house bill 2422 · 2018-05-18 · 22 (v) is operated on a public highway. 23 (b) a recreational...

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Conference Engrossed State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018

CHAPTER 306

HOUSE BILL 2422

AN ACT

AMENDING SECTION 28-101, ARIZONA REVISED STATUTES; AMENDING SECTION 28-101, ARIZONA REVISED STATUTES, AS AMENDED BY THIS ACT; AMENDING SECTION 28-627, ARIZONA REVISED STATUTES; AMENDING SECTION 28-627, ARIZONA REVISED STATUTES, AS AMENDED BY THIS ACT; AMENDING SECTION 28-904, ARIZONA REVISED STATUTES; AMENDING SECTION 28-904, ARIZONA REVISED STATUTES, AS AMENDED BY THIS ACT; AMENDING TITLE 28, CHAPTER 3, ARTICLE 15, ARIZONA REVISED STATUTES, BY ADDING SECTION 28-913; AMENDING SECTION 28-2153, ARIZONA REVISED STATUTES; AMENDING SECTION 28-2153, ARIZONA REVISED STATUTES, AS AMENDED BY THIS ACT; AMENDING SECTION 28-4132, ARIZONA REVISED STATUTES; AMENDING SECTION 28-4132, ARIZONA REVISED STATUTES, AS AMENDED BY THIS ACT; REPEALING SECTION 28-913, ARIZONA REVISED STATUTES, AS ADDED BY THIS ACT; RELATING TO TRANSPORTATION DEVICES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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Be it enacted by the Legislature of the State of Arizona: 1 Section 1. Section 28-101, Arizona Revised Statutes, is amended to 2

read: 3 28-101. Definitions 4 In this title, unless the context otherwise requires: 5 1. "Alcohol" means any substance containing any form of alcohol, 6

including ethanol, methanol, propynol and isopropynol. 7 2. "Alcohol concentration" if expressed as a percentage means 8

either: 9 (a) The number of grams of alcohol per one hundred milliliters of 10

blood. 11 (b) The number of grams of alcohol per two hundred ten liters of 12

breath. 13 3. "All-terrain vehicle" means either of the following: 14 (a) A motor vehicle that satisfies all of the following: 15 (i) Is designed primarily for recreational nonhighway all-terrain 16

travel. 17 (ii) Is fifty or fewer inches in width. 18 (iii) Has an unladen weight of one thousand two hundred pounds or 19

less. 20 (iv) Travels on three or more nonhighway tires. 21 (v) Is operated on a public highway. 22 (b) A recreational off-highway vehicle that satisfies all of the 23

following: 24 (i) Is designed primarily for recreational nonhighway all-terrain 25

travel. 26 (ii) Is sixty-five or fewer inches in width. 27 (iii) Has an unladen weight of one thousand eight hundred pounds or 28

less. 29 (iv) Travels on four or more nonhighway tires. 30 4. "Authorized emergency vehicle" means any of the following: 31 (a) A fire department vehicle. 32 (b) A police vehicle. 33 (c) An ambulance or emergency vehicle of a municipal department or 34

public service corporation that is designated or authorized by the 35 department or a local authority. 36

(d) Any other ambulance, fire truck or rescue vehicle that is 37 authorized by the department in its sole discretion and that meets 38 liability insurance requirements prescribed by the department. 39

5. "Autocycle" means a three-wheeled motorcycle on which the driver 40 and passengers ride in a fully or partially enclosed seating area that is 41 equipped with a roll cage, safety belts for each occupant and antilock 42 brakes and that is designed to be controlled with a steering wheel and 43 pedals. 44

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6. "Aviation fuel" means all flammable liquids composed of a 1 mixture of selected hydrocarbons expressly manufactured and blended for 2 the purpose of effectively and efficiently operating an internal 3 combustion engine for use in an aircraft but does not include fuel for jet 4 or turbine powered aircraft. 5

7. "Bicycle" means a device, including a racing wheelchair, that is 6 propelled by human power and on which a person may ride and that has 7 either: 8

(a) Two tandem wheels, either of which is more than sixteen inches 9 in diameter. 10

(b) Three wheels in contact with the ground, any of which is more 11 than sixteen inches in diameter. 12

8. "Board" means the transportation board. 13 9. "Bus" means a motor vehicle designed for carrying sixteen or 14

more passengers, including the driver. 15 10. "Business district" means the territory contiguous to and 16

including a highway if there are buildings in use for business or 17 industrial purposes within any six hundred feet along the highway, 18 including hotels, banks or office buildings, railroad stations and public 19 buildings that occupy at least three hundred feet of frontage on one side 20 or three hundred feet collectively on both sides of the highway. 21

11. "Certificate of ownership" means a paper or an electronic 22 record that is issued in another state or a foreign jurisdiction and that 23 indicates ownership of a vehicle. 24

12. "Certificate of title" means a paper document or an electronic 25 record that is issued by the department and that indicates ownership of a 26 vehicle. 27

13. "Combination of vehicles" means a truck or truck tractor and 28 semitrailer and any trailer that it tows but does not include a forklift 29 designed for the purpose of loading or unloading the truck, trailer or 30 semitrailer. 31

14. "Controlled substance" means a substance so classified under 32 section 102(6) of the controlled substances act (21 United States Code 33 section 802(6)) and includes all substances listed in schedules I through 34 V of 21 Code of Federal Regulations part 1308. 35

15. "Conviction" means: 36 (a) An unvacated adjudication of guilt or a determination that a 37

person violated or failed to comply with the law in a court of original 38 jurisdiction or by an authorized administrative tribunal. 39

(b) An unvacated forfeiture of bail or collateral deposited to 40 secure the person's appearance in court. 41

(c) A plea of guilty or no contest accepted by the court. 42 (d) The payment of a fine or court costs. 43 16. "County highway" means a public road that is constructed and 44

maintained by a county. 45

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17. "Dealer" means a person who is engaged in the business of 1 buying, selling or exchanging motor vehicles, trailers or semitrailers and 2 who has an established place of business and has paid fees pursuant to 3 section 28-4302. 4

18. "Department" means the department of transportation acting 5 directly or through its duly authorized officers and agents. 6

19. "Digital network or software application" has the same meaning 7 prescribed in section 28-9551. 8

20. "Director" means the director of the department of 9 transportation. 10

21. "Drive" means to operate or be in actual physical control of a 11 motor vehicle. 12

22. "Driver" means a person who drives or is in actual physical 13 control of a vehicle. 14

23. "Driver license" means a license that is issued by a state to 15 an individual and that authorizes the individual to drive a motor vehicle. 16

24. "Electric personal assistive mobility device" means a 17 self-balancing device with one wheel or two nontandem wheels and an 18 electric propulsion system that limits the maximum speed of the device to 19 fifteen miles per hour or less and that is designed to transport only one 20 person. 21

25. "Farm" means any lands primarily used for agriculture 22 production. 23

26. "Farm tractor" means a motor vehicle designed and used 24 primarily as a farm implement for drawing implements of husbandry. 25

27. "Foreign vehicle" means a motor vehicle, trailer or semitrailer 26 that is brought into this state other than in the ordinary course of 27 business by or through a manufacturer or dealer and that has not been 28 registered in this state. 29

28. "Golf cart" means a motor vehicle that has not less than three 30 wheels in contact with the ground, that has an unladen weight of less than 31 one thousand eight hundred pounds, that is designed to be and is operated 32 at not more than twenty-five miles per hour and that is designed to carry 33 not more than four persons including the driver. 34

29. "Hazardous material" means a material, and its mixtures or 35 solutions, that the United States department of transportation determines 36 under 49 Code of Federal Regulations is, or any quantity of a material 37 listed as a select agent or toxin under 42 Code of Federal Regulations 38 part 73 that is, capable of posing an unreasonable risk to health, safety 39 and property if transported in commerce and that is required to be 40 placarded or marked as required by the department's safety rules 41 prescribed pursuant to chapter 14 of this title. 42

30. "Implement of husbandry" means a vehicle that is designed 43 primarily for agricultural purposes and that is used exclusively in the 44 conduct of agricultural operations, including an implement or vehicle 45

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whether self-propelled or otherwise that meets both of the following 1 conditions: 2

(a) Is used solely for agricultural purposes including the 3 preparation or harvesting of cotton, alfalfa, grains and other farm crops. 4

(b) Is only incidentally operated or moved on a highway whether as 5 a trailer or self-propelled unit. For the purposes of this subdivision, 6 "incidentally operated or moved on a highway" means travel between a farm 7 and another part of the same farm, from one farm to another farm or 8 between a farm and a place of repair, supply or storage. 9

31. "Limousine" means a motor vehicle providing prearranged ground 10 transportation service for an individual passenger, or a group of 11 passengers, that is arranged in advance or is operated on a regular route 12 or between specified points and includes ground transportation under a 13 contract or agreement for services that includes a fixed rate or time and 14 is provided in a motor vehicle with a seating capacity not exceeding 15 fifteen passengers including the driver. 16

32. "Livery vehicle" means a motor vehicle that: 17 (a) Has a seating capacity not exceeding fifteen passengers 18

including the driver. 19 (b) Provides passenger services for a fare determined by a flat 20

rate or flat hourly rate between geographic zones or within a geographic 21 area. 22

(c) Is available for hire on an exclusive or shared ride basis. 23 (d) May do any of the following: 24 (i) Operate on a regular route or between specified places. 25 (ii) Offer prearranged ground transportation service as defined in 26

section 28-141. 27 (iii) Offer on demand ground transportation service pursuant to a 28

contract with a public airport, licensed business entity or organization. 29 33. "Local authority" means any county, municipal or other local 30

board or body exercising jurisdiction over highways under the constitution 31 and laws of this state. 32

34. "Manufacturer" means a person engaged in the business of 33 manufacturing motor vehicles, trailers or semitrailers. 34

35. "Moped" means a bicycle that is equipped with a helper motor if 35 the vehicle has a maximum piston displacement of fifty cubic centimeters 36 or less, a brake horsepower of one and one-half or less and a maximum 37 speed of twenty-five miles per hour or less on a flat surface with less 38 than a one percent grade. 39

39. 36. "Motorcycle" means a motor vehicle that has a seat or 40 saddle for the use of the rider and that is designed to travel on not more 41 than three wheels in contact with the ground but excludes a tractor and a 42 moped. 43

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36. 37. "Motor driven cycle" means a motorcycle, including every 1 motor scooter, with a motor that produces not more than five horsepower. 2

40. 38. "Motorized quadricycle" means a self-propelled motor 3 vehicle to which all of the following apply: 4

(a) The vehicle is self-propelled by an emission-free electric 5 motor and may include pedals operated by the passengers. 6

(b) The vehicle has at least four wheels in contact with the 7 ground. 8

(c) The vehicle seats at least eight passengers, including the 9 driver. 10

(d) The vehicle is operable on a flat surface using solely the 11 electric motor without assistance from the pedals or passengers. 12

(e) The vehicle is a commercial motor vehicle as defined in section 13 28-5201. 14

(f) The vehicle is a limousine operating under a vehicle for hire 15 company permit issued pursuant to section 28-9503. 16

(g) The vehicle is manufactured by a motor vehicle manufacturer 17 that is licensed pursuant to chapter 10 of this title. 18

(h) The vehicle complies with the definition and standards for 19 low-speed vehicles set forth in federal motor vehicle safety standard 500 20 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, 21 respectively. 22

37. 39. "Motor vehicle": 23 (a) Means either: 24 (i) A self-propelled vehicle. 25 (ii) For the purposes of the laws relating to the imposition of a 26

tax on motor vehicle fuel, a vehicle that is operated on the highways of 27 this state and that is propelled by the use of motor vehicle fuel. 28

(b) Does not include A PERSONAL DELIVERY DEVICE, a motorized 29 wheelchair, an electric personal assistive mobility device or a motorized 30 skateboard. For the purposes of this subdivision: 31

(i) "Motorized skateboard" means a self-propelled device that has a 32 motor, a deck on which a person may ride and at least two tandem wheels in 33 contact with the ground. 34

(ii) "Motorized wheelchair" means a self-propelled wheelchair that 35 is used by a person for mobility. 36

38. 40. "Motor vehicle fuel" includes all products that are 37 commonly or commercially known or sold as gasoline, including casinghead 38 gasoline, natural gasoline and all flammable liquids, and that are 39 composed of a mixture of selected hydrocarbons expressly manufactured and 40 blended for the purpose of effectively and efficiently operating internal 41 combustion engines. Motor vehicle fuel does not include inflammable 42 liquids that are specifically manufactured for racing motor vehicles and 43 that are distributed for and used by racing motor vehicles at a racetrack, 44 use fuel as defined in section 28-5601, aviation fuel, fuel for jet or 45

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turbine powered aircraft or the mixture created at the interface of two 1 different substances being transported through a pipeline, commonly known 2 as transmix. 3

41. "Neighborhood electric vehicle" means a self-propelled 4 electrically powered motor vehicle to which all of the following apply: 5

(a) The vehicle is emission free. 6 (b) The vehicle has at least four wheels in contact with the 7

ground. 8 (c) The vehicle complies with the definition and standards for 9

low-speed vehicles set forth in federal motor vehicle safety standard 500 10 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, 11 respectively. 12

42. "Nonresident" means a person who is not a resident of this 13 state as defined in section 28-2001. 14

43. "Off-road recreational motor vehicle" means a motor vehicle 15 that is designed primarily for recreational nonhighway all-terrain travel 16 and that is not operated on a public highway. Off-road recreational motor 17 vehicle does not mean a motor vehicle used for construction, building 18 trade, mining or agricultural purposes. 19

44. "Operator" means a person who drives a motor vehicle on a 20 highway, who is in actual physical control of a motor vehicle on a highway 21 or who is exercising control over or steering a vehicle being towed by a 22 motor vehicle. 23

45. "Owner" means: 24 (a) A person who holds the legal title of a vehicle. 25 (b) If a vehicle is the subject of an agreement for the conditional 26

sale or lease with the right of purchase on performance of the conditions 27 stated in the agreement and with an immediate right of possession vested 28 in the conditional vendee or lessee, the conditional vendee or lessee. 29

(c) If a mortgagor of a vehicle is entitled to possession of the 30 vehicle, the mortgagor. 31

46. "Pedestrian" means any person afoot. A person who uses an 32 electric personal assistive mobility device or a manual or motorized 33 wheelchair is considered a pedestrian unless the manual wheelchair 34 qualifies as a bicycle. For the purposes of this paragraph, "motorized 35 wheelchair" means a self-propelled wheelchair that is used by a person for 36 mobility. 37

47. "PERSONAL DELIVERY DEVICE" MEANS AN ELECTRONICALLY POWERED 38 DEVICE THAT: 39

(a) IS OPERATED PRIMARILY ON SIDEWALKS AND WITHIN CROSSWALKS AND 40 THAT IS DESIGNED TO TRANSPORT PROPERTY. 41

(b) WEIGHS LESS THAN TWO HUNDRED POUNDS, EXCLUDING CARGO, UNLESS 42 OTHERWISE AUTHORIZED BY A LOCAL AUTHORITY PURSUANT TO SECTION 28-627. 43

(c) OPERATES AT A MAXIMUM SPEED OF SEVEN MILES PER HOUR, UNLESS 44 OTHERWISE AUTHORIZED BY A LOCAL AUTHORITY PURSUANT TO SECTION 28-627. 45

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(d) IS EQUIPPED WITH TECHNOLOGY TO ALLOW FOR THE OPERATION OF THE 1 DEVICE WITH OR WITHOUT THE ACTIVE CONTROL OR MONITORING OF A NATURAL 2 PERSON. 3

(e) IS EQUIPPED WITH A BRAKING SYSTEM THAT WHEN ACTIVE OR ENGAGED 4 ENABLES THE PERSONAL DELIVERY DEVICE TO COME TO A CONTROLLED STOP. 5

47. 48. "Power sweeper" means an implement, with or without motive 6 power, that is only incidentally operated or moved on a street or highway 7 and that is designed for the removal of debris, dirt, gravel, litter or 8 sand whether by broom, vacuum or regenerative air system from asphaltic 9 concrete or cement concrete surfaces, including parking lots, highways, 10 streets and warehouses, and a vehicle on which the implement is 11 permanently mounted. 12

48. 49. "Public transit" means the transportation of passengers on 13 scheduled routes by means of a conveyance on an individual passenger 14 fare-paying basis excluding transportation by a sightseeing bus, school 15 bus or taxi or a vehicle not operated on a scheduled route basis. 16

49. 50. "Reconstructed vehicle" means a vehicle that has been 17 assembled or constructed largely by means of essential parts, new or used, 18 derived from vehicles or makes of vehicles of various names, models and 19 types or that, if originally otherwise constructed, has been materially 20 altered by the removal of essential parts or by the addition or 21 substitution of essential parts, new or used, derived from other vehicles 22 or makes of vehicles. For the purposes of this paragraph, "essential 23 parts" means integral and body parts, the removal, alteration or 24 substitution of which will tend to conceal the identity or substantially 25 alter the appearance of the vehicle. 26

50. 51. "Residence district" means the territory contiguous to and 27 including a highway not comprising a business district if the property on 28 the highway for a distance of three hundred feet or more is in the main 29 improved with residences or residences and buildings in use for business. 30

51. 52. "Right-of-way" when used within the context of the 31 regulation of the movement of traffic on a highway means the privilege of 32 the immediate use of the highway. Right-of-way when used within the 33 context of the real property on which transportation facilities and 34 appurtenances to the facilities are constructed or maintained means the 35 lands or interest in lands within the right-of-way boundaries. 36

52. 53. "School bus" means a motor vehicle that is designed for 37 carrying more than ten passengers and that is either: 38

(a) Owned by any public or governmental agency or other institution 39 and operated for the transportation of children to or from home or school 40 on a regularly scheduled basis. 41

(b) Privately owned and operated for compensation for the 42 transportation of children to or from home or school on a regularly 43 scheduled basis. 44

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53. 54. "Semitrailer" means a vehicle that is with or without 1 motive power, other than a pole trailer, that is designed for carrying 2 persons or property and for being drawn by a motor vehicle and that is 3 constructed so that some part of its weight and that of its load rests on 4 or is carried by another vehicle. For the purposes of this paragraph, 5 "pole trailer" has the same meaning prescribed in section 28-601. 6

54. 55. "State" means a state of the United States and the 7 District of Columbia. 8

55. 56. "State highway" means a state route or portion of a state 9 route that is accepted and designated by the board as a state highway and 10 that is maintained by the state. 11

56. 57. "State route" means a right-of-way whether actually used 12 as a highway or not that is designated by the board as a location for the 13 construction of a state highway. 14

57. 58. "Street" or "highway" means the entire width between the 15 boundary lines of every way if a part of the way is open to the use of the 16 public for purposes of vehicular travel. 17

58. 59. "Taxi" means a motor vehicle that has a seating capacity 18 not exceeding fifteen passengers, including the driver, that provides 19 passenger services and that: 20

(a) Does not primarily operate on a regular route or between 21 specified places. 22

(b) Offers local transportation for a fare determined on the basis 23 of the distance traveled or prearranged ground transportation service as 24 defined in section 28-141 for a predetermined fare. 25

59. 60. "Title transfer form" means a paper or an electronic form 26 that is prescribed by the department for the purpose of transferring a 27 certificate of title from one owner to another owner. 28

60. 61. "Traffic survival school" means a school that offers 29 educational sessions to drivers who are required to attend and 30 successfully complete educational sessions pursuant to this title that are 31 designed to improve the safety and habits of drivers and that are approved 32 by the department. 33

61. 62. "Trailer" means a vehicle that is with or without motive 34 power, other than a pole trailer, that is designed for carrying persons or 35 property and for being drawn by a motor vehicle and that is constructed so 36 that no part of its weight rests on the towing vehicle. A semitrailer 37 equipped with an auxiliary front axle commonly known as a dolly is deemed 38 to be a trailer. For the purposes of this paragraph, "pole trailer" has 39 the same meaning prescribed in section 28-601. 40

62. 63. "Transportation network company" has the same meaning 41 prescribed in section 28-9551. 42

63. 64. "Transportation network company vehicle" has the same 43 meaning prescribed in section 28-9551. 44

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64. 65. "Transportation network service" has the same meaning 1 prescribed in section 28-9551. 2

65. 66. "Truck" means a motor vehicle designed or used primarily 3 for the carrying of property other than the effects of the driver or 4 passengers and includes a motor vehicle to which has been added a box, a 5 platform or other equipment for such carrying. 6

66. 67. "Truck tractor" means a motor vehicle that is designed and 7 used primarily for drawing other vehicles and that is not constructed to 8 carry a load other than a part of the weight of the vehicle and load 9 drawn. 10

67. 68. "Vehicle": 11 (a) Means a device in, on or by which a person or property is or 12

may be transported or drawn on a public highway. , excluding 13 (b) DOES NOT INCLUDE: 14 (i) Devices moved by human power. or 15 (ii) DEVICES used exclusively on stationary rails or tracks. 16 (iii) PERSONAL DELIVERY DEVICES. 17 68. 69. "Vehicle transporter" means either: 18 (a) A truck tractor capable of carrying a load and drawing a 19

semitrailer. 20 (b) A truck tractor with a stinger-steered fifth wheel capable of 21

carrying a load and drawing a semitrailer or a truck tractor with a dolly 22 mounted fifth wheel that is securely fastened to the truck tractor at two 23 or more points and that is capable of carrying a load and drawing a 24 semitrailer. 25

Sec. 2. Section 28-101, Arizona Revised Statutes, as amended by 26 section 1 of this act, is amended to read: 27

28-101. Definitions 28 In this title, unless the context otherwise requires: 29 1. "Alcohol" means any substance containing any form of alcohol, 30

including ethanol, methanol, propynol and isopropynol. 31 2. "Alcohol concentration" if expressed as a percentage means 32

either: 33 (a) The number of grams of alcohol per one hundred milliliters of 34

blood. 35 (b) The number of grams of alcohol per two hundred ten liters of 36

breath. 37 3. "All-terrain vehicle" means either of the following: 38 (a) A motor vehicle that satisfies all of the following: 39 (i) Is designed primarily for recreational nonhighway all-terrain 40

travel. 41 (ii) Is fifty or fewer inches in width. 42 (iii) Has an unladen weight of one thousand two hundred pounds or 43

less. 44 (iv) Travels on three or more nonhighway tires. 45

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(v) Is operated on a public highway. 1 (b) A recreational off-highway vehicle that satisfies all of the 2

following: 3 (i) Is designed primarily for recreational nonhighway all-terrain 4

travel. 5 (ii) Is sixty-five or fewer inches in width. 6 (iii) Has an unladen weight of one thousand eight hundred pounds or 7

less. 8 (iv) Travels on four or more nonhighway tires. 9 4. "Authorized emergency vehicle" means any of the following: 10 (a) A fire department vehicle. 11 (b) A police vehicle. 12 (c) An ambulance or emergency vehicle of a municipal department or 13

public service corporation that is designated or authorized by the 14 department or a local authority. 15

(d) Any other ambulance, fire truck or rescue vehicle that is 16 authorized by the department in its sole discretion and that meets 17 liability insurance requirements prescribed by the department. 18

5. "Autocycle" means a three-wheeled motorcycle on which the driver 19 and passengers ride in a fully or partially enclosed seating area that is 20 equipped with a roll cage, safety belts for each occupant and antilock 21 brakes and that is designed to be controlled with a steering wheel and 22 pedals. 23

6. "Aviation fuel" means all flammable liquids composed of a 24 mixture of selected hydrocarbons expressly manufactured and blended for 25 the purpose of effectively and efficiently operating an internal 26 combustion engine for use in an aircraft but does not include fuel for jet 27 or turbine powered aircraft. 28

7. "Bicycle" means a device, including a racing wheelchair, that is 29 propelled by human power and on which a person may ride and that has 30 either: 31

(a) Two tandem wheels, either of which is more than sixteen inches 32 in diameter. 33

(b) Three wheels in contact with the ground, any of which is more 34 than sixteen inches in diameter. 35

8. "Board" means the transportation board. 36 9. "Bus" means a motor vehicle designed for carrying sixteen or 37

more passengers, including the driver. 38 10. "Business district" means the territory contiguous to and 39

including a highway if there are buildings in use for business or 40 industrial purposes within any six hundred feet along the highway, 41 including hotels, banks or office buildings, railroad stations and public 42 buildings that occupy at least three hundred feet of frontage on one side 43 or three hundred feet collectively on both sides of the highway. 44

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11. "Certificate of ownership" means a paper or an electronic 1 record that is issued in another state or a foreign jurisdiction and that 2 indicates ownership of a vehicle. 3

12. "Certificate of title" means a paper document or an electronic 4 record that is issued by the department and that indicates ownership of a 5 vehicle. 6

13. "Combination of vehicles" means a truck or truck tractor and 7 0semitrailer and any trailer that it tows but does not include a forklift 8 designed for the purpose of loading or unloading the truck, trailer or 9 semitrailer. 10

14. "Controlled substance" means a substance so classified under 11 section 102(6) of the controlled substances act (21 United States Code 12 section 802(6)) and includes all substances listed in schedules I through 13 V of 21 Code of Federal Regulations part 1308. 14

15. "Conviction" means: 15 (a) An unvacated adjudication of guilt or a determination that a 16

person violated or failed to comply with the law in a court of original 17 jurisdiction or by an authorized administrative tribunal. 18

(b) An unvacated forfeiture of bail or collateral deposited to 19 secure the person's appearance in court. 20

(c) A plea of guilty or no contest accepted by the court. 21 (d) The payment of a fine or court costs. 22 16. "County highway" means a public road that is constructed and 23

maintained by a county. 24 17. "Dealer" means a person who is engaged in the business of 25

buying, selling or exchanging motor vehicles, trailers or semitrailers and 26 who has an established place of business and has paid fees pursuant to 27 section 28-4302. 28

18. "Department" means the department of transportation acting 29 directly or through its duly authorized officers and agents. 30

19. "Digital network or software application" has the same meaning 31 prescribed in section 28-9551. 32

20. "Director" means the director of the department of 33 transportation. 34

21. "Drive" means to operate or be in actual physical control of a 35 motor vehicle. 36

22. "Driver" means a person who drives or is in actual physical 37 control of a vehicle. 38

23. "Driver license" means a license that is issued by a state to 39 an individual and that authorizes the individual to drive a motor vehicle. 40

24. "Electric personal assistive mobility device" means a 41 self-balancing device with one wheel or two nontandem wheels and an 42 electric propulsion system that limits the maximum speed of the device to 43 fifteen miles per hour or less and that is designed to transport only one 44 person. 45

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25. "Farm" means any lands primarily used for agriculture 1 production. 2

26. "Farm tractor" means a motor vehicle designed and used 3 primarily as a farm implement for drawing implements of husbandry. 4

27. "Foreign vehicle" means a motor vehicle, trailer or semitrailer 5 that is brought into this state other than in the ordinary course of 6 business by or through a manufacturer or dealer and that has not been 7 registered in this state. 8

28. "Golf cart" means a motor vehicle that has not less than three 9 wheels in contact with the ground, that has an unladen weight of less than 10 one thousand eight hundred pounds, that is designed to be and is operated 11 at not more than twenty-five miles per hour and that is designed to carry 12 not more than four persons including the driver. 13

29. "Hazardous material" means a material, and its mixtures or 14 solutions, that the United States department of transportation determines 15 under 49 Code of Federal Regulations is, or any quantity of a material 16 listed as a select agent or toxin under 42 Code of Federal Regulations 17 part 73 that is, capable of posing an unreasonable risk to health, safety 18 and property if transported in commerce and that is required to be 19 placarded or marked as required by the department's safety rules 20 prescribed pursuant to chapter 14 of this title. 21

30. "Implement of husbandry" means a vehicle that is designed 22 primarily for agricultural purposes and that is used exclusively in the 23 conduct of agricultural operations, including an implement or vehicle 24 whether self-propelled or otherwise that meets both of the following 25 conditions: 26

(a) Is used solely for agricultural purposes including the 27 preparation or harvesting of cotton, alfalfa, grains and other farm crops. 28

(b) Is only incidentally operated or moved on a highway whether as 29 a trailer or self-propelled unit. For the purposes of this subdivision, 30 "incidentally operated or moved on a highway" means travel between a farm 31 and another part of the same farm, from one farm to another farm or 32 between a farm and a place of repair, supply or storage. 33

31. "Limousine" means a motor vehicle providing prearranged ground 34 transportation service for an individual passenger, or a group of 35 passengers, that is arranged in advance or is operated on a regular route 36 or between specified points and includes ground transportation under a 37 contract or agreement for services that includes a fixed rate or time and 38 is provided in a motor vehicle with a seating capacity not exceeding 39 fifteen passengers including the driver. 40

32. "Livery vehicle" means a motor vehicle that: 41 (a) Has a seating capacity not exceeding fifteen passengers 42

including the driver. 43

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(b) Provides passenger services for a fare determined by a flat 1 rate or flat hourly rate between geographic zones or within a geographic 2 area. 3

(c) Is available for hire on an exclusive or shared ride basis. 4 (d) May do any of the following: 5 (i) Operate on a regular route or between specified places. 6 (ii) Offer prearranged ground transportation service as defined in 7

section 28-141. 8 (iii) Offer on demand ground transportation service pursuant to a 9

contract with a public airport, licensed business entity or organization. 10 33. "Local authority" means any county, municipal or other local 11

board or body exercising jurisdiction over highways under the constitution 12 and laws of this state. 13

34. "Manufacturer" means a person engaged in the business of 14 manufacturing motor vehicles, trailers or semitrailers. 15

35. "Moped" means a bicycle that is equipped with a helper motor if 16 the vehicle has a maximum piston displacement of fifty cubic centimeters 17 or less, a brake horsepower of one and one-half or less and a maximum 18 speed of twenty-five miles per hour or less on a flat surface with less 19 than a one percent grade. 20

36. "Motorcycle" means a motor vehicle that has a seat or saddle 21 for the use of the rider and that is designed to travel on not more than 22 three wheels in contact with the ground but excludes a tractor and a 23 moped. 24

37. "Motor driven cycle" means a motorcycle, including every motor 25 scooter, with a motor that produces not more than five horsepower. 26

38. "Motorized quadricycle" means a self-propelled motor vehicle to 27 which all of the following apply: 28

(a) The vehicle is self-propelled by an emission-free electric 29 motor and may include pedals operated by the passengers. 30

(b) The vehicle has at least four wheels in contact with the 31 ground. 32

(c) The vehicle seats at least eight passengers, including the 33 driver. 34

(d) The vehicle is operable on a flat surface using solely the 35 electric motor without assistance from the pedals or passengers. 36

(e) The vehicle is a commercial motor vehicle as defined in section 37 28-5201. 38

(f) The vehicle is a limousine operating under a vehicle for hire 39 company permit issued pursuant to section 28-9503. 40

(g) The vehicle is manufactured by a motor vehicle manufacturer 41 that is licensed pursuant to chapter 10 of this title. 42

(h) The vehicle complies with the definition and standards for 43 low-speed vehicles set forth in federal motor vehicle safety standard 500 44

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and 49 Code of Federal Regulations sections 571.3(b) and 571.500, 1 respectively. 2

39. "Motor vehicle": 3 (a) Means either: 4 (i) A self-propelled vehicle. 5 (ii) For the purposes of the laws relating to the imposition of a 6

tax on motor vehicle fuel, a vehicle that is operated on the highways of 7 this state and that is propelled by the use of motor vehicle fuel. 8

(b) Does not include a personal delivery device, a motorized 9 wheelchair, an electric personal assistive mobility device or a motorized 10 skateboard. For the purposes of this subdivision: 11

(i) "Motorized skateboard" means a self-propelled device that has a 12 motor, a deck on which a person may ride and at least two tandem wheels in 13 contact with the ground. 14

(ii) "Motorized wheelchair" means a self-propelled wheelchair that 15 is used by a person for mobility. 16

40. "Motor vehicle fuel" includes all products that are commonly or 17 commercially known or sold as gasoline, including casinghead gasoline, 18 natural gasoline and all flammable liquids, and that are composed of a 19 mixture of selected hydrocarbons expressly manufactured and blended for 20 the purpose of effectively and efficiently operating internal combustion 21 engines. Motor vehicle fuel does not include inflammable liquids that are 22 specifically manufactured for racing motor vehicles and that are 23 distributed for and used by racing motor vehicles at a racetrack, use fuel 24 as defined in section 28-5601, aviation fuel, fuel for jet or turbine 25 powered aircraft or the mixture created at the interface of two different 26 substances being transported through a pipeline, commonly known as 27 transmix. 28

41. "Neighborhood electric vehicle" means a self-propelled 29 electrically powered motor vehicle to which all of the following apply: 30

(a) The vehicle is emission free. 31 (b) The vehicle has at least four wheels in contact with the 32

ground. 33 (c) The vehicle complies with the definition and standards for 34

low-speed vehicles set forth in federal motor vehicle safety standard 500 35 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, 36 respectively. 37

42. "Nonresident" means a person who is not a resident of this 38 state as defined in section 28-2001. 39

43. "Off-road recreational motor vehicle" means a motor vehicle 40 that is designed primarily for recreational nonhighway all-terrain travel 41 and that is not operated on a public highway. Off-road recreational motor 42 vehicle does not mean a motor vehicle used for construction, building 43 trade, mining or agricultural purposes. 44

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44. "Operator" means a person who drives a motor vehicle on a 1 highway, who is in actual physical control of a motor vehicle on a highway 2 or who is exercising control over or steering a vehicle being towed by a 3 motor vehicle. 4

45. "Owner" means: 5 (a) A person who holds the legal title of a vehicle. 6 (b) If a vehicle is the subject of an agreement for the conditional 7

sale or lease with the right of purchase on performance of the conditions 8 stated in the agreement and with an immediate right of possession vested 9 in the conditional vendee or lessee, the conditional vendee or lessee. 10

(c) If a mortgagor of a vehicle is entitled to possession of the 11 vehicle, the mortgagor. 12

46. "Pedestrian" means any person afoot. A person who uses an 13 electric personal assistive mobility device or a manual or motorized 14 wheelchair is considered a pedestrian unless the manual wheelchair 15 qualifies as a bicycle. For the purposes of this paragraph, "motorized 16 wheelchair" means a self-propelled wheelchair that is used by a person for 17 mobility. 18

47. "Personal delivery device" means an electronically powered 19 device that: 20

(a) Is operated primarily on sidewalks and within crosswalks and 21 that is designed to transport property. 22

(b) Weighs less than two hundred pounds, excluding cargo, unless 23 otherwise authorized by a local authority pursuant to section 28-627. 24

(c) Operates at a maximum speed of seven miles per hour, unless 25 otherwise authorized by a local authority pursuant to section 28-627. 26

(d) Is equipped with technology to allow for the operation of the 27 device with or without the active control or monitoring of a natural 28 person. 29

(e) Is equipped with a braking system that when active or engaged 30 enables the personal delivery device to come to a controlled stop. 31

48. 47. "Power sweeper" means an implement, with or without motive 32 power, that is only incidentally operated or moved on a street or highway 33 and that is designed for the removal of debris, dirt, gravel, litter or 34 sand whether by broom, vacuum or regenerative air system from asphaltic 35 concrete or cement concrete surfaces, including parking lots, highways, 36 streets and warehouses, and a vehicle on which the implement is 37 permanently mounted. 38

49. 48. "Public transit" means the transportation of passengers on 39 scheduled routes by means of a conveyance on an individual passenger 40 fare-paying basis excluding transportation by a sightseeing bus, school 41 bus or taxi or a vehicle not operated on a scheduled route basis. 42

50. 49. "Reconstructed vehicle" means a vehicle that has been 43 assembled or constructed largely by means of essential parts, new or used, 44 derived from vehicles or makes of vehicles of various names, models and 45

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types or that, if originally otherwise constructed, has been materially 1 altered by the removal of essential parts or by the addition or 2 substitution of essential parts, new or used, derived from other vehicles 3 or makes of vehicles. For the purposes of this paragraph, "essential 4 parts" means integral and body parts, the removal, alteration or 5 substitution of which will tend to conceal the identity or substantially 6 alter the appearance of the vehicle. 7

51. 50. "Residence district" means the territory contiguous to and 8 including a highway not comprising a business district if the property on 9 the highway for a distance of three hundred feet or more is in the main 10 improved with residences or residences and buildings in use for business. 11

52. 51. "Right-of-way" when used within the context of the 12 regulation of the movement of traffic on a highway means the privilege of 13 the immediate use of the highway. Right-of-way when used within the 14 context of the real property on which transportation facilities and 15 appurtenances to the facilities are constructed or maintained means the 16 lands or interest in lands within the right-of-way boundaries. 17

53. 52. "School bus" means a motor vehicle that is designed for 18 carrying more than ten passengers and that is either: 19

(a) Owned by any public or governmental agency or other institution 20 and operated for the transportation of children to or from home or school 21 on a regularly scheduled basis. 22

(b) Privately owned and operated for compensation for the 23 transportation of children to or from home or school on a regularly 24 scheduled basis. 25

54. 53. "Semitrailer" means a vehicle that is with or without 26 motive power, other than a pole trailer, that is designed for carrying 27 persons or property and for being drawn by a motor vehicle and that is 28 constructed so that some part of its weight and that of its load rests on 29 or is carried by another vehicle. For the purposes of this paragraph, 30 "pole trailer" has the same meaning prescribed in section 28-601. 31

55. 54. "State" means a state of the United States and the 32 District of Columbia. 33

56. 55. "State highway" means a state route or portion of a state 34 route that is accepted and designated by the board as a state highway and 35 that is maintained by the state. 36

57. 56. "State route" means a right-of-way whether actually used 37 as a highway or not that is designated by the board as a location for the 38 construction of a state highway. 39

58. 57. "Street" or "highway" means the entire width between the 40 boundary lines of every way if a part of the way is open to the use of the 41 public for purposes of vehicular travel. 42

59. 58. "Taxi" means a motor vehicle that has a seating capacity 43 not exceeding fifteen passengers, including the driver, that provides 44 passenger services and that: 45

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(a) Does not primarily operate on a regular route or between 1 specified places. 2

(b) Offers local transportation for a fare determined on the basis 3 of the distance traveled or prearranged ground transportation service as 4 defined in section 28-141 for a predetermined fare. 5

60. 59. "Title transfer form" means a paper or an electronic form 6 that is prescribed by the department for the purpose of transferring a 7 certificate of title from one owner to another owner. 8

61. 60. "Traffic survival school" means a school that offers 9 educational sessions to drivers who are required to attend and 10 successfully complete educational sessions pursuant to this title that are 11 designed to improve the safety and habits of drivers and that are approved 12 by the department. 13

62. 61. "Trailer" means a vehicle that is with or without motive 14 power, other than a pole trailer, that is designed for carrying persons or 15 property and for being drawn by a motor vehicle and that is constructed so 16 that no part of its weight rests on the towing vehicle. A semitrailer 17 equipped with an auxiliary front axle commonly known as a dolly is deemed 18 to be a trailer. For the purposes of this paragraph, "pole trailer" has 19 the same meaning prescribed in section 28-601. 20

63. 62. "Transportation network company" has the same meaning 21 prescribed in section 28-9551. 22

64. 63. "Transportation network company vehicle" has the same 23 meaning prescribed in section 28-9551. 24

65. 64. "Transportation network service" has the same meaning 25 prescribed in section 28-9551. 26

66. 65. "Truck" means a motor vehicle designed or used primarily 27 for the carrying of property other than the effects of the driver or 28 passengers and includes a motor vehicle to which has been added a box, a 29 platform or other equipment for such carrying. 30

67. 66. "Truck tractor" means a motor vehicle that is designed and 31 used primarily for drawing other vehicles and that is not constructed to 32 carry a load other than a part of the weight of the vehicle and load 33 drawn. 34

68. 67. "Vehicle": 35 (a) Means a device in, on or by which a person or property is or 36

may be transported or drawn on a public highway. 37 (b) Does not include: 38 (i) Devices moved by human power. 39 (ii) Devices used exclusively on stationary rails or tracks. 40 (iii) Personal delivery devices. 41 69. 68. "Vehicle transporter" means either: 42 (a) A truck tractor capable of carrying a load and drawing a 43

semitrailer. 44

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(b) A truck tractor with a stinger-steered fifth wheel capable of 1 carrying a load and drawing a semitrailer or a truck tractor with a dolly 2 mounted fifth wheel that is securely fastened to the truck tractor at two 3 or more points and that is capable of carrying a load and drawing a 4 semitrailer. 5

Sec. 3. Section 28-627, Arizona Revised Statutes, is amended to 6 read: 7

28-627. Powers of local authorities 8 A. This chapter and chapters 4 and 5 of this title do not prohibit 9

a local authority, with respect to streets and highways under its 10 jurisdiction and within the reasonable exercise of the police power, from: 11

1. Regulating the standing or parking of vehicles. 12 2. Regulating traffic by means of police officers, traffic control 13

signals or volunteer posse organization members authorized by the sheriff 14 under section 11-441 for the purpose of directing traffic only. 15

3. Regulating or prohibiting processions or assemblages on the 16 highways. 17

4. Designating particular highways as one-way highways and 18 requiring that all vehicles on one-way highways be moved in one specific 19 direction. 20

5. Regulating the speed of vehicles in public parks. 21 6. Designating any highway as a through highway and requiring that 22

all vehicles stop before entering or crossing the highway or designating 23 any intersection as a stop intersection and requiring all vehicles to stop 24 at one or more entrances to the intersection. 25

7. Restricting the use of highways as authorized in section 26 28-1106. 27

8. Regulating the operation of bicycles and requiring the 28 registration and licensing of bicycles, including the requirement of a 29 registration fee. 30

9. Regulating or prohibiting the turning of vehicles or specified 31 types of vehicles at intersections. 32

10. Altering the prima facie speed limits as authorized by this 33 chapter. 34

11. Designating routes over streets and highways for vehicles not 35 exceeding one hundred two inches in width, exclusive of safety equipment. 36

12. Adopting other traffic regulations that are specifically 37 authorized by this chapter or chapter 4 or 5 of this title. 38

13. Designating routes on certain streets and highways for the 39 purpose of allowing off-highway vehicle operators to gain access to or 40 from a designated off-highway recreation facility as defined in section 41 28-1171, off-highway vehicle trail as defined in section 28-1171 or 42 off-highway vehicle special event as defined in section 28-1171. 43

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14. ADOPTING REASONABLE RESTRICTIONS FOR THE SAFE OPERATION OF 1 PERSONAL DELIVERY DEVICES. THE LOCAL AUTHORITY MAY ALLOW ALL OF THE 2 FOLLOWING: 3

(a) A PERSONAL DELIVERY DEVICE'S WEIGHT TO EXCEED TWO HUNDRED 4 POUNDS, EXCLUDING CARGO. 5

(b) A PERSONAL DELIVERY DEVICE TO OPERATE AT A SPEED THAT EXCEEDS 6 SEVEN MILES PER HOUR. 7

(c) AN OWNER AND OPERATOR OF A PERSONAL DELIVERY DEVICE TO MAINTAIN 8 AN INSURANCE POLICY THAT PROVIDES LESS THAN ONE HUNDRED THOUSAND DOLLARS 9 FOR DAMAGES ARISING FROM THE OPERATIONS OF THE PERSONAL DELIVERY DEVICE. 10

B. A local authority shall not erect or maintain a stop sign or 11 traffic control signal at any location that requires the traffic on any 12 state highway to stop before entering or crossing any intersecting highway 13 unless approval in writing has first been obtained from the director. 14

C. An ordinance or regulation enacted under subsection A, paragraph 15 4, 5, 6, 7, 9 or 10 of this section is not effective until signs giving 16 notice of the local traffic regulations are posted on or at the entrances 17 to the highway or part of the highway affected as is most appropriate. 18

D. The definition of motor vehicle prescribed in section 28-101 19 does not prevent a local authority from adopting ordinances that regulate 20 or prohibit the operation of motorized skateboards, except that a local 21 authority shall not adopt an ordinance that requires registration and 22 licensing of motorized skateboards. For the purposes of this subsection, 23 "motorized skateboard" means a self-propelled device that has a motor, a 24 deck on which a person may ride and at least two tandem wheels in contact 25 with the ground. 26

E. In addition to the appointment of peace officers, a local 27 authority may provide by ordinance for the appointment of: 28

1. Unarmed police aides or municipally approved private contractors 29 who are employed or contracted by the police department and who are 30 empowered to commence an action or proceeding before a court or judge for 31 a violation of the local authority's ordinances regulating the standing or 32 parking of vehicles. A municipally approved private contractor shall not 33 include a relative of an employee or of an elected official of the 34 municipality. The authority of the unarmed police aide or municipally 35 approved private contractor as authorized in this section is limited to 36 the enforcement of the ordinances of local authorities regulating the 37 standing or parking of vehicles. Pursuant to rules established by the 38 supreme court, an unarmed police aide appointed pursuant to this paragraph 39 may serve any process originating out of a municipal court in the 40 municipality in which the unarmed police aide is employed. Service of 41 process under this paragraph shall only be made during the hours the 42 municipal court is open for the transaction of business and only on court 43 premises. This paragraph does not grant to unarmed police aides or 44

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municipally approved private contractors other powers or benefits to which 1 peace officers of this state are entitled. 2

2. Traffic investigators who may: 3 (a) Investigate traffic accidents within the jurisdiction of the 4

local authority. 5 (b) Commence an action or proceeding before a court or judge for 6

any violation of a state statute or local ordinance relating to traffic, 7 if the violation is related to a traffic accident within the jurisdiction 8 of the local authority. 9

(c) Pursuant to rules established by the supreme court, serve any 10 process originating out of a municipal court in the municipality in which 11 the traffic investigator is employed. Service of process under paragraph 12 1 of this subsection shall only be made during the hours the municipal 13 court is open for the transaction of business and only on court premises. 14

F. A traffic investigator appointed pursuant to this section shall: 15 1. Be unarmed at all times during the course of the traffic 16

investigator's duties. 17 2. Be an employee of the appointing local authority. 18 3. File written reports as required pursuant to section 28-667. 19 G. Notwithstanding subsection E of this section, an unarmed police 20

aide, a municipally approved private contractor or a traffic investigator 21 shall not serve any process resulting from a citation issued for a 22 violation of article 3 or 6 of this chapter or of a city or town ordinance 23 for excessive speed or failure to obey a traffic control device that is 24 obtained using a photo enforcement system. 25

H. This section does not grant other powers or benefits to traffic 26 investigators to which peace officers of this state are entitled. 27

I. Pursuant to section 28-1092, a local authority shall provide 28 reasonable access to and from terminals and service facilities on highways 29 under its jurisdiction. 30


28-627. Powers of local authorities 33 A. This chapter and chapters 4 and 5 of this title do not prohibit 34

a local authority, with respect to streets and highways under its 35 jurisdiction and within the reasonable exercise of the police power, from: 36

1. Regulating the standing or parking of vehicles. 37 2. Regulating traffic by means of police officers, traffic control 38

signals or volunteer posse organization members authorized by the sheriff 39 under section 11-441 for the purpose of directing traffic only. 40

3. Regulating or prohibiting processions or assemblages on the 41 highways. 42

4. Designating particular highways as one-way highways and 43 requiring that all vehicles on one-way highways be moved in one specific 44 direction. 45

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5. Regulating the speed of vehicles in public parks. 1 6. Designating any highway as a through highway and requiring that 2

all vehicles stop before entering or crossing the highway or designating 3 any intersection as a stop intersection and requiring all vehicles to stop 4 at one or more entrances to the intersection. 5

7. Restricting the use of highways as authorized in section 6 28-1106. 7

8. Regulating the operation of bicycles and requiring the 8 registration and licensing of bicycles, including the requirement of a 9 registration fee. 10

9. Regulating or prohibiting the turning of vehicles or specified 11 types of vehicles at intersections. 12

10. Altering the prima facie speed limits as authorized by this 13 chapter. 14

11. Designating routes over streets and highways for vehicles not 15 exceeding one hundred two inches in width, exclusive of safety equipment. 16

12. Adopting other traffic regulations that are specifically 17 authorized by this chapter or chapter 4 or 5 of this title. 18

13. Designating routes on certain streets and highways for the 19 purpose of allowing off-highway vehicle operators to gain access to or 20 from a designated off-highway recreation facility as defined in section 21 28-1171, off-highway vehicle trail as defined in section 28-1171 or 22 off-highway vehicle special event as defined in section 28-1171. 23

14. Adopting reasonable restrictions for the safe operation of 24 personal delivery devices. The local authority may allow all of the 25 following: 26

(a) A personal delivery device's weight to exceed two hundred 27 pounds, excluding cargo. 28

(b) A personal delivery device to operate at a speed that exceeds 29 seven miles per hour. 30

(c) An owner and operator of a personal delivery device to maintain 31 an insurance policy that provides less than one hundred thousand dollars 32 for damages arising from the operations of the personal delivery device. 33

B. A local authority shall not erect or maintain a stop sign or 34 traffic control signal at any location that requires the traffic on any 35 state highway to stop before entering or crossing any intersecting highway 36 unless approval in writing has first been obtained from the director. 37

C. An ordinance or regulation enacted under subsection A, paragraph 38 4, 5, 6, 7, 9 or 10 of this section is not effective until signs giving 39 notice of the local traffic regulations are posted on or at the entrances 40 to the highway or part of the highway affected as is most appropriate. 41

D. The definition of motor vehicle prescribed in section 28-101 42 does not prevent a local authority from adopting ordinances that regulate 43 or prohibit the operation of motorized skateboards, except that a local 44 authority shall not adopt an ordinance that requires registration and 45

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licensing of motorized skateboards. For the purposes of this subsection, 1 "motorized skateboard" means a self-propelled device that has a motor, a 2 deck on which a person may ride and at least two tandem wheels in contact 3 with the ground. 4

E. In addition to the appointment of peace officers, a local 5 authority may provide by ordinance for the appointment of: 6

1. Unarmed police aides or municipally approved private contractors 7 who are employed or contracted by the police department and who are 8 empowered to commence an action or proceeding before a court or judge for 9 a violation of the local authority's ordinances regulating the standing or 10 parking of vehicles. A municipally approved private contractor shall not 11 include a relative of an employee or of an elected official of the 12 municipality. The authority of the unarmed police aide or municipally 13 approved private contractor as authorized in this section is limited to 14 the enforcement of the ordinances of local authorities regulating the 15 standing or parking of vehicles. Pursuant to rules established by the 16 supreme court, an unarmed police aide appointed pursuant to this paragraph 17 may serve any process originating out of a municipal court in the 18 municipality in which the unarmed police aide is employed. Service of 19 process under this paragraph shall only be made during the hours the 20 municipal court is open for the transaction of business and only on court 21 premises. This paragraph does not grant to unarmed police aides or 22 municipally approved private contractors other powers or benefits to which 23 peace officers of this state are entitled. 24

2. Traffic investigators who may: 25 (a) Investigate traffic accidents within the jurisdiction of the 26

local authority. 27 (b) Commence an action or proceeding before a court or judge for 28

any violation of a state statute or local ordinance relating to traffic, 29 if the violation is related to a traffic accident within the jurisdiction 30 of the local authority. 31

(c) Pursuant to rules established by the supreme court, serve any 32 process originating out of a municipal court in the municipality in which 33 the traffic investigator is employed. Service of process under paragraph 34 1 of this subsection shall only be made during the hours the municipal 35 court is open for the transaction of business and only on court premises. 36

F. A traffic investigator appointed pursuant to this section shall: 37 1. Be unarmed at all times during the course of the traffic 38

investigator's duties. 39 2. Be an employee of the appointing local authority. 40 3. File written reports as required pursuant to section 28-667. 41 G. Notwithstanding subsection E of this section, an unarmed police 42

aide, a municipally approved private contractor or a traffic investigator 43 shall not serve any process resulting from a citation issued for a 44 violation of article 3 or 6 of this chapter or of a city or town ordinance 45

H.B. 2422

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for excessive speed or failure to obey a traffic control device that is 1 obtained using a photo enforcement system. 2

H. This section does not grant other powers or benefits to traffic 3 investigators to which peace officers of this state are entitled. 4

I. Pursuant to section 28-1092, a local authority shall provide 5 reasonable access to and from terminals and service facilities on highways 6 under its jurisdiction. 7


28-904. Driving on sidewalk 10 A. A person shall not drive a vehicle on a sidewalk area except on 11

a permanent or duly authorized temporary driveway. 12 B. This section does not apply to a motorized wheelchair, electric 13

personal assistive mobility device, A PERSONAL DELIVERY DEVICE, AN 14 authorized emergency vehicle, security vehicle owned by this state or 15 small service vehicle owned by this state or a political subdivision of 16 this state. 17


28-904. Driving on sidewalk 20 A. A person shall not drive a vehicle on a sidewalk area except on 21

a permanent or duly authorized temporary driveway. 22 B. This section does not apply to a motorized wheelchair, electric 23

personal assistive mobility device, a personal delivery device, an 24 authorized emergency vehicle, security vehicle owned by this state or 25 small service vehicle owned by this state or a political subdivision of 26 this state. 27

Sec. 7. Title 28, chapter 3, article 15, Arizona Revised Statutes, 28 is amended by adding section 28-913, to read: 29

28-913. Personal delivery devices; operation; insurance 30 A. A PERSONAL DELIVERY DEVICE MAY OPERATE ON A SIDEWALK, WITHIN A 31

MARKED CROSSWALK OR WITHIN AN UNMARKED CROSSWALK AT AN INTERSECTION AND ON 32 ROADWAYS IN THIS STATE WITH A POSTED SPEED LIMIT OF NO GREATER THAN 33 TWENTY-FIVE MILES PER HOUR OPERATED AS FAR TO THE RIGHT AS PRACTICABLE. A 34 PERSONAL DELIVERY DEVICE HAS ALL OF THE RIGHTS AND DUTIES THAT ARE 35 CONTAINED IN THIS CHAPTER AND CHAPTER 5 OF THIS TITLE AND THAT ARE 36 APPLICABLE TO PEDESTRIANS EXCEPT THOSE PROVISIONS THAT BY THEIR NATURE CAN 37 HAVE NO APPLICATION. 38

B. A PERSON WHO OWNS AND OPERATES A PERSONAL DELIVERY DEVICE IN 39 THIS STATE MUST MAINTAIN AN INSURANCE POLICY THAT PROVIDES GENERAL 40 LIABILITY COVERAGE OF AT LEAST ONE HUNDRED THOUSAND DOLLARS FOR DAMAGES 41 ARISING FROM THE OPERATIONS OF THE PERSONAL DELIVERY DEVICE UNDER THE 42 PERSON'S CONTROL UNLESS OTHERWISE AUTHORIZED BY A LOCAL AUTHORITY PURSUANT 43 TO SECTION 28-627. 44

H.B. 2422

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28-2153. Registration requirement; exceptions; assessment; 3 violation; classification 4

A. A person shall not operate, move or leave standing on a highway 5 a motor vehicle, trailer or semitrailer unless the motor vehicle, trailer 6 or semitrailer has been registered with the department for the current 7 registration year or is properly registered for the current registration 8 year by the state or country of which the owner or lessee is a resident. 9

B. A resident shall not operate, move or leave standing on a 10 highway a motor vehicle, trailer or semitrailer that is: 11

1. Owned by a nonresident and that is primarily under the control 12 of a resident of this state for more than seven months unless the motor 13 vehicle, trailer or semitrailer has been registered with the department 14 for the current registration year. 15

2. Leased by the resident for more than twenty-nine days unless the 16 motor vehicle, trailer or semitrailer has been registered with the 17 department for the current registration year. 18

C. This section applies to a trailer or semitrailer without motive 19 power unless the vehicle is disabled or is being towed as an abandoned 20 vehicle at the direction of a law enforcement agency. 21

D. This section does not apply to: 22 1. A farm tractor. 23 2. A trailer used solely in the operation of a farm for 24

transporting the unprocessed fiber or forage products of a farm or any 25 implement of husbandry designed primarily for or used in agricultural 26 operations and only incidentally operated or moved on a highway. 27

3. A road roller or road machinery, including a power sweeper, that 28 is temporarily operating or moved on the highway. 29

4. An owner permitted to operate a vehicle under special provisions 30 relating to lienholders, manufacturers, dealers and nonresidents. 31

5. Motorized or nonmotorized equipment designed primarily for and 32 used in mining operations and only incidentally operated or moved on a 33 highway. 34

6. A motor vehicle that is being towed by a tow truck that has been 35 registered and for which a permit has been obtained pursuant to section 36 41-1830.51. 37

7. A golf cart used in the operation of a golf course or only 38 incidentally operated or moved on a highway. 39

8. Wheeled equipment. For the purposes of this paragraph, "wheeled 40 equipment" means: 41

(a) A compressor. 42 (b) A forklift or a hay squeeze machine that is designed to load 43

hay in an off-road situation. 44 (c) A portable cement mixer. 45

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(d) A single axle tow dolly as defined in section 28-1095. 1 (e) A tar pot. 2 (f) A water trailer used for watering livestock or for agricultural 3

or domestic purposes. 4 (g) A welder. 5 (h) Any other similar item designed and used primarily for 6

construction or building trade purposes. 7 9. An all-terrain vehicle or an off-road recreational motor vehicle 8

operating on a dirt road that is located in an unincorporated area of this 9 state. For the purposes of this paragraph, "dirt road" means an unpaved 10 or ungraveled road that is not maintained by this state or a city, town or 11 county of this state. 12

10. A person operating an off-highway vehicle who is participating 13 in an off-highway vehicle special event as defined in section 28-1171. 14

11. An all-terrain vehicle or an off-highway vehicle as defined in 15 section 28-1171 that is only incidentally operated or moved on a highway. 16

12. A PERSONAL DELIVERY DEVICE. 17 E. A person who owns or operates a trailer that is exempt from 18

registration pursuant to subsection D, paragraph 2 of this section shall 19 notify the county assessor of the exemption, and the assessor shall assess 20 the trailer. 21

F. A person who violates THIS subsection E of this section is 22 guilty of a class 2 misdemeanor. 23


28-2153. Registration requirement; exceptions; assessment; 26 violation; classification 27

A. A person shall not operate, move or leave standing on a highway 28 a motor vehicle, trailer or semitrailer unless the motor vehicle, trailer 29 or semitrailer has been registered with the department for the current 30 registration year or is properly registered for the current registration 31 year by the state or country of which the owner or lessee is a resident. 32

B. A resident shall not operate, move or leave standing on a 33 highway a motor vehicle, trailer or semitrailer that is: 34

1. Owned by a nonresident and that is primarily under the control 35 of a resident of this state for more than seven months unless the motor 36 vehicle, trailer or semitrailer has been registered with the department 37 for the current registration year. 38

2. Leased by the resident for more than twenty-nine days unless the 39 motor vehicle, trailer or semitrailer has been registered with the 40 department for the current registration year. 41

C. This section applies to a trailer or semitrailer without motive 42 power unless the vehicle is disabled or is being towed as an abandoned 43 vehicle at the direction of a law enforcement agency. 44

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D. This section does not apply to: 1 1. A farm tractor. 2 2. A trailer used solely in the operation of a farm for 3

transporting the unprocessed fiber or forage products of a farm or any 4 implement of husbandry designed primarily for or used in agricultural 5 operations and only incidentally operated or moved on a highway. 6

3. A road roller or road machinery, including a power sweeper, that 7 is temporarily operating or moved on the highway. 8

4. An owner permitted to operate a vehicle under special provisions 9 relating to lienholders, manufacturers, dealers and nonresidents. 10

5. Motorized or nonmotorized equipment designed primarily for and 11 used in mining operations and only incidentally operated or moved on a 12 highway. 13

6. A motor vehicle that is being towed by a tow truck that has been 14 registered and for which a permit has been obtained pursuant to section 15 41-1830.51. 16

7. A golf cart used in the operation of a golf course or only 17 incidentally operated or moved on a highway. 18

8. Wheeled equipment. For the purposes of this paragraph, "wheeled 19 equipment" means: 20

(a) A compressor. 21 (b) A forklift or a hay squeeze machine that is designed to load 22

hay in an off-road situation. 23 (c) A portable cement mixer. 24 (d) A single axle tow dolly as defined in section 28-1095. 25 (e) A tar pot. 26 (f) A water trailer used for watering livestock or for agricultural 27

or domestic purposes. 28 (g) A welder. 29 (h) Any other similar item designed and used primarily for 30

construction or building trade purposes. 31 9. An all-terrain vehicle or an off-road recreational motor vehicle 32


10. A person operating an off-highway vehicle who is participating 37 in an off-highway vehicle special event as defined in section 28-1171. 38

11. An all-terrain vehicle or an off-highway vehicle as defined in 39 section 28-1171 that is only incidentally operated or moved on a highway. 40

12. A personal delivery device. 41 E. A person who owns or operates a trailer that is exempt from 42

registration pursuant to subsection D, paragraph 2 of this section shall 43 notify the county assessor of the exemption, and the assessor shall assess 44

H.B. 2422

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the trailer. A person who violates this subsection is guilty of a class 2 1 misdemeanor. 2


28-4132. Financial responsibility requirement exemptions 5 This article does not apply to the owner or operator of any: 6 1. Farm tractor. 7 2. Trailer used solely in the operation of a farm for transporting 8

the unprocessed fiber or forage products of a farm or an implement of 9 husbandry designed primarily for or used in agricultural operations and 10 only incidentally operated or moved on a highway. 11

3. Road-roller or road machinery, including a power sweeper, 12 temporarily operating or moved on the highway. 13

4. Trailer not used for commercial purposes or semitrailer not used 14 for commercial purposes. 15

5. Motor vehicle rented without a driver that meets the 16 requirements of section 28-2166. 17

6. Motor vehicle registered pursuant to section 28-2154. 18 7. Motor vehicle owned by the United States government. 19 8. Golf cart used in the operation of a golf course or only 20

incidentally operated or moved on a highway. 21 9. All-terrain vehicle or off-road recreational motor vehicle 22


10. Off-highway vehicle participating in an off-highway vehicle 27 special event as defined in section 28-1171. 28

11. PERSONAL DELIVERY DEVICE. 29 Sec. 11. Section 28-4132, Arizona Revised Statutes, as amended by 30

section 10 of this act, is amended to read: 31 28-4132. Financial responsibility requirement exemptions 32 This article does not apply to the owner or operator of any: 33 1. Farm tractor. 34 2. Trailer used solely in the operation of a farm for transporting 35

the unprocessed fiber or forage products of a farm or an implement of 36 husbandry designed primarily for or used in agricultural operations and 37 only incidentally operated or moved on a highway. 38

3. Road-roller or road machinery, including a power sweeper, 39 temporarily operating or moved on the highway. 40

4. Trailer not used for commercial purposes or semitrailer not used 41 for commercial purposes. 42

5. Motor vehicle rented without a driver that meets the 43 requirements of section 28-2166. 44

6. Motor vehicle registered pursuant to section 28-2154. 45

H.B. 2422

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7. Motor vehicle owned by the United States government. 1 8. Golf cart used in the operation of a golf course or only 2

incidentally operated or moved on a highway. 3 9. All-terrain vehicle or off-road recreational motor vehicle 4


10. Off-highway vehicle participating in an off-highway vehicle 9 special event as defined in section 28-1171. 10

11. Personal delivery service. 11 Sec. 12. Effective date 12 Section 28-101, Arizona Revised Statutes, as amended by section 2 of 13

this act, section 28-627, Arizona Revised Statutes, as amended by section 14 4 of this act, section 28-904, Arizona Revised Statutes, as amended by 15 section 6 of this act, section 28-2153, Arizona Revised Statutes, as 16 amended by section 9 of this act and section 28-4132, Arizona Revised 17 Statutes, as amended by section 11 of this act, are effective from and 18 after August 31, 2020. 19

Sec. 13. Delayed repeal 20 Section 28-913, Arizona Revised Statutes, as added by this act, is 21

repealed from and after August 31, 2020. 22 APPROVED BY THE GOVERNOR MAY 16, 2018. FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 16, 2018.

house bill 2422 · 2018-05-18 · 22 (v) is operated on a public highway. 23 (b) a recreational...

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