Title 28 — Transportation

In this chapter, unless the context otherwise requires: 1. "Budget" means the annual highway program prepared by the department. 2. "Division" means the highway division of the department of transportation. 3. "State engineer" means the assistant director for the division.

A. The director shall appoint a state engineer to administer the division. B. The state engineer shall be both: 1. A civil engineer registered to practice in this state. 2. Familiar with the theory of and experienced in the practice of highway construction, maintenance, design or…

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 the following powers and duties: 1. Direct the preparation of all plans and specifications for work on state highways or sta…

A. All items of construction or reconstruction of department facilities involving an expenditure of $189,000 or more shall be called for by advertising in a newspaper of general circulation published in this state for either: 1. Two consecutive publications if it is a weekly news…

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 by the department to the contractor on the basis of a duly certified and approved estimate of the work performed duri…

A. The sum of thirty thousand dollars is appropriated from the state highway fund to the department for deposit in a special fund designated as the contract counsel fund. The department of transportation shall spend monies in the fund to reimburse the attorney general for departm…

A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be c…

A. The director shall develop a five year transportation facilities construction program according to the policies established by the board. B. To aid in the development of the five year transportation facilities construction program, the director shall appoint a departmental com…

A. On or before April 1 of each year, the board shall review the updated five year transportation facilities construction program prepared by the director. B. On or before May 1 of each year, the board shall publish a notice in a newspaper of general circulation in each county in…

A. Except as provided in subsection C of this section, on or before June 30 of each year, the board shall: 1. Adopt an updated five year transportation facilities construction program for the following five fiscal years. 2. File a written report with the director and the governor…

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 information by project as to location, description and the reasons for the project's assigned…

A. The board may change a proposed or an adopted five year transportation facilities construction program. B. If the board desires to change the priority of a project or to introduce a new project into a proposed or an adopted five year program that would result in changed priori…

The state highway fund is established that consists of: 1. Monies distributed from the Arizona highway user revenue fund pursuant to chapter 18 of this title. 2. Monies appropriated by the legislature. 3. Monies received from donations for the construction, improvement or mainten…

A. The director of the department of administration is the comptroller of all expenditures from the state highway fund. B. The duties of the director of the department of administration under this section are supervisory. The director of the department of administration shall not…

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 following purposes in strict conformity with and subject to the budget as provided by this section and by sections 28-6997 through 28-7003: 1. To pay sal…

A. The highway damage recovery account is established as a separate account in the state highway fund established by section 28-6991. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies received for damage caused to state highways, portions of highway…

A. In spending monies from the state highway fund, the department shall give preference to the requirements of the budget in the following order: 1. Constructing highways in cooperation with the United States. 2. Taking over and constructing other state highways. B. Reconstructio…

On notice from the director the state treasurer shall invest and divest monies in the state highway fund in obligations issued or guaranteed by the United States or any of the senior debt of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentaliti…

A. The fiscal year of the department begins on July 1 of each year and ends the following June 30. B. The department shall operate strictly under a budget provided and authorized by the legislature.

A. The department is subject to the provisions of title 35, chapter 1 relating to public finances and to all other acts of the legislature applicable to the expenditure of public monies. B. The department shall conform to the state budget system and shall not make expenditures un…

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 to the department pursuant to section 28-7677, principal of and interest on board funding obligations delivered pursu…

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 year. 2. Contracts or agreements for the purpose of right-of-way acquisitions that may obligate state monies for payment…

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 acquisition prescribed by law, at the discretion of the property owner, the department may enter into a contract or agreement for the purchase of…

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 of right-of-way acquisition. B. The department shall not initiate financing as prescribed in sections 28-7000 and 28-7001 a…

The director of the department of transportation may certify to the director of the department of administration the transfer of amounts from one construction program account to another construction program account only as follows: 1. Construction program items involving urban pr…

The department of administration shall prepare or delegate the duty of preparing the payroll of officers and employees of the department of transportation.

A. The director of the department of administration may issue a warrant in an amount of not more than five hundred thousand dollars on claims properly certified by the department of transportation to establish a revolving account to facilitate only the payment of small expenditur…

A. The department fleet operations fund is established that consists of: 1. Monies appropriated by the legislature to the department for the purchase, maintenance, service or repair of equipment and consumable material, including monies appropriated to pay salaries, wages and ben…

Monies in the state highway fund shall be paid only on an itemized and verified claim by the director of the department of transportation or any other bonded agent authorized by the director of the department of transportation. A claim shall be presented to and filed with the dir…

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 Arizona, to highway purposes, the department of transportation shall: 1. Maintain a strict account of all costs incurred by each fu…

A. The statewide transportation acceleration needs account is established as a separate account in the state highway fund. The account consists of all of the following, except that the source of monies in the fund shall not be a consent agreement or any type of negotiated settlem…

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. The subaccount may include: 1. Legislative appropriations. 2. Monies designated for…

1. Monies appropriated by the legislature. 2. Any nonfederal gifts, grants, donations or other monies received by the state treasurer from any public or private source for transportation projects. B. The monies in the fund shall be used to fund any phase of development or constru…

A. The state highways, to be known as state routes, consist of the highways declared before August 12, 1927 to be state highways, under authority of law, that the board, after receipt of a recommendation from the director, may add to, abandon or change. If the board proceeds cont…

A. Highways that were constructed, laid out, opened or established before August 12, 1927 as public highways by the territory or state or by a board of supervisors or political subdivision of this state and that have been used continuously by the public as thoroughfares for free …

A. At least two weeks before the designation and acceptance by the transportation board of a state route or portion of a state route as a state highway, the transportation board shall give notice to the board of supervisors of the county in which the proposed highway is located o…

The director shall: 1. Prescribe standard board and road signs or other devices and provide a uniform system of marking and signaling on state routes and state highways that correlate with and as far as possible conform to the system approved by the American association of state …

The director shall exercise complete and exclusive operational control and jurisdiction over the use of state highways and routes and adopt rules regarding the use as the director deems necessary to prevent the abuse and unauthorized use of these highways and routes.

A. If the director or the board desires to establish, open, relocate, alter, vacate or abandon a state highway or a portion of a state highway, the director shall make and deliver a written report to the board describing the highway or portion of the highway to be affected. If th…

A. This state or a political subdivision of this state shall not construct, lay out, open or establish a street, road or highway through a designated mountain preserve unless the construction of the street, road or highway is approved by a majority of the electors of a charter ci…

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 areas above or below state highways, subject to reservations, restrictions and conditions the director deems necessary to assure adequate protection of the sa…

A. If the streets of an incorporated city or town form necessary or convenient links for the connection of sections of state highways or state routes, or for carrying the state highways or state routes through the city or town, the director and the governing body of the city or t…

A. On petition of the board of supervisors of a county and if the board decides that the public convenience is served and the designation will not interfere with the completion and upkeep of the present county highway system, the board may request that the federal highway adminis…

A. The department may construct, maintain and operate roadside parks on highway property for the use and benefit of the public. B. The department may construct and erect signs and plaques marking points of historical importance on highway property. The signs and plaques shall not…

An action brought to recover possession of or to clear title to real property claimed by this state or by a political subdivision of this state as a public highway or airport or an action brought to recover compensation or damage for property taken or damaged in or for the constr…

A. A person who commits or causes to be committed any of the following acts is guilty of a petty offense: 1. Places or maintains an encroachment or obstruction on, makes any use of or otherwise occupies a public highway or airport of this state or any of its political subdivision…

A. If an encroachment is a fixed advertising device or a movable object, notice for the removal of the encroachment may be given to the occupant or owner of the reversionary interest of the land or person causing or owning the encroachment by personal service or by registered or …

A. A person traveling on a road or highway that is open for use and used by the public, that passes into or over any part of an enclosed field or pasture of another person and that has a gate or bars across the road or highway at the point of entrance to or exit from the enclosed…

A. A person who dumps, deposits, places, throws or leaves refuse, rubbish, debris, filthy or odoriferous objects, substances or other trash on a state or county highway, road, public thoroughfare, public airport, the right-of-way to a state or county highway, road, public thoroug…

The director shall cause to be printed and distributed with each license plate and each original or renewal of a driver license material relating to section 28-7056 as the director deems advisable.