Title 28, Transportation

A. Except as otherwise provided, this chapter applies to all commercial motor vehicles, commercial motor vehicle combinations and manufacturers, shippers, motor carriers and drivers who operate, cause the operation of, ship materials using or transport persons or property using c…

A. A motor carrier safety revolving fund is established consisting of monies appropriated to the fund by the legislature, monies deposited pursuant to this chapter and monies received from private grants or donations if so designated by the grantor or donor. B. Monies in the fund…

A. In the administration and enforcement of this chapter, the department of transportation shall adopt: 1. Reasonable rules it deems proper governing the safety operations of motor carriers, including rules governing safety operations of motor carriers, shippers and vehicles tran…

A. For the purpose of enforcement of this chapter, a manufacturer, shipper and motor carrier shall maintain and keep within this state books, records and other data as required by the department. The manufacturer, shipper or motor carrier shall not destroy the books, records and …

A. If after reviewing a report submitted by a law enforcement agency authorized to enforce this chapter the director determines that probable cause exists to believe that the continued operation by a manufacturer, shipper or motor carrier or the continued operation of a motor veh…

A. If the department adopts 49 Code of Federal Regulations parts 390 through 397 as a rule, a telecommunications corporation engaged in rendering public utility service or a railroad and its employees whose work necessarily involves the operation of a motor vehicle weighing more …

A. A person who owns or leases a vehicle transporting hazardous materials, hazardous substances or hazardous wastes shall notify the director of all vehicles transporting the materials, substances or wastes in a manner prescribed by the director. Each notification shall contain t…

A. A person shall not operate a vehicle that transports hazardous materials, hazardous substances or hazardous wastes on a highway in this state unless the vehicle has been properly inspected pursuant to 49 Code of Federal Regulations. B. A person shall not transport or cause the…

A. The director may conduct a hearing if a law enforcement agency authorized to enforce this chapter alleges that probable cause exists that a manufacturer, shipper, motor carrier or driver refuses to comply with section 28-5231 or has failed to comply with this chapter or a rule…

A. If the director imposes a civil penalty on the manufacturer, motor carrier, shipper or driver, the civil penalty is determined pursuant to the following schedule: 1. A minimum civil penalty of one thousand dollars but not more than five thousand dollars, or if the director det…

Decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6. The court shall consider only evidence that was presented at the original hearing.

A. An equipment violation of this chapter or any rule adopted pursuant to this chapter is a civil traffic violation. B. The driver of a commercial motor vehicle who violates or fails to comply with this chapter or any rule adopted pursuant to this chapter is responsible for a civ…

A. A driver, motor carrier, shipper or manufacturer that violates an out-of-service order is guilty of: 1. A class 2 misdemeanor for a first offense. 2. A class 1 misdemeanor for a second offense. 3. A class 6 felony for any subsequent offense. B. The attorney general may enforce…

A. A motor carrier shall not operate in this state a motor vehicle involved in interstate or foreign commerce or require or allow a driver to operate a motor vehicle involved in interstate or foreign commerce unless the motor carrier is registered pursuant to 49 United States Cod…

A. A motor carrier shall not knowingly require, authorize or permit a driver to violate any federal, state or local railroad crossing law, ordinance or regulation. B. The court shall impose a civil penalty of not more than ten thousand dollars on a motor carrier who violates this…

A. Notwithstanding any other law, a foreign motor carrier or foreign private motor carrier that is required to have a certificate of registration issued by the United States secretary of the department of transportation pursuant to 49 Code of Federal Regulations sections 368.1 th…

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 in the Arizona highway user revenue fund.

In this article, unless the context otherwise requires: 1. "Declared gross weight" means the gross weight in pounds ascribed to a motor vehicle, trailer, semitrailer or vehicle combination by the applicant for registration. 2. "Gross weight" means the sum of the empty weight in p…

A. This article applies to all of the following: 1. A trailer or semitrailer with a gross weight of ten thousand pounds or less and that is used in the furtherance of a commercial enterprise. 2. A motor vehicle or vehicle combination if the motor vehicle or vehicle combination is…

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 registration of a vehicle that is subject to this article pursuant to section 28-5432 a commercial registration fee of four dollars and a gross …

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 for each month of the year that elapsed since the first day of the month following the date of transfer of the vehicle or vehicle …

A. A person may increase the declared gross weight of a vehicle or vehicle combination after the original registration and during the registration year by reregistration of the vehicle or vehicle combination. The person shall pay a fee in addition to the gross weight fee prescrib…

A. On application, a resident owner of a motor vehicle, trailer or semitrailer that is operated solely in seasonal agricultural work and that is subject to the fees prescribed by section 28-5433 may pay a reduced fee for a period of at least ninety days but less than a full year.…

A person who operates or who causes, permits or authorizes the operation on the public highways of this state of a vehicle singly or in a vehicle combination with a gross weight in excess of the vehicle's or vehicle combination's declared gross weight: 1. Is guilty of a class 2 m…

A. A person who violates this article is: 1. Subject to a civil penalty either: (a) As prescribed in subsection B of this section. (b) Of one dollar if the excess weight is one thousand pounds or less. 2. Guilty of a class 3 misdemeanor for a second violation of this article with…

A. In addition to all other fees, a person registering a motor vehicle or vehicle combination in this state under chapter 7, article 7 or 8 of this title or section 28-2324 shall pay for each motor vehicle or vehicle combination a highway use fee determined according to the follo…

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 to the following table: Gross weight Use fee Use fee for 1978 and older models 75,001 - 80,000 $ 110 $ 40 70,001 - 75,000 105 35 6…

A. The highway use fee provided by this article is based on the gross weight as declared for the gross weight fee pursuant to section 28-5433. B. The department shall reduce the highway use fee liability for a registration year for a fleet of vehicles proportionally registered pu…

A. The director may adopt rules establishing a fee based on the number of axles attached to a foreign vehicle or a foreign vehicle combination that is imposed on nonresidents operating or causing the operation of a foreign vehicle or foreign vehicle combination that enters this s…

In this article, unless the context otherwise requires: 1. "Declared gross weight" has the same meaning prescribed in section 28-5431. 2. "Light motor vehicle" means a self-propelled motor driven vehicle that has a declared gross weight of twelve thousand or fewer pounds and that…

A. Beginning on January 1, 1998, in addition to the registration and gross weight fees required by this title, an annual light motor vehicle fee of sixty-four dollars is imposed on each light motor vehicle. B. The light motor vehicle fee imposed by this section shall be added to …

In this article and articles 2 and 5 of this chapter, unless the context otherwise requires: 1. "Blending": (a) Means the mixing of one or more products, regardless of the original character of the product blended, if the product obtained by the blending is capable of use or othe…

The following persons have authority to enforce this article: 1. The director of the department of transportation and the director's duly appointed agents. 2. The associate director of the weights and measures services division of the Arizona department of agriculture and the ass…

A. The director may take samples of any liquid believed to be motor fuel and may make or cause to be made an analysis of the liquid. B. The chemistry department or other qualified department of the university of Arizona shall: 1. Analyze samples on request of the director. 2. Pro…

The department may set up in its budget for the fiscal year an item from which a person, other than a state officer or employee, who directs the attention of the director to a person who has failed to file the required reports and has failed to pay taxes imposed by this article o…

A. A vendor shall not collect more than the use fuel tax imposed pursuant to section 28-5606, subsection B, paragraph 1 from a person who purchases use fuel for use in the propulsion of a light class motor vehicle on a highway in this state or for use in the propulsion of a use c…

A. In addition to all other taxes provided by law, a tax of eighteen cents per gallon is imposed on motor vehicle fuel possessed, used or consumed in this state. B. To partially compensate this state for the use of its highways: 1. A use fuel tax is imposed on use fuel used in th…

A. A person who is not licensed as a supplier and who imports motor fuel from a point outside this state to a point in this state shall pay both: 1. The tax at a department facility approved by the director before importing the fuel. 2. A twenty-five dollar administrative process…

A. An owner or operator of a motor vehicle, watercraft or aircraft who imports motor fuel into this state in the fuel tank or tanks of a motor vehicle, watercraft or aircraft in a quantity exceeding the capacity of the fuel tank or tanks of that vehicle, watercraft or aircraft ac…

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 not apply to railroad common carriers that are not engaged in the business of a supplier for pecuniary gain…

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 28-8344: 1. Motor fuel for which proof of export is available in the form of a terminal-issued destination state shipping paper or bill of …

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 complied with, a person who buys and uses motor vehicle fuel shall receive a refund in the amount of the tax if the person pays the tax on the …

A. A person who is seeking a refund and who is not licensed as a supplier, interstate user, restricted distributor or use fuel vendor shall: 1. File an application with the director within six months after the date of sale. 2. Submit proof satisfactory to the director of the foll…

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 within three years after the date of purchase or invoice of the motor fuel for which a refund is claimed. B. For the purposes of this section…

A. If a vendor pays the use fuel tax rate for use class motor vehicles on use fuel that is actually used in the propulsion of a light class motor vehicle on a highway in this state or that is actually used in the propulsion of a use class motor vehicle that is exempt pursuant to …

A. For the proper administration of this article and to prevent evasion of the use fuel tax, it is presumed, until the contrary is established by competent proof under rules and procedures the director adopts, that all use fuel received into any receptacle on a motor vehicle from…