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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
ADOT; revisions.
Purpose
Outlines revisions to various transportation requirements, including requirements relating to high occupancy vehicle lanes (HOV lanes), driver licenses and primitive roads.
Background
The Arizona
Department of Transportation (ADOT) has exclusive control and jurisdiction over
state highways and routes, state-owned airports and all state-owned
transportation systems and modes. ADOT must register vehicles and aircrafts,
license drivers, collect revenues, enforce vehicle and aviation statutes and
perform related transportation planning functions (A.R.S.
§ 28-332).
A person may not drive a vehicle carrying fewer than two persons, including the driver, in an HOV lane at any time that the use of the HOV lane is restricted to vehicles carrying two or more persons, except for: 1) a motor vehicle with an alternative fuel vehicle special plate or an alternative fuel vehicle sticker at any time, regardless of occupancy level; 2) during the performance of a tow truck operator's duties; 3) a person driving a motorcycle; 4) a person driving a public transportation vehicle; and 5) an authorized emergency vehicle that is in use by a first responder in the line of duty (A.R.S. § 28-737).
ADOT must require a licensee to update the licensee's photograph or to provide a report to ADOT based on an ADOT performed vision test or an examination by an optometrist, ophthalmologist or by a physician licensed to practice medicine, if the license has not been updated during the preceding 12 years. The Director of ADOT (Director) may require a licensee to up the licensee's license at any time during the 12-year period (A.R.S. § 28-3173).
The county board of supervisors or the governing body of a city or town may designate a public road within the governing body's jurisdiction as a primitive road if the road was opened before June 13, 1990, and was not constructed according to county standards. A governing body must place signs identifying a road as a primitive road in adequate locations to warn the public. Neither a governing body nor the governing body's employees are liable for damages or injuries resulting from the use of a road that has been designated as a primitive road, except as prescribed for intentional injuries or gross negligence. A governing body may not designate a state or county highway as a primitive road (A.R.S. § 28-6706).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
High Occupancy Vehicle Lanes
1. Adds blood transport vehicles to the list of vehicles that may use the HOV lane during restricted hours.
2. Specifies that a blood transport vehicle using the HOV lane while carrying fewer than two persons must display a removable sign or decal on each side and on the rear of the vehicle that indicates that the vehicle is transporting human blood or human blood products.
ADOT Licensing Requirements
3. Allows, rather than requires, an application for an instruction permit or driver license to include specified information.
4. Adds any other information required by ADOT to the list of information that may be included in an application for an instruction permit or driver license.
5. Replaces the requirement that an application for a nonoperating identification license include a brief description of the applicant, whether the applicant has been licensed before and specified information relating to a previous license, with the specification that ADOT may require other identifying information from the applicant, as necessary.
6. Requires a licensee to update the licensee's photograph every 16 years, rather than 12 years.
7. Removes the ability of a licensee to update the licensee's license by providing a report based on a vision test or examination to ADOT in lieu of updating the licensee's photo as prescribed.
8. Adds court ordered evidenced-based psychotherapy for persons whose driver license or driving privilege is suspended or revoked to the list of programs that the person must complete or be satisfactorily participating before ADOT can terminate the suspension, issue a new license or issue a special ignition interlock restricted license to the person.
9. Specifies that ADOT may not issue a new license or special ignition interlock restricted license to a person whose license or driving privilege has been revoked as outlined until the person has completed or is satisfactorily participating in a specified court-ordered program, rather than only until the person has completed the program.
10. Removes the specification that a person under 18 years old who commits a moving civil traffic violation or moving criminal traffic offense must hold a driver permit or license to be subject to the prescribed penalties for persons under 18 years old.
Designation of State Highways and Routes as Primitive Roads
11. Allows the Director to designate a state highway or route as a primitive road.
12. Requires ADOT to place signs on each road that is designated as a primitive road in adequate locations to warn the public.
13. Requires primitive road signs to contain the statement: primitive road, caution, use at your own risk. This surface is not regularly maintained.
14. Specifies that neither the State or State's employees are liable for damages or injuries resulting from the use of a primitive road, except for intentional injuries or gross negligence caused by an employee acting within the scope of the employee's duties.
Miscellaneous
15. Replaces the requirement that ADOT publish a notice of intent to allow the disposition of a junk vehicle once in a newspaper of general circulation in the county in which the junk vehicle was found, with the requirement that ADOT publish the notice of intent on ADOT's website for at least 30 days.
16. Removes the specification that an alternative fuel vehicle must be issued an alternative fuel special plate or sticker to be classified as an alternative fuel vehicle for purposes relating to the vehicle license tax.
17. Allows the Director to provide notice of an assessment for failure to register an aircraft to the aircraft owner by electronic transmission.
18. Removes the requirement that a notice of an assessment for failure to register an aircraft be only in writing and be delivered to the aircraft owner in person or by mail.
19. Repeals the honorary consular official special plates.
20. Requires ADOT to recall the honorary consular official special plates and to issue a standard license plate to each person who received an honorary consular official special plate.
21. Defines blood transport vehicle as a motor vehicle that is owned or operated by a nonprofit general blood banking operation, a nonprofit blood bank or a nonprofit blood bank's agent and that is transporting blood or blood products between collection points, hospitals or blood storage centers.
22. Defines evidence-based psychotherapy as psychotherapy services that are offered by a licensed psychologist who integrates the best available scientific research with clinical expertise based on the context of the patient's characteristics, culture and preferences.
23. Defines apply and application as the process in which a person provides required information in a manner prescribed by ADOT for services rendered by ADOT.
24. Makes technical and conforming changes.
25. Becomes effective on the general effective date.
Prepared by Senate Research
February 6, 2026
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