Title 28 — Transportation

In this article and articles 2 through 5 of this chapter, unless the context otherwise requires: 1. "Aeronaut" includes any aviator, pilot, balloonist and other person participating in the operation of aircraft while in flight. 2. "Aircraft" includes a balloon, airplane, amphibia…

A. The state aviation fund is established consisting of the following: 1. Aviation fuel taxes or motor vehicle fuel taxes deposited by the department. 2. Monies deposited by the department as a result of the sale of an abandoned aircraft as defined in section 28-8243 or seized ai…

The director may establish fees for use of state owned airports and appurtenant facilities, including the following: 1. Landing and takeoff for commercial aircraft. 2. Aircraft tiedown. 3. Vehicle parking. 4. Equipment use. 5. Aircraft servicing. 6. Facility use. 7. Damages to eq…

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 of an urbanized area without approval of the board. B. The board shall approve construction of a new airport only if both: 1. The cons…

This state has sovereignty in space above land and water of this state, unless sovereignty is granted to and assumed by the United States pursuant to a lawful grant from this state.

Ownership of space above land and water of this state is vested in the several owners of the surface beneath, subject to the right of flight described in section 28-8277.

A. Any crime, tort or other wrong that is committed by or against an aeronaut or passenger while in flight over this state is governed by the law of this state. B. The law of this state determines whether damage by or to an aircraft while in flight over this state is a tort, a cr…

Any contractual or other legal relationship entered into by aeronauts or passengers while in flight over this state have the same effect as if entered into on the land or water beneath the aeronauts or passengers.

Notwithstanding any other law, the civil air patrol may receive monies directly or indirectly from the United States department of homeland security.

A. An assistant director for aeronautics who has an aeronautical background shall administer the aeronautics division of the department. B. The compensation of the assistant director shall be determined pursuant to section 38-611.

A. The department: 1. Shall cooperate with all state, local and federal organizations to encourage and advance the safe and orderly development of aviation in this state. 2. May: (a) Assemble and distribute to the public information relating to aviation, landing fields, navigatio…

A. A person shall not abandon an aircraft on property of another. B. A peace officer who has reasonable grounds to believe that an aircraft has been abandoned may seize the aircraft and cause its removal from property of another. A peace officer who causes the removal of an aircr…

A. A person who is aggrieved by a decision made within the department pursuant to this article or article 1, 3, 4 or 5 of this chapter may request a hearing before the director. The person shall submit a written request for the hearing to the department within thirty days after t…

A. A person who operates aircraft in this state for which a license is required by the United States or a federal agency shall have the class of license that is required. B. It is unlawful for a person to operate aircraft in this state in any manner without a license required by …

A. Aircraft operating in this state shall conform to design, construction and airworthiness standards prescribed by the United States or the appropriate federal agency for the navigation of aircraft subject to its jurisdiction. B. It is unlawful for a person to navigate an aircra…

A. A pilot is responsible for damage to a person or property that is caused by aircraft directed by the pilot or under the pilot's control and that results from the negligence of the pilot, either in controlling the aircraft or while giving instructions to another person. B. If t…

The law applicable to torts on land determines the liability of the owner of one aircraft to the owner of another aircraft or to aeronauts or passengers on either aircraft for damage caused by a collision on land or in the air.

A. A person who rents an aircraft to another person shall both: 1. Deliver to the renter a written notice stating the nature and extent of insurance coverage provided, if any, for the renter against either: (a) Loss of or damage to the hull of the aircraft. (b) Liability arising …

A. Unless another classification is provided, a person who violates this article is guilty of a class 3 misdemeanor. B. An act or omission that is unlawful pursuant to this article does not include an act or omission that violates the laws or regulations of the United States. C. …

Flight of aircraft over lands and waters of this state is lawful, unless either: 1. It is at a low altitude that interferes with the existing use to which land, water or space over the land or water is put by the owner. 2. It is conducted in a manner that is imminently dangerous …

A. Landing of aircraft on lands or waters of another without consent of the owner of the lands or waters is unlawful, unless it is a forced landing. B. The owner or lessee of the aircraft or the aeronaut is liable for damages caused by a forced landing as provided in section 28-8…

An aeronaut or passenger who does any of the following while in flight over a densely inhabited area or over a public gathering in this state is guilty of a class 1 misdemeanor: 1. Engages in trick or acrobatic flying or in any acrobatic feat. 2. Except while landing or taking of…

B. For the purposes of this section: 1. "Aircraft" includes a model aircraft and civil unmanned aircraft. 2. "Civil unmanned aircraft" has the same meaning prescribed in section 13-3729. 3. "Model aircraft" has the same meaning prescribed in section 13-3729.

A. Except as provided in subsection B, an aeronaut or passenger who intentionally kills birds or animals while in flight is guilty of a class 1 misdemeanor. B. If authorized by the Arizona game and fish commission, the following persons may take coyotes by shooting from aircraft …

A. A person shall not operate or be in actual physical control of an aircraft if the person is either: 1. Under the influence of intoxicating liquor, narcotic or other drugs or marijuana. 2. By reason of mental or physical disability, incapable of operating an aircraft under the …

A. A person who operates or is in actual physical control of an aircraft in the air or on the ground or water gives consent to a test or tests of the person's blood, breath or urine to determine the alcoholic content of the person's blood if arrested for operating or being in act…

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 serve not less than twenty-four consecutive hours in jail. B. The court shall order the person to pay a fine of not less than two hundred fifty dollars and …

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 pay the reasonable costs of the screening session.

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 this section, the court: 1. Shall order the person to pay a fine of not less than two hundred fifty dollars. 2. May order the person to per…

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 previously been convicted of an act in another state that if committed in this state would be a violation of section 28-8282 within a period of sixty mon…

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 and has previously been convicted of any combination of convictions of section 28-8282 or acts committed in another state that if committed in this …

A political subdivision processing or utilizing the services of a person ordered to perform community restitution pursuant to this article is not civilly liable to the person ordered to perform community restitution as a result of these activities unless the political subdivision…

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 be permitted, if the defendant is employed and can continue employment, to both: 1. Continue employment for not more than twelve hours pe…

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 is filed twenty or more days before the date the case is actually tried. 2. May allow the allegation of a prior conviction or any other pending cha…

Notwithstanding any other law, the court shall not waive a fine or assessment imposed pursuant to this article or a surcharge imposed pursuant to section 12-116.01 or 12-116.02 for a conviction of an offense listed in this article.

For the purpose of registration of an aircraft, "resident" has the same meaning prescribed in section 28-2001.

A. Aircraft based in this state shall be registered with the department. B. A person or governmental entity shall register an aircraft by applying to the department on a form provided by the department within sixty days after the aircraft is brought into this state. A person who …

B. All aircraft registrations under this article expire pursuant to schedules established by the director. The director may set the number of renewal periods within a month. C. If adoption of the staggered system results in the expiration of any registration more than one year af…

B. The director shall approve the request for fleet registration if, at least thirty days before the registration date, the applicant provides both of the following: 1. An application containing information necessary for qualification as a fleet registrant. 2. A list of all aircr…

A. This state, any political subdivision of this state or the civil air patrol shall register aircraft it owns and operates exclusively in the public service, but a registration fee or license tax shall not be assessed on this aircraft. If this state, any political subdivision of…

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 an aircraft that was not previously subject to registration in this state becomes subject to registration, the aircraft shall be registered pursuant to sec…

On payment of a registration fee of $5, the license tax and the penalty, if any, the department shall issue a registration certificate that must be kept with the aircraft at all times.

A. At the time of the sale, aircraft dealers shall have the aircraft buyer prepare and sign an application for aircraft registration. The dealer shall immediately forward the application to the department. B. A dealer who fails to forward the completed application to the departme…

A. On request of the department, a person who claims that an aircraft is exempt from payment of the license tax or registration fee imposed by this article shall make available for inspection the aircraft logbook and furnish the name of any pilot who has flown the aircraft during…

If an aircraft is not registered within the time periods prescribed in this article, the director shall assess registration fees, license taxes and penalties due as follows: 1. The director shall give written notice of the assessment to the owner of the aircraft by either mailing…

A. If an aircraft required to be registered under this article is not registered within sixty days after its entry into this state and renewed annually pursuant to section 28-8322.01, a penalty of $25 for the first month and $5 for each succeeding month of delinquency shall be ad…

A. The license tax, registration fee and penalty constitute a lien on the aircraft on which they are due from the due date. B. The lien has priority over any other lien or encumbrance on the aircraft, except for a lien of other state taxes that has priority by law. C. The lien co…

A. If an aircraft has been seized under this article and held for a period of sixty days and license taxes, registration fees, penalties, lien recording fees and costs and expenses of seizure are not paid in full, the sheriff of the county in which the aircraft is found shall sel…

A. If a person who registered an aircraft under this article transfers or assigns title to or interest in the aircraft, the registration of the aircraft expires. B. Within sixty days after the transfer or assignment, the person to whom the transfer or assignment is made shall reg…

If an aircraft registered under this article is lost or destroyed, the registration of the aircraft expires. The person to whom the aircraft is registered, or, if that person dies, that person's legal representative, shall inform the department in writing of the loss or destructi…