as prescribed...
• § 28-2207 Renewal Of Fleet Registration; Deletion Of Vehicle
  A. On the renewal of a fleet registration, the department shall require payment of full license fees for each vehicle registered in the preceding...
• § 28-2208 Fleet Utility Trailers; Five Year Registration; Definition
  A. In lieu of annual registration, the director shall provide for the registration of fleet utility trailers for five year periods on proper application...

Article 7 International Proportional Registration

• § 28-2231 Definitions
  In this article, unless the context otherwise requires: 1. " Commercial vehicle" means: (a) For vehicles base licensed in this state, a bus, truck...
• § 28-2232 International Proportional Registration Authority; Rules
  A. Except as otherwise provided in this article, the registration of fleet vehicles on a proportional basis without reference to or application of section...
• § 28-2233 Interstate Commercial Fleet Registration; Application; Restrictions
  A. In lieu of the registration required by section 28-2153, in lieu of the full payment of fees prescribed by sections 28-2003 and 28-5433...
• § 28-2234 Owner‑operators
  An owner-operator who leases a vehicle to a motor carrier may proportionally register the vehicle by one of the following procedures: 1. The owner-operator...
• § 28-2235 Interstate Commercial Fleet Registration; Trailers; Fees
  A. The application of each fleet registered pursuant to this article shall include a total fee payment of at least four dollars fifty cents...
• § 28-2236 Interstate Commercial Fleet Registration; Identification; Fee; Registration Card
  A. On payment of the appropriate fees for a proportional registration application submitted pursuant to this article, the director shall register the vehicles described...
• § 28-2237 Additional Vehicles
  A. A vehicle that is acquired by the owner after the beginning of the registration year and subsequently added to a proportionally registered fleet...
• § 28-2238 Records; Audits; Interest; Penalty
  A. An owner whose application for proportional registration is accepted shall preserve the records on which the application is based for four years following...
• § 28-2239 Temporary Proportional Registrations; Fee
  A. The department may sell temporary proportional registrations to motor carriers that are registering under this article. Motor carriers may use temporary proportional registrations...

Article 8 Alternative Proportional Registration

• § 28-2261 Alternative Proportional Registration Agreements; Authority; Rules
  A. In lieu of the registration required by section 28-2153, in lieu of international proportional registration pursuant to article 7 of this chapter and...
• § 28-2262 Alternative Proportional Registration Agreements; Restriction; Contents
  A. A proportional registration agreement authorized by this article does not exempt a motor vehicle, owner or operator from complying with all laws, rules...
• § 28-2263 Withdrawal Of Vehicle
  If a vehicle that is subject to an agreement authorized by this article is permanently withdrawn from a proportionally registered fleet because the vehicle...
• § 28-2264 Trailers
  The registration fees prescribed in sections 28-2003 and 28-5801 for trailers and semitrailers base licensed in this state under an agreement authorized by this...
• § 28-2265 Owner‑operators; Permit
  If an owner-operator is not operating as a lessor, the owner-operator may apply for a fifteen day permit for a fee of twenty dollars...
• § 28-2266 Registration Requirements; Fees; Registration Card
  A. The department shall not register a motor vehicle pursuant to this article unless all the following are provided: 1. A United States department...
• § 28-2267 Temporary Registrations; Fee
  A. The department may sell temporary registrations to motor carriers with existing fleets that are registered under this article. Temporary registrations may be used...
• § 28-2268 Audit Costs
  If the place of business where records are audited is located outside of this state, the director may require the licensee to pay the...
• § 28-2269 Proportional Registration Or Alternative Procedure Agreements; Transfer Of License Plates
  A. Notwithstanding section 28-2263, beginning no later than January 1, 1998 a registrant may transfer license plates issued pursuant to this article to another...

Article 9 Nonresident Daily Commuter

• § 28-2291 Definition Of Nonresident Daily Commuter
  In this article, unless the context otherwise requires, " nonresident daily commuter" means a person who is a resident of a contiguous state, who...
• § 28-2292 Nonresident Daily Commuter Vehicle Operation
  Notwithstanding this chapter, a nonresident daily commuter may operate a motor vehicle on the highways of this state if all of the following conditions...
• § 28-2293 Application
  A. A nonresident daily commuter may apply for external vehicle identification indicia and an identification card by filing an application with the department. B....
• § 28-2294 Nonresident Daily Commuter; Identification Card; Fee
  (L96, Ch 76. sec 93.) A. On application and completion of the form prescribed by section 28-2293, the department shall provide a nonresident daily...
• § 28-2294; Version 2 Nonresident Daily Commuter; Identification Card; Fee
  (L96, Ch 76. sec 94. Conditionally Eff.) A. On application and completion of the form prescribed by section 28-2293, the department shall provide a...
• § 28-2295 Display Of Indicia
  A. A nonresident daily commuter shall display nonresident daily commuter indicia in a location on the motor vehicle that is clearly visible and adjacent...

Article 10 Nonresident Responsibility

• § 28-2321 Registration Requirement For Nonresident's Vehicle
  A. Except as otherwise provided in this article, every foreign motor vehicle owned by a nonresident and operated in this state shall be registered...
• § 28-2322 License Plate Requirement For Nonresident's Foreign Vehicle
  A person shall not operate a foreign vehicle owned by a nonresident on a highway and a nonresident owner shall not knowingly permit the...
• § 28-2323 Exemptions From Fees; Special Registration Permit
  A. An owner of a foreign motor vehicle that is registered and licensed in a state adjoining this state is not required to pay...
• § 28-2324 Limited Registration; Fees; Violation
  A. If a person desires to operate a motor vehicle that is required to be registered by section 28-2321 for a period of less...
• § 28-2325 Single Trip Permit; Fees
  A. An owner or operator of a vehicle that is required to be registered pursuant to section 28-2321 may apply to the department for...
• § 28-2326 Acceptance Of Rights And Privileges; Appointment For Service Of Process
  A. The rights and privileges conferred by sections 28-2321, 28-2322, 28-2323 and 28-2324 and section 28-3152, subsection A, paragraphs 4 and 5 are deemed...
• § 28-2327 Service On Director; Notice To Nonresident; Fee; Proof Of Service
  A. Service of process under section 28-2326 is made by leaving a copy of the summons and complaint and a fee of four dollars...
• § 28-2328 Violation; Classification
  A person who violates this article is guilty of a class 2 misdemeanor.

Article 11 License Plates Generally

• § 28-2351 License Plate Provided; Design
  A. The department shall provide to every owner one license plate for each vehicle registered. At the request of the owner and on payment...
• § 28-2352 License Plate; Return; Replacement; Fee
  A. On termination of the lawful use of the license plate the director may require return to the department of the plate issued by...
• § 28-2353 Special License Plate Replacement Fee
  A. The department may establish a special license plate replacement fee for deposit in the state highway fund established by section 28-6991. The fee...
• § 28-2354 License Plates; Attachment; Civil Penalty
  A. A person shall display the license plate or plates as follows: 1. For a motor vehicle, motorcycle, trailer or semitrailer, on the rear....
• § 28-2355 License Plates; Tabs; Stickers
  The department may issue one or more tabs or windshield stickers to indicate the year for which a license plate is issued.
• § 28-2356 Transfer Of License Plates To Another Vehicle; Credit; Refund
  A. Except as otherwise provided in this chapter, the owner of a vehicle for which the department provided license plates pursuant to section 28-2351...

Article 12 Special Plates

• § 28-2401 Definitions
  In this article, unless the context otherwise requires: 1. " Immediate family member" means a spouse or a parent, child, brother or sister whether...
• § 28-2402 Special Plate Fees
  The following fees are required: 1. Twenty-five dollars for each pair of original and for each annual renewal of special plates issued under this...
• § 28-2403 Special Plates; Transfers; Violation; Classification
  A. Except as otherwise provided in this article, the department shall issue or renew special plates in lieu of the regular license plates pursuant...
• § 28-2404 Special Organization License Plates
  A. Special organization license plates authorized before September 30, 2009 remain valid license plates issued by this state unless the legislature enacts legislation specifically...
• § 28-2406 Personalized Special Plates
  A. A person may apply for personalized special plates for any vehicle the person owns or leases or as a gift for the owner...
• § 28-2407 Amateur Radio Operator Special Plates
  A. The department shall issue amateur radio operator special plates to a person who provides satisfactory proof that the person owns and holds an...
• § 28-2408 Special Plates For Hearing Impaired Persons; Placard; Definition
  A. The department shall issue to a hearing impaired person special plates that display a distinctive number assigned to the vehicle and to the...
• § 28-2409 International Symbol Of Access Special Plates; Placard; Definitions
  A. The department shall issue special plates bearing the international symbol of access to either: 1. A person who has permanent physical disabilities and...
• § 28-2410 Honorary Consular Official Special Plates
  The department shall issue honorary consular official special plates to a citizen of the United States or a permanent resident of this country who...
• § 28-2411 Personalized Street Rod Vehicle Special Plates
  A. The department shall issue personalized street rod vehicle special plates to a person who owns a vehicle with a body design that retains...
• § 28-2412 Collegiate Special Plates; Definition
  A. The department shall issue collegiate special plates that identify each university that is described in section 15-1601 or each community college district. The...
• § 28-2413 Environmental Special Plates
  A. The department shall issue environmental special plates. The environmental special plates shall have the same basic color and design as the environmental license...
• § 28-2414 Veteran Special Plates
  A. The department shall issue veteran special plates to: 1. A person who submits satisfactory proof to the department that the person is a...
• § 28-2415 National Guard Member Special Plates
  A. The department shall issue national guard member special plates to a person who submits satisfactory proof to the department that the person is...
• § 28-2416 Alternative Fuel Vehicle Special Plates; Stickers; Use Of High Occupancy Vehicle Lanes; Definition
  A. A person who owns a motor vehicle that has either been converted or manufactured to use an alternative fuel as the vehicle's exclusive...
• § 28-2416.01 Low Emission And Energy Efficient Vehicle Special Plates; Use Of High Occupancy Vehicle Lanes; Civil Penalty
  A. Except as provided in section 28-337 and if the department receives approval from the federal government as prescribed in subsection D of this...
• § 28-2417 Child Abuse Prevention Special Plates
  A. The department of transportation shall issue child abuse prevention special plates. The director of the division for children in the governor's office or...
• § 28-2418 Navajo Nation Special Plates
  A. The department shall issue Navajo nation special plates. The color and design of the Navajo nation special plates shall be different from the...
• § 28-2419 Transplantation Awareness Special Plates; Fund
  A. The department shall issue transplantation awareness special plates. The color and design of the transplantation awareness special plates shall be different from the...
• § 28-2420 San Carlos Apache Tribe Special Plates
  A. The department shall issue San Carlos Apache tribe special plates. The color and design of the San Carlos Apache tribe special plates shall...
• § 28-2421 Character Education Special Plates
  A. The department of transportation shall issue character education special plates. The department of education shall accept and use monies donated by sources outside...
• § 28-2422 Spaying And Neutering Of Animals Special Plates
  A. The department shall issue spaying and neutering of animals special plates. The companion animal spay and neuter committee established by section 28-2422.01 shall...
• § 28-2422.01 Companion Animal Spay And Neuter Committee
  A. The companion animal spay and neuter committee is established consisting of the following seven members who reside in this state and who are...
• § 28-2422.02 Spaying And Neutering Of Animals Fund; Definitions
  A. The spaying and neutering of animals fund is established consisting of monies received pursuant to section 28-2422. The companion animal spay and neuter...
• § 28-2423 Breast And Cervical Cancer Screening And Diagnostic Special Plates
  A. The department shall issue breast and cervical cancer screening and diagnostic special plates. The director of the department, or the director's designee, shall...
• § 28-2424 Golden Rule Special Plates
  A. The department shall issue golden rule special plates. The incorporated nonprofit corporation that provided the thirty-two thousand dollars for implementation of this section...
• § 28-2425 White Mountain Apache Tribe Special Plates
  A. The department shall issue White Mountain Apache tribe special plates. The color and design of the White Mountain Apache tribe special plates shall...
• § 28-2426 Arizona Professional Baseball Club Special Plates; Fund
  A. The department shall issue Arizona professional baseball club special plates. The entity that provides the thirty-two thousand dollars shall design the Arizona professional...
• § 28-2427 Families Of Fallen Police Officers Special Plates
  A. The department of transportation shall issue families of fallen police officers special plates. The entity that provides the thirty-two thousand dollars shall design...
• § 28-2428 Military Support Special Plates
  A. The department of transportation shall issue military support special plates. The costs of issuing the military support special plates shall be paid by...
• § 28-2429 Arizona Highways Special Plates
  A. The department shall issue Arizona highways special plates. The costs of issuing the Arizona highways special plates shall be paid from monies received...
• § 28-2430 In God We Trust Special Plates
  (L11, Ch. 320, sec. 4 & Ch. 323, sec. 3) A. If a nonprofit corporation that is incorporated in this state gives the department...
• § 28-2430; Version 2 In God We Trust Special Plates
  (L11, Ch. 324, sec. 3) A. If an incorporated nonprofit corporation gives the department thirty-two thousand dollars, the department shall issue the in God...
• § 28-2431 Gold Star Family Special Plates
  A. The department shall issue gold star family special plates to a person who submits satisfactory proof to the department that the person is...
• § 28-2432 Arizona Professional Basketball Club Special Plates; Fund
  A. If, by December 31, 2008, a charitable organization affiliated with an Arizona professional basketball club donates thirty-two thousand dollars to the veterans' donations...
• § 28-2433 Arizona Professional Football Club Special Plates; Fund
  A. If, by December 31, 2009, a charitable organization affiliated with an Arizona professional football club donates thirty-two thousand dollars to the department for...
• § 28-2434 Emergency Medical Services Special Plates
  A. If, by December 31, 2014, a nonprofit corporation in this state that is qualified under section 501(c)(3) of the United States internal revenue...
• § 28-2435 Arizona Masonic Fraternity Special Plates; Fund
  A. If, by December 31, 2010, thirty-two thousand dollars is paid to the department for the implementation of this section, the department shall issue...
• § 28-2436 Arizona Agricultural Youth Organization Special Plates
  A. If, by December 31, 2010, thirty-two thousand dollars is paid to the department for the implementation of this section, the department shall issue...
• § 28-2437 Law Enforcement Special Plates; Fund
  A. If, by December 31, 2011, an entity described in subsection E of this section pays thirty-two thousand dollars to the department for implementation...
• § 28-2438 Youth Development Organization Special Plates; Fund
  A. If, by December 31, 2011, an entity described in subsection E of this section pays thirty-two thousand dollars to the department for implementation...
• § 28-2439 Don't Tread On Me Special Plates
  A. If an entity receives thirty-two thousand dollars through donations for the issuance of don't tread on me special plates and gives the department...
• § 28-2439.01 Arizona Tea Party Committee
  A. The Arizona tea party committee is established consisting of the following thirteen members who reside in this state and who are United States...
• § 28-2439.02 Don't Tread On Me Special Plates Fund; Grants; Definition
  A. The don't tread on me special plates fund is established consisting of monies received pursuant to section 28-2439. The Arizona tea party committee...
• § 28-2440 Multiple Sclerosis Awareness Special Plates
  A. If, by December 31, 2011, thirty-two thousand dollars is paid to the department for the implementation of this section, the department shall issue...
• § 28-2441 Hunger Relief Special Plates; Fund
  A. If, by June 30, 2012, an entity pays thirty-two thousand dollars to the department for the implementation of this section, the department shall...
• § 28-2442 Childhood Cancer Research Special Plates
  A. If, by December 31, 2012, thirty-two thousand dollars is paid to the department for the implementation of this section, the department shall issue...
• § 28-2443 Litter Prevention And Cleanup Special Plates; Fund
  A. If, by December 31, 2011, an entity pays thirty-two thousand dollars to the department for implementation of this section, the department shall issue...
• § 28-2444 Arizona Professional Hockey Club Special Plates; Fund
  A. If, by December 31, 2015, an entity pays thirty-two thousand dollars to the department for the implementation of this section, the department shall...
• § 28-2445 Arizona Public Broadcast Television Special Plates; Fund
  A. If, by December 31, 2011, an entity pays thirty-two thousand dollars to the department for the implementation of this section, the department shall...
• § 28-2446 Global Graduate Management School Special Plates; Fund
  A. If, by December 31, 2011, thirty-two thousand dollars is paid to the department for the implementation of this section, the department shall issue...
• § 28-2447 Women Veteran Special Plates
  A. The department of veterans' services shall pay thirty-two thousand dollars from the veterans' donations fund established by section 41-608 to the department of...
• § 28-2448 Arizona Centennial Special Plates; Fund
  A. The department shall issue Arizona centennial special plates. The department shall use thirty-two thousand dollars from the state highway fund, established by section...
• § 28-2449 Extraordinary Educators Special Plates; Fund
  A. If, by December 31, 2016, an entity pays thirty-two thousand dollars to the department for the implementation of this section, the department shall...
• § 28-2450 Girls' Youth Organization Special Plates; Fund
  A. If, by December 31, 2013, an entity pays thirty-two thousand dollars to the department for the implementation of this section, the department shall...
• § 28-2451 Arizona Motorsports Commemorative Special Plates; Fund
  A. If, by December 31, 2014, a person pays thirty-two thousand dollars to the department for the implementation of this section, the department shall...
• § 28-2452 Firefighter Special Plates; Fund
  A. If, by December 31, 2015, a person pays thirty-two thousand dollars to the department for the implementation of this section, the department shall...
• § 28-2453 Arizona Professional Golf Special Plates; Fund
  A. If, by December 31, 2015, a person pays thirty-two thousand dollars to the department for the implementation of this section, the department shall...
• § 28-2454 Military Scholarship Special Plates
  A. If, by December 31, 2015, a person pays thirty-two thousand dollars to the department for the implementation of this section, the department shall...
• § 28-2455 Health Sciences Educational Institution Special Plates; Fund
  A. If, by December 31, 2015, a person pays thirty-two thousand dollars to the department for the implementation of this section, the department shall...

Article 13 Honored Military License Plates

• § 28-2471 Honored Military License Plates; Procedures; Transfers; Violation; Classification
  A. The department shall issue or renew military license plates issued pursuant to this article in lieu of the regular license plates pursuant to...
• § 28-2472 Congressional Medal Of Honor License Plates
  The department shall issue at no additional cost distinctive license plates to a person who submits proof to the department that the person is...
• § 28-2473 Former Prisoner Of War License Plates; Fees
  A. The department shall issue distinctive license plates to: 1. A person, other than a person who was discharged from the armed forces under...
• § 28-2474 Purple Heart Medal Recipient License Plates; Fees
  A. The department shall issue distinctive license plates to: 1. A person who submits satisfactory proof to the department that the person is a...
• § 28-2475 Pearl Harbor Survivor License Plates; Fees
  A. The department shall issue distinctive license plates to: 1. A person who submits satisfactory proof from the department of veterans' services to the...

Article 14 License Plates for Vehicles of Historic Value

• § 28-2481 Historic Value License Plate Fees
  In addition to the payment of all other fees required by law, the following fees are required for license plates issued pursuant to this...
• § 28-2482 License Plates For Horseless Carriages; Definition
  A. The department shall issue license plates for a horseless carriage on application and in the manner and at the time prescribed by the...
• § 28-2483 License Plates For Classic Cars; Definition
  A. The department shall issue special license plates for a classic car on application and in the manner and at the time prescribed by...
• § 28-2484 License Plates For Historic Vehicles; Definition
  A. The department shall issue special license plates for a historic vehicle on application and in the manner and at the time prescribed by...
• § 28-2485 Safety Requirements; Compliance
  Notwithstanding any other law, a motor vehicle that is eligible to be licensed under this article is in compliance with the safety requirements of...
• § 28-2486 Retention Of Old Certificate Of Title
  A. The owner of a vehicle may retain the old canceled certificate of title if: 1. The application for a new title is granted....
• § 28-2487 Model Year Date License Plates
  An owner of a vehicle that is eligible for registration pursuant to section 28-2483 or 28-2484 may use a license plate previously issued by...
• § 28-2488 Relinquishment Of Special Plates
  If a person who has been issued special plates pursuant to this article sells, trades or otherwise releases ownership of the vehicle to which...

Article 15 Distinctive Vehicles

• § 28-2511 Official Vehicles; Registration Exemption; Definitions
  A. A registration fee is not required for a vehicle owned by a foreign government, by a consul or any other official representative of...
• § 28-2512 All-Terrain Motor Vehicles; Off-Highway Vehicles; Off‑road Recreational Motor Vehicles; License Plates
  A. Every owner of an all-terrain vehicle, off-highway vehicle as defined in section 28-1171 or off-road recreational motor vehicle shall apply to the department...
• § 28-2513 Mopeds
  Notwithstanding any other provision of this title: 1. A certificate of title is not required for a moped that is registered pursuant to this...
• § 28-2514 Farm Vehicle License Plates; Reciprocity; Definitions
  A. The department shall issue a farm vehicle license plate to a person who owns a farm vehicle. B. The fee for an original...
• § 28-2515 Taxis; License Plates
  A. Subject to legislative appropriation, the department shall issue taxi special plates to the owner of every vehicle operating as a taxi. B. Every...
• § 28-2516 Motorized Electric Or Gas Powered Bicycles Or Tricycles; Definition
  A. Notwithstanding any other provision of this title: 1. A certificate of title is not required for a motorized electric or gas powered bicycle...

Article 16 Violations

• § 28-2531 Registration; Violation; Classification; Exceptions
  A. A person is guilty of a class 5 felony who: 1. Intentionally removes a manufacturer's serial or identification number from, defaces, alters or...
• § 28-2532 Registration; Violation; Civil Penalties
  A. Except as provided in subsection B of this section, a person who is the resident or nonresident owner or operator of a motor...
• § 28-2533 Registration; Violation; Additional Civil Penalty; Disposition Of Civil Penalty
  A. In addition to all other penalties prescribed by law, an owner of a motor vehicle that is or was registered in another state,...

Chapter 8 MOTOR VEHICLE DRIVER LICENSES
Article 1 General Provisions

• § 28-3001 Definitions
  In this chapter, unless the context otherwise requires: 1. " Cancellation" means the annulment or termination of a driver license because of an error...
• § 28-3002 Fees; Driver Licenses; Disposition
  A. The following fees are required: 1. For each original or initial application or renewal application, if a written examination is required, for the...
• § 28-3003 Driver License Fees; Deposit
  A. The department may receive and deposit in the state highway fund established by section 28-6991 monies collected by the director pursuant to section...
• § 28-3004 License Records
  A. The department shall file an application for a license and shall maintain suitable indexes containing, in alphabetical order: 1. Each application denied, with...
• § 28-3005 Medical Or Psychological Reports; Immunity; Definitions
  A. For medical conditions, a physician or registered nurse practitioner, for psychological conditions, a psychologist, physician, psychiatric mental health nurse practitioner or substance abuse...
• § 28-3006 Driver License And Nonoperating Identification License Applications; Organ Or Tissue Donation Preference; Reimbursement; Definition
  A. The director shall establish procedures: 1. To allow a person applying for a driver license, permit or nonoperating identification license pursuant to this...

Article 2 Advisory Entities

• § 28-3051 Medical Advisory Board
  A. A medical advisory board is established as a professional unit composed of qualified personnel to advise the department on medical criteria and vision...
• § 28-3052 Medical Advisory Board; Powers And Duties
  A. The medical advisory board established by section 28-3051 may: 1. Make recommendations to the director consistent with this article. 2. Make studies, including...
• § 28-3053 School Bus Advisory Council; Council Termination
  A. The school bus advisory council is established consisting of nine members appointed by the governor. The governor shall appoint the members as follows:...

Article 3 Driver License Classes and Endorsements

• § 28-3101 Driver License Classes
  A. Except as provided in subsections B and C of this section and section 28-3102, the following driver license classes are valid: 1. Class...
• § 28-3102 Exceptions To Driver License Classes; Definitions
  A. Notwithstanding section 28-3101, a person who operates an authorized emergency vehicle, a farm vehicle or a recreational vehicle may operate the vehicle with...
• § 28-3103 Driver License Endorsements
  A. A driver license applicant shall obtain the following endorsements to the applicant's driver license and shall submit to an examination appropriate to the...

Article 4 General Licensing Provisions

• § 28-3151 Driver License Requirement
  A. Unless exempt pursuant to this chapter, a person shall not drive a motor vehicle or vehicle combination on a highway without a valid...
• § 28-3152 Driver License; Exemptions; Limitation
  A. Except as provided in subsection B, the following persons are exempt from licensing under this chapter: 1. Except for United States reserve technicians,...
• § 28-3153 Driver License Issuance; Prohibitions
  A. The department shall not issue the following: 1. A driver license to a person who is under eighteen years of age, except that...
• § 28-3154 Instruction Permit For A Class D Or G License
  A. A person who is at least fifteen years and six months of age may apply to the department for an instruction permit for...
• § 28-3155 Restricted Instruction Permit
  A. On receipt of a proper application, the department may issue a restricted instruction permit for a class D or G license to an...
• § 28-3156 Class M Instruction Permit
  A. A person who is at least fifteen years and six months of age may apply to the department for an instruction permit for...
• § 28-3157 Temporary Driver Permit
  A. The department may issue a temporary driver permit to an applicant for a driver license. The permit allows the driver to operate a...
• § 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...
• § 28-3159 Restricted Licenses
  A. With good cause, the department may issue the following restricted driver licenses: 1. A driver license with any of the following: (a) Restrictions...
• § 28-3160 Applications Of Minors; Liability
  A. Except as provided in section 28-3161, the following person or persons shall sign and verify before a person authorized to administer oaths the...
• § 28-3161 Application Of Student Minor; Instructor Liability
  A. A person who is at least fifteen years of age, who is attending school and who is not living or residing with the...
• § 28-3162 Cancellation Of Minor's Driver License; Release From Liability
  A. A person who signs the application of a minor for a driver license may file with the department a verified written request that...
• § 28-3163 Unlicensed Minor; Liability
  An owner of a motor vehicle who causes or who knowingly permits an unlicensed minor to drive a vehicle on a highway and a...
• § 28-3164 Original Applicants; Examination
  A. The department may do any of the following: 1. Examine an applicant for an original driver license. 2. Accept the examination conducted by...
• § 28-3165 Nonoperating Identification License; Immunity; Rules; Emancipated Minors
  A. On receipt of an application from a person who does not have a valid driver license issued by this state or whose driving...
• § 28-3166 Driver License Content And Application; Marked Licenses; Emancipated Minors
  A. The department shall issue a driver license to a qualified applicant. The driver license shall contain a distinguishing number assigned to the licensee,...
• § 28-3167 Medical Code Information On License; Rules; Immunity
  A. The department shall provide on each driver license and on each nonoperating identification license a space where a licensee may indicate that the...
• § 28-3168 Driver License And Nonoperating Identification License Applications; Selective Service Registration; Reimbursement
  A. When a male person who is under twenty-six years of age applies for a driver license or a nonoperating identification license or for...
• § 28-3169 Possession And Display Of Driver License; Defense
  A. A licensee shall have a legible driver license in the licensee's immediate possession at all times when operating a motor vehicle. On demand...
• § 28-3170 Duplicate Permit Or License
  A. If an instruction permit or driver license issued under this chapter is lost, destroyed or made illegible, if the name or address of...
• § 28-3171 Driver License Expiration And Renewal; Exception; Extension By Mail
  A. Except as provided in subsection B, D or E of this section and unless medical restrictions require a shorter expiration period, a driver...
• § 28-3172 Driver License Renewal By Mail; Application; Requirements
  A. On payment of the fee prescribed in section 28-3002, the department may renew by mail a class D, G or M license issued...
• § 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...
• § 28-3174 Class G Driver Licenses; Restrictions; Civil Penalties; Motorcycles
  A. A person who is under eighteen years of age may apply to the department for a class G driver license if all of...
• § 28-3175 Driver Licenses; Nonoperating Identification Licenses; Use For Boarding Aircraft; Accessing Restricted Areas; Rules
  A. Notwithstanding any other law, on or before April 1, 2016, if a driver license applicant or nonoperating identification license applicant requests a driver...

Article 5 Commercial Driver Licensing

• § 28-3221 Commercial Driver License
  The department shall mark a license issued to a qualified person for a class A, B or C license as a commercial driver license...
• § 28-3222 State Of Domicile Change
  A person who operates a commercial motor vehicle and who changes state of domicile to this state shall obtain the appropriate class of commercial...
• § 28-3223 Original Applicant; Requirements; Expiration; Renewal Examination
  A. In addition to the requirements applicable to all driver license applicants, an original applicant for a class A, B or C license is...
• § 28-3224 Nondomiciled Commercial Driver License
  A. The department may issue a nondomiciled commercial driver license to a resident of another jurisdiction if the United States secretary of transportation determines...
• § 28-3225 Commercial Driver Instruction Permit
  A. A person who is at least eighteen years of age may apply to the department for an instruction permit for a class A,...
• § 28-3226 Limitation On Number Of Driver Licenses
  A driver of a commercial motor vehicle shall not have more than one driver license, except during the ten day period beginning on the...
• § 28-3227 Commercial Drivers; Convictions; Notification Requirements; Violation
  A. A driver of a commercial motor vehicle who has a driver license issued by this state and who is convicted of violating a...
• § 28-3228 School Bus Drivers; Requirements; Rules; Cancellation
  A. A person shall not operate a school bus transporting school children unless the person possesses the appropriate license class for the size of...
• § 28-3229 Military Applicants; Driving Test Waiver; Requirements
  A. The department may waive the requirement that an original applicant for a class A, B or C license take the driving test prescribed...

Article 6 Regulation

• § 28-3301 License Or Permit Cancellation
  A. The department may cancel a driver license or permit on determining any of the following: 1. The licensee was not entitled to the...
• § 28-3302 Nonresident Driver Privilege; Suspension Or Revocation; Reporting Convictions
  A. The privilege of driving a motor vehicle on the highways of this state that is given to a nonresident driver under this chapter...
• § 28-3303 Suspension Or Revocation Of Driver License Or Privilege For Actions Outside Of State
  A. Except as provided in subsection B of this section, the department may suspend or revoke the license or driving privilege of a resident...
• § 28-3304 Mandatory Revocation Of License; Definition
  A. In addition to the grounds for mandatory revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately...
• § 28-3305 Court Action On Conviction
  A. If a person is convicted of an offense or if a judgment is entered against the person for which revocation of the driver...
• § 28-3306 Discretionary License Suspension Or Revocation; Traffic Survival School; Hearing
  A. The department may suspend or revoke the license of a driver or require a licensee to attend and successfully complete approved traffic survival...
• § 28-3307 Order To Complete Traffic Survival School Educational Sessions
  A. If a licensee is required to attend and successfully complete approved traffic survival school educational sessions designed to improve the safety and habits...
• § 28-3308 Mandatory Suspension; Failure To Appear
  On notification that a person failed to appear as directed for a scheduled court appearance after service of the complaint alleging a violation of...
• § 28-3309 License Suspension And Denial; Improper Use By Persons Under Legal Drinking Age; Improper Use By Persons Under Eighteen Years Of Age; Providing Spirituous Liquor To A Minor; Exceptions
  A. The department shall promptly suspend a driver license or nonoperating identification license issued to or the driving privilege of a person who is...
• § 28-3310 Improper Use Of License; Peace Officer Affidavit; License Suspension; Hearing
  A. A peace officer who arrests a person for the commission of an offense for which, on conviction, suspension of any license or privilege...
• § 28-3311 Concurrent Suspensions
  Periods of suspension required pursuant to section 28-3309, subsection A or B or section 28-3310 arising from the same offense run concurrently and begin...
• § 28-3312 Mandatory Disqualification Of Commercial Driver Licenses; Definition
  A. The department shall disqualify a person required to have a commercial driver license or a commercial driver license holder from driving a commercial...
• § 28-3313 Record Update
  A. Within ten days of the suspension, revocation, cancellation or disqualification of a commercial driver license for a period of sixty days or more,...
• § 28-3314 License Reexamination
  A. If the department has good cause to believe that a licensed driver is incapable of operating a motor vehicle pursuant to section 28-3306,...
• § 28-3315 Period Of Suspension, Revocation Or Disqualification; Unlicensed Drivers
  A. The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for...
• § 28-3316 Operation Of Vehicle Under A Foreign License Prohibited During Suspension Or Revocation
  A resident or nonresident whose driver license or privilege to operate a motor vehicle in this state is suspended or revoked pursuant to this...
• § 28-3317 Appeal
  A. Unless the cancellation or revocation is mandatory under this chapter, a person who is denied a license or whose license is canceled, suspended...
• § 28-3318 Service Of Notice; Definition
  A. The department shall provide written notice to a person possessing a driver license, to an unlicensed driver or to a nonresident driver of...
• § 28-3319 Action After License Suspension, Revocation Or Denial For Driving Under The Influence Or Refusal Of Test; Ignition Interlock Device Requirement; Definition
  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...
• § 28-3320 Suspension Of License For Persons Under Eighteen Years Of Age; Notice; Definition
  A. In addition to the grounds for mandatory suspension or revocation provided for in chapters 3, 4 and 5 of this title, the department...
• § 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...
• § 28-3322 Suspension Of License For Persons Eighteen, Nineteen And Twenty Years Of Age; Definition
  A. In addition to the grounds for mandatory suspension or revocation provided for in chapters 3, 4 and 5 of this title, the department...
• § 28-3323 Notification To The Superintendent Of Public Instruction
  The director shall notify the superintendent of public instruction if the department suspends or revokes the driver license of a person who gives driver...

Article 7 Defensive Driving School

• § 28-3391 Definition Of Court
  In this article, unless the context otherwise requires, " court" means a juvenile division of the superior court, a justice of the peace court...
• § 28-3392 Defensive Driving School; Eligibility
  A. A court: 1. Shall allow an individual who is issued a citation for a civil traffic moving violation pursuant to chapter 3, articles...
• § 28-3393 Defensive Driving School Attendance; Discrimination Prohibited; Notice Requirements
  A. Except as provided in subsection B, an eligible individual who elects to attend a defensive driving school shall attend one of the following...
• § 28-3394 Successful Course Completion
  A. If an eligible individual successfully completes the course at a defensive driving school: 1. The court shall dismiss the civil or criminal traffic...
• § 28-3395 Supreme Court Authority And Duties; Rules; Record
  A. The supreme court may contract with a public or private agency that does not provide defensive driving schools in this state pursuant to...
• § 28-3396 Court Diversion Fee
  A. The presiding judge of each court shall: 1. Set the amount of the court diversion fee that an individual who attends a defensive...
• § 28-3397 Additional Fees; Disposition
  A. In addition to the court diversion fee and the fee for the cost to attend a defensive driving school, a person who attends...
• § 28-3398 Defensive Driving School Fund
  A. A defensive driving school fund is established consisting of monies collected for the fee established by the supreme court pursuant to section 28-3397....
• § 28-3399 Audit
  The supreme court may require a defensive driving school to be audited for compliance with the requirements of this article.

Article 7.1 Traffic Survival Schools

• § 28-3411 Enforcement; Contract With Private Entity
  A. Subject to title 41, chapter 6, the director shall adopt rules for the administration and enforcement of this article. The director or the...
• § 28-3412 Fee; Enrollment Limitation
  A. Governmental agencies, corporations or individuals that conduct traffic survival school educational sessions approved by the department may collect a fee that is reasonable...
• § 28-3413 License For Schools; Requirements; Fingerprint Clearance Card
  A. A person may not act as a traffic survival school unless the person applies for and obtains from the director a license in...
• § 28-3414 Refusal To Issue Or Renew License Of School
  A. The director may refuse to issue or renew the license for a school if the director determines that the licensee or applicant has...
• § 28-3415 License Expiration; Fees; Disposition
  A. Except as provided in section 32-4301, all licenses expire on the last day of the calendar year and may be renewed on application...
• § 28-3416 Cancellation; Suspension And Revocation Of License; Determination; Appeal
  A. After conducting a hearing, the director may cancel, suspend or revoke the license of a school if the director finds that the licensee...
• § 28-3417 Cease And Desist Orders
  A. If the director has reasonable cause to believe that a traffic survival school licensed pursuant to this article has violated or is violating...
• § 28-3418 Violation; Classification
  A person who violates any provision of this article is guilty of a class 3 misdemeanor.

Article 8 License Violations

• § 28-3471 Violation; Civil Penalty
  A person who violates a provision of this chapter is subject to a civil penalty unless a different classification is provided by law.
• § 28-3472 Renting Or Leasing Motor Vehicle; Restrictions
  A. A person shall not rent or lease a motor vehicle to another person unless either: 1. The other person is licensed to operate...
• § 28-3473 Driving Violations; Classification; Restricted Privilege To Drive
  A. Except as otherwise provided in this subsection, a person who drives a motor vehicle on a public highway when the person's privilege to...
• § 28-3474 Permitting Unauthorized Minor To Drive; Classification
  A person who knowingly causes or permits the person's child or ward or any person under eighteen years of age to drive a motor...
• § 28-3475 Permitting Unauthorized Person To Drive
  A person shall not authorize or knowingly permit a motor vehicle owned by that person or under that person's control to be driven on...
• § 28-3476 Falsification Of License; Classification
  A. A person who intentionally alters, forges or counterfeits a driver license or nonoperating identification license issued by this state, any other state, Canada...
• § 28-3477 False Certification; Renewal Of License By Mail; Classification
  Notwithstanding section 13-2704, a person who makes a false certification on an application for renewal of a driver license by mail authorized by section...
• § 28-3478 Unlawful Use Of License; Classification
  It is a class 2 misdemeanor for a person: 1. To knowingly display, cause or permit to be displayed or have in the person's...
• § 28-3479 Perjury
  A person who makes a false affidavit or who knowingly swears or affirms falsely to a matter or thing required by this chapter to...
• § 28-3480 Operation In Violation Of Restriction; Classification
  A person who operates a motor vehicle in violation of a driver license restriction is guilty of a class 2 misdemeanor.
• § 28-3481 Commercial Motor Vehicle Drivers; Violations; Classification
  A. A person who drives a commercial motor vehicle on a highway in this state without a valid appropriate class of commercial driver license...

Article 9 Vehicle Immobilization, Impoundment and Storage

• § 28-3511 Removal And Immobilization Or Impoundment Of Vehicle; Arizona Crime Information Center Database
  A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that: 1. A...
• § 28-3512 Release Of Vehicle; Civil Penalties; Definition
  A. An immobilizing or impounding agency shall release a vehicle to the registered owner before the end of the thirty day immobilization or impoundment...
• § 28-3513 Administrative Charges
  A. The immobilizing or impounding agency shall establish procedures for immobilization hearings or poststorage hearings, for the release of properly immobilized or impounded vehicles...
• § 28-3514 Hearings; Notice Of Immobilization Or Storage
  A. If a peace officer removes and either immobilizes or impounds a vehicle pursuant to section 28-3511, the immobilizing or impounding agency may provide...
• § 28-3515 Unclaimed Vehicles
  If a claim has not been made for the return or possession of the vehicle by a person legally entitled to the vehicle within...

Chapter 9 VEHICLE INSURANCE AND FINANCIAL RESPONSIBILITY
Article 1 General Provisions

• § 28-4001 Definitions
  In this chapter, unless the context otherwise requires: 1. " Judgment" means a judgment that has become final by expiration without appeal of the...
• § 28-4002 Director; Duties
  The director shall: 1. Administer and enforce this chapter. 2. Print for distribution to the public rules adopted to administer this chapter and furnish...
• § 28-4003 Exceptions
  This chapter does not apply to a motor vehicle that is either: 1. Owned by the United States, this state or a political subdivision...
• § 28-4004 Transfer Of Registration
  This chapter does not: 1. Prevent the owner of a motor vehicle whose registration has been suspended under this chapter from effecting a bona...
• § 28-4005 Past Application
  This chapter does not apply to any accident or judgment arising from an accident or to a violation of the motor vehicle laws of...
• § 28-4006 Legal Processes
  This chapter does not prevent the plaintiff in an action at law from relying for relief on the other processes provided by law.
• § 28-4007 Self‑insurers
  A. Except as provided in subsection E of this section, a person in whose name more than ten motor vehicles are registered or who...
• § 28-4008 Assigned Risk Plans
  A. After consultation with insurance companies authorized to issue motor vehicle liability policies in this state, the director of the department of insurance shall...
• § 28-4009 Motor Vehicle Liability Policy Requirements
  A. An owner's motor vehicle liability policy shall comply with the following: 1. The policy shall designate by explicit description or by appropriate reference...
• § 28-4010 Motor Vehicle Liability Policy; Primary And Excess Coverage
  A. If two or more policies affording valid and collectible motor vehicle liability insurance apply to the same motor vehicle that is involved in...
• § 28-4011 Bonds; Motor Carriers; Amount; Failure Of Security
  A. A self-insurer or partial self-insurer shall file a bond with the director on a form approved by the director with a surety company...

Article 2 Transportation Financial Responsibility

• § 28-4031 Definitions
  In this article, unless the context otherwise requires: 1. " Declared gross weight" has the meaning prescribed in section 28-5431. If a declaration has...
• § 28-4032 Persons Subject To Financial Responsibility Requirements
  A. Notwithstanding any other statute: 1. A person who operates in the furtherance of a commercial enterprise in this state a motor vehicle or...
• § 28-4033 Financial Responsibility Requirements
  A. A person that is subject to the requirements of this article shall maintain motor vehicle combined single limit liability insurance as follows: 1....
• § 28-4034 Maintenance, Certification And Verification Of Financial Requirements
  A. A person who operates a motor vehicle in this state and who is subject to the financial responsibility requirements of this article shall...
• § 28-4036 Violation; Classification
  A person who is subject to the financial responsibility requirements of this article and who operates or causes to be operated a vehicle in...
• § 28-4037 Foreign Vehicles; Exception
  A. Before a vehicle owner or lessor operates in this state a vehicle that is subject to sections 28-2321 through 28-2324 and that has...
• § 28-4038 Transportation Network Services; Financial Responsibility Requirements; Survey
  A. For a transportation network company that requires a transportation network company driver to accept rides that are booked and paid for exclusively through...
• § 28-4039 Taxi, Livery Vehicle Or Limousine; Financial Responsibility
  A. Motor vehicle liability insurance for a taxi, livery vehicle or limousine may be maintained as follows: 1. During the time in which the...

Article 3 Proof of Financial Responsibility for the Future

• § 28-4071 Nonpayment Of Judgments; Report
  A. If a person fails to satisfy a judgment within sixty days, on written request of the judgment creditor or the judgment creditor's legal...
• § 28-4072 Nonpayment Of Judgments; Suspension; Exceptions
  A. On receipt of a certified copy of a judgment, the director shall immediately suspend the license and registration and nonresident operating privilege of...
• § 28-4073 Suspension Length; Reinstatement; Designated Fund
  A. The license, registration and nonresident operating privilege shall remain suspended and the director shall not renew or issue a license or registration in...
• § 28-4074 Payments; Satisfaction Of Judgments
  A. For the purpose of this chapter only, a judgment referred to in this article is deemed satisfied on compliance with one of the...
• § 28-4075 Installment Payment Of Judgments; Default
  A. On due notice to the judgment creditor, a judgment debtor may apply to the court in which the judgment was rendered for the...
• § 28-4076 Alternate Methods Of Proof
  If required by this chapter, a person may give proof of financial responsibility by filing one of the following: 1. A certificate of insurance...
• § 28-4077 Certificate Of Insurance
  A. A person may give proof of financial responsibility by filing with the director the written certificate of an insurance carrier duly authorized to...
• § 28-4078 Certificate By Nonresident
  A. A nonresident owner of a motor vehicle that is not registered in this state may give proof of financial responsibility by filing with...
• § 28-4081 Notice; Cancellation Or Termination Of Policy
  If an insurance carrier has certified a motor vehicle liability policy under section 28-4077 or 28-4078, the insurance carrier shall not cancel or terminate...
• § 28-4082 Applicability To Other Policies
  A. This chapter does not apply to or affect policies of motor vehicle insurance against liability that are required by any other law of...
• § 28-4084 Monies Or Certificates Of Deposit As Proof; Exception
  A. The state treasurer may issue a certificate that gives evidence of proof of financial responsibility that the person named in the certificate has...
• § 28-4085 Proof By Owner For Others
  If a person required to give proof of financial responsibility under this chapter is or later becomes either an operator in the employ of...
• § 28-4086 Substitution Of Proof
  The director shall consent to the cancellation of a certificate of insurance or shall direct and the state treasurer shall return any monies or...
• § 28-4087 Requirement Of Other Proof
  If proof of financial responsibility filed under this chapter no longer fulfills the purposes for which the proof is required, the director shall both:...
• § 28-4088 Duration, Cancellation And Return Of Proof
  A. On request, the director shall either: 1. Consent to the immediate cancellation of a certificate of insurance. 2. Direct and the state treasurer...

Article 4 Mandatory Motor Vehicle Insurance

• § 28-4131 Definition Of Evidence
  In this article, unless the context otherwise requires, " evidence" includes: 1. An original, a photocopy or a copy of a current and valid:...
• § 28-4132 Financial Responsibility Requirement Exemptions
  This article does not apply to the owner or operator of any: 1. Farm tractor. 2. Trailer used solely in the operation of a...
• § 28-4133 Insurance Identification Cards; Documentary Evidence; Exception
  A. An authorized insurer shall issue at least two motor vehicle insurance identification cards for a motor vehicle or automobile liability policy that meets...
• § 28-4134 Law Enforcement Officer Responsibilities
  A. On the investigation of a motor vehicle accident or an alleged violation of the motor vehicle laws of this state or a traffic...
• § 28-4135 Motor Vehicle Financial Responsibility Requirement; Civil Penalties; Evidence At Hearing
  A. A motor vehicle that is operated on a highway in this state shall be covered by one of the following: 1. A motor...
• § 28-4137 Reduction Or Waiver Of Penalty; Rules
  A. The court may reduce or waive the penalty imposed for a violation of section 28-4135 if the person subject to the penalty presents...
• § 28-4138 Charges Of Violations
  A. A person may be charged for a violation of section 28-4135, subsection A or B, or both. Only one penalty shall be imposed...
• § 28-4139 License Plate Display Violation; Civil Penalty; Disposition
  A. Display of a license plate on a motor vehicle if the registration or license plate has been suspended pursuant to this article shall...
• § 28-4140 Commencement Of Action For Violation
  Notwithstanding section 28-1592, subsection B, a civil traffic violation case pursuant to this article may be commenced within one year of the alleged violation.
• § 28-4141 Suspension Of License, Registration And License Plates
  A. On imposing a civil penalty for a violation of this article, the court may, if the violation is the first violation within a...
• § 28-4142 Vehicle Registration; Financial Responsibility Verifications; Exception; Violation; Classification
  A. A person applying for initial registration or renewal of registration of a motor vehicle required to be registered pursuant to chapter 7 of...
• § 28-4143 Vehicle Accident; Financial Responsibility Verification; Suspension
  A. To ensure compliance with this article, the department may verify the financial responsibility of the owner of a motor vehicle involved in an...
• § 28-4144 Notice; Suspension; Reinstatement Fees
  A. If the owner's response to a mailing pursuant to section 28-4143 indicates that the motor vehicle does not meet the financial responsibility requirement...
• § 28-4145 Restricted License And Registration; Rules
  A. A person whose driver license, registration and license plate have been suspended pursuant to section 28-4143 or 28-4144 may apply to the department...
• § 28-4146 Immunity
  Any insurer, insurer's employees or agents or other person is not civilly liable for reports made to the department under section 28-4143 or 28-4144...
• § 28-4147 Service Of Notice
  The department shall send written notice to the owner or lessee of a motor vehicle registered pursuant to chapter 7 of this title of...
• § 28-4148 Notice Of Insurance Cancellation Or Nonrenewal
  A. Effective from and after January 1, 1998 and through July 31, 1998, each insurer who cancels or becomes aware of the cancellation or...
• § 28-4149 Suspension; Notice Of Intent
  A. If the department determines from information provided by an insurer or department records that a motor vehicle liability policy has been cancelled or...
• § 28-4150 Effect Of Suspension On Contract
  The suspension of a motor vehicle registration pursuant to this article does not establish grounds for the rescission or invalidity of a contract or...
• § 28-4151 Reinstatement Fee; Motor Vehicle Liability Insurance Enforcement Fund
  A. A person shall pay a fee of not more than fifty dollars for the reinstatement of a motor vehicle registration and license plate...
• § 28-4152 Nonoperation Of Vehicle On Highways Of This State; Exception; Certification
  A. A vehicle owner or lessee who does not operate a vehicle on a highway of this state is not required to meet the...
• § 28-4153 False Certification Or Affirmation; Violation; Classification; Suspension; Fees
  A. A person who makes a false certification or affirms falsely to any matter or thing required by section 28-4152 to be certified or...

Chapter 10 VEHICLE DEALERS, AUTOMOTIVE RECYCLERS AND TRANSPORTERS
Article 1 General Provisions

• § 28-4301 Definitions
  In this chapter, unless the context otherwise requires: 1. " Area of responsibility" means the area surrounding an individual dealer that the factory designates...
• § 28-4302 Fees; Disposition
  A. The following fees are required: 1. For filing each application for a dealer's, manufacturer's, importer's, distributor's, factory branch's, distributor branch's, automotive recycler's or...
• § 28-4303 Administration
  The director shall supervise and regulate all persons required by this chapter to be licensed. In the supervision and regulation required by this section,...
• § 28-4304 Dealer And Registration Monies; Deposit
  Monies collected by the director for the following shall be deposited in the state highway fund established by section 28-6991: 1. Civil penalties and...
• § 28-4306 Jurisdiction; Service Of Process; Arbitration; Venue
  A. A court of this state may exercise jurisdiction over a manufacturer, corporation, importer or distributor that has been granted a license under this...
• § 28-4307 Civil Damages
  A dealer who suffers a pecuniary loss or who is otherwise adversely affected because of a violation of this chapter by a manufacturer or...
• § 28-4308 Prohibition; Applicability
  A. A manufacturer, distributor, factory branch, distributor branch, motor vehicle dealer or automotive recycler shall not engage in business except in accordance with the...

Article 2 Licensing Requirements

• § 28-4332 Limited Exemption; Definitions
  A. The director shall grant an exemption from the new or used house trailer dealer licensing requirements of this chapter if the person claiming...
• § 28-4333 Licensing Requirement; Exemptions
  A. A new motor vehicle shall not be sold in this state unless either the manufacturer on direct dealerships of domestic vehicles, the importer...
• § 28-4334 License Requirement; Established Place Of Business; Unimproved Lots And Premises; Violation; Classification
  A. Except as provided in sections 28-4335, 28-4401 and 28-4402, a person shall not engage in any business regulated by this chapter except from...
• § 28-4335 Wholesale Motor Vehicle Dealer Or Broker
  A. A wholesale motor vehicle dealer or a broker: 1. Is required to be licensed pursuant to this chapter. 2. Is not required to...
• § 28-4336 Separate Licenses And Permits
  A. A branch licensee shall obtain a separate branch license for each place of business at which a licensee transacts business other than the...

Article 3 Licensing Procedures

• § 28-4361 License Application; Criminal Records Check
  A. A person shall apply for a license to the director in writing on forms prescribed by the director. The person shall include with...
• § 28-4362 Application; Fee; Bond
  Applications shall be accompanied by: 1. The filing fees prescribed in section 28-4302, and each licensee shall pay the annual license fee prescribed in...
• § 28-4363 Franchises; Filing Agreement; Violation; Classification
  A. At the time a franchisee applies for a license, the franchisee shall file with the director a certified copy of the franchisee's written...
• § 28-4364 Investigations; Inspections
  A. On the filing of the application for a license, the director shall: 1. Investigate the matters set forth in the license application. 2....
• § 28-4365 Action On Application; Denial; Immunity From Costs
  A. Within twenty days after completion of the criminal records check, the director shall approve or deny the application for the issuance of a...
• § 28-4366 Hearing On Application; Appeal
  A. Within thirty days after receipt of the notice of denial, the applicant may petition the director in writing for a hearing on the...

Article 4 Vehicle Dealer Requirements and Restrictions

• § 28-4401 Off‑premises Exhibition, Off‑premises Display And Sales And Special Event Permits; Parking Motor Vehicle For Sale On Public Property; Prohibition; Defaced Vehicle Identification Number; Mandatory Immobilization Or Impoundment
  A. A licensed motor vehicle dealer may conduct an off-premises exhibition, an off-premises display and sales or a special event by permit. B. An...
• § 28-4402 Recreational Vehicles; Public Events; Permits
  A. A motor vehicle dealer who is licensed to sell only recreational vehicles as defined in section 28-3102 and who is the only franchisee...
• § 28-4403 Record Requirements; Motor Vehicle Information; Inspection; Liability; Electronic Submission
  A. A licensee shall keep and maintain at the licensee's established place of business, or place of business if the licensee is a broker...
• § 28-4404 Record Requirements; Vehicles And Parts; Electronic Submission; Violation; Classification
  A. Each licensee shall keep and maintain at the licensee's place of business, or at each of the licensee's places of business if the...
• § 28-4405 Display Of License; Continuation Date; Late Penalty
  A. A license issued under this chapter: 1. Shall be conspicuously displayed in either: (a) The established place of business for which it was...
• § 28-4406 Sign Requirements
  A. Each motor vehicle dealer and automotive recycler shall erect and maintain at the entrance to the motor vehicle dealer's or automotive recycler's established...
• § 28-4407 Business Hours; Notice Of Change
  Each person issued a license pursuant to this chapter shall: 1. Include business hours on each renewal application. 2. Provide written notice of any...
• § 28-4408 Change In Place Of Business
  Before a licensee moves from one established place of business to another, or from one place of business to another if the licensee is...
• § 28-4409 Evidence Of Ownership Requirement; Exception
  A. Except as provided in section 28-4410: 1. Each dealer in motor vehicles, trailers and semitrailers, including manufacturers who sell to other than dealers,...
• § 28-4410 Consignment Contracts; Definitions
  A. A dealer in motor vehicles, trailers and semitrailers may possess and offer for sale a motor vehicle, trailer or semitrailer without having a...
• § 28-4410.01 Public Consignment Auction Dealers; Exemptions; Notices; Requirements; Penalties; Payment Of Taxes; Wholesale Motor Vehicle Dealer Prohibition
  A. A public consignment auction dealer is exempt from the following: 1. An implied warranty of merchantability described in section 28-4412, subsection B and...
• § 28-4411 Damage To New Motor Vehicles; Disclosure; Definition
  A. Except as provided in subsection B: 1. A manufacturer shall disclose in writing to a new motor vehicle dealer damage to a new...
• § 28-4412 Guaranty Disclosure; Used Motor Vehicles; Definition
  A. Before the consummation of the sale of a used motor vehicle, a motor vehicle dealer shall: 1. Provide each purchaser with a written...
• § 28-4413 Prohibiting Ownership, Operation Or Control Of A Warranty Service Facility; Exception; Objections
  A. A manufacturer, factory branch, distributor or distributor branch or a subsidiary of a manufacturer, factory branch, distributor or distributor branch shall not directly...
• § 28-4414 Alternative Fuel Vehicles; Definition
  A. A new motor vehicle dealer shall make available to the public information on alternative fuel vehicles and incentives in this state for purchasing...
• § 28-4415 Advertising
  A. A broker shall not advertise or offer for sale or exchange any specific motor vehicle. B. A motor vehicle dealer shall not advertise...
• § 28-4416 Deposits
  A broker shall only accept a purchase deposit that is made payable to a motor vehicle dealer. A broker shall not accept a purchase...
• § 28-4417 Required Disclosures On Sales Contracts
  A motor vehicle dealer shall disclose in a clear and conspicuous manner on any contract for the sale of a motor vehicle to a...
• § 28-4418 Warranties And Rebates In Broker Transactions
  A. A manufacturer or distributor shall not dishonor a warranty, rebate or other incentive offered to the public or a motor vehicle dealer in...
• § 28-4419 Required And Prohibited Activities
  If providing a service of arranging or assisting in effecting the purchase of a motor vehicle by a retail consumer, a broker or motor...
• § 28-4420 Contents Of Brokering Agreement
  A brokering agreement shall contain the following terms, conditions, requirements and disclosures: 1. The name, address, license number and telephone number of the broker....
• § 28-4421 Selling Dealer's Duties
  A. For purposes of title, registration, warranties, rebates and incentives in a brokered sale of a new motor vehicle to a retail consumer, the...
• § 28-4422 Resale Of New Motor Vehicles
  A motor vehicle dealer may resell a new motor vehicle if all of the following apply: 1. A certificate of title is not transferred...
• § 28-4423 Wholesale Motor Vehicle Auction Dealers; Sign; Title Stamp
  Each wholesale motor vehicle auction dealer shall: 1. Conspicuously post at the wholesale motor vehicle auction dealer's established place of business a sign that...

Article 5 Franchise Regulation

• § 28-4451 Product Liability; Audits; Vehicle Exports
  A. Each manufacturer shall file with the director a copy of the delivery and preparation obligations required to be performed by a dealer before...
• § 28-4452 Limitations; Franchise Establishment, Cancellation, Termination Or Nonrenewal
  A. Notwithstanding the terms, provisions or conditions of an agreement or franchise, a franchisor shall not cancel, terminate or refuse to renew a franchise...
• § 28-4453 Franchise; Notice Of Intention
  A. If a franchisor seeks to enter into a franchise establishing an additional new motor vehicle dealership of the same line-make, the franchisor shall,...
• § 28-4454 Objection To Approval Of Notice
  A. A person who receives or is entitled to receive a copy of a notice provided for in section 28-4453 may object to the...
• § 28-4455 Determination Of Standing; Failure To Object
  A. If the director intends to determine that the objector has established both of the reasons prescribed by section 28-4454, subsection B, the director...
• § 28-4456 Hearing On Objection; Appeal
  A. If a timely objection has been filed and, if the objection is to the establishment of a new motor vehicle dealership, the objection...
• § 28-4457 Franchise Termination, Cancellation Or Nonrenewal; Good Cause; Changes
  A. Notwithstanding the terms, provisions or conditions of an agreement or franchise, the following are not good cause for the termination, cancellation or nonrenewal...
• § 28-4458 Coercion Prohibited
  A. A manufacturer of new motor vehicles, factory branch, distributor, distributor branch, field representative, officer or agent or any representative of a manufacturer of...
• § 28-4459 Manufacturer Or Distributor Right Of First Refusal
  If a change of all, or substantially all, ownership of a new motor vehicle dealership or transfer of all, or substantially all, dealership assets...
• § 28-4460 Factories; Competition Or Unfair Discrimination Prohibited; Definitions
  A. A factory shall not directly or indirectly compete with or unfairly discriminate among its dealers. B. Competing with or unfair discrimination includes any...
• § 28-4461 Right Of Designated Family Member To Succeed In Ownership
  A. Any owner of a new motor vehicle dealer may appoint by will or any other written instrument that is approved by the manufacturer...
• § 28-4462 Refusal To Honor Succession To Ownership; Notice Required
  A. If a manufacturer believes that good cause exists for refusing to honor the succession to ownership interest of the owner of a new...
• § 28-4463 Burden Of Proof And Consideration
  In determining whether good cause for the refusal to honor the succession exists, the manufacturer: 1. Has the burden of proving that the successor...

Article 6 License Regulation

• § 28-4491 Enforcement Powers
  Notwithstanding sections 28-4494 and 28-4495, in the enforcement of any law pertaining to licensed or unlicensed dealers or automotive recyclers, the director may conduct...
• § 28-4492 Appeal
  Decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.
• § 28-4493 Cancellation Or Suspension; Grounds
  A. The director may suspend or cancel the license, off-premises exhibition permit, off-premises display and sales permit or special event permit of any licensee...
• § 28-4494 License Suspension Or Cancellation; Hearing
  A. On determining that grounds for suspension or cancellation of a license exist, the director shall give notice of the grounds to the licensee...
• § 28-4495 Permits; Cancellation; Cease And Desist Order; Hearing
  A. Notwithstanding any other law, if the licensee or exhibitor is conducting an off-premises exhibition, off-premises display and sale or special event pursuant to...
• § 28-4496 Licensed Dealer Or Automotive Recycler; Hearing; Civil Penalty
  A. Notwithstanding section 28-4495, the director may conduct a hearing pursuant to section 28-4491 if the director alleges that a licensed motor vehicle dealer...
• § 28-4497 Action To Restrain Violation By Licensee
  If the director has reasonable cause to believe that a licensee has violated or is violating any law of this state that the director...
• § 28-4498 Licensed Dealer And Automotive Recycler; Cease And Desist Order; Request For Hearing
  A. If the director has reasonable cause to believe from an investigation made by the director that a licensed motor vehicle dealer or automotive...
• § 28-4499 Unlicensed Dealer And Automotive Recycler; Cease And Desist Order; Hearing
  A. If the director has reasonable cause to believe from information furnished to the director or from an investigation made by the director that...
• § 28-4500 Unlicensed Dealer And Automotive Recycler; Hearing; Civil Penalty; Suspension Of Motor Vehicle Registrations; Reinstatement Fee
  A. The director shall conduct a hearing pursuant to section 28-4491 if an officer authorized to enforce this chapter alleges that a person refuses...
• § 28-4501 Licensed Or Unlicensed Dealer And Automotive Recycler; Civil Penalty; Transaction Privilege Taxes
  A. Notwithstanding the suspension authorized by section 28-4500, if the director finds that a person is in violation of the licensing provisions of this...
• § 28-4502 Used Motor Vehicle Dealer; Violation; Classification
  In addition to the penalties provided in sections 28-4499, 28-4500 and 28-4501, a person who acts as a used motor vehicle dealer in violation...
• § 28-4503 Out-Of-business Cancellations; Hearing
  A. Notwithstanding section 28-4494, If the department documents that a licensee has ceased operating as a motor vehicle dealer, the department may cancel the...

Article 7 Dealer and Manufacturer License Plates

• § 28-4531 Definitions
  In this article, unless the context otherwise requires: 1. " Cargo" means commercial or industrial items but does not include personal items such as...
• § 28-4532 Dealer Owned Vehicles; Registration Exemption; Use Of Dealer Plates; Civil Penalty
  A. A vehicle that is owned by a dealer and that is otherwise required to be registered is exempt from registration while the vehicle...
• § 28-4533 Dealer's Certificate; Dealer License Plates; Fees
  A. A dealer may apply to the department, on a form provided for that purpose, for a dealer's certificate containing a general distinguishing number....
• § 28-4534 Continuation Date; Delinquent Fee; Penalty
  A. In order to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year, the director may provide...
• § 28-4535 Dealer Records; Replacement; Fee
  A. A dealer shall keep a written record of the vehicles on which the dealer license plate or plates are used and the person...
• § 28-4536 Authority To Operate Vehicle With Cargo
  If a valid demonstration of a vehicle cannot be accomplished without hauling cargo on the vehicle, the director may issue, on written application, special...
• § 28-4537 Rules
  The director shall adopt rules for the enforcement and administration of sections 28-4532 through 28-4536.
• § 28-4538 Suspension Of Dealer And Manufacturer License Plates
  A. The department shall suspend the use of any or all of the dealer license plates issued to a dealer for not more than...
• § 28-4539 Manufacturer Unladen Truck And Passenger Vehicles; Registration Exemption
  A. An unladen truck or passenger vehicle that is owned by a manufacturer and that is of a type otherwise required to be registered...
• § 28-4540 Manufacturer Unladen Vehicle Test License Plates And Certificate; Fee
  A. A manufacturer may obtain a general distinguishing number and one or more pairs of unladen vehicle test license plates or single test plates...
• § 28-4541 Continuation Date; Delinquent Fee Due From Manufacturer; Penalty
  A. In order to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year, the director may provide...
• § 28-4542 Manufacturer Records; Replacement; Fee
  A. A manufacturer shall keep a written record of the vehicles on which the unladen vehicle test license plate or plates are used and...
• § 28-4543 Rules; Manufacturer Unladen Vehicle Test License Plates; Suspension Of Use
  A. The director shall adopt rules for the enforcement and administration of sections 28-4539 through 28-4542. B. The rules shall provide for the suspension...
• § 28-4544 Manufacturer Laden Vehicle Test License Plates; Fees
  A. For the purposes of testing laden vehicles designed for the transportation of cargo, a manufacturer may obtain a manufacturer laden vehicle test license...
• § 28-4545 Manufacturer's And Dealer's Permit To Move Without License Plates
  A manufacturer of motor vehicles, trailers or semitrailers may operate or move the vehicles for a distance of seventy-five miles and a dealer in...
• § 28-4546 Temporary Registration Plates
  A. The director may issue to new motor vehicle dealers and used motor vehicle dealers temporary registration plates that dealers may issue subject to...
• § 28-4547 Requirements For Temporary Registration Plates
  A. A dealer shall not: 1. Issue, assign or deliver temporary registration plates to anyone other than a bona fide purchaser of a vehicle...
• § 28-4548 Issuance Of Temporary Registration Permits By Manufacturers Or Dealers
  Notwithstanding section 28-4547, the director may furnish to licensed manufacturers or new motor vehicle dealers temporary registration permits that the manufacturer or dealer may...
• § 28-4549 Electronic Record Of Temporary Registration As Notice Of Transfer; Fee
  A dealer who issues temporary registration plates shall send to the department through an authorized third party or the department's authorized third party electronic...
• § 28-4550 Temporary Registration Plate
  A person who issues temporary registration plates shall affix or insert, clearly and indelibly, on the face of each temporary registration plate the date...
• § 28-4551 Expiration Of Temporary Registration
  A. A temporary registration plate expires and is void on receipt of a license plate provided pursuant to section 28-2351 or a year validating...
• § 28-4552 Dealer Records; Temporary Registration Plates
  A. A dealer to whom temporary registration plates are issued shall maintain in permanent form a record of all temporary registration plates delivered to...
• § 28-4553 Temporary Registration Plates; Violation; Classification
  A. A dealer shall not lend to a person or use on a vehicle that the dealer owns temporary registration plates. B. A person...
• § 28-4554 Suspension Of Issuance Of Temporary Registration Plates
  A. If the director finds that a dealer has not complied with sections 28-4546 through 28-4553 or the directions of the director, the director...
• § 28-4555 Notice Of Vehicle Transfer
  A manufacturer, dealer, distributor, factory branch, distributor branch, field representative or officer or an agent or representative of a manufacturer, dealer, distributor, factory branch,...
• § 28-4556 Disposition Of Fees; Highway User Revenue Fund
  Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees collected under this article in the...

Article 8 Violations

• § 28-4591 Violation; Classification
  A person who violates this article or articles 1 through 7 of this chapter is guilty of a class 3 misdemeanor unless another classification...
• § 28-4592 License Assignment Prohibited; Classification
  A licensee who assigns a license to another person is guilty of a class 1 misdemeanor.
• § 28-4593 Altering A Serial Or Identification Number; Classification
  A. A person who knowingly removes, defaces, alters or destroys a manufacturer's serial or identification number of a motor vehicle or major component part...
• § 28-4594 Altered Serial Or Identification Number; Contraband; Seizure; Disposition
  A. Except if a manufacturer's serial or identification number of a motor vehicle or major component part of a vehicle is removed, defaced, altered...
• § 28-4595 Verified Claim Disputing Contraband Status; Hearing; Disposition
  A. Within thirty days after the date of service of the notice required by section 28-4594, any person claiming an interest in the item...

Article 9 Transporter License Plates

• § 28-4621 Definitions
  In this article, unless the context otherwise requires: 1. " Driveaway or towaway methods" means the transportation service rendered by a transporter by which...
• § 28-4622 Exceptions
  This article does not apply to work or service vehicles that are owned or operated by a transporter or that are hauled by the...
• § 28-4623 Transporter Certificate; Transporter License Plates And Tabs
  A. A transporter may apply to the department on the appropriate form for a certificate containing a general distinguishing number and for two or...
• § 28-4624 Vehicles With Transporter License Plates; Registration Exemption
  Notwithstanding any other law, a transporter may operate, move or transport a vehicle that is not the transporter's own and that is otherwise required...
• § 28-4625 Display Of Transporter License Plates
  A. If a transporter operates one vehicle singly, the vehicle shall display a transporter license plate on the front of the vehicle. B. If...
• § 28-4626 Transporter Records
  A. A transporter shall keep a written record of the vehicles on which the plates are used and of the date of use. The...
• § 28-4627 Suspension Or Revocation; Reissue
  A. After an impartial investigation, the director may notify a transporter who is allegedly violating this article of a hearing to be held before...
• § 28-4628 Violation; Classification
  A person who violates a provision of this article or a person who wrongfully uses or permits wrongful use of the privileges of this...
• § 28-4629 Fees
  A. The following fees are required: 1. For the registration certificate and the first two transporter license plates or tabs issued to a transporter,...
• § 28-4630 Election For Limited Operation Transporters
  In lieu of complying with this article, a transporter that has a limited operation may elect to comply with all other applicable statutes.
• § 28-4631 Transfer Prohibited
  The certificate and transporter license plates and tabs issued pursuant to this article are not transferable from the applicant and holder to any other
• § 28-4632 Deposit Of Monies
  The director shall deposit, pursuant to sections 35-146 and 35-147, monies received or collected by the director pursuant to this article in the Arizona...

Chapter 11 ABANDONED, SEIZED AND JUNK VEHICLES
Article 1 General Provisions

• § 28-4801 Definitions
  In this chapter, unless the context otherwise requires: 1. " Abandoned vehicle" means a vehicle, trailer or semitrailer that is of a type subject...
• § 28-4802 Fees
  A. Except as provided in subsection B of this section, the owner of record of a vehicle at the time of abandonment of the...
• § 28-4803 Public Vehicle; Fee Exemption
  Fees as prescribed in this title shall not be collected if the transfer of ownership is in the name of a state agency or...
• § 28-4804 Abandoned Vehicle Administration Monies; Deposit
  The department may receive monies pursuant to section 28-4802 and all monies collected pursuant to this chapter for deposit in the state highway fund...
• § 28-4805 Towing Company; Reimbursement
  If a vehicle is abandoned pursuant to section 28-4802 on national forest, state park, bureau of land management or state trust land and a...

Article 2 Regulation

• § 28-4831 Abandonment Prohibited
  A person shall not abandon a vehicle on any street or highway or on any other public, federal, state trust, national forest, state park...
• § 28-4832 Exemption
  A motor vehicle eligible for licensing pursuant to chapter 7, article 14 of this title or section 28-2411 is not an abandoned vehicle and...
• § 28-4833 Local Ordinances
  Subject to the limitations imposed by section 28-4832, an incorporated city or town may provide by ordinance for the removal and custody of abandoned...
• § 28-4834 Vehicle Removal
  A. An officer who has reasonable grounds to believe that a vehicle has been lost, stolen, abandoned or otherwise unclaimed may remove or cause...
• § 28-4835 Presumption Of Responsibility
  The abandonment of a vehicle in a manner provided in this chapter is a presumption that the last registered owner of record is responsible...
• § 28-4836 Towed Vehicles; Notification; Arizona Crime Information Center Database; Violation; Classification
  A. Except if acting under the direction of a peace officer, a person who moves or tows a vehicle into a public garage, parking...
• § 28-4837 Towing And Storage Costs
  A. The public agency employing an officer who has removed or causes the removal of a vehicle under this chapter is not liable for...
• § 28-4838 Report; Abandoned And Seized Vehicles; Violation; Classification
  A. A person who has knowledge and custody of a vehicle that is either lost, stolen, abandoned or otherwise unclaimed, that has been seized...
• § 28-4839 Report; Vehicle Abandoned In Storage; Violation; Classification; Disposition
  A. A vehicle that is left in a public garage or parking lot for storage or parking more than ten days, that has not...
• § 28-4840 Report; Vehicle Abandoned In Repair Facility; Disposition
  A. A vehicle that is left in a repair facility operated for commercial purposes for more than ten days after notice to pick up...
• § 28-4841 Abandoned Vehicle; Notice Of Intent To Transfer Vehicle
  A. On receipt of a report as required by this chapter the director shall determine the name and address of the owner and lienholder,...
• § 28-4842 Unclaimed Vehicle; Transfer Of Ownership; Immunity
  A. If a vehicle remains unclaimed at the expiration of the dates prescribed in section 28-4841, subsections B and C, the director shall make...
• § 28-4843 Reclaimed Vehicle; Payment Of Costs
  Except as provided in section 28-4834, on proof by the person in possession of an abandoned vehicle that notice of the abandonment and intention...
• § 28-4844 Affidavit; Stolen Vehicle; Suspension Of Registration
  A. When the owner of a motor vehicle, trailer or semitrailer that is stolen or embezzled files an affidavit with the department alleging the...
• § 28-4845 Stolen And Recovered Vehicles; Record And Report; Distribution
  A. The director of the department of public safety shall maintain a record of stolen and recovered vehicles. On request by any law enforcement...
• § 28-4846 Stolen Vehicles; Inspection; Violation; Classification
  A. For the purposes of enforcing this title or locating stolen vehicles or parts of those vehicles, peace officers may: 1. Inspect a vehicle...
• § 28-4847 Insurance Companies; Release; Fees; Vehicle Repair Facilities; Applicability; Local Laws Violation; Classification; Definitions
  A. A towing company shall release a towed vehicle to a person designated in writing by an insurance company during normal business hours on...
• § 28-4848 Access To Vehicle; Ignition Interlock Device Installer; Lienholder; Fee Prohibited; Violation; Classification
  A. A towing company, storage yard, facility or person that has physical possession of a vehicle that was removed pursuant to section 9-499.05, 11-251.04...

Article 3 Junk Vehicles

• § 28-4881 Definition Of Junk Vehicle
  For the purposes of this article, " junk vehicle" means a vehicle that is in such a state of deterioration that it cannot be...
• § 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...
• § 28-4883 Vehicle Crusher Required
  A. The junk vehicle shall not be restored or dismantled for parts for resale but shall be disposed of by a vehicle crusher. The...
• § 28-4884 Destroyed Vehicles; Certificates Of Title
  A. On receipt of the written authorization, documents, license plates and information prescribed in section 28-4883, the department shall void the certificate of title...

Chapter 13 AUTHORIZED THIRD PARTIES
Article 1 General Provisions

• § 28-5100 Definitions
  In this article, unless the context otherwise requires: 1. " Authorized third party" means an entity that has executed a written agreement and is...
• § 28-5101 Third Party Authorization
  A. The director may authorize third parties to perform certain of the following functions: 1. Title and registration. 2. Motor carrier licensing and tax...
• § 28-5101.01 Authorized Third Party Driver License Providers; Requirements
  A. Beginning on or before June 1, 2014, except as provided in section 28-5101.03, an authorized third party driver license provider must perform both...
• § 28-5101.02 Authorized Third Party Driver License Training Providers; Requirements; Applicability
  A. Beginning July 1, 2014, a person must be an authorized third party driver license training provider to perform driver license training. B. A...
• § 28-5101.03 Authorized Third Party Commercial Driver License Examiners; Requirements
  A. Beginning July 1, 2014, a person must be a separately authorized third party commercial driver license examiner to perform commercial driver license skills...
• § 28-5102 Powers And Duties Of Director
  A. The director shall: 1. Supervise and regulate all persons required by this article to obtain authorization. 2. Establish minimum quality standards of service...
• § 28-5103 Application Procedure
  A. A person may apply for authorization or certification, or both, pursuant to this article to the director in writing on a form prescribed...
• § 28-5104 Bond Requirement
  A. Except as provided in sections 28-5101.01 and 28-5101.02, a person who applies for authorization pursuant to this article shall submit with the application...
• § 28-5105 Criminal Record Check; Denial Of Application; Immunity From Costs
  A. Each applicant who owns twenty per cent or more of an entity, and each partner or stockholder who owns twenty per cent or...
• § 28-5106 Records
  A third party who is authorized pursuant to this article shall: 1. Maintain records in a form and manner prescribed by the director. 2....
• § 28-5107 Application Denial; Hearing; Appeal
  A. The director may deny an application for third party authorization or certification, or both, under this article and shall advise the applicant in...
• § 28-5108 Cancellation Or Suspension Of Authorization Or Certification; Hearing; Appeal
  A. The director may suspend or cancel an authorization or certification, or both, granted pursuant to this article if the director determines that the...
• § 28-5109 Cease And Desist Order
  A. If the director has reasonable cause to believe that a person who is authorized as a third party pursuant to this article or...
• § 28-5110 Action To Restrain Violation
  If the director has reasonable cause to believe that a person authorized under this article is violating any law of this state, the enforcement...
• § 28-5111 Electronic Transmission And Recording Of Title, Registration And Driver License; Pilot Program; Authorized Third Party
  A. The director may establish a pilot program to measure and determine the effectiveness of the following in improving customer service, operations, capital cost...

Chapter 14 MOTOR CARRIER SAFETY
Article 1 General Provisions

• § 28-5201 Definitions
  In this chapter, unless the context otherwise requires: 1. " Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is...
• § 28-5202 Applicability
  A. Except as otherwise provided, this chapter applies to all commercial motor vehicles, commercial motor vehicle combinations and manufacturers, shippers, motor carriers and drivers...
• § 28-5203 Motor Carrier Safety Revolving Fund
  A. A motor carrier safety revolving fund is established consisting of monies appropriated to the fund by the legislature, monies deposited pursuant to this...
• § 28-5204 Administration And Enforcement; Rules
  A. In the administration and enforcement of this chapter, the department of transportation shall adopt: 1. Reasonable rules it deems proper governing the safety...

Article 2 Regulation

• § 28-5231 Records Requirements; Inspection
  A. For the purpose of enforcement of this chapter, a manufacturer, shipper and motor carrier shall maintain and keep within this state books, records...
• § 28-5232 Danger To Public Safety; Suspension Of Registration Or License; Civil Penalty; Hearing; Reinstatement
  A. If after reviewing a report submitted by a law enforcement agency authorized to enforce this chapter the director determines that probable cause exists...
• § 28-5234 Exemption From Rules On Drivers' Qualification And Hours Of Service; Definitions
  A. If the department adopts 49 Code of Federal Regulations parts 390 through 397 as a rule, a telecommunications corporation engaged in rendering public...
• § 28-5235 Notification; Denial Of Vehicle Registration And Operating Privileges; Audits
  A. A person who owns or leases a vehicle transporting hazardous materials, hazardous substances or hazardous wastes shall notify the director of all vehicles...
• § 28-5236 Violations; Inspection; Material Containment
  A. A person shall not operate a vehicle that transports hazardous materials, hazardous substances or hazardous wastes on a highway in this state unless...
• § 28-5237 Noncompliance; Hearing; Suspension Of Registration Or License; Civil Penalty
  A. The director may conduct a hearing if a law enforcement agency authorized to enforce this chapter alleges that probable cause exists that a...
• § 28-5238 Civil Penalty Schedule; Suspension Of Registration Or License; Reinstatement; Enforcement
  A. If the director imposes a civil penalty on the manufacturer, motor carrier, shipper or driver, the civil penalty is determined pursuant to the...
• § 28-5239 Judicial Review
  Decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6. The court shall consider only evidence that...
• § 28-5240 Violation; Classification; Attorney General Enforcement
  A. In addition to civil penalties imposed under this chapter, a motor carrier, shipper or manufacturer who operates or causes to be operated a...
• § 28-5241 Out‑of‑service Orders; Violation; Civil Penalty; Definition
  A. A motor carrier shall not require or permit a driver: 1. To operate a commercial motor vehicle that is subject to an out-of-service...
• § 28-5242 Registration Requirements; Interstate Or Foreign Commerce; Enforcement; Violations; Classification
  A. A motor carrier shall not operate in this state a motor vehicle involved in interstate or foreign commerce or require or allow a...
• § 28-5243 Railroad Crossing Violations; Civil Penalty
  A. A motor carrier shall not knowingly require, authorize or permit a driver to violate any federal, state or local railroad crossing law, ordinance...
• § 28-5244 Motor Carriers; Civil Penalty; Definition
  A. Notwithstanding any other law, A foreign motor carrier or foreign private motor carrier that is required to have a certificate of registration issued...
• § 28-5245 Violation; Civil Penalty
  Notwithstanding section 28-5240, an equipment violation of this chapter or any rule adopted pursuant to this chapter is a civil traffic violation unless the...

Chapter 15 FEES
Article 1 General Provisions

• § 28-5401 Disposition Of Fees
  Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees and taxes collected under this chapter...

Article 2 Gross Weight Fees

• § 28-5431 Definitions
  In this article, unless the context otherwise requires: 1. " Declared gross weight" means the gross weight in pounds ascribed to a motor vehicle,...
• § 28-5432 Gross Weight Fees; Application; Exceptions
  A. This article applies to all of the following: 1. A trailer or semitrailer with a gross weight of ten thousand pounds or less...
• § 28-5433 Gross Weight Fees; Additional Registration Fees; Farm Vehicle Reduction; Consolidation
  A. In addition to the registration fee required by section 28-2003, a person shall pay to the department at the time of application for...
• § 28-5434 Proration Of Gross Weight Fees
  For a registration issued after the beginning of the registration year, a person shall pay the fees prescribed in this article reduced by one-twelfth...
• § 28-5435 Increase In Gross Vehicle Weight; Additional Fee
  A. A person may increase the declared gross weight of a vehicle or vehicle combination after the original registration and during the registration year...
• § 28-5436 Reduced Gross Weight Fees; Seasonal Agricultural Work
  A. On application, a resident owner of a motor vehicle, trailer or semitrailer that is operated solely in seasonal agricultural work and that is...
• § 28-5437 Operation With Excess Weight; Violation; Classification
  A person who operates or who causes, permits or authorizes the operation on the public highways of this state of a vehicle singly or...
• § 28-5438 Weight Violations; Civil Penalty; Classifications; Procedures; Evidence
  A. A person who violates this article is: 1. Subject to a civil penalty either: (a) As prescribed in subsection B of this section....

Article 3 Highway Use Fees

• § 28-5471 Highway Use Fees; Commercial Motor Vehicles; Definition
  A. In addition to all other fees, a person registering a motor vehicle or vehicle combination in this state under chapter 7, article 7...
• § 28-5472 Additional Highway Use Fees; Nonresident Owners
  A nonresident owner of a foreign vehicle operated in this state and registered under section 28-2324 shall pay a highway use fee determined according...
• § 28-5473 Highway Use Fee; Reduction; Basis; Proration; Exemption
  A. The highway use fee provided by this article is based on the gross weight as declared for the gross weight fee pursuant to...
• § 28-5474 Axle Fees; Commercial Vehicles; Border Crossing; Definition
  A. The director may adopt rules establishing a fee based on the number of axles attached to a foreign vehicle or a foreign vehicle...

Article 4 Light Motor Vehicle Fee

• § 28-5491 Definitions
  In this article, unless the context otherwise requires: 1. " Declared gross weight" has the same meaning prescribed in section 28-5431. 2. " Light...
• § 28-5492 Light Motor Vehicle Fee Imposed
  A. Beginning on January 1, 1998, in addition to the registration and gross weight fees required by this title, an annual light motor vehicle...
• § 28-5493 Transaction Privilege Tax Exemption
  A. A person who pays the light motor vehicle fee prescribed by this article is exempt from any transaction privilege tax or any similar...

Chapter 16 TAXES
Article 1 Motor Fuel Taxes

• § 28-5601 Definitions
  In this article and articles 2 and 5 of this chapter, unless the context otherwise requires: 1. " Blending" : (a) Means the mixing...
• § 28-5602 Enforcement
  (L01, Ch. 287, sec. 9. Eff. Until 7/1/16) The following persons have authority to enforce this article: 1. The director of the department of...
• § 28-5602; Version 2 Enforcement
  (L15, Ch. 244, sec. 28. Eff. 7/1/16) The following persons have authority to enforce this article: 1. The director of the department of transportation...
• § 28-5603 Motor Fuel Testing
  A. The director may take samples of any liquid believed to be motor fuel and may make or cause to be made an analysis...
• § 28-5604 Reward For Detecting Violations
  The department may set up in its budget for the fiscal year an item from which a person, other than a state officer or...
• § 28-5605 Use Fuel Tax Collection; Fuel Dispenser Labels; Civil Penalty
  (L01, Ch. 287, sec. 13. Eff. Until 7/1/16) A. A vendor shall not collect more than the use fuel tax imposed pursuant to section...
• § 28-5605; Version 2 Use Fuel Tax Collection; Fuel Dispenser Labels; Civil Penalty
  (L15, Ch. 244, sec. 29. Eff. 7/1/16) A. A vendor shall not collect more than the use fuel tax imposed pursuant to section 28-5606,...
• § 28-5606 Imposition Of Motor Fuel Taxes
  A. In addition to all other taxes provided by law, a tax of eighteen cents per gallon is imposed on motor vehicle fuel possessed,...
• § 28-5607 Fuel Imported By Other Than Licensed Supplier; Payment Of Tax; Fee; Import Limitation
  A. A person who is not licensed as a supplier and who imports motor fuel from a point outside this state to a point...
• § 28-5608 Fuel Imported In Fuel Tanks; Violation; Classification
  A. An owner or operator of a motor vehicle, watercraft or aircraft who imports motor fuel into this state in the fuel tank or...
• § 28-5609 Railroad Common Carrier Exemption; Exception; Report
  A. Except for section 28-5607, subsection B, sections 28-5602, 28-5603, 28-5608, 28-5610, 28-5611, 28-5612, 28-5622, 28-5624 and 28-5923 and this section, this article does...
• § 28-5610 Exemptions
  A. The following are exempt from motor vehicle fuel and use fuel taxes imposed by section 28-5606 and aviation fuel taxes imposed by section...
• § 28-5611 Refunds; Motor Vehicle Fuel
  A. Except as provided in subsection B of this section, on application to the director pursuant to this article and if section 28-5612 is...
• § 28-5612 Refund Procedure; Violation
  A. A person who is seeking a refund and who is not licensed as a supplier, interstate user, restricted distributor or use fuel vendor...
• § 28-5613 Licensee Refunds; Definition
  A. A licensee who is seeking a refund shall apply pursuant to section 28-5612, except that a licensee shall file an application for refund...
• § 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...
• § 28-5615 Presumption Of Use
  A. For the proper administration of this article and to prevent evasion of the use fuel tax, it is presumed, until the contrary is...
• § 28-5616 Light Class Motor Vehicles
  With respect to light class motor vehicles, the director shall not: 1. Issue a refund for use fuel purchased in this state and consumed...
• § 28-5617 Vendors; Receipt
  A. A vendor of use fuel, the use of which is taxable under this article, who sells and delivers the use fuel into a...
• § 28-5618 Report Requirements
  A. On or before the twenty-seventh day of each month, a supplier shall file with the director a true and verified statement in a...
• § 28-5619 Records Required; Violation; Classification
  A. Suppliers and restricted distributors shall maintain and keep records of motor vehicle fuel or aviation fuel received, acquired, used, sold and delivered in...
• § 28-5620 Records And Equipment Inspections; Hearings; Use Restrictions; Violation; Costs
  A. The director or a deputy, employee or agent authorized by the director may examine during usual business hours records, books, papers, storage tanks...
• § 28-5621 Failure To Report Or Pay Tax; Penalties; Interest; Transmittal Date
  A. Except as otherwise provided in this subsection, if a supplier fails to submit the monthly report to the director on or before the...
• § 28-5622 Tax Estimate
  If a person neglects or refuses to make and file a report as required by this article, or files an incorrect or fraudulent report,...
• § 28-5623 Civil Penalty; Use Fuel Purchaser; Vendor Refund; Financial Penalty Prohibited; Subsequent Violations
  A. Notwithstanding any other law, if a person intentionally purchases use fuel for use in a use class motor vehicle that is not exempt...
• § 28-5624 Transportation Of Fuel By Motor Vehicle; Documentation; Violation; Penalties
  A. An operator of a motor vehicle transporting motor fuel on a highway in this state shall carry documentation to accompany the shipment at...
• § 28-5625 Restricted Distributor Licenses; Reports; Violation; Classification
  A. A person shall obtain a license and report pursuant to subsection D of this section as a restricted distributor of motor vehicle fuel...
• § 28-5626 Suppliers; Vendors; Licenses Required
  A. Except as provided in section 28-5607, a person who acts as a distributor and who possesses motor fuel on which fuel taxes have...
• § 28-5627 License Application
  A. To obtain a license, a supplier shall file with the director an application under oath and in the form the director prescribes including:...
• § 28-5628 Refusal To Issue License
  If an application for a license to transact business as a supplier in this state is filed by a person whose license has previously...
• § 28-5629 License Issued
  If the application is in proper form and has been accepted for filing, if the filing fee is paid and if the bond is...
• § 28-5630 License; Assignability; Display; Duplicates
  A. A license issued to a supplier under section 28-5629: 1. Is not assignable. 2. Is valid only for the supplier in whose name...
• § 28-5631 Bonds; Amount; Failure Of Security
  A. A supplier shall file a bond with the director on a form approved by the director with a surety company authorized by the...
• § 28-5633 License Cancellation
  A. The director may immediately cancel the license of a supplier and notify the supplier in writing of the cancellation by certified mail, mailed...
• § 28-5634 Bond Cancellation
  If the license of a supplier is cancelled by the director pursuant to section 28-5633 and if the supplier has paid all taxes due...
• § 28-5635 Discontinuance, Sale Or Transfer Of Business; Violation; Classification
  A. When a supplier ceases to engage in business as a supplier in this state and discontinues, sells or transfers the business: 1. The...
• § 28-5636 Supplier Blanket Election
  A. A licensed supplier may and a licensed permissive supplier shall make a blanket election with the department to treat all removals from all...
• § 28-5637 Collection Of Fuel Tax From Purchaser; Deferred Remittance Election
  A. Each supplier who sells motor fuel shall precollect from and remit on behalf of the purchaser the motor vehicle fuel or use fuel...
• § 28-5638 Deferred Remittance Election Eligibility
  A. Each purchaser that desires to make an election under section 28-5637 shall present evidence to the department that either: 1. The applicant was...
• § 28-5639 Uncollectible Tax Credit
  A. In computing the amount of motor fuel tax due, the supplier is entitled to a credit against the tax payable in the amount...
• § 28-5640 Collection Allowance
  Each supplier and permissive supplier that properly remits tax under this article may retain four-tenths of one per cent of the taxes imposed by...
• § 28-5643 Reliance On Representations
  A. A supplier and a terminal operator are entitled to rely for all purposes of this article on the representation by the transporter, the...
• § 28-5644 Terminal Operator; Joint And Several Liability
  A. A terminal operator is jointly and severally liable for the motor vehicle fuel or use fuel tax imposed pursuant to this article or...
• § 28-5645 Dyed Diesel Use; Violation; Classification
  A. A person shall not operate or maintain a motor vehicle on any highway in this state with use fuel contained in the fuel...
• § 28-5646 Dyed Diesel Notice
  A. A notice stating " dyed diesel fuel, nontaxable use only, penalty for taxable use" shall be: 1. Provided by a terminal operator to...
• § 28-5647 Dyed Diesel; Prohibited Acts; Joint And Several Liability
  A. Except as provided in section 28-5649, a person shall not sell or hold for sale dyed diesel fuel for any use that the...
• § 28-5648 Inspection Of Fuel And Shipping Papers
  A. The department, or its appointees, including federal government employees or persons operating under contract with this state, on presenting appropriate credentials may conduct...
• § 28-5649 Dyed Diesel; Permissible Highway Use
  A. A person may sell dyed diesel fuel for use in a federally exempt motor vehicle prescribed in subsection B on the highways in...

Article 2 Interstate User Fuel Tax Reponsibilities

• § 28-5702 Use Fuel Tax Payment If Not Precollected
  If the use fuel tax imposed pursuant to article 1 of this chapter is not precollected, the tax is due and payable by the...
• § 28-5703 Cooperative Agreements; Definitions
  A. To comply with the intermodal surface transportation efficiency act of 1991, the director may enter into a cooperative agreement with other jurisdictions for...
• § 28-5705 Vehicle Registration
  Before registering a road tractor, truck tractor, truck having more than two axles or passenger carrying vehicle and before issuing a license pursuant to...
• § 28-5707 Violation; Classification
  A. Unless another classification is prescribed in this article, a person is guilty of a class 2 misdemeanor who: 1. Refuses to make a...
• § 28-5720 Tax Payment
  A. An intrastate user of use fuel on which the tax imposed by article 1 of this chapter has not been paid shall submit...
• § 28-5721 Additional Assessment; Penalty
  A. If the director is not satisfied with a report filed or the amount of use fuel tax paid by a licensee, the director...
• § 28-5722 Additional Assessment; Time Limit
  A. Except in the case of a fraudulent report or failure to make a report, a notice of additional use fuel tax proposed to...
• § 28-5724 Failure To File Report; Assessment; Interest; License Revocation Or Suspension
  A. If a person fails, neglects or refuses to make a report required by this article, the director shall: 1. Make an estimate for...
• § 28-5725 Interstate User Credits Or Refunds
  A. An interstate user shall file a written application for a credit or refund within three years after the date the original tax report...
• § 28-5727 Erroneous Assessment; Cancellation In Records
  If an amount has been illegally or erroneously assessed against a licensee, the director shall cancel that amount on the director's records if a...
• § 28-5728 Use Fuel Tax Credit
  A. A person who files a report under this article is entitled to a credit against the use fuel tax imposed under article 1...
• § 28-5730 Use Fuel Tax; Distribution
  A. The director shall deposit, pursuant to sections 35-146 and 35-147, the use fuel taxes in the Arizona highway user revenue fund. B. The...
• § 28-5731 Record Requirements
  A. A licensee under this article shall make records as prescribed and in the manner required by the director as reasonably necessary to substantiate...
• § 28-5732 Report Requirements
  A. The reporting period for a person who is an interstate user is a calendar quarter. On or before the last day of the...
• § 28-5734 Interstate User License Requirement
  A. Except as provided in section 28-5739, it is unlawful for a person to act as an interstate user without being licensed as an...
• § 28-5735 License Application; Fee
  A. An applicant for a license required by this article shall file with the director or authorized third party both: 1. An application that:...
• § 28-5736 Bond Requirement
  A. The director may require an interstate user or applicant to post a surety or cash bond if one or more of the following...
• § 28-5737 Discharge Of Surety
  A. On written request to the director, a surety on a bond furnished by a licensee pursuant to this article shall be discharged from...
• § 28-5738 License Denial
  The director or authorized third party may deny a license if the application: 1. Is filed by a person whose license at any time...
• § 28-5739 Single Trip And Other Limited Use Fuel Tax Permits
  A. If a use class motor vehicle is propelled by use fuel and is operated in this state in the course of interstate traffic,...
• § 28-5740 License Issuance; Duration
  A. The director or authorized third party shall issue a license to an applicant if: 1. The application is in proper form and has...
• § 28-5742 Evidence Of Valid License
  A. A licensee who is an interstate user shall carry evidence of a valid license at all times in the cab of the vehicles...
• § 28-5743 Discontinuance Of Business
  A. If a person ceases to be a licensee by reason of discontinuance, sale or transfer of the person's business at any location: 1....
• § 28-5745 License Revocation; Hearing
  A. The director may revoke the license of a person who refuses or neglects to comply with any provision of this article or any...

Article 3 Vehicle License Tax

• § 28-5801 Vehicle License Tax Rate
  A. At the time of application for and before registration each year of a vehicle, the registering officer shall collect the vehicle license tax...
• § 28-5802 Vehicle License Tax Exemption; Veterans
  A. Notwithstanding section 28-5801, the registering officer shall not collect a vehicle license tax or registration fee from: 1. A veteran residing in this...
• § 28-5803 Vehicle License Tax Exemption; Individuals With Disabilities
  A. Notwithstanding section 28-5801, the registering officer shall not collect a vehicle license tax for a vehicle owned by a resident who is a...
• § 28-5803.01 Vehicle License Tax Exemption; Spouse Or Dependents Of Deceased Law Enforcement Officer, Firefighter Or Emergency Responder; Applicability; Definition
  A. Notwithstanding section 28-5801, beginning January 1, 2016, the registering officer may not collect a vehicle license tax or registration fee for a vehicle...
• § 28-5804 Privately Owned Motor Vehicle Used As School Bus; Classification; Vehicle License Tax
  A. A separate classification of motor vehicles is established for purposes of taxation pursuant to article IX, section 11, Constitution of Arizona, that consists...
• § 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...
• § 28-5806 Privately Owned Motor Vehicle Used For Ambulance Or Fire Fighting Services; Classification; Vehicle License Tax; Definition
  A. A separate classification of motor vehicles is established for purposes of taxation pursuant to article IX, section 11, Constitution of Arizona, that consists...
• § 28-5807 Registration Period; Proration; Retroactive Collection
  A. The director shall initially register a vehicle with a registration expiration of twelve months from the last day of the month in which...
• § 28-5808 Vehicle License Tax Distribution
  A. Except as provided in subsection D of this section, the director shall distribute monies collected by the director pursuant to section 28-5801, except...
• § 28-5809 Record Examination
  At any time the department of administration may examine the books and records of a county assessor or county treasurer pertaining to the collection...
• § 28-5810 Rental Vehicle Surcharge; Reimbursement; Definition
  A. A person engaged in the business of renting motor vehicles without drivers shall collect, at the time the rental vehicle is rented, a...
• § 28-5811 Vehicle License Tax And Registration Fee Exemption; United States Armed Forces Members
  A. Notwithstanding sections 28-2003 and 28-5801, an Arizona resident who is a member of the United States armed forces, including a member of a...
• § 28-5812 Incorrect Distributions; Adjustments
  A. If the director determines that any of the amounts distributed pursuant to this article during the preceding twenty-four months are incorrect, the director...

Article 4 Motor Carrier Fee

• § 28-5851 Definitions
  In this article, unless the context otherwise requires: 1. " Declared gross weight" has the same meaning prescribed in section 28-5431. If a declaration...
• § 28-5852 Motor Carrier Fee Imposed
  Except as otherwise provided in this article, there is imposed against each motor vehicle a motor carrier fee for the use of the public...
• § 28-5853 Motor Carrier Fee Exemptions
  A. The fee imposed by section 28-5852 does not apply to either: 1. A school bus. 2. A motor vehicle that is used in...
• § 28-5854 Motor Vehicle; Motor Carrier Fee Rate
  A. The director shall determine the annual motor carrier fee owed for each motor vehicle registered in this state pursuant to the following table:...
• § 28-5855 Motor Vehicle; Reduced Motor Carrier Fee; Load Restrictions; Civil Traffic Violation
  A. The director shall compute a reduced motor carrier fee that is seven-tenths of the full rate for a motor vehicle if: 1. The...
• § 28-5856 Motor Vehicle; Reduced Motor Carrier Fee; Less Than Full Load Capacity; Civil Traffic Violation
  A. The director shall compute a reduced motor carrier fee that is seven-tenths of the full rate for a motor vehicle that weighs more...
• § 28-5857 Motor Vehicle; Reduced Motor Carrier Fee; Agricultural Products; Civil Traffic Violation; Definition
  A. The director shall compute a reduced motor carrier fee that is seven-tenths of the full rate for a motor vehicle that is used...
• § 28-5858 Gross Vehicle Weight Change
  A. A motor carrier declaring an increased or decreased gross vehicle weight for a motor vehicle operated by the motor carrier pursuant to section...
• § 28-5859 Refunds
  A. If the director determines that a motor carrier fee, penalty or interest has been overpaid, the director shall: 1. State that fact in...
• § 28-5860 Transaction Privilege Tax Exemption
  A. Payment of the motor carrier fee by a motor carrier exempts the motor carrier from transaction privilege tax or any similar tax imposed...
• § 28-5861 Motor Carrier Fee Compliance Requirement
  Except as provided in section 28-5862, a person registering in this state or accorded proportional registration or registration reciprocity with this state for a...
• § 28-5862 Trip Permit
  A nonresident motor carrier or nonresident person who operates a motor vehicle in this state may purchase a motor carrier fee trip permit for...
• § 28-5863 Single Trip Motor Carrier Fee Trip Permit; Fee; Expiration
  A. There is imposed against each motor vehicle for a single trip motor carrier fee trip permit a motor carrier fee of either: 1....
• § 28-5864 Special Thirty Day Motor Carrier Fee Permit
  A. The department may issue a special thirty day motor carrier fee permit for a motor vehicle if the vehicle is not in the...
• § 28-5865 Appeals
  A motor carrier who is aggrieved by an assessment, decision or order of the director pursuant to this article may request a hearing pursuant...
• § 28-5867 Motor Vehicle; Reduced Motor Carrier Fee; Limited Mileage; Transporters; Civil Traffic Violation
  A. Notwithstanding section 28-5854, subsection A, the annual motor carrier fee for a motor vehicle that weighs more than twenty-six thousand pounds and that:...

Article 5 Tax Administration

• § 28-5921 Violations; Classification; Civil Penalty
  A. A person is guilty of a class 4 felony if the person does any of the following: 1. Corruptly or by force or...
• § 28-5922 Enforcement Powers
  A. In the enforcement of this chapter, the director may: 1. Hold hearings. 2. Take testimony. 3. Issue subpoenas and compel attendance of witnesses...
• § 28-5923 Collection
  A. In an action for the collection of motor fuel taxes or interest or penalties imposed in connection with the taxes, an assessment by...
• § 28-5924 Hearing; Rehearing
  A. A person aggrieved by an assessment, decision or order of the director under this chapter may make a written request for a hearing...
• § 28-5925 Payment; Distribution
  A. The supplier, as shown in the records of the terminal operator, who removes the taxable gallons shall precollect and remit on behalf of...
• § 28-5926 Transfer; State Lake Improvement Fund; Administrative Expenses
  A. Except as provided in subsection B of this section, on a monthly basis, the director shall deposit, pursuant to sections 35-146 and 35-147,...
• § 28-5927 Transfer; Off‑highway Vehicle Recreation Fund
  Fifty-five one hundredths of one per cent of the total taxes on motor vehicle fuel shall be transferred from the monies collected pursuant to...
• § 28-5928 Legal Remedies
  A. An injunction, a writ of mandamus or any other legal or equitable process shall not issue in an action or proceeding in any...
• § 28-5929 Cumulative Remedies
  The remedies of this chapter are cumulative. An action taken by the director shall not be construed to be an election on the part...
• § 28-5930 Electronic Report Filing; Rules; Payment Availability
  A. The director may require by rule that persons who are required to file reports pursuant to this chapter file those reports by electronic...
• § 28-5931 Definitions
  In this article, unless the context otherwise requires: 1. " Confidential information" : (a) Includes: (i) Reports and other statements filed with the director...
• § 28-5932 Jeopardy Assessment; Definition
  A. If a taxpayer has not been licensed or has failed to make a tax report as required by this chapter and the director...
• § 28-5933 Contingent Fee Collection Contracts
  A. In the administration and enforcement of this chapter, the department may enter into contingent fee contracts to collect delinquent taxes, penalties and interest...
• § 28-5934 Abatement Of Uncollectible Taxes, Penalties And Fees
  A. With the approval of the attorney general, the department may abate all or part of and purge from its records any uncollectible tax,...
• § 28-5935 Confidential Information; Disclosure Prohibited
  A. A person, including a former employee or agent of the department or a person who previously had an administrative duty for the department,...
• § 28-5936 Confidential Information; Disclosure Allowed
  (L01, Ch. 287, sec. 85. Eff. Until 7/1/16) A. A person may disclose confidential information as follows: 1. Confidential information relating to: (a) A...
• § 28-5936; Version 2 Confidential Information; Disclosure Allowed
  (L15, Ch. 244, sec. 30. Eff. 7/1/16) A. A person may disclose confidential information as follows: 1. Confidential information relating to: (a) A taxpayer...
• § 28-5937 Fee
  If the director is required or permitted to disclose confidential information, the director may charge the person or agency requesting the information a fee...
• § 28-5938 Violation; Classification
  A. A disclosure of confidential information in violation of section 28-5935, 28-5936 or 28-5937 is a class 1 misdemeanor. B. A knowing disclosure of...
• § 28-5939 Lien
  A. If a tax, fee, interest or penalty that the director or registering officer is required to collect is not paid by a taxpayer...
• § 28-5940 Perfection Of Lien
  A. The director may perfect the lien imposed by section 28-5939 against the taxpayer's real property located in any county by recording a notice...
• § 28-5941 Release Of Lien
  A. At any time, the director may release all or any portion of the property subject to the lien from the lien or subordinate...
• § 28-5942 Priority Of Tax Claim
  A. The amount required to be collected by the director with interest and penalties shall be satisfied first in any of the following cases:...
• § 28-5943 Transfer Of Vehicle Subject To Lien
  A. If ownership of a motor vehicle that is subject to the lien provided by section 28-5939 is transferred by operation of law or...
• § 28-5944 Levy And Distraint
  If a person liable to pay any tax neglects or refuses to pay the tax, the director may collect the tax and other amounts...
• § 28-5945 Levy; Salary; Wages
  A. Levy may be made on the accrued salary or wages of any officer, employee or elected official of this state or its political...
• § 28-5946 Levy; Property; Seizure
  A. Except as otherwise provided in section 28-5945, subsection B, a levy extends only to property possessed and obligations existing at the time of...
• § 28-5947 Property Surrender; Definition
  A. Except as otherwise provided in subsection B of this section, on demand of the director, a person in possession of or obligated with...
• § 28-5948 Production Of Books
  If a levy has been made or is about to be made on any property or any right to property, a person with custody...
• § 28-5949 Levy; Exempt Property
  A. Notwithstanding any other law, property or rights to property are not exempt from the levy provided in this article unless the property is...
• § 28-5950 Appraisal
  A. The officer seizing property described in section 28-5949 shall appraise and set aside to the owner the amount of the property declared to...
• § 28-5951 Seized Property; Notice And Sale
  A. Except as otherwise provided in this section, the notice of sale and the sale of property seized by the director under this article...
• § 28-5952 Levy Release; Property Return
  A. Pursuant to rules, the director may release the levy on all or part of the property or rights to property levied on if...

Article 6 Underground Storage Tank Tax

• § 28-6001 Underground Storage Tank Tax; Payments
  A. A person who is responsible for collecting the motor vehicle fuel tax imposed by section 28-5606 or the aviation fuel tax imposed by...
• § 28-6002 Collection Agent
  For the purposes of section 28-6001, the director of the department of transportation acts only as a collecting agent for the director of the...
• § 28-6003 Payment Procedure; Return Form
  A. A person shall: 1. Make the payments to the director of the department of transportation that are required by section 28-6001 at the...
• § 28-6004 Payment Deduction
  A person who is required to make the periodic payments required by section 28-6001 may deduct from the required periodic payments an amount equal...
• § 28-6005 Refund; Credit
  If a person required to make payments under this article is the assignee of a refund claim assigned pursuant to section 49-1031, the refund...
• § 28-6006 Administration Same As For Motor Vehicle Fuel Tax
  A. Section 28-5607, subsection B, sections 28-5602, 28-5603, 28-5619, 28-5620, 28-5621 and 28-5622 and article 5 of this chapter apply to the persons from...
• § 28-6007 Underground Storage Tank Tax Clearing Account
  A. A special underground storage tank tax clearing account is established consisting of monies received by the director under this article. B. On notice...
• § 28-6008 Distribution; Administration Costs
  A. By the twentieth day of each month, the director of the department of transportation shall distribute to the director of the department of...

Chapter 17 TRANSPORTATION EXCISE TAX DISTRIBUTION
Article 1 Transportation Excise Tax Distribution in Highly Populated Counties

• § 28-6301 Definitions
  In this article, unless the context otherwise requires: 1. " Bond related expenses" means: (a) Printing, publication or advertising expenses with respect to the...
• § 28-6302 Transportation Excise Tax Distribution; Counties With One Million Two Hundred Thousand Or More Persons; Regional Area Road Fund
  A. In a county with a population of one million two hundred thousand or more persons, the officer collecting transportation excise tax monies pursuant...
• § 28-6303 Regional Area Road Fund; Separate Accounts
  A. The regional area road fund is divided into three separate accounts designated as the bond account, the construction account and the bond proceeds...
• § 28-6304 Bond Account; Expenditures
  A. The state treasurer shall: 1. Hold monies in the bond account in trust for the owners of the bonds. 2. Pay monies in...
• § 28-6305 Construction Account; Expenditures; Construction Contracts
  A. Except as provided in subsection B of this section, monies in the construction account of the regional area road fund shall be spent,...
• § 28-6306 Account Expenditures; Elections
  A. Except as provided in subsection B, monies from any account in the regional area road fund shall not be spent to promote or...
• § 28-6307 Regional Area Road Fund; Plan
  The director shall develop and annually update as a component of the five year transportation facilities construction program provided in chapter 20, article 3...
• § 28-6308 Regional Planning Agency Transportation Policy Committee; Regional Transportation Plan; Plan Review Process; Committee Termination
  A. The regional planning agency in the county shall establish a transportation policy committee consisting of twenty-three members as follows: 1. Seventeen members of...
• § 28-6309 Interim Roadway Pursuant To Agreement
  A. In addition to the authority provided in section 28-6310, subsections A, B and C, a city or town may enter into an intergovernmental...
• § 28-6310 Interim Roadway By City Or Town
  A. After receiving approval from the director and the regional planning agency, a city or town may design and construct an interim roadway within...
• § 28-6311 Construction Contract
  A. The department may contract with cities and towns in the county and with the county to allow the cities and towns and the...
• § 28-6312 Roadway And Highway Maintenance
  On completion of construction: 1. The city or town that constructed an interim roadway pursuant to section 28-6310 shall maintain the interim roadway. 2....
• § 28-6313 Performance Audits Of Proposed Transportation Projects And Systems
  A. Beginning in 2010 and every fifth year thereafter, the auditor general shall contract with a nationally recognized independent auditor with expertise in evaluating...

Article 2 Regional Transportation Plan

• § 28-6351 Definitions
  In this article, unless the context otherwise requires: 1. " Controlled access highway" has the same meaning prescribed in section 28-601. 2. " Enhancement"...
• § 28-6352 Regional Highway And Street System; Budget Process
  A. The department shall adopt a budget process that ensures the estimated cost of the transportation mode classification described in section 28-6308, subsection C,...
• § 28-6353 Regional Transportation Plan And Project Enhancements And Changes
  A. The regional planning agency in the county shall approve any change in the regional transportation plan and the projects funded in the regional...
• § 28-6354 Annual Report; Hearing; Priority Criteria
  A. The regional planning agency shall issue an annual report on the status of the projects funded pursuant to section 42-6105 and shall hold...
• § 28-6355 Documentation; Regional Area Road Fund Reimbursement
  A. The department shall document the acquisition of rights-of-way for the freeways and other routes on the state highway system related to the regional...
• § 28-6356 Citizens Transportation Oversight Committee
  A. A citizens transportation oversight committee is established in counties with a population of one million two hundred thousand or more persons and that...
• § 28-6357 Special Assistant For The Regional Transportation Plan
  A. The director shall appoint a special assistant for the regional transportation plan to provide coordination among the department of transportation, the regional planning...
• § 28-6358 Regional Planning Agency Responsibilities
  Consistent with the regional planning agency's responsibilities as prescribed in this chapter, the regional planning agency shall: 1. Approve, disapprove or modify the citizens...

Article 3 Transportation Excise Tax Distribution in Less Populated Counties

• § 28-6391 Transportation Excise Tax Distribution In Counties With Four Hundred Thousand Persons Or Less; County Regional Area Road Fund
  A. In a county with a population of four hundred thousand persons or less, the officer collecting transportation excise tax monies pursuant to section...
• § 28-6392 County Regional Area Road Fund; Distribution; Investment
  A. Each month the state treasurer shall distribute the monies in the county's regional area road fund to the individual county and to the...

Chapter 18 DISTRIBUTION OF HIGHWAY USER REVENUES
Article 1 General Provisions

• § 28-6501 Definition Of Highway User Revenues
  In this article, unless the context otherwise requires or except as otherwise provided by statute, " highway user revenues" means all monies received in...
• § 28-6502 Record Of Highway User Revenues; Minimum Dollar Distribution
  A. The director shall file with the secretary of state a permanent record that contains a list of all highway user revenues collected, received...

Article 2 Specific Distributions

• § 28-6531 Definitions
  In this article, unless the context otherwise requires: 1. " Arterial street or highway" means a street or highway used primarily for through traffic...
• § 28-6532 Population Determination; Decennial Or Special Census
  A. Except as provided by section 42-5033.01, the population as shown by the decennial census as certified by the United States bureau of the...
• § 28-6533 Arizona Highway User Revenue Fund
  A. The officer collecting all highway user revenues, as defined in section 28-6501 and in article IX, section 14, Constitution of Arizona, and all...
• § 28-6534 Arizona Highway User Revenue Fund Distribution; Economic Strength Project Fund
  No later than June 15 of each fiscal year, the department shall allocate and transfer one million dollars from revenues of the Arizona highway...
• § 28-6537 Arizona Highway User Revenue Fund Distribution; Highway Patrol Costs
  For each fiscal year, the department of transportation shall allocate and transfer monies in the Arizona highway user revenue fund to the department of...
• § 28-6538 Arizona Highway User Revenue Fund Distribution; Remaining Monies; Highway Fund Distribution; Contract Authorization; Regional Transportation Plan Requirements
  A. Each fiscal year the department shall allocate and the state treasurer shall distribute revenues of the Arizona highway user revenue fund remaining after...
• § 28-6540 Arizona Highway User Revenue Fund Distribution; State Highway Fund; County, City And Town Proportions
  Each month the state treasurer shall distribute all revenues credited to the Arizona highway user revenue fund pursuant to the proportions prescribed in section...
• § 28-6541 Arizona Highway User Revenue Fund Distribution; Limitations
  The percentages, proportions, allocations and distributions prescribed by this article are subject to the following limitations: 1. If the total highway user revenues derived...
• § 28-6542 Incorrect Distributions; Adjustments
  A. If the department determines that any of the amounts allocated and distributed as provided in this chapter during the preceding twenty-four months are...
• § 28-6543 Local Revenues; Requirements
  A. Each fiscal year a county with a population of more than four hundred thousand persons or an incorporated city or town with a...
• § 28-6544 County, City And Town Distribution Reduction
  A. If a county or incorporated city or town that is subject to the requirements of section 28-6543, subsection A fails to meet those...
• § 28-6546 Arizona Highway User Revenue Fund; Investment
  Upon notice from the director, the state treasurer shall invest and divest monies in the Arizona highway user revenue fund in obligations issued or...
• § 28-6547 Safety Enforcement And Transportation Infrastructure Fund; Exemption From Lapsing
  A. The safety enforcement and transportation infrastructure fund is established. The fund consists of monies deposited pursuant to sections 28-2321, 28-2324, 28-2325, 28-5474, 28-5739,...

Chapter 19 COUNTY HIGHWAYS
Article 1 County Highway Construction, Maintenance and Abandonment

• § 28-6701 Establishing, Altering Or Abandoning Local Highway
  A. The board of supervisors may establish, alter or abandon a highway in the county and other legal subdivisions and acquire real property for...
• § 28-6702 Proposed Highway Survey; Notice Of Hearing
  A. On filing the petition prescribed in section 28-6701, the board of supervisors shall: 1. Direct the county engineer to make a survey of...
• § 28-6703 Hearing
  A. At the hearing provided for in section 28-6702, the board of supervisors: 1. Shall consider the feasibility, advantages and necessity of the highway...
• § 28-6704 Condemnation; Federal‑county Highway; Exception
  A. The county attorney of the county in which a highway is to be established shall file in superior court in the county in...
• § 28-6705 Public Road And Street Maintenance
  A. The board of supervisors may spend public monies for maintenance of public roads and streets other than legally designated state and county highways...
• § 28-6706 Primitive Roads
  A. The board of supervisors or the governing body of a city or town may designate a public road within its jurisdiction as a...
• § 28-6707 Highway Improvement Within City Or Town Limit
  A. The part of a highway located in an incorporated city or town may be constructed, improved or maintained through cooperation under this article...
• § 28-6708 Jurisdiction Of Streets; Unincorporated Town
  The streets of an unincorporated town are considered public highways and are under the control of the board of supervisors of the county in...
• § 28-6709 Street And Alley Abandonment
  The board of supervisors may vacate and abandon streets, alleys and avenues located outside the boundaries of incorporated cities and towns shown on recorded...
• § 28-6710 Cattle Guard Construction
  A. If deemed necessary, the board of supervisors may install and construct cattle guards on county roads or may authorize private persons who own...
• § 28-6711 Railroad Construction Along Improved Highway Prohibited; Exception
  A. A railroad or street railway shall not be constructed along or on any portion of a highway improved under this article, except a...
• § 28-6712 Tax Levies For County Roads
  A. For road purposes the board of supervisors may levy a real and personal property tax of not more than twenty-five cents per one...
• § 28-6713 Bids For Construction, Reconstruction, Equipment Or Supplies; Procedure; Bond; Exceptions
  A. Except as provided in subsection G of this section, in a county with a population of two hundred fifty thousand persons or more...

Article 2 Bonds and County Highway Commission

• § 28-6741 Bonds; Authorization
  The bonds of a county that are authorized and issued for construction or improvement of public highways may be issued by complying with this...
• § 28-6742 County Highway Commission
  A. If the contemplated bond issue is two million dollars or more, the board of supervisors shall appoint a county highway commission consisting of...
• § 28-6743 County Highway Commission Powers And Duties
  A. The county highway commission shall: 1. Investigate situations with respect to highways that in the board's judgment the greatest public necessity and convenience...
• § 28-6744 Semiannual Report; Publication
  A. At least once every six months, the commission shall make and file with the board a detailed statement showing: 1. The amount of...
• § 28-6745 Commission Expenses
  The county treasurer shall pay from the general fund of the county the traveling and other incidental expenses of county highway commission members that...
• § 28-6746 Road Bond Election Precincts; Election
  A. In conducting the election called under section 28-6743, the board of supervisors may form road bond election precincts by consolidating not more than...
• § 28-6747 Sale Of Bonds; Highway Improvement Fund; Disposition Of Proceeds; Use Of Surplus Monies
  A. The board of supervisors shall: 1. Sell bonds issued under this article in the same manner as other county bonds. 2. Deposit the...
• § 28-6748 Work Contracts
  A. The county highway commission shall supervise and direct the work for which the bonds are issued under this article. B. As soon as...
• § 28-6749 Cooperative Contracts With Federal Government
  A. The county highway commission may enter into cooperative contracts and agreements for construction of roads with the United States or any of its...

Article 3 County Bridges

• § 28-6771 County Bridge Construction
  The board of supervisors may construct and maintain bridges across streams whether wholly or partly within or outside the corporate limits of an incorporated...
• § 28-6772 Bridge Joint Use; Railroad; Petition; Contract Limitations
  A. On filing a petition signed by a majority of the taxpayers of the county, the board of supervisors may contract for the county...

Article 4 Toll Roads, Ferries and Bridges

• § 28-6801 Definition Of Toll Road
  For the purposes of this article, " toll road" includes trails for the passage of saddle and pack animals and foot passengers, as well...
• § 28-6802 Toll Road Construction; Notice; Application; Hearing
  A. A person who desires to construct a toll road, bridge or ferry within one or more counties shall publish a notice in a...
• § 28-6803 Application Approval Or Rejection; Effective Date; Franchise Term And Reversion
  A. If it appears to the board of supervisors that the public interest will be promoted by the application provided in section 28-6802, it...
• § 28-6804 Toll Road; Interference Prohibited
  A toll road shall not interfere with a highway in general use by the traveling public. If a toll road is established or if...
• § 28-6805 Toll Road; Condemnation; Construction; Guideposts
  A. Lands necessary for the construction of a toll road or appurtenances to a toll road may be acquired by condemnation. B. A toll...
• § 28-6806 Toll Road Construction And Completion
  A. Construction of the toll road shall begin within thirty days after the date of the order approving the application and shall continue with...
• § 28-6807 Toll Rates; Violation; Classification
  A. When the certificate of completion is filed, tollgates may be erected and tolls may be collected. B. The board of supervisors shall fix...
• § 28-6808 State Tax
  The owner shall: 1. Keep an accurate account of the gross receipts and expenditures of the road. 2. Make a quarterly report of the...

Chapter 20 STATE HIGHWAYS AND ROUTES
Article 1 General Provisions

• § 28-6901 Definitions
  In this chapter, unless the context otherwise requires: 1. " Budget" means the annual highway program prepared by the department. 2. " Division" means...

Article 2 Highway Division

• § 28-6921 State Engineer; Qualifications; Compensation
  A. The director shall appoint a state engineer to administer the division. B. The state engineer shall be both: 1. A civil engineer registered...
• § 28-6922 Director; Powers And Duties
  A. The director of the department of transportation or the director's authorized and bonded agent shall administer all highway and maintenance work and has...
• § 28-6923 Bid Requirements; Procedure; Bond
  A. All items of construction or reconstruction of department facilities involving an expenditure of one hundred eighty-nine thousand dollars or more shall be called...
• § 28-6924 Progress Payments
  A. The following apply to the department's highway construction projects awarded pursuant to section 28-6923, 28-7365 or 28-7366: 1. Progress payments may be made...
• § 28-6925 Contract Counsel Fund; Appropriation; Exemptions; Disbursements; Reimbursement
  A. The sum of thirty thousand dollars is appropriated from the state highway fund to the department for deposit in a special fund designated...
• § 28-6926 Construction Contracts; Void Provisions
  A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that makes the contract subject to the laws of another...

Article 3 Five Year Transportation Facilities Construction Program

• § 28-6951 Five Year Transportation Facilities Construction Program; Departmental Committee
  A. The director shall develop a five year transportation facilities construction program according to the policies established by the board. B. To aid in...
• § 28-6952 Five Year Transportation Facilities Construction Program; Publication; Hearing
  A. On or before the second Monday in April of each year, the board shall review the updated five year transportation facilities construction program...
• § 28-6953 Updated Program; Annual Report
  A. Except as provided in subsection C of this section, on or before June 30 of each year, the board shall: 1. Adopt an...
• § 28-6954 Program Requirements
  A. The five year transportation facilities construction program shall: 1. Set forth estimated expenditures by project for engineering, rights-of-way and construction. 2. Include detailed...
• § 28-6955 Five Year Program Changes
  A. The board may change a proposed or an adopted five year transportation facilities construction program. B. If the board desires to change the...

Article 4 State Highway Fund and Budget

• § 28-6991 State Highway Fund; Sources
  A state highway fund is established that consists of: 1. Monies distributed from the Arizona highway user revenue fund pursuant to chapter 18 of...
• § 28-6992 Director Of Department Of Administration; Comptroller Of Fund
  A. The director of the department of administration is the comptroller of all expenditures from the state highway fund. B. The duties of the...
• § 28-6993 State Highway Fund; Authorized Uses
  A. Except as provided in subsection B of this section and section 28-6538, the state highway fund shall be used for any of the...
• § 28-6995 Preferences
  A. In spending monies from the state highway fund, the department shall give preference to the requirements of the budget in the following order:...
• § 28-6996 State Highway Fund; Investment
  On notice from the director the state treasurer shall invest and divest monies in the state highway fund in obligations issued or guaranteed by...
• § 28-6997 Fiscal Year; Budget
  A. The fiscal year of the department begins on July 1 of each year and ends the following June 30. B. The department shall...
• § 28-6998 Public Monies; Expenditure
  A. The department is subject to the provisions of title 35, chapter 1 relating to public finances and to all other acts of the...
• § 28-6999 Expenditure; Appropriation Limitation; Violation; Classification; Civil Action
  A. Except for repayment of loan repayment agreements and interest on loan repayment agreements pursuant to section 28-7676, advances and interest on advances made...
• § 28-7000 Contracts; Exceptions
  A. Notwithstanding section 28-6999, the department may enter into: 1. Construction contracts the performance of which may extend beyond the close of the fiscal...
• § 28-7001 Right‑of‑way Purchase; Financing
  A. If the department elects to enter into a contract or agreement for the purchase of right-of-way and in addition to other methods of...
• § 28-7002 Right‑of‑way Acquisitions; Applicability; Limitation
  A. Sections 28-7000 and 28-7001 relating to right-of-way acquisitions apply only to advance acquisition of rights-of-way and do not apply to any other means...
• § 28-7003 Construction Program Account Transfers
  The director of the department of transportation may certify to the director of the department of administration the transfer of amounts from one construction...
• § 28-7004 Payroll Preparation
  The department of administration shall prepare or delegate the duty of preparing the payroll of officers and employees of the department of transportation.
• § 28-7005 Revolving Account; Small Expenses
  A. The director of the department of administration may issue a warrant in an amount of not more than five hundred thousand dollars on...
• § 28-7006 Transportation Department Equipment Fund; Definitions
  A. A transportation department equipment fund is established that consists of: 1. Monies appropriated by the legislature to the department for the purchase, maintenance,...
• § 28-7007 State Highway Fund; Claims; Payment
  Monies in the state highway fund shall be paid only on an itemized and verified claim by the director of the department of transportation...
• § 28-7008 State Highway Fund Reimbursement; Nonhighway Costs
  A. To limit the expenditures of monies in the state highway fund established by section 28-6991, pursuant to article IX, section 14, Constitution of...
• § 28-7009 Statewide Transportation Acceleration Needs Account; Establishment; Definition
  A. The statewide transportation acceleration needs account is established as a separate account in the state highway fund. The account consists of all of...
• § 28-7010 Transportation Acceleration Interest Reimbursement Account
  A. The transportation acceleration interest reimbursement account is established as a separate subaccount of the statewide transportation acceleration needs account established by section 28-7009....
• § 28-7011 Roads Of Regional Significance Congestion Mitigation Account; Program Termination
  A. The roads of regional significance congestion mitigation account is established as a separate subaccount of the statewide transportation acceleration needs account established by...

Article 5 State Highways and Routes

• § 28-7041 State Highways And Routes Defined
  A. The state highways, to be known as state routes, consist of the highways declared before August 12, 1927 to be state highways, under...
• § 28-7042 Width Of Public Highways; Exception
  A. Highways that were constructed, laid out, opened or established before August 12, 1927 as public highways by the territory or state or by...
• § 28-7043 Designation Of State Route As State Highway
  A. At least two weeks before the designation and acceptance by the transportation board of a state route or portion of a state route...
• § 28-7044 Signs
  The director shall: 1. Prescribe standard board and road signs or other devices and provide a uniform system of marking and signaling on state...
• § 28-7045 Director; State Highway And Route Use; Rules
  The director shall exercise complete and exclusive operational control and jurisdiction over the use of state highways and routes and adopt rules regarding the...
• § 28-7046 Opening, Altering Or Vacating Highway; Review Of Order
  A. If the director or the board desires to establish, open, relocate, alter, vacate or abandon a state highway or a portion of a...
• § 28-7047 Mountain Preserve; Limitation; Definition
  A. This state or a political subdivision of this state shall not construct, lay out, open or establish a street, road or highway through...
• § 28-7048 Lease Of Areas Above And Below Highways; Exceptions
  A. The director may lease to any public agency, as defined in section 11-951, or to a private person or entity the use of...
• § 28-7049 Classification Of Streets That Connect Highways And Routes
  A. If the streets of an incorporated city or town form necessary or convenient links for the connection of sections of state highways or...
• § 28-7050 Federal Aid Secondary Highways; Definition
  A. On petition of the board of supervisors of a county and if the board decides that the public convenience is served and the...
• § 28-7051 Roadside Parks; Historical Markers
  A. The department may construct, maintain and operate roadside parks on highway property for the use and benefit of the public. B. The department...
• § 28-7052 Action Concerning Lands Taken Or Damaged In Construction Of Highway Or Airport; Statute Of Limitations
  An action brought to recover possession of or to clear title to real property claimed by this state or by a political subdivision of...
• § 28-7053 Misuse Of Public Highway Or Airport; Violation; Classification; Injunction; Definition
  A. A person who commits or causes to be committed any of the following acts is guilty of a petty offense: 1. Places or...
• § 28-7054 Highway Or Airport Encroachments; Additional Remedies
  A. If an encroachment is a fixed advertising device or a movable object, notice for the removal of the encroachment may be given to...
• § 28-7055 Leaving Gate Open On Fenced Land; Classification
  A. A person traveling on a road or highway that is open for use and used by the public, that passes into or over...
• § 28-7056 Dumping Trash On Highways Or Airports; Classification
  A. A person who dumps, deposits, places, throws or leaves refuse, rubbish, debris, filthy or odoriferous objects, substances or other trash on a state...
• § 28-7057 Publication Of Law Relating To Dumping Trash On Highways
  The director shall cause to be printed and distributed with each license plate and each original or renewal of a driver license material relating...
• § 28-7058 Privatization Of Rest Areas; State Certified Rest Area Program; Rules; Program Termination; Definitions
  A. The department may: 1. Privatize any rest area constructed on or adjacent to state highways in this state on or after September 26,...
• § 28-7059 Rest Area Sponsorship Sign Program; Rules; Revenue Sharing Agreement; Program Termination
  A. The department may establish a rest area sponsorship sign program. Notwithstanding sections 28-648, 28-7048 and 28-7053, the department may contract with a third...

Article 6 Land Purchase, Sale and Condemnation

• § 28-7091 Definition Of Market Value
  For the purposes of this article, " market value" means the most probable price estimated in terms of cash in United States dollars or...
• § 28-7092 Land Acquisition; Transportation Purposes
  A. In the name of this state, the director may acquire, either in fee or a lesser estate or interest, real property that the...
• § 28-7093 Eminent Domain
  A. This state may exercise the right of eminent domain for transportation purposes, and the court in which the action is pending shall give...
• § 28-7094 Property Acquisition; Future Needs; Highway Properties Fund; Rental Revenue
  A. The authority provided by this article to acquire real property for transportation purposes includes authority to acquire for future needs if the board...
• § 28-7095 Conveyance Of Property Not Needed For Transportation Purposes
  A. The director may dispose of real property or any right, title or interest in the real property if the director determines that it...
• § 28-7096 Appraisal Reports; Market Analyses
  A. The director shall justify each acquisition or disposal under this article of real property with an estimated value of more than fifty thousand...
• § 28-7097 Before Condition; Market Value Change
  In acquiring property for transportation purposes pursuant to this article, when determining the market value of the property to be taken and the market...
• § 28-7098 Appraisal; Condemnation; Initial Offer
  A. Before filing a condemnation action to acquire property for transportation purposes pursuant to this article, the department shall obtain one or more appraisals...
• § 28-7099 Property Repurchase; Right Of First Refusal
  A. If property is acquired for transportation purposes by agreement of the parties before the filing of a condemnation action or by stipulation before...
• § 28-7100 Dismissal Of Condemnation Action
  Before payment of the compensation and damages awarded the defendants by the court or jury, the director may abandon the proceedings and cause the...
• § 28-7101 Condemnation; Interest
  Interest on a judgment in a condemnation proceeding instituted by the department, including interest that is payable pursuant to section 12-1123, subsection B, shall...
• § 28-7102 Inverse Condemnation; Resolution Of Necessity; Alternatives; Limitations; Action; Extension
  A. If the board adopts a highway corridor and selects a highway alignment for the adopted corridor, within eighteen months of selection of the...
• § 28-7103 Effect Of Article
  The sections in this article do not limit the provisions of any other section, each of which is a distinct and separate authorization.

Article 7 Relocation Assistance

• § 28-7141 Definitions
  In this article, unless the context otherwise requires: 1. " Business" means a lawful activity, except a farm operation, that is conducted primarily by...
• § 28-7142 Relocation Assistance Advisory Services
  A. Programs or projects undertaken by a displacing agency shall be planned in a manner that both: 1. Recognizes, at an early stage in...
• § 28-7143 Moving And Related Expenses; Payment; Substitute Payments
  A. As a part of the cost of construction and on proper application to the department, the department shall pay to a displaced person,...
• § 28-7144 Replacement Dwelling; Additional Payment
  A. In addition to other payments authorized by this article, the displacing agency shall pay not more than thirty-one thousand dollars to a displaced...
• § 28-7145 Expenses Incidental To Transfer Of Property
  In addition to the payments authorized by sections 28-7143 and 28-7144 and as a part of the cost of construction, the department shall reimburse...
• § 28-7146 Replacement Housing For Tenants
  A. In addition to amounts otherwise authorized by this article, a displacing agency shall pay to or for a person who is displaced from...
• § 28-7147 Application Review By Director
  A displaced person who is aggrieved by a determination as to eligibility for a payment authorized by this article or the amount of a...
• § 28-7148 Rules
  A. The director shall adopt rules as the director determines is necessary to ensure that: 1. The payments and assistance authorized by this article...
• § 28-7149 Payments Not Income
  A payment received by a displaced person under this article: 1. Is not income for the purposes of title 43 relating to the taxation...
• § 28-7150 Effect On Eminent Domain Proceedings
  In a condemnation proceeding brought under the power of eminent domain this article does not create an element of value or damages not in...
• § 28-7151 Negotiation And Purchase Of Property For Future Transportation Facilities
  The department may negotiate and purchase at a price mutually acceptable to the property owner and the department property that is expected to be...
• § 28-7152 Assurance Of Dwellings
  A. If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available...
• § 28-7153 Condemnation; Litigation Expenses
  A. The court having jurisdiction of a proceeding instituted by the department to acquire real property by condemnation shall award the owner of any...
• § 28-7154 Buildings, Structures And Improvements
  A. Notwithstanding any other law, if this state acquires an interest in real property, it shall acquire at least an equal interest in all...
• § 28-7155 Acquired Property; Maintenance
  Notwithstanding any other law, a displacing agency shall maintain real property that is acquired by the displacing agency in carrying out a program or...
• § 28-7156 Utility Relocation; Cost Reimbursement
  A. The director may authorize the reimbursement to a city, town or county for the cost of labor, equipment, materials, preliminary engineering and right-of-way...

Article 8 Disposition of Public Roadways

• § 28-7201 Definitions
  In this article, unless the context otherwise requires: 1. " Governing body" means the city or town council or other authority of a city...
• § 28-7202 Disposition Of Unnecessary Public Roadways
  If a governing body determines that a public roadway owned by the city, town, county or state or a portion of the roadway is...
• § 28-7203 Roadway Exchange
  A roadway or portion of a roadway may be exchanged with an abutting owner for all or part of a new public roadway, and...
• § 28-7204 Roadway Sale; Definition
  A. The governing body may authorize the director to sell and convey the land within the roadway or portion of the roadway by quitclaim...
• § 28-7205 City, Town Or County Road Vacated
  If the roadway is a city, town or county roadway, the governing body may resolve that the roadway or portion of the roadway be...
• § 28-7206 Planned Development Roadway Vacated
  Notwithstanding section 28-7205, if the roadway is a city, town or county roadway in a planned development, the governing body may resolve that the...
• § 28-7207 State Roadway Abandoned
  If a roadway is a state roadway, the governing body may resolve that this state's interest in the roadway or portion of the roadway...
• § 28-7208 Consideration Required
  Notwithstanding any other law, except as provided in section 28-7215, vesting of title pursuant to sections 28-7205, 28-7206 and 28-7207 is subject to the...
• § 28-7209 Vacated Or Abandoned Highway; Affected Jurisdiction; Procedure
  A. If the board vacates or abandons a portion of a state route or state highway pursuant to section 28-304, the board shall: 1....
• § 28-7210 Reservation Of Easements
  Rights-of-way or easements for the following continue as they existed before the disposal or abandonment of the rights-of-way or easements: 1. Existing sewer, gas,...
• § 28-7211 Notice; Hearing; Appraisal
  The governing body or the board, in the case of this state, may give notice of pending disposition of roadways, hold hearings, obtain appraisals...
• § 28-7212 Disposition; Joint Action
  A. The part of a county roadway that is the boundary line between two counties shall not be disposed of except by joint action...
• § 28-7213 Resolution; Effective Date
  A governing body's resolution that disposes of a roadway or a portion of a roadway or that applies the roadway to another public use...
• § 28-7214 Extinguishment Of Easements
  If this state or a city, town or county does not own title to a roadway but holds right-of-way easements, the easements may be...
• § 28-7215 Public Road Access; Vacating Public Roadway Without Compensation
  A. A roadway shall not be vacated if any land adjoining the roadway is left without a public or private legal access connecting the...

Article 9 Bridges

• § 28-7251 Construction Of Bridge Or Dam; Violation; Classification
  A. It is unlawful to construct or begin the construction of a bridge, dam, dike or causeway over or in any navigable river or...
• § 28-7252 Failure To Construct Or Repair Bridge Or Crossing; Classification
  A person who is required by law to construct, maintain or repair bridges or crossings over a ditch or irrigating canal and who knowingly...

Article 10 Economic Strength Projects

• § 28-7281 Economic Strength Projects
  The following highway projects are economic strength projects pursuant to this article: 1. A project that will retain a significant number of jobs in...
• § 28-7282 Economic Strength Project Fund
  A. An economic strength project fund is established consisting of the monies allocated for projects listed by the Arizona commerce authority pursuant to section...
• § 28-7283 Construction And Maintenance Of Economic Strength Projects
  A. The department shall construct and maintain economic strength projects that are part of the state highway system. B. A local authority shall construct...
• § 28-7284 Agreements
  The director may enter into agreements on behalf of this state with a local authority in regard to the financing, construction or maintenance of...
• § 28-7285 Rules
  The board may prescribe rules for the administration of this article.
• § 28-7286 Board Authority; Construction Standards; Priority List Date
  A. The board has final authority to approve an economic strength project recommended by the Arizona commerce authority. The board shall fund an approved...

Article 11 Tourist Advertising

• § 28-7311 Urban And Rural Logo Sign Programs; Rules; Definitions
  A. The department may establish an urban and a rural logo sign program. Notwithstanding sections 28-648, 28-7048 and 28-7053, as part of the program...
• § 28-7312 Tourism Encouragement; Arizona Highways Magazine
  A. The director may spend monies from the state highway fund in the amount prescribed by law to encourage tourist travel to and through...
• § 28-7313 Publication Section; Publisher
  A. The department shall maintain a section for the publication of the magazine, maps, pamphlets and other descriptive material provided by section 28-7312. B....
• § 28-7314 Publisher Powers And Duties; Award Of Contract
  A. The publisher may: 1. Subject to approval of the director, direct the organization of the section of publications and employ or enter into...
• § 28-7315 Arizona Highways Magazine Fund
  A. An Arizona highways magazine fund is established. B. The fund consists of monies: 1. Appropriated by the legislature from the state highway fund...

Article 12 Cooperative National Highway Aid Agreements

• § 28-7341 Agreements Between Department And Federal Agencies
  The director may enter into cooperative agreements with the secretary or any authorized officer of the departments constituting the defense establishment of the United...
• § 28-7342 Cooperative Agreement Provisions
  A cooperative agreement entered into under this article: 1. Shall provide that all monies advanced by this state in pursuance of the project shall...
• § 28-7343 Authority Of Director Relating To Monies
  A. If the director determines it necessary for the expeditious completion of a cooperative agreement undertaken pursuant to this article, the director may pay...
• § 28-7344 Reimbursement By Federal Agency
  The United States agency with which a cooperative agreement is entered into shall promptly reimburse the state highway fund or an account within the...

Article 13 Alternative Contracting Procedures

• § 28-7361 Definitions
  In this article, unless the context otherwise requires: 1. " Architect services" means those professional architect services that are within the scope of architectural...
• § 28-7362 Emergency Construction
  A. Notwithstanding any other law, if the director determines that an emergency exists, the director may award a contract for the reconstruction of transportation...
• § 28-7363 Design‑build Method Of Project Delivery
  A. Notwithstanding any other law, the department may use the design-build method of project delivery on a project if the department makes a determination...
• § 28-7364 Design‑build Criteria
  The department shall use the following criteria as the minimum basis for determining when to use the design-build method of project delivery: 1. The...
• § 28-7365 Design‑build; Two‑phase Solicitation
  A. If the department determines that the design-build method of project delivery is appropriate, the department shall establish a two-phase procedure for awarding the...
• § 28-7366 Construction-Manager-At-risk Construction Services And Job‑order-Contracting Construction Services
  A. The department may procure the following services pursuant to this section: 1. Construction-manager-at-risk construction services. 2. Job-order-contracting construction services. B. The department shall...
• § 28-7367 Multiple Contracts For The Same Job-Order-Contracting Construction Services To Be Awarded To Separate Persons Or Firms In A Single Procurement; Contract Requirements
  A. The department may procure in a single procurement multiple contracts for the same job-order-contracting construction services to be awarded to separate persons or...
• § 28-7368 Multiterm Contracts For Job‑order‑contracting Construction Services
  A. A contract for construction services using the job-order-contracting method may be entered into for a period of up to five years, as deemed...
• § 28-7369 Insurance Requirements In Procurements
  If contractor insurance is required for services procured pursuant to this article, the insurance shall be placed with an insurer authorized to transact insurance...

Article 14 Broadband Conduit Installation

• § 28-7381 Definitions
  In this article, unless the context otherwise requires: 1. " Broadband conduit" means a conduit, innerduct or microduct for fiber optic cables that support...
• § 28-7382 Broadband Conduit Installation; Rural Highway Construction Projects
  A. The director may install broadband conduit in accordance with this article as part of a covered rural highway construction project if funding is...

Chapter 21 STATE HIGHWAY FINANCING AND BONDING
Article 1 State Highway Fund Bonds

• § 28-7501 Definitions
  In this article, unless the context otherwise requires: 1. " Any highway purpose" includes any one or more of the following purposes: (a) Payment...
• § 28-7502 Bond Authority
  A. Subject to this article, the board may: 1. Issue its negotiable bonds in a principal amount that in the opinion of the board...
• § 28-7503 Bond Requirements
  The bonds shall: 1. Be authorized by resolution of the board. 2. Bear such date or dates and mature at such time or times,...
• § 28-7504 Bond Payment; Security
  A. In connection with the issuance of the bonds authorized by this article or to secure the payment of the bonds and interest on...
• § 28-7505 Liability; Bond Validity
  A. The members of the board or a person executing the bonds is not personally liable for the payment of the bonds. B. The...
• § 28-7506 Bond Purchase; Cancellation
  The board may purchase bonds out of any monies available for the purchase, and these bonds shall then be canceled, at a price of...
• § 28-7507 Notice; Bond Issuance
  A. The board shall publish a notice of its intention to issue bonds under this article for at least five consecutive days in a...
• § 28-7508 Financial Interest Prohibited; Violation; Classification
  A. A member of the board or employee of the department shall not have a direct or indirect financial interest in any real property...
• § 28-7509 Highway Bond Proceeds Fund; Investment
  A. The highway bond proceeds fund is established. After deducting the necessary fees, charges and expenses incurred in the issuance and sale of the...
• § 28-7510 Parity Bonds
  A. The board may issue parity bonds only when all of the payments due on the principal and interest on the outstanding bonds are...
• § 28-7511 Bonds; Freeway Mitigation; Matching Amount
  A. A city or town may issue general obligation bonds for the purpose of planning, undertaking and carrying out projects for the elimination of...
• § 28-7512 Agreement Of State
  A. This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the rights vested...
• § 28-7513 Taxation Exemption
  The board is regarded as performing a governmental function in carrying out the purposes of this article and is not required to pay taxes...
• § 28-7514 Attorney General Bond Certification
  A. The board may submit to the attorney general any bonds to be issued under this article after all proceedings for the authorization of...
• § 28-7515 Bond Obligations Of The Board
  A. Bonds issued pursuant to this article: 1. Are obligations of the board issuing the bonds. 2. Are payable only pursuant to the terms...
• § 28-7516 Bonds; Legal Investments
  Bonds issued under this article are made securities: 1. In which all of the following may properly and legally invest monies including capital in...
• § 28-7517 Exclusive Law
  A. The powers provided by this article are in addition to the powers conferred by any other general or special law. Without reference to...

Article 2 Regional Area Road Fund Bonds

• § 28-7561 Bonds Payable From Transportation Excise Taxes
  A. The board is designated as the body having sole and exclusive power to authorize and issue bonds or incur long-term obligations payable in...
• § 28-7562 Bond Requirements
  A. The bonds authorized by this article shall: 1. Be authorized by resolution of the board. 2. Bear such date or dates and mature...
• § 28-7563 Bond Payment; Security
  In connection with the issuance of the bonds authorized by this article or to secure the payment of the bonds and interest on the...
• § 28-7564 Pledges; Liens
  A. A pledge made pursuant to this article is valid and binding from the time when the pledge is made. The monies pledged pursuant...
• § 28-7565 Liability; Bond Validity
  A. The members of the board or a person executing the bonds authorized by this article are not personally liable for the payment of...
• § 28-7566 Bond Purchase
  The board may purchase bonds authorized by this article out of any monies available, and these bonds may then be canceled, at a price...
• § 28-7567 Notice; Bond Issuance
  A. The board shall publish a notice of its intention to issue bonds under this article for at least five consecutive days in a...
• § 28-7568 Bond Proceeds; Distribution; Expenditures
  A. After deducting the necessary costs and expenses of the issuance and sale of the bonds and any amounts necessary to provide for the...
• § 28-7569 Agreement Of State And County
  A. This state pledges to and agrees with the holders of the bonds issued under this article that this state will not limit or...
• § 28-7570 Taxation Exemption
  The board is regarded as performing a governmental function in carrying out the purposes of this article and is not required to pay taxes...
• § 28-7571 Attorney General Bond Certification
  A. The board may submit to the attorney general any bonds to be issued under this article after all proceedings for the authorization of...
• § 28-7572 Bond Obligations Of The Board
  Bonds issued pursuant to this article: 1. Are obligations of the board issuing the bonds. 2. Are payable only pursuant to the terms of...
• § 28-7573 Bonds; Legal Investments
  Bonds issued under this article are made securities: 1. In which all of the following may properly and legally invest monies including capital in...

Article 3 Grant Anticipation Notes

• § 28-7611 Definitions
  In this article, unless the context otherwise requires: 1. " Grant agreement" means a written agreement between the director and the United States of...
• § 28-7612 Grant Anticipation Notes
  After the director has entered into one or more grant agreements, the board may issue and sell grant anticipation notes. The principal, premium, if...
• § 28-7613 Refund
  The board may issue grant anticipation notes to refund grant anticipation notes previously issued and other obligations, the proceeds of which were or are...
• § 28-7614 Limitations
  The amount of grant anticipation notes secured by grant revenues issued by the director shall not exceed the aggregate of all uncollected grant revenues...
• § 28-7615 Application Of Grant Revenues; Grant Anticipation Notes Fund; Payment Of Notes
  A. On the issuance of any grant anticipation notes, the grant revenues to be received by the director pursuant to the applicable grant agreement...
• § 28-7616 Use Of Proceeds
  The proceeds from the sale of the notes shall be used by the director for payment of any of the following: 1. Costs and...
• § 28-7617 Nature Of Grant Anticipation Notes; Limited Obligation
  A. Grant anticipation notes issued under this article are not general obligations of the department, any public officer or employee of the department or...

Article 4 Bonds Secured by Bridge Construction or Highway Improvement Revenues

• § 28-7651 Definitions
  In this article, unless the context otherwise requires: 1. " Bond" means a bond secured solely by bridge construction revenues or a bond secured...
• § 28-7652 Agreement For Construction Of Bridge Or Highway Improvements
  A. The department and a county with a population of more than two million persons may enter into an intergovernmental agreement pursuant to title...
• § 28-7653 Bonds Secured By Bridge Construction Revenues; Bonds Secured By Highway Improvement Revenues
  A. If a majority of the members of the county board of supervisors authorizes the issuance of bonds secured by bridge construction revenues by...
• § 28-7654 Issuance Of Bonds
  A. The county board of supervisors is authorized to issue bonds secured by a pledge of bridge construction revenues. B. The county board of...
• § 28-7655 Characteristics Of Bonds
  The bonds issued under this article: 1. Are fully negotiable within the meaning and for all purposes provided by title 47. 2. Are payable...
• § 28-7656 Interest Fund; Redemption Fund
  A. The treasurer of the county issuing bonds secured by bridge construction revenues shall establish an interest fund and a redemption fund for paying...
• § 28-7657 Pledge Of Revenues To Secure Debt Instruments
  A. Notwithstanding any other provision of this article, a county that receives bridge construction revenues may pledge, by separate covenant included in the resolution...
• § 28-7658 Agreement Of State
  A. This state pledges to and agrees with the holders of the bonds secured by bridge construction revenues and highway improvement revenues that it...
• § 28-7659 Supplemental Law
  This article is supplemental and alternative to any other provision of law that also enables a county to issue any form or type of

Article 5 Highway Expansion and Extension Loan Program

• § 28-7671 Definitions
  In this article, unless the context otherwise requires: 1. " Eligible highway project" means a highway project that is both: (a) On the federal...
• § 28-7673 Powers And Duties Of The Board And Department
  A. The transportation board may: 1. Make loans or provide other financial assistance to political subdivisions, Indian tribes or this state or its agencies,...
• § 28-7674 Highway Expansion And Extension Loan Program Fund
  A. The highway expansion and extension loan program fund is established. The fund constitutes a state infrastructure bank under the federal SIB act. The...
• § 28-7675 Fund; Annual Financial Audit And Report
  A. The transportation board shall annually cause a financial audit to be made of the fund. The financial audit shall be conducted by a...
• § 28-7676 Eligible Project Loans And Other Financial Assistance
  A. A political subdivision or this state or its agencies, including the department, may apply to the transportation board for any loan or other...
• § 28-7677 Acceleration Of Right‑of‑way Acquisition, Design Or Construction Of Eligible Highway And Transportation Projects
  A. If the department enters into an agreement with a political subdivision or Indian tribe for accelerated right-of-way acquisition, design or construction of an...
• § 28-7678 Board Funding Obligations
  (Rpld. 1/1/25) A. The board may deliver nonnegotiable board funding obligations as follows: 1. In fiscal year 2003-2004, a board funding obligation that is...

Article 6 Highway Project Advancement Notes

• § 28-7681 Definitions
  In this article, unless the context otherwise requires: 1. " Excise taxes" means all unrestricted excise, transaction, franchise, privilege and business taxes, state shared...
• § 28-7682 Highway Project Advancement Notes; Pledge Of Excise Taxes
  A. After entering into a highway project advance agreement that has been previously approved by the governing body of the political subdivision and by...
• § 28-7683 Limitations
  A. The aggregate outstanding principal amount of highway project advancement notes issued by a political subdivision and secured by highway project advance revenues shall...
• § 28-7684 Application Of Revenues; Highway Project Advancement Notes Fund; Payment Of Notes
  A. After issuance of highway project advancement notes, revenues the political subdivision receives under the applicable highway project advance agreement shall be collected and,...
• § 28-7685 Use Of Proceeds
  A political subdivision shall use the proceeds from the sale of highway project advancement notes for payment of any of the following: 1. Advances...
• § 28-7686 Refunding
  A political subdivision may issue highway project advancement notes to refund highway project advancement notes previously issued and other obligations if the proceeds of...
• § 28-7687 Nature Of Highway Project Advancement Notes; Limited Obligation
  A. Highway project advancement notes issued pursuant to this article are not general obligations of a political subdivision, any public officer or employee of...

Article 7 Transportation Project Advancement Notes

• § 28-7691 Definitions
  In this article, unless the context otherwise requires: 1. " Excise taxes" means all unrestricted excise, transaction, franchise, privilege and business taxes, state shared...
• § 28-7692 Transportation Project Advancement Notes; Pledge Of Excise Taxes
  A. A regional planning agency, metropolitan planning organization or council of governments or a designated grant recipient may enter into a transportation project advance...
• § 28-7693 Limitations
  The aggregate outstanding principal amount of transportation project advancement notes issued by a political subdivision and secured by transportation project advance revenues shall not...
• § 28-7694 Application Of Revenues; Transportation Project Advancement Notes; Payment Of Notes
  After issuance of transportation project advancement notes, the revenues the political subdivision receives under the applicable transportation project advance agreement shall be used as...
• § 28-7695 Use Of Proceeds
  A political subdivision shall use the proceeds from the sale of transportation project advancement notes for payment of any of the following: 1. Advances...
• § 28-7696 Refunding
  A political subdivision may issue transportation project advancement notes to refund transportation project advancement notes previously issued and other obligations if the proceeds of...
• § 28-7697 Nature Of Transportation Project Advancement Notes; Limited Obligation
  A. Transportation project advancement notes issued pursuant to this article are not general obligations of a political subdivision, any public officer or employee of...

Chapter 22 PUBLIC-PRIVATE PARTNERSHIPS IN TRANSPORTATION
Article 1 General Provisions

• § 28-7701 Definitions
  In this chapter, unless the context otherwise requires: 1. " Concession" means any lease, ground lease, franchise, easement, permit or other binding agreement transferring...
• § 28-7702 Rules And Guidelines
  The department shall adopt such rules or guidelines as it determines necessary to carry out this chapter.
• § 28-7703 Project Delivery Methods
  The department shall provide for the development or operation of eligible facilities using a variety of project delivery methods and forms of agreement. The...
• § 28-7704 Procurements
  A. The department: 1. May procure services under this chapter using any of the following: (a) Requests for project proposals in which the department...
• § 28-7704.01 Evaluation Criteria
  Before entering into a public-private partnership or other agreement for any eligible facility under this chapter, the department shall consider the following factors: 1....
• § 28-7705 Public-Private Partnership Agreements
  A. In any public-private partnership or other agreement for any eligible facility under this chapter, the department may include provisions that: 1. Authorize the...
• § 28-7706 Funding And Financing
  A. Any lawful source of funding may be used for the development or operation of an eligible facility under this chapter, including: 1. The...
• § 28-7707 Confidentiality And Public Disclosure
  A. A proposer shall identify those portions of a proposal or other submission that the proposer considers to be trade secrets or confidential commercial,...
• § 28-7708 Government Agreements
  Either separately or in combination with any other public sector partner, this state may enter into working agreements, coordination agreements or similar implementation agreements.
• § 28-7709 Eminent Domain
  This state may exercise the power of eminent domain to acquire property, rights-of-way or other rights in property for projects that are necessary to...
• § 28-7710 Federal Laws And Severability
  A. If no federal monies are used on an eligible facility, the laws of this state, including this chapter, govern. Notwithstanding any other provision...

Article 2 Toll Collection and Enforcement

• § 28-7751 Definitions
  In this article, unless the context otherwise requires: 1. " Administrative charge" means the amount that may be assessed for the costs of processing...
• § 28-7752 Toll Evasion
  Toll evasion is a civil violation.
• § 28-7753 Tolls, Administrative Charges And Penalties; Notification
  A. A toll operator may collect tolls, administrative charges and penalties. B. Subject to subsection C of this section, if a toll operator issues...
• § 28-7754 Electronic Toll Payment Devices; Video Toll Transactions
  A. If a transponder or other electronic toll payment device is used to pay tolls or other charges due, the device shall be located...
• § 28-7755 Responsibility For Tolls And Other Charges
  A. The operator of a motor vehicle on a toll facility is liable for paying the applicable tolls, administrative charges and penalties imposed pursuant...
• § 28-7756 Defenses Of Registered Owners And Lessees
  A. The registered owner or lessee of a motor vehicle is not liable for toll nonpayment, toll evasion or related tolls, administrative charges and...
• § 28-7757 Defenses Of Lessors
  A. The lessor of a motor vehicle is jointly and severally liable with the lessee for the toll nonpayment, toll evasion and related tolls,...
• § 28-7758 Notice Of Payment Due
  A. If a motor vehicle is found by electronic transaction and payment technology or by visual observation to be involved in a toll nonpayment,...
• § 28-7759 Notice Of Toll Evasion
  A. Within thirty days after a toll evasion occurs, the toll operator may deliver to each person liable for the toll a notice of...
• § 28-7760 Administrative Hearings; Rehearing; Appeal; Collection
  A. A toll operator that seeks to enforce collection of tolls, administrative charges and penalties, or a person who is subject to a notice...
• § 28-7761 Reporting To Department; Impact On Driving Record And Insurance
  A. The toll operator shall report to the department satisfaction of the liability within five calendar days after the toll operator receives payment on...
• § 28-7762 Vehicle Registration Penalties
  A. The director shall refuse to register a motor vehicle, trailer or semitrailer owned by or registered to a person who is subject to...
• § 28-7763 Driver License Suspension
  The department shall suspend the license of a driver on a showing by department records or other sufficient evidence that the licensee is subject...
• § 28-7764 Motor Vehicle Immobilization, Tow And Impoundment; Hearing; Release Of Motor Vehicle
  A. On petition by a toll operator, a hearing officer may order that a motor vehicle be immobilized, towed or impounded for the purpose...

Chapter 23 HIGHWAY BEAUTIFICATION
Article 1 Advertising Regulation

• § 28-7901 Definitions
  In this article, unless the context otherwise requires: 1. " Business area" means an area that is outside municipal limits, that embraces all of...
• § 28-7902 Outdoor Advertising Authorized
  A. The following outdoor advertising may be placed or maintained along an interstate, secondary or primary system within six hundred sixty feet of the...
• § 28-7903 Outdoor Advertising Prohibited
  A. Outdoor advertising shall not be placed or maintained adjacent to the interstate, secondary or primary systems at the following locations or positions, under...
• § 28-7904 Directional And Other Official Signs
  Directional and other official signs authorized by section 28-7902, subsection A, paragraph 1 shall comply with rules that are adopted by the director, that...
• § 28-7905 Outdoor Advertising Standards
  A. After April 1, 1970, outdoor advertising placed in business areas, and after April 1, 1972, outdoor advertising placed in unzoned commercial or industrial...
• § 28-7906 Outdoor Advertising And Property Right Acquisition; Compensation; Removal; Hearing
  A. The director shall acquire by gift, agreement, purchase, exchange, eminent domain or other lawful means all right, title, leasehold and interest in any...
• § 28-7907 Agreement With Secretary Of Transportation
  A. The director shall enter into the agreement with the United States secretary of transportation provided for by 23 United States Code section 131(d)...
• § 28-7908 Rules
  A. The director shall adopt and enforce rules governing the placing, maintenance and removal of outdoor advertising. The rules shall be consistent with: 1....
• § 28-7909 Permits; Fees; Disposition
  A. The director shall issue permits to place or maintain, or both, outdoor advertising authorized under section 28-7902, subsection A, paragraphs 1, 4, 5,...
• § 28-7910 Governmental Agency Resolution; Defined Hardship Area
  A. On receipt of any resolution or other clear direction from any state agency, county, city, town or other governmental agency and of an...
• § 28-7911 Nongovernmental Resolution; Defined Hardship Area
  A. On receipt of a resolution from any group of tourist related businesses, chambers of commerce or other such nongovernmental entities, and of an...
• § 28-7912 City, Town Or County Control Of Advertising Displays
  A. An incorporated city or town or a county may control outdoor advertising along interstate, secondary and primary highways on request to the director...
• § 28-7913 Advertising Displays; Safety Rest Areas; Information Centers
  To provide information in the specific interest of the traveling public, the director may authorize advertising displays at safety rest areas and at information
• § 28-7914 Construction Of Article
  This article is cumulative and supplemental to other provisions of law and does not affect or enlarge any authority of counties, cities or towns...
• § 28-7915 Violation; Classification
  A person who violates this article or a rule of the director adopted under this article is guilty of a class 2 misdemeanor.

Article 2 Junkyards

• § 28-7941 Definitions
  In this article, unless the context otherwise requires: 1. " Automobile graveyard" means an establishment or place of business maintained, used or operated for...
• § 28-7942 Junkyards; Screening; Relocation; Rules
  A. If it is considered feasible by the director, the director may screen a junkyard that is in existence on July 1, 1974, that...
• § 28-7943 Junkyards; Screening License
  A. After July 1, 1974, a person shall not establish a new junkyard or expand a junkyard lawfully existing on July 1, 1974, any...
• § 28-7944 Junkyards; Nuisance; Injunction
  The establishment, operation or maintenance of a junkyard contrary to this article is a public nuisance, and the governing body responsible for the street...
• § 28-7945 Construction Of Article
  This article does not affect the provisions of any lawful ordinance or regulation that is more restrictive than this article.
• § 28-7946 Violation; Classification
  A person who violates this article or a rule of the director adopted under this article is guilty of a class 2 misdemeanor.

Chapter 24 LOCAL TRANSPORTATION ASSISTANCE
Article 2 Public Transportation Assistance

• § 28-8131 State Assistance; Regional Public Transportation Activities
  A. Pursuant to section 28-332, the department may cooperate with cities, towns, counties and other governmental authorities, including regional planning agencies, to plan and...
• § 28-8132 Funding; Improving Transit Services
  A. The department may make grants to governmental authorities provided in section 28-8131 for the purposes provided in this article and may cooperate with...
• § 28-8133 Demonstration Or Pilot Projects
  A. The department may conduct demonstration or pilot projects to evaluate the effectiveness of new, extended, improved or integrated public transportation services, bicycle activities,...
• § 28-8134 Department Participation; Limitation
  In a county in which a regional public transportation authority has been established pursuant to title 48, chapter 29, the department may participate in...

Chapter 25 AVIATION
Article 1 General Provisions

• § 28-8201 Definitions
  In this article and articles 2 through 5 of this chapter, unless the context otherwise requires: 1. " Aeronaut" includes any aviator, pilot, balloonist...
• § 28-8202 State Aviation Fund
  A. A state aviation fund is established consisting of the following: 1. Aviation fuel taxes or motor vehicle fuel taxes deposited by the department....
• § 28-8204 State Owned Airports; Fees
  The director may establish fees for use of state owned airports and appurtenant facilities, including the following: 1. Landing and takeoff for commercial aircraft....
• § 28-8205 Construction Of New Airports; Definitions
  A. A new airport shall not be constructed within the boundaries of an urbanized area or within twenty-four statute miles of the exterior boundary...
• § 28-8206 Sovereignty
  This state has sovereignty in space above land and water of this state, unless sovereignty is granted to and assumed by the United States...
• § 28-8207 Ownership
  Ownership of space above land and water of this state is vested in the several owners of the surface beneath, subject to the right...
• § 28-8208 Crimes, Torts And Other Wrongs; Governing Law
  A. Any crime, tort or other wrong that is committed by or against an aeronaut or passenger while in flight over this state is...
• § 28-8209 Legal Relationships While In Flight
  Any contractual or other legal relationship entered into by aeronauts or passengers while in flight over this state have the same effect as if...
• § 28-8210 Civil Air Patrol; Federal Monies
  Notwithstanding any other law, the civil air patrol may receive monies directly or indirectly from the United States department of homeland security.

Article 2 Aeronautics Division

• § 28-8241 Aeronautics Division; Assistant Director
  A. An assistant director for aeronautics who has an aeronautical background shall administer the aeronautics division of the department. B. The compensation of the...
• § 28-8242 Powers And Duties
  A. The department: 1. Shall cooperate with all state, local and federal organizations to encourage and advance the safe and orderly development of aviation...
• § 28-8243 Abandoned Aircraft; Definition
  A. A person shall not abandon an aircraft on property of another. B. A peace officer who has reasonable grounds to believe that an...
• § 28-8244 Hearing; Appeal
  A. A person who is aggrieved by a decision made within the department pursuant to this article or article 1, 3, 4 or 5...

Article 3 Aircraft Operation

• § 28-8271 Federal License; Violation
  A. A person who operates aircraft in this state for which a license is required by the United States or a federal agency shall...
• § 28-8272 Federal Regulation; Licensing And Registration; Violation
  A. Aircraft operating in this state shall conform to design, construction and airworthiness standards prescribed by the United States or the appropriate federal agency...
• § 28-8273 Damage Responsibility
  A. A pilot is responsible for damage to a person or property that is caused by aircraft directed by the pilot or under the...
• § 28-8274 Aircraft Collisions; Liability
  The law applicable to torts on land determines the liability of the owner of one aircraft to the owner of another aircraft or to...
• § 28-8275 Insurance Coverage Disclosure; Civil Penalty
  A. A person who rents an aircraft to another person shall both: 1. Deliver to the renter a written notice stating the nature and...
• § 28-8276 Violations; Classification
  A. Unless another classification is provided, a person who violates this article is guilty of a class 3 misdemeanor. B. An act or omission...
• § 28-8277 Low Altitude Flying Prohibited
  Flight of aircraft over lands and waters of this state is lawful, unless either: 1. It is at a low altitude that interferes with...
• § 28-8278 Landing Prohibition; Liability
  A. Landing of aircraft on lands or waters of another without consent of the owner of the lands or waters is unlawful, unless it...
• § 28-8279 Trick Or Acrobatic Flying; Low Level Flying; Dropping Objects; Classification
  An aeronaut or passenger who does any of the following while in flight over a densely inhabited area or over a public gathering in...
• § 28-8280 Careless Or Reckless Aircraft Operation; Classification
  A person who operates an aircraft in the air, on the ground or on the water in a careless or reckless manner that endangers...
• § 28-8281 Killing Birds Or Animals; Classification
  A. Except as provided in subsection B, an aeronaut or passenger who intentionally kills birds or animals while in flight is guilty of a...
• § 28-8282 Prohibited Operation; Under The Influence; Incapacitation
  A. A person shall not operate or be in actual physical control of an aircraft if the person is either: 1. Under the influence...
• § 28-8283 Implied Consent; Immunity
  A. A person who operates or is in actual physical control of an aircraft in the air or on the ground or water gives...
• § 28-8284 Violation; Classification
  A. A person who is convicted of a violation of section 28-8282 is guilty of a class 1 misdemeanor and shall be sentenced to...
• § 28-8285 Alcohol Abuse Screening Session
  The court shall order a person convicted of a violation of section 28-8282 to complete an alcohol abuse screening session. The convicted person shall...
• § 28-8286 Alternative Sentencing
  If pursuant to section 28-8284, subsection E a court orders a person convicted of a violation of section 28-8282 to be sentenced pursuant to...
• § 28-8287 Second Offense
  A. If a person is convicted of a second violation of section 28-8282 or is convicted of a violation of section 28-8282 and has...
• § 28-8288 Third Or Subsequent Offense
  A. If a person is convicted of a third or subsequent violation of section 28-8282 or is convicted of a violation of section 28-8282...
• § 28-8289 Political Subdivision; Immunity
  A political subdivision processing or utilizing the services of a person ordered to perform community restitution pursuant to this article is not civilly liable...
• § 28-8290 Employment Permitted
  A. On pronouncement of a jail sentence under section 28-8284, 28-8287 or 28-8288, the court may provide in the sentence that the defendant may...
• § 28-8291 Prior Convictions Allowed
  A. The court: 1. Shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-8282 that...
• § 28-8292 Waiver Of Fine, Surcharge Or Assessment
  Notwithstanding any other law, the court shall not waive a fine or assessment imposed pursuant to this article or a surcharge imposed pursuant to...

Article 4 Aircraft Registration and Taxation

• § 28-8321 Definition Of Resident
  For the purpose of registration of an aircraft, " resident" has the same meaning prescribed in section 28-2001.
• § 28-8322 Registration; Exceptions
  A. Aircraft based in this state shall be registered with the department. B. A person or governmental entity shall register an aircraft by applying...
• § 28-8323 Government And Dealer Aircraft Registration; Fees
  A. This state, any political subdivision of this state or the civil air patrol shall register aircraft it owns and operates exclusively in the...
• § 28-8324 Registration; License Tax; Proration; Fee
  A. Aircraft on which a license tax is due under section 28-8335 shall not be registered until the license tax is paid. B. If...
• § 28-8325 Registration Fee; Certificate; Decal; Duplicate
  A. On payment of a registration fee of five dollars, the license tax and the penalty, if any, the department shall issue a certificate...
• § 28-8326 Aircraft Dealers; Registration Application; Penalty
  A. At the time of the sale, aircraft dealers shall have the aircraft buyer prepare and sign an application for aircraft registration. The dealer...
• § 28-8327 Exemption Claim
  A. On request of the department, a person who claims that an aircraft is exempt from payment of the license tax or registration fee...
• § 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...
• § 28-8329 Late Registration; Penalty; Abatement
  A. If an aircraft required to be registered under this article is not registered within sixty days after its entry into this state and...
• § 28-8330 Lien
  A. The license tax, registration fee and penalty constitute a lien on the aircraft on which they are due from the due date. B....
• § 28-8331 Seized Aircraft Sale
  A. If an aircraft has been seized under this article and held for a period of sixty days and license taxes, registration fees, penalties,...
• § 28-8332 Registration; Transfer Or Assignment
  A. If a person who registered an aircraft under this article transfers or assigns title to or interest in the aircraft, the registration of...
• § 28-8334 Aircraft Loss Or Destruction
  If an aircraft registered under this article is lost or destroyed, the registration of the aircraft expires. The person to whom the aircraft is...
• § 28-8335 License Tax; Tax Rate
  A. An annual license tax is imposed on all aircraft based in this state and required to be registered pursuant to this article, unless...
• § 28-8336 Nonresident; License Tax Rate
  The license tax for a nonresident whose aircraft is based in this state for more than ninety days but less than two hundred ten...
• § 28-8337 Stored Or Repaired Aircraft; License Tax Rate
  A. The annual license tax for aircraft that is in storage or that is being repaired is twenty dollars for each aircraft, except for...
• § 28-8338 Salvage Aircraft; License Tax Rate; Definition
  A. The annual license tax for a salvage aircraft that is in storage or that is being restored is five dollars for each aircraft,...
• § 28-8339 Special Aircraft; License Tax Rate; Definitions
  A. The annual license tax for an antique, classic, warbird, glider, experimental, homebuilt or balloon aircraft is twenty dollars for each aircraft. B. To...
• § 28-8340 Manufacturer's Aircraft; Definition
  A. The annual license tax for a manufacturer's aircraft is twenty dollars for each aircraft. B. To qualify for the tax under this section,...
• § 28-8341 Maintenance Aircraft; License Tax Rate; Definition
  A. The annual license tax for a maintenance aircraft owned by a nonresident is twenty dollars for each aircraft, unless an exemption is established...
• § 28-8342 Fair Market Value Determination
  For the calendar year, the department shall annually determine the fair market value required by sections 28-8335 and 28-8336 as established by the dealer...
• § 28-8343 Aircraft Total Loss; Violation; Classification
  A. If a company that insures an aircraft determines the aircraft is a total loss, the insurer shall provide to the department an affidavit...
• § 28-8344 Aviation Fuel Tax; Rate; Definition
  A. In addition to all other taxes provided by law, each supplier shall pay to this state a tax of five cents for each...
• § 28-8345 Registration Fees; Penalties; Taxes; Distribution
  A. Monies received from the registration fees collected pursuant to this article shall be deposited, pursuant to sections 35-146 and 35-147, in the state...
• § 28-8346 Filing By Mail; Date Of Filing
  A. On receipt of any notice, affidavit, application, registration or other document that must be filed with the department pursuant to this article after...
• § 28-8347 Civil Penalties
  The director may impose a civil penalty against a person required to register an aircraft under this article as follows: 1. In an amount...

Article 5 Aircraft Dealers

• § 28-8381 Definition Of Aircraft Dealer
  In this article, unless the context otherwise requires, " aircraft dealer" means a person who is either: 1. Engaged in the business of buying,...
• § 28-8382 License Requirement; Application; Renewal; License Tax; Liability
  A. A person shall not act as an aircraft dealer without first obtaining a license from the director that authorizes the person to engage...
• § 28-8383 Aircraft Dealer Duties
  A. An aircraft dealer shall both: 1. Obtain a tax privilege license from this state. 2. Notify the department within ten days after the...
• § 28-8384 Bond Or Cash Deposit
  A. The aircraft dealer shall file with the department a continuous corporate surety bond for the benefit of this state or a cash deposit...
• § 28-8385 Records
  A. An aircraft dealer shall make and retain for three years records that the director may prescribe as being reasonably necessary to substantiate the...
• § 28-8386 Violation; Classification
  A person is guilty of a class 6 felony if the person either: 1. Acts as an aircraft dealer without obtaining an aircraft dealer's...

Article 6 Airports in General

• § 28-8411 Authority Of Cities, Towns And Counties; Limitation
  A. The governing body of a city or town or the board of supervisors of a county may: 1. Acquire, establish, construct, own, control,...
• § 28-8412 Airports; Public Purpose
  Lands that are acquired, owned, controlled or occupied by the department, in the operation and maintenance of the Grand Canyon national park airport, or...
• § 28-8413 Acceptance By State, Cities, Towns Or Counties Of Federal Or Other Aid
  A. This state or a county, city or town may: 1. Accept and receive federal and other monies, either public or private, for the...
• § 28-8414 City And Town Airport Disposal
  By resolution, the governing body of a city or town: 1. May sell, lease and dispose of an airport acquired under this article. 2....
• § 28-8415 Real Property Interests; Airport Purposes
  A. The department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county may accept and...
• § 28-8416 Private Property Acquisition; Airport Purposes
  A. A city, town or county that acquires private property for an airport shall acquire the property by purchase, if the city, town or...
• § 28-8417 Payment For Real Property; Bonds
  The purchase price for real property acquired for an airport may be paid from either: 1. Monies available for the purchase. 2. Wholly or...
• § 28-8418 Airport Construction And Operation; Charge
  A. The governing body of a city or town or the board of supervisors of a county that has established an airport and that...
• § 28-8419 Airport Rules, Fees And Charges; Limitation
  A. The department, in the operation and maintenance of the Grand Canyon national park airport, and the governing body of a city or town...
• § 28-8420 Agreements; Joint Airport Operations
  The department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county may enter into agreements...
• § 28-8421 Joint Exercise Of Powers
  The powers, rights and authority granted by this article to a city, town or county may be exercised by either: 1. Two or more...
• § 28-8422 Adjoining State Monies For Airports
  A. This state or a county, city or town may spend monies received from an adjoining state for the purpose of enlarging, improving, maintaining,...
• § 28-8423 Airport Land Lease; Nonprofit Corporation
  A. If the department, in the operation and maintenance of the Grand Canyon national park airport, or if a city, town or county has...
• § 28-8424 Nonprofit Corporation Lessees; Status; Authority; Exemptions
  A. A nonprofit corporation that is a lessee as provided in section 28-8423: 1. Is a validly organized and existing body politic and corporate...
• § 28-8425 Lease Authority; Airport Or Air Terminal Purposes
  A. The department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county may lease land...
• § 28-8426 Airport Police; Powers; Qualifications
  A. The governing body of a public airport operating pursuant to sections 28-8423 and 28-8424 may appoint one or more persons to be designated...
• § 28-8427 Police Aides
  A. Whether or not airport police officers have been appointed pursuant to section 28-8426, the governing body may appoint unarmed airport police aides who...
• § 28-8428 Liability; Airport Police And Aides
  A. The governing body of each airport appointing an airport police officer or airport police aide is liable for any and all acts of...

Article 7 Airport Zoning and Regulation

• § 28-8461 Definitions
  In this article, unless the context otherwise requires: 1. " Accident potential zone one" means an area three thousand feet wide by five thousand...
• § 28-8462 Airport Hazard; Public Nuisance; Prevention And Elimination
  A. It is declared that: 1. The creation or establishment of an airport hazard is a public nuisance and a public injury to the...
• § 28-8463 Acquisition Of Facilities Or Nonconforming Property; Exception
  A. If it is desired to remove, lower or otherwise terminate a nonconforming structure or use, if the approach protection necessary cannot be accomplished...
• § 28-8464 Political Subdivisions; Airport Zoning Regulations
  To prevent an airport hazard, a political subdivision that has an airport hazard area within its territorial limits may adopt, administer and enforce airport...
• § 28-8465 Joint Airport Zoning Board
  A. If an airport is owned or controlled by a political subdivision and an airport hazard area is located outside its territorial limits, the...
• § 28-8466 Zoning Regulations; Relationships
  A. If a political subdivision has adopted or adopts a comprehensive zoning ordinance regulating the height of buildings, an airport zoning regulation applicable to...
• § 28-8467 Airport Zoning Regulations; Procedure; Airport Zoning Commission
  A. In adopting, amending and repealing an airport zoning regulation under this article, the political subdivision or joint airport zoning board shall follow the...
• § 28-8468 Airport Zoning Regulations; Criteria; Limitations
  A. Airport zoning regulations adopted under this article shall be reasonable and shall not impose a requirement or restriction that is not reasonably necessary...
• § 28-8469 Airport Zoning Regulations; Administrative Agency; Duties
  A. Airport zoning regulations adopted under this article shall provide for the administration and enforcement of the regulations by either: 1. An administrative agency...
• § 28-8470 Permit
  A. An airport zoning regulation adopted under this article may require that a permit be obtained before a new structure or use may be...
• § 28-8471 Variance
  A. A person who wants to erect or increase the height of a structure, permit the growth of a tree or otherwise use the...
• § 28-8472 Permit; Variance; Condition; Hazard Indicators
  In granting a permit or variance under section 28-8470 or 28-8471, the administrative agency or board of adjustment, if it deems the action advisable...
• § 28-8473 Airport Zoning Regulations; Board Of Adjustment; Powers; Composition; Proceedings
  A. Airport zoning regulations adopted under this article shall provide for a board of adjustment that exercises the following powers: 1. Hear and decide...
• § 28-8474 Board Of Adjustment; Appeals
  A. A person who is aggrieved or a taxpayer who is affected by a decision of an administrative agency made in the administration of...
• § 28-8475 Appeals; Superior Court
  A. A person who is aggrieved or a taxpayer who is affected by a decision of a board of adjustment, or a governing body...
• § 28-8476 Violation; Classification
  A violation of this article or of a regulation, order or ruling made pursuant to this article is a class 3 misdemeanor. Each day...
• § 28-8477 Remedies
  A. The political subdivision or agency adopting airport zoning regulations under this article may institute in a court of competent jurisdiction an action to...
• § 28-8478 Resolutions; Ordinances; Vehicle Operations In Airports
  A. If an airport that is operated by a nonprofit corporation, as authorized by this article, is located outside the corporate limits of a...
• § 28-8479 Regulation; Limitation
  A. This article does not authorize the governing body of a city or town or the board of supervisors of a county to restrict...
• § 28-8480 Military Airport Continuation; Land Acquisition
  In addition to authority granted pursuant to other provisions of law, a political subdivision may acquire, by exchange, purchase, lease, donation, devise or condemnation,...
• § 28-8481 Planning And Zoning; Military Airport And Ancillary Military Facility's Operation Compatibility; Compliance Review; Penalty; Definitions
  A. A political subdivision that has territory in the vicinity of a military airport or ancillary military facility that includes property in a high...
• § 28-8482 Incorporation Of Sound Attenuation Standards In Building Codes
  A. A political subdivision that includes territory in the vicinity of a military airport or ancillary military facility shall incorporate the sound attenuation standards...
• § 28-8483 Registry Of Military Airport Flight Operations; Public Inspection
  The state real estate department and political subdivisions that have territory in the vicinity of a military airport shall request from each military airport...
• § 28-8484 Military Airport Disclosure; Residential Property
  A. Any public report issued after December 31, 2001 pursuant to section 32-2183 or 32-2195.03 applicable to property that is located within territory in...
• § 28-8485 Airport Influence Areas; Notice
  A. After notice and hearing, this state or the governing body of a political subdivision that has established or operates an airport may designate...
• § 28-8486 Public Airport Disclosure; Definitions
  A. The state real estate department shall have and make available to the public on request a map showing the exterior boundaries of each...

Article 8 Joint Powers Airport Authority

• § 28-8521 Joint Powers Airport Authority; Agreement; Board Of Directors
  A. In connection with the closing of a military facility after 1990, two or more cities, towns, Indian tribes or counties may enter into...
• § 28-8522 Joint Powers Airport Authority Classification
  On its formation, the joint powers airport authority is all of the following: 1. A special purpose district for purposes of article IX, section...
• § 28-8523 Annual Operating Budget
  A. Before June 1 or at an earlier time as may be specified in the agreement described in section 28-8521, the joint powers airport...
• § 28-8524 Allocation Of Monies; Sources; Public Hearing; Reuse, Development And Capital Improvement Plans
  A. Each member of the joint powers airport authority and any new member shall make a pro rata allocation of monies, as specified in...
• § 28-8525 Joint Powers Airport Authority; Withdrawal
  A. If written notice to the members of the joint powers airport authority is given at least thirty days before an operating budget must...
• § 28-8526 Joint Powers Airport Authority; Admission
  A. On written request to the current members of the joint powers airport authority and on the approval, in the manner specified in the...
• § 28-8527 Joint Powers Airport Authority; Powers
  Acting through its board of directors, the joint powers airport authority may: 1. Own and operate property and facilities related to aviation, air navigation...
• § 28-8529 Financing Authority
  The joint powers airport authority may finance the acquisition, construction, improvement or furnishing of any real or personal property or interests in property or...
• § 28-8530 Revenue Bonds; Fees And Charges
  A. The board of directors of the joint powers airport authority may pass a resolution to issue and sell airport authority revenue bonds. B....
• § 28-8531 Refunding Bonds
  The joint powers airport authority may issue and sell refunding bonds to refund any airport authority revenue bonds.
• § 28-8532 Bond Terms
  A. With respect to bonds issued pursuant to this article, the board of directors of the joint powers airport authority shall: 1. Prescribe the...
• § 28-8533 Bond Validity
  A. A bond that is issued pursuant to this article and that bears the signature of officers in office on the date the bond...
• § 28-8534 Bonds; Legal Investments
  Bonds and refunding bonds issued pursuant to this article are: 1. Securities in which all of the following may properly and legally invest: (a)...
• § 28-8535 Federal Income Tax Considerations
  The joint powers airport authority may make any covenant, order any rebate, file any tax return, report any information and order the limitation on...
• § 28-8536 Bond Proceeds; Application
  The joint powers airport authority may apply the proceeds from the sale of its bonds to further any of its lawful purposes, including to...

Chapter 26 INTERGOVERNMENTAL PUBLIC TRANSPORTATION AUTHORITIES
Article 1 Formation and Dissolution

• § 28-9101 Definitions
  In this chapter, unless the context otherwise requires: 1. " Authority" means an intergovernmental public transportation authority established pursuant to this chapter. 2. "...
• § 28-9102 Formation
  A. An intergovernmental public transportation authority may be organized as provided by this section in any county with a population of two hundred thousand...
• § 28-9103 Corporate Existence; Rights And Immunities; Official Name
  A. An authority is a corporate body and political subdivision of this state that may act in its official corporate name and has all...
• § 28-9104 Dissolution
  A. A majority of the board of directors of an authority may propose that the authority be dissolved, but only if all contractual obligations...

Article 2 Powers and Duties

• § 28-9121 Organization; Board Of Directors
  A. The executive director of the regional council of governments shall function as organizing director of the authority until replaced by a permanent general...
• § 28-9122 Administrative Powers And Duties
  A. The board shall: 1. Determine its organizational and procedural structure, adopt, amend and repeal bylaws and rules consistent with the requirements of this...
• § 28-9123 Survey Of Public Transportation Needs
  A. The board shall conduct a periodic survey of public transportation needs in the authority and determine an appropriate public transportation system to meet...
• § 28-9124 Operation And Maintenance Of Public Transportation System
  A. The board and each member governmental entity shall enter into an intergovernmental agreement to provide that the authority has sole authority for designing,...

Article 3 Financing

• § 28-9141 Authority Treasurer
  The authority shall appoint an authority treasurer or may enter into an intergovernmental agreement with the county treasurer to provide financial services for the
• § 28-9142 Public Transportation Authority Fund
  A. The authority treasurer shall maintain a public transportation authority fund consisting of all monies received by the authority including: 1. Monies appropriated or...
• § 28-9143 Annual Budget
  A. No later than June 30 of each year the board of directors shall hold a public hearing to adopt and submit to the...

Chapter 27 LIGHT RAIL TRANSIT SYSTEM SAFETY
Article 1 General Provisions

• § 28-9201 Minimum Safety Standards; Violation
  A. As prescribed by 49 United States Code section 5330 and 49 Code of Federal Regulations part 659 (1995), the department shall establish, implement...
• § 28-9202 Public Records; Confidentiality
  The department's information relating to the safety oversight of light rail transit systems and street car systems in a county with a population of...
• § 28-9203 Risk Management; Payment Of Costs
  The organization that operates a light rail transit system shall: 1. Pay for any risk management costs the department incurs resulting from the department's...

Chapter 29 RAILROAD PROJECT REVIEW
Article 1 General Provisions

• § 28-9401 Major Rail Project; Review; Fee; Fund; Hearing; Exception; Definitions
  A. If a railroad has identified a route or site or identifies a preferred alternative route or site for a major rail project, the...
• § 28-9402 Freight Advisory Council
  The director shall establish a freight advisory council to advise the director regarding freight systems issues, infrastructure and planning in this state.

Chapter 30 FOR-HIRE TRANSPORTATION
Article 1 General Provisions

• § 28-9501 Definitions
  (Eff. 7/1/16) In this chapter, unless the context otherwise requires: 1. " Commercial device" means any measuring device that is used to determine the...
• § 28-9502 Powers And Duties
  (Eff. 7/1/16) A. The department shall: 1. Adopt any rules necessary to carry out this chapter and adopt reasonable rules for the enforcement of...
• § 28-9503 Licensing Of Devices Used For Commercial Purposes; Fees; Posting; Violation; Classification
  (Eff. 7/1/16) A. A person may not use a commercial device unless the device is licensed as provided in this chapter. B. A license...
• § 28-9504 Fees To General Fund
  (Eff. 7/1/16) The director shall deposit, pursuant to sections 35-146 and 35-147, all fees collected pursuant to this chapter in the state general fund.
• § 28-9505 Meters; Duplicate Receipts
  (L15, Ch. 244, sec. 32. Eff. 7/1/16) A. Every taxi that has a charge or fare based on time or mileage or both time...
• § 28-9506 Taxi And Livery Vehicle Signage
  (L15, Ch. 244, sec. 32. Eff. 7/1/16) A. A taxi or livery vehicle shall display interior signage that contains the licensee's business name and...
• § 28-9507 Livery Vehicles, Taxis And Limousines; Criminal Background Checks; Vehicle Safety Records; Zero‑tolerance Policy; Drug And Alcohol Use By Driver; Passenger Complaints
  (L15, Ch. 244, sec. 32. Eff. 7/1/16) A. An owner of a livery vehicle, taxi or limousine licensed through the department shall have available...

Article 2 Regulation

• § 28-9521 Unlawful Use Of Device; Authorization To Prevent Such Use; Seizure; Violation; Classification
  (Eff. 7/1/16) A. When any commercial device specified in this chapter is in commercial use and a valid license for the device has not...
• § 28-9522 Revocation Or Suspension Of Licenses; Procedure; Judicial Review
  (Eff. 7/1/16) A. Except as otherwise provided by this section, any proceeding to revoke or suspend a license issued pursuant to this chapter shall...
• § 28-9523 Violations; Classification; Jurisdiction
  (Eff. 7/1/16) A. A person is guilty of a class 1 misdemeanor who: 1. Knowingly hinders, interferes with or obstructs in any way the...
• § 28-9524 Presumptive Evidence Of Use
  (Eff. 7/1/16) When a weight, measure, meter, counter or commercial device is in or about any place in which or from which buying or...
• § 28-9525 Civil Penalties
  (Eff. 7/1/16) A. A person who violates this chapter, any rule of the department or any license requirement is subject to a civil penalty...
• § 28-9526 Delinquent Civil Penalties And Fees
  (Eff. 7/1/16) In addition to any other penalty, if a civil penalty or any fee due pursuant to this chapter has not been paid...

Article 3 Transportation Network Companies

• § 28-9551 Definitions
  In this article, unless the context otherwise requires: 1. " Digital network or software application" means any online-enabled application, software, website or system that...
• § 28-9552 Transportation Network Companies; Permit; Fee; Agent; Trade Dress
  A. A person may not act as a transportation network company driver in this state unless the transportation network company has been issued a...
• § 28-9553 Transportation Network Services; Fares; Driver Identification; Electronic Receipt
  A. On behalf of a transportation network company driver, a transportation network company may charge a fare for transportation network services provided to passengers....
• § 28-9554 Zero-Tolerance Policy; Drug And Alcohol Use By Driver; Passenger Complaints
  A. A transportation network company shall implement a zero-tolerance policy on the use of drugs and alcohol while a transportation network company driver is...
• § 28-9555 Transportation Network Company Duties; Driver Requirements
  A. Before a person may accept trip requests through a digital network or software application, the transportation network company shall do all of the...
• § 28-9556 Transportation Network Services; Civil Penalty; Street Hails Prohibited; Records
  A. A transportation network company driver shall accept rides booked and paid for exclusively through a transportation network company's digital network or software application....
• § 28-9557 Transportation Network Companies; Drivers; Transaction Privilege Tax Prohibited
  A transportation network company that has a permit issued pursuant to this article and a transportation network company driver may not be required to...
• § 28-9558 Transportation Network Company Disclosures; Insurance Proceeds
  A. A transportation network company shall disclose to its transportation network company drivers, in writing or in an electronic format, the following information before...

Last modified: October 13, 2016