Chapter 0101 - 571R - H Ver of SB1370

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-101, Arizona Revised Statutes, is amended to read:

START_STATUTE28-101. Definitions

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 per one hundred milliliters of blood.

(b) The number of grams of alcohol per two hundred ten liters of breath.

3. "All-terrain vehicle" means either of the following:

(a) A motor vehicle that satisfies all of the following:

(i) Is designed primarily for recreational nonhighway all-terrain travel.

(ii) Is fifty or fewer inches in width.

(iii) Has an unladen weight of one thousand two hundred pounds or less.

(iv) Travels on three or more nonhighway tires.

(v) Is operated on a public highway.

(b) A recreational off-highway vehicle that satisfies all of the following:

(i) Is designed primarily for recreational nonhighway all-terrain travel.

(ii) Is eighty or fewer inches in width.

(iii) Has an unladen weight of two thousand five hundred pounds or less.

(iv) Travels on four or more nonhighway tires.

(v) Has a steering wheel for steering control.

(vi) Has a rollover protective structure.

(vii) Has an occupant retention system.

4. "Authorized emergency vehicle" means any of the following:

(a) A fire department vehicle.

(b) A police vehicle.

(c) An ambulance or emergency vehicle of a municipal department or public service corporation that is designated or authorized by the department or a local authority.

(d) Any other ambulance, fire truck or rescue vehicle that is authorized by the department in its sole discretion and that meets liability insurance requirements prescribed by the department.

5. "Autocycle" means a three-wheeled motorcycle on which the driver and passengers ride in a fully or partially enclosed seating area that is equipped with a roll cage, safety belts for each occupant and antilock brakes and that is designed to be controlled with a steering wheel and pedals.

6. "Automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain.

7. "Automotive recycler" means a person that is engaged in the business of buying or acquiring a motor vehicle solely for the purpose of dismantling, selling or otherwise disposing of the parts or accessories and that removes parts for resale from six or more vehicles in a calendar year.

8. "Autonomous vehicle" means a motor vehicle that is equipped with an automated driving system.

9. "Aviation fuel" means all flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating an internal combustion engine for use in an aircraft but does not include fuel for jet or turbine powered aircraft.

10. "Bicycle" means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:

(a) Two tandem wheels, either of which is more than sixteen inches in diameter.

(b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.

11. "Board" means the transportation board.

12. "Bus" means a motor vehicle designed for carrying sixteen or more passengers, including the driver.

13. "Business district" means the territory contiguous to and including a highway if there are buildings in use for business or industrial purposes within any six hundred feet along the highway, including hotels, banks or office buildings, railroad stations and public buildings that occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.

14. "Certificate of ownership" means a paper or an electronic record that is issued in another state or a foreign jurisdiction and that indicates ownership of a vehicle.

15. "Certificate of title" means a paper document or an electronic record that is issued by the department and that indicates ownership of a vehicle.

16. "Combination of vehicles" means a truck or truck tractor and semitrailer and any trailer that it tows but does not include a forklift designed for the purpose of loading or unloading the truck, trailer or semitrailer.

17. "Controlled substance" means a substance so classified under section 102(6) of the controlled substances act (21 United States Code section 802(6)) and includes all substances listed in schedules I through V of 21 Code of Federal Regulations part 1308.

18. "Conviction" means:

(a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal.

(b) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court.

(d) The payment of a fine or court costs.

19. "County highway" means a public road that is constructed and maintained by a county.

20. "Dealer" means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302.

21. "Department" means the department of transportation acting directly or through its duly authorized officers and agents.

22. "Digital network or software application" has the same meaning prescribed in section 28-9551.

23. "Director" means the director of the department of transportation.

24. "Drive" means to operate or be in actual physical control of a motor vehicle.

25. "Driver" means a person who drives or is in actual physical control of a vehicle.

26. "Driver license" means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle.

27. "Dynamic driving task":

(a) Means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic.

(b) Includes:

(i) Lateral vehicle motion control by steering.

(ii) Longitudinal motion control by acceleration and deceleration.

(iii) Monitoring the driving environment by object and event detection, recognition, classification and response preparation.

(iv) Object and event response execution.

(v) Maneuver planning.

(vi) Enhancing conspicuity by lighting, signaling and gesturing.

28. "Electric bicycle" means a bicycle or tricycle that is equipped with fully operable pedals and an electric motor of less than seven hundred fifty watts and that meets the requirements of one of the following classes:

(a) "Class 1 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty miles per hour.

(b) "Class 2 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that may be used exclusively to propel the bicycle or tricycle and that is not capable of providing assistance when the bicycle or tricycle reaches the speed of twenty miles per hour.

(c) "Class 3 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty-eight miles per hour.

29. "Electric miniature scooter" means a device that:

(a) Weighs less than thirty pounds.

(b) Has two or three wheels.

(d) Has a floorboard on which a person may stand while riding.

(e) Is powered by an electric motor or human power, or both.

(f) Has a maximum speed that does not exceed ten miles per hour, with or without human propulsion, on a paved level surface.

30. "Electric personal assistive mobility device" means a self-balancing device with one wheel or two nontandem wheels and an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less and that is designed to transport only one person.

31. "Electric standup scooter":

(a) Means a device that:

(i) Weighs less than seventy-five pounds.

(ii) Has two or three wheels.

(iii) Has handlebars.

(iv) Has a floorboard on which a person may stand while riding.

(v) Is powered by an electric motor or human power, or both.

(vi) Has a maximum speed that does not exceed twenty miles per hour, with or without human propulsion, on a paved level surface.

(b) Does not include an electric miniature scooter.

32. "Evidence" includes both of the following:

(a) A display on a wireless communication device of a department-generated driver license, nonoperating identification license, vehicle registration card or other official record of the department that is presented to a law enforcement officer or in a court or an administrative proceeding.

(b) An electronic or digital license plate authorized pursuant to section 28-364.

33. "Farm" means any lands primarily used for agriculture production.

34. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry.

35. "Foreign vehicle" means a motor vehicle, trailer or semitrailer that is brought into this state other than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in this state.

36. "Fully autonomous vehicle" means an autonomous vehicle that is equipped with an automated driving system designed to function as a level four or five system under SAE J3016 and that may be designed to function either:

(a) Solely by use of the automated driving system.

(b) By a human driver when the automated driving system is not engaged.

37. "Golf cart" means a motor vehicle that has not less than three wheels in contact with the ground, that has an unladen weight of less than one thousand eight hundred pounds, that is designed to be and is operated at not more than twenty-five miles per hour and that is designed to carry not more than four persons including the driver.

38. "Gross combined weight rating" means the sum of the gross vehicle weight rating of a motor vehicle and the trailer or semitrailer the motor vehicle tows.

39. "Gross Vehicle Weight rating" means the weight that is assigned by the motor vehicle manufacturer to a motor vehicle and that represents the maximum RECOMMENDED total weight, including the vehicle and the load for the vehicle.

38. 40. "Hazardous material" means a material, and its mixtures or solutions, that the United States department of transportation determines under 49 Code of Federal Regulations is, or any quantity of a material listed as a select agent or toxin under 42 Code of Federal Regulations part 73 that is, capable of posing an unreasonable risk to health, safety and property if transported in commerce and that is required to be placarded or marked as required by the department's safety rules prescribed pursuant to chapter 14 of this title.

39. 41. "Human driver" means a natural person in the vehicle who performs in real time all or part of the dynamic driving task or who achieves a minimal risk condition for the vehicle.

40. 42. "Implement of husbandry" means a vehicle that is designed primarily for agricultural purposes and that is used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self-propelled or otherwise that meets both of the following conditions:

(a) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains and other farm crops.

(b) Is only incidentally operated or moved on a highway whether as a trailer or self-propelled unit. For the purposes of this subdivision, "incidentally operated or moved on a highway" means travel between a farm and another part of the same farm, from one farm to another farm or between a farm and a place of repair, supply or storage.

41. 43. "Limousine" means a motor vehicle providing prearranged ground transportation service for an individual passenger, or a group of passengers, that is arranged in advance or is operated on a regular route or between specified points and includes ground transportation under a contract or agreement for services that includes a fixed rate or time and is provided in a motor vehicle with a seating capacity not exceeding fifteen passengers including the driver.

42. 44. "Livery vehicle" means a motor vehicle that:

(a) Has a seating capacity not exceeding fifteen passengers including the driver.

(b) Provides passenger services for a fare determined by a flat rate or flat hourly rate between geographic zones or within a geographic area.

(d) May do any of the following:

(i) Operate on a regular route or between specified places.

(ii) Offer prearranged ground transportation service as defined in section 28-141.

(iii) Offer on demand ground transportation service pursuant to a contract with a public airport, licensed business entity or organization.

43. 45. "Local authority" means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state.

44. 46. "Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.

45. 47. "Minimal risk condition":

(a) Means a condition to which a human driver or an automated driving system may bring a vehicle in order to reduce the risk of a crash when a given trip cannot or should not be completed.

(b) Includes bringing the vehicle to a complete stop.

46. 48. "Moped" means a bicycle, not including an electric bicycle, an electric miniature scooter or an electric standup scooter, that is equipped with a helper motor if the vehicle has a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of one and one-half or less and a maximum speed of twenty-five miles per hour or less on a flat surface with less than a one percent grade.

47. 49. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excludes a tractor, an electric bicycle, an electric miniature scooter, an electric standup scooter and a moped.

48. 50. "Motor driven cycle" means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower but does not include an electric bicycle, an electric miniature scooter or an electric standup scooter.

49. 51. "Motorized quadricycle" means a self-propelled motor vehicle to which all of the following apply:

(a) The vehicle is self-propelled by an emission-free electric motor and may include pedals operated by the passengers.

(b) The vehicle has at least four wheels in contact with the ground.

(d) The vehicle is operable on a flat surface using solely the electric motor without assistance from the pedals or passengers.

(e) The vehicle is a commercial motor vehicle as defined in section 28-5201.

(f) The vehicle is a limousine operating under a vehicle for hire company permit issued pursuant to section 28-9503.

(g) The vehicle is manufactured by a motor vehicle manufacturer that is licensed pursuant to chapter 10 of this title.

(h) The vehicle complies with the definition and standards for low-speed vehicles set forth in 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.

50. 52. "Motor vehicle":

(a) Means either:

(i) A self-propelled vehicle.

(ii) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel.

(b) Does not include a scrap vehicle, a personal delivery device, a personal mobile cargo carrying device, a motorized wheelchair, an electric personal assistive mobility device, an electric bicycle, an electric miniature scooter, an electric standup scooter or a motorized skateboard. For the purposes of this subdivision:

(i) "Motorized skateboard" means a self-propelled device that does not have handlebars and that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground.

(ii) "Motorized wheelchair" means a self-propelled wheelchair that is used by a person for mobility.

51. 53. "Motor vehicle fuel" includes all products that are commonly or commercially known or sold as gasoline, including casinghead gasoline, natural gasoline and all flammable liquids, and that are composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating internal combustion engines. Motor vehicle fuel does not include inflammable liquids that are specifically manufactured for racing motor vehicles and that are distributed for and used by racing motor vehicles at a racetrack, use fuel as defined in section 28-5601, aviation fuel, fuel for jet or turbine powered aircraft or the mixture created at the interface of two different substances being transported through a pipeline, commonly known as transmix.

52. 54. "Neighborhood electric shuttle":

(a) Means a self-propelled electrically powered motor vehicle to which all of the following apply:

(i) The vehicle is emission free.

(ii) The vehicle has at least four wheels in contact with the ground.

(iii) The vehicle is capable of transporting at least eight passengers, including the driver.

(iv) The vehicle is a commercial motor vehicle as defined in section 28-5201.

(v) The vehicle is a vehicle for hire as defined in section 28-9501 and operates under a vehicle for hire company permit issued pursuant to section 28-9503.

(vi) The vehicle complies with the definition and standards for low-speed vehicles set forth in 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.

(b) Includes a vehicle that meets the standards prescribed in subdivision (a) of this paragraph and that has been modified after market and not by the manufacturer to transport up to fifteen passengers, including the driver.

53. 55. "Neighborhood electric vehicle" means a self-propelled electrically powered motor vehicle to which all of the following apply:

(a) The vehicle is emission free.

(b) The vehicle has at least four wheels in contact with the ground.

(c) The vehicle complies with the definition and standards for low-speed vehicles, unless excepted or exempted under federal law, set forth in 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.

54. 56. "Neighborhood occupantless electric vehicle" means a neighborhood electric vehicle that is not designed, intended or marketed for human occupancy.

55. 57. "Nonresident" means a person who is not a resident of this state as defined in section 28-2001.

56. 58. "Off-road recreational motor vehicle" means a motor vehicle that is designed primarily for recreational nonhighway all-terrain travel and that is not operated on a public highway. Off-road recreational motor vehicle does not mean a motor vehicle used for construction, building trade, mining or agricultural purposes.

57. 59. "Operational design domain":

(a) Means operating conditions under which a given automated driving system is specifically designed to function.

(b) Includes roadway types, speed range, environmental conditions, such as weather or time of day, and other domain constraints.

58. 60. "Operator" means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

59. 61. "Owner" means:

(a) A person who holds the legal title of a vehicle.

(b) If a vehicle is the subject of an agreement for the conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, the conditional vendee or lessee.

60. 62. "Pedestrian" means any person afoot. A person who uses an electric personal assistive mobility device or a manual or motorized wheelchair is considered a pedestrian unless the manual wheelchair qualifies as a bicycle. For the purposes of this paragraph, "motorized wheelchair" means a self-propelled wheelchair that is used by a person for mobility.

61. 63. "Personal delivery device":

(a) Means a device that is both of the following:

(i) Manufactured for transporting cargo and goods in an area described in section 28-1225.

(ii) Equipped with automated driving technology, including software and hardware, that enables the operation of the device with the remote support and supervision of a human.

(b) Does not include a personal mobile cargo carrying device.

62. 64. "Personal mobile cargo carrying device" means an electronically powered device that:

(a) Is operated primarily on sidewalks and within crosswalks and that is designed to transport property.

(b) Weighs less than eighty pounds, excluding cargo.

(d) Is equipped with technology to transport personal property with the active monitoring of a property owner and that is primarily designed to remain within twenty-five feet of the property owner.

(e) Is equipped with a braking system that when active or engaged enables the personal mobile cargo carrying device to come to a controlled stop.

63. 65. "Power sweeper" means an implement, with or without motive power, that is only incidentally operated or moved on a street or highway and that is designed for the removal of debris, dirt, gravel, litter or sand whether by broom, vacuum or regenerative air system from asphaltic concrete or cement concrete surfaces, including parking lots, highways, streets and warehouses, and a vehicle on which the implement is permanently mounted.

64. 66. "Public transit" means the transportation of passengers on scheduled routes by means of a conveyance on an individual passenger fare-paying basis excluding transportation by a sightseeing bus, school bus or taxi or a vehicle not operated on a scheduled route basis.

65. 67. "Reconstructed vehicle" means a vehicle that has been assembled or constructed largely by means of essential parts, new or used, derived from vehicles or makes of vehicles of various names, models and types or that, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. For the purposes of this paragraph, "essential parts" means integral and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.

66. 68. "Residence district" means the territory contiguous to and including a highway not comprising a business district if the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.

67. 69. "Right-of-way" when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. Right-of-way when used within the context of the real property on which transportation facilities and appurtenances to the facilities are constructed or maintained means the lands or interest in lands within the right-of-way boundaries.

68. 70. "SAE J3016" means surface transportation recommended practice J3016 taxonomy and definitions for terms related to driving automation systems for on-road motor vehicles published by SAE international in June 2018.

69. 71. "School bus" means a motor vehicle that is designed for carrying more than ten passengers and that is either:

(a) Owned by any public or governmental agency or other institution and operated for the transportation of children to or from home or school on a regularly scheduled basis.

(b) Privately owned and operated for compensation for the transportation of children to or from home or school on a regularly scheduled basis.

70. 72. "Scrap metal dealer" has the same meaning prescribed in section 44-1641.

71. 73. "Scrap vehicle" has the same meaning prescribed in section 44-1641.

72. 74. "Semitrailer" means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28-601.

73. 75. "Single-axle tow dolly" means a nonvehicle device that is drawn by a motor vehicle, that is designed and used exclusively to transport another motor vehicle and on which the front or rear wheels of the drawn motor vehicle are mounted on the tow dolly while the other wheels of the drawn motor vehicle remain in contact with the ground.

74. 76. "State" means a state of the United States and the District of Columbia.

75. 77. "State highway" means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state.

76. 78. "State route" means a right-of-way whether actually used as a highway or not that is designated by the board as a location for the construction of a state highway.

77. 79. "Street" or "highway" means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel.

78. 80. "Taxi" means a motor vehicle that has a seating capacity not exceeding fifteen passengers, including the driver, that provides passenger services and that:

(a) Does not primarily operate on a regular route or between specified places.

(b) Offers local transportation for a fare determined on the basis of the distance traveled or prearranged ground transportation service as defined in section 28-141 for a predetermined fare.

79. 81. "Title transfer form" means a paper or an electronic form that is prescribed by the department for the purpose of transferring a certificate of title from one owner to another owner.

80. 82. "Traffic survival school" means a school that is licensed pursuant to chapter 8, article 7.1 of this title and that offers educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department.

81. 83. "Trailer" means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. A semitrailer equipped with an auxiliary front axle commonly known as a dolly is deemed to be a trailer. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28-601.

82. 84. "Transportation network company" has the same meaning prescribed in section 28-9551.

83. 85. "Transportation network company vehicle" has the same meaning prescribed in section 28-9551.

84. 86. "Transportation network service" has the same meaning prescribed in section 28-9551.

85. 87. "Truck" means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying.

86. 88. "Truck tractor" means a motor vehicle that is designed and used primarily for drawing other vehicles and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn.

87. 89. "Vehicle":

(a) Means a device in, on or by which a person or property is or may be transported or drawn on a public highway.

(b) Does not include:

(i) Electric bicycles, electric miniature scooters, electric standup scooters and devices moved by human power.

(ii) Devices used exclusively on stationary rails or tracks.

(iii) Personal delivery devices.

(iv) Scrap vehicles.

(v) Personal mobile cargo carrying devices.

88. 90. "Vehicle transporter" means either:

(a) A truck tractor capable of carrying a load and drawing a semitrailer.

(b) A truck tractor with a stinger-steered fifth wheel capable of carrying a load and drawing a semitrailer or a truck tractor with a dolly mounted fifth wheel that is securely fastened to the truck tractor at two or more points and that is capable of carrying a load and drawing a semitrailer. END_STATUTE

Sec. 2. Section 28-751, Arizona Revised Statutes, is amended to read:

START_STATUTE28-751. Required position and method of turning

The driver of a vehicle intending to turn shall do so as follows:

1. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. The driver of a vehicle or combination of vehicles with a total length of at least FORTY feet or a total width of at least ten feet may deviate to the extent necessary from the lane into which the driver is making a right turn in a manner that avoids contact with another person or vehicle.

2. Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. If practicable the driver shall make the left turn from the left of the center of the intersection and shall make the turn to the left lane immediately available for the driver's direction of traffic. The driver of a vehicle or combination of vehicles with a total length of at least FORTY feet or a total width of at least ten feet may deviate to the extent necessary from the lane into which the driver is making a left turn in a manner that avoids contact with another person or vehicle.

3. The director or local authorities in their respective jurisdictions may cause markers, buttons or signs to be placed and may require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection. When markers, buttons or signs are so placed, a driver of a vehicle shall not turn a vehicle other than as directed and required by the markers, buttons or signs.

4. Two-way left turn lanes. If a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic control devices:

(a) A driver shall not make a left turn from any other lane.

(b) A driver shall not drive a vehicle in the lane except if preparing for or making a left turn from or into the roadway or if preparing for or making a u-turn if otherwise permitted by law. END_STATUTE

Sec. 3. Section 28-1101, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1101. Weight violations; civil penalty; classification; procedures; evidence

A. A person who violates section 28-1099, or 28-1100 or 28-1102 is:

1. Subject to a civil penalty either of any of the following:

(a) As prescribed in subsection B of this section.

(b) as prescribed in section 28-1102.

(b) (c) Of one dollar $1 if the excess weight is one thousand pounds or less.

2. Guilty of a class 3 misdemeanor for a second violation of either of these sections within six months of the preceding judgment.

3. Guilty of a class 2 misdemeanor for a second conviction for a violation of either of these sections within one year of the preceding conviction pursuant to paragraph 2 of this subsection.

B. A court shall impose civil penalties as follows:

If the excess weight is: The minimum civil penalty is:

1,001 to 1,250 pounds $ 100.00

1,251 to 1,500 200.00

1,501 to 2,000 300.00

2,001 to 2,500 400.00

2,501 to 3,000 500.00

3,001 to 3,500 840.00

3,501 to 4,000 980.00

4,001 to 4,500 1120.00

4,501 to 4,750 1260.00

4,751 to 5,000 1400.00

5,001 and over 1400.00 plus an additional

$100 for each 1000 pounds

of excess weight

C. If an officer finds that a person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to shift the load, as reasonable under the circumstances, to comply with the axle weight limitation and notwithstanding section 28-1521 or this section:

1. If the driver does not comply with the request of the officer to shift the load, the driver is subject to a civil penalty or a criminal penalty.

2. If the driver complies with the axle weight limitation after shifting the load and the excess axle weight was two thousand five hundred pounds or less:

(a) The officer shall not cite the driver.

(b) The driver is not subject to a civil penalty or a criminal penalty for a violation of the axle weight limitation.

3. If the driver shifts the load but does not comply with the axle weight limitation or if the excess axle weight is more than two thousand five hundred pounds, the driver is subject to a civil penalty or a criminal penalty for a violation of the axle weight limitation.

D. If a person is arrested for violating section 28-1099 or 28-1100, the arresting officer may take the person immediately before a magistrate who is within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense. If the person is taken before a justice of the peace, the person shall be taken before the nearest or most accessible justice of the peace with reference to the place where the arrest is made.

E. The officer or court collecting or receiving a civil penalty, fee, fine or forfeiture for a violation of section 28-1099, or 28-1100 0r 28-1102 shall deposit, pursuant to sections 35-146 and 35-147, the amount in the Arizona highway user revenue fund. If a civil penalty, fee or fine is collected, ten dollars $10 of the civil penalty, fee or fine is deductible as reimbursement of costs from the amount collected, unless the fee or fine is less than ten dollars $10. The collecting official shall deposit the deducted monies with the city, town or county treasury of the city, town or county prosecuting or processing the violation.

F. A weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is in excess of the prescribed maximum weight limitation permitted by PRESCRIBED in section 28-1099 or 28-1100 is prima facie evidence that the weight of a vehicle and load is unlawful.

G. If the commodity being carried is sold by weight, a weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is not in excess of the prescribed maximum weight limitation permitted by section 28-1100 is prima facie evidence that the gross weight of a vehicle and load is lawful. The presumption that the weight of the vehicle and load is lawful may be rebutted by the weight of the vehicle and load as shown by means of the department's stationary scale or a public weighmaster scale. END_STATUTE

Sec. 4. Section 28-1102, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1102. Weighing of vehicles and loads; civil penalty

A. A police or peace officer having reason to believe that the weight of a vehicle and load does not conform to this article may require the driver to:

1. Stop and submit to a weighing of the vehicle and load by means of either portable or stationary scales.

2. Drive the vehicle to the nearest public scales, if the scales are within two miles.

B. If on weighing a vehicle and load pursuant to subsection A of this section an officer determines that the weight does not conform to this article, the officer may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load is removed as necessary to reduce the gross weight of the vehicle to the limit permitted allowed under this article. The owner or operator shall care for the material unloaded at the risk of the owner or operator.

C. A driver of a vehicle is guilty of a class 3 misdemeanor subject to a civil penalty of $250 who either:

1. Knowingly fails or refuses to stop and submit the vehicle and load to a weighing.

2. Knowingly fails or refuses when directed by an officer on a weighing of the vehicle to stop the vehicle and otherwise comply with subsections A and B of this section.

D. A peace officer as defined in section 41-1701 or any other peace officer designated by the director may require the weighing of a commercial vehicle by means of portable scales at any time. Failure to submit to weighing as required by this subsection is punishable by a civil penalty, the minimum of which is the minimum civil penalty for over six thousand pounds overweight as prescribed in section 28-1101, subsection B. END_STATUTE

Sec. 5. Section 28-1151, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1151. Violation; civil penalty

A person who operates, moves or leaves standing on a highway a vehicle or a vehicle carrying or transporting cargo in violation of an envelope permit is guilty of a class 1 misdemeanor subject to a civil penalty of $750. END_STATUTE

Sec. 6. Section 28-1301, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1301. Definitions

In this chapter, unless the context otherwise requires:

1. "Certified ignition interlock device" means an ignition interlock device that is certified pursuant to article 5 of this chapter.

2. "Circumvent" or "circumvention" means an attempted or successful bypass of the proper functioning of a certified ignition interlock device and includes all of the following:

(a) The bump start of a motor vehicle with a certified ignition interlock device.

(b) The introduction of a false sample other than a deep-lung breath sample from the person driving the motor vehicle.

(d) The intentional disruption or blocking of a digital image identification device.

(e) The continued operation of the motor vehicle after the certified ignition interlock device detects breath alcohol exceeding the presumptive limit prescribed in section 28-1381, subsection G, paragraph 3 or, if the person is under twenty-one years of age, any attempt to operate the motor vehicle with any spirituous liquor in the person's body.

(f) Operating a motor vehicle without a properly functioning certified ignition interlock device.

(g) Allowing a person other than the person who is required to maintain a functioning certified ignition interlock device pursuant to this chapter to breathe into the certified ignition interlock device for the purpose of providing a breath alcohol sample to start the motor vehicle or for the rolling retest.

3. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle either:

(a) Has either a gross combined weight rating or a gross weight of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating or gross weight of more than ten thousand pounds, whichever is greater.

(b) Has either a gross vehicle weight rating or a gross weight of twenty-six thousand one or more pounds, whichever is greater.

(d) Is a bus.

(e) Is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation act (49 United States Code sections 5101 through 5127) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title.

4. "Education" means a program in which a person participates in at least sixteen hours of classroom instruction relating to alcohol or other drugs.

5. "Gross weight" has the same meaning PRESCRIBED in section 28-5431.

5. 6. "Ignition interlock device" means a device that is based on alcohol specific electrochemical fuel sensor technology that meets the national highway traffic safety administration specifications, that connects a breath analyzer to a motor vehicle's ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the motor vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person's breath is below a preset level.

6. 7. "Ignition interlock service provider" means a person who is an authorized representative of a manufacturer and who is under contract with the department to install or oversee the installation of ignition interlock devices by the provider's authorized agents or subcontractors and to provide services to the public related to ignition interlock devices.

7. 8. "License" means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state pertaining to the licensing of persons to operate motor vehicles.

8. 9. "Manufacturer" means a person or an organization that is located in the United States, that is responsible for the design, construction or production of an ignition interlock device and that is certified by the department to offer ignition interlock devices for installation in motor vehicles in this state.

9. 10. "Rolling retest" means a breath alcohol test that is required of a person at random intervals after the motor vehicle is started and that is in addition to the initial test required to start the motor vehicle.

10. 11. "Screening" means a preliminary interview and assessment of an offender to determine if the offender requires alcohol or other drug education or treatment.

11. 12. "Tampering" means an overt or conscious attempt to physically disable or otherwise disconnect the certified ignition interlock device from its power source that allows the operator to start the engine without taking and passing the requisite breath test.

12. 13. "Technician" means a person who is certified and properly trained by an ignition interlock service provider to install, inspect, repair, calibrate, service or remove certified ignition interlock devices.

13. 14. "Treatment" means a program consisting of at least twenty hours of participation in a group setting dealing with alcohol or other drugs in addition to the sixteen hours of education. END_STATUTE

Sec. 7. Section 28-3001, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3001. Definitions

In this chapter, unless the context otherwise requires:

1. "Cancellation" means the annulment or termination of a driver license because of an error or defect or because the licensee is no longer entitled to the license.

2. "Commercial driver license" means a license that is issued to an individual and that authorizes the individual to operate a class of commercial motor vehicles.

3. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is used in commerce to transport passengers or property and that includes any of the following:

(a) A motor vehicle or combination of motor vehicles that has either a gross combined weight rating or gross weight of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating or gross weight of more than ten thousand pounds, whichever is greater.

(b) A motor vehicle that has either a gross vehicle weight rating or a gross weight of twenty-six thousand one or more pounds, whichever is greater.

(d) A motor vehicle or combination of motor vehicles that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation authorization act of 1994 (49 United States Code sections 5101 through 5128) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title.

4. "Conviction" has the same meaning prescribed in section 28-101 and also means a final conviction or judgment, including an order of a juvenile court finding that a juvenile has violated a provision of this title or has committed a delinquent act that if committed by an adult constitutes any of the following:

(a) Criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1.

(b) A felony offense in the commission of which a motor vehicle was used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814.

5. "Disqualification" means a prohibition from obtaining a commercial driver license or driving a commercial motor vehicle.

6. "Employer" means a person, including the United States, a state or a political subdivision of a state, that owns or leases a commercial motor vehicle or that assigns a person to operate a commercial motor vehicle.

7. "Endorsement" means an authorization that is added to an individual's driver license and that is required to permit the individual to operate certain types of vehicles.

8. "Foreign" means outside the United States.

9. "Gross vehicle weight rating" means the weight that is assigned by the vehicle manufacturer to a vehicle and that represents the maximum recommended total weight including the vehicle and the load for the vehicle.

9. "Gross Weight" has the same meaning prescribed in section 28-5431.

10. "Judgment" means a final judgment and any of the following:

(a) The finding by a court that an individual is responsible for a civil traffic violation.

(b) An individual's admission of responsibility for a civil traffic violation.

(d) A default judgment entered by a court pursuant to section 28-1596.

11. "License class" means, for the purpose of determining the appropriate class of driver license required for the type of motor vehicle or vehicle combination a driver intends to operate or is operating, the class of driver license prescribed in section 28-3101.

12. "Nondomiciled commercial driver license" means a commercial driver license issued to an individual domiciled in a foreign country or to an individual domiciled in another state if that state is prohibited from issuing commercial driver licenses.

13. "Original applicant" means any of the following:

(a) An applicant who has never been licensed or cannot provide evidence of licensing.

(b) An applicant who is applying for a higher class of driver license than the license currently held by the applicant.

14. "Revocation" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are terminated and shall not be renewed or restored, except that an application for a new license may be presented and acted on by the department after one year from the date of revocation.

15. "State of domicile" means the state or jurisdiction where a person has the person's true, fixed and permanent home and principal residence and to which the person has the intention of returning after an absence.

16. "Suspension" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are temporarily withdrawn during the period of the suspension.

17. "Vehicle combination" means a motor vehicle and a vehicle in excess of ten thousand pounds gross vehicle weight that it tows, if the combined gross vehicle combined weight rating is more than twenty-six thousand pounds. END_STATUTE

Sec. 8. Section 28-3101, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3101. Driver license classes

A. Except as provided in subsections B and C of this section and section 28-3102, the following driver license classes are valid:

1. Class A. A class A license is valid for operating either of the following:

(a) A motor vehicle that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds if the combined gross vehicle weight rating gross combined weight rating is twenty-six thousand one or more pounds.

(b) A vehicle that requires a class B, C or D license.

2. Class B. A class B license is valid for operating any of the following:

(a) A single motor vehicle with a gross vehicle weight rating of twenty-six thousand one or more pounds.

(b) A motor vehicle with a gross vehicle weight rating of twenty-six thousand one or more pounds that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.

3. Class C. A class C license is valid for operating any of the following:

(a) A single motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less.

(b) A motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.

(c) A motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds, if the combined gross vehicle weight rating gross combined weight rating is less than twenty-six thousand one pounds.

(d) A vehicle that is required to be placarded for hazardous materials.

(e) A bus or school bus.

(f) A vehicle that requires a class D license for operation.

4. Class D. A class D license is valid for operating any of the following:

(a) A single motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less, including an autocycle.

(b) A motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.

(c) A motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds if the combined gross vehicle weight rating gross combined weight rating is less than twenty-six thousand one pounds.

(d) A motorized touring vehicle. For the purposes of this subdivision, "motorized touring vehicle" means a motor vehicle that is all of the following:

(i) Owned by a commercial entity.

(ii) Rented for use during a sightseeing tour that is guided by an employee of the commercial entity that rents the motor vehicle.

(iii) Designed to travel with three wheels on the ground.

(iv) Capable of a maximum speed of forty-five miles per hour.

5. Class G. A class G license is valid for operating a single motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less.

6. Class M. A class M license is valid for operating a motorcycle, motor driven cycle or moped but is not necessary for operating an autocycle or a motorcycle that has at least three wheels and a three-point safety belt and bucket or bench seats and that is fully enclosed or uses a roll cage frame. For the purpose of licensing a driver, the department may endorse a class M license classification on a valid class A, B, C, D or G license.

B. A class A, B, C, D or G license is not valid for operating a vehicle that requires a class M license or a vehicle that requires a special endorsement unless the proper endorsement appears on the license.

C. A commercial driver license is not required to operate a vehicle described in subsection A, paragraph 1, 2 or 3 of this section if the vehicle has been issued a historic vehicle license plate pursuant to section 28-2484 and the department provides in the vehicle registration record both of the following:

1. That the vehicle is classified as a noncommercial vehicle and may not be used as a commercial vehicle.

2. The vehicle's gross vehicle weight DECLARED gross weight as defined in section 28-5431 is entered as zero. END_STATUTE

Sec. 9. Section 28-5201, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5201. Definitions

In this chapter, unless the context otherwise requires:

1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise on a highway in this state, that is not exempt from the gross weight fees as prescribed in section 28-5432, subsection B and that includes any of the following:

(a) A single vehicle or combination of vehicles that has either a gross vehicle weight rating or a gross weight of twenty-six thousand one or more pounds, whichever is greater, and that is used for the purposes of intrastate commerce.

(b) A single vehicle or combination of vehicles that has a gross vehicle weight rating of ten thousand one or more pounds and that is used for the purposes of interstate commerce.

(d) A bus.

(e) A vehicle that transports passengers for hire and that has a design capacity for eight nine or more persons.

(f) A vehicle that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation authorization act of 1994 (49 United States Code sections 5101 through 5128) and that is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to this chapter.

2. "Declared gross weight" has the same meaning prescribed in section 28-5431. If a declaration has not been made, declared gross weight means gross weight.

3. "Gross weight" has the same meaning prescribed in section 28-5431.

4. "Hazardous material" means a substance that has been determined by the United States department of transportation under 49 Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property if transported in commerce.

5. "Hazardous substance" means a material and its mixtures or solutions that has have been determined by the United States department of transportation under 49 Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property if transported in commerce.

6. "Hazardous waste" means a material that is subject to the hazardous waste manifest requirements of the department of environmental quality or the United States environmental protection agency.

7. "Manufacturer" means a person who transports or causes to be transported or shipped by a motor vehicle a material that is represented, marked, certified or sold by a person for transportation in commerce.

8. "Motor carrier" means a person who operates or causes to be operated a commercial motor vehicle on a public highway.

9. "Motor vehicle" means any vehicle, machine, truck tractor, trailer or semitrailer that is propelled or drawn by mechanical power and that is used on a public highway in the transportation of passengers or property in the furtherance of a commercial enterprise.

10. "Person" means a public or private corporation, company, partnership, firm, association or society of persons, the federal government and its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations or a natural person.

11. "Public highway" means a public street, alley, road, highway or thoroughfare of any kind in this state that is used by the public or that is open to the use of the public as a matter of right, for the purpose of vehicular travel.

12. "Shipper" means a person who offers a material for motor vehicle transportation in commerce.

13. "Transportation" means a movement of person or property by a motor vehicle and any loading, unloading or storage incidental to the movement.

14. "Vehicle combination" has the same meaning prescribed in section 28-5431. END_STATUTE

Sec. 10. Section 28-5242, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5242. Registration requirements; interstate or foreign commerce; enforcement; civil penalty; violations; classification

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 Code sections 13901 and 13902. A motor carrier domiciled outside of the United States shall have proof of the registration in the vehicle when operating in this state.

B. 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 beyond the scope of the motor carrier's registration issued pursuant to 49 United States Code sections 13901 and 13902.

C. A person who violates subsection A or B of this section is guilty of a class 2 misdemeanor subject to a civil penalty of $500.

D. The department or a law enforcement officer authorized pursuant to section 28-5204 may place a motor vehicle under an out-of-service order until either the cargo is removed from the vehicle or the officer obtains proof that the motor carrier is registered pursuant to 49 United States Code sections 13901 and 13902.

E. A motor carrier shall not operate a motor vehicle or allow a driver to operate a motor vehicle subject to an out-of-service order issued pursuant to this section until the reason for the out-of-service order has been remedied. A motor carrier or driver who violates this subsection is guilty of a class 1 misdemeanor.