Title 28 — Transportation

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…

A. An annual license tax is imposed on all aircraft based in this state and required to be registered pursuant to this article, unless an exemption for the aircraft is established pursuant to this article. The license tax is payable to the department on initial registration and a…

The license tax for a nonresident whose aircraft is based in this state for more than ninety days but less than two hundred ten days in a calendar year is equal to one-tenth of one per cent of the average fair market value of the particular make, model and year of aircraft if the…

A. The annual license tax for aircraft that is in storage or that is being repaired is $20 for each aircraft, except for an aircraft taxed under section 28-8341. B. To qualify for the tax under this section, the aircraft owner shall annually file a sworn affidavit on a form provi…

A. The annual license tax for a salvage aircraft that is in storage or that is being restored is $5 for each aircraft, and the tax shall not be prorated. B. To qualify for the tax under this section, the salvage aircraft owner shall annually file a sworn affidavit on a form provi…

A. The annual license tax for an antique aircraft, classic aircraft, warbird aircraft, glider aircraft, experimental aircraft or homebuilt aircraft is $20 for each aircraft. B. To qualify for the tax under this section, the aircraft owner shall annually apply on a form provided b…

A. The annual license tax for a manufacturer's aircraft is $20 for each aircraft. B. To qualify for the tax under this section, the manufacturer's aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last…

A. The annual license tax for a maintenance aircraft owned by a nonresident is $20 for each aircraft, unless an exemption is established pursuant to this article. The tax shall not be prorated. B. To qualify for the tax under this section, the nonresident owner or representative …

For the registration cycle, the department shall annually determine the fair market value required by sections 28-8335 and 28-8336 as established by the dealer price guides or other recognized reliable source of information.

A. If a company that insures an aircraft determines the aircraft is a total loss, the insurer shall provide to the department an affidavit stating that a total loss occurred. B. If the aircraft is a total loss, is transferred to another person, business or organization and is not…

A. In addition to all other taxes provided by law, each supplier shall pay to this state a tax of five cents for each gallon of aviation fuel as provided in chapter 16, article 1 of this title. B. For the purposes of this section, "supplier" has the same meaning prescribed in sec…

A. Monies received from the registration fees collected pursuant to this article shall be transmitted to the state treasurer, pursuant to sections 35-146 and 35-147, for distribution as follows: 1. 50 percent in the state general fund. 2. 35 percent in the state aviation fund est…

A. On receipt of any notice, affidavit, application, registration or other document that must be filed with the department pursuant to this article after the date on which the document is required to be filed and received, the department shall treat the document as if it had been…

The director may impose a civil penalty against a person required to register an aircraft under this article as follows: 1. In an amount of not more than five hundred dollars against a person who wilfully makes or gives under oath or affirmation a false statement regarding aircra…

In this article, unless the context otherwise requires, "aircraft dealer" means a person who is either: 1. Engaged in the business of buying, selling or exchanging aircraft. 2. Offering to assist another person with the purchase, sale or exchange of an aircraft for compensation.…

A. A person shall not act as an aircraft dealer without first obtaining a license from the director that authorizes the person to engage in the business of an aircraft dealer. B. A person shall apply for a license on forms prescribed or authorized by the director. The person shal…

A. An aircraft dealer shall both: 1. Obtain a tax privilege license from this state. 2. Notify the department within ten days after the purchase or sale of an aircraft or after accepting an aircraft on consignment and file this notification whether or not the aircraft dealer take…

A. The aircraft dealer shall file with the department a continuous corporate surety bond for the benefit of this state or a cash deposit as prescribed in section 35-155 in the sum of ten thousand dollars that is conditioned on the faithful performance of all sales contracts or ag…

A. An aircraft dealer shall make and retain for three years records that the director may prescribe as being reasonably necessary to substantiate the reports required by this article. B. The records may include copies of inventories, receipts or consignment contracts. C. The dire…

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 license. 2. Knowingly fails to give the notification prescribed by section 28-8383, subsection A, paragraph 2.

A. The governing body of a city or town or the board of supervisors of a county may: 1. Acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate airports for the use of aircraft within or outside the limits of the city, town or county. 2.…

Lands that are acquired, owned, controlled or occupied by the department, in the operation and maintenance of the Grand Canyon national park airport, or a city, town or county for the purposes prescribed in section 28-8411 are for a public purpose and for a public necessity.