Title 28, Transportation

In this title, unless the context otherwise requires: 1. "Alcohol" means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol. 2. "Alcohol concentration" if expressed as a percentage means either: (a) The number of grams of alcohol p…

A. A person who violates a provision of this title or who fails or refuses to do or perform an act or thing required by this title is guilty of a class 2 misdemeanor, unless the statute defining the offense provides for a different classification. This subsection does not apply t…

A. The department shall not require a permit or impose a fee on a motor vehicle providing prearranged ground transportation service if the motor carrier providing the service does all of the following: 1. Meets all applicable registration requirements for the interstate transport…

The regulation and use of livery vehicles, taxis, transportation network company vehicles, transportation network companies and limousines are of statewide concern. Livery vehicles, taxis, transportation network company vehicles and limousines and their use and transportation net…

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 on the rail component that amounts to not less than thirty per cent of the contract price for construction…

A. Except as otherwise provided by law, a restriction on a person's driver license or permit to drive as a result of a conviction for a violation of this title may limit the person's privilege to drive for the following applicable purposes: 1. Between the person's residence and p…

Except as provided in section 28-737, section 49-410 and its implementing rules and sections 49-571 and 49-573, this state or a city, town, county or political subdivision of this state shall not restrict the use or sale of a vehicle in this state if the restriction is based on t…

A. Except as provided in subsection B, the state is divided into six transportation districts as follows: 1. First district, Maricopa county. 2. Second district, Pima county. 3. Third district, Cochise, Greenlee and Santa Cruz counties. 4. Fourth district, Gila, Graham and Pinal …

A. A transportation board is established in the department of transportation. B. The board consists of one member from each transportation district with a population of less than two million two hundred thousand persons according to the most recent United States decennial census …

A. The board may meet when necessary at any place in this state. The board shall hold other regular meetings as it determines necessary. The chairman may call special meetings with the concurrence of at least two members. B. The board shall meet for the purpose of organizing on o…

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. 2. Adopt a long-range statewide transportation plan. The plan shall be adopted as described in section 28-307. 3. Adopt unif…

The board may prescribe rules for the effective administration of its powers, duties and responsibilities, including rules relating to: 1. Priority programs. 2. Establishing, altering or vacating highways. 3. Construction contracts. 4. Revenue bonds. 5. Local government airport g…

A. The board shall develop a statewide transportation policy statement as provided in this section. B. The statewide transportation policy statement shall be developed and adopted on or before January 1, 2003 and shall be reviewed and updated on or before January 1 of each odd-nu…

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 on or before December 31, 2006 and shall be reviewed and updated on or before July 1 of each fifth year thereafter. The board shall up…

A. A department of transportation is established. The department shall provide for an integrated and balanced state transportation system. B. The director is responsible for the administration of the department. C. The transportation board has the policy powers and duties prescri…

A. The exclusive control and jurisdiction over state highways, state routes, state-owned airports and all state-owned transportation systems or modes are vested in the department of transportation. B. The department shall: 1. Register motor vehicles and aircraft, license drivers,…

The attorney general is the legal adviser of the department and shall provide legal services as the department requires. Compensation for personnel assigned by the attorney general to perform the services is a charge against appropriations to the department. The attorney general …

A. The department may accept and expend grants, donations, aid or other monies received from the federal government or any agency of the federal government for any transportation purpose. B. The department may contract and do all things necessary to secure the full benefits avail…

A. The department shall establish a comprehensive financial management system. B. The comprehensive financial management system shall include separate certifications of future estimated revenues and future estimated system costs as reflected in the long-range statewide transporta…

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 shall not implement the REAL ID act of 2005 and shall report to the governor and the legislature any attempt by agencies or agents of the Uni…

A. In accordance with 23 United States Code section 166, the department shall develop procedures to monitor the impact that single occupancy vehicles authorized under sections 28-2416 and 28-2416.01 have on the operation of the high occupancy vehicle lanes. B. If a high occupancy…

This state shall not participate in the implementation of an enhanced driver license program to satisfy the requirements of the federal western hemisphere travel initiative or the REAL ID act of 2005 (P.L. 109-13, division B; 119 Stat. 302). The department shall not implement an …

A. The state match advantage for rural transportation fund is established. The department shall administer the fund. Monies in the fund are continuously appropriated. The fund consists of the following: 1. Monies appropriated by the legislature. 2. Any nonfederal gifts, grants, d…

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 serves at the pleasure of the governor. B. The department of administration in consultation with the governor's office sha…

The director may appoint a deputy director of the department with the approval of the governor. The deputy director serves at the pleasure of the director. The deputy director is directly responsible for the duties delegated to the deputy director by the director.

A. The director shall: 1. Supervise and administer the overall activities of the department and its divisions and employees. 2. Appoint assistant directors for each of the divisions. 3. Provide for the assembly and distribution of information to the public concerning department a…

A. The director may provide technical transportation planning expertise to local governments when requested, coordinate local government transportation planning with regional and state transportation planning and guide local transportation planning to ensure compliance with feder…

Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees collected under this title in the Arizona highway user revenue fund.

The director shall adopt rules pursuant to title 41, chapter 6 as the director deems necessary for: 1. Collection of taxes and license fees. 2. Public safety and convenience. 3. Enforcement of the provisions of the laws the director administers or enforces. 4. The use of state hi…

The director shall: 1. Receive, allocate, control and disperse all monies designated for state public transit programs by federal or state law. 2. Pass on projects for construction in cooperation with the United States. 3. Negotiate and enter into contracts on behalf of this stat…

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 or buildings that are necessary, useful or convenient for the use of the department. The director shall not acquire land or buildi…

A. The director and officers, agents and employees of the department or local or state law enforcement agencies the director designates are peace officers. The director may designate: 1. Regular peace officers with like authority of other peace officers of this state or cities an…

A. The director and officers, agents and employees of the department who the director designates may administer oaths and acknowledge signatures, without requiring the payment of a fee, in any matter connected with the administration of a law the enforcement of which is vested in…

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, 28-2481, 28-3002, 28-4302, 28-4533, 28-4540, 28-4542, 28-4544 or 28-4802, article 5 of this chapter or chapter 15, article 2 of this title…

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 insufficient monies, payments stopped or closed accounts. 2. Collection costs. 3. A fee to be determined by the director for each electronic payment…

A. If the director determines that any tax, penalty, fee or interest has been overpaid or collected that was not lawfully due, the director shall state this fact in the director's records. The director shall either credit the overpayment on an amount due from the person or make a…

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 and taxes imposed under this title by alternative payment methods, including credit cards, debit cards and electronic funds transfers…

Notwithstanding section 1-302 and to meet the needs of the public, the director may establish hours of operation for motor vehicle division offices other than the office hours for state offices provided in section 38-401.

A. The director may obtain criminal history record information regarding applicants for employment for the purpose of hiring personnel. Before making a final offer of employment, the director shall require the preferred applicants to submit a full set of fingerprints. The directo…

A. The department may contract under title 11, chapter 7, article 3 with a state public agency in this state or any other state if the general welfare of this state will be promoted and protected and if not in conflict with any other law. B. The director shall enter into agreemen…

A. The department may enter into intergovernmental agreements with adjoining states pursuant to title 11, chapter 7, article 3 for the purpose of operating facilities at ports of entry into this state. B. The director may negotiate and enter into bilateral agreements with designa…

The director may enter into agreements with other states on behalf of this state relating to registration of commercial vehicles in the manner provided for in chapter 7, articles 7 and 8 of this title to facilitate the administration of the registration. The registration of fleet…

The director may enter into agreements with other states on behalf of this state relating to the partial or total exemption from payment of lieu taxes, gross weight fees or use fees, and the partial or total exemption from payment of registration fees of vehicles registered and l…

A court or political subdivision of this state may contract with the department to collect unpaid civil penalties under terms and conditions prescribed in the contract.

The director may enter into agreements with other states on behalf of this state relating to reciprocity in the use of dealer or manufacturer plates on vehicles. The agreements shall permit motor vehicle dealers or manufacturers in another state to use dealer or manufacturer plat…

A. The director may enter into agreements with other jurisdictions, including foreign jurisdictions, on behalf of this state that extend parking privileges to residents of this state with a permanent disability and that recognize international symbol of access special plates issu…

The director shall enter into agreements by direct contract with nonpublic entities for services or shall jointly exercise any powers common to the contracting parties that the director deems necessary and in the best interests of the department subject to the limitations of sect…

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 their authorized agents, brokers or subcontractors for services located in department offices that the director deems of mutual in…

A. The director may enter into agreements on behalf of this state with private entities for the distribution, licensing, leasing or sale of computer software developed by the department. The private entities that enter into an agreement with the department pursuant to this subsec…

A. The department shall make progress payments pursuant to the terms of an agreement with a consultant or contractor on the basis of an invoice for work already performed. All progress payments shall be paid on or before the twenty-first day after the date the department receives…