Arizona Administrative Code, 17 — Transportation

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Chapter 1 DEPARTMENT OF TRANSPORTATION ADMINISTRATION

Article 2 FEES

Ariz. Admin. Code tit. 17, ch. 1, art. 2, tbl. 1 [Repealed]

History

• Table 1 made by exempt rulemaking at 13 A.A.R. 3041, effective August 31, 2007 (Supp. 07-3). Table 1 repealed by final expedited rulemaking at 24 A.A.R. 3495, effective December 4, 2018; Historical note added to clarify when Table 1 was made (Supp. 18-4).

Chapter 3 DEPARTMENT OF TRANSPORTATION HIGHWAYS

Article 7 HIGHWAY BEAUTIFICATION

Ariz. Admin. Code tit. 17, ch. 3, art. 7, exh. 2 Expired

History

• Exhibit 2 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Ariz. Admin. Code tit. 17, ch. 3, art. 7, exh. 3 Expired

History

• Exhibit 3 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Chapter 6 DEPARTMENT OF TRANSPORTATION OVERSIZE AND OVERWEIGHT SPECIAL PERMITS

Article 4 TRANSPORT PROVISIONS

Ariz. Admin. Code tit. 17, ch. 6, art. 4, tbl. 3.01 Maximum Permitted Weight Computations for Overweight Axle Groups - Axle Width 8 Feet 0 Inches

| Maximum allowable axle group weights determined by using the computation formula: Weight = 1.5 X 700 (L + 40), where: | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | L = Distance between the center of the front axle and the center of the rear axle of any group of axles within a space of 3' 5" to 18' 0". | | | | | | | | | | | | | | | L = | 0" [RIGHT ARROW] | 1" | 2" | 3" | 4" | 5" | 6" | 7" | 8" | 9" | 10" | 11" | | | a | 3' [DOWN ARROW] | 28,000 | 28,000 | 28,000 | 28,000 | 28,000 | 45,588 | 45,675 | 45,763 | 45,850 | 45,938 | 46,025 | 46,113 | | B | 32,200 | 32,200 | 32,200 | 32,200 | 32,200 | 52,426 | 52,526 | 52,627 | 52,728 | 52,828 | 52,929 | 53,029 | | | a | 4' | 46,200 | 46,288 | 46,375 | 46,463 | 46,550 | 46,638 | 46,725 | 46,813 | 46,900 | 46,988 | 47,075 | 47,163 | | B | 53,130 | 53,231 | 53,331 | 53,432 | 53,533 | 53,633 | 53,734 | 53,834 | 53,935 | 54,036 | 54,136 | 54,237 | | | a | 5' | 47,250 | 47,338 | 47,425 | 47,513 | 47,600 | 47,688 | 47,775 | 47,863 | 47,950 | 48,038 | 48,125 | 48,213 | | B | 54,338 | 54,438 | 54,539 | 54,639 | 54,740 | 54,841 | 54,941 | 55,042 | 55,143 | 55,243 | 55,344 | 55,444 | | | a | 6' | 48,300 | 48,388 | 48,475 | 48,563 | 48,650 | 48,738 | 48,825 | 48,913 | 49,000 | 49,088 | 49,175 | 49,263 | | B | 55,545 | 55,646 | 55,746 | 55,847 | 55,948 | 56,048 | 56,149 | 56,249 | 56,350 | 56,451 | 56,551 | 56,652 | | | a | 7' | 49,350 | 49,438 | 49,525 | 49,613 | 49,700 | 49,788 | 49,875 | 49,963 | 50,050 | 50,138 | 50,225 | 50,313 | | B | 56,753 | 56,853 | 56,954 | 57,054 | 57,155 | 57,256 | 57,356 | 57,457 | 57,558 | 57,658 | 57,759 | 57,859 | | | a | 8' | 50,400 | 50,488 | 50,575 | 50,663 | 50,750 | 50,838 | 50,925 | 51,013 | 51,100 | 51,188 | 51,275 | 51,363 | | B | 57,960 | 58,061 | 58,161 | 58,262 | 58,363 | 58,463 | 58,564 | 58,664 | 58,765 | 58,866 | 58,966 | 59,067 | | | a | 9' | 51,450 | 51,538 | 51,625 | 51,713 | 51,800 | 51,888 | 51,975 | 52,063 | 52,150 | 52,238 | 52,325 | 52,413 | | B | 59,168 | 59,268 | 59,369 | 59,469 | 59,570 | 59,671 | 59,771 | 59,872 | 59,973 | 60,073 | 60,174 | 60,274 | | | a | 10' | 52,500 | 52,588 | 52,675 | 52,763 | 52,850 | 52,938 | 53,025 | 53,113 | 53,200 | 53,288 | 53,375 | 53,463 | | B | 60,375 | 60,476 | 60,576 | 60,677 | 60,778 | 60,878 | 60,979 | 61,079 | 61,180 | 61,281 | 61,381 | 61,482 | | | a | 11' | 53,550 | 53,638 | 53,725 | 53,813 | 53,900 | 53,988 | 54,075 | 54,163 | 54,250 | 54,338 | 54,425 | 54,513 | | B | 61,583 | 61,683 | 61,784 | 61,884 | 61,985 | 62,086 | 62,186 | 62,287 | 62,388 | 62,488 | 62,589 | 62,689 | | | a | 12' | 54,600 | 54,688 | 54,775 | 54,863 | 54,950 | 55,038 | 55,125 | 55,213 | 55,300 | 55,388 | 55,475 | 55,563 | | B | 62,790 | 62,891 | 62,991 | 63,092 | 63,193 | 63,293 | 63,394 | 63,494 | 63,595 | 63,696 | 63,796 | 63,897 | | | a | 13' | 55,650 | 55,738 | 55,825 | 55,913 | 56,000 | 56,088 | 56,175 | 56,263 | 56,350 | 56,438 | 56,525 | 56,613 | | B | 63,998 | 64,098 | 64,199 | 64,299 | 64,400 | 64,501 | 64,601 | 64,702 | 64,803 | 64,903 | 65,004 | 65,104 | | | a | 14' | 56,700 | 56,788 | 56,875 | 56,963 | 57,050 | 57,138 | 57,225 | 57,313 | 57,400 | 57,488 | 57,575 | 57,663 | | B | 65,205 | 65,306 | 65,406 | 65,507 | 65,608 | 65,708 | 65,809 | 65,909 | 66,010 | 66,111 | 66,211 | 66,312 | | | a | 15' | 57,750 | 57,838 | 57,925 | 58,013 | 58,100 | 58,188 | 58,275 | 58,363 | 58,450 | 58,538 | 58,625 | 58,713 | | B | 66,413 | 66,513 | 66,614 | 66,714 | 66,815 | 66,916 | 67,016 | 67,117 | 67,218 | 67,318 | 67,419 | 67,519 | | | a | 16' | 58,800 | 58,888 | 58,975 | 59,063 | 59,150 | 59,238 | 59,325 | 59,413 | 59,500 | 59,588 | 59,675 | 59,763 | | B | 67,620 | 67,721 | 67,821 | 67,922 | 68,023 | 68,123 | 68,224 | 68,324 | 68,425 | 68,526 | 68,626 | 68,727 | | | a | 17' | 59,850 | 59,938 | 60,025 | 60,113 | 60,200 | 60,288 | 60,375 | 60,463 | 60,550 | 60,638 | 60,725 | 60,813 | | B | 68,828 | 68,928 | 69,029 | 69,129 | 69,230 | 69,331 | 69,431 | 69,532 | 69,633 | 69,733 | 69,834 | 69,934 | | | a | 18' | 60,900 | | | | | | | | | | | | | B | 70,035 | | | | | | | | | | | | |

Legend (Tire measurement excludes any load-induced tire bulge):

Line A: Four tires per axle or two 14-inch wide tires per axle. Value is the formula weight only.

Line B: Eight tires per axle or four 14-inch wide tires per axle. Value is the formula weight plus 15%.

History

• New Table made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code tit. 17, ch. 6, art. 4, tbl. 3.02 Maximum Permitted Weight Computations for Overweight Axle Groups - Axle Width 8 Feet 3 Inches

| Maximum allowable axle group weights determined by using the computation formula: Weight = 1.5 X 700 (L + 40), where: | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | L = Distance between the center of the front axle and the center of the rear axle of any group of axles within a space of 3' 5" to 18' 0". | | | | | | | | | | | | | | | L = | 0" [RIGHT ARROW] | 1" | 2" | 3" | 4" | 5" | 6" | 7" | 8" | 9" | 10" | 11" | | | A | 3' [DOWN ARROW] | 28,525 | 28,525 | 28,525 | 28,525 | 28,525 | 46,442 | 46,531 | 46,621 | 46,710 | 46,799 | 46,888 | 46,977 | | B | 32,550 | 32,550 | 32,550 | 32,550 | 32,550 | 52,995 | 53,097 | 53,199 | 53,301 | 53,402 | 53,504 | 53,606 | | | A | 4' | 47,066 | 47,155 | 47,245 | 47,334 | 47,423 | 47,512 | 47,601 | 47,690 | 47,779 | 47,869 | 47,958 | 48,047 | | B | 53,708 | 53,809 | 53,911 | 54,013 | 54,114 | 54,216 | 54,318 | 54,420 | 54,521 | 54,623 | 54,725 | 54,826 | | | A | 5' | 48,136 | 48,225 | 48,314 | 48,403 | 48,493 | 48,582 | 48,671 | 48,760 | 48,849 | 48,938 | 49,027 | 49,116 | | B | 54,928 | 55,030 | 55,132 | 55,233 | 55,335 | 55,437 | 55,538 | 55,640 | 55,742 | 55,844 | 55,945 | 56,047 | | | A | 6' | 49,206 | 49,295 | 49,384 | 49,473 | 49,562 | 49,651 | 49,740 | 49,830 | 49,919 | 50,008 | 50,097 | 50,186 | | B | 56,149 | 56,250 | 56,352 | 56,454 | 56,556 | 56,657 | 56,759 | 56,861 | 56,963 | 57,064 | 57,166 | 57,268 | | | A | 7' | 50,275 | 50,364 | 50,454 | 50,543 | 50,632 | 50,721 | 50,810 | 50,899 | 50,988 | 51,078 | 51,167 | 51,256 | | B | 57,369 | 57,471 | 57,573 | 57,675 | 57,776 | 57,878 | 57,980 | 58,081 | 58,183 | 58,285 | 58,387 | 58,488 | | | A | 8' | 51,345 | 51,434 | 51,523 | 51,612 | 51,702 | 51,791 | 51,880 | 51,969 | 52,058 | 52,147 | 52,236 | 52,326 | | B | 58,590 | 58,692 | 58,793 | 58,895 | 58,997 | 59,099 | 59,200 | 59,302 | 59,404 | 59,505 | 59,607 | 59,709 | | | A | 9' | 52,415 | 52,504 | 52,593 | 52,682 | 52,771 | 52,860 | 52,950 | 53,039 | 53,128 | 53,217 | 53,306 | 53,395 | | B | 59,811 | 59,912 | 60,014 | 60,116 | 60,218 | 60,319 | 60,421 | 60,523 | 60,624 | 60,726 | 60,828 | 60,930 | | | A | 10' | 53,484 | 53,574 | 53,663 | 53,752 | 53,841 | 53,930 | 54,019 | 54,108 | 54,198 | 54,287 | 54,376 | 54,465 | | B | 61,031 | 61,133 | 61,235 | 61,336 | 61,438 | 61,540 | 61,642 | 61,743 | 61,845 | 61,947 | 62,048 | 62,150 | | | A | 11' | 54,554 | 54,643 | 54,732 | 54,821 | 54,911 | 55,000 | 55,089 | 55,178 | 55,267 | 55,356 | 55,445 | 55,535 | | B | 62,252 | 62,354 | 62,455 | 62,557 | 62,659 | 62,760 | 62,862 | 62,964 | 63,066 | 63,167 | 63,269 | 63,371 | | | A | 12' | 55,624 | 55,713 | 55,802 | 55,891 | 55,980 | 56,069 | 56,159 | 56,248 | 56,337 | 56,426 | 56,515 | 56,604 | | B | 63,473 | 63,574 | 63,676 | 63,778 | 63,879 | 63,981 | 64,083 | 64,185 | 64,286 | 64,388 | 64,490 | 64,591 | | | A | 13' | 56,693 | 56,783 | 56,872 | 56,961 | 57,050 | 57,139 | 57,228 | 57,317 | 57,407 | 57,496 | 57,585 | 57,674 | | B | 64,693 | 64,795 | 64,897 | 64,998 | 65,100 | 65,202 | 65,303 | 65,405 | 65,507 | 65,609 | 65,710 | 65,812 | | | A | 14' | 57,763 | 57,852 | 57,941 | 58,031 | 58,120 | 58,209 | 58,298 | 58,387 | 58,476 | 58,565 | 58,655 | 58,744 | | B | 65,914 | 66,015 | 66,117 | 66,219 | 66,321 | 66,422 | 66,524 | 66,626 | 66,728 | 66,829 | 66,931 | 67,033 | | | A | 15' | 58,833 | 58,922 | 59,011 | 59,100 | 59,189 | 59,279 | 59,368 | 59,457 | 59,546 | 59,635 | 59,724 | 59,813 | | B | 67,134 | 67,236 | 67,338 | 67,440 | 67,541 | 67,643 | 67,745 | 67,846 | 67,948 | 68,050 | 68,152 | 68,253 | | | A | 16' | 59,903 | 59,992 | 60,081 | 60,170 | 60,259 | 60,348 | 60,437 | 60,526 | 60,616 | 60,705 | 60,794 | 60,883 | | B | 68,355 | 68,457 | 68,558 | 68,660 | 68,762 | 68,864 | 68,965 | 69,067 | 69,169 | 69,270 | 69,372 | 69,474 | | | A | 17' | 60,972 | 61,061 | 61,150 | 61,240 | 61,329 | 61,418 | 61,507 | 61,596 | 61,685 | 61,774 | 61,864 | 61,953 | | B | 69,576 | 69,677 | 69,779 | 69,881 | 69,983 | 70,084 | 70,186 | 70,288 | 70,389 | 70,491 | 70,593 | 70,695 | | | A | 18' | 62,042 | | | | | | | | | | | | | B | 70,796 | | | | | | | | | | | | |

Legend (Tire measurement excludes any load-induced tire bulge):

Line A: Four tires per axle or two 14-inch wide tires per axle. Value is the formula weight plus 1.875%.

Line B: Eight tires per axle or four 14-inch wide tires per axle. Value is the formula weight plus 16.25%.

History

• New Table made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code tit. 17, ch. 6, art. 4, tbl. 3.03 Maximum Permitted Weight Computations for Overweight Axle Groups - Axle Width 8 Feet 6 Inches

| Maximum allowable axle group weights determined by using the computation formula: Weight = 1.5 X 700 (L + 40), where: | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | L = Distance between the center of the front axle and the center of the rear axle of any group of axles within a space of 3' 5" to 18' 0". | | | | | | | | | | | | | | | L = | 0" [RIGHT ARROW] | 1" | 2" | 3" | 4" | 5" | 6" | 7" | 8" | 9" | 10" | 11" | | | A | 3' [DOWN ARROW] | 29,050 | 29,050 | 29,050 | 29,050 | 29,050 | 47,297 | 47,388 | 47,479 | 47,569 | 47,660 | 47,751 | 47,842 | | B | 32,900 | 32,900 | 32,900 | 32,900 | 32,900 | 53,565 | 53,668 | 53,771 | 53,874 | 53,977 | 54,079 | 54,182 | | | A | 4' | 47,933 | 48,023 | 48,114 | 48,205 | 48,296 | 48,386 | 48,477 | 48,568 | 48,659 | 48,750 | 48,840 | 48,931 | | B | 54,285 | 54,388 | 54,491 | 54,593 | 54,696 | 54,799 | 54,902 | 55,005 | 55,108 | 55,210 | 55,313 | 55,416 | | | A | 5' | 49,022 | 49,113 | 49,203 | 49,294 | 49,385 | 49,476 | 49,567 | 49,657 | 49,748 | 49,839 | 49,930 | 50,020 | | B | 55,519 | 55,622 | 55,724 | 55,827 | 55,930 | 56,033 | 56,136 | 56,238 | 56,341 | 56,444 | 56,547 | 56,650 | | | A | 6' | 50,111 | 50,202 | 50,293 | 50,384 | 50,474 | 50,565 | 50,656 | 50,747 | 50,838 | 50,928 | 51,019 | 51,110 | | B | 56,753 | 56,855 | 56,958 | 57,061 | 57,164 | 57,267 | 57,369 | 57,472 | 57,575 | 57,678 | 57,781 | 57,883 | | | A | 7' | 51,201 | 51,291 | 51,382 | 51,473 | 51,564 | 51,655 | 51,745 | 51,836 | 51,927 | 52,018 | 52,108 | 52,199 | | B | 57,986 | 58,089 | 58,192 | 58,295 | 58,398 | 58,500 | 58,603 | 58,706 | 58,809 | 58,912 | 59,014 | 59,117 | | | A | 8' | 52,290 | 52,381 | 52,472 | 52,562 | 52,653 | 52,744 | 52,835 | 52,925 | 53,016 | 53,107 | 53,198 | 53,289 | | B | 59,220 | 59,323 | 59,426 | 59,528 | 59,631 | 59,734 | 59,837 | 59,940 | 60,043 | 60,145 | 60,248 | 60,351 | | | A | 9' | 53,379 | 53,470 | 53,561 | 53,652 | 53,743 | 53,833 | 53,924 | 54,015 | 54,106 | 54,196 | 54,287 | 54,378 | | B | 60,454 | 60,557 | 60,659 | 60,762 | 60,865 | 60,968 | 61,071 | 61,173 | 61,276 | 61,379 | 61,482 | 61,585 | | | A | 10' | 54,469 | 54,560 | 54,650 | 54,741 | 54,832 | 54,923 | 55,013 | 55,104 | 55,195 | 55,286 | 55,377 | 55,467 | | B | 61,688 | 61,790 | 61,893 | 61,996 | 62,099 | 62,202 | 62,304 | 62,407 | 62,510 | 62,613 | 62,716 | 62,818 | | | A | 11' | 55,558 | 55,649 | 55,740 | 55,830 | 55,921 | 56,012 | 56,103 | 56,194 | 56,284 | 56,375 | 56,466 | 56,557 | | B | 62,921 | 63,024 | 63,127 | 63,230 | 63,333 | 63,435 | 63,538 | 63,641 | 63,744 | 63,847 | 63,949 | 64,052 | | | A | 12' | 56,648 | 56,738 | 56,829 | 56,920 | 57,011 | 57,101 | 57,192 | 57,283 | 57,374 | 57,465 | 57,555 | 57,646 | | B | 64,155 | 64,258 | 64,361 | 64,463 | 64,566 | 64,669 | 64,772 | 64,875 | 64,978 | 65,080 | 65,183 | 65,286 | | | A | 13' | 57,737 | 57,828 | 57,918 | 58,009 | 58,100 | 58,191 | 58,282 | 58,372 | 58,463 | 58,554 | 58,645 | 58,735 | | B | 65,389 | 65,492 | 65,594 | 65,697 | 65,800 | 65,903 | 66,006 | 66,108 | 66,211 | 66,314 | 66,417 | 66,520 | | | A | 14' | 58,826 | 58,917 | 59,008 | 59,099 | 59,189 | 59,280 | 59,371 | 59,462 | 59,553 | 59,643 | 59,734 | 59,825 | | B | 66,623 | 66,725 | 66,828 | 66,931 | 67,034 | 67,137 | 67,239 | 67,342 | 67,445 | 67,548 | 67,651 | 67,753 | | | A | 15' | 59,916 | 60,006 | 60,097 | 60,188 | 60,279 | 60,370 | 60,460 | 60,551 | 60,642 | 60,733 | 60,823 | 60,914 | | B | 67,856 | 67,959 | 68,062 | 68,165 | 68,268 | 68,370 | 68,473 | 68,576 | 68,679 | 68,782 | 68,884 | 68,987 | | | A | 16' | 61,005 | 61,096 | 61,187 | 61,277 | 61,368 | 61,459 | 61,550 | 61,640 | 61,731 | 61,822 | 61,913 | 62,004 | | B | 69,090 | 69,193 | 69,296 | 69,398 | 69,501 | 69,604 | 69,707 | 69,810 | 69,913 | 70,015 | 70,118 | 70,221 | | | A | 17' | 62,094 | 62,185 | 62,276 | 62,367 | 62,458 | 62,548 | 62,639 | 62,730 | 62,821 | 62,911 | 63,002 | 63,093 | | B | 70,324 | 70,427 | 70,529 | 70,632 | 70,735 | 70,838 | 70,941 | 71,043 | 71,146 | 71,249 | 71,352 | 71,455 | | | A | 18' | 63,184 | | | | | | | | | | | | | B | 71,558 | | | | | | | | | | | | |

Legend (Tire measurement excludes any load-induced tire bulge):

Line A: Four tires per axle or two 14-inch wide tires per axle. Value is the formula weight plus 3.75%.

Line B: Eight tires per axle or four 14-inch wide tires per axle. Value is the formula weight plus 17.5%.

History

• New Table made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code tit. 17, ch. 6, art. 4, tbl. 3.04 Maximum Permitted Weight Computations for Overweight Axle Groups - Axle Width 8 Feet 9 Inches

| Maximum allowable axle group weights determined by using the computation formula: Weight = 1.5 X 700 (L + 40), where: L = Distance between the center of the front axle and the center of the rear axle of any group of axles within a space of 3' 5" to 18' 0". | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | L = | 0" [RIGHT ARROW] | 1" | 2" | 3" | 4" | 5" | 6" | 7" | 8" | 9" | 10" | 11" | | | A | 3' [DOWN ARROW] | 29,575 | 29,575 | 29,575 | 29,575 | 29,575 | 48,152 | 48,244 | 48,337 | 48,429 | 48,521 | 48,614 | 48,706 | | B | 33,250 | 33,250 | 33,250 | 33,250 | 33,250 | 54,135 | 54,239 | 54,343 | 54,447 | 54,551 | 54,655 | 54,759 | | | A | 4' | 48,799 | 48,891 | 48,984 | 49,076 | 49,168 | 49,261 | 49,353 | 49,446 | 49,538 | 49,631 | 49,723 | 49,815 | | B | 54,863 | 54,966 | 55,070 | 55,174 | 55,278 | 55,382 | 55,486 | 55,590 | 55,694 | 55,798 | 55,902 | 56,005 | | | A | 5' | 49,908 | 50,000 | 50,093 | 50,185 | 50,278 | 50,370 | 50,462 | 50,555 | 50,647 | 50,740 | 50,832 | 50,924 | | B | 56,109 | 56,213 | 56,317 | 56,421 | 56,525 | 56,629 | 56,733 | 56,837 | 56,941 | 57,045 | 57,148 | 57,252 | | | A | 6' | 51,017 | 51,109 | 51,202 | 51,294 | 51,387 | 51,479 | 51,571 | 51,664 | 51,756 | 51,849 | 51,941 | 52,034 | | B | 57,356 | 57,460 | 57,564 | 57,668 | 57,772 | 57,876 | 57,980 | 58,084 | 58,188 | 58,291 | 58,395 | 58,499 | | | A | 7' | 52,126 | 52,218 | 52,311 | 52,403 | 52,496 | 52,588 | 52,680 | 52,773 | 52,865 | 52,958 | 53,050 | 53,143 | | B | 58,603 | 58,707 | 58,811 | 58,915 | 59,019 | 59,123 | 59,227 | 59,330 | 59,434 | 59,538 | 59,642 | 59,746 | | | A | 8' | 53,235 | 53,327 | 53,420 | 53,512 | 53,605 | 53,697 | 53,790 | 53,882 | 53,974 | 54,067 | 54,159 | 54,252 | | B | 59,850 | 59,954 | 60,058 | 60,162 | 60,266 | 60,370 | 60,473 | 60,577 | 60,681 | 60,785 | 60,889 | 60,993 | | | A | 9' | 54,344 | 54,436 | 54,529 | 54,621 | 54,714 | 54,806 | 54,899 | 54,991 | 55,083 | 55,176 | 55,268 | 55,361 | | B | 61,097 | 61,201 | 61,305 | 61,409 | 61,513 | 61,616 | 61,720 | 61,824 | 61,928 | 62,032 | 62,136 | 62,240 | | | A | 10' | 55,453 | 55,546 | 55,638 | 55,730 | 55,823 | 55,915 | 56,008 | 56,100 | 56,193 | 56,285 | 56,377 | 56,470 | | B | 62,344 | 62,448 | 62,552 | 62,655 | 62,759 | 62,863 | 62,967 | 63,071 | 63,175 | 63,279 | 63,383 | 63,487 | | | A | 11' | 56,562 | 56,655 | 56,747 | 56,839 | 56,932 | 57,024 | 57,117 | 57,209 | 57,302 | 57,394 | 57,486 | 57,579 | | B | 63,591 | 63,695 | 63,798 | 63,902 | 64,006 | 64,110 | 64,214 | 64,318 | 64,422 | 64,526 | 64,630 | 64,734 | | | A | 12' | 57,671 | 57,764 | 57,856 | 57,949 | 58,041 | 58,133 | 58,226 | 58,318 | 58,411 | 58,503 | 58,595 | 58,688 | | B | 64,838 | 64,941 | 65,045 | 65,149 | 65,253 | 65,357 | 65,461 | 65,565 | 65,669 | 65,773 | 65,877 | 65,980 | | | A | 13' | 58,780 | 58,873 | 58,965 | 59,058 | 59,150 | 59,242 | 59,335 | 59,427 | 59,520 | 59,612 | 59,705 | 59,797 | | B | 66,084 | 66,188 | 66,292 | 66,396 | 66,500 | 66,604 | 66,708 | 66,812 | 66,916 | 67,020 | 67,123 | 67,227 | | | A | 14' | 59,889 | 59,982 | 60,074 | 60,167 | 60,259 | 60,351 | 60,444 | 60,536 | 60,629 | 60,721 | 60,814 | 60,906 | | B | 67,331 | 67,435 | 67,539 | 67,643 | 67,747 | 67,851 | 67,955 | 68,059 | 68,163 | 68,266 | 68,370 | 68,474 | | | A | 15' | 60,998 | 61,091 | 61,183 | 61,276 | 61,368 | 61,461 | 61,553 | 61,645 | 61,738 | 61,830 | 61,923 | 62,015 | | B | 68,578 | 68,682 | 68,786 | 68,890 | 68,994 | 69,098 | 69,202 | 69,305 | 69,409 | 69,513 | 69,617 | 69,721 | | | A | 16' | 62,108 | 62,200 | 62,292 | 62,385 | 62,477 | 62,570 | 62,662 | 62,754 | 62,847 | 62,939 | 63,032 | 63,124 | | B | 69,825 | 69,929 | 70,033 | 70,137 | 70,241 | 70,345 | 70,448 | 70,552 | 70,656 | 70,760 | 70,864 | 70,968 | | | A | 17' | 63,217 | 63,309 | 63,401 | 63,494 | 63,586 | 63,679 | 63,771 | 63,864 | 63,956 | 64,048 | 64,141 | 64,233 | | B | 71,072 | 71,176 | 71,280 | 71,384 | 71,488 | 71,591 | 71,695 | 71,799 | 71,903 | 72,007 | 72,111 | 72,215 | | | A | 18' | 64,326 | | | | | | | | | | | | | B | 72,319 | | | | | | | | | | | | |

Legend (Tire measurement excludes any load-induced tire bulge):

Line A: Four tires per axle or two 14-inch wide tires per axle. Value is the formula weight plus 5.625%.

Line B: Eight tires per axle or four 14-inch wide tires per axle. Value is the formula weight plus 18.75%.

History

• New Table made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code tit. 17, ch. 6, art. 4, tbl. 3.05 Maximum Permitted Weight Computations for Overweight Axle Groups - Axle Width 9 Feet 0 Inches

| Maximum allowable axle group weights determined by using the computation formula: Weight = 1.5 X 700 (L + 40), where: L = Distance between the center of the front axle and the center of the rear axle of any group of axles within a space of 3' 5" to 18' 0". | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | L = | 0" [RIGHT ARROW] | 1" | 2" | 3" | 4" | 5" | 6" | 7" | 8" | 9" | 10" | 11" | | | A | 3' [DOWN ARROW] | 30,100 | 30,100 | 30,100 | 30,100 | 30,100 | 49,007 | 49,101 | 49,195 | 49,289 | 49,383 | 49,477 | 49,571 | | B | 33,600 | 33,600 | 33,600 | 33,600 | 33,600 | 54,705 | 54,810 | 54,915 | 55,020 | 55,125 | 55,230 | 55,335 | | | A | 4' | 49,665 | 49,759 | 49,853 | 49,947 | 50,041 | 50,135 | 50,229 | 50,323 | 50,418 | 50,512 | 50,606 | 50,700 | | B | 55,440 | 55,545 | 55,650 | 55,755 | 55,860 | 55,965 | 56,070 | 56,175 | 56,280 | 56,385 | 56,490 | 56,595 | | | A | 5' | 50,794 | 50,888 | 50,982 | 51,076 | 51,170 | 51,264 | 51,358 | 51,452 | 51,546 | 51,640 | 51,734 | 51,828 | | B | 56,700 | 56,805 | 56,910 | 57,015 | 57,120 | 57,225 | 57,330 | 57,435 | 57,540 | 57,645 | 57,750 | 57,855 | | | A | 6' | 51,923 | 52,017 | 52,111 | 52,205 | 52,299 | 52,393 | 52,487 | 52,581 | 52,675 | 52,769 | 52,863 | 52,957 | | B | 57,960 | 58,065 | 58,170 | 58,275 | 58,380 | 58,485 | 58,590 | 58,695 | 58,800 | 58,905 | 59,010 | 59,115 | | | A | 7' | 53,051 | 53,145 | 53,239 | 53,333 | 53,428 | 53,522 | 53,616 | 53,710 | 53,804 | 53,898 | 53,992 | 54,086 | | B | 59,220 | 59,325 | 59,430 | 59,535 | 59,640 | 59,745 | 59,850 | 59,955 | 60,060 | 60,165 | 60,270 | 60,375 | | | A | 8' | 54,180 | 54,274 | 54,368 | 54,462 | 54,556 | 54,650 | 54,744 | 54,838 | 54,933 | 55,027 | 55,121 | 55,215 | | B | 60,480 | 60,585 | 60,690 | 60,795 | 60,900 | 61,005 | 61,110 | 61,215 | 61,320 | 61,425 | 61,530 | 61,635 | | | A | 9' | 55,309 | 55,403 | 55,497 | 55,591 | 55,685 | 55,779 | 55,873 | 55,967 | 56,061 | 56,155 | 56,249 | 56,343 | | B | 61,740 | 61,845 | 61,950 | 62,055 | 62,160 | 62,265 | 62,370 | 62,475 | 62,580 | 62,685 | 62,790 | 62,895 | | | A | 10' | 56,438 | 56,532 | 56,626 | 56,720 | 56,814 | 56,908 | 57,002 | 57,096 | 57,190 | 57,284 | 57,378 | 57,472 | | B | 63,000 | 63,105 | 63,210 | 63,315 | 63,420 | 63,525 | 63,630 | 63,735 | 63,840 | 63,945 | 64,050 | 64,155 | | | A | 11' | 57,566 | 57,660 | 57,754 | 57,848 | 57,943 | 58,037 | 58,131 | 58,225 | 58,319 | 58,413 | 58,507 | 58,601 | | B | 64,260 | 64,365 | 64,470 | 64,575 | 64,680 | 64,785 | 64,890 | 64,995 | 65,100 | 65,205 | 65,310 | 65,415 | | | A | 12' | 58,695 | 58,789 | 58,883 | 58,977 | 59,071 | 59,165 | 59,259 | 59,353 | 59,448 | 59,542 | 59,636 | 59,730 | | B | 65,520 | 65,625 | 65,730 | 65,835 | 65,940 | 66,045 | 66,150 | 66,255 | 66,360 | 66,465 | 66,570 | 66,675 | | | A | 13' | 59,824 | 59,918 | 60,012 | 60,106 | 60,200 | 60,294 | 60,388 | 60,482 | 60,576 | 60,670 | 60,764 | 60,858 | | B | 66,780 | 66,885 | 66,990 | 67,095 | 67,200 | 67,305 | 67,410 | 67,515 | 67,620 | 67,725 | 67,830 | 67,935 | | | A | 14' | 60,953 | 61,047 | 61,141 | 61,235 | 61,329 | 61,423 | 61,517 | 61,611 | 61,705 | 61,799 | 61,893 | 61,987 | | B | 68,040 | 68,145 | 68,250 | 68,355 | 68,460 | 68,565 | 68,670 | 68,775 | 68,880 | 68,985 | 69,090 | 69,195 | | | A | 15' | 62,081 | 62,175 | 62,269 | 62,363 | 62,458 | 62,552 | 62,646 | 62,740 | 62,834 | 62,928 | 63,022 | 63,116 | | B | 69,300 | 69,405 | 69,510 | 69,615 | 69,720 | 69,825 | 69,930 | 70,035 | 70,140 | 70,245 | 70,350 | 70,455 | | | A | 16' | 63,210 | 63,304 | 63,398 | 63,492 | 63,586 | 63,680 | 63,774 | 63,868 | 63,963 | 64,057 | 64,151 | 64,245 | | B | 70,560 | 70,665 | 70,770 | 70,875 | 70,980 | 71,085 | 71,190 | 71,295 | 71,400 | 71,505 | 71,610 | 71,715 | | | A | 17' | 64,339 | 64,433 | 64,527 | 64,621 | 64,715 | 64,809 | 64,903 | 64,997 | 65,091 | 65,185 | 65,279 | 65,373 | | B | 71,820 | 71,925 | 72,030 | 72,135 | 72,240 | 72,345 | 72,450 | 72,555 | 72,660 | 72,765 | 72,870 | 72,975 | | | A | 18' | 65,468 | | | | | | | | | | | | | B | 73,080 | | | | | | | | | | | | |

Legend (Tire measurement excludes any load-induced tire bulge):

Line A: Four tires per axle or two 14-inch wide tires per axle. Value is the formula weight plus 7.5%.

Line B: Eight tires per axle or four 14-inch wide tires per axle. Value is the formula weight plus 20%.

History

• New Table made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code tit. 17, ch. 6, art. 4, tbl. 3.06 Maximum Permitted Weight Computations for Overweight Axle Groups - Axle Width 9 Feet 3 Inches

| Maximum allowable axle group weights determined by using the computation formula: Weight = 1.5 X 700 (L + 40), where: L = Distance between the center of the front axle and the center of the rear axle of any group of axles within a space of 3' 5" to 18' 0". | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | L = | 0" [RIGHT ARROW] | 1" | 2" | 3" | 4" | 5" | 6" | 7" | 8" | 9" | 10" | 11" | | | A | 3' [DOWN ARROW] | 30,625 | 30,625 | 30,625 | 30,625 | 30,625 | 49,861 | 49,957 | 50,053 | 50,148 | 50,244 | 50,340 | 50,436 | | B | 33,950 | 33,950 | 33,950 | 33,950 | 33,950 | 55,275 | 55,381 | 55,487 | 55,593 | 55,699 | 55,805 | 55,911 | | | A | 4' | 50,531 | 50,627 | 50,723 | 50,818 | 50,914 | 51,010 | 51,105 | 51,201 | 51,297 | 51,393 | 51,488 | 51,584 | | B | 56,018 | 56,124 | 56,230 | 56,336 | 56,442 | 56,548 | 56,654 | 56,760 | 56,866 | 56,972 | 57,078 | 57,185 | | | A | 5' | 51,680 | 51,775 | 51,871 | 51,967 | 52,063 | 52,158 | 52,254 | 52,350 | 52,445 | 52,541 | 52,637 | 52,732 | | B | 57,291 | 57,397 | 57,503 | 57,609 | 57,715 | 57,821 | 57,927 | 58,033 | 58,139 | 58,245 | 58,352 | 58,458 | | | A | 6' | 52,828 | 52,924 | 53,020 | 53,115 | 53,211 | 53,307 | 53,402 | 53,498 | 53,594 | 53,689 | 53,785 | 53,881 | | B | 58,564 | 58,670 | 58,776 | 58,882 | 58,988 | 59,094 | 59,200 | 59,306 | 59,413 | 59,519 | 59,625 | 59,731 | | | A | 7' | 53,977 | 54,072 | 54,168 | 54,264 | 54,359 | 54,455 | 54,551 | 54,646 | 54,742 | 54,838 | 54,934 | 55,029 | | B | 59,837 | 59,943 | 60,049 | 60,155 | 60,261 | 60,367 | 60,473 | 60,580 | 60,686 | 60,792 | 60,898 | 61,004 | | | A | 8' | 55,125 | 55,221 | 55,316 | 55,412 | 55,508 | 55,604 | 55,699 | 55,795 | 55,891 | 55,986 | 56,082 | 56,178 | | B | 61,110 | 61,216 | 61,322 | 61,428 | 61,534 | 61,640 | 61,747 | 61,853 | 61,959 | 62,065 | 62,171 | 62,277 | | | A | 9' | 56,273 | 56,369 | 56,465 | 56,561 | 56,656 | 56,752 | 56,848 | 56,943 | 57,039 | 57,135 | 57,230 | 57,326 | | B | 62,383 | 62,489 | 62,595 | 62,701 | 62,808 | 62,914 | 63,020 | 63,126 | 63,232 | 63,338 | 63,444 | 63,550 | | | A | 10' | 57,422 | 57,518 | 57,613 | 57,709 | 57,805 | 57,900 | 57,996 | 58,092 | 58,188 | 58,283 | 58,379 | 58,475 | | B | 63,656 | 63,762 | 63,868 | 63,975 | 64,081 | 64,187 | 64,293 | 64,399 | 64,505 | 64,611 | 64,717 | 64,823 | | | A | 11' | 58,570 | 58,666 | 58,762 | 58,857 | 58,953 | 59,049 | 59,145 | 59,240 | 59,336 | 59,432 | 59,527 | 59,623 | | B | 64,929 | 65,035 | 65,142 | 65,248 | 65,354 | 65,460 | 65,566 | 65,672 | 65,778 | 65,884 | 65,990 | 66,096 | | | A | 12' | 59,719 | 59,814 | 59,910 | 60,006 | 60,102 | 60,197 | 60,293 | 60,389 | 60,484 | 60,580 | 60,676 | 60,771 | | B | 66,203 | 66,309 | 66,415 | 66,521 | 66,627 | 66,733 | 66,839 | 66,945 | 67,051 | 67,157 | 67,263 | 67,370 | | | A | 13' | 60,867 | 60,963 | 61,059 | 61,154 | 61,250 | 61,346 | 61,441 | 61,537 | 61,633 | 61,729 | 61,824 | 61,920 | | B | 67,476 | 67,582 | 67,688 | 67,794 | 67,900 | 68,006 | 68,112 | 68,218 | 68,324 | 68,430 | 68,537 | 68,643 | | | A | 14' | 62,016 | 62,111 | 62,207 | 62,303 | 62,398 | 62,494 | 62,590 | 62,686 | 62,781 | 62,877 | 62,973 | 63,068 | | B | 68,749 | 68,855 | 68,961 | 69,067 | 69,173 | 69,279 | 69,385 | 69,491 | 69,598 | 69,704 | 69,810 | 69,916 | | | A | 15' | 63,164 | 63,260 | 63,355 | 63,451 | 63,547 | 63,643 | 63,738 | 63,834 | 63,930 | 64,025 | 64,121 | 64,217 | | B | 70,022 | 70,128 | 70,234 | 70,340 | 70,446 | 70,552 | 70,658 | 70,765 | 70,871 | 70,977 | 71,083 | 71,189 | | | A | 16' | 64,313 | 64,408 | 64,504 | 64,600 | 64,695 | 64,791 | 64,887 | 64,982 | 65,078 | 65,174 | 65,270 | 65,365 | | B | 71,295 | 71,401 | 71,507 | 71,613 | 71,719 | 71,825 | 71,932 | 72,038 | 72,144 | 72,250 | 72,356 | 72,462 | | | A | 17' | 65,461 | 65,557 | 65,652 | 65,748 | 65,844 | 65,939 | 66,035 | 66,131 | 66,227 | 66,322 | 66,418 | 66,514 | | B | 72,568 | 72,674 | 72,780 | 72,886 | 72,993 | 73,099 | 73,205 | 73,311 | 73,417 | 73,523 | 73,629 | 73,735 | | | A | 18' | 66,609 | | | | | | | | | | | | | B | 73,841 | | | | | | | | | | | | |

Legend (Tire measurement excludes any load-induced tire bulge):

Line A: Four tires per axle or two 14-inch wide tires per axle. Value is the formula weight plus 9.375%.

Line B: Eight tires per axle or four 14-inch wide tires per axle. Value is the formula weight plus 21.25%.

History

• New Table made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code tit. 17, ch. 6, art. 4, tbl. 3.07 Maximum Permitted Weight Computations for Overweight Axle Groups - Axle Width 9 Feet 6 Inches

| Maximum allowable axle group weights determined by using the computation formula: Weight = 1.5 X 700 (L + 40), where: L = Distance between the center of the front axle and the center of the rear axle of any group of axles within a space of 3' 5" to 18' 0". | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | L = | 0" [RIGHT ARROW] | 1" | 2" | 3" | 4" | 5" | 6" | 7" | 8" | 9" | 10" | 11" | | | A | 3' [DOWN ARROW] | 31,150 | 31,150 | 31,150 | 31,150 | 31,150 | 50,716 | 50,813 | 50,911 | 51,008 | 51,105 | 51,203 | 51,300 | | B | 34,300 | 34,000 | 34,300 | 34,300 | 34,300 | 55,845 | 55,952 | 56,059 | 56,166 | 56,273 | 56,381 | 56,488 | | | A | 4' | 51,398 | 51,495 | 51,592 | 51,690 | 51,787 | 51,884 | 51,982 | 52,079 | 52,176 | 52,274 | 52,371 | 52,468 | | B | 56,595 | 56,702 | 56,809 | 56,917 | 57,024 | 57,131 | 57,238 | 57,345 | 57,453 | 57,560 | 57,667 | 57,774 | | | A | 5' | 52,566 | 52,663 | 52,760 | 52,858 | 52,955 | 53,052 | 53,150 | 53,247 | 53,344 | 53,442 | 53,539 | 53,636 | | B | 57,881 | 57,988 | 58,096 | 58,203 | 58,310 | 58,417 | 58,524 | 58,632 | 58,739 | 58,846 | 58,953 | 59,060 | | | A | 6' | 53,734 | 53,831 | 53,928 | 54,026 | 54,123 | 54,220 | 54,318 | 54,415 | 54,513 | 54,610 | 54,707 | 54,805 | | B | 59,168 | 59,275 | 59,382 | 59,489 | 59,596 | 59,703 | 59,811 | 59,918 | 60,025 | 60,132 | 60,239 | 60,347 | | | A | 7' | 54,902 | 54,999 | 55,097 | 55,194 | 55,291 | 55,389 | 55,486 | 55,583 | 55,681 | 55,778 | 55,875 | 55,973 | | B | 60,454 | 60,561 | 60,668 | 60,775 | 60,883 | 60,990 | 61,097 | 61,204 | 61,311 | 61,418 | 61,526 | 61,633 | | | A | 8' | 56,070 | 56,167 | 56,265 | 56,362 | 56,459 | 56,557 | 56,654 | 56,751 | 56,849 | 56,946 | 57,043 | 57,141 | | B | 61,740 | 61,847 | 61,954 | 62,062 | 62,169 | 62,276 | 62,383 | 62,490 | 62,598 | 62,705 | 62,812 | 62,919 | | | A | 9' | 57,238 | 57,335 | 57,433 | 57,530 | 57,628 | 57,725 | 57,822 | 57,920 | 58,017 | 58,114 | 58,212 | 58,309 | | B | 63,026 | 63,133 | 63,241 | 63,348 | 63,455 | 63,562 | 63,669 | 63,777 | 63,884 | 63,991 | 64,098 | 64,205 | | | A | 10' | 58,406 | 58,504 | 58,601 | 58,698 | 58,796 | 58,893 | 58,990 | 59,088 | 59,185 | 59,282 | 59,380 | 59,477 | | B | 64,313 | 64,420 | 64,527 | 64,634 | 64,741 | 64,848 | 64,956 | 65,063 | 65,170 | 65,277 | 65,384 | 65,492 | | | A | 11' | 59,574 | 59,672 | 59,769 | 59,866 | 59,964 | 60,061 | 60,158 | 60,256 | 60,353 | 60,450 | 60,548 | 60,645 | | B | 65,599 | 65,706 | 65,813 | 65,920 | 66,028 | 66,135 | 66,242 | 66,349 | 66,456 | 66,563 | 66,671 | 66,778 | | | A | 12' | 60,743 | 60,840 | 60,937 | 61,035 | 61,132 | 61,229 | 61,327 | 61,424 | 61,521 | 61,619 | 61,716 | 61,813 | | B | 66,885 | 66,992 | 67,099 | 67,207 | 67,314 | 67,421 | 67,528 | 67,635 | 67,743 | 67,850 | 67,957 | 68,064 | | | A | 13' | 61,911 | 62,008 | 62,105 | 62,203 | 62,300 | 62,397 | 62,495 | 62,592 | 62,689 | 62,787 | 62,884 | 62,981 | | B | 68,171 | 68,278 | 68,386 | 68,493 | 68,600 | 68,707 | 68,814 | 68,922 | 69,029 | 69,136 | 69,243 | 69,350 | | | A | 14' | 63,079 | 63,176 | 63,273 | 63,371 | 63,468 | 63,565 | 63,663 | 63,760 | 63,858 | 63,955 | 64,052 | 64,150 | | B | 69,458 | 69,565 | 69,672 | 69,779 | 69,886 | 69,993 | 70,101 | 70,208 | 70,315 | 70,422 | 70,529 | 70,637 | | | A | 15' | 64,247 | 64,344 | 64,442 | 64,539 | 64,636 | 64,734 | 64,831 | 64,928 | 65,026 | 65,123 | 65,220 | 65,318 | | B | 70,744 | 70,851 | 70,958 | 71,065 | 71,173 | 71,280 | 71,387 | 71,494 | 71,601 | 71,708 | 71,816 | 71,923 | | | A | 16' | 65,415 | 65,512 | 65,610 | 65,707 | 65,804 | 65,902 | 65,999 | 66,096 | 66,194 | 66,291 | 66,388 | 66,486 | | B | 72,030 | 72,137 | 72,244 | 72,352 | 72,459 | 72,566 | 72,673 | 72,780 | 72,888 | 72,995 | 73,102 | 73,209 | | | A | 17' | 66,583 | 66,680 | 66,778 | 66,875 | 66,973 | 67,070 | 67,167 | 67,265 | 67,362 | 67,459 | 67,557 | 67,654 | | B | 73,316 | 73,423 | 73,531 | 73,638 | 73,745 | 73,852 | 73,959 | 74,067 | 74,174 | 74,281 | 74,388 | 74,495 | | | A | 18' | 67,751 | | | | | | | | | | | | | B | 74,603 | | | | | | | | | | | | |

Legend (Tire measurement excludes any load-induced tire bulge):

Line A: Four tires per axle or two 14-inch wide tires per axle. Value is the formula weight plus 11.25%.

Line B: Eight tires per axle or four 14-inch wide tires per axle. Value is the formula weight plus 22.5%.

History

• New Table made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code tit. 17, ch. 6, art. 4, tbl. 3.08 Maximum Permitted Weight Computations for Overweight Axle Groups - Axle Width 9 Feet 9 Inches

| Maximum allowable axle group weights determined by using the computation formula: Weight = 1.5 X 700 (L + 40), where: L = Distance between the center of the front axle and the center of the rear axle of any group of axles within a space of 3' 5" to 18' 0". | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | L = | 0" [RIGHT ARROW] | 1" | 2" | 3" | 4" | 5" | 6" | 7" | 8" | 9" | 10" | 11" | | | A | 3' [DOWN ARROW] | 31,675 | 31,675 | 31,675 | 31,675 | 31,675 | 51,571 | 51,670 | 51,769 | 51,868 | 51,967 | 52,066 | 52,165 | | B | 34,650 | 34,650 | 34,650 | 34,650 | 34,650 | 56,415 | 56,523 | 56,631 | 56,739 | 56,848 | 56,956 | 57,064 | | | A | 4' | 52,264 | 52,363 | 52,462 | 52,561 | 52,660 | 52,759 | 52,858 | 52,957 | 53,056 | 53,155 | 53,254 | 53,353 | | B | 57,173 | 57,281 | 57,389 | 57,497 | 57,606 | 57,714 | 57,822 | 57,930 | 58,039 | 58,147 | 58,255 | 58,364 | | | A | 5' | 53,452 | 53,551 | 53,650 | 53,749 | 53,848 | 53,946 | 54,045 | 54,144 | 54,243 | 54,342 | 54,441 | 54,540 | | B | 58,472 | 58,580 | 58,688 | 58,797 | 58,905 | 59,013 | 59,122 | 59,230 | 59,338 | 59,446 | 59,555 | 59,663 | | | A | 6' | 54,639 | 54,738 | 54,837 | 54,936 | 55,035 | 55,134 | 55,233 | 55,332 | 55,431 | 55,530 | 55,629 | 55,728 | | B | 59,771 | 59,880 | 59,988 | 60,096 | 60,204 | 60,313 | 60,421 | 60,529 | 60,638 | 60,746 | 60,854 | 60,962 | | | A | 7' | 55,827 | 55,926 | 56,025 | 56,124 | 56,223 | 56,322 | 56,421 | 56,520 | 56,619 | 56,718 | 56,817 | 56,916 | | B | 61,071 | 61,179 | 61,287 | 61,395 | 61,504 | 61,612 | 61,720 | 61,829 | 61,937 | 62,045 | 62,153 | 62,262 | | | A | 8' | 57,015 | 57,114 | 57,213 | 57,312 | 57,411 | 57,510 | 57,609 | 57,708 | 57,807 | 57,906 | 58,005 | 58,104 | | B | 62,370 | 62,478 | 62,587 | 62,695 | 62,803 | 62,911 | 63,020 | 63,128 | 63,236 | 63,345 | 63,453 | 63,561 | | | A | 9' | 58,203 | 58,302 | 58,401 | 58,500 | 58,599 | 58,698 | 58,797 | 58,896 | 58,995 | 59,094 | 59,193 | 59,292 | | B | 63,669 | 63,778 | 63,886 | 63,994 | 64,103 | 64,211 | 64,319 | 64,427 | 64,536 | 64,644 | 64,752 | 64,860 | | | A | 10' | 59,391 | 59,490 | 59,589 | 59,688 | 59,787 | 59,886 | 59,985 | 60,084 | 60,183 | 60,281 | 60,380 | 60,479 | | B | 64,969 | 65,077 | 65,185 | 65,294 | 65,402 | 65,510 | 65,618 | 65,727 | 65,835 | 65,943 | 66,052 | 66,160 | | | A | 11' | 60,578 | 60,677 | 60,776 | 60,875 | 60,974 | 61,073 | 61,172 | 61,271 | 61,370 | 61,469 | 61,568 | 61,667 | | B | 66,268 | 66,376 | 66,485 | 66,593 | 66,701 | 66,810 | 66,918 | 67,026 | 67,134 | 67,243 | 67,351 | 67,459 | | | A | 12' | 61,766 | 61,865 | 61,964 | 62,063 | 62,162 | 62,261 | 62,360 | 62,459 | 62,558 | 62,657 | 62,756 | 62,855 | | B | 67,568 | 67,676 | 67,784 | 67,892 | 68,001 | 68,109 | 68,217 | 68,325 | 68,434 | 68,542 | 68,650 | 68,759 | | | A | 13' | 62,954 | 63,053 | 63,152 | 63,251 | 63,350 | 63,449 | 63,548 | 63,647 | 63,746 | 63,845 | 63,944 | 64,043 | | B | 68,867 | 68,975 | 69,083 | 69,192 | 69,300 | 69,408 | 69,517 | 69,625 | 69,733 | 69,841 | 69,950 | 70,058 | | | A | 14' | 64,142 | 64,241 | 64,340 | 64,439 | 64,538 | 64,637 | 64,736 | 64,835 | 64,934 | 65,033 | 65,132 | 65,231 | | B | 70,166 | 70,275 | 70,383 | 70,491 | 70,599 | 70,708 | 70,816 | 70,924 | 71,033 | 71,141 | 71,249 | 71,357 | | | A | 15' | 65,330 | 65,429 | 65,528 | 65,627 | 65,726 | 65,825 | 65,924 | 66,023 | 66,122 | 66,221 | 66,320 | 66,419 | | B | 71,466 | 71,574 | 71,682 | 71,790 | 71,899 | 72,007 | 72,115 | 72,224 | 72,332 | 72,440 | 72,548 | 72,657 | | | A | 16' | 66,518 | 66,616 | 66,715 | 66,814 | 66,913 | 67,012 | 67,111 | 67,210 | 67,309 | 67,408 | 67,507 | 67,606 | | B | 72,765 | 72,873 | 72,982 | 73,090 | 73,198 | 73,306 | 73,415 | 73,523 | 73,631 | 73,740 | 73,848 | 73,956 | | | A | 17' | 67,705 | 67,804 | 67,903 | 68,002 | 68,101 | 68,200 | 68,299 | 68,398 | 68,497 | 68,596 | 68,695 | 68,794 | | B | 74,064 | 74,173 | 74,281 | 74,389 | 74,498 | 74,606 | 74,714 | 74,822 | 74,931 | 75,039 | 75,147 | 75,255 | | | A | 18' | 68,893 | | | | | | | | | | | | | B | 75,364 | | | | | | | | | | | | |

Legend (Tire measurement excludes any load-induced tire bulge):

Line A: Four tires per axle or two 14-inch wide tires per axle. Value is the formula weight plus 13.125%.

Line B: Eight tires per axle or four 14-inch wide tires per axle. Value is the formula weight plus 23.75%.

History

• New Table made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code tit. 17, ch. 6, art. 4, tbl. 3.09 Maximum Permitted Weight Computations for Overweight Axle Groups - Axle Width 10 Feet 0 Inches

| Maximum allowable axle group weights determined by using the computation formula: Weight = 1.5 X 700 (L + 40), where: L = Distance between the center of the front axle and the center of the rear axle of any group of axles within a space of 3' 5" to 18' 0". | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | L = | 0" [RIGHT ARROW] | 1" | 2" | 3" | 4" | 5" | 6" | 7" | 8" | 9" | 10" | 11" | | | A | 3' [DOWN ARROW] | 32,200 | 32,200 | 32,200 | 32,200 | 32,200 | 52,426 | 52,526 | 52,627 | 52,728 | 52,828 | 52,929 | 53,029 | | B | 35,000 | 35,000 | 35,000 | 35,000 | 35,000 | 56,984 | 57,094 | 57,203 | 57,313 | 57,422 | 57,531 | 57,641 | | | A | 4' | 53,130 | 53,231 | 53,331 | 53,432 | 53,533 | 53,633 | 53,734 | 53,834 | 53,935 | 54,036 | 54,136 | 54,237 | | B | 57,750 | 57,859 | 57,969 | 58,078 | 58,188 | 58,297 | 58,406 | 58,516 | 58,625 | 58,734 | 58,844 | 58,953 | | | A | 5' | 54,338 | 54,438 | 54,539 | 54,639 | 54,740 | 54,841 | 54,941 | 55,042 | 55,143 | 55,243 | 55,344 | 55,444 | | B | 59,063 | 59,172 | 59,281 | 59,391 | 59,500 | 59,609 | 59,719 | 59,828 | 59,938 | 60,047 | 60,156 | 60,266 | | | A | 6' | 55,545 | 55,646 | 55,746 | 55,847 | 55,948 | 56,048 | 56,149 | 56,249 | 56,350 | 56,451 | 56,551 | 56,652 | | B | 60,375 | 60,484 | 60,594 | 60,703 | 60,813 | 60,922 | 61,031 | 61,141 | 61,250 | 61,359 | 61,469 | 61,578 | | | A | 7' | 56,753 | 56,853 | 56,954 | 57,054 | 57,155 | 57,256 | 57,356 | 57,457 | 57,558 | 57,658 | 57,759 | 57,859 | | B | 61,688 | 61,797 | 61,906 | 62,016 | 62,125 | 62,234 | 62,344 | 62,453 | 62,563 | 62,672 | 62,781 | 62,891 | | | A | 8' | 57,960 | 58,061 | 58,161 | 58,262 | 58,363 | 58,463 | 58,564 | 58,664 | 58,765 | 58,866 | 58,966 | 59,067 | | B | 63,000 | 63,109 | 63,219 | 63,328 | 63,438 | 63,547 | 63,656 | 63,766 | 63,875 | 63,984 | 64,094 | 64,203 | | | A | 9' | 59,168 | 59,268 | 59,369 | 59,469 | 59,570 | 59,671 | 59,771 | 59,872 | 59,973 | 60,073 | 60,174 | 60,274 | | B | 64,313 | 64,422 | 64,531 | 64,641 | 64,750 | 64,859 | 64,969 | 65,078 | 65,188 | 65,297 | 65,406 | 65,516 | | | A | 10' | 60,375 | 60,476 | 60,576 | 60,677 | 60,778 | 60,878 | 60,979 | 61,079 | 61,180 | 61,281 | 61,381 | 61,482 | | B | 65,625 | 65,734 | 65,844 | 65,953 | 66,063 | 66,172 | 66,281 | 66,391 | 66,500 | 66,609 | 66,719 | 66,828 | | | A | 11' | 61,583 | 61,683 | 61,784 | 61,884 | 61,985 | 62,086 | 62,186 | 62,287 | 62,388 | 62,488 | 62,589 | 62,689 | | B | 66,938 | 67,047 | 67,156 | 67,266 | 67,375 | 67,484 | 67,594 | 67,703 | 67,813 | 67,922 | 68,031 | 68,141 | | | A | 12' | 62,790 | 62,891 | 62,991 | 63,092 | 63,193 | 63,293 | 63,394 | 63,494 | 63,595 | 63,696 | 63,796 | 63,897 | | B | 68,250 | 68,359 | 68,469 | 68,578 | 68,688 | 68,797 | 68,906 | 69,016 | 69,125 | 69,234 | 69,344 | 69,453 | | | A | 13' | 63,998 | 64,098 | 64,199 | 64,299 | 64,400 | 64,501 | 64,601 | 64,702 | 64,803 | 64,903 | 65,004 | 65,104 | | B | 69,563 | 69,672 | 69,781 | 69,891 | 70,000 | 70,109 | 70,219 | 70,328 | 70,438 | 70,547 | 70,656 | 70,766 | | | A | 14' | 65,205 | 65,306 | 65,406 | 65,507 | 65,608 | 65,708 | 65,809 | 65,909 | 66,010 | 66,111 | 66,211 | 66,312 | | B | 70,875 | 70,984 | 71,094 | 71,203 | 71,313 | 71,422 | 71,531 | 71,641 | 71,750 | 71,859 | 71,969 | 72,078 | | | A | 15' | 66,413 | 66,513 | 66,614 | 66,714 | 66,815 | 66,916 | 67,016 | 67,117 | 67,218 | 67,318 | 67,419 | 67,519 | | B | 72,188 | 72,297 | 72,406 | 72,516 | 72,625 | 72,734 | 72,844 | 72,953 | 73,063 | 73,172 | 73,281 | 73,391 | | | A | 16' | 67,620 | 67,721 | 67,821 | 67,922 | 68,023 | 68,123 | 68,224 | 68,324 | 68,425 | 68,526 | 68,626 | 68,727 | | B | 73,500 | 73,609 | 73,719 | 73,828 | 73,938 | 74,047 | 74,156 | 74,266 | 74,375 | 74,484 | 74,594 | 74,703 | | | A | 17' | 68,828 | 68,928 | 69,029 | 69,129 | 69,230 | 69,331 | 69,431 | 69,532 | 69,633 | 69,733 | 69,834 | 69,934 | | B | 74,813 | 74,922 | 75,031 | 75,141 | 75,250 | 75,359 | 75,469 | 75,578 | 75,688 | 75,797 | 75,906 | 76,016 | | | A | 18' | 70,035 | | | | | | | | | | | | | B | 76,125 | | | | | | | | | | | | |

Legend (Tire measurement excludes any load-induced tire bulge):

Line A: Four tires per axle or two 14-inch wide tires per axle. Value is the formula weight plus 15%.

Line B: Eight tires per axle or four 14-inch wide tires per axle. Value is the formula weight plus 25%.

History

• New Table made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Chapter 3 DEPARTMENT OF TRANSPORTATION HIGHWAYS

Article 7 HIGHWAY BEAUTIFICATION

Ariz. Admin. Code tit. 17, ch. 3, art. 7, exh. 4 Expired

History

• Exhibit 4 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Ariz. Admin. Code tit. 17, ch. 3, art. 7, exh. 5 Expired

History

• Exhibit 5 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Ariz. Admin. Code tit. 17, ch. 3, art. 7, exh. 7 Expired

History

• Exhibit 7 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Ariz. Admin. Code tit. 17, ch. 3, art. 7, exh. 8 Expired

History

• Exhibit 8 expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective October 1, 2009 (Supp. 09-4).

Ariz. Admin. Code tit. 17, ch. 9 RECODIFED

History

• This Chapter was recodified to 13 A.A.C. 13 under A.R.S. § 41- 1011(C) at 20 A.A.R. 2083 (Supp. 14-3).

Chapter 1 DEPARTMENT OF TRANSPORTATION ADMINISTRATION

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code tit. 17, ch. 1, art. 1, tbl. A Recodified

History

• New Table recodified from 17 A.A.C. 4, Article 7 at 7 A.A.R. 919, effective January 24, 2001 (Supp. 01-1). Former Table A recodified to R17-1-102, Table A, at 7 A.A.R. 3476, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code tit. 17, ch. 1, art. 1, tbl. B Intermodal Transportation Division

| LICENSE | STATUTORY AUTHORITY | ADMINISTRATIVE COMPLETENESS REVIEW TIME-FRAME | SUBSTANTIVE REVIEW TIME- FRAME | OVERALL TIME-FRAME | | --- | --- | --- | --- | --- | | Outdoor advertising permit | A.R.S. §§ 28-7901 to 28-7909 | 30 days | 30 days | 60 days | | Encroachment permit | A.R.S. §§ 28-7053(A), 7053(D), 7045(2) | 30 days | 120 days | 150 days | | Junkyard screening license | A.R.S. §§ 28-7941 to 28-7943 | 30 days | 60 days | 90 days |

History

• New Table B made by final rulemaking at 7 A.A.R. 4347, effective September 9, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 923, effective February 11, 2002 (Supp. 02-1).

Chapter 3 DEPARTMENT OF TRANSPORTATION HIGHWAYS

Article 9 HIGHWAY TRAFFIC CONTROL DEVICES

Ariz. Admin. Code tit. 17, ch. 3, art. 9, Illustration C [REPEALED]

History

• New Illustration made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Illustration repealed by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2).

Chapter 1 DEPARTMENT OF TRANSPORTATION ADMINISTRATION

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R17-1-101 Recodified

History

• New Section recodified from R17-4-710 at 7 A.A.R. 919, effective January 24, 2001 (Supp. 01-1). Former Section R17-1-101 recodified to R17-1-102 at 7 A.A.R. 3476, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-1-102 Licensing Time-frames

A. Time-frames. The time-frames listed in Tables A and B apply to licenses issued by the Department.

1."Department" means the Arizona Department of Transportation.

2."License" has the meaning prescribed in A.R.S. § 41-1001(10).

3."Administrative completeness review time-frame" has the meaning prescribed in A.R.S. § 41-1072(1).

4."Overall time-frame" has the meaning prescribed in A.R.S. § 41-1072(2).

5."Substantive review time-frame" has the meaning prescribed in A.R.S. § 41-1072(3).

B. Administrative completeness review - notice of deficiency. Within the time-frame for the administrative completeness review listed in Tables A and B, the Department shall notify the applicant in writing that the application is complete or incomplete. If the application is incomplete, the Department shall issue a notice of deficiency to the applicant specifying the information required to make the application administratively complete.

1. The notice of deficiency shall list all missing information.

2. A notice of deficiency issued by the Department within the administrative completeness review time-frame suspends the administrative completeness review time-frame and the overall time-frame, from the date the Department issues the notice of deficiency until the date that the Department receives all missing information from the applicant.

C. Denial during administrative completeness review.

If the applicant does not withdraw the application and does not respond, within 60 days after the date on a notice of deficiency issued under subsection (B), to each item listed in the notice of deficiency, the Department shall treat the application as withdrawn. The Department shall not issue a written notice of denial.

2. The applicant may withdraw the application during the 60-day response period. If the applicant withdraws the application, the Department shall not issue a written notice of denial. If the applicant wishes to obtain a license after withdrawal of the application, an applicant shall submit a new application.

3. The Department may issue a written notice of denial to an applicant before finding administrative completeness if the information provided by the applicant demonstrates that the applicant is not eligible for a license under the relevant statute or rules.

4. The notice of denial shall provide a justification for the denial and an explanation of the applicant's right to a hearing or appeal.

D. Substantive review - additional information. Within the time-frame for the substantive review listed in Tables A and B, the Department may issue a comprehensive request for additional information, or by mutual agreement with the applicant, issue a supplemental request for additional information.

1. Any request for additional information shall list all items of information required.

2. Any request for additional information issued by the Department within the substantive review time-frame suspends the substantive review time-frame and overall time-frame, from the date the Department issues the request until the date that the Department receives all the required additional information from the applicant.

E. Denial during substantive review. The following provisions apply:

1. If the applicant does not withdraw the application and does not respond, within 60 days after the date on a request for additional information under subsection (D), to each item required by the request, the Department shall treat the application as withdrawn. The Department shall not issue a written notice of denial.

2. The applicant may withdraw the application during the 60-day response period. If the applicant withdraws the application, the Department shall not issue a written notice of denial. If the applicant wishes to obtain a license after withdrawal of an application, an applicant shall submit a new application.

3. The notice of denial shall provide a justification for the denial and an explanation of the applicant's right to a hearing or appeal.

F. Notification after substantive review. Upon completion of the substantive review, the Department shall notify the applicant in writing that the license is granted or denied within the overall time-frames listed in Tables A and B. The notice of denial shall provide a justification for the denial and an explanation of the applicant's right to a hearing or appeal.

G. Applicant response period. In computing the applicant's response periods prescribed in this Section, the last day of a response period is counted. If the last day is a Saturday, Sunday, or legal holiday, the applicant's response period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

H. Effective date. This Section applies to applications filed with the Department on or after the effective date of this Section.

History

• New Section R17-1-102 recodified from R17-1-101 by final rulemaking at 7 A.A.R. 3476, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4347, effective September 9, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 923, effective February 11, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-103 Petition for Department Rulemaking or Review

A. A person may petition the Department under A.R.S. § 41-1033(A) for a:

1. Rulemaking action relating to a Department rule, including making a new rule or amending or repealing an existing rule; or

2. Review of an existing Department practice or substantive policy statement alleged to constitute a rule.

B. To act under A.R.S. § 41-1033(A) and this Section, a person shall submit to the Department Director a written petition that includes the following information:

1. Name, address, telephone number, and facsimile number, if any, of the person submitting the petition;

2. If the person submitting the petition is a representative of another person, the name of each person represented;

3. If requesting a rulemaking action:

a. A statement of the rulemaking action sought, including the A.A.C. citation for each existing rule involved, and the specific language of each new rule or rule amendment; and

b. Reasons for the rulemaking action, including an explanation of why an existing rule is inadequate, unreasonable, unduly burdensome, or unlawful.

4. If requesting a review of an existing practice or substantive policy statement:

a. The subject matter of the existing practice or substantive policy statement, and

b. Reasons why the existing practice or substantive policy statement constitutes a rule.

5. The dated signature of the person submitting the petition.

C. A person may submit supporting information with a petition, including:

1. Statistical data; and

2. A list of other persons likely to be affected by the rulemaking action or the review, with an explanation of the likely effects.

D. The Department Director or the director's authorized representative shall send the person submitting a petition a written response within 60 calendar days of the date the Department receives the petition.

History

• New Section made by final rulemaking at 7 A.A.R. 5437, effective November 14, 2001 (Supp. 01-4).

Ariz. Admin. Code § R17-1-104 Rulemaking Oral Proceeding

A. Public request for an oral proceeding. A person may request an oral proceeding as prescribed under A.R.S. § 41-1023(C) by submitting the following information in writing to the agency official identified in a proposed rule's preamble:

Identify the specific proposed rule for oral proceeding by Section number and title heading; and

2. Provide the following requestor information:

a. Name;

b. Address;

c. Telephone number during regular state business hours as prescribed under A.R.S. § 38-401; and

d. Optional information, if applicable:

i. The requestor's occupational title; and

ii. The name of the entity the requestor represents.

B. Oral proceeding protocol.

1. The Department shall record an oral proceeding electronically or stenographically, and shall make any audio or video cassette, transcript, register, and written comment received part of the Department's rulemaking record as required under A.R.S. § 41-1029(B)(4) and (5).

2. The Department's presiding official shall use the following guidelines to conduct an oral proceeding:

a. Registration of attendees. Attendee registration is voluntary;

b. Registration of persons intending to speak. A person wishing to speak shall provide the person's name, representative capacity, if applicable, a brief statement of the person's position regarding the proposed rule, and approximate length of time the person wishes to speak;

c. Opening of the record. The Department's presiding official shall identify:

i. The rule to be considered;

ii. The location;

iii. The date;

iv. The time of day;

v. The purpose of the proceeding including applicable background information or Department representative's opening statement on the proposed rule; and

vi. Any applicable time limitation of the meeting location's use or electronic communication linkage.

d. A public oral comment period. Any person may speak at an oral proceeding. A person who speaks shall ensure that all comments address the rule being considered. The Department's presiding official may limit the time allotted to each speaker and preclude undue repetition;

e. A recess provision. If an oral proceeding must recess because of a time limitation indicated in subsection (B)(2)(c)(vi), the Department's presiding official shall ensure that the oral proceeding's continuation complies with the meeting notice provision prescribed under A.R.S. § 38-431.02(E);

f. Closing remarks. Before closing an oral proceeding record, the Department's presiding official shall announce:

i. The location and last day for submitting written comments about the rule; and

ii. Any known future rulemaking steps the Department intends to take regarding the rule after the rulemaking public record closes.

History

• New Section made by final rulemaking at 8 A.A.R. 4920, effective January 5, 2003 (Supp. 02-4).

Article 2 FEES

Ariz. Admin. Code § R17-1-201 Definitions

In addition to the definitions prescribed under A.R.S. § 44-6851, the following terms apply to this Article:

"Automated clearing house" has the same meaning as provided under A.A.C. R17-8-401.

"Electronic payment" means money which is exchanged electronically, including credit card payments, credit transfer, electronic checks, direct debit, and person-to-person payments.

"Stale-dated" means a check presented at the paying bank six months or more after the issue date of the check. A stale-dated check is not an invalid check, but the paying bank may deem the check an irregular bill of exchange and return it unpaid.

History

• New Section made by exempt rulemaking at 8 A.A.R. 2963, effective June 27, 2002 (Supp. 02-2). Amended by exempt rulemaking at 13 A.A.R. 3041, effective August 31, 2007 (Supp. 07-3). Amended by final rulemaking at 16 A.A.R. 1994, effective November 13, 2010 (Supp. 10-3). Amended by final expedited rulemaking at 24 A.A.R. 3495, effective 12/4/2018.

Ariz. Admin. Code § R17-1-202 [Repealed]

History

• New Section recodified from R17-4-702 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Section repealed; new Section made by exempt rulemaking at 8 A.A.R. 2963, effective June 27, 2002 (Supp. 02-2). Amended by exempt rulemaking at 10 A.A.R. 4845, effective November 18, 2004 (Supp. 04-4). Amended by exempt rulemaking at 11 A.A.R. 3124, effective July 20, 2005 (Supp. 05-3). Amended by exempt rulemaking at 13 A.A.R. 3041, effective August 31, 2007 (Supp. 07-3). Repealed by final expedited rulemaking at 24 A.A.R. 3495, effective 12/4/2018.

Ariz. Admin. Code § R17-1-203 Dishonored Payments; Fees and Charges; Penalties

A. In addition to the original payment amount, the maker or drawer of a check, draft, order, or electronic payment dishonored because of insufficient monies, payments stopped, or closed accounts shall pay to the Department:

1. A service fee of $25 as provided under A.R.S. §§ 28-372 and 44-6852,

2. Any actual charges assessed to the Department by a financial institution as a result of the dishonored instrument, and

3. Any collection costs due to the Department under A.R.S. § 28-372.

B. For a check, draft, or order dishonored:

1. Insufficient monies include:

a. A check written for less than the minimum amount due,

b. A check drawn against uncollected funds,

c. A check post-dated, or

d. A check stale-dated;

2. Payments stopped include an item marked refer to maker, and

3. Closed accounts include an item marked unable to locate account.

C. For an electronic payment dishonored:

1. Insufficient monies include:

a. A credit limit exceeded,

b. An e-check or other electronic payment failure, or

c. An inaccurate automated clearing house transaction,

2. Payments stopped include a credit card charge back, and

3. Closed accounts include an item marked unable to locate account.

D. Payments, fees, and charges due to the Department under subsection (A), shall be made by:

1. Cash, cashier's check, money order, or credit card for a dishonored check, draft, or order; or

2. Cash, cashier's check, or money order for a dishonored electronic payment.

E. Penalties.

1. A person who does not make payment under subsection (A) on or before the vehicle's registration expiration date is subject to a late title and registration penalty as prescribed under A.R.S. § 28-2162.

2. A person who does not make payment under subsection (A) within 45 days after the date of a written Department notice of a dishonored check, draft, order, or electronic payment is subject to the following actions on the person's license, permit, or registration that was insufficiently funded:

a. For a driver license or permit, as prescribed under A.R.S. § 28-3301(A);

b. For a nonoperating identification license, as prescribed under A.R.S. § 28-3301(F); or

c. For a vehicle registration, as prescribed under A.R.S. § 28-2161(A)(2).

History

• New Section recodified from R17-4-707 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 9 A.A.R. 3822, effective October 4, 2003 (Supp. 03-3). Section repealed; new Section made by final rulemaking at 16 A.A.R. 1994, effective November 13, 2010 (Supp. 10-3).

Ariz. Admin. Code § R17-1-204 MVD Postage Fund; Registration by Mail Charges

A. For purposes of A.R.S. § 28-2151, the Division establishes a registration by mail postage fund.

B. The Division shall charge a registration by mail applicant current applicable U.S. Postal Service postage rates for mailing:

1. A registration by mail renewal notice,

2. A license plate, or

3. A registration tab.

History

• New Section recodified from R17-4-703 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-1-205 Abandoned Vehicle Fees

A. The Department establishes the following fees under A.R.S. § 28-4802 for the transfer of ownership or disposal of an abandoned vehicle:

1. The fee is $500 if the vehicle was abandoned as described under A.R.S. § 28-4802(A), and

2. The fee is $600 if the vehicle was abandoned as described under A.R.S. § 28-4802(B).

B. The Department establishes the following fees under A.R.S. § 28-4802 for processing an abandoned vehicle report:

1. The fee is $8 if the report is submitted electronically, via the Department's authorized third-party electronic service provider; and

2. The fee is $10 if the report is submitted for processing by any other means.

C. The fee for processing the abandoned vehicle report is non-refundable unless provided for under A.R.S. § 28-373.

History

• New Section made by exempt rulemaking at 9 A.A.R. 3746, effective September 30, 2003 (Supp. 03-3). Amended by exempt rulemaking at 17 A.A.R. 297, effective March 1, 2011 (Supp. 11-1).

Ariz. Admin. Code § R17-1-206 Expired

History

• New Section made by exempt rulemaking at 14 A.A.R. 4046, effective October 24, 2008 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 1232, effective February 28, 2014 (Supp. 18-4).

Article 3 TAXES

Ariz. Admin. Code § R17-1-301 Renumbered

History

• Renumbered from R17-4-301 (Supp. 92-4).

Ariz. Admin. Code § R17-1-302 [REPEALED]

History

• Adopted effective August 1, 1988 (Supp. 88-3). Renumbered from R17-4-302 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-303 Renumbered

History

• Renumbered from R17-4-303 (Supp. 92-4).

Ariz. Admin. Code § R17-1-304 Renumbered

History

• Renumbered from R17-4-304 (Supp. 92-4).

Ariz. Admin. Code § R17-1-305 Renumbered

History

• Renumbered from R17-4-305 (Supp. 92-4).

Ariz. Admin. Code § R17-1-306 Expired

History

• Former Rule, General Order 14. Former Section R17-4-05 renumbered without change as Section R17-4-306 (Supp. 87-2). Renumbered from R17-4-306 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 1232, effective February 28, 2014 (Supp. 18-4).

Ariz. Admin. Code § R17-1-307 [REPEALED]

History

• Former Rule, General Order 5. Former Section R17-4-03 renumbered without change as Section R17-4-307 (Supp. 87-2). Renumbered from R17-4-307 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-308 [REPEALED]

History

• Former Rule, General Order 20. Former Section R17-4-06 renumbered without change as Section R17-4-308 (Supp. 87-2). Renumbered from R17-4-308 (Supp. 92-4). Section repealed by final rulemaking at 14 A.A.R. 316, effective March 8, 2008 (Supp. 08-1).

Ariz. Admin. Code § R17-1-309 Expired

History

• Former Rule, General Order 31. Former Section R17-4-11 renumbered without change as Section R17-4-309 (Supp. 87-2). Renumbered from R17-4-309 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 1232, effective February 28, 2014 (Supp. 18-4).

Ariz. Admin. Code § R17-1-310 [REPEALED]

History

• Former Rule, General Order 25. Former Section R17-4-09 renumbered without change as Section R17-4-310 (Supp. 87-2). Renumbered from R17-4-310 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-311 [REPEALED]

History

• Former Rule, General Order 24. Former Section R17-4-08 renumbered without change as Section R17-4-311 (Supp. 87-2). Renumbered from R17-4-311 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-312 [REPEALED]

History

• Former Rule, General Order 39. Former Section R17-4-13 renumbered without change as Section R17-4-312 (Supp. 87-2). Renumbered from R17-4-312 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-313 [REPEALED]

History

• Former Rule, General Order 27. Former Section R17-4-10 renumbered without change as Section R17-4-313 (Supp. 87-2). Renumbered from R17-4-313 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-314 [REPEALED]

History

• Former Rule, General Order 69. Former Section R17-4-27 renumbered without change as Section R17-4-314 (Supp. 87-2). Renumbered from R17-4-314 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-315 [REPEALED]

History

• Former Rule, General Order 61. Former Section R17-4-23 renumbered without change as Section R17-4-315 (Supp. 87-2). Renumbered from R17-4-315 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-316 Expired

History

• Former Rule, General Order 57. Former Section R17-4-20 renumbered without change as Section R17-4-316 (Supp. 87-2). Renumbered from R17-4-316 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 1232, effective February 28, 2014 (Supp. 18-4).

Ariz. Admin. Code § R17-1-317 Expired

History

• Former Rule, General Order 36. Former Section R17-4-12 renumbered without change as Section R17-4-317 (Supp. 87-2). Renumbered from R17-4-317 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 1232, effective February 28, 2014 (Supp. 18-4).

Ariz. Admin. Code § R17-1-318 [REPEALED]

History

• Former Rule, General Order 7. Former Section R17-4-04 renumbered without change as Section R17-4-318 (Supp. 87-2). Renumbered from R17-4-318 (Supp. 92-4). Section repealed by final rulemaking at 14 A.A.R. 316, effective March 8, 2008 (Supp. 08-1).

Ariz. Admin. Code § R17-1-319 [REPEALED]

History

• Former Rule, General Order 44. Former Section R17-4-14 renumbered without change as Section R17-4-319 (Supp. 87-2). Renumbered from R17-4-319 (Supp. 92-4). Section repealed by final rulemaking at 14 A.A.R. 316, effective March 8, 2008 (Supp. 08-1).

Ariz. Admin. Code § R17-1-320 [REPEALED]

History

• Former Rule, General Order 54 (Amended). Former Section R17-4-18 renumbered without change as Section R17-4-320 (Supp. 87-2). Renumbered from R17-4-320 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-321 [REPEALED]

History

• Former Rule, General Order 21. Former Section R17-4-07 renumbered without change as Section R17-4-321 (Supp. 87-2). Renumbered from R17-4-321 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-322 [REPEALED]

History

• Former Rule, General Order 3. Former Section R17-4-02 renumbered without change as Section R17-4-322 (Supp. 87-2). Renumbered from R17-4-322 (Supp. 92-4). Section repealed by final rulemaking at 14 A.A.R. 316, effective March 8, 2008 (Supp. 08-1).

Ariz. Admin. Code § R17-1-323 [REPEALED]

History

• Former Rule, General Order 2A. Former Section R17-4-01 renumbered without change as Section R17-4-323 (Supp. 87-2). Renumbered from R17-4-323 (Supp. 92-4). Section repealed by final rulemaking at 14 A.A.R. 316, effective March 8, 2008 (Supp. 08-1).

Ariz. Admin. Code § R17-1-324 Renumbered

History

• Renumbered from R17-4-324 (Supp. 92-4).

Ariz. Admin. Code § R17-1-325 Renumbered

History

• Renumbered from R17-4-325 (Supp. 92-4).

Ariz. Admin. Code § R17-1-326 Renumbered

History

• Renumbered from R17-4-326 (Supp. 92-4).

Ariz. Admin. Code § R17-1-327 Renumbered

History

• Renumbered from R17-4-327 (Supp. 92-4).

Ariz. Admin. Code § R17-1-328 Renumbered

History

• Renumbered from R17-4-328 (Supp. 92-4).

Ariz. Admin. Code § R17-1-329 Renumbered

History

• Renumbered from R17-4-329 (Supp. 92-4).

Ariz. Admin. Code § R17-1-330 Expired

History

• Adopted effective March 1, 1984 (Supp. 84-1). Former Section R17-4-67 renumbered without change as Section R17-4-330 (Supp. 87-2). Renumbered from R17-4-330 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 1232, effective February 28, 2014 (Supp. 18-4).

Ariz. Admin. Code § R17-1-331 [REPEALED]

History

• Adopted effective March 1, 1984 (Supp. 84-1). Former Section R17-4-68 renumbered without change as Section R17-4-331 (Supp. 87-2). Renumbered from R17-4-331 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-332 [REPEALED]

History

• Adopted effective March 1, 1984 (Supp. 84-1). Former Section R17-4-69 renumbered without change as Section R17-4-332 (Supp. 87-2). Renumbered from R17-4-332 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-333 [REPEALED]

History

• Adopted effective March 1, 1984 (Supp. 84-1). Former Section R17-4-71 renumbered without change as Section R17-4-333 (Supp. 87-2). Amended effective December 30, 1987 (Supp. 87-4). Renumbered from R17-4-333 (Supp. 92-4). Section repealed by final rulemaking at 14 A.A.R. 316, effective March 8, 2008 (Supp. 08-1).

Ariz. Admin. Code § R17-1-334 [REPEALED]

History

• Adopted effective March 1, 1984 (Supp. 84-1). Former Section R17-4-70 renumbered without change as Section R17-4-334 (Supp. 87-2). Renumbered from R17-4-334 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-335 [REPEALED]

History

• Adopted as an emergency effective July 1, 1982, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 82-3). Former Section R17-4-401 adopted as an emergency now adopted and amended as a permanent rule effective October 6, 1982 (Supp. 82-5). Amended effective November 13, 1986 (Supp. 86-6). Former Section R17-4-401 renumbered without change as Section R17-4-335 (Supp. 87-2). Renumbered from R17-4-335 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-336 [REPEALED]

History

• Adopted as an emergency effective July 1, 1982, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 82-3). Former Section R17-4-402 adopted as an emergency now adopted and amended as a permanent rule effective October 6, 1982 (Supp. 82-5). Amended effective November 13, 1986 (Supp. 86-6). Former Section R17-4-402 renumbered without change as Section R17-4-336 (Supp. 87-2). Renumbered from R17-4-336 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-337 [REPEALED]

History

• Adopted as an emergency effective July 1, 1982, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 82-3). Former Section R17-4-403 adopted as an emergency now adopted and amended as a permanent rule effective October 6, 1982 (Supp. 82-5). Amended effective November 13, 1986 (Supp. 86-6). Former Section R17-4-403 renumbered without change as Section R17-4-337 (Supp. 87-2). Renumbered from R17-4-337 (Supp. 92-4). Section repealed by final rulemaking at 8 A.A.R. 563, effective January 15, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-1-338 Renumbered

History

• Renumbered from R17-4-338 (Supp. 92-4).

Ariz. Admin. Code § R17-1-339 Renumbered

History

• Renumbered from R17-4-339 (Supp. 92-4).

Ariz. Admin. Code § R17-1-340 Renumbered

History

• Renumbered from R17-4-340 (Supp. 92-4).

Ariz. Admin. Code § R17-1-341 Renumbered

History

• Renumbered from R17-4-341 (Supp. 92-4).

Ariz. Admin. Code § R17-1-342 Renumbered

History

• Renumbered from R17-4-342 (Supp. 92-4).

Ariz. Admin. Code § R17-1-343 Renumbered

History

• Renumbered from R17-4-343 (Supp. 92-4).

Ariz. Admin. Code § R17-1-344 Renumbered

History

• Renumbered from R17-4-344 (Supp. 92-4).

Ariz. Admin. Code § R17-1-345 Renumbered

History

• Renumbered from R17-4-345 (Supp. 92-4).

Ariz. Admin. Code § R17-1-346 Procedure to estimate use fuel consumption

Definitions:

"Assistant Director" means the Assistant Director of the Department of Transportation for the Motor Vehicle Division.

2."County highway mile" means one mile of highway maintained by a county for which the county does not receive full reimbursement for such maintenance from any other entity.

3."Population" means the population as determined pursuant to the provisions of A.R.S. § 28-1598.

History

• Adopted effective October 8, 1987 (Supp. 87-4). Renumbered from R17-4-346 (Supp. 92-4).

Ariz. Admin. Code § R17-1-347 Procedure to estimate percentage of consumption of use fuel in each county

A. The Motor Vehicle Division shall calculate the estimated percentage of use fuel consumed in a particular county for a particular month as compared to the total amount of use fuel consumed in the entire state during the same month in accordance with the following formula:

Click here to view Image

1."X" is the percentage for a particular county of the total amount of use fuel consumed in the entire state for a month.

2."A" is the number of county highway miles in the county divided by the total number of county highway miles in all counties within the state.

3."B" is the total unincorporated county population in the county divided by the total unincorporated county population in all counties within the state.

4."C" is the percent of use fuel consumed in the county that was used to distribute highway user revenue funds in June 1985.

B. If the formula described in subsection (A) results in a particular county having less than 1% of the use fuel consumed in the state, that county's share shall be raised to 1% and the resulting deficiency shall be prorated among the remaining counties in the same percentage as the amount of use fuel consumed.

History

• Adopted effective October 8, 1987 (Supp. 87-4). Renumbered from R17-4-347 (Supp. 92-4).

Ariz. Admin. Code § R17-1-348 Requirements to provide data pertaining to county highway miles

A. Each year prior to April 1, the county engineer for each county in the state shall certify under oath and deliver to the Motor Vehicle Division a report containing the number of county highway miles located in his county as of the preceding December 31. The report shall contain the designation of each highway included in the number of county highway miles, the location of its termini, and the length of the highway measured on its centerline to the nearest one tenth of a mile.

B. The Assistant Director shall give notice in writing to any county engineer who fails to deliver the report by March 31. The notice shall state that the report has not been received and demand that it be delivered to the Motor Vehicle Division within ten days of the mailing of the notice.

C. If a county engineer fails to deliver the report required by subsection (A) after being given the ten-day notice provided in subsection (B), the Assistant Director shall continue to perform the calculations required by A.R.S. § 28-1598 using the county road miles reported by the delinquent county for the prior year. However, commencing with distributions made in the month following the expiration of the ten-day notice, the funds due the delinquent county pursuant to the provisions of A.R.S. § 28-1598 shall not be distributed to the delinquent county until the County Engineer has provided the report to the Motor Vehicle Division required by subsection (A).

D. The report required by subsection (A) shall be available for inspection by all of the counties. A county may challenge the report made by any other county by filing a challenge in writing with the Assistant Director not later than April 30 of each year. In the case of reports received after April 1 of each year, the challenge must be received by the Assistant Director not later than 30 days after receipt of the report by the Assistant Director. The challenge shall specify the highways and the number of disputed miles being contested.

E. If the Assistant Director receives a challenge to a report, the Assistant Director of the Department of Transportation for Transportation Planning Division shall hold a hearing within 60 days upon receipt to resolve the challenge. The burden of proof at the hearing shall be on the county bringing the challenge. The decision of the Assistant Director of the Department of Transportation for Transportation Planning Division concerning the outcome of the challenge shall be final.

History

• Adopted effective October 8, 1987 (Supp. 87-4). Renumbered from R17-4-348 (Supp. 92-4).

Ariz. Admin. Code § R17-1-349 Period of applicability

The estimated percentage of use fuel consumed in each county that is calculated annually pursuant to the provisions of this Article shall be used to calculate the distribution pursuant to A.R.S. § 28-1598 commencing with distributions made after June 30 of that year and shall continue to be used until the next succeeding June 30 or until a new estimated percentage of use fuel consumed in each county is calculated in accordance with the provisions of this Article, whichever is later.

History

• Adopted effective October 8, 1987 (Supp. 87-4). Renumbered from R17-4-349 (Supp. 92-4).

Article 4 STATE FLEET OPERATIONS

Ariz. Admin. Code § R17-1-401 Definitions

In addition to the definitions provided under A.R.S. § 28-471, the following terms apply to this Article:

"Accident reporting packet" means the automobile loss report form and witness information cards which are located in the glove compartment of each state vehicle.

"ADOT" means the Arizona Department of Transportation.

"ADOT Equipment Services" means the section of ADOT designated by the Director as responsible for facilitating all activities required for the administration and management of vehicles owned, leased, or rented by this state and maintained by the Department as part of the statewide motor vehicle fleet management program, subject to any specific exclusions as prescribed under A.R.S. § 28-472.

"ADOT fueling facility" means a location managed by the Arizona Department of Transportation for use in dispensing fuel to state vehicles.

"Director" means the Director of the Arizona Department of Transportation or the Director's designee.

"Domicile-to-duty" means the assignment of a state vehicle to an individual operator on a continuous 24-hour basis where use of the state vehicle is authorized for travel between the operator's residence and worksite as prescribed under A.R.S. § 38-538.02.

"ESEDRA" means the Arizona State Employee Driver Record Application, which is a web-based application developed by State Risk Management and the Arizona Department of Administration to allow state agency authorized administrators to access and review motor vehicle record information for state employees authorized to drive a vehicle on state business as prescribed under A.A.C. R2-10-207.

"GPS" or "GPS fleet management device" means an electronic system installed by the Department on each state vehicle that captures and reports certain vehicle usage information to the Department as needed to ensure successful fleet asset management.

"Operator" means any state employee, intern, vendor, contractor, consultant, volunteer, customer, or visitor of a state agency who is expressly authorized by an agency director and State Risk Management to drive, operate, or otherwise utilize state vehicles, equipment, or services administered through ADOT Equipment Services.

"SAAM" means the State of Arizona Accounting Manual published by the Arizona Department of Administration, General Accounting Office, at https://gao.az.gov/, which contains several directives commonly referred to as the State Travel Policy to be used by both state employees and non-state employees seeking information on subjects involving state business travel eligibility and authorization.

"State vehicle" means a vehicle owned, leased, or rented by the state of Arizona and that is included in the state's motor vehicle fleet management program administered by ADOT as prescribed under A.R.S. § 28-332, A.R.S. § 28-472, or any other authorizing statute.

"Travel status" means when an operator is more than 50 miles from both the operator's residence and a regular duty post.

"Using agency" means any agency participating in the state's motor vehicle fleet management program administered by ADOT as prescribed under A.R.S. § 28-332, A.R.S. § 28-472, or any other authorizing statute, which is assigned a state vehicle or is otherwise authorized to use fleet operation services provided by ADOT under this Article.

"Using agency director" means any person designated by the using agency as having executive level approval authority.

History

• New Section made by final rulemaking at 8 A.A.R. 3236, effective July 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 15 A.A.R. 182, effective March 7, 2009 (Supp. 09-1). New section made by exempt rulemaking at 28 A.A.R. 3366, effective 9/29/2022.

Ariz. Admin. Code § R17-1-402 Requesting an Additional State Vehicle; Replacing a State Vehicle

A. Requesting an additional state vehicle.

1. Any agency requesting an additional state vehicle shall contact ADOT Equipment Services and complete a vehicle request form as indicated by ADOT on its website at www.azdot.gov.

2. All state vehicle requests are subject to prior review and approval by ADOT Equipment Services.

B. Replacing a state vehicle.

1. ADOT Equipment Services shall coordinate the budget process for fleet vehicle replacement.

2. ADOT Equipment Services shall track fleet data to include mileage, life cycles, utilization, maintenance costs, and other fleet related information to develop a fleet replacement list that prioritizes vehicle replacement needs for submission to the Governor's Office of Strategic Planning and Budgeting.

3. An agency subject to state vehicle fleet operations shall meet with ADOT fleet representatives each year to review the condition and utilization of agency vehicles.

4. An agency subject to state vehicle fleet operations shall not submit a budget request for replacement of any existing state fleet vehicle as prescribed under A.R.S. § 28-472.

History

• New Section made by final rulemaking at 8 A.A.R. 3236, effective July 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 15 A.A.R. 182, effective March 7, 2009 (Supp. 09-1). New section made by exempt rulemaking at 28 A.A.R. 3366, effective 9/29/2022.

Ariz. Admin. Code § R17-1-403 State Vehicle Usage; Operator Responsibilities

A. A state employee shall follow the recommendations for state vehicle usage as provided under Topic 50, Section 15, of the State of Arizona Accounting Manual (SAAM 5015) for the use of individually operated motor vehicles. Use of a state vehicle is always preferable to the use of a personally-owned or in-state commercially-rented vehicle, in most circumstances, and all travel for the state shall be conducted as reasonably and as economically as possible.

1. A state employee who uses a state vehicle, or a vehicle not owned by the state, to conduct state business shall operate that vehicle in accordance with all applicable state laws, rules, and policies.

2. Before commencing travel in a vehicle not owned by the state, a state employee shall check to see if a state vehicle is available for use, and if available, use the state vehicle.

3. Before commencing travel in a vehicle not owned by the state, a state employee shall:

a. Estimate the total cost of their private vehicle travel expenses, including the total round-trip miles; and

b. Submit the estimate to the employee's supervisor for approval.

4. Reimbursing a state employee for using a privately-owned vehicle, when a state vehicle is not available within the agency or group, shall be conducted as provided under SAAM 5015.

B. An operator, while on duty or on-call for duty, shall use a state vehicle for state government activities only as prescribed under A.R.S. § 38-538.02.

1. A state vehicle shall be operated only by a state employee. Any exception shall be authorized by the using agency's director or the using agency director's designee.

2. An operator may use a state vehicle only in the performance of state business. Use of a state vehicle for private transportation is a Class 2 misdemeanor and is prohibited as prescribed under A.R.S. § 38-538.04.

3. An operator may take a state vehicle home, while in travel status, when it is more practical to do so and it is in the best interest of the agency. An operator shall obtain prior supervisory approval before taking a state vehicle home.

C. Any state employee holding a valid Arizona driver license may be a state vehicle operator if authorized by the employee's agency.

D. An operator shall possess all licenses and certifications required for the operation of the class of vehicle assigned.

E. Domicile-to-duty assignment.

1. A using agency shall first seek and obtain permission from ADOT Equipment Services before allowing a state vehicle to be dispatched from an operator's home on a continual basis. The using agency may request this type of vehicle assignment by completing a domicile-to-duty request form located on the ADOT website under Equipment Services.

2. A complete domicile-to-duty request form submitted to ADOT Equipment Services shall include:

a. Clear justification outlining why it is in the best interest of the state for the operator to take the state vehicle home each night; and

b. Acknowledgement of the using agency director's approval.

3. Having an operator working from home is not an automatically justifiable reason for approving a request.

4. ADOT Equipment Services shall review and either approve or deny each domicile-to-duty request within 10 business days of receiving the request from a using agency.

5. A domicile-to-duty request approved by ADOT Equipment Services shall be:

a. Vehicle and operator specific;

b. Authorized for a period of up to one year; and

c. Renewable on expiration.

6. All using agencies with active domicile-to-duty assignments shall resubmit justifications for renewal to ADOT Equipment Services on an annual basis.

7. ADOT Equipment Services shall review and keep all approved domicile-to-duty requests on file for one year from the time the request is approved.

8. ADOT Equipment Services shall up-fit all domicile-to-duty program vehicles with a GPS fleet management device as part of the state's motor vehicle fleet management program.

F. State vehicle assignment, reassignment, and records.

1. ADOT Equipment Services reserves the right to assign and reassign any state vehicle where needed as determined by the Department.

2. ADOT Equipment Services shall maintain and continuously review all state vehicle assignment records to ensure efficient and effective operation of the state vehicle fleet, which shall include a review of all state vehicles that do not meet the minimum utilization standard of 8,000 miles per rolling 12-month period or 10 trips per week. ADOT Equipment Services may reassign any state vehicle that does not meet the minimum utilization standard.

3. All using agencies shall report to ADOT Equipment Services within three business days of making a change to the address or zip code of any assigned state vehicle to ensure appropriate alignment with state and federal air quality mandates.

G. Prohibited uses of a state vehicle include:

1. Transportation for personal business or convenience; and

Transportation of family members, friends, or any other person not essential to accomplishing the purpose for which the vehicle is dispatched.

H. Allowable uses of a state vehicle include:

1. An operator may permit a non-state employee to ride as a passenger only if the passenger is on official state related business, which may include a person who is:

a. Directly involved in a program sponsored or administered by the agency;

b. A federal administration employee working in collaboration with the operator;

c. A city or county employee; or

d. Temporarily in need of assistance due to a roadside emergency or similar situation.

2. An operator may use a state vehicle for transportation to a job interview with any state agency if approved in advance by the operator's supervisor or as otherwise outlined in the operator's agency employee handbook.

I. Fueling facilities.

1. An operator shall use an ADOT fueling facility when available within five miles of the state vehicle's location. If an ADOT fueling facility is not available, the operator shall use a fueling facility that accepts the state-issued fuel card. Each operator shall verify fueling availability and hours of operation prior to commencing travel.

2. An operator assigned an alternative fuel vehicle shall use alternative fuel when available.

3. An operator shall only use regular unleaded gasoline. Dispensing a medium or premium grade of fuel into a state vehicle is prohibited.

J. Repairs.

1. An operator shall drive a state vehicle safely and obey all state traffic laws to help protect the vehicle's mechanical condition.

a. Any defect or malfunction shall be immediately reported to the nearest ADOT Equipment Services shop location; and

b. Any tampering or obvious vehicle abuse by an operator may result in disciplinary action and a direct billing to the operator's agency for reimbursement of damages.

2. An operator shall obtain authorization from ADOT Equipment Services before using a commercial repair shop for servicing or repairing any state vehicle.

K. Care of vehicles.

1. ADOT Equipment Services shall ensure that a state vehicle:

a. Bears a current state license plate as prescribed under A.R.S. § 28-2511;

b. Bears an appropriate designation as prescribed under A.R.S. § 38-538, § 38-538.01, or § 38-538.03;

c. Is registered with the Arizona Department of Transportation, Motor Vehicle Division, as prescribed under A.R.S. § 282511; and

d. Complies with state emissions laws as prescribed under A.R.S. §§ 49-542 and 49-557.

2. An operator shall ensure that:

a. A state vehicle is kept clean and free of litter;

b. Any visual defect or known malfunction is promptly reported to ADOT Equipment Services. If ADOT Equipment Services determines that an operator was negligent and failed to safeguard the state vehicle, the cost of any resulting damage shall be billed directly to the using agency;

c. The vehicle maintenance schedule managed by ADOT Equipment Services is followed at all times. An operator is subject to disciplinary action for damaging state resources when a state vehicle is not turned in on time for scheduled services; and

d. Smoking, chewing tobacco, or vaping in a state vehicle is not authorized.

i. If ADOT Equipment Services determines that smoking, chewing tobacco, or vaping has occurred in or caused damage to a state vehicle, the operator's agency shall pay for the cleaning and repair expenses and the operator is subject to disciplinary action for violating state law.

ii. A subsequent incident of smoking, chewing tobacco, or vaping in a state vehicle shall result in the operator losing the privilege to operate a state vehicle.

L. Prohibited activities.

1. No state vehicle shall be modified or tampered with in any way. Prohibited modification or tampering shall include activities such as disconnecting a GPS fleet management device, modifying a vehicle's markings, or removing a required decal.

2. An operator shall not idle a state vehicle for more than five minutes unless the state vehicle is actively engaged in a work function or idling is required for a safety reason. A state vehicle shall never be left idling unattended or while being fueled.

3. An operator shall not, at any time or under any circumstance, consume or transport any type of alcoholic beverage or a non-prescription controlled substance or drug in a state vehicle. A state vehicle shall not be operated by anyone under the influence of intoxicating liquor, drugs, or other substances.

4. An operator shall not use a state vehicle to transport any items or goods which are not the property of the state, unless such transportation is directly related to official business being conducted by an agency.

M. Parking.

1. An operator shall use discretion on where to park a state vehicle. Non-work-related stops when using a state vehicle are prohibited with the exception of restroom stops and meals when in travel status. Parking at a business where food is the primary service is acceptable when the operator is either:

a. In travel status as indicated in SAAM 5009, Responsibilities of Travelers and Those Making or Reviewing Travel Arrangements; or

b. Not in travel status but working away from the operator's work unit and eating nearby would reduce state vehicle mileage and fuel consumption.

An operator assigned a state vehicle shall park the vehicle off the street if taken home at night. If garage parking is not available, the operator shall check their local homeowner's association rules prior to parking a state vehicle on the premises. The operator shall remove all state property from the parked vehicle and ensure that the vehicle is locked and secured.

History

• New Section made by final rulemaking at 8 A.A.R. 3236, effective July 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 15 A.A.R. 182, effective March 7, 2009 (Supp. 09-1). New section made by exempt rulemaking at 28 A.A.R. 3366, effective 9/29/2022.

Ariz. Admin. Code § R17-1-404 Fleet Safety and Risk Management

A. A using agency shall use the state's ESEDRA program to review the driving record of each employee authorized to operate a state vehicle according to the procedures developed and implemented by the using agency as prescribed under A.A.C. R2-10-207 and the Statewide Motor Vehicle Safety Policy.

B. A state employee shall attend a defensive driver training course, as prescribed under A.A.C. R2-10-207, before being permitted to operate a state vehicle.

C. An operator who drives a state vehicle shall take a defensive driver training refresher course as often as required by the operator's agency. A driver that receives a citation for a traffic violation may be required by the operator's agency to take defensive driver refresher training as prescribed under A.A.C. R2-10-207.

D. An operator required to drive a state vehicle shall immediately notify a supervisor of any suspension, revocation, cancellation, restriction, disqualification or other action affecting the operator's license or certification needed to operate a state vehicle.

E. An operator, whether driving a state vehicle or a privately-owned vehicle on state business, shall not engage in distracted driving as prescribed under A.R.S. § 28-914. An operator is prohibited from using text messaging features on mobile communication devices while operating a vehicle except as permitted under A.R.S. § 28-914.

F. An operator shall ensure that there is evidence of insurance in the state vehicle before operating the vehicle. This certificate is included in the motor vehicle accident reporting packet stored in the glove compartment of each state vehicle. Additional motor vehicle accident reporting instructions are available from all ADOT Equipment Services offices.

G. An operator shall use a safety belt, as prescribed under A.R.S. § 28-909, and ensure that all passengers use a properly fastened safety belt. A state employee not wearing a safety belt may be subject to disciplinary action up to and including dismissal.

H. An operator shall not deactivate a driver or passenger side airbag unless doing so per manufacturer guidelines. All manufacturer's guidelines and those of the National Highway Traffic and Safety Administration (NHTSA) shall be followed when transporting:

1. Infants in rear-facing seats;

2. Children under the age of 12;

3. Adults with medical conditions that place them at specific risk, including people with certain prosthetic devices; and

4. Persons who cannot adjust their seat position to maintain approximately ten inches between the person's breastbone and the airbag.

I. Persons listed under subsection (H) shall be transported in a vehicle equipped with a rear seat or a vehicle not equipped with passenger side front airbags when available and practical. In cases where no other transportation options exist, and where the passenger side airbag has been deactivated to provide transportation to those listed under subsection (H), the operator shall reactivate the passenger side airbag immediately upon the exit of the passengers.

J. An operator, whether driving a state vehicle or a privately-owned vehicle on state business, shall report all vehicle accidents or incidents involving the vehicle that have resulted in damage to any property or injury to any person according to the operator's agency procedures for accident and incident investigations developed under A.A.C. R2-10-207, and notify ADOT Equipment Services as indicated on the Department's website at www.azdot.gov.

1. An operator shall report a state vehicle accident to the police and shall make a written report to the ADOT Equipment Services, Vehicle Risk Management Group, within 24 hours after the accident using the automobile loss report form contained in the accident reporting packet. If the operator is incapacitated, the operator's supervisor shall make the report.

2. The operator and the operator's supervisor shall sign the automobile loss report and forward it to the ADOT Equipment Services, Vehicle Risk Management Group, within 24 hours after the accident. If the police report is not available when the automobile loss report is due, the operator shall submit the police report regarding the accident to the ADOT Equipment Services, Vehicle Risk Management Group, within 10 calendar days after the accident.

3. If other vehicles are involved, or there are witnesses to the accident, the operator shall request all other drivers and witnesses complete a witness information card located in the accident reporting packet. The operator shall obtain the name and telephone number of any witnesses.

4. If no other vehicles are involved, or the police are unable to respond, the operator shall document as much information about the accident or incident as possible and take pictures where possible.

K. An operator may stop a state vehicle at the scene of any crash incident to provide motorist assistance within reason and to the extent of the operator's abilities. The operator is not required to compromise the operator's personal safety or the safety of any passengers. The operator may stop and assist a stranded motorist who is a great distance away from help, especially in bad weather, or may radio or phone the location of the motorist to the ADOT Traffic Operations Center (TOC) or the Department of Public Safety. Under unusual circumstances, an operator may transport a stranded motorist to the nearest place of reasonable safety, but only after calling 911. Children under five years of age or under 40 pounds shall be transported in a child safety seat, as prescribed under A.R.S. § 28907, if available, or the seat from the stranded motorist's vehicle may be used.

L. Traffic citations.

1. An operator is personally responsible for the prompt payment of any fines imposed for a moving or non-moving traffic violation received while operating a state vehicle unless the citation was issued for mechanical failure. Under no circumstances shall the citation be paid with state or federal funds.

2. An operator who receives a traffic citation for mechanical failure shall, as soon as possible:

a. Personally take the citation along with the state vehicle to the nearest ADOT Equipment Services shop location; or

b. Contact the nearest ADOT Equipment Services shop location to receive instruction on the safest way to repair the issue.

3. An operator who receives a traffic citation while operating a state vehicle and fails to resolve the matter within 90 calendar days after the issue date on the citation shall lose the privilege of operating a state vehicle. The operator's privilege shall be reinstated when the operator provides the ADOT Equipment Services, Vehicle Risk Management Group, with verification that the operator:

a. Paid the fine,

b. Contested the traffic citation successfully, or

c. Submitted proof of successful completion of traffic school, and

d. Possesses a valid driver license.

M. An appropriately licensed operator may transport a small amount of explosive material in a state vehicle if required for conducting state business and approved by the ADOT Safety & Health Section with approval in writing by the second-line supervisor. All required placards shall be displayed on the transporting vehicle.

History

• New Section made by final rulemaking at 8 A.A.R. 3236, effective July 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 15 A.A.R. 182, effective March 7, 2009 (Supp. 09-1). New section made by exempt rulemaking at 28 A.A.R. 3366, effective 9/29/2022.

Ariz. Admin. Code § R17-1-405 Special Equipment; Billing Rates

A. A using agency shall obtain approval from ADOT Equipment Services before making any modification to a state vehicle, including the addition or removal of equipment or accessories to or from the state vehicle.

B. A using agency may request specially installed equipment such as two-way radios, sirens, cages, or tanks by submitting a request in writing to ADOT Equipment Services. The using agency shall pay for the equipment, for installation of the equipment, and for restoration expenses or diminution in value caused by modifications made to install special equipment.

C. ADOT Equipment Services shall equip all new state vehicles with a GPS fleet management device, unless the vehicle is dedicated for use in conducting certain law enforcement activities of a confidential nature or otherwise prohibited by the Director. ADOT Equipment Services shall place a decal on the rear of each state vehicle equipped with a GPS fleet management device to inform both the operator and the general public that use of the vehicle is monitored by GPS.

D. Charges for state fleet vehicles are determined by using a certified rate methodology guide for public fleets. Fleet charges consist of a risk management fee, a cost-per-mile fee, a fleet management service fee, an indirect cost allocation plan fee, and a per gallon fuel use fee. Other fees and charges may exist depending on internal or external agency requirements.

E. Fleet management rates are recalculated each year and may vary from one fiscal year to another depending upon the size of the fleet and the cost of new vehicles, maintenance, repairs, overhead, and insurance costs. The ADOT Equipment Services fleet operation is a cost recovery fleet operation as prescribed under A.R.S. § 28-472.

History

• New Section made by final rulemaking at 8 A.A.R. 3236, effective July 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 15 A.A.R. 182, effective March 7, 2009 (Supp. 09-1). New section made by exempt rulemaking at 28 A.A.R. 3366, effective 9/29/2022.

Ariz. Admin. Code § R17-1-406 [REPEALED]

History

• New Section made by final rulemaking at 8 A.A.R. 3236, effective July 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 15 A.A.R. 182, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R17-1-407 [REPEALED]

History

• New Section made by final rulemaking at 8 A.A.R. 3236, effective July 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 15 A.A.R. 182, effective March 7, 2009 (Supp. 09-1).

Article 5 ADMINISTRATIVE HEARINGS

Ariz. Admin. Code § R17-1-501 Definitions

The following definitions apply to this Article unless otherwise required:

1."Administrative hearing" means a scheduled Executive Hearing Office proceeding for deciding a dispute based on the evidence presented to an administrative law judge. An administrative hearing includes:

a. Advance notice to participants of record,

b. An opportunity for witnesses to testify under oath, and

c. Presentation of documentary evidence.

2."Administrative law judge" means a person who conducts a summary review or presides at an administrative hearing, with the powers listed under these rules.

3."Affidavit" means a declaration or statement of facts made:

a. In writing, and

b. Under oath or affirmation.

4."Agency action" means an action affecting a license, permit, certificate, approval, registration, or other permission issued by the Arizona Department of Transportation or the Division.

5."Attorney" means:

a. An individual who is an active member in good standing with the State Bar of Arizona,

b. An individual approved to appear pro hac vice before the Executive Hearing Office pursuant to Rule 38(A) of the Arizona Supreme Court, or

c. An individual authorized by Rule 31 of the Arizona Supreme Court to appear on behalf of another person or legal entity at a hearing before the Executive Hearing Office.

6."Business day" means a day other than a Saturday, Sunday, or state holiday.

7."Deposition" means a witness' testimony:

a. Given under oath or affirmation,

b. Brought out by another person's oral or written questions, and

c. Reduced to writing for a proceeding.

8."Director" means the Arizona Department of Transportation, Motor Vehicle Division Director.

9."Division" means the Arizona Department of Transportation, Motor Vehicle Division.

10."Executive Hearing Office" means the branch of the Director's office that conducts an administrative hearing or a summary review.

11."In writing" means:

a. An original document,

b. A photocopy,

c. A facsimile, or

d. An electronic mail message.

12."Motion" means a written or oral proposal for consideration and action filed by a person with the Executive Hearing Office.

13."Participant of record" means:

a. A petitioner or a respondent;

b. An attorney representing a petitioner or respondent; or

c. A person or entity with an interest in the subject matter of an administrative hearing as determined from Division records or from Arizona Department of Transportation records.

14."Petitioner" means a person or entity that requests an administrative hearing or a summary review from the Executive Hearing Office.

15."Respondent" means a person against whom relief is sought in an Executive Hearing Office proceeding.

16."Summary review" means an Executive Hearing Office proceeding conducted under A.R.S. § 28-1385(L).

17."Under oath or affirmation" means a witness' sworn statement made to a person with the power to administer an oath or affirmation.

History

• New Section recodified from R17-4-901 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-502 Request for Hearing

A. A petitioner or petitioner's attorney shall file a request for a hearing:

1. By mail or hand delivery to the Executive Hearing Office's street address:

Executive Hearing Office, Arizona Department of Transportation, Motor Vehicle Division, 3737 N. 7th St., Suite 160, Phoenix, AZ 85014-5017;

2. By fax to (602) 241-1624; or

3. By e-mail to the Executive Hearing Office's electronic mail address: hearingoffice@azdot.gov; and

Timeliness of filing is determined as of the date the Executive Hearing Office receives a request for hearing.

B. A request for hearing shall be submitted to the Executive Hearing Office within 15 days of the date of an agency action notice.

C. A request for a hearing shall include the petitioner's name, mailing address, and telephone number.

History

• New Section recodified from R17-4-902 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-503 Notice of Hearing

A. If a petitioner timely files a request for a hearing as provided under R17-1-502, the Executive Hearing Office shall send a notice of hearing to the petitioner's mailing address in the request for hearing and to any other participant of record.

B. The notice of hearing shall state the:

1. Time, date, and place of the administrative hearing;

2. Type of administrative hearing; and

Statutory authority for the administrative hearing.

History

• New Section recodified from R17-4-903 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-504 Representation

A. Prior to any appearance, a petitioner's or respondent's attorney licensed in a state other than Arizona, shall file with, and obtain approval from, the Executive Hearing Office the following documentation:

1. An original motion to appear pro hac vice,

2. The Notice of Receipt of Complete Application from the State Bar of Arizona, and

3. The original certificate of good standing from the licensing State Bar.

B. Documentation under subsection (A) shall be filed with the Executive Hearing Office at least five business days before date of appearance.

C. Non-compliance with this Section shall result in the exclusion of a petitioner's or respondent's attorney licensed in a state other than Arizona from participation in an administrative hearing.

History

• New Section recodified from R17-4-904 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-504 renumbered to R17-1-505 ; new R17-1-504 made by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-505 Administrative Hearing Procedure

A. An administrative law judge shall preside at an administrative hearing and shall:

1. Administer oaths or affirmations;

2. Conduct fair and impartial hearings;

3. Have the parties state orally at the hearing their positions on the issues;

4. Rule on motions filed under R17-1-508 ;

5. Maintain an administrative hearing record;

6. Issue a written decision, including findings of fact and conclusions of law, based on the record, and

7. Sustain an agency action supported by the record, state and administrative law.

B. In addition to the requirements of subsection (A), an administrative law judge may:

1. Issue a subpoena for the attendance of a relevant witness or for the production of relevant documents or things, and

2. Question a witness.

C. An administrative law judge may order summary suspension of a license according to A.R.S. § 41-1064(C).

D. A.R.S. § 41-1063 applies to the contents and service of an administrative hearing decision.

E. A participant of record shall not communicate, either directly or indirectly, with the administrative law judge about any substantive issue in a pending matter unless:

1. All participants of record are present;

2. Communication is during a scheduled proceeding, where an absent participant of record fails to appear after proper notice; or

Communication is by written motion with copies to all participants of record.

F. At the request of a participant of record or at the judge's discretion, an administrative law judge may order a witness excluded from the hearing room except:

1. A participant of record, or

2. A person whose presence is shown to be essential to the presentation of a participant of record's case.

History

• New Section recodified from R17-4-905 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-505 renumbered to R17-1-506 ; new R17-1-505 renumbered from R17-1-504 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-506 Administrative Hearing Evidence

A. A.R.S. §§ 41-1062(A) applies to evidence offered in an administrative hearing.

B. The administrative law judge may admit a witness' deposition or affidavit and determine its evidentiary weight. The party taking a witness' deposition or affidavit shall bear all deposition-related or affidavit-related costs.

History

• New Section recodified from R17-4-906 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-506 renumbered to R17-1-507 ; new R17-1-506 renumbered from R17-1-505 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-507 Time Computation

In computing a time period under this Article, the Executive Hearing Office shall:

1. Exclude the day of the act triggering the period;

2. If the last day is a Saturday, Sunday, or legal holiday, extend the period to the end of the next business day;

3. If the period is 10 days or less, count only the business days; and

4. If service is by mail, extend the period by five days.

History

• New Section recodified from R17-4-907 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-507 renumbered to R17-1-508 ; new R17-1-507 renumbered from R17-1-506 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-508 Motion Practice

A. A party or a party's attorney making a motion shall state in the motion the relief sought, the factual basis, and the legal authority for the requested relief.

1. For a pre-hearing motion, a party or a party's attorney shall:

a. Make the motion in writing, and

b. File the motion with the Executive Hearing Office at least five business days before the administrative hearing.

2. For a motion made at an administrative hearing:

a. A party or a party's attorney may make the motion orally, and

b. The administrative law judge may require the party or the party's attorney to file the motion in writing.

B. An administrative law judge may include a ruling on a motion in an administrative hearing decision.

History

• New Section recodified from R17-4-908 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-508 renumbered to R17-1-509 ; new R17-1-508 renumbered from R17-1-507 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-509 Subpoena Issuance

A. In connection with an administrative hearing, an administrative law judge may issue a subpoena to compel the attendance of a witness or the production of documents or things.

1. A party or a party's attorney requesting a subpoena shall file a written subpoena request, briefly stating the substance of the evidence sought and why the evidence is necessary for the hearing.

2. An administrative law judge has discretion to issue or deny a subpoena based on the:

a. Relevance of the evidence sought,

b. Reasonable need for the evidence sought, and

c. Timeliness of the request.

B. A party or a party's attorney requesting a subpoena shall:

1. Draft the subpoena in the correct format, including:

a. The caption and docket number of the matter;

b. A list of documents or things to be produced;

c. The full name and address of:

i. The custodian of the documents or things listed, or

ii. The person ordered to appear;

d. The time, date, and place to appear or to produce documents or things; and

e. The name, address, and telephone number of the party or the party's attorney requesting the subpoena;

2. Obtain an administrative law judge's signature on the subpoena,

Ensure service of the subpoena on the person named in the subpoena under subsection (C), and

4. Bear all subpoena-related costs.

C. Unless otherwise provided by statute or administrative rule, a party or a party's attorney requesting a subpoena shall have the subpoena served by a person who:

Is at least age 18 and is not a party to the administrative hearing;

2. Delivers, within Arizona, a copy of the subpoena to the person named in the subpoena;

3. If the subpoena requires the named person's attendance at an administrative hearing, hands the named person the amount prescribed in A.R.S. § 12-303 as the witness fee for one day's attendance and allowed mileage; and

4. Files with the Executive Hearing Office a proof of service, signed by the person who served the subpoena, certifying:

a. The date of service,

b. The manner of service, and

c. The name of the person served.

D. A party or a person served with a subpoena who objects to the subpoena or a portion of the subpoena, may file an objection in writing with the Executive Hearing Office. The party or person served with the subpoena shall:

1. State in the objection the reasons for objecting; and

2. File the objection:

a. Within five days after service of the subpoena; or

b. If the subpoena is served less than five days before an administrative hearing, at the start of the hearing.

E. An administrative law judge may quash or modify a subpoena if:

1. The subpoena is unreasonable or imposes an undue burden, or

2. The evidence sought may be obtained by another method.

F. Unless otherwise provided by statute or administrative rule, a party or a party's attorney requesting a subpoena or the Arizona Department of Transportation shall enforce the subpoena in the Superior Court of Arizona, in the county where the administrative hearing is held.

History

• New Section recodified from R17-4-909 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-509 renumbered to R17-1-510 ; new R17-1-509 renumbered from R17-1-508 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-510 Document Filing

A. A document filed in an Executive Hearing Office proceeding shall state:

1. The description and title of the proceeding,

2. The name of the party filing the document,

3. The date the document is signed,

4. The title and address of the document's signer, and

5. If applicable, the attorney's name, state bar number, law firm, address, and telephone number.

B. A party or a party's attorney shall sign a document filed with the Executive Hearing Office. By signing, the signer certifies that:

1. The signer read the document;

2. The document is supported by the facts and the law or by a good faith argument to extend, modify, or reverse the law; and

The document is not filed to harass, delay, or needlessly increase the cost of the Executive Hearing Office proceeding.

C. A document is filed as of the date the Executive Hearing Office receives the document.

History

• New Section recodified from R17-4-913 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-510 renumbered to R17-1-511 ; new R17-1-510 renumbered from R17-1-509 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-511 Continuing an Administrative Hearing

A. An administrative hearing participant of record requesting a continuance shall file the request with the Executive Hearing Office at least seven business days before the hearing. The continuance request shall state a reason for continuing the administrative hearing.

B. An administrative law judge shall not grant a continuance unless the participant of record establishes good cause for the continuance.

C. An administrative law judge shall not grant a request for continuance which is untimely unless the participant of record establishes good cause for the delay in filing the request.

History

• New Section recodified from R17-4-911 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-511 renumbered to R17-1-512 ; new R17-1-511 renumbered from R17-1-510 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-512 Rehearing and Judicial Review

A. A party may file a written motion for rehearing with the executive hearing office, stating in detail the reasons a rehearing should be granted.

B. Unless otherwise provided by statute, a motion for rehearing is timely if received by the Executive Hearing Office within the later of:

1. Fifteen days after the date of in-person service of the administrative hearing decision, or

2. Fifteen days after the mailing date of the administrative hearing decision.

C. A timely motion for rehearing stays an agency action, other than:

1. A summary suspension under A.R.S. § 41-1064(C), or

2. An agency action sustained under subsection (J).

D. An administrative law judge may grant a rehearing for any of the following reasons materially affecting a party's rights:

1. Irregularity in the proceedings of the Arizona Department of Transportation or the Division, or any order or abuse of discretion, that deprived the moving party of a fair hearing;

2. Misconduct of the Arizona Department of Transportation or the Division, its staff, an administrative law judge, or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

5. Excessive penalty;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings;

7. That the administrative hearing decision is a result of passion or prejudice; or

8. That the findings of fact or decision is not justified by the evidence or is contrary to law.

E. An administrative law judge may affirm or modify an administrative hearing decision or grant a rehearing to all or any of the parties on all or part of the issues for any of the reasons in subsection (D). An order modifying an administrative hearing decision or granting a rehearing shall specify the grounds for the order.

F. An administrative law judge may order a rehearing for a reason in subsection (D).

G. An administrative law judge may require the filing of written briefs on the issues raised in a motion for rehearing.

H. When a motion for rehearing is based upon affidavits, they shall be served with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. An administrative law judge may extend this period for a maximum of 20 days for good cause as described in subsection (I) or by written stipulation of the parties. Reply affidavits may be permitted at the discretion of the administrative law judge.

I. An administrative law judge may extend the time limits in subsections (A) and (H) upon a showing of good cause. A party demonstrates good cause by showing that the grounds for the party's motion or other action could not have known in time, using reasonable diligence, and a ruling on the motion will:

1. Further administrative convenience, expedition, or economy; or

2. Avoid undue prejudice to any party.

J. An administrative law judge shall issue an administrative hearing decision as a final decision without an opportunity for a rehearing if the administrative law judge makes specific findings that:

1. The public health, safety, and welfare require immediate effectiveness of the administrative hearing decision; and

2. A rehearing of the decision is impractical, unnecessary, or contrary to the public interest.

K. A party may appeal or request judicial review of a final administrative hearing decision in the Superior Court of Arizona as provided by statute.

History

• New Section recodified from R17-4-912 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-512 renumbered to R17-1-513 ; new R17-1-512 renumbered from R17-1-511 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-513 Summary Review of an Administrative Suspension Order under A.R.S. Section 28-1385

A. A petitioner issued a driving privilege suspension order under A.R.S. § 28-1385, may request summary review instead of a hearing.

1. The requirements of R17-1-502 apply to a summary review request.

2. The petitioner or the petitioner's attorney may include with the summary review request a written statement of:

a. The reasons why the Division should not suspend the petitioner's driving privilege, and

b. Reasons to find that at least one issue in subsections (C)(1) through (C)(3) is not met by the affidavit filed by a law enforcement officer with the Department.

B. An administrative law judge conducting summary review of a suspension order under A.R.S. § 28-1385 shall:

1. Conduct the summary review without the petitioner's presence,

2. Examine the documents in the Executive Hearing Office case file, and

3. Issue a written summary review decision sustaining or voiding the suspension order.

C. An administrative law judge conducting summary review of a suspension order under A.R.S. § 28-1385 shall consider the following factors:

1. Whether the law enforcement officer's certified report reflects the officer had reasonable grounds to believe the petitioner was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor;

2. Whether the law enforcement officer's certified report reflects the officer placed the petitioner under arrest for a violation of A.R.S. §§ 4-244(33), 28-1381, 28-1382, or 28-1383, and the petitioner complied with A.R.S. § 28-1321;

3. Whether the law enforcement officer's certified report reflects petitioner's test results indicating at least the applicable alcohol concentration stated in A.R.S. § 28-1385; and

4. Whether the petitioner's written statement of the reasons why the Division should not suspend the petitioner's driving privilege provides convincing evidence that at least one issue in subsections (C)(1) through (C)(3) was not met.

History

• New Section recodified from R17-4-910 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-513 renumbered to R17-1-514 ; new R17-1-513 renumbered from R17-1-512 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Ariz. Admin. Code § R17-1-514 Maintaining Administrative Hearing Decorum

A. All hearings are open to the public, however a person shall not interfere with access to or from a hearing room, or interfere, or threaten interference with a hearing.

B. If a person interferes, threatens interference, or disrupts a hearing, the administrative law judge may order the disruptive person to leave or be removed.

History

• Section R17-1-514 renumbered from R17-1-513 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).

Article 6 SOLICITATION

Ariz. Admin. Code § R17-1-601 Definitions

The following terms and phrases apply to this Article, unless otherwise specified:

"Animal guide or service animal" means an animal that:

Completes a formal training program,

Assists its owner in one or more daily living tasks associated with a productive lifestyle, and

Is trained to not pose a danger to the health and safety of the general public.

"Application" means a solicitation request form that is completed and submitted to the Department by a person seeking to conduct a solicitation on Department property.

"Department" means the Arizona Department of Transportation.

"Department property" means real property and buildings under the jurisdiction of the Director, excluding a highway, highway right-of-way, excess right-of-way, property leased by the Department to a third party, and any sidewalk or paved area along the street frontage of the property that is not physically distinguishable from an adjacent municipal or other public sidewalk.

"Director" means the Director of the Arizona Department of Transportation or the Director's designee.

"Excess right-of-way" means real property under the jurisdiction of the Director that is:

Determined by the Director to be no longer needed or used for transportation purposes, and

Held by the Department for disposition under the provisions of A.R.S. § 28-7095.

"Permit" means an original application form signed by the Director as authorization for a solicitor to conduct a specified solicitation.

"Person" has the meaning prescribed under A.R.S. § 1-215.

"Solicitation" means any activity, except an activity prohibited under R17-1-607(B)(3) or (4), that can be reasonably interpreted as being for the distribution of information or the promotion of causes or memberships.

"Solicitation area" means a location outside a building on Department property, which may be designated by an office supervisor or the office supervisor's designee for solicitation activities without interfering with business operations, blocking entry or exit doors, or inhibiting pathways necessary for building access or egress.

"Solicitation material" means advertising circulars, flyers, handbills, leaflets, petitions, or other printed information.

"Solicitor" means a person conducting a solicitation or the person's agent.

"Work site" means a location within a building on Department property where public employees or officers conduct the daily business of the Department. An office supervisor may designate a cafeteria or break room as a work site if appropriate.

History

• New Section made by final rulemaking at 17 A.A.R. 1995, effective September 13, 2011 (Supp. 11-3).

Ariz. Admin. Code § R17-1-602 Applicability; Exemptions

A. This Article does not apply to any state-authorized or state-sponsored employee programs expressly exempted by the Arizona Department of Administration under A.A.C. R2-11-309(A).

B. Employee associations composed principally of employees of state government agencies may apply under this Article for a permit to conduct a solicitation or collect membership fees at a Department work site. Employee associations composed principally of employees of state government agencies are exempt from the requirements of R17-1-607 and R17-1-608, as applicable.

History

• New Section made by final rulemaking at 17 A.A.R. 1995, effective September 13, 2011 (Supp. 11-3).

Ariz. Admin. Code § R17-1-603 Application for Permit

A. A person seeking to conduct a solicitation on Department property shall first apply to the Department for a permit by completing a solicitation request form provided by the Department.

B. The person shall submit the completed solicitation request form by mail, fax, or e-mail as provided on the form at least 15 days before the desired effective date of the solicitation.

C. A completed application is one that is legible and contains, at a minimum, all of the following information:

1. The name, address, and telephone number of the applicant. If a permit is requested on behalf of an organization, the application shall also include the name, address, and telephone number of the organization, as well as its primary representative or contact person deemed in charge of and responsible for the proposed solicitation;

2. The proposed effective date and approximate starting and concluding times of the proposed solicitation;

3. The names of all persons who will take part in conducting solicitation activities on behalf of the applicant;

4. The specific office location requested for the proposed solicitation;

5. The general purpose of the proposed solicitation;

6. Copies of all solicitation materials to be used so the Department can verify that the purpose of the solicitation does not violate R17-1-607(B)(3) or (4) ;

7. Certification by the applicant that the applicant, and any person acting on behalf of the applicant, has not been convicted of a felony or misdemeanor offense involving dishonesty, fraud, theft, assault, battery, or other crime involving physical violence within five years of the date of the application; and

8. The signature of the applicant acknowledging that he or she agrees to:

a. Comply with all requirements under this Article; and

b. Indemnify and reimburse the Department for claims and expenses arising out of the solicitor's use of Department property, including any cleanup or damage repair costs associated with the solicitation incurred by the Department.

D. The Department, to the extent necessary and as appropriate to the time, place, and manner of each proposed solicitation and the safety issues it may pose, may require an applicant to provide at the applicant's own expense:

1. Adequate liability insurance coverage in the form of a certificate of insurance listing the state of Arizona and the Arizona Department of Transportation as additional insured entities, and

2. Adequate security services during solicitation activities.

E. The Department shall consider the following criteria in determining whether one or more of the actions in subsection (D) is necessary and in the best interest of the state. The listed factors also apply in determining the amount of liability insurance coverage an applicant shall provide:

1. Previous experience with similar solicitation activities,

2. Data regarding the risk of the proposed solicitation activities,

Security services required for similar solicitation activities in Arizona and the cost of those services, and

The applicant's ability to pay an insurance premium or security service provider.

History

• New Section made by final rulemaking at 17 A.A.R. 1995, effective September 13, 2011 (Supp. 11-3).

Ariz. Admin. Code § R17-1-604 Application Processing; Time-frames

A. The Department shall provide notice to the applicant that the application is either complete or incomplete within five business days of receiving the application:

1. If the application is complete, the notice to the applicant shall indicate the date the Department stamped the complete application as received; or

2. If the application is incomplete, the notice to the applicant shall indicate the current date and include an itemized list of all missing information the Department requires of the applicant before the application can be processed.

B. An applicant with an incomplete application shall respond to the notice provided by the Department under subsection (A)(2) within 10 days after the date indicated on the notice.

1. The Department may deny the permit if the applicant fails to provide all required information within 10 days after the date of the notice.

2. On receipt of all required information, the Department shall provide to the applicant the notice prescribed under subsection (A)(1).

C. The Director shall render a permit decision within 10 business days after the date an application is determined to be complete. The date of receipt is the date on the notice provided by the Department to the applicant under subsection (A)(1) acknowledging receipt of the complete application.

D. For the purpose of A.R.S. § 41-1073, the Department establishes the following permit time-frames:

1. Administrative completeness review time-frame: Five business days.

Substantive review time-frame: 10 business days.

3. Overall time-frame: 15 business days.

History

• New Section made by final rulemaking at 17 A.A.R. 1995, effective September 13, 2011 (Supp. 11-3).

Ariz. Admin. Code § R17-1-605 Permit Limitations

A. The Director may accept an application and issue a solicitation permit under this Article on a first-come, first-served basis no earlier than 60 days before the proposed solicitation.

B. A permit holder may conduct a solicitation only as authorized by the Director under this Article, and only:

1. At the approved location designated on the permit,

Between the hours of 9:00 a.m. and 4:00 p.m., and

3. On a day the approved location is open for regular business.

C. A maximum of three solicitations may be conducted at any one approved location on a particular day.

D. A maximum of two solicitor representatives named on the permit may conduct solicitation activities on behalf of the permit holder at any one approved location, unless extenuating circumstances exist and advance written permission to exceed this limitation is granted by the Director on receipt of a written request by the solicitor.

History

• New Section made by final rulemaking at 17 A.A.R. 1995, effective September 13, 2011 (Supp. 11-3).

Ariz. Admin. Code § R17-1-606 Permit Issuance; Denial; Appeal; Hearing

A. If the Director approves an application for a solicitation permit, the permit:

Shall expire after the approved solicitation time period specified on the permit, unless previously revoked;

2. Shall not be valid for more than 90 days from the effective date approved by the Director;

3. Shall not be transferred or assigned, in whole or in part, to any person other than the person or organization to whom the permit is issued; and

4. May be renewed only upon submission of a new application.

B. The Director shall deny an application for a permit for one or more of the following reasons:

1. The solicitation is likely to:

a. Interfere with the work of an employee or daily business of the Department;

b. Create an unreasonable risk of injury to a person or risk of damage to property; or

c. Conflict with the time, place, manner, or duration of another solicitation for which a permit is already issued or pending;

2. The applicant or the solicitation activity fails to comply with the requirements of this Article or any other applicable rule or statute;

3. The applicant, or the person or organization on whose behalf the application was made, has:

a. Within 12 months of the date of application, had a previous solicitation permit revoked by the Department for non-compliance with a provision of this Article or any other applicable rule or statute; or

b. Within five years of the date of application, on three separate occasions, had a previous solicitation permit revoked by the Department for non-compliance with a provision of this Article or any other applicable rule or statute.

C. If the Director denies an application for a solicitation permit, the Department shall send written notification of the Director's decision to the mailing address listed on the applicant's permit application, within three business days of denying the permit. The written notification shall state:

1. The Department's reason for the denial, citing all applicable supporting statutes or rules;

2. The applicant's right to request a hearing to appeal the Department's action under A.R.S. Title 41, Chapter 6, Article 6, and Article 5 of this Chapter; and

3. The time-frame for requesting a hearing with the Department's Executive Hearing Office as prescribed under Article 5 of this Chapter.

D. The scope of the hearing shall be limited to a determination of whether the Department possessed grounds to deny the solicitor's permit under subsection (B).

History

• New Section made by final rulemaking at 17 A.A.R. 1995, effective September 13, 2011 (Supp. 11-3).

Ariz. Admin. Code § R17-1-607 Solicitor Responsibilities; Prohibited Activities

A. After receiving express written permission from the Director for a solicitation on Department property, an approved solicitor shall:

1. Provide a table to be used for all authorized solicitation activity;

2. Present the original solicitation permit without any modifications or alterations, to an office supervisor at the approved location for inspection and sign-in prior to setting up a table or distributing materials;

3. Provide at least one form of photo identification to an office supervisor for each person participating in or conducting solicitation activities on behalf of the permit holder;

4. Maintain a copy of the approved solicitation permit at each authorized location at all times;

5. Set up a table only in the solicitation area;

6. Remain at the table in the solicitation area while performing any solicitation activity;

7. Ensure that no entry or exit doors are blocked at any time;

8. Ensure that no solicitation activity interferes with building access or egress;

9. Ensure that no solicitation activity interferes with Department operations; and

10. Ensure that all solicitors employed by, or acting on behalf of, the permit holder display a name badge that is at least three inches in height and four inches in width. The name badge shall contain:

a. The name of the organization conducting the solicitation, if applicable;

b. The organization's address;

c. The name of the individual solicitor in bold letters; and

d. The words"Authorized Representative."

B. A solicitor shall not:

1. Conduct any type of solicitation on Department property without the express written permission of the Director as provided under this Article;

Perform any activity not specifically authorized by the permit;

3. Collect monetary contributions of any kind, including credit or debit card numbers, whether for charitable purposes or not;

4. Offer goods or services for sale, or engage in any other activity involving the exchange of money for a product or service, including collecting credit or debit card numbers;

5. Engage in any solicitation activity outside of the solicitation area;

6. Engage in behavior that interferes with the business activities of the Department and its customers, including but not limited to:

a. Following or continuing to solicit a person after that person has given a negative response to the solicitation;

b. Intimidating, verbally harassing, or shouting at a customer or employee of the Department; or

c. Preventing or interrupting the flow of customer traffic to or from a building located on Department property.

7. Use any audio amplification device to attract the public, unless the device is assistive technology relating to a disability;

8. Use any Department materials, supplies, equipment, or other resources to conduct a solicitation;

9. Bring an animal, other than an animal guide or service animal, into the solicitation area;

10. Leave garbage, litter, trash, human or animal waste, or any other kind of waste on Department property unless the waste is deposited in a container the Department maintains for that kind of waste; or

11. Conduct a solicitation on Department property in violation of a permit limitation provided under R17-1-605.

History

• New Section made by final rulemaking at 17 A.A.R. 1995, effective September 13, 2011 (Supp. 11-3).

Ariz. Admin. Code § R17-1-608 Signage Requirements

A. A solicitor approved for conducting a solicitation at any Department location shall provide, and prominently display beside each solicitation table, a sign that is clearly visible to the public.

1. The sign shall:

a. Be at least 22" wide and 28" high;

b. Be printed in black ink on plain white poster board; and

c. Include the following language using a minimum of one inch letters in Times New Roman font:"(Name of company or organization represented) is a private organization. Its representatives are not affiliated with, nor are they employees of, the state of Arizona or the Arizona Department of Transportation. By approval of this solicitation, the state of Arizona does not endorse any product or petition promoted by solicitors/representatives."

2. The sign for a solicitor providing voter registration services shall include the following additional language using a minimum of one inch letters in Times New Roman font:"ADOT provides voter registration services inside all Motor Vehicle Division Customer Service offices and on the internet at www.ServiceArizona.com."

B. The sign required by the Department under subsection (A) shall contain no additions or modifications.

History

• New Section made by final rulemaking at 17 A.A.R. 1995, effective September 13, 2011 (Supp. 11-3).

Ariz. Admin. Code § R17-1-609 Removal; Revocation; Appeal; Hearing

A. The Department may immediately remove, or cause to be removed, items of a solicitation that may damage state property, inhibit building access or egress, or pose safety issues. The Department also may remove, or cause to be removed, any and all solicitors who are found to be damaging state property, inhibiting building access or egress, or posing safety issues.

B. The Director may revoke a permit and ask a solicitor to leave the premises if the Director determines that:

1. The solicitor's permit application contained a false or misleading statement or a material omission, or

2. The solicitor or solicitation failed to comply with a provision of this Article or any other applicable rule or statute.

C. If the Director revokes a solicitation permit, the Department shall send written notification of the Director's decision to the mailing address listed on the solicitor's permit application, within three business days of revoking the permit. The written notification shall state:

1. The Department's reason for the revocation, citing all applicable supporting statutes or rules;

2. The applicant's right to request a hearing to appeal the Department's action under A.R.S. Title 41, Chapter 6, Article 6, and Article 5 of this Chapter; and

3. The time-frame for requesting a hearing with the Department's Executive Hearing Office as prescribed under Article 5 of this Chapter.

D. The scope of a hearing shall be limited to a determination of whether the Department possessed grounds to revoke the solicitor's permit under subsection (B).

History

• New Section made by final rulemaking at 17 A.A.R. 1995, effective September 13, 2011 (Supp. 11-3).

Article 7 ADVERTISING AND SPONSORSHIP PROGRAM

Ariz. Admin. Code § R17-1-701 Definitions

In addition to the definitions provided under A.R.S. §§ 28-601, 28-7316, and 28-7901, the following terms apply to this Article:

"Acknowledgment plaque" means a sign panel intended only to inform the traveling public that a highway-related service, product, or monetary contribution was provided by the sponsor portrayed on the sign panel.

"Acknowledgment sign" means a sign intended only to inform the traveling public that a highway-related service, product, or monetary contribution was provided by the sponsor portrayed on the sign. Acknowledgment signs are a way of recognizing a company, business, or volunteer group that provides a highway-related service.

"Advertise" means to display or promote commercial brands, products, or services on authorized non-highway assets and facilities of the Department. Advertising may contain descriptive words or phrases providing information relating to promotional offers, location directions, amenity listings, telephone numbers, internet addresses (including domain names), slogans, or any other message essential in identifying the advertiser or sponsor, and informing the public of where the promoted products or services can be obtained.

"Advertiser" means a person, firm, or entity authorized to enter into a lease agreement with the Department or its contractor for providing a motor vehicle-, motorist-, or highway-related service or product to the Department, or a monetary contribution to the state highway fund as provided under A.R.S. § 28-7316, in exchange for the ability to advertise on non-highway assets or facilities authorized by the Department.

"Advertising agreement" means a written lease agreement between an advertiser and the Department or its contractor allowing the advertiser to advertise on authorized non-highway assets and facilities of the Department.

"Contract" means a written agreement between a contractor and the Department, which describes the obligations and rights of both parties relative to the administration, operation, and maintenance of the advertising and sponsorship program, or an element thereof, when conducted on behalf of the Department.

"Contractor" means a person, firm, or entity that enters into a contract with the Department to administer, operate, and maintain on behalf of the Department the advertising and sponsorship program, or an element thereof, and that is responsible for conducting all aspects of the advertising and sponsorship program as outlined in the contract and this Article.

"Clear zone" means the unobstructed relatively flat area beyond the edge of a roadway that allows a driver to stop safely or regain control of a vehicle that leaves the main traveled way.

"Department" means the Arizona Department of Transportation as the owner of the highway on which signs are placed and the organization that directly receives the highway-related service, product, or monetary contribution from a sponsor, and to which the sponsorship policy and agreement applies.

"Driver distraction" means a driver's inattention to the driving task at hand, resulting from internal or external events or actions.

"FHWA" means the Federal Highway Administration of the U.S. Department of Transportation.

"Highway" has the same meaning as prescribed in A.R.S. § 28-101, under "street or highway."

"Highway-related service" means any activity customarily administered or delivered by the Department in the process of designing, building, operating, or maintaining key highway facilities, including, but not limited to, highway construction and maintenance activities, traffic management programs, rest area operation and maintenance, emergency response and service patrols, travel information services, parkway and interchange landscape maintenance, snow removal and ice control, dust abatement, or adopt-a-highway litter removal and other highway beautification programs.

"Highway right-of-way" means a strip of property, owned by the Department, within which a highway exists or is planned to be built. The highway right-of-way consists of all lands within the defined highway right-of-way limits, including the airspace above and below This area typically includes: roadways; shoulders; sidewalks; rest areas; clear zones; and areas for drainage, utilities, landscaping, berms, and fencing.

"Interstate highway" or "Interstate highway system" has the meaning prescribed in A.R.S. § 28-7901, under "Interstate system."

"Lease" or "Lease agreement" means a written agreement between the Department, or its contractor, and an advertiser or sponsor, which authorizes the advertiser or sponsor to advertise in, or otherwise sponsor, certain assets or facilities of the Department subject to the terms and conditions outlined in the agreement and this Article.

"MUTCD" means the most recent edition of the federal Manual on Uniform Traffic Control Devices for Streets and Highways, as published by the FHWA at www.mutcd.fhwa.dot.gov and amended by the Department in the Arizona Supplement to the Manual on Uniform Traffic Control Devices for Streets and Highways available on the Department's web site at www.azdot.gov The federal Manual on Uniform Traffic Control Devices for Streets and Highways is used by road managers nationwide for uniform installation and maintenance of traffic control devices.

"Primary highway" has the meaning prescribed in A.R.S. § 28-7901, under "Primary system."

"Rest area" means an area or site established and maintained within, or adjacent to, the right-of-way of an interstate or primary highway under the supervision and control of the Department for the safety, recreation, and convenience of the traveling public.

"Serviceable" means an acknowledgment sign or plaque that is usable, in working order, and adequately fulfills its function.

"Sponsor" means a person, firm, or entity authorized to enter into a lease agreement with the Department or its contractor for sponsorship of a certain element of the Department's operation of an asset or facility by providing a motor vehicle-, motorist-, or highway-so lated service or product to the Department, or a monetary contribution to the state highway fund as provided under A.R.S § 28-7316, in exchange for placement of an acknowledgment sign or plaque to inform the public that a monetary contribution or a motor vehicle-, motorist-, or highway-related service or product was provided by the sponsor.

"Sponsorship agreement means a written lease agreement between a sponsor and the Department or its contractor, which authorizes sponsorship of a certain element of the Department's operation of an asset or facility.

History

• Adopted by final rulemaking at 24 A.A.R. 673, effective 5/7/2018.

Ariz. Admin. Code § R17-1-702 Program Administration

A. The Department may operate an advertising and sponsorship program, or may select a contractor to administer its advertising and sponsorship program, to generate additional revenue for the state highway fund as provided under A.R.S. § 28-7316.

B. If the Department utilizes a contractor to administer its advertising and sponsorship program, the Department shall solicit offers to select a contractor as provided under A.R.S. Title 41, Chapter 23, Arizona Procurement Code.

C. Use of highway right-of-way for advertising purposes is prohibited, except as provided in 23 U.S.C. 111(b), Rest Areas.

D. The Department or its contractor may provide opportunities for:

Advertisers to buy or lease advertising space or media on authorized non-highway assets and facilities of the Department;

2. Advertisers to buy or lease advertising space or media for conducting limited commercial activities at rest areas as permitted under 23 U.S.C. 111; and

3. Sponsors to provide monetary sponsorship of any element of the Department's operation of highway or non-highway assets and facilities by providing highway-related services or products to the Department, or monetary contributions to the state highway fund as provided under A R.S. § 28-7316.

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-703 Request for Advertising or Sponsorship; Approval or Denial Time-frames

A. An advertiser or sponsor seeking to participate in the Department's advertising and sponsorship program by leasing or buying advertising on non-highway assets of the Department, or providing monetary sponsorship of highway-related facilities and assets of the Department, may complete and submit electronically to the Department or its contractor an online request form provided by the Department at www.azdot.gov.

B. The Department shall, within 10 calendar days of receiving a request under subsection (A) or (C), provide written notice to the advertiser or sponsor acknowledging receipt of the request:

1. If the request is complete, the notice shall acknowledge receipt of a complete request and indicate the date the Department received the complete request or

2. If the request is incomplete, the notice shall indicate the current date and include an itemized list of all additional information the advertiser or sponsor must provide to the Department before the request can be considered complete and subsequently processed.

C. An advertiser or sponsor with an incomplete request shall respond to the notice provided by the Department under subsection (B)(2) within 15 calendar days after the date indicated on the notice or the Department may deny the request for advertising or sponsorship.

D. The Department shall render a decision on the request within 20 calendar days after the date on the notice the Department provided to the advertiser or sponsor under subsection (B)(1) acknowledging receipt of a complete request.

E. For the purpose of A.R.S. § 41-1073, the Department establishes the following time-frames:

Administrative completeness review time-frame: 10 calendar days.

2. Substantive review time-frame: 20 calendar days.

3. Overall time-frame: 30 calendar days.

F. Advertisers and sponsors authorized by the Department or its contractor to participate in the Department's advertising and sponsor-ship program may lease or buy advertising on authorized assets or facilities of the Department, conduct limited commercial activities at rest areas, or provide monetary sponsorship of authorized facilities and assets of the Department if the advertiser or sponsor:

1. Is a provider of motor vehicle- or motorist-related goods or services, as provided under A.R.S. § 28-7316;

2. Is authorized to enter into a lease agreement with the Department or its contractor for:

a. Advertising on or sponsorship of non-highway assets or facilities of the Department

b. Advertising on, or sponsorship of rest area facilities as permitted under 23 U S.C. 111; or

c. Sponsorship of highway-related assets or facilities of the Department; and

3. Is otherwise eligible under this Article to participate in the Department's advertising and sponsorship program.

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-704 Advertising or Sponsorship Approval; Agreement; LeaseRequest for Advertising or Sponsorship; Approval or Denial; Time-frames

A. An advertiser or sponsor seeking to participate in the Department's advertising and sponsorship program shall first negotiate and enter into a written advertising or sponsorship agreement with the Department or its contractor

B. An advertising or sponsorship agreement made between the Department, or its contractor, and the advertiser or sponsor may be of any duration up to five years and shall:

1. Provide economic viability and a net benefit to the public, in the discretion of the Department;

2. Include provisions for maintenance and removal of physical elements of the advertising or sponsorship acknowledgment after 2 the agreement expires or the advertiser or sponsor withdraws;

3. Identify any specific highway sites, corridors, or operations supported by any monetary contribution provided by a sponsor, if the sponsor is making a monetary contribution;

4. Be approved by the FHWA Division Administrator before it becomes effective, if the agreement involves the Interstate highway system;

5. Require that the authorized advertiser or sponsor comply with all state laws prohibiting discrimination based on race, religion, color, age, sex, national origin, and other applicable laws;

6. Include a termination clause, where applicable, based on:

a. Safety concerns, as determined by the Department in its sole discretion;

b. Interference with the free and safe flow of traffic, as determined by the Department in its sole discretion;

c. Construction activities approved or initiated by the Department in the area, which may pose conflicts with advertising or c sponsorship activities, including construction and maintenance projects, road widening, detour, diversion, rebuilding rerouting, temporary or permanent closure because of weather or other damage, land-use changes, changes in applicable federal or state laws, or any similar reason for termination of the agreement;

d. Payment default by the advertiser or sponsor;

e. Noncompliance with contractual terms or provisions of the agreement; or

f. A determination, made by the Department in its sole discretion, concluding that the agreement is not in the public interest

Include only the types of advertisers and sponsors deemed acceptable under applicable state and federal laws;

8. Recommend that for assets and facilities on which federal-aid funds were not used, the advertising or sponsorship revenue or 8 monetary contributions received as part of the agreement be used for highway purposes as permitted under state law;

9. Require that for assets and facilities on which federal-aid funds were used, the advertising or sponsorship revenue or monetary contributions received as part of the agreement be used only for highway purposes;

10. Require that for rest areas authorized for limited commercial activities under 23 U.S.C. 111, the advertising or sponsorship revenue or monetary contributions received as part of the agreement be used to cover the costs of acquiring, constructing, operating, and maintaining rest areas;

11. Require the advertiser or sponsor to certify that the advertiser or sponsor will comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and contractual requirements of the Department's advertising and sponsorship program and maintain content- and viewpoint-neutral standards as provided under this Article; and

12. Require the advertiser or sponsor to acknowledge that it is the Department's intent to preserve the assets and facilities of the Department as a non-public forum, notwithstanding the placement in those locations of the advertising or sponsorship content referenced in the agreement.

C. The Department or its contractor shall provide a copy of any signed advertising or sponsorship agreement to the advertiser or sponsor if approved.

D. All advertising or sponsorship agreements under this Article are public records under A.R.S. Title 39, Chapter 1, Article 2, and A.R.S. Title 41, Chapter 1, Article 21. The Department or its contractor shall not agree with any advertiser or sponsor to keep confidential, or not to disclose upon receipt of a public record request, either the content of any written agreement under this Article, or the negotiations leading up to any agreement, nor the advertiser's proprietary or trade information disclosed to the Department or its contractor in the course of negotiating or executing such written agreement, without regard to whether such information, including a logo, slogan, or other commercial message is claimed to be confidential, proprietary, trademarked, copyrighted, or otherwise registered by the advertiser, sponsor, or agent with rights reserved.

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-705 Advertising or Sponsorship Acknowledgment; Content Approval

A. An advertiser or sponsor authorized by the Department or it's contractor to participate in the Department's advertising and sponsorship program shall obtain Department approval of all advertising or sponsorship content, in accordance with the standards provided under this Article and any other applicable law, before the advertising or sponsorship content appears on any asset or facility the Department designates for adverting or sponsorship opportunities under this Article or any other advertising or sponsorship agreement.

B. An advertiser or sponsor shall deliver to the Department or its contractor for installation, advertising content, images, or copy that meets all of the Department's content standards and technical specifications provided under this Article for the appropriate creation and display of advertising or sponsorship acknowledgment.

C. For advertising on, or sponsorship of authorized assets and facilities of the Department, the Department or its contractor shall:

1. Review all advertising or sponsorship acknowledgment content for compliance with the standards provided under this Article and any other applicable law; and

2. Ensure that advertising or sponsorship acknowledgment content does not interfere with the business activities of the Department and its customers.

D. For monetary sponsorship of an element of the Department's operation of any highway-related assets and facilities, the Department or its contractor shall additionally:

1. Ensure that the most current FHWA policy directives are followed when using signs to acknowledge the provision of highway- related services under both corporate and volunteer sponsorship programs;

2. Ensure that all signs are of reasonable size, as determined by the Department, and as specified in the provisions of the MUTCD and FHWA policy directives; and

3. Ensure that all sign message content is simple, brief, and minimizes driver distraction.

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-706 Advertising or Sponsorship Acknowledgment; Prohibited Content

A. The Department shall deny a request for placement of advertising or sponsorship content if the content is not for a motor vehicle-, motorist-, or highway-related service, message, or product, unless otherwise authorized by law The Department shall also deny a request for placement of advertising or sponsorship content if the content is likely to:

1. Conflict with other advertising or sponsored content for which the Department has an existing or pending agreement;

2. Conflict with the reasonable standards established by the Department under this Section;

3. Conflict with the time, place, manner, or duration of the Department's office or highway operations or security;

4. Create an unreasonable risk of injury to a person or risk of damage to property;

5. Interfere with the work of a Department employee or the business or mission of the Department; or

6. Result in non-compliance with other applicable statutes or rules.

B. The Department, in its sole discretion, may reject types of advertising or sponsorship content that the Department deems unacceptable for its advertising and sponsorship program. Content deemed unacceptable by the Department for its advertising and sponsorship program shall include any advertising or sponsorship content that:

1. Contains obscene, pornographic, indecent or explicit messages, or contains an offensive level of sexual overtone, innuendo, or double entendre, as determined by the Department in accordance with community standards in the vicinity of where the content would be displayed;

2. Contains profanity or vulgar language;

3. Creates non-compliance with federal and state nondiscrimination laws, regulations, and policies;

4. Denigrates a person, organization, or group based on gender, sexual orientation, religion race, ethnic or political affiliations, or . national origin;

5. Includes the name of a person, organization, or group that has historically advocated the denigration of other persons or groups based on gender, sexual orientation, religion, race, ethnic or political affiliations, or national origin;

6. Includes or concerns political or election campaign messaging, imagery, or symbolism;

7. Promotes, identifies, highlights, criticizes or endorses a political candidate, political party or movement, or any ballot measure circulated, submitted, or scheduled for consideration by the electorate of any jurisdiction, past, present, or future;

8. Promotes, identifies, highlights, suggests, or expresses an opinion for or against contraceptive products or services, or any services related to abortion euthanasia, or counseling with regard to any of these products, services, procedures, or issues;

9. Promotes, identifies, highlights, suggests, or expresses an opinion for or against the use of alcohol, tobacco, marijuana or fire-arms;

Promotes, identifies, highlights, or suggests the use of a drug or other substance in violation of either federal or state law or regulations; or

11. Promotes, identifies, highlights, or suggests the use of products or services with sexual overtones such as massage parlors, escort services, or establishments for show or sale of X-rated, adult-only, or pornographic movies, products or services or for establishments primarily featuring nude or semi-nude images or performances.

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-707 Denial of a Request for Advertising or Sponsorship; Administrative Hearing; Time-frames

A. An advertiser or sponsor whose request for placement of advertising or sponsorship content is denied by the Department may request an administrative hearing in connection with the denial, or any other action taken by the Department in connection with the rules prescribed in this Article, as provided under A.R.S. Title 41, Chapter 6, Article 6, and Article 5 of this Chapter, as applicable.

B. If the Department denies a request for placement of advertising or sponsorship content, the Department or its contractor shall send written notification of the denial to the advertiser or sponsor within five calendar days of denying a request for placement of advertising or sponsorship content. Written notification of the denial shall state:

1. The Department's reason for the denial, citing all applicable supporting statutes or rules;

2. The advertiser's or sponsor's right to request a hearing under A.R.S. § 41-1065 to contest the Department's decision; and

3. The time-frame for requesting a hearing with the Department's Executive Hearing Office as prescribed under A.R.S. § 41-1065 and Article 5 of this Chapter.

C. If an advertiser or sponsor requests a hearing, the Department shall hold the hearing according to the procedures provided under A.R.S. Title 41, Chapter 6, Article 6, this Article, and 17 A.A.C. 1, Article 5, as applicable. The Department shall:

1. Schedule a hearing within 30 calendar days after receiving a written request for a hearing from an advertiser or sponsor;

2. Provide to the advertiser or sponsor who requested a hearing, a notice of the scheduled date and time of the hearing at least 20 calendar days before the date set for the hearing, as prescribed under A.R.S. § 41-1061;

3. Ensure that the presiding officer makes a written determination of the presiding officer's decision or order, including findings of fact and conclusions of law, within 10 calendar days after concluding the hearing; and

4. Mail a copy of the written determination to the advertiser or sponsor who requested the hearing.

D. The scope of the hearing shall be limited to a determination of whether the Department possessed grounds to take the action indicated in the notice of action provided by the Department in connection with the rules prescribed in this Article.

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-708 Program Administration; Pricing and Lease Procedures; Priority; Renewal

A. For administration of the Department's advertising and sponsorship program, the Department or its contractor may use:

1. Rate schedules that are established and periodically adjusted by the Department; or

2. Competitive pricing established by one or more offers from potential or current advertisers or sponsors.

B. The Department or its contractor may use competitive pricing or rate schedules to determine the ranking order of potential or current advertisers or sponsors who may be awarded advertising and sponsorship opportunities at specific locations authorized by the Department for such activities.

C. In determining competitive pricing and rate schedules, the Department may consider the amount of space available for advertising and sponsorship activities, and one or more of the following additional factors:

1. The average annual daily traffic at, or adjacent to, the location of the Department's available asset or facility;

2. The population mix and relative distribution between all other advertisers or sponsors that meet all of the Department's advertising and sponsorship program requirements;

3. The ranking order determined by the Department or its contractor based on existing rate schedules or competitive pricing proposed or offered by potential or current advertisers or sponsors for each Department authorized location; or

4. The competitive market conditions, as well as economic, regulatory, logistical, and other related factors as determined by the Department or its contractor.

D. If any of the factors provided under subsection (C) are used in determining competitive pricing or rate schedules, the Department or its contractor shall make the information relevant to these factors available to advertisers and sponsors on the Department's or its contractor's website.

E. If a clear ranking order of preference for awarding a specific location cannot be determined using the factors provided under subsection (C), the Department or its contractor shall prioritize the remaining requests for advertising or sponsorship opportunities based on the following additional factors, in order:

1. The advertiser or sponsor having the closest business location to the Department facility or asset location requested;

2. The advertiser or sponsor providing the most business days and hours of service to the public; and

3. The advertiser or sponsor first requesting authorization to place advertising or sponsorship content on the Department authorized facility or asset at that location.

F. If a potential advertiser or sponsor requests placement of advertising or sponsorship content on a specific Department facility or asset where there are no available placements, a competitive bidding process may be used to determine which potential advertiser will participate, assuming the Department determines in its sole discretion that the location may be made available for advertising or sponsorship.

G. The Department or its contractor may choose not to renew an existing advertising or sponsorship agreement, or an advertising or sponsorship agreement expiring within the next 60 calendar days, if another eligible advertiser or sponsor with a higher priority ranking requests placement of advertising or sponsorship content at that same location.

H. The Department or its contractor may collect all applicable taxes due from an advertiser or sponsor under the advertising or sponsorship agreement.

I. An advertiser or sponsor may request reimbursement of any pre-paid lease payments if, for a reason solely caused by the Department or its contractor, the Department or its contractor does not install the advertiser's or sponsor's content or copy within 90 calendar days after receiving the pre-paid lease payments.

J. The Department or its contractor shall refund any pre-paid lease payments to an advertiser or sponsor within 30 calendar days after the advertiser or sponsor requests reimbursement under subsection (I).

K. The Department may require an advertiser or sponsor who requests reimbursement of pre-paid lease payments to provide additional information if required by the State of Arizona for processing a refund.

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-709 Acknowledgment Signs and Plaques; Design and Placement

A. The Department may acknowledge sponsors with acknowledgment signs or plaques. Acknowledgment signs and plaques shall meet all of the general principles and specific design and placement criteria prescribed in the MUTCD, Part 2, Signs, as supplemented by the most recent edition of the FHWA Standard Highway Signs and Markings Book:

1. An acknowledgment sign is installed only as an independent sign assembly unless the acknowledgment sign is part of the Department's Adopt-a-Highway Volunteer Program; and

2. An acknowledgment plaque is installed only in the same sign assembly below a primary sign that provides the road user specific information on accessing the service being sponsored. A plaque legend is displayed on a separate substrate from that of the sign below which it is mounted.

B. Acknowledgment signs and plaques shall:

1. Be appropriately sized for the legibility needs of a bikeway or path user when located on a bikeway or shared-use path;

2. Be placed near the site being sponsored, consistent with the purpose and principles of traffic control devices in the MUTCD, Part 1, General and Part 2, Signs

3. Be placed approximately one mile away from other acknowledgment signs or plaques associated with the same element of the Department's highway operation, such as Adopt-a-Highway, when facing the same direction, as consistent with the purpose and principles of traffic control devices in the MUTCD, Part 1, General and Part 2, Signs;

4. Display no directional information or indicators;

5. Display no telephone numbers, internet addles, or other legends prohibited by the MUTCD for the purpose of contacting the sponsor or to obtain information on the sponsorship program, such as how to become a sponsor at an available site, unless such information is part of the sponsor's official name; and

6. Remain in place only for the duration of the sponsorship agreement.

C. The Department or its contractor shall not place acknowledgment signs or plaques at key decision points where a driver's attention is more appropriately focused on traffic control devices, roadway geometry, or traffic conditions.

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-710 Criteria for Highway-related Acknowledgment Signs and Plaques

A. For highway-related sponsorship opportunities, the Department or its contractor shall:

1. Ensure that acknowledgment signs and plaques take only the form of static, non-changeable, non-electronic legends to maintain the recognition value of official devices used for traffic control;

2. Ensure that messages on acknowledgment signs and plaques are not interspersed, combined, or alternated with other official traffic control messages, either in the same display space, by adjacency in the same assembly, or by adjacency of multiple assemblies whose longitudinal separation does not meet the placement criteria contained in the MUTCD, including when placed on opposite sides of the roadway facing the same direction of travel, except as provided for acknowledgment plaques under R17-E-711(B);

3. Ensure that the focus remains on the service provided rather than on the sponsor, and that the sponsor logo area on an acknowledgment sign or plaque is a horizontally oriented rectangle, consistent with the provisions on business logos in the MUTCD, Chapter 2J, Specific Service Signs. The width of the rectangle shall be at least approximately 1.67 times its height, the total area of which shall not exceed the maximum referenced or specified in this Article or the MUTCD. The word legend describing the activity, such as "SPONSORED BY," shall be composed of upper-case lettering of the FHWA standard alphabets at least tree inches high on conventional roads and at least four inches high on expressways and freeways;

4. Ensure that any slogan displayed on an acknowledgment sign is a brief jurisdiction-wide slogan or that of a program name, such as "ADOPT-A-HIGHWAY" Slogans for companion, supplementary, or other programs unrelated to the service being sponsored shall not be displayed on any acknowledgment sign or plaque, in accordance with the MUTCD, Section 2H.08, Acknowledgment Signs.

5. Ensure that if a graphic business logo is used to represent a sponsor, instead of a word legend using the FHWA Standard Alpha- bets, the logo is the principal trademarked official logo that represents the business name of the sponsor Secondary logos or representations, even if trademarked, copyrighted, or otherwise protected, are classified as promotional advertising and are not allowed as provided under the MUTCD, Section 1A.01, Purpose of Traffic Control Devices;

6. Ensure compliance with the following design guidelines if a graphic business logo is used to represent a sponsor:

a. Logos shall be as simple as possible and provide good readability during both daylight and nighttime hours;

b. Logos may consist of a symbol, trademark, or a legend message identifying the name or abbreviation of a specific business;

c. Logos shall not contain a telephone or fax number street name, e-mail or web address, or a direction indicator as part of the business logo unless such information is part of the sponsor's official name;

d. Logos shall not resemble an official traffic control device; and

e. Symbols or trademarks used alone for acknowledgment shall be simple and dignified and reproduced in the colors and general shape consistent with customary use, and any integral legend shall be in proportionate size.

7. Obtain an encroachment permit if applicable under 17 A.A.C. 3, Article 5, before installing, maintaining, or removing sponsor- ship content or copy from a highway-related facility or asset of the Department located along a state highway; and

8. Determine the best placement of sponsorship content or copy and cooperate with the sponsor to provide all appropriate information to the public as outlined in both the contract and the sponsorship agreement, while remaining in full compliance with any encroachment permit requirements, if the contractor requests an encroachment permit under 17 A.A.C. 3, Article 5.

B. For highway-related sponsorship opportunities, the Department or its contractor shall not:

1. Install acknowledgment signs or plaques overhead due to maximum overall size limitations and related safety considerations. Only roadside, post-mounted installations of acknowledgment signs and plaques are allowed;

Allow promotional advertising on any traffic control device or its supports, as provided under the MUTCD, Section 1A.01, Purpose of Traffic Control Devices;

3. Allow acknowledgment signs and plaques to contain an alternative business name that appears to have the sole or primary purpose of circumventing the MUTCD provisions. Such content or copy is considered promotional advertising rather than acknowledgment of a sponsor providing a highway-related service; and

4. Allow sponsorship acknowledgment signs or plaques that include displays that mimic, or in the Department's sole discretion, attempt to mimic, imitate, or resemble advertising. The determination of whether a sign mimics or constitutes advertising lies solely with the Department, applying in good faith the relevant standards set forth by the FHWA.

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-711 Highway-related Sponsorship Restrictions and Allowances; Existing Leases or Agreements

A. For sponsorship of rest areas, the Department or its contractor:

1. May install one acknowledgment sign for each direction of travel on the highway mainline;

2. May place additional acknowledgment signs within a rest area, provided that the sign legends are not visible to the highway mainline traffic and do not pose safety risks to rest area users;

3. Shall not append acknowledgment signs to any other sign, sign assembly, or other traffic control device; and

4. Shall not place acknowledgment signs within 500 feet of other traffic control devices located on the highway mainline.

B. For sponsorship of travel service programs that are not site specific, such as 511 traveler information, radio-weather, radio-traffic, and emergency service patrol, the Department or its contractor may mount an acknowledgment plaque below a general service sign for that program in the same sign assembly. The acknowledgment plaque shall:

1. Be a horizontally oriented rectangle, with the horizontal dimension longer than the vertical dimension;

2. Be of a size not to exceed approximately one-third of the area of the general service sign below which it is mounted or 24 square feet, whichever is less;

3. Be of a size not to exceed approximately one-third of the area of the largest size prescribed in the MUTCD for the specific standard sign below which the acknowledgment plaque is mounted, even if the standard sign was enlarged under the MUTCD, Sections 2A.11, Dimensions and 21.01, Sizes of General Service Signs, or was designated in the MUTCD as being oversized for its application; and

4. Be of a size that is equivalent to the unmodified national standard for the sign, as provided in the MUTCD, even if the size of the standard sign is modified based on the Arizona supplement to the MUTCD, or other equivalent, and would result in a sign size larger than that of the standard sign prescribed in the MUTCD.

C. For sponsorship by way of providing highway-related services, products, or monetary contributions that result in a naming sponsor-ship granted by the Department, where the sponsor is allowed naming rights to an officially mapped, named or numbered highway, the Department or its contractor

1. May use only acknowledgment signs to place an unofficial overlay or secondary designation in the name of the sponsor on the official highway name or number through proclamation, contract, agreement, or other means for acknowledgment within the highway right-of-way; and

2. Shall not display on an acknowledgment sign a legend that states, either explicitly or by implication, that the highway is named for the sponsor

D. For the purpose of protecting life or property, the Department may install on any highway or non-highway asset or facility under its jurisdiction a changeable message sign, traffic control device, or other official sign provided by a sponsor The name of the sponsor who made placement of the item possible may be affixed to the official sign or device in a conspicuous location visible from the main travelled roadway, unless specifically prohibited by federal law including on the sign base, apron, supports, or other structural member No more than one sponsor's name may appear on any one official sign or device at any given time

E. The Department or its contractor shall solely determine the placement of any new advertising or sponsorship content as new opportunities arise, whether a previously leased location is vacated, a waiting list exists, another advertiser or sponsor seeks to lease or sponsor a specific asset or facility, or a new location is identified and made available for advertising or sponsorship opportunities.

F. The provisions of this Article apply to new and modified acknowledgment sign installations in support of national uniformity and consistency. Acknowledgment signs installed prior to the effective date of this Section are subject only to the terms and conditions provided in any existing lease or other agreement already in effect between the Department and an advertiser or sponsor Replacement of an existing acknowledgment sign for compliance with this Article is not required unless the currently installed acknowledgment sign is no longer serviceable or the advertiser or sponsor requests a modification of the sponsor name or logo that is consistent with this Article.

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-712 Program Eligibility and Compliance

A. An advertiser or sponsor participating in the Department's advertising and sponsorship program shall ensure compliance with A.R.S. § 28-7316 and all criteria established under this Article.

B. The Department or its contractor may choose not to enter into, or renew an advertising or sponsorship agreement if the eligibility criteria provided under this Article is not met.

C. An advertiser or sponsor is ineligible to place advertising or sponsorship content on any asset or facility of the Department if

1. Thirty calendar days have elapsed since the Department or its contractor issued a notice of default to the advertiser or sponsor and the default remains uncured, or

2. The advertiser or sponsor has defaulted on an advertising or sponsorship agreement made with the Department or its contractor

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-713 Advertising or Sponsorship Agreement or Lease Termination

A. If an advertiser or sponsor becomes ineligible to participate in the Department's advertising and sponsorship program, the Department or its contractor shall remove any existing content or copy from the Department asset or facility after notifying the ineligible advertiser or sponsor as provided in the advertising or sponsorship agreement.

B. An advertiser or sponsor who becomes ineligible to participate in the Department's advertising and sponsorship program may be held responsible for the costs involved with removal or reinstallation of advertising or sponsorship acknowledgment signs in accordance with the terms and conditions provided in the advertiser's or sponsor's written lease or other agreement with the Department or its contractor

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Ariz. Admin. Code § R17-1-714 Removal of Advertising or Sponsorship Content; Program Termination

A. If the Department temporarily requires removal of an acknowledgment sign or advertising or sponsorship content or copy from any Department facility or asset for construction activities in the area that may pose conflicts with the sponsorship, as provided under R17-1-704(B) (i.e sign needs to be removed due to a road widening project), the Department or its contractor, in its sole discretion,

Relocate the acknowledgment sign or advertising or sponsorship content or copy to a comparable site for the duration of the advertising or sponsorship agreement, if requested by the advertiser or sponsor and the acknowledgment sign or advertising or sponsorship content or copy is for a program that is not site-specific; or

2. Re-erect the acknowledgment sign or advertising or sponsorship content or copy at its original location once the construction activities are completed if possible, and revise the original advertising or sponsorship agreement to remain in place until the minimum lease obligations are fulfilled.

B. If the Department's advertising and sponsorship program is terminated, the Department or its contractor shall:

1. Notify an advertiser or sponsor by mail, or a mutually agreed upon electronic communication method, of the program termination and the location where an advertiser or sponsor may claim its materials, if any;

2. Remove all advertising or sponsorship content or copy from any Department facilities or assets; and

3. Refund unused lease payments to each advertiser or sponsor on a prorated basis.

History

• Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.

Chapter 2 DEPARTMENT OF TRANSPORTATION - AERONAUTICS

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R17-2-101 Definitions

In this Chapter, the following definitions shall apply:

"ADOT" means the Arizona Department of Transportation.

"After-hours" means hours beyond those determined by airport management as appropriate to meet the seasonal demand.

"Aircraft ramp area" means an artificially surfaced section of airport ground designed and used for aircraft parking with access to a taxiway.

"Airport" means the geographical boundaries of the property owned by the Arizona Department of Transportation known as the Grand Canyon National Park Airport.

"Airport business" means any business venture operating inside the boundaries of the Grand Canyon National Park Airport or relying on business generated as a result of the presence of the airport, its customers, or employees.

"Airport gate" means an entryway onto an apron, not on leased property, whether through a fence or a building.

"Airport leaseholder" means a user of the airport under a lease agreement with the Department.

"Airport management" means one or more persons designated by the Director as responsible for the management of the airport and its operations.

"Airport operations area" means an area of the airport, within a fenced perimeter, including a runway, taxiway, apron, or other FAA-mandated safety areas that are used or intended to be used for landing, takeoff, or the surface maneuvering of aircraft.

"Airport terminal building" means a building owned by the airport that is used for accommodating the enplaning and deplaning of passengers and other associated activities.

"Apron" means an artificially surfaced area of ground designed and used for the parking and storage of aircraft at an airport.

"Commercial aviation" means the scheduled or non-scheduled transportation by air of persons or property for compensation or hire under FAA regulations.

"Commercial fuel handling" means the sale, storage, transportation, or distribution of fuels for compensation.

"Commercial ground transportation" means the non-air transportation of persons or property to or from the airport for compensation.

"Commercial service aircraft" means any aircraft while being used for commercial aviation purposes.

"Commercial service aircraft passenger" means a person, other than aircraft flight crew, who enplanes, deplanes, or who is onboard a commercial service aircraft.

"Commercial use ramp" means an apron designated by airport management for the parking of commercial service aircraft and the enplaning or deplaning of commercial service aircraft passengers.

"Direct costs" means labor, materials, and variable overhead expenses that are directly associated with a specific service.

"Direct phone" means telephone service directly to hotels, motels, or other businesses.

"Director" means the Director of the Arizona Department of Transportation or the Director's designee.

"Disabled aircraft" means an aircraft that requires assistance to move from any position on a runway, taxiway, or apron area of the airport.

"Disabled aircraft support equipment" means any equipment used to assist aircraft movement from any position on a runway, taxiway, or apron area of the airport.

"Electronic access security badge" means a credential issued by airport management to a person for identification as an employee of the airport, an airport tenant, or an airport contractor authorized to open electronically controlled gates.

"FAA" means the Federal Aviation Administration of the United States Department of Transportation.

"Fixed base operator" means an airport business that provides airport user services, including but not limited to, commercial fuel handling within the boundaries of the airport.

"Fuel" means all flammable fluids composed of a mixture of selected hydrocarbons manufactured and blended for the purpose of aircraft, railroad, or motor vehicle propulsion.

"Fuel supplier" means an airport business that dispenses fuel to retail customers or into vehicles owned or operated by that business.

"Lease" means a contract granting use or occupation of property during a specified period in exchange for a specified compensation.

"License agreement" means a contract granting use or occupation of a portion of the terminal or other state-owned building in exchange for a specific compensation.

"Maximum landing weight" means the maximum weight at which an aircraft may normally be landed as determined by the manufacturer.

"NFPA" means the National Fire Protection Association.

"Non-terminal ramp area" means the portion of aircraft ramp area designated by airport management for the parking of aircraft when use of a terminal building is not required.

"Overnight parking" means the act of leaving a motor vehicle unoccupied between the hours of sunset and sunrise on airport property that is not leased.

"Permit holder" means a person, partnership, association, firm, or corporation that owns or operates a business at the airport under a use permit.

"Public use terminal" means a structure designated for use by the general public that is not specifically restricted or dedicated to any one airport business.

"Retail sales" means all sales activities at the airport not directly related to the transportation of persons or property. Sales include but are not limited to food, beverages, souvenirs, sundries, books, newspapers, and magazines.

"Rotorcraft" means a heavier-than-air aircraft that depends principally for its support in flight on the lift generated by one or more rotors.

"Security badge" means a credential issued by airport management to a person for identification as an employee of the airport, an airport tenant, or an airport contractor.

"Self-fuel dispensing or handling" means non-commercial fuel delivery to an aircraft, provided by the owner or operator.

"State" means the state of Arizona or its agents.

"Sunset" and"sunrise" have the same meaning and daily calculation as prescribed by the United States Naval Observatory (USNO), which is available on the internet at http://aa.usno.navy.mil or in hardcopy format from airport management.

"Taxiway" means an artificially surfaced strip of ground designed and used for the ground movement of aircraft at an airport.

"Terminal ramp area" means the portion of aircraft ramp area designated by airport management for the parking of aircraft when use of a terminal building is required.

"Terminal road" means an artificially surfaced strip of ground positioned in front of an airport terminal building, which is designated by airport management for the parking of vehicles and the loading or unloading of passengers.

"Terminal space" means any area within a structure designated as a terminal and used by the public for transitioning between aircraft and ground transportation.

"TSA" means the Transportation Security Administration of the United States Department of Homeland Security.

"Use permit" means a contract granting the privilege to conduct commercial operations at the airport in exchange for a specific compensation.

"Vehicle" means any equipment, other than aircraft, that is used for transporting persons or property.

History

• Adopted effective May 2, 1990 (Supp. 90-2). Amended effective March 17, 1995 (Supp. 95-1). Amended by final rulemaking at 12 A.A.R. 4437, effective January 6, 2007 (Supp. 06-4). Amended by final rulemaking at 17 A.A.R. 2151, effective January 1, 2012 (Supp. 11-4).

Article 2 GRAND CANYON NATIONAL PARK AIRPORT - OPERATION AND MANAGEMENT

Ariz. Admin. Code § R17-2-201 Fees and Charges for Services and Use of Facilities and Equipment at the Airport

The fees and charges in Table 1 apply to all tenants and users of the airport and its facilities.

History

• Adopted effective May 2, 1990 (Supp. 90-2). Amended effective February 17, 1994 (Supp. 94-1). Amended by final rulemaking at 12 A.A.R. 4437, effective January 6, 2007 (Supp. 06-4). Amended by final rulemaking at 17 A.A.R. 2151, effective January 1, 2012 (Supp. 11-4).

Ariz. Admin. Code § R17-2-202 Airport Use Permits

A. A user operating commercially at the airport shall first obtain a use permit or be subject to a $100.00 fine for each infraction. Use permits are required for the following activities:

1. Commercial aviation;

2. Commercial ground transportation;

3. Commercial fuel handling; and

4. Airport business.

B. An aircraft owner or operator desiring to dispense fuel to the owner's or operator's own aircraft shall first obtain a self fueling or handling permit or be subject to a $100.00 fine for each infraction.

C. A use permit shall contain, at minimum, provisions governing the following subjects:

1. Minimum insurance coverage in the amount required by the Department of Administration's Risk Management Section, naming the state as co-insured;

Billing, payment, and audit procedures and the penalties for non-compliance;

3. Data reporting in a timely manner, upon request of the airport management or other agency. This data may include, but is not limited to:

a. Gross receipts,

b. Aircraft landings,

c. Aircraft tie-downs,

d. Equipment utilized,

e. Enplanements,

f. Gallons and types of fuel pumped, and

g. Passengers transported each way, to or from the airport;

4. A list of all employees with access to airport security areas and any changes in the list. In addition, the fixed base operator shall provide verification of compliance with employee security checks required under federal, state, and local laws, rules, regulations, and policies governing the use of the airport;

5. Evidence of compliance with all other jurisdictions' requirements for permits, licenses, insurance and certificates; and

6. Detailed descriptions of any space within the public use terminal assigned to the commercial user and provisions describing allowable uses for the space as well as minimum expected maintenance of the facilities provided.

History

• Adopted effective May 2, 1990 (Supp. 90-2). Amended by final rulemaking at 12 A.A.R. 4437, effective January 6, 2007 (Supp. 06-4).

Ariz. Admin. Code § R17-2-203 Minimum Requirements for Fixed Base Operators

A. Before entering into a contract or commencing any operation at the airport as a fixed base operator, each fixed base operator shall:

1. Hold a commercial fuel handling use permit;

2. Submit to airport management, a verified statement that contains a detailed description of the scope of the intended operation. This statement shall include:

a. The means and methods that will be employed to accomplish the aviation operation, including how the operating standards and requirements will be met; and

b. The nature of ownership and the responsible parties. If the responsible party is:

i. An individual, include the person's name and address;

ii. A partnership, include the names and addresses of all the partners; or

iii. A corporation, association, or other organization, include the names of the president, vice president, secretary, and managing officer or managing employee;

3. Possess a minimum of three years experience, within the past five years, in managing a fixed base operation at an airport.

a. The experience requirement applies either to:

i. The individual owner, if a sole proprietorship;

ii. One of the partners, if a partnership; or

iii. The permanent full-time managing officer or employee, if a corporation.

b. If more than one person shares the full-time management responsibilities and duties of the organization, their collective management experience may be used to satisfy subsection (A)(3) if that experience encompasses each particular service or operation proposed;

4. Provide to airport management, a complete certified financial statement, prepared by an independent accounting firm;

Provide to airport management, evidence of current public liability insurance coverage in the minimum amount required by the Department of Administration's Risk Management Section, naming the state as co-insured. Hangarkeeper's liability insurance may be required if aircraft are on the premises for safekeeping, storage, service, or repair; and

6. Submit to airport management, a verified statement that there is a commitment from a fuel supplier to supply fuel. The commitment shall specify the types and volumes of fuel available to the fixed base operator.

B. Upon commencing operations, a fixed base operator shall:

1. Provide to airport management, an annual financial statement at the close of the state's fiscal year;

2. Obtain and keep current, during the term of the use permit, all required federal, state, and local licenses and ensure compliance with all federal, state, and local laws, rules, regulations, and policies governing the use of the airport;

3. Remain available as required by airport management, either individually or in connection with the other fixed base operators situated at the airport, to provide service and to respond to emergencies during after-hours;

Report all data pertaining to gallons and types of fuel pumped and other types of information as required by additional use permits. Reports shall be provided to the airport management and other requesting agencies in a timely manner;

5. Report all activity for which fees are established and pay all fees before the 10th calendar day of each month;

6. Retain all financial records at the airport for five years and comply with all auditing requirements in the use permit;

7. Provide airport management with a list of all employees with access to airport security areas and notify airport management of any changes;

8. Provide verification of compliance with employee security checks required under federal, state, and local laws, rules, regulations, and policies governing the use of the airport;

9. Comply with all FAA and NFPA inspection criteria;

10. Provide airport management with a copy of written fueling operations procedures, safety and inspection manuals, and records, as required by FAA and NFPA regulations; and

11. Maintain an approved, written, spill-prevention contingency and control plan that meets all applicable federal and state standards.

History

• Adopted effective May 2, 1990 (Supp. 90-2). Amended by final rulemaking at 12 A.A.R. 4437, effective January 6, 2007 (Supp. 06-4). Section heading corrected per Department's request as amended by final rulemaking at 12 A.A.R. 4437, effective January 6, 2007 (Supp. 09-2).

Ariz. Admin. Code § R17-2-204 Airport Ground Leases

A. The Division may enter into leases of airport property for the operation of businesses that foster the development of the airport.

B. All leases of airport property, other than the existing or any future public use terminal facility, shall be based on a competitive sealed proposal process as specified in A.R.S. § 41-2534. At minimum, leases shall be based on a price per square foot of property as valued through an appraisal of that property. In addition, leases shall contain provisions for not less than the percentage in the following schedule:

1. Food and beverage - 5%

2. Rental of personal property - 10%

3. Retail sales of merchandise

• 10%

4. Other - As negotiated

History

• Adopted effective May 2, 1990 (Supp. 90-2). Amended by final rulemaking at 12 A.A.R. 4437, effective January 6, 2007 (Supp. 06-4).

Ariz. Admin. Code § R17-2-205 Airport Parking Limitations; Prohibited Activities

A. For a special occasion, or during an emergency, airport management may impose parking limitations as circumstances require.

B. A person or entity using the airport and its facilities shall not:

1. Park a vehicle in an area designated a no parking zone as indicated by a sign or red painted curb;

2. Drive or park a vehicle in any area on airport property that is closed by the use of a barricade, chain, or other traffic control device;

3. Park a vehicle on a pedestrian path, sidewalk, or safety zone;

4. Park a vehicle in a manner or location that obstructs another parked vehicle; or

5. Camp on airport property.

History

• Adopted effective March 17, 1995 (Supp. 95-1). Amended by final rulemaking at 12 A.A.R. 4437, effective January 6, 2007 (Supp. 06-4).

Ariz. Admin. Code § R17-2-206 Airport Impoundment Procedures; Notice of Impound

This Section applies to all persons or entities using the airport and its facilities:

1. Airport management may remove and impound any aircraft or other vehicle found on state property if an owner has:

a. Parked the aircraft or vehicle in an area designated and posted as a restricted area;

b. Parked the aircraft or vehicle in violation of this Article;

c. Abandoned the aircraft or vehicle on airport property for more than 14 days without prior notification and permission of airport management;

d. Failed to pay parking fees for 15 days after the date a parking statement is attached to the aircraft or vehicle, indicating that a parking fee is due; or

e. Parked the aircraft or vehicle in a manner or location that constitutes a hazard or impediment to the general public or to the movement and operation of aircraft or emergency equipment.

2. Notice of Impound.

a. An authorized agent of the airport's management, at the time of removal for impound, shall post a Notice of Impound as near to the location from which the aircraft or vehicle was removed as is practical, and a copy of the notice shall be mailed to the address listed on the:

i. Aircraft or vehicle,

ii. Vehicle registration in the aircraft or vehicle, or

iii. Airport records.

b. If no address is available under subsection (2)(a), airport management, within a period of 10 business days from the date of impoundment, shall twice publish the Notice of Impound in a daily newspaper with a general circulation in Coconino County. The notice shall describe the:

i. Aircraft or vehicle,

ii. Parking violation that necessitated the impoundment,

iii. Location to which the aircraft or vehicle was impounded,

iv. Name and address of the person to contact regarding the impoundment, and

v. Owner's right to file a request for a hearing under subsection (5).

3. Airport management shall ensure that:

a. A vehicle is removed by a tow truck registered with the Department of Public Safety, and

b. An aircraft is removed by a fixed base operator that has complied with R17-2-203.

4. Costs to owner. The owner of an aircraft or vehicle is responsible for all costs involved in the removal, impoundment, and storage of the aircraft or vehicle, plus any costs incurred by publication of the Notice of Impound.

Hearing requests. Any person subject to a decision made by airport management under this Chapter may request a hearing with the Director. The person shall submit a written request for the hearing to the Department not more than 30 days after the action taken by airport management. The hearing shall be held in accordance with A.R.S. Title 41, Chapter 6, Article 6.

History

• Adopted effective March 17, 1995 (Supp. 95-1). Amended by final rulemaking at 12 A.A.R. 4437, effective January 6, 2007 (Supp. 06-4). Amended by final rulemaking at 17 A.A.R. 2151, effective January 1, 2012 (Supp. 11-4).

Article 3 [Effective 8/3/2025] AIRCRAFT REGISTRATION

Ariz. Admin. Code § R17-2-301 [Effective 8/3/2025] Definitions

The following terms apply to this Article unless otherwise specified:

"Aircraft" has the same meaning as defined in A.R.S. § 28-8201.

"Aircraft fees" means the fees due to the Department at the time of registration and consisting of the general registration fee imposed under A.R.S. § 28-8325; the license tax imposed under A.R.S. Title 28, Chapter 25, Article 4; and applicable penalty.

"Day" means the 24-hour period from one midnight to the following midnight.

"Department" has the same meaning as defined in A.R.S. § 28-101.

"Expiration date" means the day, month, and year in which an aircraft registration expires.

"Initial registration" means the first time an aircraft is subject to registration in Arizona.

"Lien recording fee" means the recording fee prescribed by the Federal Aviation Administration.

"Registration certificate" means proof, issued by the Department, of the aircraft's registration in this state.

"Registration cycle" means the time-frame during which an aircraft registration is valid.

History

• New Section made by final rulemaking at 31 A.A.R. 1950, effective 8/3/2025.

Ariz. Admin. Code § R17-2-302 [Effective 8/3/2025] Aircraft Registration

A. The Department shall assign a staggered expiration date when issuing an initial registration to an aircraft.

1. The initial registration expires on the last day of the month, 12 months from the month the aircraft is subject to Arizona registration.

2. The subsequent expiration dates expire 12 months from the expiration of the previous registration cycle.

B. Registration requirements. A person applying to register or to renew the registration of an aircraft shall submit the following:

1. A request for registration from either:

a. A completed application for aircraft registration, provided by the Department, when applying for registration; or

b. Identifying aircraft registration information as indicated by the Department when renewing a registration;

2. Payment of aircraft fees, as applicable, which may be submitted as multiple partial payments, but the registration of the aircraft is not complete until the full payment is received; and

3. An aircraft exemption affidavit, if applicable.

C. Exemptions. A person who owns an aircraft exempt from registration or license tax or both must declare their exempt status on an aircraft exemption affidavit, provided by the Department, at the time of registration. An active-duty military personnel member must resubmit the affidavit annually and a tribal member will need to resubmit the affidavit if the tribal member's address changes.

D. Proration of fees. The Department shall prorate an aircraft license tax as applicable under A.R.S. § 28-8322.01.

E. Date of receipt. The date of receipt for the items required under subsections (B) and (C) shall be the following:

1. The date of the completed electronic transaction, or

2. The date of the postmark stamped on the mailed items.

F. Evidence of registration. The Department shall issue a registration certificate and receipt as evidence of registration.

G. Assessment, penalty, and lien. A person that fails to register and pay their aircraft fees in full within 60 days of the aircraft's entry into this state, within 60 days of purchase or lease, or by the annual expiration date established in subsection (A) will be subject to an assessment under A.R.S. § 28-8328 and a penalty under A.R.S. § 28-8329. To determine if an assessment is to be issued, any part of a calendar day that an aircraft spends on the ground is counted as one day toward the determination of whether the aircraft is required to be registered and whether aircraft registration fees, assessments, penalties, and liens are to be collected. After 30 days from the issuance of the assessment, the Department may record a lien under A.R.S. § 28-8330 on the aircraft. To release the lien, a person will need to submit to the Department the full payment of the outstanding aircraft fees and a lien recording fee when the lien is filed with the Federal Aviation Administration.

H. Fleet. A person who owns two or more aircraft may request to have the aircraft registrations expire on the same date by submitting an application provided by the Department and a list of all aircraft to be included in the fleet at least 30 days before the registration.

1. The Department shall establish a registration cycle that expires on the last day of the month selected by the aircraft owner. The month selected must be the established expiration month of a currently registered aircraft.

Aircraft eligible to be placed into an unexpired fleet must be within at least three months prior to the aircraft's registration expiration date, if currently registered, or at any time, if the aircraft's registration is expired.

3. The Department shall prorate aircraft license tax as applicable under A.R.S. § 28-8322.02.

4. The person shall pay any aircraft fees and submit an aircraft exemption affidavit, if applicable.

History

• New Section made by final rulemaking at 31 A.A.R. 1950, effective 8/3/2025.

Chapter 3 DEPARTMENT OF TRANSPORTATION HIGHWAYS

Article 1 REPEALED

Ariz. Admin. Code § R17-3-101 Reserved

Ariz. Admin. Code § R17-3-102 [REPEALED]

History

• Former Rule, ASHC Resolution. Former Section R17-3-10 renumbered without change as Section R17-3-102 (Supp. 88-4). Repealed effective May 31, 1991 (Supp. 91-2).

Article 2 MANAGEMENT OF CONTRACTOR BIDDING

Ariz. Admin. Code § R17-3-201 General

A. Definitions.

1."Application" means a request for contractor prequalification, consisting of an application booklet available from the Department's office of Contracts and Specifications, and a financial statement prepared according to the requirements of this subsection and R17-3-202.

2."Board" means the Contractor Prequalification Board.

3."Compiled financial statement" means a financial statement prepared for form, appropriateness, and arithmetic accuracy. It does not express an opinion or provide any assurance regarding the financial statement.

4."Contractor" means the individual, partnership, firm, corporation, joint venture, or any combination acceptable to the Department, that seeks to contract with the Department for constructing or reconstructing state transportation facilities, unless the context requires otherwise.

5."Contractor prequalification" means the Department's process of review and evaluation of a contractor's work history and current financial condition before a contractor is allowed to submit a proposal for constructing or reconstructing state transportation facilities.

6."Department" means the Arizona Department of Transportation.

7."Examined financial statement" means a financial statement that includes the amounts and disclosures in the firm's financial statement, an assessment of the accounting principles used and the significant estimates made by management, and an evaluation of the overall financial statement presentation.

8."Financial statement" means a financial report prepared according to generally accepted accounting principles by an independent certified public accountant or an independent public accountant. The financial statement includes a cover letter on the accountant's letterhead, a balance sheet, a statement of cash flows, an income statement, and all notes and appropriate supporting schedules.

9."Joint venture" means the combination of two or more contractors for the purpose of submitting a proposal to the Department and performing a contract for constructing or reconstructing state transportation facilities.

10."Prequalification amount" means the dollar limitation of each contract, based on the Department's estimate of contract value, for which a contractor may submit a proposal to the Department for constructing or reconstructing state transportation facilities.

11."Reviewed financial statement" means a financial statement that includes an inquiry of company personnel, and a review of the analytical procedures applied to the financial data. It does not express an opinion regarding the financial statement taken as a whole.

12."State Engineer" has the meaning in A.R.S. § 28-6901(3).

B. Contractor Prequalification Board.

1. The State Engineer shall appoint the Board to consider and decide on applications for contractor prequalification.

2. The Board will be comprised of three Department employees, one of whom shall be a professional engineer, registered by the Arizona Board of Technical Registration, and one a certified or licensed public accountant.

3. The Board's authority to determine prequalification does not limit the Department's ability to establish additional criteria for contracts.

History

• Adopted effective March 3, 1987 (Supp. 87-1). Amended by final rulemaking at 8 A.A.R. 79, effective December 10, 2001 (Supp. 01-4).

Ariz. Admin. Code § R17-3-202 Contractor Prequalification

A. Criteria. An applicant for contractor prequalification shall include on the application and the Board shall consider the following information in determining the prequalification amount for a contractor:

1. Key personnel and their work experience,

2. Organizational structure,

3. History of past or current projects and contracts,

Company affiliations,

5. Equipment owned or controlled,

6. Any applicable licenses,

7. Type of work requested,

8. Individuals authorized to act on behalf of the contractor,

9. Any prequalification or bidding disputes with a government agency, and

Financial condition.

B. Prequalification Expiration and Extension.

Prequalification expires 15 months after the end of a contractor's fiscal year, as reflected on the financial statement. Due to the time necessary to prepare an examined financial statement, the Board may grant up to a 60 day extension on the expiration of prequalification, if:

a. The contractor submits a letter from its accountant stating the reasons for delay in preparing the examined financial statement,

b. The letter from the accountant states the anticipated completion date of the examined financial statement, and

c. The contractor submits an interim compiled or reviewed financial statement that was prepared within the previous six months.

2. The Board will notify each contractor in writing of its decision on the contractor's prequalification amount.

C. Joint Ventures.

1. Each contractor in a proposed joint venture shall be prequalified. The joint venture shall submit a joint venture statement of intent at least five calendar days before the applicable bid opening date.

2. If one or more of the parties to the joint venture are corporations, a copy of a resolution from the Board of Directors authorizing the corporation to enter into the joint venture and execute all contract documents shall be submitted with the statement of intent.

3. Contractors operating as a joint venture on a continuing basis may file for prequalification as a joint venture.

4. The Board may allow a contractor operating as a joint venture to prequalify for a pro rata share of the entire contract amount. The percentage share of work shall not exceed each individual contractor's prequalification amount.

D. Classification of Contractors. The Board shall categorize contractors into the following classifications:

1. Inexperienced firms: Firms that have no experience as contractors in transportation facilities construction work;

2. New firms: Recently organized firms that have officers with experience with other contractors in positions of responsibility for transportation facilities construction;

3. Unknown firms: Firms that have experience as contractors but have not completed a transportation facilities construction contract as a contractor for the Department within the past five years or at any time;

4. Known firms: Firms that have successfully completed at least one transportation facilities construction contract within the past five years as a contractor for the Department.

E. Classification of Financial Statements.

1. All financial statements shall be examined, reviewed, or compiled according to generally accepted accounting principles, by either an independent certified public accountant or an independent public accountant, registered and licensed under the laws of any state. A contractor shall not submit a financial statement prepared by either a certified or public accountant who is directly or indirectly interested in or affiliated with the business of the contractor.

2. A contractor that desires a prequalification amount in excess of $1.5 million shall submit an examined financial statement.

3. A contractor that submits a reviewed financial statement will be limited to a maximum prequalification amount of $1.5 million.

4. A contractor that submits a compiled financial statement will be limited to a maximum prequalification amount of $300,000.

F. Prequalification Limits. In determining the prequalification amount for each contractor, the amount set by the Board may be less than the maximum amount set out in this subsection due to the Board's evaluation of the contractor's information under R17-3-202(A) .

1. Inexperienced firms. An inexperienced firm will be limited to a maximum prequalification amount of $300,000 until the contractor has satisfactorily completed at least one transportation facilities construction contract for any public agency.

2. New firms. A new firm will be limited to a maximum prequalification amount of five times the firm's net worth.

3. Unknown firms. An unknown firm will be limited to a maximum prequalification amount of five times the firm's net worth or the amount of the largest transportation facilities construction contract it has successfully completed as a contractor for any other public agency, whichever is larger.

4. Known firms. A known firm will be limited to a maximum prequalification amount of ten times the firm's net worth. An unlimited prequalification amount may be granted if the product of ten times the firm's net worth exceeds $100 million.

5. All firms. Evidence of additional assets pledged in behalf of a contractor or letters from a contractor's surety company may be considered in establishing higher prequalification amounts than stated in subsections (F)(2) through (F)(4). A parent company that pledges assets in behalf of a contractor shall submit a financial statement.

G. Reconsideration of Prequalification Determination.

1. If a contractor is dissatisfied with the Board's decision, the contractor may request in writing a hearing, within 15 days of receiving the Board's decision. The hearing shall be conducted under A.R.S. § 41-1062. The letter shall indicate the basis for the request and shall provide supportive data. The Board shall review the request and accompanying information and decide on the request within 30 calendar days of its receipt.

2. If the contractor is still dissatisfied with the decision of the Board, the contractor may appeal to the State Engineer. The Board shall notify the contractor about the appeal procedures.

H. Issuance of Bidding Documents. A contractor shall not request bid documents for a contract for which it is not prequalified.

I. The Department may waive the prequalification requirement on an individual contract when it is in the best interest of the state. The advertisement for bids shall identify if prequalification is waived.

History

• Adopted effective March 3, 1987 (Supp. 87-1). Amended by final rulemaking at 8 A.A.R. 79, effective December 10, 2001 (Supp. 01-4).

Ariz. Admin. Code § R17-3-203 Reduced Prequalification Amounts or Disqualifications

A. The Board may reduce the prequalification amount of a contractor already prequalified or disqualify a contractor from bidding if a contractor:

1. Falsifies any document or misrepresents any material fact in the information furnished to the Department;

2. Fails to enter into a contract with the Department;

Defaults on a previous contract with any public agency;

4. Has an unsatisfactory work performance record with the Department on the basis of workmanship, competent superintendence, adequate and proper equipment, timely completion, or failure to submit required documentation for closing out a contract; or

5. Fails to provide notification to the Board, within 30 calendar days of occurrence, of any change in ownership, corporate officers or general partners, bankruptcy, receivership, court supervised reorganization, or the entry of a judgment in a judicial or administrative proceeding adverse to the contractor.

B. The Board shall notify a contractor in writing of its intention to reduce the prequalification amount or to disqualify a contractor. The Board's notice to reduce prequalification or to disqualify a contractor shall become a final determination unless the contractor requests a hearing with the Board within 20 calendar days after receiving such notification. The Board shall notify the contractor about the hearing procedures.

C. The contractor may appeal the Board's decision to the State Engineer. The Board shall notify the contractor about the appeal procedures.

History

• Adopted effective March 3, 1987 (Supp. 87-1). Amended by final rulemaking at 8 A.A.R. 79, effective December 10, 2001 (Supp. 01-4).

Ariz. Admin. Code § R17-3-204 Access to Department Prequalification Files

Prequalification files are considered to be strictly confidential. The files will be available only to:

1. Members of the Board,

2. The Director of the Department or any authorized agents of the Department,

3. Members of the Arizona State Transportation Board,

4. The division administrator of the Federal Highway Administration or any authorized representatives,

5. Agents of surety upon the filing of an application for bond duly signed by an authorizing party of the prequalified contractor,

6. Members of the Arizona State Board of Accountancy or their duly authorized representatives, and

7. The contractor that is the subject of the file.

History

• Adopted effective March 3, 1987 (Supp. 87-1). Amended by final rulemaking at 8 A.A.R. 79, effective December 10, 2001 (Supp. 01-4).

Article 3 RELOCATION ASSISTANCE

Ariz. Admin. Code § R17-3-301 Relocation Assistance; Adoption of Federal Regulations

A. The Department incorporates by reference 49 CFR 24.1 through 24.10, 49 CFR 24.201 through 24.209, 49 CFR 24.301 through 24.305, 49 CFR 24.401 through 24.404, 49 CFR 24.501 through 24.503, 49 CFR 24.601 through 24.603, and Appendix A to Part 24 as it relates to Subparts A, C, D, and E, revised as of October 1, 2010, and no later amendments or editions, as amended by this Article. These sections apply to relocation assistance activity provided by the Department. The incorporated material is on file with the Arizona Department of Transportation and is available from the U.S. Government Printing Office, P. O. Box 979050, St. Louis, MO 63197-9000. The incorporated material can be ordered online by visiting the U.S. Government Online Bookstore at http://bookstore.gpo.gov or is available free of charge at http://gpo.gov.

B. The following definition applies for the purpose of this Article unless indicated otherwise.

"Department" means the Arizona Department of Transportation.

History

• Former Rule, Right of Way Resolution 70-60. Former Section R17-3-12 renumbered without change as Section R17-3-301 (Supp. 88-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section amended by final rulemaking at 19 A.A.R. 141, effective March 10, 2013 (Supp. 13-1).

Ariz. Admin. Code § R17-3-302 Relocation Assistance; 49 CFR 24, Subpart A - General

A. 49 CFR 24.2,"Definitions and acronyms" is amended as follows:

"Agency" means the Arizona Department of Transportation."

"Contribute materially" in paragraph (a)(7) is amended to read:

The term"contribute materially" means that during the two taxable years before the taxable year in which displacement occurs, a business contributed at least 33 1/3% of the owner's or operator's average annual gross income from all sources.

"Decent, safe, and sanitary dwelling" in paragraph (a)(8) is amended to read:

The term decent, safe, and sanitary dwelling means a dwelling that meets applicable housing and occupancy codes. However, any of the following standards that are not met by an applicable code shall apply unless waived for good cause by the federal agency or state agency funding the project. The dwelling shall:

Be structurally sound, weathertight, and in good repair;

Contain a safe electrical wiring system adequate for lighting and other devices; and

Contain heating and cooling systems capable of sustaining a healthful temperature for a displaced person, except in those areas where local climatic conditions do not require such systems.

"Initiation of negotiations" has the same meaning as prescribed in A.R.S. § 28-7141.

"Notice of intent to acquire or notice of eligibility for relocation assistance" as described in 49 CFR 24.203(d) and 49 CFR 24.203(b) means:

Written notice furnished to a person to be displaced that establishes eligibility for relocation benefits before the initiation of negotiations.

"Persons not displaced" in paragraph (a)(9)(ii)(A) is amended to read:

A person who moves before the initiation of negotiations, unless this requirement is waived by the Department due to a move necessitated for reasons beyond the person's control.

"Program or project" in paragraph (a)(22) is amended to read:

The phrase"program" or"project" means any displacing activity or series of activities undertaken by the Department, related to construction or reconstruction of a transportation facility, or a facility necessary for maintaining a transportation facility.

"Salvage value" in paragraph (a)(23) is deleted.

"Uneconomic remnant" in paragraph (a)(27) is deleted.

"Uniform Act" in paragraph (a)(28) is amended to read:

The term"Uniform Act" means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601 et seq.).

"Utility facility" in paragraph (a)(31) is deleted.

"Utility relocation" in paragraph (a)(32) is deleted.

B. 49 CFR 24.5 "Manner of notices" is amended to read:

Each notice which the agency is required to provide to a property owner or occupant under this part shall be personally served or sent by certified or registered first-class mail, return receipt requested, and documented in agency files. Each notice shall be written in plain, understandable language. Persons who are unable to read and understand the notice must be provided with appropriate translation and counseling. Each notice shall indicate the name and telephone number of a person to contact for answers to questions or other needed help.

C. 49 CFR 24.9"Recordkeeping and reports" is amended to read:

Paragraph (a) Records. The agency shall maintain adequate records of its acquisition and displacement activities in sufficient detail to demonstrate compliance with this part. These records shall be retained for at least three years after each owner of a property and each person displaced from the property receives the final payment to which each owner of property is entitled under this part, or in accordance with the applicable regulations of the federal funding agency, whichever is later.

D. 49 CFR 24.10"Appeals" is amended to read:

In addition to the provisions of A.R.S. §§ 41-1061 through 41-1067, the following provisions apply:

1. Actions that may be appealed. A person who believes the Department has failed to properly determine the person's eligibility for, or the amount of, a relocation payment may file a written appeal. A person shall include all contested issues in one appeal.

2. Process. To appeal, a person shall submit a letter stating name and address and the reasons for disagreeing with the Department's decision to the Right-of-Way Group, Arizona Department of Transportation, 205 S. 17th Ave., MD 612E, Phoenix, AZ 85007-3212.

3. Time limit. The person shall file the written appeal within 60 days after receiving notice of the Department's determination on the person's claim. The date the appeal request is received begins the official time limit constraints, as prescribed in subsections (D)(4) and (8) of this Section. Filing the appeal does not extend any eligibility periods or a required date to vacate a property.

4. Hearing date. Within 45 days of receipt of the appeal request, the Department shall set a mutually acceptable date for a hearing before a hearing officer.

5. Review of files. After making a written request to the Department at the address in subsection (D)(2) of this Section, the person may review and receive a copy of any non-confidential documentation contained in the Department's files regarding the person's appeal.

6. Scope of review. The Department shall consider and review the person's arguments, statements, and documents in support of the appeal, allowing reasonable latitude for the hearing of relevant material.

7. Right to representation. The person has a right to be represented by legal counsel or another representative in connection with the person's appeal, but solely at the person's own expense.

Determination. Within 30 days of the hearing, the hearing officer shall make a recommendation to the Chief Right-of-Way Agent. The Department shall promptly issue a written decision and provide a copy to the person by certified mail. The Department shall explain the basis on which its decision was made, and what relief, if any, is to be provided.

9. Judicial review. If the Department does not grant the relief requested, the Department shall advise the person of the right to seek judicial review.

History

• Former Rule, Right of Way Resolution 71-42. Former Section R17-3-13 renumbered without change as Section R17-3-302 (Supp. 88-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section amended by final rulemaking at 19 A.A.R. 141, effective March 10, 2013 (Supp. 13-1).

Ariz. Admin. Code § R17-3-303 Relocation Assistance; 49 CFR 24, Subpart C - General Relocation Requirements

49 CFR 24.206"Eviction for cause" is amended to read:

1. Eviction for cause must conform to A.R.S. §§ 12-1171 through 12-1183. The Department may determine that a person who is an unlawful occupant (as defined in 49 CFR 24.2) is still eligible for advisory relocation assistance. Any person who occupies the real property and is not in unlawful occupancy on the date of the initiation of negotiations, is presumed to be entitled to relocation payments and other assistance set forth in this part unless the agency determines that the factors in subsections (1)(a) or (b) apply. The Department shall use the following factors to determine eligibility of an unlawful occupant for advisory relocation assistance:

a. The person received an eviction notice before the initiation of negotiations and, as a result of that notice, is later evicted; or

b. The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease or occupancy agreement; and

c. The eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance set forth in this part;

d. The person occupying the property and the owner dispute the issue of lawful occupancy;

e. The duration of prior legal occupancy of the person occupying the property;

f. Financial or medical hardship of the person occupying the property; or

g. The cost of the relocation assistance is less than the cost of an appeal.

2. For purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available.3. The state may initiate eviction proceedings due to:

a. Unlawful activities being conducted on state-owned property,

b. Willful destruction of state-owned property,

c. Refusal to vacate state-owned property after all required notices to vacate have been delivered and appropriate assistance provided, or

d. Failure to pay rent when there is no hardship.

History

• Former Rule, Right of Way Resolution 71-69. Former Section R17-3-14 renumbered without change as Section R17-3-303 (Supp. 88-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section amended by final rulemaking at 19 A.A.R. 141, effective March 10, 2013 (Supp. 13-1).

Ariz. Admin. Code § R17-3-304 [REPEALED]

History

• Former Rule, Right of Way Resolution 70-51. Former Section R17-3-11 renumbered without change as Section R17-3-304 (Supp. 88-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section repealed by final rulemaking at 19 A.A.R. 141 effective March 10, 2013 (Supp. 13-1).

Ariz. Admin. Code § R17-3-305 Relocation Assistance; 49 CFR 24, Subpart E - Replacement Housing Payments

49 CFR 24.401"Replacement housing payment for 180-day homeowner-occupants" in paragraph (d)(3) is amended to read:

The interest rate on the new mortgage used in determining the amount of the payment shall not exceed the prevailing fixed interest rate for conventional mortgages currently charged by mortgage lending institutions in the area in which the replacement dwelling is located. If a displaced person chooses to buy down the interest rate, the agency shall:

1. Require documents indicating the initial interest rate,

2. Require documents indicating the final interest rate, and

3. Limit reimbursement to the lower of the amount the displaced person actually paid to buy down the interest rate or the amount for which the person qualified under the established market interest rate.

History

• New Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section amended by final rulemaking at 19 A.A.R. 141, effective March 10, 2013 (Supp. 13-1).

Ariz. Admin. Code § R17-3-306 [REPEALED]

History

• New Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section repealed by final rulemaking at 19 A.A.R. 141, effective March 10, 2013 (Supp. 13-1).

Article 4 REPEALED

Ariz. Admin. Code § R17-3-401 [REPEALED]

History

• Former Rule, Traffic Engineering Resolution; Repealed effective June 18, 1979 (Supp. 79-3). New Section R17-3-05 adopted effective August 4, 1982 (Supp. 82-4). Former Section R17-3-05 renumbered without change as Section R17-3-401 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 2750, effective June 7, 2001 (Supp. 01-2).

Ariz. Admin. Code § R17-3-402 [REPEALED]

History

• Former Rule, ASHC Resolution. Repealed effective January 3, 1977 (Supp. 77-1). New Section R17-3-08 adopted effective March 25, 1982 (Supp. 82-2). Former Section R17-3-08 renumbered without change as Section R17-3-402 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 2748, effective June 7, 2001 (Supp. 01-2).

Ariz. Admin. Code § R17-3-403 Recodified

History

• Former Rule, Right of Way Resolution 71-15. Former Section R17-3-09 renumbered without change as Section R17-3-403 (Supp. 88-4). Section recodified to A.A.C. R17-4-428 at 7 A.A.R. 1260, effective February 20, 2001 (Supp. 01-1).

Ariz. Admin. Code § R17-3-404 [REPEALED]

History

• Adopted as an emergency effective April 13, 1983 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-2). Former Section R17-3-20 renumbered without change as Section R17-3-404 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 2750, effective June 7, 2001 (Supp. 01-2).

Ariz. Admin. Code § R17-3-405 Reserved

Ariz. Admin. Code § R17-3-406 [REPEALED]

History

• Former Rule, Traffic Engineering Report. Former Section R17-3-02 renumbered without change as Section R17-3-406 (Supp. 88-4). Section repealed by final rulemaking at 8 A.A.R. 849, effective February 8, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-3-407 [REPEALED]

History

• Former Rule, ASHC Resolution; Former Section R17-3-06 repealed, new Section R17-3-06 adopted effective April 25, 1978 (Supp. 78-2). Former Section R17-3-06 renumbered without change as Section R17-3-407 (Supp. 88-4). Section repealed by final rulemaking at 8 A.A.R. 849, effective February 8, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-3-408 [REPEALED]

History

• Former Rule, General Order 21. Former Section R17-3-08 renumbered without change as Section R17-3-408 (Supp. 88-4). Section repealed by final rulemaking at 8 A.A.R. 849, effective February 8, 2002 (Supp. 02-1).

Article 5 HIGHWAY ENCROACHMENTS AND PERMITS

Ariz. Admin. Code § R17-3-501 Definitions

In this Article, unless otherwise defined, these terms have the following meanings:

"Abutting property" means real property or interest in real property bordering a state highway right-of-way.

"Adopt-a-highway" means a Department program that allows a group of persons access to a state highway right-of-way to conduct litter pickup on a designated portion of the state highway.

"Airspace" means the space above real property.

"Applicant" means a person or entity seeking to obtain an encroachment permit.

"Department" means the Arizona Department of Transportation.

"District Office" means one of the Department's Engineering and Maintenance district offices.

"Encroachment" means any use of, intrusion upon, or construction of improvement within a state highway right-of-way by any person or entity other than the Department for any purpose, temporary or fixed, other than public travel authorized by state statute.

"Encroachment owner" means the person or entity responsible for creating or maintaining an encroachment on a state highway right-of-way.

"Encroachment permit" means a written approval granted by the Department for construction of a fixed or temporary improvement within a state highway right-of-way, or for any activity requiring the temporary use of or intrusion upon a state highway right-of-way.

"Engineering stationing" means the Department identification system to identify the location of a state highway feature.

"Improvement" means any constructed facility or object, or alteration to any existing physical facility or object, or change in the elevation, slope, or drainage of a state highway right-of-way.

"Permittee" means a person or entity to whom the Department issues an encroachment permit, and who is responsible for meeting the obligations, responsibilities, and specifications stated in the encroachment permit.

"Right-of-way" means the real property or interest in real property on which state transportation facilities and appurtenances to the facilities are constructed or maintained.

"Special event" means any temporary organized or supervised activity that could affect the normal operation of a state highway.

"State highway" has the meaning prescribed in A.R.S. § 28-101(47).

History

• New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R17-3-502 Applicability

A. A person or entity shall not encroach on a state highway right-of-way without obtaining an encroachment permit.

B. Only the following types of encroachments qualify for a Department encroachment permit:

1. Access improvements to abutting properties, consistent with subsection (C)(6);

2. Utility construction and maintenance, including underground and overhead;

3. Drainage improvements;

4. Airspace encroachments, such as overhanging signs, awnings, and banners;

5. Landscaping;

6. Special events;

7. Removing or improving an existing encroachment;

8. Rest area coffee breaks;

9. Change in the principal activity or function of an abutting property where an access or utility encroachment has been constructed;

10. Adopt-a-highway;

11. Activities, such as surveying, performed to compile information about physical features in the highway right-of-way;

12. Traffic control unrelated to the types of encroachments listed above for specific incidents, such as hazardous material removal, accident clean-up, or check points by government enforcement; and

13. For such uses as the Director specifies.

C. An encroachment not listed under subsection (B) is ineligible to qualify for an encroachment permit and is an unauthorized encroachment. An unauthorized encroachment also includes:

1. Outdoor advertising signs, except as an overhang in subsection (B)(4);

Parking areas;

3. Sales of any service or thing;

4. Bicycling, walking, horseback riding, or other activities prohibited under A.R.S. § 28-733;

5. Any commercial or industrial activity; or

6. Access to undeveloped property abutting a state highway, unless the applicant demonstrates a plan for:

a. Immediate development of the property evidenced by construction plans or building permits, or

b. Continuing maintenance of the undeveloped property.

D. A new owner of an existing permitted encroachment shall apply for an encroachment permit in the new owner's name within 30 days from the date of purchase of the abutting real property.

History

• New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R17-3-503 Who Can Apply for an Encroachment Permit

A. Any person or entity, other than the Department, seeking an encroachment upon a state highway right-of-way shall apply to the Department for an encroachment permit.

B. Any person or entity is eligible to apply for an encroachment permit, except for an encroachment involving:

1. Access, only an abutting property owner is eligible to apply.

2. Landscaping and aesthetic enhancements, only an abutting property owner or a political subdivision is eligible to apply.

3. Utility installation, only an ultimate owner who will be responsible for maintenance and liability of the utility after it is put into service is eligible to apply. An ultimate owner includes a utility company, improvement district, political subdivision, or abutting property owner. A contractor or developer may apply if the contractor or developer provides evidence that an ultimate owner has approved plans and agrees to obtain an encroachment permit as a new owner upon completion of the utility installation.

History

• New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R17-3-504 General Application Procedures

A. An applicant shall obtain an encroachment permit application form from the District Office serving the Department's district in which the proposed encroachment will be located.

B. An applicant shall include the following information on a District Office's encroachment permit application:

1. Name, address, city, state, zip code, telephone number, and signature of proposed encroachment owner;

2. Name, address, city, state, zip code, telephone number, and signature of applicant, if different from proposed encroachment owner;

3. Applicant's legal relationship to proposed encroachment owner;

4. City nearest to the proposed encroachment;

5. Location of proposed encroachment from the nearest milepost (in feet), including state highway route number, side of highway, and engineering stationing (if applicable); and

6. Purpose of proposed encroachment, as listed in R17-3-502(B), and a description of the proposed work or activity in the right-of-way.

C. By signing an application, an applicant or proposed encroachment owner, or both, agree to accept the following general obligations and responsibilities:

1. Assume all legal liability and financial responsibility for the encroachment activity for the duration of the permit;

2. Be responsible for any repair or maintenance work to the encroachment for the duration of the permit;

3. Comply with the Department's traffic control standards;

4. Obtain written approval from the abutting property owner if the encroachment encroaches on abutting property;

5. Upon notice from the Department, repair any aspect or condition of the encroachment that causes danger or hazard to the traveling public;

6. Remove the encroachment and restore the right-of-way to its original or better condition if the Department cancels the encroachment permit, and terminates all rights under the permit;

7. Reimburse the Department for costs incurred or deposit with the Department money necessary to cover all costs incurred for activities related to the encroachment, such as inspections, restoring the right-of-way to its original or better condition, or removing the encroachment;

Notify a new owner to apply for an encroachment permit, as required by R17-3-502(D) ;

9. Apply for a new encroachment permit if the use of the permitted encroachment changes;

10. Keep a copy of the encroachment permit at the work site or site of encroachment activity;

11. Construct the encroachment according to plans that the Department approves as part of the final permit;

12. Obtain required permits from other government agencies or political subdivisions;

13. Remove any defective materials, or materials that fail to pass the Department's final inspection, and replace with materials the Department specifies.

History

• New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R17-3-505 Supporting Documentation

An applicant for an encroachment permit shall provide supporting documentation relevant to the type of encroachment activity and necessary to allow the Department to analyze the proposed encroachment's impact on the state highway and right-of-way, using such criteria as:

1. Whether the proposed encroachment is for commercial or residential access;

2. The proposed encroachment's impact on roadway features within the right-of-way;

3. The amount of traffic the proposed encroachment will generate;

Duration of the proposed encroachment;

5. The proposed encroachment's potential to disrupt traffic or change traffic patterns;

6. The surrounding terrain and physical features of the right-of-way and the abutting property; and

7. The number, size, and intended use of any buildings that would be accessed via the proposed encroachment.

History

• New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R17-3-506 Encroachment Permit Requirements

A. An encroachment permit consists of the materials submitted by an applicant under R17-3-504 and R17-3-505, and additional requirements from the Department as described in subsection (B). An encroachment permit will list in detail the requirements with which the permittee shall comply in order to perform the requested encroaching activity. Some of the requirements are general and apply to every encroachment permit. Others are specific to a particular encroachment activity.

B. The Department shall set encroachment permit requirements to:

1. Maintain the integrity of the Department's right-of-way and transportation facilities;

2. Mitigate the risk to traffic safety;

3. Improve traffic movement, efficiency, and capacity;

4. Mitigate adverse drainage on state property or abutting property affecting state property;

5. Mitigate environmental impacts;

6. Mitigate maintenance costs to transportation facilities;

Mitigate potential liability for the Department or the state; and

8. Mitigate potential harms to national or state security.

C. By accepting an encroachment permit, a permittee agrees to the requirements described in the permit. If the permittee disagrees with the requirements, the permittee shall return the permit immediately to the District Office.

History

• New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R17-3-507 Review Procedures

A. The Department shall conduct an administrative completeness review and substantive review of an application for an encroachment permit under A.R.S. §§ 41-1072 through 41-1077 and A.A.C. R17-1-102.

B. The Department shall decide whether to grant an encroachment permit based solely on the documents and information before the Department.

C. Decision.

1. The Department shall approve an encroachment permit if:

a. The proposed encroachment use is lawful,

b. The applicant provides complete and accurate information,

c. The proposed encroachment use qualifies under R17-3-502(B), and

d. The applicant agrees to comply with the Department's requirements as set out in the permit.

2. The Department shall deny an encroachment permit application if:

a. The proposed encroachment use is unlawful,

b. The applicant provides incomplete or inaccurate information,

c. The proposed encroachment use does not qualify under R17-3-502(B), or

d. The permittee disagrees with the requirements in the permit.

3. An applicant may appeal the Department's denial decision on an encroachment permit application as prescribed in R17-3-509.

History

• New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R17-3-508 Unauthorized Encroachments; Enforcement Actions

A. An encroachment is unauthorized if:

1. A permittee fails to comply with the permit requirements,

2. A permittee provides false or inaccurate information on the encroachment permit application,

3. A person or entity fails to obtain an encroachment permit, or

4. The encroachment is unauthorized under R17-3-502(C).

B. An encroachment owner shall remove any unauthorized encroachment at the owner's own cost.

C. After considering the totality of the circumstances and in consultation with the Office of the Attorney General, the Department may refer a matter to the Office of the Attorney General according to A.R.S. §§ 28-7053 and 28-7054 for:

1. Enforcement against the owner of an unauthorized encroachment, or

Recovery of costs from the encroachment owner for the Department removing an unauthorized encroachment if the encroachment owner fails to remove the unauthorized encroachment.

History

• New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R17-3-509 Hearings

The Department shall inform an applicant or permittee of the hearing procedures when the Department:

1. Denies an application for an encroachment permit, or

2. Determines that an encroachment is unauthorized.

History

• New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

Article 6 [Effective 10/1/2023] TELECOMMUNICATION FACILITIES

Ariz. Admin. Code § R17-3-601 Definitions

In addition to the definitions provided under A.R.S. § 28-7381, the following terms apply to this Article unless otherwise specified:

"At-grade" means roadways, intersections, or facilities at the same elevation or level.

"Clear zone" means a specific distance from the edge of a travel lane free of above ground obstacles as determined by the Department and in accordance with the American Association of State Highway and Transportation Officials (AASHTO) Roadside Design Guide.

"Controlled access" has the same meaning as a controlled access highway as defined in A.R.S. § 28-601.

"Department" has the same meaning as defined in A.R.S. § 28-101.

"Dig Once" means reducing the number and scale of excavations when installing telecommunication facilities in highway rights-of-way.

"Encroachment permit" has the same meaning as defined in R17-3-501.

"Guideline for Accommodating Utilities on Highway Rights-of-Way" means the guidelines and procedures adopted by the Department for the accommodation of utilities on highway rights-of-way.

"Interstate System" has the same meaning as defined in A.R.S. § 28-7901.

"Lease agreement" means the written agreement between the Department and the provider, which authorizes the provider to utilize spare conduit and related facilities of the Department subject to the terms and conditions outlined in the agreement and this Article.

"New installation" means an initial installation on a highway right-of-way except in the event of a relocation required by the Department.

"Right-of-way" has the same meaning as defined in A.R.S. § 28-101.

"Right-of-way occupancy rate" means the compensation from a provider for longitudinal access to the right-of-way of a state highway for the purpose of installing telecommunication facilities as authorized under A.R.S. § 28-7385.

"State" means the state of Arizona.

"State highway" has the same meaning as defined in A.R.S. § 28-101.

"State Milepost System" means the markers placed on the highway at one-mile intervals that indicate the distance through the state.

"Uncontrolled access" means a highway to which owners or occupants of abutting lands and other persons have a legal right of access.

"Telecommunication use and occupancy agreement" means the written agreement between the Department and the provider allowing the provider longitudinal access of highway right-of-way for its telecommunication facilities or private line subject to the terms and conditions outlined in the agreement and this Article.

History

• New Section made by exempt rulemaking at 28 A.A.R. 3372, effective 1/1/2023.

Ariz. Admin. Code § R17-3-602 Telecommunication Use and Occupancy Agreement; Time-frames; Compensation for Longitudinal Access to the Right-of-Way

A. A provider must enter into a telecommunication use and occupancy agreement with the Department and obtain an encroachment permit, as prescribed under Article 5 of this Chapter, before being granted longitudinal access for new installation of a telecommunication facility. This Section does not apply to a telecommunication facility with an encroachment permit approved before January 1, 2023.

B. A provider seeking to enter into a telecommunication use and occupancy agreement shall complete and provide the following information on a telecommunication use and occupancy agreement application provided by the Department at www.azdot.gov:

Name of provider;

2. The point of contact's information, which includes name, telephone number, and email address;

3. A description of the proposed work or activity in the right-of-way or facilities; and

4. A map, drawing, or geographical description of the proposed telecommunication facility installation, including the starting and ending milepost to the nearest tenth of a mile, state highway number, the cardinal direction of the highway, the number and size of conduits, and accompanying telecommunication facility locations.

C. The Department shall, within five calendar days of receiving an application under subsection (B), provide written notice to the provider acknowledging receipt of the application:

1. If the application is complete, the notice shall acknowledge receipt of a complete application and indicate the date the Department received the complete application; or

2. If the application is incomplete, the notice shall indicate the current date and include an itemized list of all additional information the provider must provide to the Department before the application can be considered complete and subsequently processed.

D. A provider with an incomplete application shall respond to the notice provided by the Department under subsection (C)(2) within 15 calendar days after the date indicated on the notice or the Department may deny the application.

E. The Department shall render a decision on the application within 15 calendar days after the date on the notice the Department gave to the provider under subsection (C)(1) acknowledging receipt of a complete application.

F. For the purpose of A.R.S. § 41-1073, the Department establishes the following time-frames:

Administrative completeness review time-frame: five calendar days.

2. Substantive review time-frame: 10 calendar days.

3. Overall time-frame: 15 calendar days.

G. A provider shall pay an annual right-of-way occupancy rate as compensation to the Department for longitudinal access to a highway right-of-way for new installations of telecommunication facilities, including overhead, surface, or underground, in accordance with A.R.S. § 28-7385.

1. The annual right-of-way occupancy rate schedule is as follows:

a. Interstate System: $1.00 per linear foot of longitudinal access.

b. Controlled Access Highways (non-interstate): $0.50 per linear foot of longitudinal access.

c. Uncontrolled Access Highways: $0.25 per linear foot of longitudinal access.

2. At the beginning of each calendar year, starting January 1, 2024, the cost per linear foot as prescribed in subsection (G)(1), increases at a rate of 2% per calendar year. The new annual right-of-way occupancy rate applies to any new or renewed telecommunication use and occupancy agreements established within that given year.

3. The annual right-of-way occupancy rate, established at the time of signing the telecommunication use and occupancy agreement, shall be the rate for each year of a 20-year or 30-year agreement.

4. The distance is measured using the State Milepost System, rounded to the nearest tenth of a mile and converted to a linear foot value.

5. The total amount of the annual right-of-way occupancy rate is determined by using the following calculation: cost per linear feet x distance = total annual right-of-way occupancy rate.

6. The Department shall receive monetary compensation in the form of an annual or lump sum payment, unless an in-kind compensation or combination of in-kind and monetary compensation is agreed upon by the Department and the provider.

a. Annual monetary compensation. The provider shall pay the total annual right-of-way occupancy rate established at the time of signing the telecommunication and occupancy use agreement and at the time of signing any renewals.

b. Lump-sum monetary compensation. The provider shall pay in accordance with the following:

i. The total annual right-of-way occupancy rate is multiplied by the number of years of the agreement.

ii. A discounted rate of 10% is applied utilizing net present value calculation.

c. In-kind compensation.

i. Telecommunication facilities shall be valued on a present value basis at the estimated, reasonable cost to the provider for procuring and installing such telecommunication facilities. The in-kind value shall be agreed upon, between the Department and provider, in the telecommunication use and occupancy agreement.

ii. The Department shall provide the provider with a list of the specific telecommunication facilities and services for consideration as in-kind compensation. The value of such in-kind compensation shall be subtracted from the total amount of monetary compensation due for occupancy of the right-of-way and the remaining balance, if any, shall be remitted as monetary compensation.

iii. Any telecommunication facilities acquired as in-kind compensation shall be used exclusively for the further development of telecommunications that serve state purposes and may not be sold or leased in competition with providers.

iv. The provider maintains ownership and is responsible for maintenance of the in-kind compensation provided, however, the associated costs will be agreed upon in the telecommunication use and occupancy agreement.

d. Combination of monetary and in-kind compensation. The provider will pay the total annual right-of-way occupancy rate in accordance with subsections (G)(6)(a) through (c), as applicable, and as agreed upon by the Department and the provider.

7. The payment of the annual right-of-way occupancy rate will be made as follows:

a. For monetary compensation, the provider shall pay the total annual right-of-way occupancy rate to the Department within 30 calendar days of signing the telecommunication use and occupancy agreement and any renewals.

b. For in-kind compensation, the agreement shall set forth the timeline for the Department to receive agreed upon telecommunication facilities.

H. By signing a telecommunication use and occupancy agreement, a provider agrees to accept the following general obligations and responsibilities:

1. Complying with the encroachment permit rules in Article 5 of this Chapter;

2. Complying with the terms and conditions contained in the telecommunication use and occupancy agreement and encroachment permit documents for installation, operation, maintenance, and relocation of telecommunication facilities;

Not having exclusive access or rights to the right-of-way;

4. Having the term length of the telecommunication use and occupancy agreement to be for one year, 20 years, or 30 years with an option to renew the agreement at the current applicable starting rate for the first year of a new agreement or renewal; the rate will be increased annually if the renewal is for a one-year period, otherwise pursuant to the terms of a new 20-year or 30-year agreement; and

5. Terminating the telecommunication use and occupancy agreement due to removal of facilities from the right of way.

a. For any monetary compensation, the provider shall receive a prorated refund based on the number of months remaining in the term agreement.

b. For any in-kind compensation, the access to facilities or services provided will terminate at the time of the removal of the facilities.

History

• New Section made by exempt rulemaking at 28 A.A.R. 3372, effective 1/1/2023.

Ariz. Admin. Code § R17-3-603 Installation, Maintenance, Operation, and Relocation of Telecommunication Facilities

A. Installations of telecommunication facilities may be permitted under the following conditions:

1. The installation does not adversely affect the safety, design, construction, operation, maintenance or stability of the highway;

2. The installation does not interfere with or impair the planned future expansion of the highway;

3. The installation does not interfere with or impair planned future Department-owned telecommunication facilities projects;

4. In accordance with Dig Once, the Department may require providers to adhere to Dig Once when installing telecommunication facilities into the same general location on the highway system and providers shall coordinate their planning and work, install in a joint trench, and equitably share costs;

5. The Department does not incur any unreimbursed additional expense or maintenance costs associated with the telecommunication facility installation, relocation, or removal;

6. The Department and state are not liable for any claims, demands, costs or expenses, including all legal expenses, for loss, damages or injury to any person or property, including third-party persons or property, due to the telecommunication facilities' use of the rights-of-way excluding claims made pursuant to A.R.S. § 28-7382;

7. At-grade or underground telecommunication facility items requiring access, such as conduit, fiber, splice locations, vaults, man holes, and pull boxes may be allowed inside the control of access;

8. Above ground telecommunication facility items such as cabinets, node buildings, amplifiers, pedestals, and regeneration huts will be located where they do not need to be accessed from the travel lane such as traffic interchanges, frontage roads, and intersections;

9. Above ground telecommunication facilities will not be installed within the clear zone; and

10. The location of longitudinal telecommunication facilities are as close to the right-of-way line as practical or as determined by one of the Department's Engineering and Maintenance district offices.

B. Telecommunication facilities may be installed longitudinally within a controlled access highway when it meets the requirements as outlined in the ADOT Guideline for Accommodating Utilities on Highway Rights-of-Way.

C. Pursuant to A.R.S. § 28-7384, the Department requires the removal or relocation of telecommunication facilities located on the highway right-of-way to accommodate operations and highway projects at the provider's expense. The Department may require removal or relocation of such telecommunication facilities upon expiration or earlier termination of the telecommunication use and occupancy agreement, encroachment permit, or other agreements at the provider's expense.

History

• New Section made by exempt rulemaking at 28 A.A.R. 3372, effective 1/1/2023.

Article 7 HIGHWAY BEAUTIFICATION

Ariz. Admin. Code § R17-3-701 Outdoor Advertising Control

A. Purpose. The purpose of this subsection is to present the definitions of specialized terms used in describing outdoor advertising signs and matters relating to outdoor advertising signs. Terms used in this rule are defined as follows:

1."Abandoned sign" means a sign for which neither the sign owner nor the landowner claim any responsibility.

2."Back-to-back sign" means a sign that carries faces attached on each side of the structure and is read from opposite directions.

3."Directional" means signs containing directional information about public places owned or operated by federal, state, or local government or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, religious, and rural activity sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

4."Directional and other official signs and notices" includes only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.

5."Double-faced sign" means a sign that has two faces facing in the same direction.

6."Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any way bring into being or establish.

7."Face" means the surface of an outdoor advertising structure on which the design is posted or painted, usually made of galvanized metal sheets, fiberboard, plywood or plastic.

8."Federal or state law" means a federal or state constitutional provision or statute, or an ordinance, rule, or regulation enacted or adopted by a state or federal agency or a political subdivision of a state pursuant to a federal or state constitution or statute.

9."Illegal sign" means a sign that was erected or maintained, or both, in violation of the state law.

10."Intended to be read from the main-traveled way" is defined by any of the following criteria:

a. More than 80% of the average daily traffic (as determined by traffic counts) viewing the outdoor advertising is traveling in either or both directions along the main-traveled way.

b. Message content is of such a nature that it would be only of interest for the traffic using the main-traveled way.

c. The sales value of the outdoor advertising is directly attributable to advertising circulation generated by traffic along the main-traveled way.

11."Interchange" means a junction of two or more highways by a system of separate levels that permit traffic to pass from one to another without the crossing of traffic streams.

12."Landmark sign" means a sign of historic or artistic significance that existed on October 22, 1965, which may be preserved or maintained as determined by the Director and approved by the Secretary of Transportation.

13."Lease" means an agreement, oral or in writing, by which possession or use of land or interests in land is given by the owner to another person for a specified period of time.

14."Maintain" means to allow to exist, including such activities necessary to keep the sign in good repair, safe condition, and change of copy.

15."Nonconforming sign" means a sign that was lawfully erected but does not comply with the provisions of state law or state laws passed at a later date or later fails to comply with state law or state regulations due to changed conditions. Illegally erected or maintained signs are not nonconforming signs.

16."Normal maintenance (nonconforming sign)" means the maintenance customary to keep a sign in ordinary repair, upkeep or refurbishing. The maintenance does not include:

a. Maintenance that exceeds 50% of the appraised value using current appraisal schedules for a sign, or

b. Repairs to a sign damaged to such an extent that 60% or more of the uprights require replacement for wood uprights, or 30% or more of the length of each upright support above ground requires replacement for metal uprights.

17."Obsolete sign" means a directional or other official sign the purpose of which is no longer pertinent.

18."Official signs and notices" means signs and notices, other than traffic regulatory signs and notices, erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to direction or authorization contained in federal, state, or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies are official signs.

19."Off-premise sign" means an outdoor advertising sign that advertises an activity, service or product and that is located on premises other than the premises at which the activity or service occurs or the product is sold or manufactured.

20."On-premise sign" means any sign that meets the following requirements (such signs are not controlled by state statutes):

a. Premises. The sign must be located on the same premises as the activity or property advertised.

b. Purpose. The sign must have as its purpose:

i. The identification of the activity, or its products or services, or

ii. The sale or lease of the property on which the sign is located, rather than the purpose of general advertising.

c. In the case of an on-premise sign advertising an activity, the premises must include all actual land used or occupied for the activity, including its buildings, parking, storage and service areas, streets, driveways and established front, rear, and side yards constituting an integral part of such activity, provided the sign is located on property under the same ownership or lease as the activity. Uses of land that serve no reasonable or integrated purpose related to the activity other than to attempt to qualify the land for signing purposes are not premises. Generally these will be inexpensive facilities, such as picnic grounds, playgrounds, walking paths, or fences.

21."Parkland" means any publicly owned land that is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

22."Public service signs" means signs that are located on school bus stop shelters and that:

a. Identify the donor, sponsor, or contribution of the shelters;

b. Contain safety slogans or messages, which must occupy not less than 60% of the area of the sign;

c. Contain no other message;

d. Are located on school bus shelters that are authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city, county, or state agency controlling the highway involved; and

e. May not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.

23."Public utility signs" means warning markers that are customarily erected and maintained by publicly or privately owned public utilities to protect their facilities.

24."Re-erection" means the placing of any sign in a vertical position subsequent to its initial erection. Re-erection shall only occur in the event the sign has been damaged by tortious acts, or in the course of normal maintenance.

25."Scenic area" means any area of particular scenic beauty or historical significance as determined by the federal, state, or local officials having jurisdiction of the area, and includes interests in land that have been acquired for the restoration, preservation, and enhancement of scenic beauty.

26."Scenic overlook or rest area" means an area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control for the convenience of the traveling public.

27."Service club and religious notices" means signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious service, that do not exceed eight square feet in area.

28."V-type signs" means signs that are oriented at an angle to each other, the nearest points of which are not more than 10 feet apart.

29."Within the view of and directed at the main-traveled way" means any sign that is readable from the main-traveled way for more than five seconds traveling at the posted speed limit or for such a time as the whole message can be read, whichever is less.

B. Outdoor advertising permit application procedure.

1. Purpose. The purpose of this subsection is to present the procedures to be followed by applicants in requesting permits for the erection of outdoor advertising facilities.

2. Permit form and fee required. Each application for a permit to erect an outdoor advertising facility must be made on the appropriate Arizona Department of Transportation form and shall be accompanied by a check or money order in the amount of $20.00 payable to the Arizona Department of Transportation.

a. The initial application fee shall be valid for a period of one year from date of issuance. It shall be renewable annually upon payment of a $5.00 fee.

b. Renewal fees will become delinquent 30 days after the annual renewal date. On becoming delinquent, such sign structures will be in violation and a new initial application fee of $20.00 will be required.

3. Applications mailed to maintenance permit engineer. Applications for outdoor advertising permits should be mailed to: Arizona Department of Transportation, Intermodal Transportation Division; 206 South 17th Avenue; Phoenix, Arizona 85007; Attention: Maintenance Permits Section. Assistance to applicants is available at District offices.

4. Separate application for each sign. Each outdoor advertising sign, display or device requires a separate application with fee. All required information describing the location of the sign, the sign qualification standards, and the permitted area identification shall be completely entered on the permit form.

5. Legal description of sign site required. Applicants shall be required to obtain a certification from the governing zoning authority certifying that the zoning is correct for the legal description of the proposed sign location. In cases where the legal description is listed incorrectly on the application, a new certification must be obtained for the correct legal description. Legal descriptions shall adequately describe the property for which the application is made.

6. Location diagram required. Applicants shall submit a location diagram indicating highway route number and such physical features as: buildings, bridges, culverts, poles, mileposts and other stationary land marks necessary to adequately describe the location. The sketch will also indicate the distance in feet the sign is to be erected from the nearest milepost or a street intersection and other off-premise signs in the same vicinity.

7. Applicants must mark site locations. Applicants are required to place an identifiable device or object bearing applicant's name at the proposed sign location to aid field inspectors in site evaluations.

Landowner's permission mandatory. Applicants shall be required to obtain a signed certification stating that the applicant has the permission of the landowner to erect the sign at the noted legal description, or in lieu of the signed certification, furnish a copy of an executed lease.

9. Each pending application field checked. Each pending application will be field checked for compliance with the state act and regulations by the district. The findings of the field check will be forwarded to the Maintenance Permit Engineer, Maintenance Section, for final examination and, if approved, permit issuance.

10. Noncompliance. Each application for a permit to erect an outdoor advertising facility which does not comply with all requirements of the law and the Arizona Department of Transportation regulations, will be denied and the application fee may be retained by the state. Exception will be made in cases where applicants did not have knowledge of previous applications or permits for the same site. An additional $20.00 fee shall be added to the regular permit fee for signs illegally erected prior to the issuance of a permit.

Permit decals on sign structures. Applicants shall affix permit decals on a permanent surface near the portion of the sign structure closest to the main-traveled way and clearly visible from the roadway. Permit decals to replace any which have been issued and were improperly affixed, lost or destroyed, whether before or after attaching to the sign structure, may be purchased at a cost of $5.00. Signs bearing permit decals for signs other than the sign for which they were issued shall be in violation.

12. Forfeiture of permit fee. Outdoor advertising facilities for which permits have been issued shall be erected within 120 days and shall bear the official permit identification issued for the specific facility. If the applicant mails a written request for extension of time prior to expiration of the 120 days, an additional 60-day extension may be granted. Any permit canceled because no sign was erected within the prescribed time will result in forfeiture of the $20.00 fee.

13. Denial of permit renewals. An existing permit will not be renewed for an approved location on which no sign structure exists.

14. Removal and re-erection time limits. If an outdoor advertising sign is removed from a permitted location for any reason, the permit shall expire within 30 days from date of removal, except that the permittee may notify the Arizona Department of Transportation, Intermodal Transportation Division; Maintenance Permits Section, of intent to re-erect which will allow 120 days for re-erection. Failure to re-erect which will allow 120 days for re-erection. Failure to re-erect within the 120 days allowed will cancel the existing permit.

15. Transfer of permits. Permits are transferable upon sale of sign provided a new owner furnishes the Arizona Department of Transportation with notification of sale within 30 days after date of sale.

16. Calendar days. All references to days made in this permit application procedure, as well as those references in all rules and regulations applying to outdoor advertising control, shall mean calendar days.

C. Administrative rules.

1. Purpose. The purpose of this subsection is to present administrative rules developed by the Arizona Department of Transportation for control of outdoor advertising.

2. Restrictions on rights-of-way use. No sign shall be erected or maintained from or by use of interstate highway rights-of-way. Any observed action of this type will result in cancellation of the permit. Signs may be erected and maintained from primary and secondary highways only if no other access is available and an encroachment permit is issued.

3. Nonconforming signs shall be in violation if:

a. A sign is enlarged (increased in any dimensions of the sign face or structural support),

b. A sign is replaced (an existing sign is removed and replaced with a completely different sign),

c. A sign is rebuilt to a different configuration or material composition beyond normal maintenance,

d. A sign is relocated (moved to a new position or location without being lawfully permitted), or

e. A sign which was previously non-illuminated has lighting added.

4. Commercial or industrial activities. Commercial or industrial activities which define a business area, or an unzoned commercial or industrial area must be in operation at the time the permit application is made. Should any commercial or industrial activity, which has been used in defining or delineating a business area, or an unzoned commercial or industrial area, cease to operate for a period of six continuous months, any signs qualified by such activity shall become nonconforming.

5. On premise. Should any activity which has been used in defining an on-premise sign cease to operate for a period of six continuous months any signs qualified by that activity shall be considered as off premise and will require appropriate permits. If the signs are then not permitable they will be in violation.

6. Municipal limit between signs. When a municipal limit falls between signs the spacing requirement shall be 300 feet between signs on primary or secondary highways.

7. Proposed interstate alignment locations. Signs existing or to be erected on primary or secondary highway systems which have been declared by the Director of Transportation as an interstate freeway alignment prior to construction of such interstate or freeway shall be classified as though the Interstate or Freeway already exists, requiring spacing criteria for Interstate or other freeways.

8. Double-faced, back-to-back, and V-type signs. Double-faced, back-to-back and V-type sign structure permits will be limited to a single sign ownership for each site. No more than two faces will be allowed facing each direction of travel. Double-faced signs shall not exceed 350 square feet per face. V-type signs will be limited to a 10' spacing between faces at the apex. V-type sign spacing from other signs shall be measured from the middle of the apex.

Multifaced community signs. Local chambers of commerce may obtain permits to erect signs with more than two faces. These signs shall not exceed 1,200 square feet in area with a maximum overall vertical facing of 25 feet and a maximum overall horizontal facing of 60 feet, including border and trim, and excluding base or apron supports and other structural members. All other laws, rules and regulations will apply to multifaced community signs as to other off premise signs.

10. New sign making existing sign nonconforming. If a new sign which would otherwise be conforming will make an existing sign nonconforming, the new sign shall not be allowed.

11. Hearing requests. The land owner or sign owner may request a hearing in connection with a permit application denied or other action taken by the Arizona Department of Transportation in connection with the rules prescribed in this Section. Within seven days after notice of the action is mailed or posted, the land owner or sign owner may make written request for a hearing on the action. The Director of the Department of Transportation shall designate a hearing officer, who shall be an administrative employee of the Department of Transportation, to conduct and preside at the hearings. When a hearing is requested, the hearing shall be held within 30 days after the request, and the party requesting the hearing shall be given at least five days notice of the time of the hearing. All hearings shall be conducted at Department of Transportation administrative offices. A full and complete record and transcript of the hearing shall be taken. The presiding officer shall within 10 days after the hearing make a written determination of the presiding officer's findings of fact, conclusions and decision and shall mail a copy of the same, by certified mail, to the owner or the party who requested the hearing.

12. Landmark signs. The Director will submit a one-time declaration listing all landmark signs to the Secretary of Transportation. The preservation of these signs would be consistent with the purposes of state highway beautification laws.

13. Blanked out or discontinued nonconforming signs. When an existing nonconforming sign ceases to display advertising matter for a period of one year the use of the structure as a nonconforming outdoor advertising sign is terminated.

Vandalized signs. Legal nonconforming signs may be rebuilt to their original configuration and size when they are destroyed due to vandalism and other criminal or tortious acts.

D. Standards for directional and other official signs.

1. Purpose. The purpose of this subsection is to present standards applicable to directional and other official signs.

2. Scope and application. The standards presented in this Chapter apply to directional and other official signs and notices which are erected and maintained within 660 feet of the nearest edge of the right-of-way of the interstate, federal-aid primary and secondary highway systems and which are visible from the main-traveled way of the systems. These types of signs must conform to national standards, promulgated by the Secretary of Transportation under authority set forth in 23 U.S.C. 131(c). These standards do not apply, however, to directional and other official signs erected on the highway right-of-way.

3. Standards for directional signs. The following apply only to directional signs:

a. General. The following signs are prohibited:

i. Signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities.

ii. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

iii. Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

iv. Obsolete signs.

v. Signs which are structurally unsafe or in disrepair.

vi. Signs which move or have any animated or moving parts.

vii. Signs located in rest areas, parklands or scenic areas.

b. Size. No sign shall exceed the following limits, which include border and trim, but exclude supports.

i. Maximum area -- 150 square feet.

ii. Maximum height -- 20 feet.

iii. Maximum length -- 20 feet.

c. Lighting. Signs may be illuminated, subject to the following:

i. Signs which contain, include, or are illuminated by any flashing, intermittent or moving light or lights are prohibited.

ii. Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or primary highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

iii. No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal.

d. Spacing.

i. Each location of a directional sign must be approved by the Arizona Department of Transportation.

ii. No directional sign may be located within 2,000 feet of an interstate, or intersection at grade along the interstate system or other freeways (measured along the interstate of freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).

iii. No directional sign may be located within 2,000 feet of a rest area, parkland, or scenic area.

(1) No two directional signs facing the same direction of travel shall be spaced less than one mile apart;

(2) Not more than three directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;

(3) Directional signs located adjacent to the Interstate System shall be within 75 air miles of the activity; and

(4) Directional signs located adjacent to the Primary System shall be within 50 air miles of the activity.

(5) No directional signs shall be located within 500 feet of an off-premise outdoor advertising sign on any state highway.

e. Message content. The message on directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit number. Descriptive words or phrases, and pictorial or photographic representations of the activity or its environs are prohibited.

f. Selection methods and criteria for privately owned activities or attractions to obtain directional sign approval.

i. Privately owned activities are attractions eligible for directional signing are limited to the following categories:

(1) Natural phenomena,

(2) Scenic attractions,

(3) Historic sites,

(4) Educational sites,

(5) Cultural sites,

(6) Scientific sites,

(7) Religious sites, and

(8) Outdoor recreational areas.

ii. To be eligible, privately owned attractions or activities must be nationally or regionally known, and of outstanding interest to the traveling public.

iii. The Director, Arizona Department of Transportation, will appoint a Selection Board for Directional Signing Qualifications consisting of three administrative or professional employees of the Department of Transportation, one of whom shall be designated as chairperson, to judge and approve the qualifications for directional signing of privately owned activities or attractions as limited to the categories in subsection (D)(3)(f)(i) and the qualification in subsection (D)(3)(f)(ii).

iv. Applicants for directional signs involving privately owned activities or attractions, shall first qualify the activity or attraction by submitting an official qualification form to the attention of the maintenance permit engineer, highways division, Arizona Department of Transportation. The maintenance permit engineer will forward the application for qualification, along with any technical data which may assist the selection board in making the selection board's determination, to the selection board.

v. Applicant shall indicate one or more categories (as listed in subsection (D)(3)(f)(i) that is applicable to the activity or attraction for which qualification is sought. Applicants shall submit a statement and supporting evidence that the activity or attraction is nationally or regionally known and is of outstanding interest to the traveling public.

vi. The selection board will, upon approval or rejection of an application, give notification of the selection board's determination in writing, to the applicant and to the maintenance permit engineer.

vii. The maintenance permit engineer will not issue any permits for directional signs for any privately owned activity or attraction until receipt of qualification approval by the selection board. All directional sign permits issued for the Department of Transportation by the maintenance permit engineer will meet the standards for directional and other official signs as incorporated in the"Rules and Regulations for Outdoor Advertising along Arizona Highways" approved and issued by the Director, Arizona Department of Transportation.

g. Rural activity signs are intended to give directions to rural activity sites located along rural roads connecting to state highways. The signs must be located in areas primarily rural in nature. Rural activities that may qualify include ranches, recreational areas and mines. Signs for private residences, subdivisions, and commercial activities are not permitted. Industrial activities that are located in primarily rural areas such as mines or material pits may be allowed. The signs shall not be located in business areas, unzoned commercial or industrial areas, or within municipal limits. The selection board may make final determination of eligibility for those signs when necessary. Not more than one sign pertaining to a rural activity facing the same direction of travel may be erected along a single route approaching the rural connecting road. Signs will be limited to 10 square feet in area. All other standards for directional signs shall apply.

h. No application fee is required for official signs and notices, public utility signs, service club and religious notices, public service signs or directional signs erected by federal, state or local governments. Other directional signs require a permit application and $20.00 fee.

History

• Adopted effective January 3, 1977 (Supp. 77-1). Former Section R17-3-711 renumbered without change as Section R17-3-701 (Supp. 88-4). Amended by final rulemaking at 18 A.A.R. 2347, effective November 10, 2012 (Supp. 12-3).

Ariz. Admin. Code § R17-3-701.01 Outdoor Advertising Control: Restrictions on the Erection of Billboards and Signs and Restrictions on the Issuance of Permits

A. Outdoor advertising shall not be erected under A.R.S. § 28-2102(A)(4) or (5) in a zoned area:

1. Which is not part of a comprehensive zoning plan and which is created primarily to permit outdoor advertising structures, or

2. In which limited commercial or industrial activities are permitted as an incident to other primary land uses.

B. A permit for outdoor advertising shall not be issued under A.R.S. § 28-2106(4) in a zoned area:

1. Which is not part of a comprehensive zoning plan and which is created primarily to permit outdoor advertising structures, or

2. In which limited commercial or industrial activities are permitted as an incident to other primary land uses.

History

• Emergency rule adopted effective May 17, 1994, pursuant to A.R.S. § 41-1026, valid for 90 days (Supp. 94-2). Permanently adopted without change effective August 12, 1994 (Supp. 94-3).

Ariz. Admin. Code § R17-3-702 [REPEALED]

History

• Adopted effective September 9, 1977 (Supp. 77-5). Amended effective May 11, 1981 (Supp. 81-3). Former Section R17-3-712 renumbered without change as Section R17-3-702 (Supp. 88-4). Section R17-3-702 and Exhibits 1-9 repealed by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R17-3-703 Arizona Junkyard Control

A. Purpose. The purpose of this Section is to describe the Arizona Department of Transportation's responsibility to effectively control junkyards within 1000 feet of the right-of-way on interstate highways under A.R.S. §§ 28-7941 through 28-7946.

B. Definitions. For purposes of this Section:

1."Department" means the Arizona Department of Transportation.

2."Director" means the Director, Arizona Department of Transportation or the Director's designated representative.

3."Screening" means the use of vegetative planting, fencing, masonry wall or other constructed structure, earthen embankment, or a combination of any of these that effectively hides from view a deposit of junk from the main-traveled way.

4"Screening license" means a license issued by the Director as required by A.R.S. § 28-7943 and as described in this Section.

5."Unzoned industrial area" means the same as in A.R.S. § 28-7901(11).

C. Screening license application procedure.

1. Screening license required. The Department requires a screening license for a junkyard that:

a. Was established or expanded after July 1, 1974;

b. Is located within 1000 feet of the nearest edge of the right-of-way of the interstate highway system;

c. Is within view of the main-traveled way of the interstate highway system; and

d. Is not located in a zoned or unzoned industrial area.

Screening license form. An applicant shall use the Department"junkyard permit application" form to apply for a screening license, and provide the following information:

a. Name, address, and telephone number of the owner;

b. Legal description of the land where the junkyard to be screened is located;

c. Name and address of the junkyard business;

d. Location of the junkyard, including:

i. The highway route number,

ii. Distance, in feet, to nearest highway milepost,

iii. Distance, in feet, from the highway right-of-way to the junkyard boundaries.

e. Zoning classification of the land where the junkyard is located; and,

f. Type, size, and date of establishment of the junkyard.

Application mailed to Permits Manager. An applicant shall mail the completed junkyard permit application, required documentation and the $25.00 fee, in the form of a check or money order payable to the Arizona Department of Transportation, to:

Arizona Department of Transportation

Intermodal Transportation Division

206 South 17th Avenue, MD 004R

Phoenix, AZ 85007

Attention: Maintenance Permits Manager, Maintenance Section

4. Required documentation. Along with the junkyard permit application, an applicant shall submit the following documentation:

a. A location diagram or plat of the junkyard area that indicates:

i. The highway route number;

ii. Distance, in feet, to nearest highway milepost;

iii. Physical features such as buildings, bridges, culverts, utility poles, and other stationary improvements or site features that adequately describe the location; and

iv. Distance, in feet, from the highway right-of-way to the junkyard boundaries.

b. A drawing or plan, drawn to scale, of the junkyard screening design to be used, that includes:

i. Plan view;

ii. Elevation;

iii. Construction details of fencing, berms, and plantings used alone or in combination;

iv. If applicable, plant pit size, backfill material to be used, planting and staking details, botanical names of plant materials, plant size at the time of planting, and the spacing between plants; and

v. Any details necessary to show design and construction materials to be used.

5. Extensions. A request for an extension shall be in writing. The Department shall grant a 60 day extension in the following circumstances:

a. If an applicant requests an extension for completion of screening within 90 days after the Department approves a screening license; and

b. If the Department gives a junkyard owner a violation notice and the junkyard owner requests an extension to submit the screening application within 60 days of receiving the violation notice.

6. License issuance or denial.

a. The Department shall grant an application for a screening license only if the application complies with all requirements of A.R.S. §§ 28-7941 through 28-7946 and this Section.

i. A junkyard owner has 180 days from the date of approval to screen the junkyard.

ii. The Department shall field check each approved license to ensure compliance with the screening requirements of A.R.S. §§ 28-7941 through 28-7946, and this Section.

b. If the Department denies an application because the screening plan does not comply with A.R.S. §§ 28-7942 through 28-7946 or this Section, an applicant may, within 10 days of the denial, request permission in writing to submit an amended application and amended screening plan without paying an additional fee.

c. A junkyard owner who fails to complete the junkyard screening within 180 days from approval of the screening license, or other prescribed period, may be found guilty under subsection (D)(9).

Invalidation of screening license. An existing screening license shall become invalid at a previously approved location when the junkyard is enlarged or substantially changed in use so that the screening no longer adequately screens the junk. An owner shall apply for a new and separate screening license.

8. Transfer of screening license. To transfer a screening license upon sale of a junkyard, a new owner shall submit to the Department written notification of sale within 30 days after date of sale. Upon sale of a junkyard, the new owner shall continue all screening maintenance.

D. Screening.

1. Purpose. This subsection describes the requirements governing the location, planting, construction, and maintenance, of materials used in screening junkyards as required in A.R.S. § 28-7942(D).

2. Junkyard expansions. A junkyard owner shall be responsible for any expense to expand an existing junkyard screen. Screening expansions shall be aesthetically compatible, as the Director determines, with existing screens.

3. Screening location. Fences and screens shall be located so as not to be hazardous to the traveling public. New junkyards and expansions shall have screens in place before any junk is deposited.

4. Acceptable screening. When fencing is used alone or in combination with plant material, the fencing shall be capable of screening the junk entirely from view. When planting is used alone or in combination with an earthen berm, the number, type, size, and spacing of the plants shall be capable of screening the junk entirely from view, as determined by the Department.

5. Acceptable fencing materials. Acceptable fencing includes: steel or other metals; durable woods such as heart cypress, redwood, or other wood treated with a preservative; and walls of concrete block, brick, stone, or other masonry. Metal fencing shall be stained, colored, coated, or painted to blend into surroundings and be aesthetically unobtrusive.

6. Acceptable plant materials. Plant materials used shall be predominantly evergreen. In general, the minimum size of plant materials used shall be equal to five-gallon containers. An applicant may obtain a list of acceptable plant materials from the Department.

7. Screening maintenance. A junkyard owner shall ensure that screening does not enter the right-of-way. A junkyard owner shall maintain all screening in good condition by:

a. Maintaining fences, walls, or other structural material in good appearance by timely painting and repair.

b. Adequately watering, cultivating, mulching, or giving other maintenance to plant material, including spraying for insect control, to keep the planting in healthy condition; and

c. Removing all dead plant material immediately and replacing it promptly during the following planting season. Replacement plants shall be at least as large as the initial planting as approved on the screening license.

8. Abandoned, destroyed, or voluntarily discontinued junkyards. A junkyard that ceases to operate for a period of one year or longer, shall comply with A.R.S. § 28-7943 and obtain a screening license to be reopened.

Violation.

a. The Department shall issue a violation notice to a junkyard owner for failing to comply with A.R.S. §§ 28-7941 through 28-7946. A junkyard owner shall have 60 days from the date the violation notice is issued to apply for a screening license and submit a screening plan for the Department's review and approval.

b. A person who violates any provision of A.R.S. §§ 28-7941 through 28-7946 or this Section for junkyard control can be found guilty of a misdemeanor under A.R.S. § 28-7946.

History

• Adopted effective September 7, 1979 (Supp. 79-5). Amended effective June 13, 1980 (Supp. 80-3). Former Section R17-3-713 renumbered without change as Section R17-3-703 (Supp. 88-4). Amended by final rulemaking at 8 A.A.R. 844, effective February 8, 2002 (Supp. 02-1).

Article 8 EXPIRED

Ariz. Admin. Code § R17-3-801 Expired

History

• Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Amended by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 382, effective February 4, 2020 (Supp. 20- 1).

Ariz. Admin. Code § R17-3-802 Expired

History

• Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Amended by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 382, effective February 4, 2020 (Supp. 20- 1).

Ariz. Admin. Code § R17-3-803 Expired

History

• Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 382, effective February 4, 2020 (Supp. 20-1).

Ariz. Admin. Code § R17-3-804 Expired

History

• Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 382, effective February 4, 2020 (Supp. 20-1).

Ariz. Admin. Code § R17-3-805 Expired

History

• Adopted effective May 30, 1984 (Supp. 84-3). Correction to subsection (C) (Supp. 88-4). Amended effective August 3, 1994 (Supp. 94-3). Amended by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 382, effective February 4, 2020 (Supp. 20-1).

Ariz. Admin. Code § R17-3-806 Expired

History

• Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Amended by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 382, effective February 4, 2020 (Supp. 20- 1).

Ariz. Admin. Code § R17-3-807 Expired

History

• Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Amended by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 1589, effective February 4, 2020 (Supp. 20- 3).

Ariz. Admin. Code § R17-3-808 Expired

History

• Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 382, effective February 4, 2020 (Supp. 20-1).

Ariz. Admin. Code § R17-3-809 [REPEALED]

History

• Adopted effective May 30, 1984 (Supp. 84-3). Amended effective August 3, 1994 (Supp. 94-3). Section repealed by final rulemaking at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-2).

Article 9 HIGHWAY TRAFFIC CONTROL DEVICES

Ariz. Admin. Code § R17-3-901 Signing for Colleges and Universities

A. Definitions.

"Community College" has the meaning as prescribed in A.R.S. § 15-1401.

"Department" means the Arizona Department of Transportation.

"FHWA" means the Federal Highway Administration of the U.S. DOT.

"Major metro area" means an urban area with a population of at least 50,000.

"Municipality" means an incorporated city or town.

"MUTCD" means the Manual on Uniform Traffic Control Devices, a national standard for the design and application of traffic control devices that is published by the U.S. DOT/FHWA and that is the standard for traffic control devices on the streets and highways of this state as required by A.R.S. § 28-641.

"Nonconforming sign" means an erected sign that does not comply with this Section or A.R.S. § 28-642(D) due to changes in the statutes, rules, or changed conditions. Examples of changed conditions include the reconstruction of a highway or physical deterioration of a sign.

"Regionally accredited college or university" means a college or university accredited by a regional institutional accrediting association recognized by the Arizona State Board for Private Postsecondary Education.

"Rural area" means all areas other than a major metro area or an urban area.

"Signing" means standard highway supplemental guide signs as specified in the MUTCD.

"State highway" has the same meaning as prescribed in A.R.S. § 28-101.

"State University" means a university established and maintained by the Arizona Board of Regents under A.R.S. § 15-1601.

"Trailblazing sign" means a sign installed by a local governmental agency, off the state highway, to guide traffic to a college or university.

"Trip" means a one-way commute to or from a college or university, calculated by the Department based on the number of students or dorm beds, using the following equivalents:

One student = 1 1/2 trips

One dorm bed = three trips.

"Urban area" means a municipality having a population of at least 10,000 but less than 50,000.

"U.S. DOT" means the United States Department of Transportation.

B. Application for signing. A college or university referenced in A.R.S. § 28-642(D) may request signing by submitting a letter on its letterhead to the Department's State Traffic Engineer. The letter shall contain the following information:

1. Name of college or university;

2. Complete street address;

3. Names of agencies granting accreditation;

4. Number of students;

5. Number of dormitory beds, if applicable; and

Signature of a person authorized to sign for the college or university.

C. Requirements. To be considered for signing, a college or university referenced in A.R.S. § 28-642(D) shall satisfy the following:

1. Is on a road that intersects a state highway. If a college or university is on a road that does not intersect a state highway, it still may qualify if:

a. The governing political subdivision submits to the Department, within 30 days from the Department's receipt of the request for signing, written confirmation stating that the governing political subdivision will install and maintain trailblazing signs; and

b. The governing political subdivision installs trailblazing signs before the Department places signing on the state highway.

2. Meets all the requirements under subsection (C)(2)(a), (b), or (c) of this Section.

a. If in a major metro area:

i. Generates at least 4000 trips per weekday.

ii. Is three miles or less from a state highway, except the distance may be increased 1/4 mile for each 10% increase in the required number of trips per weekday to a maximum of five miles.

b. If in an urban area:

i. Generates at least 2000 trips per weekday.

ii. Is four miles or less from a state highway, except the distance may be increased 1/4 mile for each 10% increase in the required number of trips per weekday to a maximum of five miles.

c. If in a rural area:

i. Generates at least 1000 trips per weekday.

ii. Is five miles or less from the state highway, except the distance may be increased 1/4 mile for each 10% increase in the required number of trips per weekday to a maximum of 15 miles.

D. Exceptions to standards. The Department may place supplemental guide signs on state highways to direct traffic to colleges and universities. The Department shall determine whether to place supplemental guide signs for a college or university based on the specific criteria and the guidelines in the MUTCD.

E. Nonconforming signs. The Department may remove a nonconforming sign if:

1. Other signs have greater priority under the criteria in the MUTCD,

2. Physical spacing of signs is limited for an upcoming interchange or intersection, or

3. A greater number of trips are generated by the subject of other guide signs.

F. College or university. Only the initial, main campus of a college or university referenced in A.R.S. § 28-642(D) may qualify for signing, unless otherwise permitted by statute.

History

• Adopted effective May 7, 1991 (Supp. 91-2). Amended by final rulemaking at 8 A.A.R. 3838, effective August 12, 2002 (Supp. 02-3). Amended by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

Ariz. Admin. Code § R17-3-902 Logo Sign Programs

A. Definitions.

"Attraction" means any of the following:

"Arena" means a facility that has a capacity of at least 5000 seats, and is a:

Stadium or auditorium;

Track for automobile, boat, or animal racing; or

Fairground that has a tract of land where fairs or exhibitions are held and permanent buildings that include bandstands, exhibition halls, and livestock exhibition pens.

"Cultural" means an organized and permanent facility that is open to all ages of the public, and is a:

Facility for the performing arts, exhibits, or concerts; or

Museum with professional staff, and an artistic, historical, or educational purpose, that owns or uses tangible objects, cares for them, and exhibits them to the public.

"Domestic farm winery" means a site licensed by the Arizona Department of Liquor Licenses and Control under A.R.S. § 4-205.04 that produces at least 200 gallons and not more than 40,000 gallons of wine annually that is commercially packaged for off-premises sale, and is open to the public for tours to provide an educational format for informing visitors about wine.

"Domestic microbrewery" means a site licensed by the Arizona Department of Liquor Licenses and Control under A.R.S. § 4-205.08 that produces not less than 5000 gallons of beer in each calendar year following the first year of operation and not more than 1.24 million gallons of beer in a calendar year, and is open to the public for tours to provide an educational format for informing visitors about beer.

"Dude ranch" means a facility offering overnight lodging, meals, horseback riding, and activities related to cattle ranching;

"Farm-related" means an established area or facility where consumers can purchase directly from Arizona producers locally-grown, consumer-picked or pre-picked produce, or local products produced from locally-grown produce.

"Golf course" means a facility offering at least 18 holes of play. Golf course excludes a miniature golf course, driving range, chip-and-putt course, and indoor golf.

"Historic" means a structure, district, or site that is listed on the National or Arizona Register of Historic Places as being of historical significance, and includes an informational device to educate the public about the facility's historic features.

"Mall" means a shopping area with at least 1 million square feet of retail shopping space.

"Recreational" means a facility for physical exercise or enjoyment of nature that includes at least one of the following activities: walking, hiking, skiing, boating, swimming, picnicking, camping, fishing, playing tennis, horseback riding, skating, hang-gliding, and climbing;

"Scenic tours" means a business that offers guided tours of scenic areas in Arizona through various means, including air, motorized vehicle, animal, walking, or biking;

"Average annual daily traffic" means the total volume of traffic passing a point or segment of an interstate or other state highway in both directions for one year, divided by the number of days in the year, adjusted for hours of the day counted, days of the week, and seasons of the year.

"Business" means an entity that provides a specific service open for the general public and is located on a roadway within the required distance of an interstate or other state highway.

"Contract" means a written agreement between a contractor and the Department to operate a logo sign program or any aspect of a logo sign program that describes the obligations and rights of both parties.

"Contractor" means a person or entity that enters into an agreement with the Department to operate a logo sign program or any aspect of a logo sign program, and that is responsible for those aspects of a logo sign program as provided in the contract.

"Department" means the Arizona Department of Transportation.

"Exit ramp" means a roadway by which traffic may leave a controlled access highway.

"FHWA" means the Federal Highway Administration of the U.S. DOT.

"Food court" means a collective food facility that exists in one contiguous area and contains a minimum of three separate food service businesses.

"Highway" has the same meaning as prescribed in A.R.S. § 28-101.

"Interchange" means the point at which traffic on a system of interconnecting roadways that have one or more grade separations, moves from one roadway to another at a different level.

"Intersection" has the same meaning as prescribed in A.R.S. § 28-601.

"Interstate system" has the same meaning as prescribed in A.R.S. § 28-7901.

"Lease agreement" means a written contract between a contractor and a responsible operator, or between the Department and a responsible operator, to lease space for a responsible operator's logo on a contractor's or the Department's specific service information sign.

"Logo" means an identification brand, symbol, trademark, name, or a combination of these, for a responsible operator.

"Logo sign" means a specific service information sign consisting of a lettered board attached to a separate rectangular panel that displays an identification brand, symbol, trademark, name, or a combination of these, for a responsible operator.

"Logo sign panel" means a separate rectangular panel on which a logo is placed.

"Municipality" means an incorporated city or town.

"MUTCD" means the Manual on Uniform Traffic Control Devices, a national standard for the design and application of traffic control devices that is published by the U.S. DOT/FHWA and that is the standard for traffic control devices on the streets and highways of this state as required by A.R.S. § 28-641.

"Primary business" means:

A gas service business that is within three miles of an intersection or exit ramp; is in continuous operation to provide services at least 16 hours per day, seven days per week for the interstate system; and 12 hours per day, seven days per week, for other highways;

A food service business that is within three miles of an intersection or exit ramp terminal and is in continuous operation to serve at least two meals per day at least six days per week;

A lodging service business that is within three miles of an intersection or exit ramp terminal;

A camping service business that is within five miles of an intersection or exit ramp terminal;

An attraction service business, or staging area of that business, that is within three miles of an intersection or exit ramp terminal; or

A 24-hour pharmacy that is within three miles in any direction of an interchange or exit ramp terminal on the interstate system.

"Ramp terminal" means the area where an exit ramp intersects with a roadway.

"Responsible operator" means a person or entity that:

Owns or operates an eligible business, pursuant to subsection (C) of this Section,

Has authority to enter into a lease,

Enters into a lease for a logo sign through the rural or urban logo sign program, and

Has not become ineligible to participate.

"Rural logo sign program" means a system to install and maintain specific service information signs on a rural state highway outside of an urbanized area, as provided in A.R.S. § 28-7311(E)(2).

"Rural state highway" means any class of state highway, located outside of an urbanized area as provided in A.R.S. § 28-7311(E)(2).

"Secondary business" means a business as follows:

A gas service business that is within three to 15 miles of an intersection or exit ramp terminal, and is in continuous operation to provide services at least eight hours per day, five consecutive days per week;

A food service business that is within three to 15 miles of an intersection or exit ramp terminal, and is in continuous operation to serve at least two meals per day (either breakfast and lunch, or lunch and dinner) for a minimum of five consecutive days per week;

A lodging service business that is within three to 15 miles of an intersection or exit ramp terminal;

A camping service business that is within five to 15 miles of an intersection or exit ramp terminal; or

An attraction service business, or staging area of that business, that is within three to 15 miles of an intersection or exit ramp terminal.

"Specific service" means gas, food, lodging, camping, attractions, or 24-hour pharmacies.

"Specific service information sign" means a rectangular sign panel that contains directional information, one or more logos, and the following words:

"GAS,""FOOD,""LODGING,""CAMPING,""ATTRACTION," OR"24-HOUR PHARMACY."

"Staging area" means a regular, designated site where a scenic tour begins.

"State highway" has the same meaning as prescribed in A.R.S. § 28-101.

"Trailblazing sign" means a specific service information sign that provides additional directional guidance to a location, route, or building from another highway or roadway.

"Urbanized area" has the same meaning as prescribed in A.R.S. § 28-7311(E)(2).

"Urban logo sign program" means a system to install and maintain specific service information signs on an interstate system or other state highway within an urbanized area, as provided in A.R.S. § 28-7311.

"U.S. DOT" means the United States Department of Transportation.

B. Administration.

1. The Department may operate an urban and a rural logo sign program, or may select a contractor to administer an urban and a rural logo sign program. An urban logo sign program may be implemented on state highways in any urbanized areas in the state. A rural logo sign program may be implemented on state highways located outside of urbanized areas in the state. If the Department utilizes a contractor to administer an urban and a rural logo sign program, the Department shall solicit offers, as provided in A.R.S. §§ 41-2501 through 41-2673, to select a contractor.

2. The Department may contract separately for an urban and a rural logo sign program.

3. A contract shall specify the standards that a contractor shall use, which are contained in the MUTCD, U.S. DOT/FHWA current edition as adopted by the Department under A.R.S. § 28-641 and any other requirements and standards prescribed by the Department.

4. The Department may propose its own form of a written lease agreement with a responsible operator. The Department shall prescribe the form of any written lease agreement between a contractor and a responsible operator. A contractor's lease agreement with a responsible operator shall include, by reference, the terms and conditions of the Department's contract with a contractor under A.R.S. §§ 41-2501 through 41-2673. A contractor or the Department may terminate program participation of any responsible operator under subsection (C)(1) of this Section.

C. Eligibility criteria for primary and secondary businesses.

1. Any business is ineligible to place a logo on a logo sign panel on a particular state highway if it already has a highway guide sign installed on that state highway by a contractor or the Department. Any business is ineligible for program participation if:

a. Thirty calendar days have elapsed since a contractor or the Department issued a notice of default to a business, during which time a business failed to cure the default, or

b. A business has defaulted on a lease.

2. Gas service business. To be eligible to place a logo on a logo sign panel, a gas service business shall:

a. Provide gasoline, diesel fuel, oil, and water for public purchase or use;

b. Provide sanitary restroom facilities and drinking water;

c. Provide a telephone available for public use; and

d. Meet the additional requirements for a primary or secondary gas service business in the definition of a primary or secondary business in subsection (A) of this Section.

3. Food service business. To be eligible to place a logo on a logo sign panel, a food service business shall:

a. Provide sanitary restroom facilities for customers;

b. Provide a telephone available for public use;

c. If a food service business is part of a food court located within a shopping mall, the shopping mall may qualify as the responsible operator if the food court:

i. Complies with this Section, and

ii. Has clearly identifiable, on-premise signing consistent with the logo sign that is sufficient to guide motorists directly to the entrance to the food court.

d. Have a license where required; and

e. Meet the additional requirements for a primary or secondary food service business in the definition of a primary or secondary business in subsection (A) of this Section.

4. Lodging service business. To be eligible to place a logo on a logo sign panel, a lodging service business shall:

a. Provide five or more units of sleeping accommodations;

b. Provide a telephone available for public use;

c. Have a license, where required;

d. Provide sanitary restroom facilities for customers; and

e. Meet the additional requirements for a primary or secondary lodging service business in the definition of a primary or secondary business in subsection (A) of this Section.

5. Camping service business. To be eligible to place a logo on a logo sign panel, a camping service business shall:

a. Be able to accommodate all common types of travel trailers and recreational vehicles;

b. Have a license, where required;

c. Provide sanitary restroom facilities and drinking water;

d. Be available on a year-round basis unless camping in the community is of a seasonal nature in which case, the facilities in question shall be open to the public 24 hours per day, seven days per week during the entire season; and

e. Meet the additional requirements for a primary or secondary camping service business in the definition of a primary or secondary business in subsection (A) of this Section.

Attraction service business. To be eligible to place a logo on a logo sign panel, an attraction service business shall meet the following requirements, if applicable:

a. Derive less than 50% of its sales from:

i. The sale of alcohol consumed on the premises, or

ii. Gambling.

b. Derive more than 50% of its sales or visitors during the normal business season from motorists who do not reside within a 25-mile radius of the business.

c. Provide at least 10 parking spaces.

d. Provide historical, cultural, amusement, or leisure activities to the public.

e. Be in continuous operation at least six hours per day, six days per week, except:

i. An arena attraction shall hold events at least 28 days annually;

ii. A cultural attraction shall be open at least 180 days annually;

iii. A domestic farm winery or domestic microbrewery shall be open for tours at least 40 days annually;

iv. A farm-related attraction shall be open at least 120 days annually; or

v. A dude ranch shall be open at least 150 days annually.

f. Meet the additional requirements for a primary or secondary attraction service business in the definition of a primary or secondary business in subsection (A) of this Section.

Twenty-four hour pharmacy business. To be eligible to place a logo on a logo sign panel, a 24-hour pharmacy business shall:

a. Operate continuously 24 hours per day, seven days per week;

b. Have a state-licensed pharmacist present and on duty at all times; and

c. Meet the additional requirements for a primary 24-four hour pharmacy business in the definition of a primary business in subsection (A) of this Section.

D. Responsible operator pricing and lease procedures.

1. In the rural and urban logo sign programs, a contractor or the Department may use:

a. Rate schedules that are established and periodically adjusted by the Department; or

b. Competitive pricing established by one or more offers from potential or current responsible operators.

2. A contractor or the Department may use competitive pricing or rate schedules to determine the ranking order of potential or current responsible operators who may be awarded a logo sign lease at each appropriate highway interchange or location.

3. Along with the amount of available signage, competitive pricing or rate schedules may be based on any one or a combination of the following additional factors:

a. The average, annual, daily traffic at, or adjacent to, the highway location of the specific service information sign;

b. The population mix and relative distribution between primary and secondary businesses that appear to meet all the program requirements;

c. The ranking order determined by a contractor or the Department as established by competitive pricing proposed or offered by potential or current responsible operators, or rate schedules, at each appropriate highway interchange or location; or

d. The competitive market conditions, as well as economic, regulatory, logistical, and other related factors as determined by the Department.

4. If any of the factors in subsection (D)(3) of this Section are used in competitive pricing or rate schedules, a contractor or the Department shall make information relevant to these factors available to businesses on the contractor's or the Department's website.

5. If the factors in subsection (D)(3) of this Section do not resolve the business rankings at a location, a contractor or the Department shall prioritize the remaining requests for placement of a logo on a specific service information sign panel based on the following additional factors in the order listed below:

a. The responsible operator situated closest to the highway intersection or exit ramp terminal;

b. A gas service business or a food service business that provides the most days and hours of service to the public; and

c. The first-in-time, eligible responsible operator to request placement of a logo on a logo sign panel.

6. If a potential responsible operator requests placement of a logo on a specific service information sign panel at a highway intersection or interchange where there are no available placements, and does so no later than 90 calendar days before the first expiration of an existing lease with a lower-ranked responsible operator at that location, a contractor or the Department may award a lease to the highest-ranked responsible operator at that location. A contractor or the Department may establish a waiting list of requesting businesses and potential responsible operators.

7. A contractor or the Department may choose not to renew an existing lease or a lease expiring within the next 90 calendar days, if another eligible business with higher priority requests placement of a logo on a specific service information sign panel at the same location.

E. Secondary businesses.

1. Lease limitations. For a secondary business, a contractor or the Department may enter into a lease for up to five years or renew a lease for up to five years, with the following terms:

a. A contractor or the Department shall review the lease of a responsible operator at the beginning of the 24th month of the lease term to determine if the responsible operator complies with all other terms of the lease;

b. After the 24-month review, a contractor or the Department may terminate the lease and remove the appropriate logo from the logo sign panel if another eligible business with higher priority requests lease space for a logo on a logo sign panel; and

c. A contractor or the Department shall notify a responsible operator at least 90 calendar days before terminating the lease and removing a logo from the logo sign panel.

2. A contractor or the Department may display the following additional information on a specific service information sign for a secondary business, as space allows, based on the following ranking order:

a. Distance,

b. Days and hours of operation, and

c. Seasonal operation.

F. Contractor or Department responsibility.

1. A contractor shall follow all Department design standards and specifications for all sign panels, supports, and materials, as provided in the contract and the MUTCD.

2. A contractor or the Department shall ensure that a business complies with all criteria established in this Section. A contractor or the Department may choose not to enter into a lease agreement or renew a lease agreement if the eligibility criteria in subsection (C) of this Section are not met. If a responsible operator becomes ineligible to place a logo on a logo sign panel, a contractor or the Department shall remove a logo from a logo sign panel after notifying a responsible operator as provided in the lease.

3. A contractor or the Department shall require that a responsible operator certify in writing as directed that a responsible operator will comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and contractual requirements of the rural or urban logo sign program.

Nothing in these rules shall require a contractor or the Department to place or maintain a specific service information sign at any particular interchange or intersection. A contractor or the Department shall not place a specific service information sign that obstructs or interferes with a traffic control device.

5. A contractor shall not remove or relocate an existing official traffic control device, as defined in A.R.S. § 28-601, to accommodate a specific service information sign without prior written approval by the Department, or a local authority under A.R.S. § 28-643.

6. A contractor or the Department shall provide a copy of the signed lease agreement to a responsible operator. A responsible operator shall deliver a logo for the logo sign panel to a contractor or the Department for installation, or contract with a contractor to fabricate a logo for a logo sign panel to a responsible operator's, and the Department's, specifications.

Within 30 calendar days after receipt of a written request from a responsible operator, a contractor or the Department shall return any pre-paid lease payments to a responsible operator if a responsible operator's logo is not installed on a logo sign panel within 90 calendar days of tendering the payments, for reasons solely caused by the Department or a contractor.

8. A contractor shall obtain an encroachment permit under R17-3-501 through R17-3-509 before erecting or modifying a specific service information sign along a state highway.

9. If a contractor requests an encroachment permit under R17-3-501 through R17-3-509, the Department's staff shall decide the best placement of a specific service information sign and shall cooperate with a contractor to provide information to the motoring public as prescribed in subsection (E)(2) of this Section.

10. If an urban or rural logo sign program is terminated, a contractor or the Department shall:

a. Notify a responsible operator by certified mail, or a mutually agreed upon electronic communication method, of the program termination and the location where a responsible operator may claim its logo;

b. Remove all sign panels and supports, as directed by the Department; and

c. Refund any unused lease payments on a prorated basis to each responsible operator.

11. A contractor or the Department shall solely determine the position and location of new or additional logos on logo sign panels or specific service information signs when logo sign vacancies occur on a logo sign panel or a specific service information sign panel, and a new responsible operator wishes to lease space on that panel, or a waiting list exists.

12. In a lease agreement with a responsible operator, a contractor or the Department may collect all applicable taxes.

G. Urbanized or rural boundary changes. If the boundaries of an urbanized area, as identified in a subsequent decennial census, are relocated or adjusted, a contractor or the Department shall allow:

The logo signs within the urbanized area boundaries and outside of those boundaries to remain in place until the minimum lease obligations between a contractor or the Department and a responsible operator have been fulfilled; or

2. Until lease termination, whichever occurs first.

H. Signage transition. Logo signage in place at the end of a lease term following boundary changes in subsection (G) of this Section may be transitioned from the urban to the rural logo sign program or from the rural to the urban logo sign program as appropriate.

I. Elimination of exit ramp or interchange. When the Department eliminates an exit ramp or interchange from the state highway system, a contractor or the Department may install and maintain a specific service information sign at an exit ramp or interchange directly preceding the exit ramp or interchange that the Department eliminates in each direction, as follows:

1. On request of a responsible operator, the Department may relocate a logo sign panel or a specific service information sign, as deemed appropriate by the Department.

2. A business affected by exit ramp or interchange elimination shall meet all eligibility criteria for continued program participation as prescribed in Subsection C of this Section and the following:

a. Be located directly off the interstate or other state highway, and

b. Had previous routine access from the eliminated exit ramp or interchange with direct access from:

i. The crossroad at the eliminated exit ramp or interchange;

ii. The frontage road of the interstate or other state highway at the eliminated exit ramp or interchange, within 1000 feet of the crossroad; or

iii. The frontage road of the interstate or other state highway at the eliminated exit ramp or interchange, within 1000 feet of the crossroad, as the frontage road existed before the exit ramp or interchange was eliminated.

History

• Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Former Section R17-3-911 renumbered without change as Section R17-3-909 (Supp. 88-4). Former Sections R17-3-902 through R17-3-909 renumbered without change as Section R17-3-902 (Supp. 89-1). Amended effective May 3, 1993 (Supp. 93-2). Amended by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Amended by final rulemaking at 9 A.A.R. 5047, effective November 4, 2003 (Supp. 03-4). Amended by final rulemaking at 11 A.A.R. 3856, effective September 15, 2005 (Supp. 05-3). Amended by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

Ariz. Admin. Code § R17-3-903 [REPEALED]

History

• Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1). New Section made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Amended by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2). Repealed by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

Ariz. Admin. Code § R17-3-904 MUTCD Requirements for Logo Signs

A. Number of sign panels and services allowed. No more than four specific service information sign panels are allowed on an interstate or other state highway at the approach to an intersection, interchange, or exit ramp.

1. Each specific service information sign panel shall contain a maximum of six logos as provided in Chapter 2J of the current version of the MUTCD.

2. No more than two specific service information sign panels for each type of specific service are allowed on an interstate or other state highway at the approach to an intersection, interchange, or exit ramp. A contractor or the Department may combine types of specific services as prescribed in subsection (A)(3) of this Section.

3. Except for existing logo signs displayed or approved for display as of July 6, 2012, no more than three types of services shall be represented on any specific service information sign panel. If three types of services are displayed on one specific service information sign panel, the panel shall have two logo sign panels for each service, or a total of six logo sign panels. If two types of services are displayed on one sign, the logo sign panels shall be limited to either three for each type, for a total of six logo sign panels, or four for one type and two for the other type, for a total of six logo sign panels.

4. One service type shall appear on no more than two specific service information sign panels.

5. When logos for more than six businesses of a specific service type are displayed at the same interchange or intersection approach, no more than 12 logos of a specific service type shall be displayed on no more than two specific service information sign panels.

B. Sign sequence. A contractor or the Department shall install successive specific service information signs for participating responsible operators in the direction of travel for the following as specified in the MUTCD:

Twenty-four hour pharmacies,

Attractions,

3. Camping,

4. Lodging,

5. Food, and

6. Gas services.

C. Seasonal requirements. If a responsible operator operates on a seasonal basis, a contractor or the Department shall:

1. Remove or cover a logo on a logo sign panel during the off-season; or

Display the dates of operation, if additional information is not required on the sign under R17-3-902(E)(2).

D. Sign standards. If the Department decides to move a specific service information sign because of construction or reconstruction of transportation facilities, or the placement of other signs or traffic control devices, the standards of the MUTCD apply regarding the new placement.

E. Trailblazing signs.

1. A contractor or the Department shall install a trailblazing sign for a responsible operator along a highway if a responsible operator's business is not located on, and is not visible from, an intersection with a highway as directed from the specific service information sign.

2. A contractor or the Department may locate a trailblazing sign near all intersections where the direction of the route changes or where a motorist may be uncertain which road to follow.

3. A trailblazing sign is limited to four or fewer logo sign panels.

4. A contractor or the Department shall obtain written approval from a local governing authority to install and maintain a trailblazing sign along a highway that is not under the Department's maintenance jurisdiction.

5. A contractor or the Department shall not install a logo on a specific service information sign panel until all necessary trailblazing signs have been installed.

6. A trailblazing sign shall indicate by arrow the direction to a responsible operator's business.

7. A trailblazing sign may:

a. Duplicate the logo sign or specific service information sign, or both;

b. Consist of two lines of text; or

c. Include the type of specific service and distance to a responsible operator's business.

F. Sign requirements. A logo sign shall comply with A.R.S. § 28-648. Descriptive advertising words, phrases, or slogans are prohibited on a logo sign, except:

1. If a responsible operator does not have an official trademark or logo, a responsible operator may display as its logo, on a logo sign panel, the name indicated in its partnership agreement, incorporation documents, or other documentation.

2. A contractor or the Department may place supplemental wording on logo sign panels in accordance with the MUTCD.

History

• Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1). New Section made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Amended by final rulemaking at 9 A.A.R. 4132, effective September 9, 2003 (Supp. 03-3). Amended by final rulemaking at 9 A.A.R. 5047, effective November 4, 2003 (Supp. 03-4). Amended by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

Ariz. Admin. Code § R17-3-905 Rural Logo Sign Requirements

A. In addition to R17-3-902 through R17-3-904 and R17-3-906, the spacing between specific service information signs on a rural state highway shall be in accordance with the MUTCD based on engineering judgment.

B. Agreement. A community official designated by a municipality or town organized under Arizona law may sign a written agreement with a contractor or the Department to prohibit installation of logos on logo sign panels or specific service information sign panels on rural state highways within the recognized boundaries of the community.

History

• Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1). New Section made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Amended by final rulemaking at 18 A.A.R. 1263, effective July 6, 2012 (Supp. 12-2). Amended by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

Ariz. Admin. Code § R17-3-906 Existing Leases

Any change to R17-3-902 through R17-3-905 does not affect a responsible operator's lease before the current lease expires.

History

• Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1). New Section made by final rulemaking at 9 A.A.R. 624, effective February 7, 2003 (Supp. 03-1). Amended by final rulemaking at 9 A.A.R. 5047, effective November 4, 2003 (Supp. 03-4). Amended by final rulemaking at 19 A.A.R. 1324, effective July 6, 2013 (Supp. 13-2).

Ariz. Admin. Code § R17-3-907 [REPEALED]

History

• Adopted effective March 22, 1985 (Supp. 85-2). Former Section R17-3-907 repealed and a new Section R17-3-907 adopted effective June 18, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1).

Ariz. Admin. Code § R17-3-908 [REPEALED]

History

• Adopted effective March 22, 1985 (Supp. 85-2). Former Section R17-3-908 repealed and a new Section R17-3-908 adopted effective April 10, 1987 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1).

Ariz. Admin. Code § R17-3-909 [REPEALED]

History

• Adopted effective March 22, 1985 (Supp. 85-2). Amended effective April 10, 1987 (Supp. 87-2). Former Section R17-3-911 renumbered without change as Section R17-3-909 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 1021, effective February 8, 2001 (Supp. 01-1).

Chapter 4 DEPARTMENT OF TRANSPORTATION - TITLE, REGISTRATION, AND DRIVER LICENSES

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R17-4-101 Definitions

In addition to the definitions prescribed under A.R.S. § 28-101, A.R.S. § 28-3001, and 6 CFR 37.3, the following terms apply to this Chapter, unless otherwise specified:

"Non-operating identification license" means a credential issued by the Department for identification purposes only, as prescribed under A.R.S. § 28-3165, which does not grant authority to operate a motor vehicle and is not intended to be accepted by federal agencies for an official purpose defined under 6 CFR 37.3.

"Travel-compliant driver license" has the same meaning as the term REAL ID Driver's License defined under 6 CFR 37.3, which is a driver license issued by the Department as prescribed under A.R.S. § 28-3175 in compliance with A.R.S. Title 28, Chapter 8, and the federal standards provided under 6 CFR 37 for state issuance of secure credentials intended to be accepted by federal agencies for official purposes.

"Travel-compliant identification license" has the same meaning as the term REAL ID Identification Card as defined under 6 CFR 37.3, which is a non-operating identification license issued by the Department as prescribed under A.R.S. § 28-3175 in compliance with A.R.S. Title 28, Chapter 8, and the federal standards provided under 6 CFR 37 for state issuance of secure credentials acceptable by federal agencies for official purposes.

History

• Adopted by final rulemaking at 25 A.A.R. 1885, effective 7/2/2019.

Article 2 VEHICLE TITLE

Ariz. Admin. Code § R17-4-201 Definitions

In addition to the definitions prescribed under A.R.S. §§ 28-101, 28-2001, and 28-3001, the following definitions apply to this Article, unless otherwise specified:

"Authorized ELT Participant" means a lending institution or finance company authorized by the Division to electronically release a lien or encumbrance.

"Date of lien" means the date identified by the lienholder as the date the loan was issued to the borrower.

"Division" means the Arizona Department of Transportation's Motor Vehicle Division.

"Encumbrance" means a lien recorded, by the Division, on a vehicle or mobile home record and the Arizona Certificate of Title.

"ELT" means Electronic Lien and Title.

"EPA standards" means the emission standards of the Environmental Protection Agency, as prescribed under 40 CFR 86.

"FMVSS" means the Federal Motor Vehicle Safety Standards as prescribed under 49 CFR 571.

"Joint tenancy with right of survivorship" means vehicle ownership by two or more persons and the deceased joint owner's interest in the vehicle is transferred to the surviving owners.

"Lienholder" means a person or entity retaining legal possession of a vehicle or mobile home until the debtor has satisfactorily repaid the loan for which the vehicle or mobile home is designated as collateral.

"Lienholder Number" means the computer-generated record number assigned by the Division to a lienholder.

"Low-speed vehicle" has the same meaning as prescribed under 49 CFR 571.3.

"MPV" means multipurpose passenger vehicle, which has the same meaning as prescribed under 49 CFR 571.3.

"MVD" means the Arizona Department of Transportation's Motor Vehicle Division.

"NHTSA" means National Highway Traffic Safety Administration of the United States Department of Transportation.

"Operation of law lien" means a lien resulting from the application of a state or federal statute.

"Primary lien" means the first of any multiple liens recorded on a vehicle or mobile home record.

"Registered importer" means a person registered by the NHTSA Administrator to import vehicles, as prescribed under 49 CFR 30141.

"Tenancy in common" means vehicle ownership by two or more people without the right of survivorship.

"Valid titling document" means one of the following documents showing a vehicle's compliance with FMVSS and EPA standards:

A NHTSA Declaration,

A manufacturer's letter, or

A U.S. federal compliance label printed in English.

History

• New Section made by final rulemaking at 9 A.A.R. 1353, effective June 6, 2003 (Supp. 03-2). Amended by final rulemaking at 13 A.A.R. 3281, effective November 10, 2007 (Supp. 07-3).

Ariz. Admin. Code § R17-4-202 Certificate of Title Form

A. The Motor Vehicle Division (MVD) shall produce the Certificate of Title form on tamper-resistant and counterfeit-resistant paper.

B. MVD shall provide space on the Certificate of Title form for the following information:

1. Title information:

a. Title number;

b. Issue date;

c. Previous title number; and

d. State and date of previous title.

2. Vehicle information:

a. Vehicle identification number (VIN);

b. Vehicle make, model, year, and body style;

c. Fuel type;

d. Odometer information; and

e. Vehicle mechanical or structural condition.

Lienholder information:

a. Lienholder name and address;

b. Lienholder customer or federal identification number; and

c. Lien amount and lien date.

4. Vehicle owner's or owner's legal designee information:

a. Name; and

b. Mailing address.

5. Ownership change information:

a. Sale date;

b. Purchaser's name and address;

c. Odometer mileage disclosure statement;

d. Seller's signature; and

e. Seller's signature certification.

6. Dealer reassignment information.

7. Other information as required by the Division for internal processing and recordkeeping.

History

• New Section recodified from R17-4-204 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-203 Certificate of Title and Registration Application

A. In addition to the requirements of A.R.S. §§ 28-2051 and 28-2157, a person applying for an Arizona motor vehicle title certificate and registration shall complete a form supplied by the Motor Vehicle Division that contains the following information:

1. Vehicle information:

a. Tab number;

b. Initial registration month and year;

c. Vehicle make, model, year, and body style;

d. Mechanical or structural status indicating whether the vehicle is:

i. Dismantled,

ii. Reconstructed,

iii. Salvaged, or

iv. Specially constructed;

e. Gross vehicle weight;

f. Fuel type;

g. Odometer information;

h. Current title number and titling state.

2. An owner's or lessee's legal ownership status.

Lienholder information:

a. Lienholder names and addresses, and

b. Lien amount and date incurred.

4. If a mobile home, the physical site.

5. Co-ownership information:

a. A statement of whether any survivorship rights in the vehicle exist; and

b. A statement providing co-ownership legal status prescribed in R17-4-205(B).

6. Owner certification information verifying:

a. Ownership,

b. Inclusion of all liens and encumbrances, and

c. Seller-verified odometer reading.

7. Applicant signatures.

8. An acknowledgement that:

a. The applicant agrees or disagrees to the Division's release of the applicant's name on a commercial mailing list; and

b. The applicant has read a printed explanation of odometer reading codes.

9. Other information required by the Division for internal processing and recordkeeping.

B. An applicant may voluntarily provide the following information on the form:

Applicant's birth date;

Applicant's driver license number; and

3. Applicant's federal employer identification number, if the applicant is taking title as a sole proprietor, partnership, corporation, or other legal business entity.

History

• New Section recodified from R17-4-205 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-204 Seller's Signature Acknowledgement

A seller shall ensure that a Notary Public or a Motor Vehicle Division (MVD) agent witnesses the seller sign the title transfer. The Notary Public or MVD agent shall sign the title transfer acknowledging witnessing the seller's signature."Motor Vehicle Division agent" has the meaning prescribed in A.R.S. § 28-370.

History

• Adopted effective November 10, 1986 (Supp. 86-6). Former Section R17-4-75 renumbered without change as Section R17-4-204 (Supp. 87-2). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2468, effective June 8, 2000 (Supp. 00-2). Section recodified to R17-4-202 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-206 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-205 Co-ownership and Vehicle Title

A. A title certificate application shall specify the form of co-ownership and names of a vehicle's co-owners as follows.

If co-ownership is a joint tenancy with right of survivorship in which all owners must sign to transfer or encumber the vehicle, the applicant shall provide the name of each owner separated by "and/or."

2. If co-ownership is a joint tenancy that allows one owner to transfer or encumber the vehicle title, the applicant shall provide:

a. The name of each co-owner separated by"or"; and

b. A form, signed by each co-owner authorizing title transfer or encumbrance on the signature of any co-owner.

3. If co-ownership is a tenancy in common, the applicant shall provide the name of each owner separated by"and."

B. Before a surviving joint tenant under subsection (A)(1) obtains a title certificate as owner or transfers or encumbers the vehicle title, the surviving joint tenant shall present to the Division a death certificate for each deceased joint tenant.

C. After the death of a tenant in common, the Division shall issue a new title certificate only as directed by:

1. A certified probate court order, or

2. A successor's affidavit under A.R.S. § 14-3971(B).

History

• Adopted effective November 13, 1986 (Supp. 86-6). Former Section R17-4-75 renumbered without change as Section R17-4-205 (Supp. 87-2). Amended by final rulemaking at 7 A.A.R. 2752, effective June 8, 2001 (Supp. 01-2). Section recodified to R17-4-203 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-207 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 9 A.A.R. 1353, effective June 6, 2003 (Supp. 03-2).

Ariz. Admin. Code § R17-4-206 Additional Titling Standards for Vehicles Not Manufactured in Compliance with United States Safety and Emission Standards; "Gray-market Vehicles"

A. Titling standards.

1. The Division shall issue a title to a foreign-manufactured vehicle imported to the United States if an applicant presents the following:

a. A valid titling document,

b. A completed MVD title and registration application as prescribed under R17-4-203,

c. A completed Vehicle Verification Form certifying that the vehicle passed the Division's physical inspection,

d. A document stating that the vehicle passed an Arizona emissions inspection under A.R.S. § 49-542, and

e. A certificate that the vehicle was converted to meet:

i. EPA standards, and

ii. FMVSS.

2. A foreign-manufactured vehicle imported to the United States is exempt from this subsection if it is older than 25 years from its manufacture date.

3. A foreign-manufactured vehicle imported to the United States that is between 21 and 25 years from the manufacture date is exempt from subsection (A)(1)(e)(i).

4. Titling standards for vehicles manufactured according to Canadian specifications.

a. The Division shall issue a title to a vehicle manufactured according to Canadian specifications if it:

i. Is not for resale;

ii. Has a GVWR of less than 10,000 pounds; and

iii. Is a passenger vehicle, motorcycle, or MPV.

b. Before titling a vehicle manufactured according to Canadian specifications, the owner shall submit to the Division manufacturer documentation verifying that the vehicle complies with FMVSS and EPA standards.

i. The Division shall waive the FMVSS and EPA labeling location requirements as prescribed in 49 CFR 571 and 40 CFR 86.

ii. If manufacturer documentation indicates that a vehicle's speedometer or headlights do not comply with FMVSS and EPA standards, the owner shall file additional documentation with the Division to verify completion of a modification that brings the vehicle into compliance.

c. A registered importer shall certify a vehicle manufactured according to Canadian specifications if:

i. The vehicle meets FMVSS standards except for occupant crash protection provisions prescribed under 49 CFR 571.208, or

ii. The owner did not submit manufacturer documentation as prescribed under subsection (A)(4)(b).

B. The Division shall require a registered importer's certification of a foreign-manufactured vehicle imported to the United States that:

1. Is not exempt under subsections (A)(2) or (A)(3), or

2. Does not qualify under subsection (A)(4).

History

• Former Rule, General Order 55. Former Section R17-4-19 renumbered without change as Section R17-4-206 (Supp. 87-2). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2468, effective June 8, 2000 (Supp. 00-2). Section recodified to R17-4-204 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-209 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 9 A.A.R. 1353, effective June 6, 2003 (Supp. 03-2).

Ariz. Admin. Code § R17-4-207 Lien Filing

A. Lien filing. When filing a lien with the Division, a person shall submit a Title and Registration Application (available online at www.azdot.gov/mvd/FormsandPub/mvd.asp), the most recently issued certificate of title, the fee or fees to be paid as provided by law, and any other documentation required pursuant to A.R.S. Title 28.

1. The Division shall record a statement of all liens and encumbrances on the vehicle or mobile home record upon receiving a lien filing that meets all requirements prescribed in this subsection.

2. The Division shall immediately return a lien filing, with a letter stating why the lien filing was returned, when the lien filing does not meet the requirements prescribed in this subsection.

B. Multiple liens. The Division will record up to three liens on any one vehicle or mobile home record. Additional liens are recorded through the County Recorder's office. Liens are valued in the order that they are filed and recorded on the vehicle or mobile home record. However, the Division considers the primary lien recorded on the vehicle or mobile home record to be above all other subsequent liens or encumbrances. In the absence of an operation of law lien, only the lienholder in the primary position may repossess a vehicle or mobile home.

C. Lien filing notice. The Division shall notify the lienholder of the recording of a lien.

1. The Division shall issue an Arizona Certificate of Title or, when the lienholder is an Authorized ELT Participant, transmit an electronic lien notification to the primary lienholder.

2. The Division shall issue a computer-generated Lienholder Record to each subsequent lienholder recorded on the vehicle or mobile home record. The Division shall not issue a duplicate Lienholder Record.

History

• Former Rule, General Order 62. Former Section R17-4-24 renumbered without change as Section R17-4-207 (Supp. 87-2). Section repealed; new Section made by final rulemaking at 7 A.A.R. 2752, effective June 8, 2001 (Supp. 01-2). Section recodified to R17-4-205 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section recodified from R17-4-230 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed; new Section made by final rulemaking at 13 A.A.R. 3281, effective November 10, 2007 (Supp. 07-3).

Ariz. Admin. Code § R17-4-208 Lien Clearance

A. Lien clearance. The Division shall remove the lien from the vehicle or mobile home record indicated on the lien clearance and issue a new Arizona Certificate of Title upon receiving proof that the lien is satisfied and an application furnished by the Division, the most recently issued certificate of title, the fee or fees to be paid as provided by law, and any other documentation required pursuant to A.R.S. Title 28. The Division considers the following instruments satisfactory proof that the lien or encumbrance recorded on a vehicle or mobile home record is satisfied:

1. The transmission of an electronic lien release from an ELT Participant,

2. A certificate of title acknowledged by the lienholder as prescribed under subsection (B)(1),

3. An original lien filing receipt acknowledged by the lienholder as prescribed under subsection (B)(1),

4. An original computer-generated Lienholder Record acknowledged by the lienholder as prescribed under subsection (B)(1),

5. A lender copy of the original lien instrument indicating the lien is paid in full acknowledged by the lienholder as prescribed under subsection (B)(1); or

6. Any document giving a complete description of the vehicle, as recorded on the Arizona Certificate of Title, indicating that the lien is either"paid in full" or"satisfied" acknowledged by the lienholder as prescribed under subsection (B)(1).

B. Lienholder satisfaction of lien requirements.

1. The Division shall not accept a satisfaction of lien when the authorized signature of the lienholder or authorized agent of the lienholder, appearing on the lien clearance instrument, is not acknowledged before a Notary Public or witnessed by an authorized Division employee.

2. The lienholder shall deliver the Arizona Certificate of Title to the next lienholder or, if there is not another lienholder, to the owner of the vehicle or mobile home within 15 business days after receiving payment in full satisfaction of the lien.

3. A lienholder that fails to deliver the certificate of title within 15 business days may be assessed a civil penalty, as prescribed under A.R.S. § 28-2134.

C. Lien release received in error. The Division will not reimburse any parties for any monetary damages that may occur when a lienholder issues a lien clearance to the Division in error.

D. Administrative hearing. A lienholder who is assessed a civil penalty, as prescribed under A.R.S. § 28-2134, may request a hearing in accordance with the procedures prescribed under 17 A.A.C. 1, Article 5.

History

• Former Rule, General Order 83. Former Section R17-4-35 renumbered without change as Section R17-4-208 (Supp. 87-2). Section repealed by final rulemaking at 6 A.A.R. 2468, effective June 8, 2000 (Supp. 00-2). Section recodified from R17-4-231 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed; new Section made by final rulemaking at 13 A.A.R. 3281, effective November 10, 2007 (Supp. 07-3).

Ariz. Admin. Code § R17-4-209 Recodified

History

• Adopted as Section R17-4-81 and renumbered as Section R17-4-209 effective May 29, 1987 (Supp. 87-2). Amended by final rulemaking at 7 A.A.R. 2755, effective June 8, 2001 (Supp. 01-2). Section recodified to R17-4-206 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-210 [REPEALED]

History

• Adopted effective July 30, 1992 (Supp. 92-3). Section R17-4-210 repealed by summary action with an interim effective date of August 28, 1998; filed in the Office of the Secretary of State August 4, 1998 (Supp. 98-3). The Department failed to submit to the Governor's Regulatory Review Council an adopted summary rule pursuant to A.R.S. § 41-1027, and therefore the rule went back into effect November 26, 1998; Section repealed by summary rulemaking with an interim effective date of August 20, 1999, filed in the Office of the Secretary of State July 30, 1999 (Supp. 99-3). Interim effective date of August 20, 1999 now the permanent effective date (Supp. 99-4).

Ariz. Admin. Code § R17-4-211 Reserved

Ariz. Admin. Code § R17-4-212 Reserved

Ariz. Admin. Code § R17-4-213 Reserved

Ariz. Admin. Code § R17-4-214 Reserved

Ariz. Admin. Code § R17-4-215 Reserved

Ariz. Admin. Code § R17-4-216 Recodified

History

• Adopted effective October 21, 1997 (Supp. 97-4). Section recodified to R17-4-302 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-217 Recodified

History

• Adopted effective September 12, 1997 (Supp. 97-3). Section recodified to R17-4-303 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-218 Recodified

History

• Amended effective April 21, 1980 (Supp. 80-2). Former Section R17-4-54 renumbered without change as Section R17-4-218 (Supp. 87-2). R17-4-218 and Appendix A repealed; new Section adopted effective December 8, 1998 (Supp. 98-4). Section recodified to R17-4-304 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-219 Recodified

History

• Former Rule, General Order 101. Former Section R17-4-42 renumbered without change as Section R17-4-219 (Supp. 87-2). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 4602, effective November 14, 2000 (Supp. 00-4). Section recodified to R17-4-305 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-220 [REPEALED]

History

• Former Rule, General Order 103; Former Section R17-4-44 repealed, new Section R17-4-44 adopted effective April 21, 1980 (Supp. 80-2). Former Section R17-4-44 renumbered without change as Section R17-4-220 (Supp. 87-2). Repealed effective July 29, 1992 (Supp. 92-3).

Ariz. Admin. Code § R17-4-221 [REPEALED]

History

• Former Rule, General Order 75. Former Section R17-4-30 renumbered without change as Section R17-4-221 (Supp. 87-2). Repealed effective July 29, 1992 (Supp. 92-3).

Ariz. Admin. Code § R17-4-222 Recodified

History

• Adopted effective December 3, 1986 (Supp. 86-6). Former Section R17-4-80 renumbered without change as Section R17-4-222 (Supp. 87-2). Section recodified to R17-4-306 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-223 [REPEALED]

History

• Emergency rule adopted effective August 8, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Emergency expired. Former emergency rule permanently adopted with changes effective December 31, 1991 (Supp. 91-4). Repealed effective July 18, 1994 (Supp. 94-3).

Ariz. Admin. Code § R17-4-224 Recodified

History

• Adopted effective September 25, 1991 (Supp. 91-3). Section recodified to R17-4-307 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-225 Reserved

Ariz. Admin. Code § R17-4-226 Recodified

History

• Emergency rule adopted effective January 21, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency expired. Adopted with changes effective February 1, 1993 (Supp. 93-1). Amended effective January 31, 1995 (Supp. 95-1). Amended by final rulemaking at 5 A.A.R. 702, effective February 10, 1999 (Supp. 99-1). Section repealed effective August 1, 1999 pursuant to subsection (C); new Section adopted by final rulemaking at 6 A.A.R. 1906, effective May 3, 2000 (Supp. 00-2). Section recodified to R17-5-502 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-226.01 Recodified

History

• New Section adopted by final rulemaking at 6 A.A.R. 1906, effective May 3, 2000 (Supp. 00-2). Section recodified to R17-5-503 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-227 Recodified

History

• Adopted effective June 16, 1992 (Supp. 92-2). Section recodified to R17-4-402 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-228 Reserved

Ariz. Admin. Code § R17-4-229 Reserved

Ariz. Admin. Code § R17-4-230 Recodified

History

• Former Rule, General Order 47. Former Section R17-4-15 renumbered without change as Section R17-4-230 (Supp. 87-2). Section recodified to R17-4-207 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-231 Recodified

History

• Former Rule, General Order 70. Former Section R17-4-28 renumbered without change as Section R17-4-231 (Supp. 87-2). Section recodified to R17-4-208 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-232 Reserved

Ariz. Admin. Code § R17-4-233 Reserved

Ariz. Admin. Code § R17-4-234 Reserved

Ariz. Admin. Code § R17-4-235 Reserved

Ariz. Admin. Code § R17-4-236 Reserved

Ariz. Admin. Code § R17-4-237 [REPEALED]

History

• Former Rule, General Order 50. Former Section R17-4-16 renumbered without change as Section R17-4-237 (Supp. 87-2). Section repealed by final rulemaking at 6 A.A.R. 4830, effective December 7, 2000 (Supp. 00-4).

Ariz. Admin. Code § R17-4-238 [REPEALED]

History

• Former Rule, General Order 51. Former Section R17-4-17 renumbered without change as Section R17-4-238 (Supp. 87-2). Section repealed by final rulemaking at 6 A.A.R. 4830, effective December 7, 2000 (Supp. 00-4).

Ariz. Admin. Code § R17-4-239 [REPEALED]

History

• Former Rule, General Order 60. Former Section R17-4-22 renumbered without change as Section R17-4-239 (Supp. 87-2). Section repealed by final rulemaking at 6 A.A.R. 4830, effective December 7, 2000 (Supp. 00-4).

Ariz. Admin. Code § R17-4-240 Recodified

History

• Former Rule, General Order 65; Amended effective January 11, 1982 (Supp. 82-1). Former Section R17-4-25 renumbered without change as Section R17-4-240 (Supp. 87-2). Section recodified to R17-5-402 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-241 Recodified

History

• Former Rule, General Order 76. Former Section R17-4-31 renumbered without change as Section R17-4-241 (Supp. 87-2). Section amended by final rulemaking at 6 A.A.R. 4830, effective December 7, 2000 (Supp. 00-4). Section recodified to R17-5-404 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-242 [REPEALED]

History

• Former Rule, General Order 77. Former Section R17-4-32 renumbered without change as Section R17-4-242 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 869, effective January 22, 2001 (Supp. 01-1).

Ariz. Admin. Code § R17-4-243 [REPEALED]

History

• Former Rule, General Order 85. Former Section R17-4-36 renumbered without change as Section R17-4-243 (Supp. 87-2). Section repealed by final rulemaking at 6 A.A.R. 4830, effective December 7, 2000 (Supp. 00-4).

Ariz. Admin. Code § R17-4-244 Reserved

Ariz. Admin. Code § R17-4-245 Recodified

History

• Adopted effective September 13, 1993 (Supp. 93-3). Section recodified to R17-5-405 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-246 Recodified

History

• Adopted effective September 13, 1993 (Supp. 93-3). Section recodified to R17-5-406 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-247 Reserved

Ariz. Admin. Code § R17-4-248 Reserved

Ariz. Admin. Code § R17-4-249 Reserved

Ariz. Admin. Code § R17-4-250 [REPEALED]

History

• Former Rule, General Order 111. Former Section R17-4-47 renumbered without change as Section R17-4-250 (Supp. 87-2). Section repealed by final rulemaking at 6 A.A.R. 3839, effective September 13, 2000 (Supp. 00-3).

Ariz. Admin. Code § R17-4-251 [REPEALED]

History

• Former Rule, General Order 112. Former Section R17-4-48 renumbered without change as Section R17-4-251 (Supp. 87-2). Section repealed by final rulemaking at 6 A.A.R. 3839, effective September 13, 2000 (Supp. 00-3).

Ariz. Admin. Code § R17-4-252 Recodified

History

• Former Rule, General Order 82. Former Section R17-4-34 renumbered without change as Section R17-4-252 (Supp. 87-2). Section recodified to R17-4-308 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-253 Reserved

Ariz. Admin. Code § R17-4-254 Reserved

Ariz. Admin. Code § R17-4-255 Reserved

Ariz. Admin. Code § R17-4-256 Reserved

Ariz. Admin. Code § R17-4-257 Reserved

Ariz. Admin. Code § R17-4-258 Reserved

Ariz. Admin. Code § R17-4-259 Reserved

Ariz. Admin. Code § R17-4-260 Recodified

History

• Former Rule, General Order 72. Former Section R17-4-29 renumbered without change as Section R17-4-260 (Supp. 87-2). Section recodified to R17-5-407 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-261 Reserved

Ariz. Admin. Code § R17-4-262 Reserved

Ariz. Admin. Code § R17-4-263 Reserved

Ariz. Admin. Code § R17-4-264 Reserved

Ariz. Admin. Code § R17-4-265 [REPEALED]

History

• Adopted as an emergency effective June 29, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-3). Emergency expired. Permanent rule adopted effective October 1, 1984 (Supp. 84-5). Former Section R17-4-72 renumbered without change as Section R17-4-265 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 2154, effective May 1, 2001 (Supp. 01-2).

Article 3 VEHICLE REGISTRATION

Ariz. Admin. Code § R17-4-301 Definitions

Definitions. In addition to the definitions prescribed under A.R.S. §§ 28-101, 28-2231, and 28-5100, the following definitions apply to this Article, unless otherwise specified:

"Apportioned commercial vehicle" means a commercial vehicle that is subject to the proportional registration provisions prescribed under A.R.S. § 28-2233.

"Biennial" means once every two years.

"Business day" means a day other than a Sunday or holiday.

"Calendar quarter" means the following time periods established by the Division: January 1 to March 31, April 1 to June 30, July 1 to September 30, and October 1 to December 31.

"Day" means the 24-hour period from one midnight to the following midnight.

"Disabled person" means a recipient of public monies as a disabled individual under Title 16 of the Social Security Act.

"Division" means the Arizona Department of Transportation's Motor Vehicle Division.

"Division Director" means the Assistant Director for the Arizona Department of Transportation's Motor Vehicle Division or the Assistant Director's designee.

"Drop box" means a receptacle designated by the Division into which a person places vehicle registration forms and fees, and from which the Division retrieves these items daily.

"Effective date of registration" means the date the vehicle first becomes subject to registration fees in Arizona.

"Electronic delivery" means the transmission of registration and credit card information to the Division, by computer, through an authorized third party electronic service provider.

"Emergency Vehicle Permit" means a document issued by the Division's Enforcement Services Program to a private fire department for a single fire engine that authorizes the driver of a permitted vehicle to exercise the privileges prescribed under A.R.S. § 28-624.

"Expiration date" means the day, month, and year in which a vehicle registration expires.

"Fire Engine" means a motor vehicle containing fire-fighting equipment capable of extinguishing fires.

"IM147 Test" means the emissions test prescribed under A.R.S. § 49-542(F)(2)(a).

"Included vehicle" means a vehicle subject to annual or biennial Arizona registration unless otherwise excluded from the staggered registration prescribed under A.R.S. § 28-2159 and R17-4-304.

"Initial registration" means the first registration of an included vehicle in Arizona.

"OBD" means the On-Board Diagnostics emissions test prescribed under A.R.S. § 49-542(F)(2)(a).

"Off-highway vehicle" has the same meaning as prescribed under A.R.S. § 28-1171.

"Operator Requirements" means the requirements given in Chapter 2, Basic Driver/Operator Requirements, of the National Fire Protection Association Standard for Fire Apparatus Driver/Operator Professional Qualification (NFPA 1002), 1998 edition, which is incorporated by reference and on file with the Arizona Department of Transportation and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments.

"Private fire department" means a fire fighting business equipped to provide emergency fire-fighting devices for a private purpose that is neither a public service corporation nor a municipal entity.

"Private Fire Emergency Vehicle" means a fire engine operated by a private fire department for which an Emergency Vehicle Permit is issued.

"Registration" means the authorization, issued by the Division that allows a vehicle to use state highways.

"Registration fees" means the fees due to the Division at the time of registration and consisting of the general registration fees imposed under A.R.S. § 28-2003, the vehicle license tax imposed under A.R.S. § 28-5801, and the commercial registration and gross weight fees imposed under A.R.S. § 28-5433.

"Registration period" means the time-frame during which a vehicle registration is valid.

"Renewal registration" means the second and subsequent registration of an included vehicle.

History

• Transferred to R17-1-301 (Supp. 92-4). New Section made by final rulemaking at 13 A.A.R. 3589, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 16 A.A.R. 1132, effective August 7, 2010 (Supp. 10-2).

Ariz. Admin. Code § R17-4-302 Staggered Registration for Apportioned Commercial Vehicles

Apportioned commercial vehicle fleet registration periods. The Division shall assign a registration period to a newly registered apportioned commercial vehicle fleet. The fleet owner and the Director shall mutually agree to the registration period and expiration date.

1. The Division shall:

a. Establish a registration period that expires on the last day of the calendar quarter selected by the fleet owner, not to exceed 12 months from the initial registration date.

b. Apply the original fleet registration fees towards the registration fees required for a replaced vehicle when an owner replaces a vehicle within a fleet.

c. Apply the original fleet registration fees towards the registration fees required for a transferred vehicle when an owner transfers a vehicle between fleets.

d. Refund any excess credit of registration fees in accordance with the provisions prescribed under A.R.S. § 28-2356.

2. The owner of an apportioned commercial fleet vehicle shall:

a. Ensure that all vehicles within a fleet have the same registration period.

b. Ensure that the fleet vehicle is not operated with an expired vehicle registration.

c. Maintain the assigned or selected registration period for at least three consecutive registration periods.

3. The Division shall not provide a grace period for late registration or late payment of fees.

History

• Adopted effective August 1, 1988 (Supp. 88-3). Transferred to R17-1-302 (Supp. 92-4). New Section recodified from R17-4-216 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 13 A.A.R. 3589, effective December 1, 2007 (Supp. 07-4).

Ariz. Admin. Code § R17-4-303 Biennial Registration

A. Biennial registration.

1. The Division may register any vehicle biennially, unless excluded.

2. The Division shall register a newly licensed or newly leased vehicle biennially, unless the owner chooses to register the vehicle on an annual basis.

B. Excluded vehicles. The owner of a vehicle that meets any one of the following criteria is excluded from the biennial registration program:

1. A vehicle required to have an IM147 or OBD test within 12 months after the date of registration.

2. A vehicle that requires an annual emissions test.

3. A vehicle subject to any one of the following types of registration:

a. Allocated registration under A.R.S. § 28-2261,

b. Apportioned registration under A.R.S. § 28-2261,

c. Fleet registration under A.R.S. § 28-2202, or

d. Interstate registration under A.R.S. § 28-2052.

4. A vehicle with an undersized mobile home plate registration.

5. A vehicle that requires the owner to certify eligibility for a registration fee exemption on an annual basis; such as the registration exemption available to an active duty military member, a widow, widower, or disabled person other than a 100% disabled veteran.

History

• Transferred to R17-1-303 (Supp. 92-4). New Section recodified from R17-4-217 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 13 A.A.R. 3589, effective December 1, 2007 (Supp. 07-4).

Ariz. Admin. Code § R17-4-304 Staggered Registration for Included Vehicles

A. Included vehicles. The Division shall assign one of the following staggered expiration dates when issuing an initial registration to an included vehicle:

1. If a vehicle has an effective date of registration from the first day through the 15th day of the month:

a. Annual registration expires on the 15th day of the month 12 months from the month the vehicle is subject to Arizona registration; or

b. Biennial registration expires on the 15th day of the month 24 months from the month the vehicle is subject to Arizona registration.

2. If a vehicle has an effective date of registration from the 16th day through the last day of the month:

a. Annual registration expires on the last day of the month 12 months from the month the vehicle is subject to Arizona registration; or

b. Biennial registration expires on the last day of the month 24 months from the month the vehicle is subject to Arizona registration.

B. Excluded vehicles. The staggered registration prescribed by this Section excludes the following vehicles:

1. A vehicle exempt from registration;

2. A vehicle subject to any one of the following types of registration:

a. Allocated registration under A.R.S. § 28-2261,

b. Apportioned registration under A.R.S. § 28-2261,

c. Fleet registration under A.R.S. § 28-2202,

d. Interstate registration under A.R.S. § 28-2052, or

e. Seasonal agricultural registration under A.R.S. § 28-5436;

3. A vehicle subject to a one-time registration fee;

4. A government vehicle, a vehicle owned by an official representative of a foreign government, or an emergency vehicle owned by a nonprofit organization as provided under A.R.S. § 28-2511(A);

5. A noncommercial trailer that is not a travel trailer as defined by A.R.S. § 28-2003(B) and is less than 6000 pounds gross vehicle weight under A.R.S. §§ 28-2003(A)(7) and 28-5801(C);

6. A moped;

7. A motorized electric or gas powered bicycle or tricycle capable of reaching speeds of 20 to 25 miles per hour.

C. Proration of fees. The Division shall prorate registration fees under A.R.S. §§ 28-2159, 28-5807, and 28-5434.

D. Expiration dates. The Division shall utilize the following expiration dates, regardless of the effective date of the initial registration:

1. Annual registration: Expires 12 months from the expiration of the previous registration period; or

2. Biennial registration: Expires 24 months from the expiration of the previous registration period.

E. Application for registration. A person applying for an initial registration or renewal registration for an included vehicle shall submit the requirements prescribed under subsection (1) or (2):

1. If a person submits the registration to the Division or an Authorized Third-party Provider of registration functions in person or by mail:

a. The application for registration or registration card, and

b. Payment of registration fees.

If a person submits the registration to an Authorized Third-party Electronic Delivery Provider:

a. Required registration information, and

b. Credit card information.

F. Timely submission of registration. A person shall submit the renewal registration of an included vehicle not later than the day the prior registration period expires. If the prior registration period expires on a day other than an established business day, a person shall submit the renewal registration of an included vehicle not later than the first business day after the prior registration period expires.

G. Penalties. The penalties imposed under A.R.S. § 28-2162 for delinquent renewal registration of an included vehicle shall apply when either of the following occurs:

1. A person does not submit to the Division or an Authorized Third-party Provider of registration functions the items set forth in subsection (E)(1) so that the items are received by the due date; or

2. A person does not electronically submit to an Authorized Third-party Electronic Delivery Provider the items required under subsection (E)(2) so that the items are received by the due date.

H. Date of receipt. The date of receipt for the items required under subsection (E)(1) or (E)(2) shall be the following:

1. The date a person presents the items required under subsection (E)(1) to a Division facility or the facility of an Authorized Third-party Provider of registration functions in person;

2. The date an Authorized Third-party Electronic Delivery Provider receives by computer or telephone the items set forth in subsection (E)(2);

3. The date a private express mail carrier receives the package containing the items set forth in subsection (E)(1), as indicated on the shipping package;

4. The date of the last business day prior to the day the Division retrieves the items set forth at subsection (E)(1) from a designated Division drop box; or

The date of the United States Postal Service postmark stamped on the envelope containing the items set forth in subsection (E)(1), unless the vehicle is not in compliance with the motor vehicle emissions testing requirements.

I. Evidence of registration. The Division or Authorized Third-party Provider of registration functions shall assign and issue a number plate or plates to an included vehicle as evidence of registration.

1. The assigned number plate shall be attached and displayed on the rear of the assigned vehicle. When two plates are issued, the second plate may be attached to the front of the assigned vehicle.

2. Improper number plate display shall subject the owner and operator of the vehicle to the sanctions imposed under A.R.S. §§ 28-2531(B) and 28-2532.

3. Any registration tabs or stickers issued by the Division or Authorized Third-party Provider of registration functions shall be displayed on the appropriate number plate of the assigned vehicle.

History

• Transferred to R17-1-304 (Supp. 92-4). New Section recodified from R17-4-218 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 13 A.A.R. 3589, effective December 1, 2007 (Supp. 07-4).

Ariz. Admin. Code § R17-4-305 Temporary Registration Plate "TRP" Procedure

A. Definitions.

1. "Charitable Event TRP" means a TRP issued to a motor vehicle dealership or manufacturer for a charitable event as prescribed by A.R.S. § 28-4548.

2. "Deal Unwound" means the vehicle was returned to the dealership and the sale was not completed.

3. "Voided TRP" means a TRP that the issuer records as voided after issuing the TRP.

B. Issuing.

1. New and used motor vehicle dealers and title service companies that issue TRPs shall send an electronic record of the TRP to the Division before placing the TRP on the vehicle.

2. The TRP expiration date shall be 45 days from the issue date.

3. TRPs issued for charitable events are valid for the duration of the event not to exceed 45 days.

4. An issuer shall not issue more than one TRP per vehicle sale.

5. An issuer shall attach the TRP to the vehicle rear in the same manner and position as a permanent license plate prescribed under A.R.S. § 28-2354.

C. Voiding. An issuer shall void a TRP when:

1. The TRP is lost,

2. The TRP is damaged,

3. The dealer reports a deal unwound,

4. The issuer enters the wrong vehicle identification number, or

5. The issuer enters the wrong customer identification number.

History

• Transferred to R17-1-305 (Supp. 92-4). New Section R17-4-305 recodified from R17-4-219 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 11 A.A.R. 5320, effective February 6, 2006 (Supp. 05-4).

Ariz. Admin. Code § R17-4-306 Nonresident Daily Commuter Fee

A nonresident daily commuter shall pay a fee of $8 for each motor vehicle exempt from registration under A.R.S. § 28-2294.

History

• Former Rule, General Order 14. Former Section R17-4-05 renumbered without change as Section R17-4-306 (Supp. 87-2). Transferred to R17-1-306 (Supp. 92-4). New Section R17-4-306 recodified from R17-4-222 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 571, effective January 14, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-4-307 Motor Vehicle Registration and License Plate Reinstatement Fee

A. Under A.R.S. § 28-4151(A), the Division shall assess a $50 fee for reinstatement of a motor vehicle registration and license plate suspended under A.R.S. §§ 28-4148 and 28-4149.

B. Subsection (A) does not apply to a motor carrier subject to the financial responsibility requirements prescribed under A.R.S. Title 28, Chapter 9, Article 2.

History

• Former Rule, General Order 5. Former Section R17-4-03 renumbered without change as Section R17-4-307 (Supp. 87-2). Transferred to R17-1-307 (Supp. 92-4). New Section R17-4-307 recodified from R17-4-224 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 5439, effective November 14, 2001 (Supp. 01-4).

Ariz. Admin. Code § R17-4-308 Official Vehicle License Plates

A. The Motor Vehicle Division shall issue license plates without charge for official vehicles owned by any entity listed in A.R.S. § 28-2511(A).

B. A license plate issued under A.R.S. § 28-2511 has no expiration date.

C. An entity listed in A.R.S. § 28-2511(A) may transfer a license plate to another vehicle the entity owns.

D. A person who has custody of vehicles governed by A.R.S. § 28-2511 shall:

1. Complete title and registration procedures as prescribed under A.R.S. Title 28, Chapter 7;

2. Display each license plate as prescribed by A.R.S. § 28-2354; and

3. Maintain a record of each license plate transfer that includes:

a. The date of the transfer;

b. The year, make, and model of the vehicle, and

c. The vehicle identification number (VIN) for each car involved in the transfer.

History

• Former Rule, General Order 20. Former Section R17-4-06 renumbered without change as Section R17-4-308 (Supp. 87-2). Transferred to R17-1-308 (Supp. 92-4). New Section R17-4-308 recodified from R17-4-252 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed; new Section made by final rulemaking at 8 A.A.R. 573, effective January 14, 2002 (Supp. 02-1).

Ariz. Admin. Code § R17-4-309 Private Fire Emergency Vehicle Permit

A. Private Fire Emergency Vehicle Permit. A Private Fire Emergency Vehicle Permit may be issued to a private fire department if all requirements provided under subsections (B) and (C) are met.

1. The Private Fire Emergency Vehicle Permit is valid until revoked or surrendered.

2. The Private Fire Emergency Vehicle Permit shall be carried at all times in the fire engine for which the permit is issued.

3. The Private Fire Emergency Vehicle Permit is not transferable.

4. The Private Fire Emergency Vehicle Permit shall remain the property of the Division and shall be surrendered to the Division when the fire engine is no longer being used to respond to an emergency.

B. Private Fire Emergency Vehicle Permit application. A person applying for a Private Fire Emergency Vehicle Permit shall submit the required documentation to the Division's Enforcement Services Program, P.O. Box 2100, Mail Drop 513M, Phoenix, Arizona 85007. The following documentation is required at the time of initial application:

1. Private Fire Emergency Vehicle Permit Application. Multiple fire engines may be listed on one application. The Private Fire Emergency Vehicle Permit Application is furnished by the Division and is available upon request from the Division's Enforcement Services Program; and

2. Proof of acceptable financial responsibility to cover any liability that may arise from the use of the Private Fire Emergency Vehicle Permit. Acceptable proof of financial responsibility is an insurance policy that:

a. Is issued by an insurance company licensed to conduct business in Arizona by the Arizona Department of Insurance;

b. Is written for a combined single-limit coverage of at least $5 million;

c. Contains a provision stating that the state of Arizona shall be notified at least 30 days prior to any policy cancellation, nonrenewal, or change in provisions; and

d. Contains a provision stating that the state of Arizona shall be notified immediately if the insurance company becomes insolvent.

C. Operational requirements.

1. A fire engine may be operated with the privileges prescribed under A.R.S. § 28-624, but shall be subject to all other applicable provisions prescribed under A.R.S. Title 28, A.A.C. Title 17, and any other applicable statutes or ordinances.

2. A fire engine shall only be driven by an operator who meets the Operator Requirements as defined under R17-4-301.

3. A fire engine with a Private Fire Emergency Vehicle Permit, shall meet the National Fire Protection Association's (NFPA) fire engine and fire apparatus standards in effect for the manufacture date of the emergency vehicle.

The private fire department is responsible for ensuring that the fire engine is not operated using the privileges prescribed under A.R.S. § 28-624 with an invalid Private Fire Emergency Vehicle Permit.

D. Denial. If an application for a Private Fire Emergency Vehicle Permit is denied, a notice of denial shall be sent to the applicant at the address of record. An applicant is allowed to reapply for a permit following denial, provided all requirements listed under this Section are met.

E. Revocation. If a Private Fire Emergency Vehicle Permit is revoked, a notice of the revocation shall be sent to the address of the applicant. An applicant is allowed to reapply for a permit following revocation, provided all requirements listed under this Section are met.

1. The emergency vehicle permit is immediately revoked upon a determination that:

a. The permitted vehicle or the private fire department no longer meets the requirements for the permit; or

b. The vehicle was operated in violation of the provisions of this rule, any other applicable rule, or statute.

2. The revocation shall be preceded by a notice of intent to revoke.

a. The notice of intent to revoke shall be sent by first-class mail to the address of the applicant as shown on the permit application.

b. The notice of intent to revoke shall inform the applicant of the right to an administrative hearing and the procedure for requesting a hearing.

3. The revocation shall become effective 25 days after the mailing date of the notice of intent to revoke unless a timely request for hearing is submitted.

F. Administrative hearing. The administrative hearing is held in accordance with the procedures prescribed under 17 A.A.C. 1, Article 5.

History

• Former Rule, General Order 31. Former Section R17-4-11 renumbered without change as Section R17-4-309 (Supp. 87-2). Transferred to R17-1-309 (Supp. 92-4). New Section recodified from R17-4-701 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 14 A.A.R. 2106, effective July 5, 2008 (Supp. 08-2).

Ariz. Admin. Code § R17-4-310 Personalized License Plates

A. Definitions.

1."Division" means the Motor Vehicle Division of the Arizona Department of Transportation.

2."Division Director" means the Assistant Division Director for the Motor Vehicle Division of the Arizona Department of Transportation.

3."Personalized plate" means a license plate with a registration number chosen by a person rather than assigned by the Division.

4."Plate number" means the combination of letters, numbers, and spaces on a vehicle license plate.

B. A person who wants to receive a personalized plate shall file an application with the Division on a form provided by the Division.

1. An applicant shall provide the following information on the form:

a. Name of the vehicle's owner or lessee;

b. Vehicle owner's or lessee's mailing address;

c. Vehicle's make and year;

d. Vehicle identification number;

e. Vehicle's current plate number;

f. Date the vehicle's current registration expires;

g. Plate number to appear on the personalized plate;

h. Meaning or message of the personalized plate; and

i. Other information required by the Division.

2. If an applicant is purchasing the personalized plate as a gift for the vehicle's owner or lessee, the applicant shall also provide the applicant's name and mailing address.

C. The Division shall reject the application if the requested plate number:

Refers to or connotes breasts, genitalia, pubic area, buttocks, or relates to sexual or eliminatory functions;

Refers to or connotes the substance, paraphernalia, sale, use, purveyor of, or physiological state produced by any illicit drug, narcotic, or intoxicant;

3. Expresses contempt for or ridicule or superiority of a class of persons;

4. Duplicates another registration number;

5. Has connotations that are profane or obscene; or

6. Uses linguistics, numbers, phonetics, translations from foreign languages or upside-down or reverse reading to achieve a reference or connotation prohibited in subsection (C)(1) through (C)(3) or (C)(5).

D. Rejection of application.

1. If the Division does not issue personalized plates to an applicant, the Division shall inform the applicant by mail.

2. An applicant may make a written appeal by letter for a review of the rejection, within 10 days after the date of the Division's notice, to the following address:

Motor Vehicle Division

Special Plates Unit, Mail Drop 801Z

PO Box 2100

Phoenix, Arizona 85001-2100.

E. Revocation of personalized plates; appeal.

1. If the Division determines that a personalized plate should not have been issued because it contains a plate number prohibited under subsection (C), the Division shall require the plate holder to surrender the plates to the division within 30 days after the date of the Division's mailed notice, unless the plate holder requests an appeal under subsection (D)(2).

2. A person who has been directed to surrender a personalized plate may submit a written appeal by letter as prescribed under subsection (D)(2).

3. Refund of personalized plate fees on revocation.

a. The Division shall refund the amount of the personalized plate fee and the pro rated amount of the special annual renewal fee to the person holding the revoked personalized plate along with any credit or refund calculated by the Division.

b. A person whose plate is revoked may request that instead of a refund, the Division issue the person a different personalized plate. The person shall apply for the personalized plate as prescribed under subsection (B).

4. The Division shall cancel the vehicle plate of a vehicle if the person who holds a revoked personalized plate does not surrender the plate within 30 days after the date of the Division's notice or, if the person timely requests an appeal, within 30 days after the Division issues a final decision.

History

• Former Rule, General Order 25. Former Section R17-4-09 renumbered without change as Section R17-4-310 (Supp. 87-2). Transferred to R17-1-310 (Supp. 92-4). New Section recodified from R17-4-708 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 4227, effective November 15, 2002 (Supp. 02-3).

Ariz. Admin. Code § R17-4-311 Special Organization Plate List

As required under A.R.S. § 28-2404(D), the Division provides the following list of special organization license plates authorized by the state license plate commission and available for issue to qualified applicants:

1. Arizona Historical Society,

Firefighter,

3. Fraternal Order of Police,

4. Legion of Valor,

5. University of Phoenix, and

6. Wildlife Conservation.

History

• Former Rule, General Order 24. Former Section R17-4-08 renumbered without change as Section R17-4-311 (Supp. 87-2). Transferred to R17-1-311 (Supp. 92-4). New Section made by exempt rulemaking at 7 A.A.R. 5251, effective November 2, 2001 (Supp. 01-4). Amended by exempt rulemaking at 8 A.A.R. 4007, effective November 1, 2002 (Supp. 02-3). Amended by exempt rulemaking at 13 A.A.R. 1894, effective June 1, 2007 (Supp. 07-2).

Ariz. Admin. Code § R17-4-312 Off-highway Vehicle User Indicia

A. For lawful Arizona off-highway operation, the owner or operator of a qualifying all-terrain vehicle, off-highway vehicle, or off-road recreational motor vehicle shall apply to the Department for an off-highway vehicle user indicia as prescribed under A.R.S. § 28-1177. The owner or operator shall submit to the Division:

1. The off-highway vehicle user indicia application provided by the Division, and

2. The fee prescribed under subsection (C).

B. The owner or operator shall indicate, on the application submitted to the Division under subsection (A), one of the following categories of intended vehicle usage:

1. Exclusively off-highway;

2. Primarily off-highway, occasionally on-highway; or

3. Primarily on-highway, occasionally off-highway.

C. The fee for each off-highway vehicle user indicia issued or renewed by the Department under A.R.S. § 28-1177 is $25.

D. The off-highway vehicle user indicia, issued by the Division under subsection (A), shall have the same basic design as the license plate tab issued by the Division for other types of vehicles and shall contain the letters OHV.

E. The applicant shall display the off-highway vehicle user indicia in the upper left corner of the license plate issued by the Division under A.R.S. Title 28, Chapter 7, Articles 11 through 15.

History

• Former Rule, General Order 39. Former Section R17-4-13 renumbered without change as Section R17-4-312 (Supp. 87-2). Transferred to R17-1-312 (Supp. 92-4). New Section made by final rulemaking at 16 A.A.R. 1132, effective August 7, 2010 (Supp. 10-2).

Ariz. Admin. Code § R17-4-313 Expired

History

• Former Rule, General Order 27. Former Section R17-4-10 renumbered without change as Section R17-4-313 (Supp. 87-2). Transferred to R17-1-313 (Supp. 92-4). Amended by final exempt rulemaking at 24 A.A.R. 3512, effective 12/1/2018. Amended by exempt rulemaking at 25 A.A.R. 104, effective 12/21/2018. New section made by exempt rulemaking at 25 A.A.R. 2261, effective 8/19/2019. Section expired under A.R.S. § 41-1052(M) at 28 A.A.R. 2061, effective 8/2/2022.

Ariz. Admin. Code § R17-4-314 Transferred

History

• Former Rule, General Order 69. Former Section R17-4-27 renumbered without change as Section R17-4-314 (Supp. 87-2). Transferred to R17-1-314 (Supp. 92-4).

Ariz. Admin. Code § R17-4-315 Transferred

History

• Former Rule, General Order 61. Former Section R17-4-23 renumbered without change as Section R17-4-315 (Supp. 87-2). Transferred to R17-1-315 (Supp. 92-4).

Ariz. Admin. Code § R17-4-316 Transferred

History

• Former Rule, General Order 57. Former Section R17-4-20 renumbered without change as Section R17-4-316 (Supp. 87-2). Transferred to R17-1-316 (Supp. 92-4).

Ariz. Admin. Code § R17-4-317 Transferred

History

• Former Rule, General Order 36. Former Section R17-4-12 renumbered without change as Section R17-4-317 (Supp. 87-2). Transferred to R17-1-317 (Supp. 92-4).

Ariz. Admin. Code § R17-4-318 Transferred

History

• Former Rule, General Order 7. Former Section R17-4-04 renumbered without change as Section R17-4-318 (Supp. 87-2). Transferred to R17-1-318 (Supp. 92-4).

Ariz. Admin. Code § R17-4-319 Transferred

History

• Former Rule, General Order 44. Former Section R17-4-14 renumbered without change as Section R17-4-319 (Supp. 87-2). Transferred to R17-1-319 (Supp. 92-4).

Ariz. Admin. Code § R17-4-320 Transferred

History

• Former Rule, General Order 54 (Amended). Former Section R17-4-18 renumbered without change as Section R17-4-320 (Supp. 87-2). Transferred to R17-1-320 (Supp. 92-4).

Ariz. Admin. Code § R17-4-321 Transferred

History

• Former Rule, General Order 21. Former Section R17-4-07 renumbered without change as Section R17-4-321 (Supp. 87-2). Transferred to R17-1-321 (Supp. 92-4).

Ariz. Admin. Code § R17-4-322 Transferred

History

• Former Rule, General Order 3. Former Section R17-4-02 renumbered without change as Section R17-4-322 (Supp. 87-2). Transferred to R17-1-322 (Supp. 92-4).

Ariz. Admin. Code § R17-4-323 Transferred

History

• Former Rule, General Order 2A. Former Section R17-4-01 renumbered without change as Section R17-4-323 (Supp. 87-2). Transferred to R17-1-323 (Supp. 92-4).

Ariz. Admin. Code § R17-4-324 Transferred

History

• Transferred to R17-1-301 (Supp. 92-4).

Ariz. Admin. Code § R17-4-325 Transferred

History

• Transferred to R17-1-301 (Supp. 92-4).

Ariz. Admin. Code § R17-4-326 Transferred

History

• Transferred to R17-1-301 (Supp. 92-4).

Ariz. Admin. Code § R17-4-327 Transferred

History

• Transferred to R17-1-301 (Supp. 92-4).

Ariz. Admin. Code § R17-4-328 Transferred

History

• Transferred to R17-1-301 (Supp. 92-4).

Ariz. Admin. Code § R17-4-329 Transferred

History

• Transferred to R17-1-301 (Supp. 92-4).

Ariz. Admin. Code § R17-4-330 Transferred

History

• Adopted effective March 1, 1984 (Supp. 84-1). Former Section R17-4-67 renumbered without change as Section R17-4-330 (Supp. 87-2). Transferred to R17-1-330 (Supp. 92-4).

Ariz. Admin. Code § R17-4-331 Transferred

History

• Adopted effective March 1, 1984 (Supp. 84-1). Former Section R17-4-68 renumbered without change as Section R17-4-331 (Supp. 87-2). Transferred to R17-1-331 (Supp. 92-4).

Ariz. Admin. Code § R17-4-332 Transferred

History

• Adopted effective March 1, 1984 (Supp. 84-1). Former Section R17-4-69 renumbered without change as Section R17-4-332 (Supp. 87-2). Transferred to R17-1-332 (Supp. 92-4).

Ariz. Admin. Code § R17-4-333 Transferred

History

• Adopted effective March 1, 1984 (Supp. 84-1). Former Section R17-4-71 renumbered without change as Section R17-4-333 (Supp. 87-2). Amended effective December 30, 1987 (Supp. 87-4). Transferred to R17-1-333 (Supp. 92-4).

Ariz. Admin. Code § R17-4-334 Transferred

History

• Adopted effective March 1, 1984 (Supp. 84-1). Former Section R17-4-70 renumbered without change as Section R17-4-334 (Supp. 87-2). Transferred to R17-1-334 (Supp. 92-4).

Ariz. Admin. Code § R17-4-335 Transferred

History

• Adopted as an emergency effective July 1, 1982, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 82-3). Former Section R17-4-401 adopted as an emergency now adopted and amended as a permanent rule effective October 6, 1982 (Supp. 82-5). Amended effective November 13, 1986 (Supp. 86-6). Former Section R17-4-401 renumbered without change as Section R17-4-335 (Supp. 87-2). Transferred to R17-1-335 (Supp. 92-4).

Ariz. Admin. Code § R17-4-336 Transferred

History

• Adopted as an emergency effective July 1, 1982, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 82-3). Former Section R17-4-402 adopted as an emergency now adopted and amended as a permanent rule effective October 6, 1982 (Supp. 82-5). Amended effective November 13, 1986 (Supp. 86-6). Former Section R17-4-402 renumbered without change as Section R17-4-336 (Supp. 87-2). Transferred to R17-1-336 (Supp. 92-4).

Ariz. Admin. Code § R17-4-337 Transferred

History

• Adopted as an emergency effective July 1, 1982, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 82-3). Former Section R17-4-403 adopted as an emergency now adopted and amended as a permanent rule effective October 6, 1982 (Supp. 82-5). Amended effective November 13, 1986 (Supp. 86-6). Former Section R17-4-403 renumbered without change as Section R17-4-337 (Supp. 87-2). Transferred to R17-1-337 (Supp. 92-4).

Ariz. Admin. Code § R17-4-338 Transferred

History

• Transferred to R17-1-338 (Supp. 92-4).

Ariz. Admin. Code § R17-4-339 Transferred

History

• Transferred to R17-1-339 (Supp. 92-4).

Ariz. Admin. Code § R17-4-340 Transferred

History

• Transferred to R17-1-340 (Supp. 92-4).

Ariz. Admin. Code § R17-4-341 Transferred

History

• Transferred to R17-1-341 (Supp. 92-4).

Ariz. Admin. Code § R17-4-342 Transferred

History

• Transferred to R17-1-342 (Supp. 92-4).

Ariz. Admin. Code § R17-4-343 Transferred

History

• Transferred to R17-1-343 (Supp. 92-4).

Ariz. Admin. Code § R17-4-344 Transferred

History

• Transferred to R17-1-344 (Supp. 92-4).

Ariz. Admin. Code § R17-4-345 Transferred

History

• Transferred to R17-1-345 (Supp. 92-4).

Ariz. Admin. Code § R17-4-346 Transferred

History

• Adopted effective October 8, 1987 (Supp. 87-4). Transferred to R17-1-346 (Supp. 92-4).

Ariz. Admin. Code § R17-4-347 Transferred

History

• Adopted effective October 8, 1987 (Supp. 87-4). Transferred to R17-1-347 (Supp. 92-4).

Ariz. Admin. Code § R17-4-348 Transferred

History

• Adopted effective October 8, 1987 (Supp. 87-4). Transferred to R17-1-348 (Supp. 92-4).

Ariz. Admin. Code § R17-4-349 Transferred

History

• Adopted effective October 8, 1987 (Supp. 87-4). Transferred to R17-1-349 (Supp. 92-4).

Ariz. Admin. Code § R17-4-350 Rental Vehicle Surcharge Reimbursement

A. Definitions. In addition to the definitions prescribed under A.R.S. § 28-5810, the following terms apply to this Section, unless otherwise specified:

"Person" means an individual, a sole proprietorship, firm, partnership, joint venture, association, corporation, limited liability company, limited liability partnership, estate, trust, business trust, receiver or syndicate, this state, any county, city, town, district or other subdivision of this state, an Indian tribe, or any other group or combination acting as a unit.

"Previous year" means the prior calendar year, January 1 through December 31.

"Rental revenue" means the total contract amount stated in the retail contract less any taxes and fees imposed by A.R.S. Title 42, Chapter 5, Article 1, A.R.S. Title 48, Chapter 26, Article 2, and selected non-vehicle related charges, including boxes, packing blankets, straps, and tow bars.

"Surcharge" means the amount equal to five percent of the total contract amount stated in the rental contract less any taxes and fees imposed by A.R.S. Title 42, Chapter 5, Article 1, A.R.S. Title 48, Chapter 26, Article 2, and selected non-vehicle related items, including boxes, packing blankets, straps, and tow bars.

"Vehicle License Tax" means the tax imposed by A.R.S. § 28-5801, less any tax credited under A.R.S. § 28-2356.

B. Reports. Each person subject to A.R.S. § 28-5810, who has conducted a vehicle rental business for any time period during the previous year, shall file an annual report, for the previous year, with the Department. The annual report is due no later than February 15 of each year, unless the rental business is closed before December 31, in which case the annual report is due immediately. The report shall be made on a form furnished by the Department and shall contain all of the following:

Address where business records are secured;

2. Name, title, phone number, and signature of the person authorized to sign the form;

3. Business name;

4. Business type, including sole proprietorship, partnership, corporation, limited liability company, and limited liability partnership;

Name, title, phone number, mailing address, and e-mail address of the contact person;

6. Federal Employer Identification Number (FEIN);

Mailing address (if different from principal business address);

8. Principal business address;

9. Rental vehicle revenue collected, by county;

10. Total Arizona Vehicle License Tax paid on rental vehicles;

11. Total rental vehicle revenue collected;

12. Total surcharge collected;

13. Total surcharge due to the Department; and

14. Type of rental business, including passenger vehicle, semitrailer, trailer, truck, motorcycle, moped, and recreational vehicle.

C. Records. A person in the business of renting vehicles, as defined under A.R.S. § 28-5810, is required to maintain records in support of the required annual reports for a period of four years after the date of the filing of the required annual report or the due date of the report, whichever is longer. The records shall contain all information in support of:

1. The total amount of Vehicle License Tax paid during the previous year. Supporting Vehicle License Tax records for each rental vehicle shall include:

a. The Vehicle Identification Number,

b. The Arizona vehicle license plate number,

c. A copy of the Arizona registration,

d. The amount paid for Vehicle License Tax minus any Vehicle License Tax credited under A.R.S. § 28-2356,

e. The date on which the Vehicle License Tax was paid, and

f. The dates the rental vehicle was in and out of service.

2. The total gross amount of Arizona vehicle rental revenues collected for the previous year. Supporting Arizona vehicle rental revenue records shall include:

a. The rental contract for each rental vehicle,

b. The amount of surcharge collected,

c. Chart of accounts,

d. General ledger,

e. Financial statements,

f. Federal tax returns, and

g. Monthly trial balance.

3. The amount of the surcharge collected during the previous year. Supporting surcharge collection records shall include:

a. All applicable rental contracts; and

b. The total amount stated in each rental contract, supported by relevant documentation.

Failure to keep and maintain proper records or failure to provide records for audit purposes may result in the Department making an assessment against the rental business for the total surcharge amount estimated to have been collected, as determined from the best information available to the Director.

D. Audits. The Department shall conduct each audit of a person who collects the surcharge in accordance with generally accepted government auditing standards as set forth in Government Auditing Standards: 2011 Revision (commonly referred to as the Yellow Book,) issued by the U.S. Government Accountability Office. The Department incorporates by reference Government Auditing Standards: 2011 Revision and no later amendments or editions. The incorporated material is on file with the Department. The printed version is available from the U.S. Government Printing Office, P. O. Box 979050, St. Louis, MO 63197-9000. The incorporated material is available free of charge at http://www.gao.gov/yellowbook or can be ordered online by visiting the U.S. Government Online Bookstore at http://bookstore.gpo.gov.

1. The rental business shall have records made available for audit during normal business hours at the rental business location in Arizona. The Department may conduct audits at an out-of-state location, which are paid for by the rental business. The rental business shall pay the audit expenses, per diem, and travel in accordance with the Arizona Department of Transportation expense guidelines in effect at the time of the audit.

The Director has appropriate subpoena powers to require records to be produced for examination and to take testimony. In accordance with A.R.S. § 28-5922, if a person fails to respond to the Director's or agent of the Director's request for records, the Director shall issue subpoenas for the production of records or allow seizure of records.

History

• New Section made by final rulemaking at 13 A.A.R. 2058, effective August 4, 2007 (Supp. 07-2). Amended by final rulemaking at 19 A.A.R. 888, effective, June 1, 2013 (Supp. 13-2).

Ariz. Admin. Code § R17-4-351 Special License Plate; Definition

For the purposes of R17-4-352, "special license plate" or "special plate" has the meaning prescribed in A.R.S. § 28-2401.

History

• Adopted by final rulemaking at 25 A.A.R. 1890, effective 10/1/2019.

Ariz. Admin. Code § R17-4-352 Duplicate Special License Plate; Fee

A. The Department shall charge and collect from a motor vehicle owner a one-time fee of $10 for each duplicate special license plate requested.

B. The Department shall charge and collect the current applicable U.S. Postal Service postage rate as provided in A.R.S. § 28-2151 and A.A.C. R17-1-204 to mail a duplicate special license plate to a motor vehicle owner.

History

• Adopted by final rulemaking at 25 A.A.R. 1890, effective 10/1/2019.

Article 4 DRIVER LICENSES

Ariz. Admin. Code § R17-4-401 Definitions

In addition to the definitions provided under A.R.S. §§ 28-101, 28-1301, and 28-3001, the following definitions apply to this Article unless otherwise specified:

"Division" means the Arizona Department of Transportation, Motor Vehicle Division.

"Financial responsibility (accident) suspension" means a suspension, by the Department, of:

The Arizona driver license or driving privilege of an owner of a vehicle that:

Lacks the coverage required under A.R.S. § 28-4135, and

Is involved in an accident in Arizona; and

The Arizona registration of a vehicle, unless the Department receives proof the vehicle was sold. "Gore area" is defined under A.R.S. § 28-644.

"Proof the vehicle was sold" means a written statement to the Department from an owner that includes the following:

The seller's name;

The VIN;

The sale date; and

The purchaser's name and address.

"Restricted permit" means written permission from the Department for:

A person subject to a financial responsibility (accident) suspension to operate a motor vehicle only:

Between the person's home and workplace,

During the person's work-related activities, or

Between the person's home and school; and

A vehicle with an Arizona registration subject to a financial responsibility (accident) suspension to be operated by a person specified under R17-4-402 only:

Between the person's home and workplace;

During the person's work-related activities; or

Between the person's home and school.

"State" means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

"SR22" means a certificate of insurance that complies with requirements under A.R.S. § 28-4077(A).

"Thirty-six-month period" means the time measured from the date of the most recent violation with assigned points for which a driver has a conviction or judgment to that day and month three years before the date of the violation.

"Traffic survival school" means a Division-licensed business that offers training and educational sessions to improve the safety and habits of drivers required to successfully complete the training and educational sessions under Arizona Revised Statutes, Title 28.

"Twelve-month period" means the time measured from the date of the most recent violation with assigned points for which a driver has a conviction or judgment to that day and month one year before the date of the violation.

"Twenty-four-month period" means the time measured from the date of the most recent violation with assigned points for which a driver has a conviction or judgment to that day and month two years before the date of the violation.

"VIN" or "vehicle identification number" is defined under A.R.S. § 13-4701(4).

"Withdrawal action" means a Department action that invalidates a person's Arizona driving privilege or a vehicle's Arizona registration, which includes:

A cancellation;

A suspension;

A revocation;

Any outstanding warrant; or

Any unresolved citation.

History

• New Section made by final rulemaking at 8 A.A.R. 5220, effective February 3, 2003 (Supp. 02-4). Amended by final rulemaking at 12 A.A.R. 871, effective March 7, 2006 (Supp. 06-1). Amended by final rulemaking at 14 A.A.R. 839, effective March 4, 2008 (Supp. 08-1). Amended by exempt rulemaking at 29 A.A.R. 1092, effective 9/1/2015.

Ariz. Admin. Code § R17-4-402 Restricted Permit during a Financial Responsibility (Accident) Suspension

A. An applicant for a restricted permit shall:

1. Have no withdrawal action other than the financial responsibility (accident) suspension;

2. Provide an SR22 Certificate of Insurance as proof of future financial responsibility that must be kept in force for three consecutive years after the effective date of the financial responsibility (accident) suspension;

3. Pay the $10 driving privilege reinstatement fee under A.R.S. § 28-4144(C)(2)(b); and

4. Pay the $25 motor vehicle registration and license plate reinstatement fee under A.R.S. § 28-4144(C)(2)(b), or if the vehicle was sold before the date of the accident, provide proof the vehicle was sold as defined under R17-4-401 ;

5. Pay the driving privilege reinstatement application fee under A.R.S. § 28-3002(A)(2); and

6. Satisfy any applicable requirements of A.R.S. § 28-4033(A)(2)(c) or 28-4144(C).

B. In addition to subsection (A) during a financial responsibility (accident) suspension, a restricted permit applicant may:

1. Apply for an original or renew an Arizona driver license by:

a. Complying with A.R.S. §§ 28-3153, 28-3158, or 28-3171; and

b. Paying the application fee under A.R.S. § 28-3002(A)(2) determined by the applicant's age on the application date; or

2. Obtain a duplicate Arizona driver license by paying the $12 duplicate driver license application fee under A.R.S. § 28-3002(A)(7).

C. At the end of the financial responsibility (accident) suspension, the Division shall immediately remove the driving privilege restriction from the Arizona driving record when the person surrenders an expired restricted permit to the Division.

History

• New Section recodified from R17-4-227 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 5220, effective February 3, 2003 (Supp. 02-4). Amended by final rulemaking at 16 A.A.R. 2448, effective February 5, 2011 (Supp. 10-4).

Ariz. Admin. Code § R17-4-403 Application for Duplicate Driver License or Duplicate Nonoperating Identification License; Fees

A. An applicant shall apply to the Division, on a form provided by the Division, for a duplicate driver license or a duplicate nonoperating identification license.

B. The fee for the duplicate driver license or duplicate nonoperating identification license issued by the Division is $12 under A.R.S. §§ 28-3002(A) and 28-3165.

History

• New Section made by final rulemaking at 16 A.A.R. 2448, effective February 5, 2011 (Supp. 10-4).

Ariz. Admin. Code § R17-4-404 Driver Point Assessment; Traffic Survival Schools

A. Point assessment. The Department shall assign points to a driver, as prescribed under Table 1, Driver Point Valuation, for each violation resulting in a conviction or judgment.

B. Actions after point assessment. Under A.R.S. § 28-3306(A)(3), if a driver accumulates eight or more points in a twelvemonth period, the Department shall:

1. Order the driver to successfully complete the curriculum of a licensed traffic survival school; or

2. Suspend the driver's Arizona driver license or driving privilege.

C. Traffic survival school order of assignment. The Department or the private entity under contract with the Department shall send a dated order of assignment to traffic survival school, as prescribed under A.R.S. § 28-3318, to a driver who accumulates 8 to 12 points in a twelve-month period, and who did not complete a traffic survival school course in the previous twenty-four-month period.

1. The order of assignment shall:

a. Instruct the driver to submit any hearing request to the Department within 15 days after the date of the order of assignment; and

b. Instruct the driver that failure to successfully complete traffic survival school within 60 days after the date of the order of assignment will result in the Department issuing a six-month order of suspension.

2. The Department shall record that a driver completed traffic survival school if:

a. A licensed traffic survival school reports that the driver successfully completed the curriculum; or

b. The driver presents to the Department an original certificate of completion issued by a licensed traffic survival school, within 30 days of issuance of the certificate.

D. Suspension for failure to complete traffic survival school. The Department or the private entity under contract with the Department shall mail a driver a six-month order of suspension, as prescribed under A.R.S. § 28-3318, if the driver failed to establish completion of traffic survival school in accordance with subsection (C). The order of suspension shall:

Specify the period within which the driver may submit a hearing request to the Department, and

2. Specify the effective date of the suspension.

E. Suspension for accumulation of excessive points. The Department shall mail an order of suspension as prescribed under A.R.S. § 28-3318 to a driver who accumulates an excessive amount of points. The order of suspension shall:

1. Specify the length of the suspension as follows:

a. A three-month suspension for accumulation of 8 to 12 points in a twelve-month period if a traffic survival school course was successfully completed in the previous twenty-four-month period

b. A three-month suspension for accumulation of 13 to 17 points in a twelve-month period;

c. A six-month suspension for accumulation of 18 to 23 points in a twelve-month period; and

d. A twelve-month suspension for accumulation of 24 or more points in a thirty-six-month period;

2. Specify the period within which the driver may submit a hearing request to the Department; and

3. Specify the effective date of the suspension.

F. Licensed schools.

1. The Department shall assign an individual only to a traffic survival school licensed by the Director.

2. On enrollment of an individual in, or on an individual's attendance of, a traffic survival school course, a licensed traffic survival school shall collect the statutory enrollee fee, unless the individual has paid the enrollee fee in advance. The licensed traffic survival school also shall collect the records fee prescribed by A.R.S. § 28-446, if applicable, before the individual attends the traffic survival school course. The licensed traffic survival school shall fully remit these fees to the private entity under contract with the Department within four business days after an individual completes the traffic survival school course. If a licensed traffic survival school does not timely remit the enrollee fees, the Department may notify the traffic survival school that its prospective future enrollees will be required to prepay the enrollee fees until remittances are current. The amount of the enrollee fee charged by the private entity shall be negotiated by the Department and the private entity and shall be set forth in the contract.

3. Immediately following each enrollee's satisfactory completion of a traffic survival school course, a licensed traffic survival school shall electronically transmit proof of course completion to the Department for the enrollee in a manner and with the basic computer equipment prescribed by the Department and shall provide a record of satisfactory completion to the enrollee at the conclusion of class, printed from the web site of the Department's private entity contractor or the Department's website as applicable. At a minimum, the computer equipment must be able to temporarily store, and electronically transmit over the internet, the certificates of course completion required by the Department.

4. The private entity under contract with the Department may monitor the performance of any licensed traffic survival school and report results to the Department. The Department or the private entity may conduct audits and inspections the Director deems necessary to determine a licensed traffic survival school's compliance with applicable statutes and rules.

5. The private entity under contract with the Department may develop and administer a web site that allows individuals who are assigned to traffic survival school to locate and enroll in traffic survival school courses.

G. Approved curriculum. The Director shall approve, and may modify, in writing a uniform curriculum that the traffic survival school shall teach to individuals assigned to school. The curriculum shall be selected and approved on the basis of effectiveness in improving the safety and habits of drivers. Each licensed traffic survival school must use all equipment required by the Department to present the uniform curriculum to individuals assigned to the school, including a computer, a PowerPoint compatible projector, a DVD player, and a display monitor.

H. Qualified instructors. Only those persons who meet the following qualifications may be deemed qualified instructors and allowed to teach individuals assigned by the Department to licensed schools:

1. An instructor shall be a high school graduate and shall have successfully completed an examination given for qualifications of instructors by the Department.

2. An instructor shall complete a curriculum workshop approved by the Director. An instructor may be temporarily certified if the instructor successfully completes, as a student, a course using the Department approved curriculum and agrees to attend the next available curriculum workshop for complete orientation.

3. An instructor shall be at least 21 years of age, be accepted for employment by a licensed school, have a driving record clear of suspensions, revocations, and traffic survival school assignments, and be of good moral character.

I. Cancellation, suspension and revocation of licenses. After conducting a hearing, the Director may suspend, cancel or revoke a traffic survival school license or instructor license if satisfactory evidence shows that a school or instructor, individually or collectively, has failed to comply with the licensing standards provided under applicable statutes or rules, or has provided false or misleading information to the Department in either the school's or instructor's application for licensure or in response to an audit or inspection conducted pursuant to subsection (F)(4).

J. Conflict of interest. A full-time employee of the state of Arizona shall not receive any direct pecuniary payments from any fees paid by those who attend a licensed school.

History

• New Section recodified from R17-4-506 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 12 A.A.R. 4446, effective November 7, 2006 (Supp. 06-4). Amended by final rulemaking at 14 A.A.R. 839, effective March 4, 2008 (Supp. 08-1). Amended by exempt rulemaking at 29 A.A.R. 1092, effective 9/1/2015.

Ariz. Admin. Code § R17-4-405 Emergency Expired

History

• Emergency rule adopted effective August 6, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Emergency expired.

Ariz. Admin. Code § R17-4-406 Minor's Application for Permit or License

A. For the purposes of administering the provisions of A.R.S. § 28-3160, the following definitions apply to this Section:

1. "Application," means a form provided by the Division that includes the Legal Guardian Affidavit required by the Division to be submitted with each minor's driver license application.

2. "Guardian" means one who has been appointed by a court of law to care for a minor child, but only if both parents of the child are deceased, or an agency as defined in A.R.S. § 8-513.

3. "Parent" means the natural or adoptive father or mother of a child.

B. Procedure when both parents sign: If both parents sign a child's application, no proof of custody need be furnished.

C. Procedure when only one parent signs:

1. If the signing parent is married to the child's other parent, that fact shall be stated and it shall be presumed the signing parent has custody of the child.

2. If the signing parent is not married to the child's parent because the other parent is deceased, that fact shall be stated and it shall be presumed the signing parent has custody of the child.

3. If the signing parent is not married to the child's other parent, the signing parent shall affirm, by sworn statement to the Division or a notary public, that the other parent does not have custody of the child, in which event the Division shall presume the signing parent has custody of the child.

D. Procedure when both parents are deceased:

1. If both parents are deceased, the minor or minor's guardian shall attach certified copies of certificates of death or other satisfactory proof of death, that includes a court judgment, affidavits of close relatives of the child, or school records.

2. A person who is guardian of a child shall sign an application as defined by this rule or furnish a certified court order appointing guardianship.

3. An employer signing the application shall certify the person employs the minor on the date of application.

4. A person who has custody of a child shall sign a Legal Guardian Affidavit affirming custody or furnish a certified court order awaiting custody.

E. Proof of custody. Proof of custody may be established by a certified copy of the court order awarding custody or a written affirmation by the person signing the application.

History

• Adopted as an emergency effective August 18, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Former Section R17-4-201 adopted as an emergency effective August 18, 1983, now adopted without change as a permanent rule effective November 30, 1983 (Supp. 83-6). Correction, (C)(4) should read "... governed by R17-4-58 " as certified effective November 30, 1983 (Supp. 84-3). Former Section R17-4-201 renumbered without change as Section R17-4-406 Supp. (87-2). Former Section R17-4-406 repealed, new Section R17-4-406 adopted effective July 14, 1989 (Supp. 89-3). Section recodified to R17-4-450 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-510 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 12 A.A.R. 4446, effective November 7, 2006 (Supp. 06-4).

Ariz. Admin. Code § R17-4-407 Travel-compliant Driver License or Travel-compliant Non-operating Identification License Application; Fee

A. For the purposes of this Section:

1. "Travel-compliant driver license" means a federally compliant driver license issued pursuant to A.R.S. § 28-3175 .

2. "Travel-compliant nonoperating identification license" means a federally compliant nonoperating identification license issued pursuant to A.R.S. § 28-3175 .

B. An applicant shall apply to the Department, on a form provided by the Department, for a travel-compliant driver license or a travel-compliant nonoperating identification license.

C. An applicant must meet and comply with all lawful requirements for an Arizona driver license or nonoperating identification license.

D. An applicant shall meet and comply with all application and documentation requirements in the most current edition of 6 CFR 37, including satisfactory proof of identity, date of birth, social security number, principle residency, and evidence of lawful status in the United States. Documents and information must be verified by the Department. An applicant may obtain a listing of acceptable documentation from the Department's website at www.azdot.gov.

E. An applicant shall pay a $25 fee for any class of a travel-compliant driver license or travel-compliant nonoperating identification license.

F. A travel-compliant driver license is valid for a period of eight years after issuance and is renewable for successive periods of eight years up to but not exceed the year of the licensee's 65th birthday, except for when:

1. The applicant is authorized for a shorter period of time as provided under A.R.S. § 13-3821, 28-3171(B), or 28-3223, or federal law authorizes the applicant's presence for a shorter period of time.

2. The applicant is 60 years of age or older and the travel-compliant driver license is valid for a period of five years after issuance and renewable for successive periods of five years.

G. A travel-compliant nonoperating identification license is valid for a period of eight years after issuance and is renewable for successive periods of eight years, except for when the applicant is authorized for a shorter period of time as provided under A.R.S. § 13-3821, 28-3171(B), or 28-3223, or federal law authorizes the applicant's presence for a shorter period of time.

A. A person seeking a travel-compliant driver license or travel-compliant identification license shall meet and comply with all:

1. State laws and rules applicable to every applicant who seeks issuance of any other driver license class, type, endorsement or non-operating identification license issued by the Department; and

2. Federal laws and regulations regarding the application and minimum documentation, verification, and card issuance requirements prescribed in the most recent edition of 6 CFR 37.11 for establishing satisfactory proof of a person's identity, date of birth, social security number, principal residence address of domicile in this state, and lawful status in the United States.

B. A person seeking a travel-compliant driver license or travel-compliant identification license shall:

1. Apply to the Department using an application form provided by the Department; and

2. Submit to the Department for authentication, satisfactory proof of the applicant's full legal name, date of birth, sex, social security number, principal residence address of domicile in this state, and that the applicant's presence in the United States is authorized under federal law. A list of all source documents the Department may accept as satisfactory proof under state and federal law is maintained by the Department on its website at www.azdot.gov.

C. An applicant for a travel-compliant driver license or travel-compliant identification license shall submit to the Department a fee of $25:

1. On original application, reinstatement, or renewal of any travel-compliant driver license class; or

2. On original application or renewal of a travel-compliant identification license.

D. A travel-compliant driver license or travel-compliant identification license issued by the Department, as prescribed under A.R.S. § 28-3175 and this Section, is:

1. Valid for a period of up to eight years;

2. Renewable for successive periods of up to eight years; and

3. Subject to all state and federal laws or restrictions requiring the issuance of a shorter expiration period (e.g., up to age 65, as provided under A.R.S. § 28-3171, or for a time period equal to the applicant's authorized stay in the United States, as provided under 6 CFR 37.21, etc.).

History

• Adopted as an emergency effective August 18, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Former Section R17-4-202 adopted as an emergency effective August 18, 1983, now adopted without change as a permanent rule effective November 30, 1983 (Supp. 83-6). Correction, subsection (D) as certified effective November 30, 1983 (Supp. 84-3). Former Section R17-4-202 renumbered without change as Section R17-4-407 (Supp. 87-2). Section recodified to R17-4-451 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-706 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 1158, effective May 12, 2003 (Supp. 03-1). Adopted by exempt rulemaking at 22 A.A.R. 819, effective 3/28/2016. Adopted by final rulemaking at 25 A.A.R. 1885, effective 7/2/2019.

Ariz. Admin. Code § R17-4-408 Mandatory Extension of a Certified Ignition Interlock Device Order

A. For purposes of this Section, "conviction" has the meaning prescribed in A.R.S. § 28-101(12).

B. For the duration of a certified ignition interlock device order, each conviction for violating A.R.S. §§ 28-1464(A), 28-1464(C), 28-1464(D), 28-1464(F), or 28-1464(H) of the person subject to the order will result in the Division's extension of the order.

C. Each extension by the Division of a person's certified ignition interlock device order shall be for one year.

History

• Adopted as an emergency effective August 18, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Former Section R17-4-203 and Appendix D adopted as an emergency effective August 18, 1983, now adopted without change as a permanent rule effective November 30, 1983 (Supp. 83-6). Correction, added (C)(5) as certified effective November 30, 1983 (Supp. 84-3). Former Section R17-4-203 renumbered without change as Section R17-4-408 (Supp. 87-2). Section recodified to R17-4-452 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-709.10 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-409 Non-operating Identification License Application; Applicability; Fee

A. This Section does not apply to applicants for a travel-compliant nonoperating identification license. Except as provided under R17-4-407, this Section applies to applicants for a nonoperating identification license.

B. An applicant shall apply to the Department, on a form provided by the Department, for a nonoperating identification license, and shall comply with the requirements under A.R.S. § 28-3165 .

C. An applicant may obtain a listing of satisfactory proof of an applicant's name and date of birth from the Department's website at www.azdot.gov.

D. Except as provided under A.R.S. § 28-3165, an applicant shall pay a $12 fee for a nonoperating identification license.

A. A person seeking a non-operating identification license, issued by the Department as prescribed under A.R.S. § 28-3165 and this Section, shall apply to the Department using a form provided by the Department.

B. An applicant shall submit a $12 fee to the Department, on application for a non-operating identification license, unless the applicant is provided a specific statutory exemption from payment of the fee.

C. An applicant shall provide to the Department, on application for a non-operating identification license, satisfactory proof of the applicant's full legal name, date of birth, sex, principal residence address of domicile in this state, and evidence that the applicant's presence in the United States is authorized under federal law as listed by the Department on its website at www.azdot.gov.

D. A person seeking a travel-compliant identification license issued by the Department under A.R.S. § 28-3175, which is recognized by federal agencies as proof of identity for use when accessing federal facilities, boarding federally-regulated commercial aircraft, or entering nuclear power plants, shall apply to the Department as provided under R17-4-407.

History

• Adopted as an emergency effective August 18, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Former Section R17-4-204 and Appendix B adopted as an emergency effective August 18, 1983, now adopted without change as a permanent rule effective November 30, 1983 (Supp. 83-6). Former Section R17-4-204 renumbered without change as Section R17-4-409 (Supp. 87-2). Section recodified to R17-4-453 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-508 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 12 A.A.R. 4446, effective November 7, 2006 (Supp. 06-4). Amended by final rulemaking at 16 A.A.R. 2448, effective February 5, 2011 (Supp. 10-4). Amended by exempt rulemaking at 22 A.A.R. 819, effective 3/28/2016. Amended by final rulemaking at 25 A.A.R. 1885, effective 7/2/2019.

Ariz. Admin. Code § R17-4-410 Voter Registration Through the Motor Vehicle Division

A. For purposes of this Section:

1. "License" has the same meaning as "driver's license" under A.R.S. § 16-111(2).

2. "MVD" means the Arizona Department of Transportation, Motor Vehicle Division.

B. To register to vote in Arizona through the MVD as provided for in A.R.S. § 16-112, a person who completes a transaction listed in subsection (C) shall complete and return to MVD:

1. A Secretary of State-approved hardcopy voter registration form for the county of the person's residence, or

2. An electronic voter registration form through MVD's ServiceArizona web site or through MVD's driver license system along with an electronic verification that the person meets voter eligibility criteria under A.R.S. § 16-101.

C. Subsection (B) applies to the following license transactions:

1. Initial licensee application;

2. License renewal;

3. Duplicate driver license; or

4. Licensee personal information update.

D. MVD shall transfer the voter registration forms and the data collected under this Section by:

1. Mailing the completed hardcopy forms to the appropriate county recorder; and

2. Transmitting the data from completed electronic voter registration forms and licensee personal information updates to the Secretary of State as prescribed under A.A.C. R2-12-605 for further distribution to the appropriate county recorder.

E. MVD shall maintain the confidentiality of applicant information as required under A.R.S. Title 16, Chapter 1.

History

• Adopted as an emergency effective August 18, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Former Section R17-4-205 adopted as an emergency effective August 18, 1983, now adopted without change as a permanent rule effective November 30, 1983 (Supp. 83-6). Former Section R17-4-205 renumbered without change as Section R17-4-410 (Supp. 87-2). Section recodified to R17-4-454 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 8 A.A.R. 2394, effective May 9, 2002 (Supp. 02-2). Amended by final rulemaking at 12 A.A.R. 1329, effective June 4, 2006 (Supp. 06-2).

Ariz. Admin. Code § R17-4-411 Special Ignition Interlock Restricted Driver License: Application, Restrictions, Reporting, Fee

A. In addition to the requirements prescribed in A.R.S. § 28-3158, an person applying for a special ignition interlock restricted driver license shall:

1. If the person is suspended for a first offense of A.R.S. § 28-1321:

a. Complete at least 90 consecutive days of the period of the suspension, and

b. Maintain a functioning certified ignition interlock device during the remaining period of the suspension.

2. If the person is revoked for a first offense of A.R.S. § 28-1383(A)(3):

a. Complete at least 90 consecutive days of the suspension under A.R.S. § 28-1385,

b. Submit proof to the Division that the person has completed an approved alcohol or drug screening or treatment program, and

c. Maintain a functioning certified ignition interlock device during the remaining period of the revocation.

3. If the person has a court-ordered restriction under A.R.S. §§ 28-3320 or 28-3322:

a. Comply with the restrictions in subsection (C), and

b. Maintain a functioning certified ignition interlock device during the remaining period of the court-ordered restriction.

B. The Division shall not issue a special ignition interlock restricted driver license if the person's driver license or driving privilege is suspended or revoked for a reason not under subsections (A)(1), (2), or (3).

C. A person applying for a special ignition interlock restricted driver license shall pay the following fees:

1. Age 50 or older $10.00

2. Age 45 - 49 $15.00

3. Age 40 - 44 $20.00

4. Age 39 or younger $25.00

D. A special ignition interlock restricted driver license issued under subsection (A), permits a person to operate a motor vehicle equipped with a functioning certified ignition interlock device as prescribed in A.R.S. § 28-1402(A).

E. Reporting. On the eleventh month after the initial date of installation and each eleventh month thereafter for as long as the person is required to maintain a functioning certified ignition interlock device, each installer shall electronically provide the Division all of the following information as recorded by the certified ignition interlock device:

1. Date installed;

2. Person's full name;

3. Person's date of birth;

4. Person's customer or driver license number;

5. Installer and manufacturer name;

6. Installer fax number;

7. Date report interpreted;

8. Report period;

9. Any tampering of the device within the meaning of A.R.S. § 28-1301(9);

10. Any failure of the person to provide proof of compliance or inspection as prescribed in A.R.S. § 28-1461;

11. Any attempts to operate the vehicle with an alcohol concentration exceeding the presumptive limit prescribed in A.R.S. § 28-1381(G)(3), or if the person is younger than 21 years of age, attempts to operate the vehicle with any spirituous liquor in the person's body; and

12. Any other information required by the Director.

F. A person applying for a special ignition interlock restricted driver license shall provide proof of financial responsibility prescribed in Title 28, Arizona Revised Statutes, Chapter 9, Article 3.

History

• Adopted as an emergency effective August 18, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Former Section R17-4-206 and Appendices C and E adopted as an emergency effective August 18, 1983, now adopted without change as a permanent rule effective November 30, 1983 (Supp. 83-6). Former Section R17-4-206 renumbered without change as Section R17-4-411 (Supp. 87-2). Section recodified to R17-4-455 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 12 A.A.R. 871, effective March 7, 2006 (Supp. 06-1).

Ariz. Admin. Code § R17-4-412 Extension of a Special Ignition Interlock Restricted Driver License: Hearing, Burden of Proof and Presumptions

A. Extension. The Division shall extend a person's special ignition interlock restricted driver license for a period of one year if the Division has reasonable grounds to believe:

1. The person tampered with the certified ignition interlock device within the meaning of A.R.S. § 28-1301(9),

2. The person fails to provide proof of compliance prescribed in A.R.S. § 28-1461, or

3. The person attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit prescribed in A.R.S. § 28-1381(G)(3) three or more times during the period of license restriction or limitation, or if the person is younger than 21 years of age, attempted to operate the vehicle with any spirituous liquor in the person's body three or more times during the period of license restriction or limitation.

B. Hearing. If a person's special ignition interlock restricted driver license is extended under subsection (A), the person may submit, within 15 days of the date of the order of extension of the restriction, a written request to the Division requesting a hearing. A request for hearing stays the extension of the restriction.

C. Burden of proof and presumptions.

1. The hearing office shall presume that the person's whose special ignition interlock restricted driver license is extended under subsection (A)(3), was the person in control of the vehicle and the person attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit in A.R.S. § 28-1381, or tampered with the device within the meaning of A.R.S. § 28-1301(9).

2. The person may be rebut the presumption by a showing of clear and convincing evidence that the person whose special ignition interlock restricted driver license being extended, was not the person in control of the vehicle or attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit in A.R.S. § 28-1381, or tampered with the device within the meaning of A.R.S. § 28-1301(9).

D. Except for subsection (A)(2), if the Division suspends, revokes, cancels, or otherwise rescinds a person's special ignition interlock restricted driver license for any reason, the Division shall not issue a new license or reinstate the special ignition interlock restricted driver license during the original period of suspension or revocation or while the person is otherwise ineligible to receive a license.

History

• Adopted as an emergency effective August 18, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Former Section R17-4-207 adopted as an emergency effective August 18, 1983, now adopted as a permanent rule effective November 30, 1983 (Supp. 83-6). Correction, (A)(3) as certified effective November 30, 1983 (Supp. 84-3). Former Section R17-4-207 renumbered without change as Section R17-4-412 . Correction: subsection (F), paragraph (6), "overweight" corrected to read: "overheight" (Supp. 87-2). Section recodified to R17-4-456 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 12 A.A.R. 871, effective March 7, 2006 (Supp. 06-1).

Ariz. Admin. Code § R17-4-413 Lifetime Disqualification Reinstatement

A. Definitions. In addition to the definitions prescribed under A.R.S. §§ 28-101 and 28-3001, the following definitions apply to this Section, unless otherwise specified:

"CDL" means Commercial Driver License.

"Lifetime disqualification" means the individual is disqualified for life from operating a commercial motor vehicle as prescribed under 49 CFR 391.15.

"Permanently disqualified" means the individual will never be able to obtain a commercial driver license.

B. Eligibility. An individual with a lifetime disqualification may request reinstatement of the individual's commercial driving privilege if:

1. Ten years have passed since the date of the lifetime disqualification.

2. The individual:

a. Is otherwise eligible for licensure.

b. Has continuously been eligible for a driver license during the most recent 10-year period.

c. Has not previously reinstated CDL privileges for another lifetime disqualification.

d. Has no record of a conviction for any of the following violations, in any state, within the previous 10-year period:

i. Driving while under the influence of alcohol or a controlled substance.

ii. Having a blood alcohol concentration of .04 or greater while driving a commercial motor vehicle.

iii. Refusal to submit to a blood alcohol concentration test.

iv. Leaving the scene of an accident.

v. Using a vehicle in the commission of a felony.

vi. Operating a commercial motor vehicle as defined under A.R.S. § 28-3001 while his or her commercial driving privileges are canceled, disqualified, suspended, or revoked.

vii. Causing a fatality through the negligent operation of a commercial motor vehicle.

C. Application after lifetime disqualification. If the Division determines that the individual is eligible to reinstate his or her commercial driving privilege, the individual may obtain a new CDL by paying all required fees, submitting the medical examination form prescribed under Section R17-4-508(A)(1), and successfully completing all CDL written, vision, and demonstration-skill testing applicable to the type of CDL, including any endorsements, for which the individual is applying.

D. Permanent disqualification.

1. An individual who reinstated his or her commercial driving privilege in accordance with this Section and who is subsequently given a lifetime disqualification under A.R.S. § 28-3312 is permanently disqualified.

2. An individual convicted of using any vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance is permanently disqualified.

3. An individual who more than once refuses a test in violation of A.R.S. § 28-1321 if the refusals involve more than one incident is permanently disqualified.

4. An individual who more than once is convicted of violating A.R.S. § 28, Chapter 4, Article 3 is permanently disqualified.

History

• Adopted as an emergency effective August 18, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Former Section R17-4-208 adopted as an emergency effective August 18, 1983, now adopted without change as a permanent rule effective November 30, 1983 (Supp. 83-6). Former Section R17-4-208 renumbered without change as Section R17-4-413 (Supp. 87-2). Section recodified to R17-4-457 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 2155, effective August 4, 2007 (Supp. 07-2).

Ariz. Admin. Code § R17-4-414 Commercial Driver License Applicant Driver History Check; Required Action; Hearing

A. Applicability. The provisions of this Section shall apply to all applicants requesting an original, renewal, reinstatement, transfer, or upgrade of a commercial driver license or commercial driver license instruction permit.

B. Driver History Check. In compliance with 49 CFR 384.206, 384.210, 384.225, and 384.232:

1. The Department shall require each applicant for a commercial driver license to supply the names of all states where the applicant has previously been licensed to operate a motor vehicle.

2. The Department shall request the complete driver history record from all states where the applicant was licensed to operate a motor vehicle within the previous 10 years. The Department shall make a driver history request no earlier than:

a. Twenty-four hours prior to the issuance of a commercial driver license or commercial driver license instruction permit for an applicant who does not currently possess a valid Arizona commercial driver license; or

b. Ten days prior to the issuance of a commercial driver license or commercial driver license instruction permit for an applicant who currently possesses a valid Arizona commercial driver license.

3. The Department shall record and maintain as part of the driver history all convictions, disqualifications, and other licensing actions for violations of any state or local law relating to motor vehicle traffic control, other than a parking violation, committed in any type of vehicle by a commercial driver licensee or any driver operating a commercial motor vehicle.

C. Required Action. In compliance with 49 CFR 384.210 and 384.231:

1. The Department shall, based on the findings of the driver history checks, issue a commercial driver license or commercial driver license instruction permit to a qualified applicant.

2. In the case of a reported conviction, disqualification, or other licensing action, the Department shall promptly cancel, disqualify, suspend, or revoke the person's commercial driving privilege as prescribed under A.R.S. Title 28, Chapters 4, 6, 8, and 14 and A.A.C. Title 17.

3. The Department shall send written notification of the action to the person describing the action taken by the Department.

D. Hearing. A hearing may be allowed when the driver history information received by the Department is a result of a case of mistaken identity or identity theft.

1. The person shall submit a hearing request in writing and comply with A.A.C. R17-1-502.

2. The hearing request shall be submitted within 20 days from the date the notice of action was mailed.

3. The hearing request shall indicate whether the request for the hearing is based on a case of identity theft or mistaken identity.

4. The hearing shall be held in accordance with the procedures prescribed under A.R.S. § 28-3317 and 17 A.A.C. 1, Article 5.

5. It shall be presumed that the information received from the driver history check belongs to the person. The person may overcome this presumption if the person is able to present evidence that either:

a. The person is not the driver convicted of the reported violation as in a case of mistaken identity; or

b. The person's identity was stolen and the applicant or licensee was not the driver convicted of the violation.

6. The scope of the hearing is limited to determining whether the person is the driver convicted of the reported driver history information, not the validity of the underlying conviction or licensing action that occurred in another licensing jurisdiction.

History

• Adopted effective December 18, 1995 (Supp. 95-4). Section recodified to R17-4-458 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 14 A.A.R. 4100, effective October 7, 2008 (Supp. 08-4).

Ariz. Admin. Code § R17-4-415 Reserved

Ariz. Admin. Code § R17-4-416 Reserved

Ariz. Admin. Code § R17-4-417 Reserved

Ariz. Admin. Code § R17-4-418 Reserved

Ariz. Admin. Code § R17-4-419 Reserved

Ariz. Admin. Code § R17-4-420 Recodified

History

• Former Rule, General Order 58. Former Section R17-4-21 renumbered without change as Section R17-4-420 (Supp. 87-2). Section recodified to R17-4-459 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-421 Recodified

History

• Former Rule, General Order 79. Former Section R17-4-33 renumbered without change as Section R17-4-421 (Supp. 87-2). Section recodified to R17-4-460 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-422 Recodified

History

• Adopted as an emergency effective July 29, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-4). Emergency expired. Permanent rule adopted effective February 12, 1986 (Supp. 86-1). Former Section R17-4-73 renumbered without change as Section R17-4-422 (Supp. 87-2). Section recodified to R17-4-461 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-423 Recodified

History

• Former Rule, General Order 94. Former Section R17-4-38 renumbered without change as Section R17-4-423 (Supp. 87-2). Section R17-4-423 repealed, new Section adopted effective February 21, 1990 (Supp. 90-1). Section recodified to R17-4-462 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-424 Recodified

History

• Former Rule, General Order 99. Former Section R17-4-40 renumbered without change as Section R17-4-424 (Supp. 87-2). Section recodified to R17-4-463 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-425 Recodified

History

• Former Section R17-4-53 renumbered without change as Section R17-4-425 (Supp. 87-2). Section recodified to R17-4-464 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-426 Recodified

History

• Adopted effective January 12, 1977 (Supp. 77-1). Amended subsections (A), (C), (D), and (H) effective January 23, 1981 (Supp. 81-1). Former Section R17-4-55 renumbered without change as Section R17-4-426 (Supp. 87-2). Section recodified to R17-4-465 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-427 Recodified

History

• Adopted effective March 31, 1978 (Supp. 78-2). Former Section R17-4-58 renumbered without change as Section R17-4-427 (Supp. 87-2). Section recodified to R17-4-466 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-428 Recodified

History

• New Section recodified from A.A.C. R17-3-403 at 7 A.A.R. 1260, effective February 20, 2001 (Supp. 01-1). Section recodified to R17-4-467 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-429 Reserved

Ariz. Admin. Code § R17-4-430 Reserved

Ariz. Admin. Code § R17-4-431 Reserved

Ariz. Admin. Code § R17-4-432 Reserved

Ariz. Admin. Code § R17-4-433 Reserved

Ariz. Admin. Code § R17-4-434 Reserved

Ariz. Admin. Code § R17-4-435 Recodified

History

• Adopted as an emergency effective July 1, 1982, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 82-3). Former Section R17-4-63 adopted as an emergency now adopted and amended as a permanent rule effective October 8, 1982 (Supp. 82-5). Amended effective August 19, 1983 (Supp. 83-4). Correction to amendments shown effective August 19, 1983. The subsection "IT IS ORDERED: --" was also amended effective August 19, 1983, but not shown (Supp. 83-5). Amended effective February 18, 1986 (Supp. 86-1). Amended effective May 12, 1986 (Supp. 86-3). Adding Historical Note for Supp. 87-1, "Amended effective February 28, 1987." Former Section R17-4-63 renumbered as Section R17-4-435 and amended by adding a new subsection (C) effective April 7, 1987 (Supp. 87-2). Amended by adding paragraph (20) in subsection (B) and renumbering accordingly effective March 23, 1989 (Supp. 89-1). Amended as an emergency effective January 4, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-1). Emergency expired. Emergency amendments re-adopted effective April 25, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days; permanent amendments adopted effective May 18, 1990 (Supp. 90-2). Section R17-4-435 repealed, new Section R17-4-435 adopted effective October 24, 1990 (Supp. 90-4). Emergency amendments effective November 27, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-4) Emergency expired. Emergency amendments readopted effective May 6, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-2). Emergency expired. Amended and renumbered to R17-4-435 and R17-4-435.01 through R17-4-435.04 effective August 16, 1991 (Supp. 91-3). Amended effective February 23, 1993 (Supp. 93-1). Amended effective April 4, 1994 (Supp. 94-2). Amended effective October 16, 1996 (Supp. 96-4). Amended by final rulemaking at 6 A.A.R. 770, effective February 1, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 662, effective January 11, 2001 (Supp. 01-1). Amended by final rulemaking at 7 A.A.R. 3215, effective July 12, 2001 (Supp. 01-3). Section recodified to R17-5-202 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-435.01 Recodified

History

• Section R17-4-435.01 renumbered from R17-4-435(C) and amended effective August 16, 1991 (Supp. 91-3). Amended effective February 23, 1993 (Supp. 93-1). Amended effective April 4, 1994 (Supp. 94-2). Amended effective October 16, 1996 (Supp. 96-4). Amended by final rulemaking at 6 A.A.R. 770, effective February 1, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 662, effective January 11, 2001 (Supp. 01-1). Amended by final rulemaking at 7 A.A.R. 3215, effective July 12, 2001 (Supp. 01-3). Section recodified to R17-5-203 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-435.02 Recodified

History

• Section R17-4-435.02 renumbered from R17-4-435(D) and amended effective August 16, 1991 (Supp. 91-3). Amended effective February 23, 1993 (Supp. 93-1). Amended effective April 4, 1994 (Supp. 94-2). Amended effective October 16, 1996 (Supp. 96-4). Amended by final rulemaking at 6 A.A.R. 770, effective February 1, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 662, effective January 11, 2001 (Supp. 01-1). Amended by final rulemaking at 7 A.A.R. 3215, effective July 12, 2001 (Supp. 01-3). Section recodified to R17-5-204 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-435.03 Recodified

History

• Section R17-4-435.03 adopted effective August 16, 1991 (Supp. 91-3). Amended effective February 23, 1993 (Supp. 93-1). Amended effective April 4, 1994 (Supp. 94-2). Amended by final rulemaking at 6 A.A.R. 770, effective February 1, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 662, effective January 11, 2001 (Supp. 01-1). Amended by final rulemaking at 7 A.A.R. 3215, effective July 12, 2001 (Supp. 01-3). Section recodified to R17-5-205 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-435.04 Recodified

History

• Section R17-4-435.04 renumbered from R17-4-435(E), (F) and (G) and amended effective August 16, 1991 (Supp. 91-3). Amended by final rulemaking at 6 A.A.R. 770, effective February 1, 2000 (Supp. 00-1). Section recodified to R17-5-206 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-435.05 Recodified

History

• Section R17-4-435.02 renumbered from R17-4-435(D) and amended effective August 16, 1991 (Supp. 91-3). Amended by final rulemaking at 6 A.A.R. 770, effective February 1, 2000 (Supp. 00-1). Section recodified to R17-5-207 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-435.06 Recodified

History

• New Section adopted by final rulemaking at 6 A.A.R. 770, effective February 1, 2000 (Supp. 00-1). Section recodified to R17-5-208 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-436 Recodified

History

• Adopted effective October 24, 1990 (Supp. 90-4). Amended effective July 3, 1991 (Supp. 91-3). Amended effective February 28, 1992 (Supp. 92-1). Amended effective October 21, 1993 (Supp. 93-4). Amended effective August 12, 1994 (Supp. 94-3). Amended effective November 21, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 3841, effective September 13, 2000 (Supp. 00-3). Amended by final rulemaking at 7 A.A.R. 3215, effective July 12, 2001 (Supp. 01-3). Section recodified to R17-5-209 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-437 Emergency Expired

History

• Emergency rule adopted effective April 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

Ariz. Admin. Code § R17-4-437.01 Emergency Expired

History

• Emergency rule adopted effective April 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

Ariz. Admin. Code § R17-4-437.02 Emergency Expired

History

• Emergency rule adopted effective April 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

Ariz. Admin. Code § R17-4-437.03 Emergency Expired

History

• Emergency rule adopted effective April 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

Ariz. Admin. Code § R17-4-437.04 Emergency Expired

History

• Emergency rule adopted effective April 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

Ariz. Admin. Code § R17-4-438 Recodified

History

• Adopted effective March 21, 1994 (Supp. 94-1). Section recodified to R17-5-210 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-439 Recodified

History

• Adopted effective March 21, 1994 (Supp. 94-1). Section recodified to R17-5-211 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-440 Recodified

History

• Adopted effective March 21, 1994 (Supp. 94-1). Section recodified to R17-5-212 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-441 Reserved

Ariz. Admin. Code § R17-4-442 Reserved

Ariz. Admin. Code § R17-4-443 Reserved

Ariz. Admin. Code § R17-4-444 [REPEALED]

History

• Amended effective January 5, 1977 (Supp. 77-1). Repealed as an emergency effective August 18, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Repealed effective November 30, 1983 (Supp. 83-6). New Section R17-4-52 adopted as an emergency effective July 25, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-4). Emergency expired. Permanent rule adopted effective February 27, 1986 (Supp. 86-1). Amended subsections (A) and (B) effective February 18, 1987 (Supp. 87-1). Former Section R17-4-52 renumbered without change as Section R17-4-444 (Supp. 87-2). Repealed effective October 13, 1987 (Supp. 87-4).

Ariz. Admin. Code § R17-4-445 Recodified

History

• Section R17-4-421 adopted and renumbered as Section R17-4-445 effective October 13, 1987 (Supp. 87-4). Amended subsection (A) effective May 20, 1988 (Supp. 88-2). Amended effective January 2, 1996 (Supp. 96-3). Section recodified to R17-5-504 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-446 Recodified

History

• Section R17-4-422 adopted and renumbered as Section R17-4-446 effective October 13, 1987 (Supp. 87-4). Section recodified to R17-5-505 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-447 Recodified

History

• Section R17-4-423 adopted and renumbered as Section R17-4-447 effective October 13, 1987 (Supp. 87-4). Section recodified to R17-5-506 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-448 Recodified

History

• Section R17-4-424 adopted and renumbered as Section R17-4-448 effective October 13, 1987 (Supp. 87-4). Amended effective January 2, 1996 (Supp. 96-3). Section recodified to R17-5-507 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-449 Reserved

Ariz. Admin. Code § R17-4-450 [REPEALED]

History

• New Section recodified from R17-4-406 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-451 [REPEALED]

History

• New Section recodified from R17-4-407 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-452 [REPEALED]

History

• New Section recodified from R17-4-408 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-453 [REPEALED]

History

• New Section recodified from R17-4-409 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-454 [REPEALED]

History

• New Section recodified from R17-4-410 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-455 [REPEALED]

History

• New Section recodified from R17-4-411 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4351, effective September 17, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 926, effective February 13, 2002 (Supp. 02-1). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-456 [REPEALED]

History

• New Section recodified from R17-4-412 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-457 [REPEALED]

History

• New Section recodified from R17-4-413 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-458 [REPEALED]

History

• New Section recodified from R17-4-414 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-459 [REPEALED]

History

• Former Rule, General Order 58. Former Section R17-4-21 renumbered without change as Section R17-4-420 (Supp. 87-2). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-460 [REPEALED]

History

• New Section recodified from R17-4-421 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-461 [REPEALED]

History

• New Section recodified from R17-4-422 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-462 [REPEALED]

History

• New Section recodified from R17-4-423 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-463 [REPEALED]

History

• New Section recodified from R17-4-424 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-464 [REPEALED]

History

• New Section recodified from R17-4-425 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-465 [REPEALED]

History

• New Section recodified from R17-4-426 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-466 [REPEALED]

History

• New Section recodified from R17-4-427 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-4-467 [REPEALED]

History

• New Section recodified from R17-4-428 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 641, effective April 8, 2003 (Supp. 03-1).

Article 5 SAFETY

Ariz. Admin. Code § R17-4-501 Definitions

In addition to the definitions provided under A.R.S. §§ 28-101, 28-3001, and 28-3005, in this Article, unless otherwise specified:

"Adaptation" means a modification of or addition to the standard operating controls or equipment of a motor vehicle.

"Applicant" means a person:

Applying for an Arizona driver license or driver license renewal, or

Required by the Department to complete an examination successfully or to obtain an evaluation.

"Application" means the Department form required to be completed by or for an applicant for a driver license or driver license renewal.

"Aura" means a sensation experienced before the onset of a neurological disorder.

"Commercial driver license physical qualifications" means driver medical qualification standards for a person licensed in class A, B, or C to operate a commercial vehicle as prescribed under 49 CFR 391, incorporated by reference under A.A.C. R17-5-202 and R17-5-204.

"Disqualifying medical condition" means a visual, physical, or psychological condition, including substance abuse, that impairs functional ability.

"Evaluation" means a medical assessment of an applicant or licensee by a specialist to determine whether a disqualifying medical condition exists.

"Examination" means testing or evaluating an applicant's or licensee's:

Ability to read and understand official traffic control devices,

Knowledge of safe driving practices and the traffic laws of this state, and

Functional ability.

"Functional ability" means the ability to operate safely a motor vehicle of the type permitted by an Arizona driver license class or endorsement.

"Licensee" means a person issued a driver license by this state.

"Licensing action" means an action by the Department to:

Issue, deny, suspend, revoke, cancel, or restrict a driver license or driving privileges; or

Require an examination or evaluation of an applicant or licensee.

"Medical alert code" means a system of numerals or letters indicating the licensee suffers from some type of adverse medical condition.

"Medical screening questions and certification" means the questions and certification on the application.

"Neurological disorder" means a malfunction or disease of the nervous system.

"Seizure" means a neurological disorder characterized by a sudden alteration in consciousness, sensation, motor control, or behavior, due to an abnormal electrical discharge in the brain.

"Specialist" means:

A physician who is a surgeon or a psychiatrist,

A physician whose practice is limited to a particular anatomical or physiological area or function of the human body or to patients with a specific age range, or

A psychologist.

"Substance abuse" means:

Use of alcohol in a manner that makes the user an alcoholic as defined in A.R.S. § 36-2021, or

Use of a controlled substance in a manner that makes the user a drug dependent person as defined in A.R.S. § 36-2501.

"Substance abuse evaluation" means an assessment by a physician, specialist, or certified substance abuse counselor to determine whether the use of alcohol or a drug impairs functional ability.

"Successful completion of an examination" means an applicant or licensee:

Establishes the visual, physical, and psychological ability to operate a motor vehicle safely, or

Achieves a score of at least 80% on any required tests.

History

• Adopted effective December 14, 1995 (Supp. 95-4). Section recodified to R17-5-706 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 8 A.A.R. 3241, effective July 12, 2002 (Supp. 02-3). Amended by final rulemaking at 8 A.A.R. 5223, effective December 5, 2002 (Supp. 02-4). Amended by final rulemaking at 10 A.A.R. 2829, effective August 7, 2004 (Supp. 04-2). Amended by final rulemaking at 13 A.A.R. 1127, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 227, effective March 8, 2008 (Supp. 08-1). Amended by final rulemaking at 24 A.A.R. 1543, effective 5/1/2018. Amended by final expedited rulemaking at 26 A.A.R. 3147, effective 12/3/2020.

Ariz. Admin. Code § R17-4-502 General Provisions for Visual, Physical, and Psychological Ability to Operate a Motor Vehicle Safely

A. Applicant's or licensee's responsibility. To comply with the Division's screening process for safe operation of a motor vehicle, an applicant or licensee shall:

1. Provide the Division with all requested information about the applicant's or licensee's visual, physical, or psychological condition;

2. Successfully complete all required examinations;

3. Obtain all required evaluations;

4. Ensure timely submission of evaluation reports to the Division; and

5. Appear at all required interviews.

B. A. Screening process for safe operation of a motor vehicle.

1. An applicant shall complete the application, including the medical screening questions and certification.

2. An applicant without a valid driver license shall successfully complete all required examinations or obtain an evaluation if:

a. The Department informs the applicant that the applicant's responses to the medical screening questions indicate the existence of a disqualifying medical condition; or

b. The applicant comes under subsection (B)(1)(a), (B)(1)(c), or (B)(1)(d).

3. An applicant for license renewal shall successfully complete an examination or obtain an evaluation if the applicant's responses to the medical screening questions indicate that since the applicant's last driver license issuance:

a. The applicant has developed a visual, physical, or psychological condition that may constitute a disqualifying medical condition; or

b. There has been a change in an existing visual, physical, or psychological condition that may constitute a disqualifying medical condition.

4. As soon as a licensee's medical condition allows, the licensee shall notify the Department, in writing, that a medical condition exists not previously reported to the Department that may affect the licensee's functional ability. On receipt of the required notification, the Department shall require the licensee to complete an examination or evaluation.

5. Upon receipt of the notification required under subsection (B)(4), the Division shall require the applicant to:

a. Complete the medical screening questions and certification on the application, and

b. Continue with the screening process for safe operation of a motor vehicle.

C. B. Evaluation. An applicant or licensee shall submit to an evaluation as required by the Department.

1. The Department shall require an evaluation if the Department notifies the applicant or licensee in writing that:

a. The applicant or licensee comes under the provisions of R17-4-503 or R17-4-506 ;

b. The applicant or licensee reports a possible disqualifying medical condition or fails to successfully complete an examination;

c. The applicant or licensee shows unexplained confusion, loss of consciousness, or incoherence that is observed by Department personnel; or

d. A person with direct knowledge submits to the Department written information about specific events or conduct indicating the applicant or licensee may have a disqualifying medical condition.

2. The applicant or licensee shall have the physician, appropriate specialist, or certified substance abuse counselor who performs an evaluation submit timely an evaluation report on a form provided by the Department to the Department's Medical Review Program.

3. If the evaluation report on the applicant or licensee is inconclusive regarding the existence of a disqualifying medical condition, the Division shall require the applicant or licensee to appear for an interview to explain information in the evaluation report.

4. If the Division is unable to determine whether a disqualifying medical condition exists after an interview with the applicant or licensee, the Division shall require an additional evaluation, performed by an appropriate specialist and reported to the Division's Medical Review Program, on a form provided by the Division.

5. 3. An applicant or licensee shall pay for any expense incurred by the applicant or licensee to show compliance with the visual, physical, and psychological standards for a driver license.

D. C. Licensing action. The Department shall take a licensing action after requiring an applicant or licensee to complete an examination successfully or obtain an evaluation and submit an evaluation report.

1. The Department shall deny a driver license if an applicant or licensee:

a. Fails to complete successfully an examination; or

b. Fails to:

i. Obtain an evaluation; or

ii. Have a physician, appropriate specialist, or certified substance abuse counselor submit an evaluation report to the Department within 30 days after the Department notifies the applicant that an evaluation is required; or

iii. Appear at an interview; or

c. Has an evaluation report submitted that indicates a disqualifying medical condition.

2. The Department shall summarily suspend a an applicant's or licensee's driving privileges under A.R.S. §§ 28-3306 and 41-1064 for a reason stated in subsection (C)(1).

3. The Department shall issue a revocation notice with a notice of summary suspension. The revocation notice shall inform the applicant or licensee that:

a. Unless the Department receives the applicant or licensee's timely hearing request under subsection (E), the revocation becomes effective:

i. Fifteen days after the date the applicant or licensee is personally served with the notice, or

ii. Twenty days after the date the notice is mailed to the applicant or licensee.

b. An applicant or licensee who wishes to obtain a license after suspension or revocation shall reapply for a license as specified in A.R.S. § 28-3315.

4. The Department shall issue a driver license or shall not suspend or revoke an applicant or licensee's driving privileges if:

a. The applicant or licensee successfully completes all required examinations and the Department does not require an evaluation, or

b. The applicant or licensee obtains all required evaluations and the most recent evaluation report submitted on behalf of the applicant or licensee conclusively indicates no disqualifying medical condition.

E. D. Driver license restrictions. If an applicant or licensee uses an adaptation, including those listed below, to demonstrate functional ability during an examination, the Department shall indicate the adaptation as a restriction on a driver license issued to the applicant or licensee and on the applicant's or licensee's driving record:

1. Automatic transmission,

2. Hand dimmer switch,

3. Left-foot gas pedal,

4. Parking-brake extension,

5. Power steering,

6. Power brakes,

7. Six-way power seat,

8. Right-side directional signal,

9. A device that enables an operator to spin the steering wheel,

10. A device that enables full foot control,

11. Dual outside mirrors,

12. Chest restraints,

13. Shoulder restraints,

14. A device that extends pedals,

15. A device that enables full hand control,

Adapted seat, and

17. Prosthetic aid.

F. E. Hearings. The Department's Executive Hearing Office shall conduct the hearing as provided under A.R.S. Title 41, Chapter 6, Article 6, and 17 A.A.C. 1, Article 5.

1. If the Division takes an adverse licensing action under this Section, an applicant or licensee may request a hearing with the Division's Executive Hearing Office. A hearing request is timely if received by the Division:

a. Within 15 days after the date the notice is delivered to the applicant or licensee, or

b. Within 20 days after the date the notice is mailed to the applicant or licensee.

2. A.A.C. R17-1-501 through R17-1-511 and R17-1-513 govern a hearing conducted under this subsection.

3. The administrative law judge shall sustain, modify, or void the Division's licensing action.

G. F. The Department shall not release information required to be submitted to the Department under this Section by an applicant or licensee except to a person or entity qualified under A.R.S. § 28-455.

History

• New Section recodified from R17-4-520 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3241, effective July 12, 2002 (Supp. 02-3). Amended by final rulemaking at 9 A.A.R. 1861, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking at 13 A.A.R. 1127, effective May 5, 2007 (Supp. 07-1). Amended by final expedited rulemaking at 26 A.A.R. 3147, effective 12/3/2020.

Ariz. Admin. Code § R17-4-503 Vision Standards

A. Definitions.

1. "Binocular vision" means the ability to see in both eyes.

"Bioptic telescopic lens system" means a bioptic, spectacle-mounted corrective lens prescribed by a physician or optometrist for meeting vision acuity requirements for driving that uses magnification as the main method of obtaining minimal visual acuity.

"Corrected visual acuity" means distance vision corrected by eyeglasses, contact lenses, or a bioptic telescopic lens system.

4. "Corrective lens" means eyeglasses, contact lenses, or a bioptic telescopic lens system used to correct distance vision.

5. "Diplopia" means double vision.

6. "Field of vision" means the area in which objects may be seen when the eye is fixed.

7. 6. "Impaired night vision" means below normal ability to see in reduced light.

8. 7. "Monocular vision" means the ability to see in one eye only.

9. 8. "Optometrist" means a person licensed to practice optometry in any state, territory, or possession of the United States or the Commonwealth of Puerto Rico.

10. 9. "Retinitis pigmentosa" means a chronic progressive inflammation of the retina with atrophy and pigmentary infiltration of the inner layers of the retina.

11. 10. "Snellen Chart" means a chart imprinted with lines of black letters of decreasing size for testing visual acuity.

12. 11. "Visual acuity" means the clarity of a person's vision.

12. "Visual field" means the area in which objects may be seen when the eye is fixed.

B. Standard. The following applies only to class D, G, or M applicants or licensees.

Visual acuity. A person shall have binocular or monocular vision and visual acuity of 20/40 in at least one eye.

a. The Department shall not license a person with monocular vision and visual acuity of 20/50 or greater.

b. The Department shall not license a person with binocular vision and visual acuity of 20/70 or greater.

Visual field. Field of vision shall be 70 degrees or greater temporally, and 35 degrees or greater nasally, in at least one eye.

C. Restrictions.

1. A person with corrected vision shall wear corrective lenses at all times when driving if the corrective lens is required to achieve the vision standards in subsection (B).

2. The Department shall restrict a person with diagnosed impaired night vision to daytime driving only.

3. The Department shall restrict a person with binocular vision and corrected or uncorrected visual acuity of 20/50 or 20/ 60, when using both eyes, to daytime driving only.

4. The Division shall not license a person with monocular vision and visual acuity of 20/50 or greater.

5. The Division shall not license a person with binocular vision and visual acuity of 20/70 or greater.

D. Screening process.

1. The Department, a physician, or an optometrist may administer visual acuity and visual field screening through the use of visual screening equipment or the Snellen Chart to determine if a person's visual acuity meets minimum standards and through the use of visual screening equipment to determine if a person's visual field meets minimum standards.

2. A person may use a bioptic telescopic lens system during vision screening.

a. Beginning on the date of an initial application and every year thereafter, a person using a bioptic telescopic lens system shall submit to the Department an annual exam performed by a physician or optometrist to ascertain whether the person has a progressive eye disease.

b. The Department shall not license a person using a bioptic telescopic lens system unless the person submits to the Department a vision examination form provided by the Department and completed by a physician or an optometrist indicating that the individual meets the visual acuity standard as prescribed in subsection (B).

c. The Department shall not license a person using a bioptic telescopic lens system with magnification of the lens that is more than 4X.

3. The Division shall conduct visual acuity screening through the use of visual screening equipment or the Snellen Chart to determine whether a person's corrected vision is 20/40 in at least one eye.

E. Reporting requirements.

1. A person choosing to have initial visual acuity and visual field screening done by a physician or an optometrist shall submit the results to the Department.

2. If the Department does initial visual acuity and visual field screening and the person does not meet vision standards of subsection (B), the Department shall require the person to submit the results of the person's visual acuity and visual field screening by a physician or an optometrist.

3. The Department shall require a person diagnosed with any of the following conditions to file the results of the person's visual acuity and visual field screening completed by the physician or optometrist:

a. Any progressive eye disease,

b. Diplopia, or

c. Impaired night vision.

F. Results of visual acuity and visual field screening from a physician or optometrist shall contain the following.

1. An examination date no more than three months before the submission date to the Department;

2. Visual acuity and visual field;

3. If applicable, specification that the person is monocular;

4. If applicable, diagnosis of any condition described in subsection (E)(3);

5. Any recommendations on frequency of reporting requirements for the person, in addition to those required by the Department;

Suggested restrictions on driving, in addition to those required by the Department; and

7. Any recommendations on the person's ability to safely operate a motor vehicle.

G. The Department shall require a driving test if a person's eye disease is determined by a physician or optometrist to be progressive.

History

• New Section recodified from R17-4-521 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 12 A.A.R. 221, effective January 10, 2006 (Supp. 06-1). Amended by final expedited rulemaking at 26 A.A.R. 3147, effective 12/3/2020.

Ariz. Admin. Code § R17-4-504 Medical Alert Conditions

A. Definition. In this Section, "license" means any class of driver license, commercial driver license, non-operating identification license, or instruction permit.

B. Medical alert condition displayed on license. The Department will provide on each license a space to indicate a medical alert condition. A list of recognized medical alert conditions is available at all Motor Vehicle Division Customer Service offices and Authorized Third Party Driver License offices.

C. Retention of medical alert condition authorization. The Department will not maintain the medical alert code on the Department computer record unless written authorization is submitted.

D. A person shall submit a signed statement, from a physician or registered nurse practitioner, stating that the person is diagnosed with a medical condition. The signed statement is required every time the person requests a license unless the person authorizes the Department to maintain the medical alert code on the Department computer record.

History

• Adopted effective September 25, 1991 (Supp. 91-3). Section repealed by final rulemaking at 7 A.A.R. 3831, effective August 10, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 1127, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 227, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 26 A.A.R. 3147, effective 12/3/2020.

Ariz. Admin. Code § R17-4-505 [REPEALED]

History

• Adopted effective May 2, 1990 (Supp. 90-2). Section repealed by final rulemaking at 7 A.A.R. 3831, effective August 10, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-506 Neurological Standards

A. Driver license application.

1. A person who has a seizure in the three months before applying for a driver license shall undergo an evaluation as provided in R17-4-502.

2. After the evaluation under R17-4-502, the person or the person's physician shall submit the medical examination report to the Department.

3. The Department shall not issue a driver license to a person if the medical examination report shows that the person has a neurological disorder that affects the person's ability to operate a motor vehicle safely.

B. Driver license revocation.

1. A person with a driver license or nonresident driving privileges who experiences a seizure shall cease driving and:

a. Undergo an evaluation as provided in R17-4-502 ;

b. Submit the medical examination report to the Department; and

c. Undergo a follow-up evaluation within one year after the seizure or within a shorter time, as recommended by a physician.

2. After each evaluation, the person or the person's physician shall submit the applicable medical examination report to the Department.

3. The Department shall revoke a person's driver license or nonresident driving privileges if any medical examination report shows the person has a neurological disorder that affects the person's ability to operate a motor vehicle safely.

C. Medical examination report. A medical examination report under this Section shall include the following information:

1. Age at onset of seizures, diagnosis, and history;

Aftereffects of seizures;

3. EEG findings, if any;

4. Description, cause, frequency, duration, and date of most recent seizure;

5. Current medications, including dosage, side effects, and serum level; and

6. A physician's medical opinion as to whether the neurological disorder will affect the person's ability to operate a motor vehicle safely.

D. Physician's medical opinion. A neurological disorder does not affect a person's ability to operate a motor vehicle safely if a physician concludes with reasonable medical certainty that:

1. Any seizure that occurred within the last three months was due to a change in anticonvulsant medication ordered by a physician and that seizures are under control after the change in medication;

2. Any seizure that occurred within the last three months was a single event that will not recur in the future;

3. Any seizure is likely to occur but has an established pattern of occurring only during sleep; or

4. There is an established pattern of an aura of sufficient duration to allow the person to cease operating a motor vehicle immediately at the onset of the aura.

History

• Former Rule, General Order 107; Amended effective April 28, 1981 (Supp. 81-2). Amended effective July 1, 1985 (Supp. 85-4). Former Section R17-4-46 renumbered without change as Section R17-4-506 (Supp. 87-2). Emergency amendment adopted effective December 31, 1998, pursuant to A.R.S. § 28-366, for a maximum of 180 days (Supp. 98-4). Emergency amendment expired June 29, 1999 pursuant to A.R.S. § 41-1026(C) (Supp. 99-3). Emergency amendment adopted effective October 1, 1999, pursuant to A.R.S. § 28-366, for a maximum of 180 days (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 1172, effective March 9, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 3221, effective July 12, 2001 (Supp. 01-3). Section recodified to R17-4-404 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-522 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 5440, effective November 14, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 5223, effective December 5, 2002 (Supp. 02-4). Amended by final expedited rulemaking at 26 A.A.R. 3147, effective 12/3/2020.

Ariz. Admin. Code § R17-4-507 [REPEALED]

History

• Adopted effective July 24, 1985 (Supp. 85-4). Amended effective March 13, 1986 (Supp. 86-2). Former Section R17-4-50 renumbered without change as Section R17-4-507 (Supp. 87-2). Amended by final rulemaking at 7 A.A.R. 4355, effective September 14, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 5223, effective December 5, 2002 (Supp. 02-4). Repealed by final rulemaking at 24 A.A.R. 1543, effective 5/1/2018.

Ariz. Admin. Code § R17-4-508 Commercial Driver License Physical Qualifications

A. A commercial driver license applicant must meet the commercial driver license physical qualifications and have a U.S. Department of Transportation medical examiner's certificate, form MCSA-5876, completed, which the Department must be able to verify from the electronic information provided by the Federal Motor Carrier Safety Administration.

A commercial driver license applicant shall submit a U.S. Department of Transportation medical examiner's certificate, available online from the Federal Motor Carrier Safety Administration at https://www.fmcsa.dot.gov, completed as prescribed under 49 CFR 391.43 to the Department.

a. Except as provided in subsection (A)(1)(c), the medical examiner's certificate must be completed by a medical examiner who is listed on the current National Registry of Certified Medical Examiners. A search of certified medical examiners is available on the Federal Motor Carrier Safety Administration's website.

b. The medical examiner's certificate must be completed upon or prior to the applicant's initial application or expiration of the applicant's current medical examiner's certificate.

c. An optometrist, licensed to practice by the federal government, any state, or U.S. territory, may perform the medical examination as it pertains to visual acuity, field of vision, and the ability to recognize colors as specified in 49 CFR 391.41(b)(10) .

2. As prescribed under 49 CFR 391.41(a)(2), a licensee who possesses a commercial driver license shall keep an original or photographic copy of the licensee's current medical examiner's certificate required under subsection (A)(1) available for law enforcement inspection upon request for no more than 15 days after the date it was issued as valid proof of medical certification.

3.2. A licensee who possesses a commercial driver license shall notify the Department within 10 days of a physical condition that develops or worsens causing noncompliance with the commercial driver license physical qualifications.

B. Commercial driver license suspension and revocation notification procedure. To notify a licensee of any commercial driver license suspension and revocation under subsection (C), the Department shall simultaneously mail two notices within 15 days after a medical examiner's certificate's due date to the licensee's address of record that:

1. Suspends the licensee's commercial driver license beginning on the notice's date; and

2. Revokes the licensee's commercial driver license 15 days after the date of the suspension notice issued under subsection (B)(1).

C. Noncompliance actions.

1. Initial application denial. If an applicant's initial medical examiner's certificate required under subsection (A) shows that the applicant does not comply with the commercial driver license physical qualifications, the Department shall immediately mail the commercial driver license denial notification to the applicant's address of record.

2. Medical examiner's certificate renewal suspension and revocation. If a renewing commercial driver licensee

a. does not complete a medical examiner's certificate required under subsection (A) or the Federal Motor Carrier Safety Administration indicates the licensee is noncompliant with the commercial driver license physical qualifications, the Department shall follow the suspension and revocation notification procedure prescribed under subsection (B).

b. An incomplete medical examiner's certificate required under subsection (A)(1), the Department shall immediately return the incomplete form with a letter requesting that the licensee provide missing information to the Department within 45 days after the date of the Department's letter. The Department shall follow the suspension and revocation notification procedure pre-scribed under subsection (B) if the licensee fails to return the requested information in the time-frame prescribed in this subsection.

D. A commercial driver license that remains revoked for longer than 12 months expires. The holder of an expired commercial driver license may obtain a new commercial driver license by successfully completing all commercial driver license written and skills testing and by completing the medical examiner's certificate prescribed under subsection (A).

E. Administrative hearing. A person who is denied a commercial driver license or whose commercial driver license is suspended or revoked under this Section may request a hearing from the Department as prescribed under 17 A.A.C. 1, Article 5. The hearing is held in accordance with the procedures prescribed under A.R.S. Title 41, Chapter 6, Article 6 and 17 A.A.C. 1, Article 5.

History

• Adopted effective October 31, 1975 (Supp. 75-1). Former Section R17-4-57 renumbered without change as Section R17-4-508 (Supp. 87-2). Emergency amendments adopted effective July 30, 1993, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 93-3). Emergency amendments permanently adopted effective October 27, 1993 (Supp. 93-4). Section recodified to R17-4-409 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-802 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-1). Amended by final rulemaking at 10 A.A.R. 2829, effective August 7, 2004 (Supp. 04-2). Amended by final rulemaking at 13 A.A.R. 1127, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 395, effective March 8, 2008 (Supp. 08-1). Amended by final rulemaking at 24 A.A.R. 1543, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2730, effective 11/2/2021. Amended by final rulemaking at 31 A.A.R. 1954, effective 6/4/2025.

Ariz. Admin. Code § R17-4-509 [REPEALED]

History

• Adopted effective February 14, 1984 (Supp. 84-1). Former Section R17-4-56 renumbered without change as Section R17-4-509 (Supp. 87-2). Repealed effective December 17, 1993 (Supp. 93-4).

Ariz. Admin. Code § R17-4-510 Expired

History

• Adopted effective October 17, 1986 (Supp. 86-5). Former Section R17-4-76 renumbered without change as Section R17-4-510 (Supp. 87-2). Section recodified to R17-4-406 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-705 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final expedited rulemaking at 26 A.A.R. 3147, effective 12/3/2020. Section expired under A.R.S. § 41-1052(M) at 28 A.A.R. 121 (January 7, 2022), effective December 7, 2021 (Supp. 21-4).

Ariz. Admin. Code § R17-4-511 [REPEALED]

History

• Adopted effective April 21, 1980 (Supp. 80-2). Former Section R17-4-62 renumbered without change as Section R17-4-511 (Supp. 87-2). Section repealed by final rulemaking at 7 A.A.R. 3831, effective August 10, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-512 Expired

History

• Former Rule, General Order 92. Former Section R17-4-37 renumbered without change as Section R17-4-512 (Supp. 87-2). Section recodified to R17-5-302 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). New Section R17-4-512 recodified from R17-4-704 at 7 A.A.R. 4157, effective September 7, 2001 (Supp. 01-3). Amended by final rulemaking at 14 A.A.R. 397, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 26 A.A.R. 3147, effective 12/3/2020. Section expired under A.R.S. § 41-1052(M) at 28 A.A.R. 121 (January 7, 2022), effective December 7, 2021 (Supp. 21- 4).

Ariz. Admin. Code § R17-4-513 Emergency Expired

History

• Emergency rule adopted effective January 4, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-1). Emergency expired. Emergency rule re-adopted effective May 2, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired.

Ariz. Admin. Code § R17-4-514 Emergency Expired

History

• Emergency rule adopted effective January 4, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-1). Emergency expired. Emergency rule re-adopted effective April 25, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired.

Ariz. Admin. Code § R17-4-515 Reserved

Ariz. Admin. Code § R17-4-516 Reserved

Ariz. Admin. Code § R17-4-517 Reserved

Ariz. Admin. Code § R17-4-518 Reserved

Ariz. Admin. Code § R17-4-519 Reserved

Ariz. Admin. Code § R17-4-520 Recodified

History

• Adopted as Section R17-4-301 and renumbered as Section R17-4-520 effective September 22, 1987 (Supp. 87-3). Section recodified to R17-4-502 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-521 Recodified

History

• Adopted as Section R17-4-310 and renumbered as Section R17-4-521 effective September 22, 1987 (Supp. 87-3). Section recodified to R17-4-503 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-522 Recodified

History

• Adopted as Section R17-4-320 and renumbered as Section R17-4-522 effective September 22, 1987 (Supp. 87-3). Amended effective April 12, 1994 (Supp. 94-2). Section recodified to R17-4-506 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Article 6 EXPIRED

Ariz. Admin. Code § R17-4-601 Reserved

Ariz. Admin. Code § R17-4-602 Reserved

Ariz. Admin. Code § R17-4-603 Reserved

Ariz. Admin. Code § R17-4-604 Reserved

Ariz. Admin. Code § R17-4-605 Reserved

Ariz. Admin. Code § R17-4-606 [REPEALED]

History

• Adopted effective February 6, 1984 (Supp. 84-1). Former Section R17-4-507 renumbered without change as Section R17-4-606 (Supp. 87-2). Repealed by summary rulemaking with an interim effective date of March 8, 1996; filed in the Office of the Secretary of State February 16, 1996 (Supp. 96-1).

Ariz. Admin. Code § R17-4-607 [REPEALED]

History

• Adopted effective August 24, 1982 (Supp. 82-4). Former Section R17-4-501 renumbered without change as Section R17-4-607 (Supp. 87-2). Emergency amendments adopted and filed August 24, 1990, effective September 27, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency amendments repealed, new emergency amendments adopted effective October 1, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-4). Emergency expired. Emergency amendments re-repealed, new emergency amendments readopted effective February 12, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-1). Emergency expired. Emergency amendments re-repealed, new emergency amendments re-adopted effective August 6, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Emergency expired. Emergency amendments re-adopted with changes effective November 14, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency expired. Repealed by summary rulemaking with an interim effective date of March 8, 1996; filed in the Office of the Secretary of State February 16, 1996 (Supp. 96-1).

Ariz. Admin. Code § R17-4-608 Expired

History

• Adopted effective August 18, 1983 (Supp. 83-4). Former Section R17-4-504 renumbered without change as Section R17-4-608 (Supp. 87-2). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).

Ariz. Admin. Code § R17-4-609 Expired

History

• Adopted effective March 7, 1983, to apply to chassis and bodies placed in production after May 1, 1983 (Supp. 83-2). Former Section R17-4-502 renumbered without change as Section R17-4-609 (Supp. 87-2). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).

Ariz. Admin. Code § R17-4-610 Expired

History

• Adopted effective February 11, 1983 (Supp. 83-1). Former Section R17-4-503 renumbered without change as Section R17-4-610 (Supp. 87-2). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).

Ariz. Admin. Code § R17-4-611 Expired

History

• Adopted effective August 24, 1983 (Supp. 83-4). Former Section R17-4-506 renumbered without change as Section R17-4-611 (Supp. 87-2). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).

Ariz. Admin. Code § R17-4-612 Expired

History

• Adopted effective August 18, 1983 (Supp. 83-4). Former Section R17-4-505 renumbered without change as Section R17-4-612 (Supp. 87-2). R17-4-612 amended by summary action; Appendices A and B repealed by summary action with an interim effective date March 8, 1996; filed in the Office of the Secretary of State February 16, 1996 (Supp. 96-1). Section expired under A.R.S. § 41- 1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).

Article 7 HAZARDOUS MATERIALS ENDORSEMENT

Ariz. Admin. Code § R17-4-701 Definitions

In addition to the definitions contained in 49 CFR 1572, the following words and phrases apply to this Article:

"Applicant" means an individual who applies to obtain an original or renewal HME.

"CDL" means commercial driver license.

"Department" has the same meaning as defined in A.R.S. § 28-101.

"HME" means hazardous materials endorsement.

"Security Threat Assessment" means a check by TSA that includes a fingerprint-based criminal history records check, an intelligence-related background check, and a final disposition.

"Transfer applicant" means an individual with an existing HME issued by another state, applying to the state of Arizona for an HME.

"TSA" means the U.S. Transportation Security Administration.

History

• Adopted effective February 1, 1994 (Supp. 94-1). Section recodified to R17-4-309 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1). Amended by final rulemaking at 13 A.A.R. 3368, effective November 10, 2007 (Supp. 07-3). Amended by final rulemaking at 24 A.A.R. 1543, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2730, effective 11/2/2021.

Ariz. Admin. Code § R17-4-702 Scope

This Article applies to commercial drivers who are applying for an original, renewal, or transfer of an HME, in accordance with 49 CFR 1572 . The Department incorporates by reference 49 CFR 1572, revised as of October 1, 2023, and no later amendments or editions. The incorporated material is on file with the Department at 206 S. 17th Avenue, Phoenix, AZ 85007. The incorporated material is published by National Archives and Records Administration, Office of the Federal Register, 8601 Adelphi Road, College Park, MD 207406001, and is printed and distributed by the U.S. Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000. The incorporated material can be viewed online at https://www.govinfo.gov and ordered online by visiting the U.S. Government Bookstore at http://bookstore.gpo.gov.

History

• Adopted effective November 15, 1989 (Supp. 89-4). Amended effective October 11, 1995 (Supp. 95-4). Section recodified to R17-1-202 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1). Amended by final rulemaking at 13 A.A.R. 3368, effective November 10, 2007 (Supp. 07-3). Amended by final rulemaking at 24 A.A.R. 1543, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2730, effective 11/2/2021. Amended by final rulemaking at 31 A.A.R. 1954, effective 6/4/2025.

Ariz. Admin. Code § R17-4-703 Expired

History

• New Section made by exempt rulemaking at 7 A.A.R. 2518, effective May 25, 2001 (Supp. 01-2). Section recodified to R17-1-204 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 34, effective June 30, 2016 (Supp. 16-4).

Ariz. Admin. Code § R17-4-704 Requirements for an HME

To receive an HME an applicant shall:

1. Possess a valid Arizona CDL,

2. Be at least 21 years of age,

3. Successfully complete all required testing under R17-4-705,

4. Pay all applicable fees under R17-4-706,

5. Make application to TSA for a Security Threat Assessment, and

6. Receive a Determination of No Security Threat from TSA.

History

• Adopted effective October 6, 1983 (Supp. 83-5). Former Section R17-4-49 renumbered without change as Section R17-4-704 (Supp. 87-2). Amended by final rulemaking at 7 A.A.R. 3834, effective August 10, 2001 (Supp. 01-3). Section recodified to R17-4-512 at 7 A.A.R. 4157, effective September 7, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1).

Ariz. Admin. Code § R17-4-705 Required Testing

A. Original and renewal applicants shall successfully complete the testing requirements under A.R.S. § 28-3223.

B. A transfer applicant shall be required to comply with HME knowledge test requirements under A.R.S. § 28-3223 and pay any applicable fee under R17-4-706.

History

• Adopted effective August 2, 1978 (Supp. 78-4). Former Section R17-4-61 renumbered without change as Section R17-4-705 (Supp. 87-2). Section recodified to R17-4-510 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1). Amended by final rulemaking at 13 A.A.R. 3368, effective November 10, 2007 (Supp. 07-3). Amended by final rulemaking at 24 A.A.R. 1543, effective 5/1/2018. Amended by final rulemaking at 31 A.A.R. 1954, effective 6/4/2025.

Ariz. Admin. Code § R17-4-706 Fees

All applicants and transfer applicants shall pay all applicable fees as prescribed by:

TSA for a Security Threat Assessment, and

2. A.R.S. § 28-3002.

History

• Former Rule, General Order 96. Former Section R17-4-39 renumbered without change as Section R17-4-706 (Supp. 87-2). Section recodified to R17-4-407 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1). Amended by final rulemaking at 24 A.A.R. 1543, effective 5/1/2018.

Ariz. Admin. Code § R17-4-707 60-Day Notice to Apply

A. The Department shall notify an existing HME holder that a new Security Threat Assessment shall be successfully passed to retain the HME 60 days prior to the expiration of the Security Threat Assessment and the corresponding HME.

B. Upon expiration of the Department's 60 Day Notice to Apply, the Department shall cancel the Arizona driver license privileges of an applicant who fails to apply for a Security Threat Assessment and fails to remove the HME.

History

• Adopted as an emergency effective April 24, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-2). Emergency expired. Former Section R17-4-66 renumbered and reserved as R17-4-707 (Supp. 87-2). New Section R17-4-66 adopted and renumbered as Section R17-4-707 effective August 11, 1987 (Supp. 87-3). Amended by final rulemaking at 6 A.A.R. 4668, November 14, 2000 (Supp. 00-4). Section recodified to R17-1-203 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1). Amended by final rulemaking at 24 A.A.R. 1543, effective 5/1/2018. Amended by final rulemaking at 31 A.A.R. 1954, effective 6/4/2025.

Ariz. Admin. Code § R17-4-708 Security Threat Assessment

A. An applicant for an HME shall successfully pass a Security Threat Assessment every five years.

B. An applicant subject to any of the following actions, as defined in A.R.S. § 28-3001, shall obtain a new Security Threat Assessment and HME:

Cancellation,

2. Suspension for a period of one year or more,

Expiration for a period of one year or more, and

4. Revocation for a period of one year or more.

History

• Adopted effective January 13, 1993 (Supp. 93-1). Section recodified to R17-4-310 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1). Amended by final rulemaking at 27 A.A.R. 2730, effective 11/2/2021.

Ariz. Admin. Code § R17-4-709 Determination of Security Threat

Upon notification by TSA that an applicant has failed to successfully pass the Security Threat Assessment:

1. For an original applicant:

a. The Department will deny the request for an HME; and

b. If otherwise qualified, the applicant may apply for a CDL without an HME.

2. For a renewal applicant:

a. The Department shall immediately cancel the HME.

b. The Department will notify an HME applicant with a Notice of Action that the applicant has 15 days from the notice date to have the HME removed.

c. The applicant shall visit a Motor Vehicle Division Customer Service office for removal of the HME.

d. If the applicant fails to comply with the Department's Notice of Action, the Department shall cancel the applicant's Arizona driver license privilege.

e. Upon removal of an HME by the Department under this Section, an applicant, if otherwise qualified, may continue to hold a CDL.

History

• Adopted by an emergency action effective December 1, 1998, pursuant to A.R.S. § 41-1026, effective for a maximum of 180 days (Supp. 98-4). Emergency expired May 29, 1999; Section renewed and amended by emergency rulemaking, pursuant to A.R.S. § 41-1026, at 5 A.A.R. 2433, effective July 7, 1999 for a maximum of 180 days (Supp. 99-3). Emergency Section expired January 3, 2000, pursuant to A.R.S. § 1026(C); new Section adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 59, effective December 7, 2000 (Supp. 00-4). Section recodified to R17-5-601 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1). Amended by final rulemaking at 24 A.A.R. 1543, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2730, effective 11/2/2021.

Ariz. Admin. Code § R17-4-709.01 Recodified

History

• New Section adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Section recodified to R17-5-602 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-709.02 Recodified

History

• New Section adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Section recodified to R17-5-603 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-709.03 Recodified

History

• New Section adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Section recodified to R17-5-604 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-709.04 Recodified

History

• New Section adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 59, effective December 7, 2000 (Supp. 00-4). Section recodified to R17-5-605 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-709.05 Recodified

History

• New Section adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Section recodified to R17-5-606 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-709.06 Recodified

History

• New Section adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Section recodified to R17-5-607 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-709.07 Recodified

History

• New Section adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 59, effective December 7, 2000 (Supp. 00-4). Section recodified to R17-5-608 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-709.08 Recodified

History

• New Section adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Section recodified to R17-5-609 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-709.09 Recodified

History

• New Section adopted by final rulemaking at 6 A.A.R. 654, effective January 11, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 59, effective December 7, 2000 (Supp. 00-4). Section recodified to R17-5-610 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-709.10 Recodified

History

• New Section adopted by final rulemaking at 7 A.A.R. 59, effective December 7, 2000 (Supp. 00-4). Section recodified to R17-4-408 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-710 Requests for Administrative Hearing

A. In the event an applicant has failed to successfully complete the Security Threat Assessment or failed to receive a Determination of No Security Threat, the applicant may make an appeal directly through TSA, but cannot request an administrative hearing from the Department.

B. An applicant whose Arizona driver license privileges have been canceled under R17-4-707 or R17-4-709 may request an administrative hearing from the Department as prescribed under 17 A.A.C. 1, Article 5. The hearing is held in accordance with the procedures prescribed under A.R.S. Title 41, Chapter 6, Article 6 and 17 A.A.C. 1, Article 5.

History

• New Section adopted by final rulemaking at 5 A.A.R. 2928, effective August 5, 1999 (Supp. 99-3). Section recodified to R17-1-101 at 7 A.A.R. 919, effective January 24, 2001 (Supp. 01-1). New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1). Amended by final rulemaking at 24 A.A.R. 1543, effective 5/1/2018.

Ariz. Admin. Code § R17-4-711 Expired

History

• New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 34, effective June 30, 2016 (Supp. 16-4).

Ariz. Admin. Code § R17-4-712 Transfer Applicant

A. Applicability. A transfer applicant shall comply with the provisions of this Article except as otherwise required by this Section.

B. Existing TSA approval. Upon application by a transfer applicant who has successfully passed a Security Threat Assessment prior to application in Arizona, the Department shall:

1. Verify the TSA approval of a Determination of No Security Threat;

a. 2. Issue an Arizona CDL with an HME; and

b. Validate the CDL with an HME upon verification of TSA approval, and the transfer applicant shall not be required to return to a designated CDL office unless otherwise required; and

c. 3. Consider an applicant who has been subject to any action under R17-4-708(B) an original applicant and shall require the applicant to undergo a new Security Threat Assessment and testing requirements under R17-4-705 .

2. The Division shall not require that a transfer applicant who has received STA approval undergo an additional STA prior to expiration of existing TSA approval, unless required under federal or state law or these rules,

3. If the Division is unsuccessful in verifying successful completion of STA, the Division shall immediately cancel the HME, and require that the applicant return to designated CDL office to have HME removed from license.

4. The Division shall mail to the transfer applicant a Notice of Action that the applicant has 15 days from the notice date to visit a designated CDL office to have the HME removed.

C. No existing TSA approval.

1. Upon application by a transfer applicant with an existing HME, who has not undergone a STA prior to application in Arizona, the Division shall:

a. Require that the transfer applicant successfully undergo a STA; and

b. Upon verification of successful completion of STA, issue an Arizona CDL with an HME.

2. If a transfer applicant fails to successfully complete a STA or the Division is unsuccessful in verifying successful completion of STA, the Division shall deny the application for HME.

3. If the applicant fails to comply with the Division's Notice of Action, the Division shall cancel the applicant's Arizona Driver License privilege.

D. CDL eligibility. The Division may grant an application for a CDL, if an applicant is otherwise qualified to hold CDL.

History

• New Section made by final rulemaking at 13 A.A.R. 3368, effective November 10, 2007 (Supp. 07-3). Amended by final rulemaking at 24 A.A.R. 1543, effective 5/1/2018.

Article 8 MOTOR VEHICLE RECORDS

Ariz. Admin. Code § R17-4-801 Definitions

In addition to the definitions under A.R.S. §§ 28-101 and 28-440, the following definitions apply to this Article, unless otherwise specified:

"Batch" means a query-command method that initiates simultaneous production of an electronic file or series of requests that may have delayed results.

"Certified record" means a copy of a document designated as a true copy by the agency officer entrusted with custody of the original to be used for purposes prescribed under A.R.S. § 28-442.

"Commercial driver license record" has the same meaning as a CDLIS motor vehicle record as defined in 49 CFR 384.105.

"Customer number" means the system-generated, or other distinguishing number, assigned by the Department to each person with a record on the Department's database, which includes the driver license number assigned to a person for a driver license, identification card, or instruction permit.

"Driver record" means a motor vehicle record more specifically defined to include any data that pertains to a driver license, identification card, instruction permit, or driver related activities.

"Interactive" means an electronic query-command method individually initiated by a person that produces immediate results.

"Reasonable costs" has the same meaning as defined in A.R.S. § 12-351.

"Requester" means the person, as defined in A.R.S. § 41-1001, requesting a motor vehicle record.

"Special MVR" means a motor vehicle record that is comprised of the least possible subset of information necessary to respond to the type of request received.

"Support document" means any customer record maintained by the Department in an electronic, hardcopy, or microfilm file storage format.

"Title and registration record" means a motor vehicle record more specifically defined to include any data that pertains to a vehicle title or registration record.

History

• Adopted effective June 29, 1990 (Supp. 90-2). Section recodified to R17-5-701 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 4376, effective February 2, 2008 (Supp. 07-4). Amended by final expedited rulemaking at 24 A.A.R. 3498, effective 12/4/2018.

Ariz. Admin. Code § R17-4-802 Motor Vehicle Record Request

A. Identification requirements. The requester of a motor vehicle record shall present valid identification as indicated on the motor vehicle record request form or at the request of the Department at the time a motor vehicle record request is made.

B. Charges and exemptions. The requester of a motor vehicle record shall pay the appropriate motor vehicle record copy charge under R17-4-803, unless exempt under A.R.S. § 28-446.

C. Motor vehicle record types. Under this Article, the Department may release any of the following motor vehicle record types:

1. Title and Registration record, uncertified;

2. Title and Registration record, certified;

Driver 39-month record, uncertified;

4. Driver five-year record, certified;

5. Driver extended history record, certified;

Special MVR, uncertified;

Commercial driver license record, uncertified;

8. Support documents, uncertified; and

9. Support documents, certified.

D. Search Criteria. A requester who has a permissible use under A.R.S. § 28-455, except as indicated under subsection (E) when using the permissible use under A.R.S. § 28-455(C)(11), shall provide at least one of the items of information listed in this subsection when requesting a motor vehicle record. The requester may need to provide additional information as needed in order to locate the record.

1. For a title and registration motor vehicle record:

a. Vehicle identification number,

b. License plate number, or

c. Vehicle owner's full name.

2. For a driver motor vehicle record:

a. The full name of the person whose record is requested, or

b. Driver license number, or

c. b. Customer number.

E. Consent to release motor vehicle record. A requester who uses the permissible use under A.R.S. § 28-455(C)(13) shall present a properly signed Consent To Release Motor Vehicle Record - One-Time form from the person whose motor vehicle record is requested. A requester who uses the permissible use under A.R.S. § 28-455(C)(11) shall present a properly signed Consent To Release Motor Vehicle Record - General form from the person whose motor vehicle record is requested if that person has not previously submitted this form to the Department. In addition, a requester who uses the permissible use under A.R.S. § 28-455(C)(11) shall provide the items of information listed in this subsection. The Consent To Release Motor Vehicle Record forms are available at all Customer Service and Authorized Third Party Provider offices and online at https:/ /www.azdot.gov.

1. For a title and registration motor vehicle record:

a. Two items under subsection (D)(1), and

b. The vehicle owner's full name, or

c. b. The vehicle owner's residence address.

2. For a driver motor vehicle record:

a. The name and customer number of the person whose record is requested, and

b. The person's date of birth, or

c. The person's address, or

d. The person's Arizona driver license expiration date.

F. General consent to release information. The Department shall record a person's general consent to release information on the person's driver and title and registration records.

1. The general consent to release information is valid until revoked, in writing, by the person.

2. A person may submit the written notice of revocation:

a. In person, at a Customer Service office or Authorized Third Party Provider; or

b. By mail, to Motor Vehicle Division, P.O. Box 2100, Mail Drop 500M, Phoenix, AZ 85001-2100.

G. Insurance companies requesting a driver record. The Department shall not release to an insurer, broker, managing general agent, authorized agent or insurance producer any information in a person's driving record pertaining to a traffic violation that occurred 40 months or more before the date of a request for the release of the information.

History

• Adopted effective August 16, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 19, 1994 (Supp. 94-2). Section recodified to R17-4-508 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 4376, effective February 2, 2008 (Supp. 07-4). Amended by final expedited rulemaking at 24 A.A.R. 3498, effective 12/4/2018.

Ariz. Admin. Code § R17-4-803 Record Copy Charges

In accordance with A.R.S. §§ 12-351 and 28-446, for each separate request, the Department shall assess a charge as provided in Table 1. Certified and Uncertified Motor Vehicle Record Fees. Therefore, a fee is collected if the request results in a motor vehicle record or "No Record Found."

Table 1. Certified and Uncertified Motor Vehicle Record Fees

| Description | Method of Delivery | Amount | | --- | --- | --- | | A certified record: | Over-the-counter immediate or drop-off service; Mail-in request; or Electronic interactive. | $5 | | Electronic batch. | $3 | | | A certified support document: | Over-the-counter immediate or drop-off service; or Mail-in request. | $5 | | An uncertified record: | Over-the-counter immediate service; Mail-in request; or Electronic interactive. | $3 | | Electronic batch; or Over-the-counter drop-off service. | $2 | | | An uncertified support document: | Over-the-counter immediate or drop-off service; or Mail-in request. | $3 | | An uncertified Special MVR: | Over-the-counter immediate or drop-off service; Mail-in request; or Electronic interactive. | $1.50 | | Civil subpoena support documentation: | Served by a process server. | Reasonable costs | | Any photocopied item: (Does not include. etc.) | Over-the-counter immediate or drop-off service; or Mail-in request. | 25¢ per page |

History

• Amended by final expedited rulemaking at 24 A.A.R. 3498, effective 12/4/2018.

Ariz. Admin. Code § R17-4-804 [REPEALED]

History

• Adopted effective June 29, 1990 (Supp. 90-2). Repealed effective November 21, 1995 (Supp. 95-4).

Ariz. Admin. Code § R17-4-805 Recodified

History

• Adopted effective June 29, 1990 (Supp. 90-2). Section recodified to R17-5-702 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-806 Recodified

History

• Adopted effective June 29, 1990 (Supp. 90-2). Section recodified to R17-5-703 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-807 Recodified

History

• Adopted effective June 29, 1990 (Supp. 90-2). Section recodified to R17-5-704 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-808 Recodified

History

• Adopted effective June 29, 1990 (Supp. 90-2). Section recodified to R17-5-705 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Article 9 RESERVED

Ariz. Admin. Code § R17-4-901 Recodified

History

• Adopted effective March 31, 1978 (Supp. 78-2). Former Section R17-4-59 renumbered without change as Section R17-4-901 (Supp. 87-2). Former Section R17-4-901 repealed, new Section R17-4-901 adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-501 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-902 Recodified

History

• Adopted effective March 31, 1978 (Supp. 78-2). Amended subsections (A), (E) and (F) effective April 4, 1984 (Supp. 84-2). Former Section R17-4-60 renumbered without change as Section R17-4-902 (Supp. 87-2). Former Section R17-4-902 repealed, new Section R17-4-902 adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-502 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-903 Recodified

History

• Adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-503 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-904 Recodified

History

• Adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-504 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-905 Recodified

History

• Adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-505 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-906 Recodified

History

• Adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-506 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-907 Recodified

History

• Adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-507 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-908 Recodified

History

• Adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-508 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-909 Recodified

History

• Adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-509 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-910 Recodified

History

• Adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-513 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-911 Recodified

History

• Adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-511 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-912 Recodified

History

• Adopted effective June 15, 1988 (Supp. 88-2). Section recodified to R17-1-512 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-913 Recodified

History

• Adopted as an emergency effective December 30, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-4). Readopted as an emergency with a correction in subsection (A), paragraph (A) effective March 29, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-1). Adopted without change as a permanent rule effective June 15, 1988 (Supp. 88-2). Amended effective July 13, 1989 (Supp. 89-3). Section recodified to R17-1-510 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3).

Ariz. Admin. Code § R17-4-914 [REPEALED]

History

• Former General Order 68. Former Section R17-4-26 renumbered without change as Section R17-4-914 (Supp. 87-2). Repealed effective July 29, 1992 (Supp. 92-3).

Chapter 5 DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS

Article 2 MOTOR CARRIERS

Ariz. Admin. Code § R17-5-201 Definitions

In addition to the definitions provided under A.R.S. §§ 28-3001 and 28-5201, the following definitions apply to this Article unless otherwise specified:

"Audit" means any inspection of a transporter's motor vehicle, equipment, books, or records to determine compliance with this Article and A.R.S. Title 28, Chapter 14.

"Co-applicant" means an employer or potential employer.

"Danger to public safety" means any condition of a transporter likely to result in serious peril to the public if not discontinued immediately.

"Department" has the same meaning as defined in A.R.S. § 28-101.

"Director" means the Director of the Arizona Department of Transportation or the Director's designated agent.

"Executive Hearing Office" means the Arizona Department of Transportation's Executive Hearing Office.

"Medical waiver evaluation summary" means the form, provided by the Department, to be completed by either a board-qualified or board-certified orthopedic surgeon or physiatrist and mailed to the Department, at the address provided on the form, on behalf of an Arizona intrastate medical waiver applicant.

"Physiatrist" means a doctor of medicine specialized in physical medicine and rehabilitation.

"Transporter" means any person, driver, motor carrier, shipper, manufacturer, or motor vehicle, including any motor vehicle transporting a hazardous material, hazardous substance, or hazardous waste, subject to this Article and A.R.S. Title 28, Chapter 14.

"Violation" means any conduct, act, or failure to act required or prohibited under this Article and A.R.S. Title 28, Chapter 14.

History

• New Section made by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021. Amended by final rulemaking at 31 A.A.R. 1958, effective 6/4/2025.

Ariz. Admin. Code § R17-5-202 Motor Carrier Safety: Incorporation of Federal Regulations; Applicability

A. The Department incorporates by reference 49 CFR 40, 379, 382, 383, 385, 390 (except 390.23, 390.25 and the definitions of "direct assistance" and "emergency" in 390.5 and 390.5T), 391, 392, 393, 395, 396, 397, and 399, revised as of October 1, 2023, and no later amendments or editions, as amended under this Article. The Department incorporates by reference 49 CFR 390.23, 390.25, and the definitions of "direct assistance," "emergency," and "residential heating fuel" in 390.5 and 390.5T as published in 88 FR 70897, October 13, 2023, and no later amendments or editions, as amended under this Article. The incorporated material is on file with the Department at 206 S. 17th Avenue, Phoenix, AZ 85007. The incorporated material is published by National Archives and Records Administration, Office of the Federal Register, 8601 Adelphi Road, College Park, MD 20740-6001, and is printed and distributed by the U.S. Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000. The incorporated material can be viewed online at https://www.govinfo.gov and ordered online by visiting the U.S. Government Bookstore at http://bookstore.gpo.gov.

B. The sections of 49 CFR incorporated under subsection (A) apply as amended under this Article to all intrastate and interstate motor carriers operating in Arizona and persons operating a commercial motor vehicle.

History

• New Section recodified from R17-4-435 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 9 A.A.R. 1867, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking at 10 A.A.R. 2679, effective June 8, 2004 (Supp. 04-2). Amended by final rulemaking at 12 A.A.R. 1559, effective May 2, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 20 A.A.R. 2382, effective 8/5/2014. Amended by final rulemaking at 24 A.A.R. 1549, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021. Amended by final rulemaking at 31 A.A.R. 1958, effective 6/4/2025.

Ariz. Admin. Code § R17-5-203 Motor Carrier Safety: 49 CFR 390 - Federal Motor Carrier Safety Regulations; General

A. 49 CFR 390.3T, General applicability. Paragraph (a)(1) is amended to read:

Regulations incorporated in this subchapter are applicable to all motor carriers operating in Arizona and any vehicle owned or operated by the state, a political subdivision, or a state public authority that is used to transport a hazardous material in an amount requiring the vehicle to be placarded as prescribed under R17-5-209.

B. 49 CFR 390.5T, Definitions. The definitions listed under 49 CFR 390.5T are amended as follows:

"Commercial Motor Vehicle" or "CMV" has the same meaning as defined in A.R.S. § 28-5201.

"Emergency relief" is deleted.

"Shipper" has the same meaning as defined in A.R.S. § 28-5201.

"Special agent" means an officer or agent of the Department, the Arizona Department of Public Safety, or a political subdivision, who is trained and certified by the Arizona Department of Public Safety to enforce Arizona's Motor Carrier Safety requirements.

"State" means a state of the United States or the District of Columbia.

"Tow truck," as used in the definition of emergency under 49 CFR 390.5T, has the same meaning as defined in A.A.C. R13-3-701.

C. 49 CFR 390.19T, Motor carrier, hazardous material safety permit applicant/holder, and intermodal equipment provider identification reports. Paragraph (a)(1) is amended to read:

A U.S.-, Canada-, Mexico-, or non-North America-domiciled motor carrier conducting operations in interstate commerce or in intrastate commerce in a CMV must file a Motor Carrier Identification Report, Form MCS-150.

D. 49 CFR 390.23, Automatic relief from regulations. Paragraph (c) is amended to read:

Local emergencies. Sections 395.3 and 395.5 of this chapter shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by a Federal, State, or local government official having authority to declare an emergency or an emergency situation exists under A.R.S. § 28-5234(B) for the period of such assistance or five days from the date of the initial declaration of emergency, whichever is less. A motor carrier may request the exemption by contacting Commercial Vehicle Enforcement at the Arizona Department of Public Safety, Highway Patrol Division, P.O. Box 6638, Phoenix, AZ 85005. The Arizona Department of Public Safety may grant the exemption with or without restrictions as necessary to provide vital service to the public.

1. Paragraph (a)(2), Local emergencies, is amended by adding:

When a local emergency exists that justifies an exemption from parts 390 through 399 of this chapter, a motor carrier may request the exemption by contacting Commercial Vehicle Enforcement at the Arizona Department of Public Safety, Highway Patrol Division, P.O. Box 6638, Phoenix, AZ 85005. The Arizona Department of Public Safety may grant the exemption with or without restrictions as necessary to provide vital service to the public.

2. Paragraph (a)(2)(i)(A) is amended to read:

An emergency has been declared by a federal, state or local government official having authority to declare an emergency; or an emergency situation exists under A.R.S. § 28-5234(B) ; or

E. 49 CFR 390.25, Extension or modification of relief from regulations - emergencies. Paragraph (a) is amended by adding:

A motor carrier seeking to extend a period of relief from these regulations may request the extension by contacting Commercial Vehicle Enforcement at the Arizona Department of Public Safety, Highway Patrol Division, P.O. Box 6638, Phoenix, AZ 85005.

The Arizona Department of Public Safety may grant the extension with any restrictions it considers necessary to provide vital service to the public.

History

• New Section recodified from R17-4-435.01 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 9 A.A.R. 1867, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking at 11 A.A.R. 862, effective February 1, 2005 (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 1559, effective May 2, 2006 (Supp. 06-2). Amended by final rulemaking at 13 A.A.R. 2636, effective July 10, 2007 (Supp. 07-3). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 20 A.A.R. 2382, effective 8/5/2014. Amended by final rulemaking at 24 A.A.R. 1549, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021. Amended by final rulemaking at 31 A.A.R. 1958, effective 6/4/2025.

Ariz. Admin. Code § R17-5-204 Motor Carrier Safety: 49 CFR 391 - Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors

A. 49 CFR 391.11, General qualifications of drivers. Paragraph (b)(1) is amended to read:

Is at least 21 years of age for interstate operation or is at least 18 years of age for operations restricted to intrastate transportation not involving the transportation of a reportable quantity of hazardous substance, hazardous waste required to be manifested, or hazardous material in an amount requiring a vehicle to be placarded as prescribed under R17-5-209;

B. 49 CFR 391.51, General requirements for driver qualification files. Paragraph (b)(7) is amended to read:

A Skill Performance Evaluation Certificate issued by FMCSA in accordance with § 391.49; or the Medical Exemption document, issued by a Federal medical program in accordance with part 381 of this chapter; or a copy of the Arizona intrastate medical waiver, if a waiver is granted by the Director as prescribed under R17-5-208.

History

• New Section recodified from R17-4-435.02 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 20 A.A.R. 2382, effective 8/5/2014. Amended by final rulemaking at 31 A.A.R. 1958, effective 6/4/2025.

Ariz. Admin. Code § R17-5-205 Motor Carrier Safety: 49 CFR 383 - Commercial Driver's License Standards; Requirements and Penalties

A. 49 CFR 383.5, Definitions. The definitions listed under 49 CFR 383.5 are amended as follows: "Commercial motor vehicle" or "CMV" has the same meaning as defined in A.R.S. § 28-3001.

"Conviction" has the same meaning as defined in A.R.S. § 28-3001.

"Disqualification" has the same meaning as defined in A.R.S. § 28-3001.

"Motor vehicle" has the same meaning as defined in A.R.S. § 28-101.

"Out-of-service order" has the same meaning as defined in A.R.S. § 28-5241.

"School bus" has the same meaning as defined in A.R.S. § 28-101.

"Tank vehicle" has the same meaning as defined in A.R.S. § 28-3103.

B. 49 CFR 383.71, Driver application and certification procedures. Paragraphs (b)(1)(ii), Excepted interstate, and (b)(1)(iv), Excepted intrastate, are deleted.

C. 49 CFR 383.73, State procedures.

1. Paragraph (c)(4) is amended to read:

If such applicant wishes to retain a hazardous materials endorsement, require compliance with standards for such endorsement specified in §§ 383.71(b)(8) and 383.141 and ensure that the driver has successfully completed a new test for such endorsement specified in § 383.121.

2. Paragraphs (c)(4)(i) and (c)(4)(ii) are deleted.

3. Paragraph (f)(2)(ii) is amended to read:

The state must add the word "non-domiciled" to the face of the CLP or CDL, in accordance with § 383.153(c) or "limited-term" to the face of the CLP or CDL, in accordance with 6 CFR 37.21; and

D. 49 CFR 383.75, Third party testing. Paragraph (a)(8)(v) is amended to read:

Require the third party tester to initiate and maintain a surety bond in an amount pursuant to A.R.S. Title 28, Chapter 13 to be sufficient to pay for re-testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of applicants for a CDL. Exception: A third party tester that is a government entity is not required to maintain a surety bond. A provider exempted under A.R.S. Title 28, Chapter 13, is responsible for all costs associated with all retesting of applicants due to examination fraud as determined by the Department.

E. 49 CFR 383.153, Information on the CLP and CDL documents and applications. The introductory sentence in paragraph (e) is amended to read:

Before a CLP or CDL may be issued:

History

• New Section recodified from R17-4-435.03 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3). Section repealed by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). New Section made by final rulemaking at 20 A.A.R. 2382, effective 8/5/2014. Amended by final rulemaking at 24 A.A.R. 1549, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021. Amended by final rulemaking at 31 A.A.R. 1958, effective 6/4/2025.

Ariz. Admin. Code § R17-5-206 Motor Carrier Safety: 49 CFR 392 - Driving of Commercial Motor Vehicles

A. 49 CFR 392.5, Alcohol prohibition. Paragraph (e) is amended by adding:

Drivers who violate the terms of an out-of-service order as prescribed under this section are also subject to the provisions and sanctions of A.R.S. § 28-5241.

B. 49 CFR 392.9b, Prohibited transportation.

1. Paragraph (a) is amended to read:

Safety registration required. A commercial motor vehicle providing transportation in interstate commerce or in intrastate commerce must not be operated without a safety registration and an active USDOT Number.

2. Paragraph (b), Penalties, is amended to read:

Penalties. If it is determined that the motor carrier responsible for the operation of such a vehicle is operating in violation of paragraph (a) of this section, it may be subject to penalties in accordance with 49 U.S.C. 521 and A.R.S. § § 28-5240 and 285241.

History

• New Section recodified from R17-4-435.04 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 9 A.A.R. 1867, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 24 A.A.R. 1549, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021. Amended by final rulemaking at 31 A.A.R. 1958, effective 6/4/2025.

Ariz. Admin. Code § R17-5-207 Civil Penalties

To determine the amount of civil penalty for repeat findings of responsibility for the same class of violations involving vehicles required to be placarded, the higher level of civil penalty as prescribed under A.R.S. § 28-5238 applies.

History

• New Section recodified from R17-4-435.05 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3).

Ariz. Admin. Code § R17-5-208 Commercial Driver License Intrastate Medical Waiver; Intrastate Alternative Physical Qualification Standards for the Loss or Impairment of Limbs

A. A person who is not physically qualified to drive a commercial motor vehicle in intrastate commerce due to loss of limb or limb impairment, as provided under 49 CFR 391.41(b)(1) or (b)(2), but otherwise meets all other requirements under 49 CFR 391.41, may operate a commercial motor vehicle in intrastate commerce if granted an intrastate medical waiver by the Director. Application for an intrastate medical waiver shall be submitted according to subsection (B).

B. A driver applicant, or a driver applicant jointly with the motor carrier co-applicant that will employ the driver applicant, shall complete and submit the applicable intrastate medical waiver application to the Department's Medical Review Program, P.O. Box 2100, Mail Drop 818Z, Phoenix, AZ 85001-2100, with the following information as applicable:

1. Identify the applicant:

a. Name and complete address of the driver applicant;

b. Name and complete address of the motor carrier co-applicant;

c. U.S. Department of Transportation motor carrier identification number, if known; and

d. A description of the driver applicant's limb impairment as applicable to the type of waiver being requested;

2. Describe the type of operation the driver applicant will be employed to perform, including the following information (if known):

a. Average period of time the driver will be driving or on duty, per day;

b. Type of commodities or cargo to be transported;

c. Type of driver operation (i.e., sleeper team, relay, owner operator, etc.); and

d. Number of years experience operating each type of commercial motor vehicle requested in the intrastate medical waiver application and total years of experience operating all types of commercial motor vehicles;

Describe the commercial motor vehicles the driver applicant intends to drive:

a. Truck, truck tractor, or bus make, model, and year (if known);

b. Drive train:

i. Transmission type (automatic or manual - if manual, designate number of forward speeds);

ii. Auxiliary transmission (if any) and number of forward speeds; and

iii. Rear axle (designate single speed, two-speed, or three-speed);

c. Type of brake system;

d. Steering, manual or power assisted;

e. Description of types of trailers (i.e., van, flatbed, cargo tank, drop frame, lowboy, or pole);

f. Number of semitrailers or full trailers to be towed at one time;

g. For commercial motor vehicles designed to transport passengers, indicate the seating capacity of the commercial motor vehicle; and

h. Description of any modifications made to the commercial motor vehicle for the driver applicant, attach photographs where applicable;

4. Include a certification statement:

a. The driver applicant shall certify that the driver applicant is otherwise qualified to drive a commercial motor vehicle under the regulations of 49 CFR 391 as adopted by the Department; and

b. In case of a co-applicant, the co-applicant motor carrier shall certify that the driver applicant is otherwise qualified to drive a commercial motor vehicle under the regulations of 49 CFR 391 as adopted by the Department; and

5. Contain signature of each applicant and date signed:

a. The driver applicant's signature; and

b. The motor carrier official's signature and title if the application has a co-applicant. Depending on the motor carrier's organizational structure (corporation, partnership, or proprietorship), the signer of the application shall be an officer, partner, or the proprietor.

C. The completed intrastate medical waiver application for a driver applicant not physically qualified to drive under 49 CFR 391.41(b)(1) or (b)(2) shall be accompanied by:

1. A copy of the medical examination report form, MCSA-5875, and medical examiner's certificate, form MCSA-5876, completed pursuant to 49 CFR 391.43;

2. The Department's medical waiver evaluation summary completed by either a board-qualified or board-certified physiatrist or orthopedic surgeon. The co-applicant motor carrier or the driver applicant shall provide the physiatrist or orthopedic surgeon with a description of the job-related tasks the driver applicant will be required to perform:

a. The medical waiver evaluation summary for a driver applicant not physically qualified to drive under 49 CFR 391.41(b)(1) shall include:

i. An assessment of the functional capabilities of the driver as they relate to the ability of the driver to perform normal tasks associated with operating a commercial motor vehicle; and

ii. A statement by a board-qualified or board-certified physiatrist or orthopedic surgeon that the applicant is capable of demonstrating precision prehension (e.g., manipulating knobs and switches) and power grasp prehension (e.g., holding and maneuvering the steering wheel) with each upper limb separately;

b. The medical waiver evaluation summary for a driver applicant not physically qualified to drive under 49 CFR 391.41(b)(2) shall include:

i. An explanation as to how and why the impairment interferes with the ability of the applicant to perform normal tasks associated with operating a commercial motor vehicle;

ii. An assessment and medical opinion of whether the condition will likely remain medically stable over the lifetime of the driver applicant; and

iii. A statement by a board-qualified or board-certified physiatrist or orthopedic surgeon that the applicant is capable of demonstrating precision prehension (e.g., manipulating knobs and switches) and power grasp prehension (e.g., holding and maneuvering the steering wheel) with each upper limb separately;

3. A description of the driver applicant's prosthetic or orthotic device worn, if any; and

4. A copy of the driver applicant's state motor vehicle driving record for the past three years from each state in which a motor vehicle driver license or permit has been obtained.

D. The completed intrastate medical waiver application for a driver applicant not physically qualified to drive under 49 CFR 391.41(b)(10) shall be accompanied by:

1. A copy of the medical examination report and medical examiner's certificate completed pursuant to 49 CFR 391.43 ;

2. A current vision examination report issued within the last 90 days from the date the report is received by the Department, completed by an ophthalmologist or optometrist. The report shall indicate that the applicant has distant visual acuity of at least 20/40 (Snellen), with or without a corrective lens, in one eye, and the applicant's dominant eye has a visual field of at least 70° peripheral measurement in one direction and 35° in the opposite direction of the horizontal meridian and the ability to distinguish the colors of a traffic signal or device showing standard red, green, and amber, as applicable to the type of medical waiver being requested;

3. A copy of the driver applicant's state motor vehicle driving record for the past three years from each state in which a motor vehicle driver license or permit has been obtained; and

4. A statement from the employer that the driver applicant has driven the type of vehicle for which the waiver is being requested for at least two of the previous five years.

E. D. Agreement. A motor carrier that employs a driver subject to an intrastate medical waiver granted by the Director under subsection (A), whether the waiver was granted unilaterally to the driver, or to the driver and co-applicant motor carrier, shall agree to:

1. Report to the Department's Medical Review Program, P.O. Box 2100, Mail Drop 818Z, Phoenix, AZ 85001-2100, in writing, any suspension, revocation, disqualification, or withdrawal of the subject driver's driver license or permit, and any accident, arrest, or conviction involving the driver within 30 days after the occurrence;

2. Provide to the Department's Medical Review Program, on request, any documents and information pertaining to the driving activities, accidents, arrests, convictions, and driver license or permit suspensions, revocations, disqualifications, or withdrawals involving the subject driver;

3. Evaluate the subject driver with a road test using the trailer types the motor carrier intends the driver to transport, or alternatively accept a certificate of a trailer road test from another motor carrier if the trailer types are similar, or accept the trailer road test completed during the skill performance evaluation if trailer types are similar to that of the prospective motor carrier;

4. Evaluate the subject driver for those non-driving safety related job tasks associated with each type of trailer that will be used and any other non-driving safety related or job related tasks unique to the operations of the employing motor carrier; and

5. Use the subject driver to operate the type of commercial motor vehicle indicated on the intrastate medical waiver only when the driver is in compliance with the conditions and limitations of the waiver.

F. E. A driver subject to an intrastate medical waiver, issued by the Director under subsection (A), shall supply each employing motor carrier with a copy of the intrastate medical waiver.

G. F. The Department may require the driver applicant to demonstrate the driver applicant's ability to safely operate the commercial motor vehicle the driver intends to drive.

H. G. If required by the Department during the application process, a driver applicant shall have a skill performance evaluation performed by a federally-certified state commercial driver license examiner at a Department commercial driver license facility when directed.

I. H. If the Director grants an intrastate medical waiver under subsection (A) to the driver applicant, the Department shall mail to the driver applicant and co-applicant motor carrier (if applicable) written approval of the intrastate medical waiver describing the terms, conditions, and limitations of the waiver.

J. I. The intrastate medical waiver granted by the Director under subsection (A) shall identify:

1. The power unit (bus, truck, truck tractor) for which the waiver is granted; and

2. The trailer type used in the skill performance evaluation, if applicable, without limiting the waiver to that specific trailer type.

K. J. A subject driver may use the intrastate medical waiver with other trailer types if the driver successfully completes:

1. A trailer road test administered by the motor carrier under subsection (D)(3) for each type of trailer, and

2. A non-driving safety related or job related task evaluation administered by the motor carrier under subsection (D)(4).

L. K. The intrastate medical waiver granted by the Director under subsection (A) is:

1. Valid for a period of not more than two years from the date of issuance;

Renewable 30 days prior to the expiration date; and

3. Transferable from an original motor carrier co-applicant employer to a new motor carrier employer or to the subject driver, as a unilateral applicant if becoming self-employed, upon written notification to the Department's Medical Review Program, P.O. Box 2100, Mail Drop 818Z, Phoenix, AZ 85001-2100, stating the new employer's name and the type of equipment to be driven.

M. An intrastate medical waiver granted by the Director under subsection (A) to a driver applicant for monocular vision under subsection (D), shall prohibit the subject driver from transporting:

1. Passengers for hire; and

2. Reportable quantities of hazardous substances, manifested hazardous wastes, and hazardous material required to be placarded.

N. L. A driver subject to an intrastate medical waiver, issued by the Director under subsection (A), shall have the intrastate medical waiver (or a legible copy) in the subject driver's possession while on duty.

O. M. The motor carrier employing a subject driver shall maintain a copy of the intrastate medical waiver in its driver qualification file and retain the copy in the motor carrier's file for a period of three years after the driver's employment is terminated.

P. A driver subject to an intrastate medical waiver, issued by the Director under subsection (A) to an applicant for monocular vision under subsection (D), must be physically examined every year and shall submit the following to the Department's Medical Review Program, P.O. Box 2100, Mail Drop 818Z, Phoenix, AZ 85001-2100:

1. A vision examination report issued within the last 90 days from the date the report is received by the Department, as prescribed under subsection (D)(2); and

2. A current medical examination report and medical examiner's certificate completed pursuant to 49 CFR 391.43 within the past year.

Q. N. A driver subject to an intrastate medical waiver, or a driver subject to an intrastate medical waiver jointly with a motor carrier co-applicant, may renew an intrastate medical waiver by submitting to the Department's Medical Review Program, P.O. Box 2100, Mail Drop 818Z, Phoenix, AZ 85001-2100, a new intrastate medical waiver application. The intrastate medical waiver application shall contain the following:

Name and complete address of the motor carrier currently employing the applicant;

2. Name and complete address of the subject driver;

Total miles driven under the current intrastate medical waiver;

4. Number of accidents incurred while driving under the current intrastate medical waiver, including the date of each accident, number of fatalities, number of injuries, and the estimated dollar amount of any property damage;

5. A current medical examination report and medical examiner's certificate completed pursuant to 49 CFR 391.43;

A current medical examination or evaluation as applicable to the medical condition:

a. A current medical waiver evaluation summary, as prescribed under subsection (C)(2);

b. A current vision examination report, as prescribed under subsection (D)(2), for a driver with monocular vision;

7. A copy of the subject driver's current state motor vehicle driving record for the period of time the current intrastate medical waiver has been in effect;

8. Notification of any change in the type of tractor the driver will operate;

9. Subject driver's signature and date signed; and

10. Motor carrier co-applicant's signature and date signed (if applicable).

R. O. The Director may deny an application for the intrastate medical waiver or may grant the waiver in whole or in part and issue the waiver subject to such terms, conditions, and limitations as the Director deems consistent with the public interest.

S. P. The Director may revoke an intrastate medical waiver after providing the driver subject to an intrastate medical waiver written notice of the proposed revocation and a reasonable opportunity to request a hearing pursuant to the procedure prescribed under 17 A.A.C. 1, Article 5. The Director may revoke an intrastate medical waiver if the:

1. Driver subject to an intrastate medical waiver, or co-applicant (if applicable), or both provided false information in the application,

2. Driver subject to an intrastate medical waiver, or co-applicant (if applicable), or both failed to comply with the terms and conditions of the intrastate medical waiver, or

3. Issuance of the intrastate medical waiver resulted in a lower level of safety than before the waiver was granted.

T. Q. If the enforcement of any provision of this Section would result in the loss or disqualification of federal funding for any state agency or program, that provision is invalid.

History

• New Section recodified from R17-4-435.06 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Section repealed; new Section made by final rulemaking at 14 A.A.R. 3797, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 20 A.A.R. 2382, effective 8/5/2014. Amended by final rulemaking at 24 A.A.R. 1549, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021. Amended by final rulemaking at 31 A.A.R. 1958, effective 6/4/2025.

Ariz. Admin. Code § R17-5-209 Hazardous Materials Transportation: Incorporation of Federal Regulations; Applicability

A. Incorporation of federal regulations.

1. As relevant to the transportation of hazardous materials by highway, the Department incorporates by reference, as amended under this Section, the following Parts of the Federal Hazardous Materials Regulations; revised as of October 1, 2023, and no later amendments or editions, as 49 CFR - Transportation, Subtitle B - Other Regulations Relating to Transportation, Chapter I - Pipeline and Hazardous Materials Safety Administration, Department of Transportation:

a. Subchapter A - Hazardous Materials and Oil Transportation; Part 107 - Hazardous materials program procedures; and

b. Subchapter C - Hazardous Materials Regulations; Parts:

i. 171 - General information, regulations, and definitions;

ii. 172 - Hazardous materials table, special provisions, hazardous materials communications, emergency response information, training requirements, and security plans;

iii. 173 - Shippers

• general requirements for shipments and packagings;

iv. 177 - Carriage by public highway;

v. 178 - Specifications for packagings; and

vi. 180 - Continuing qualification and maintenance of packagings.

2. The material incorporated by reference under this subsection is on file with the Department at 206 S. 17th Avenue, Phoenix, AZ 85007. The incorporated material is published by National Archives and Records Administration, Office of the Federal Register, 8601 Adelphi Road, College Park, MD 20740-6001, and is printed and distributed by the U.S. Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000. The incorporated material can be viewed online at https://www.govinfo.gov and ordered online by visiting the U.S. Government Bookstore at http://bookstore.gpo.gov.

B. Application and exceptions.

1. Application.

a. Regulations incorporated under subsection (A) apply as amended by subsection (C) to motor carriers, shippers, and manufacturers as defined in A.R.S. § 28-5201.

b. Regulations incorporated under subsection (A) also apply to any vehicle owned or operated by the state, a political subdivision, or a state public authority, used to transport a hazardous material, including hazardous substances and hazardous waste.

2. Exceptions. An authorized emergency vehicle, as defined in A.R.S. § 28-101, is excepted from the provisions of this Section.

C. Amendments. The following sections of the Federal Hazardous Materials Regulations, incorporated under subsection (A), are amended as follows:

1. Part 171, General information, regulations, and definitions. Section 171.8, Definitions and abbreviations. Section 171.8 is amended by revising the definitions for "carrier," "hazmat employer," and "person," and adding a definition for "highway" as follows:

"Carrier" means a person engaged in the transportation of passengers or property by highway as a common, contract, or private carrier and also includes the state, a political subdivision, and a state public authority engaged in the transportation of hazardous material.

"Hazmat employer" means a person who uses one or more employees in connection with: transporting hazardous material; causing hazardous material to be transported or shipped; or representing, marking, certifying, selling, offering, reconditioning, testing, repairing, or modifying containers, drums, or packagings as qualified for use in the transportation of hazardous material. This term includes motor carriers, shippers, and manufacturers defined in A.R.S. § 28-5201 and includes the state, political subdivisions, and state public authorities.

"Highway" means a public highway as defined in A.R.S. § 28-5201.

"Person" has the same meaning as defined in A.R.S. § 28-5201.

2. Part 172, Hazardous materials table, special provisions, hazardous materials communications, emergency response information, training requirements, and security plans. Section 172.3, Applicability. Paragraph (a)(2) is amended to read: "Each motor carrier that transports hazardous materials, and each state agency, political subdivision, and state public authority that transports hazardous material by highway."

3. Part 177, Carriage by public highway.

a. Section 177.800, Purpose and scope of this part and responsibility for compliance and training. In paragraph (a), the phrase "by private, common, or contract carriers by motor vehicle" is amended to read, "by a motor carrier operating in Arizona, a state agency, a political subdivision, or a state public authority that transports hazardous material by highway."

b. Section 177.802, Inspection. Section 177.802 is amended to read: "Records, equipment, packagings, and containers under the control of a motor carrier or other persons subject to this part, affecting safety in transportation of hazardous material by motor vehicle, must be made available for examination and inspection by an authorized representative of the Department as prescribed under A.R.S. §§ 28-5204 and 28-5231."

History

• New Section recodified from R17-4-436 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 9 A.A.R. 1867, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking at 13 A.A.R. 1262, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 20 A.A.R. 2382, effective 8/5/2014. Amended by final rulemaking at 24 A.A.R. 1549, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021. Amended by final rulemaking at 31 A.A.R. 1958, effective 6/4/2025.

Ariz. Admin. Code § R17-5-210 Motor Carrier Safety: Public Service Corporation, Political Subdivision of this State that is Engaged in Rendering Public Utility Service, or Railroad Contacting State Officials in an Emergency

A. A public service corporation, a political subdivision of this state that is engaged in rendering public utility service, or a railroad shall notify Commercial Vehicle Enforcement in writing, through the Arizona Department of Public Safety Duty Office, that an emergency situation under A.R.S. § 28-5234(B) exists. Notification shall be sent by email to doffice@azdps.gov immediately, but in no case longer than three hours from the time the public service corporation, political subdivision of this state that is engaged in rendering public utility service, or railroad determines that the emergency situation exists. The information to be provided in writing includes:

1. Date of the emergency situation,

2. Time that the emergency situation started,

3. Description of the emergency situation,

4. Location of the emergency situation,

Projected duration of the emergency situation,

6. Authorized party's signature for determining that an emergency situation exists,

7. 6. Name and contact number of responsible party in the field, and

8. 7. The utility's self-generated Emergency ID or tracking number.

B. A public service corporation, a political subdivision of this state that is engaged in rendering public utility service, or a railroad shall maintain supporting documentation for no less than three years from the date of an emergency situation and shall make the supporting documentation available to a special agent upon request. Supporting documentation includes:

1. A list of drivers involved in the emergency situation;

2. The duration of the emergency situation;

3. The off-duty time provided for the affected drivers after the emergency situation concluded; and

4. Any United States Department of Transportation recordable accidents, as defined in 49 CFR 390.5T, which occurred during the emergency situation.

C. After an emergency situation terminates and a driver returns to the principal place of business, the driver shall not drive a commercial motor vehicle unless the driver remains off duty under 49 CFR 395.

History

• New Section recodified from R17-4-438 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4259, effective September 13, 2001 (Supp. 01-3). Section repealed by final rulemaking at 8 A.A.R. 3249, effective July 10, 2002 (Supp. 02-3). New Section made by final rulemaking at 11 A.A.R. 862, effective February 1, 2005 (Supp. 05-1). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021.

Ariz. Admin. Code § R17-5-211 Motor Carrier Safety: Inspection, Enforcement, and Sanction

A. Scope. This Section applies to any transporter subject to:

R17-5-201 through R17-5-209 ; and

2. A.R.S. Title 28, Chapter 14.

B. Audits.

1. The Department may conduct an audit for cause or without cause.

2. The Department may enter the premises of any transporter for the purpose of conducting an audit.

3. The Department may inspect a motor vehicle:

a. Within Arizona at:

i. A transporter's place of business, or

ii. Any other in-state location, or

b. Outside Arizona at a transporter's place of business.

4. A transporter shall make records available for audit:

a. During the transporter's normal business hours, and

b. In a specific location as follows:

i. The transporter's Arizona place of business, or

ii. Either an Arizona location designated by the Director or the transporter's out-of-state place of business.

5. The Department shall charge a transporter in advance for all expenses to be incurred in performance of an out-of-state audit.

C. Violation notification. Within five days after audit completion, the Department shall notify an audited transporter in writing of all violations. The notification shall specify a deadline date for remedy of all violations.

D. Obligation to remedy violations. After receipt of a violation notification, a transporter shall remedy all violations by the specified date to comply with:

R17-5-201 through R17-5-209 ; and

2. A.R.S. Title 28, Chapter 14.

E. Noncompliance: Failure to remedy violations. If the Department determines a transporter does not remedy a violation by the date specified in a violation notice, the Department shall initiate further enforcement action as prescribed under A.R.S. §§ 28-5237 and 285238.

F. Danger to public safety. If the Director determines a written violation report establishes probable cause of danger to public safety, the Director shall issue an order by 5:00 p.m. the next business day suspending the Arizona registration of the motor vehicle owned or leased by the transporter, or a driver's Arizona driver license or nonresident driving privilege.

History

• New Section recodified from R17-4-439 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4259, effective September 13, 2001 (Supp. 01-3). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 20 A.A.R. 2382, effective 8/5/2014. Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021.

Ariz. Admin. Code § R17-5-212 Motor Carrier Safety: Hearing Procedure

A. Scope.

1. This Section applies only to a motor carrier enforcement action under:

a. R17-5-201 through R17-5-209; and

b. A.R.S. Title 28, Chapter 14.

2. In an enforcement hearing involving a manufacturer, motor carrier, shipper, or driver under this Section, the Department shall follow the procedures prescribed under 17 A.A.C. 1, Article 5, except as modified under subsections (B) and (C).

B. Initiation of proceedings; service.

1. The Director shall initiate a hearing under this Section by:

a. Preparing a complaint in the form prescribed under subsection (C) alleging the specific violations of a manufacturer, motor carrier, shipper, or driver; and

b. Serving, by mail, the complaint on the violator, and submitting a copy of the complaint to the Executive Hearing Office, along with a certificate of service indicating the date of service.

2. The date of service is the date of mailing.

C. Complaint; order to show cause.

1. The complaint shall contain the following:

a. The designation of the parties to the action, with the Department as the petitioner, and the violator as the respondent;

b. The respondent's name and the basis of fact for the complaint, including a listing of all alleged violations of statute or rule;

c. The relief sought by the Department;

d. The signature of the Director or their designee; and

d.e. A copy of the written violation notice issued by a law enforcement agency to the respondent, if applicable.

2. Upon receipt of a copy of a complaint in compliance with subsections (B) and (C)(1), the Executive Hearing Office shall issue an order to show cause for the parties to appear at an administrative hearing to allow the respondent to present evidence and give testimony as to why the requested relief should not be granted.

3. The Executive Hearing Office shall hold a hearing under this Section within the time-frame required by statute.

4. The parties may resolve a complaint before the hearing date.

a. The parties shall file notice of settlement with the Executive Hearing Office, which will issue an order dismissing the pending action.

b. Complaint settlement terminates the right of both petitioner and respondent to receive additional administrative review.

History

• New Section recodified from R17-4-440 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 4230, effective November 15, 2002 (Supp. 02-3). Amended by final rulemaking at 17 A.A.R. 1691, effective August 2, 2011 (Supp. 11-3). Amended by final rulemaking at 24 A.A.R. 1549, effective 5/1/2018. Amended by final rulemaking at 27 A.A.R. 2734, effective 11/2/2021. Amended by final rulemaking at 31 A.A.R. 1958, effective 6/4/2025.

Article 3 PROFESSIONAL DRIVER SERVICES

Ariz. Admin. Code § R17-5-301 Definitions

In addition to the definitions under A.R.S. §§ 28-101 and 32-2351, the following definitions apply to this Article, unless otherwise specified: "Activity" means a function or service that is provided by a licensed professional driver training school pursuant to A.R.S. Title 32, Chapter 23 or licensed traffic survival school pursuant to A.R.S. Title 28, Chapter 8, Article 7.1 and that is performed by a professional driver training school instructor or traffic survival school qualified instructor as defined in this Article.

"Applicant" means an individual or school, including principals, requesting in the manner set forth in this Article the issuance or renewal of a license or to become a qualified instructor under A.R.S. Title 28, Chapter 8, Article 7.1 or Title 32, Chapter 23 and this Article.

"Application date" means the date the Department or private entity receives a signed application from an applicant.

"Audit" means a review of the operations, facilities, equipment, and records of a licensee under this Article, which is performed by the Department or private entity under A.R.S. § 28-3411 or 32-2352 to assess and ensure compliance with all applicable federal and state laws and rules.

"Branch" means a licensed professional driver training school's or licensed traffic survival school's business location that is an additional established place of business, but not the school's principal place of business.

"Business day" means a day other than a Saturday, Sunday, or legal state holiday.

"Business manager" means an owner or employee of a licensed school who has primary and sufficient oversight, supervision, and responsibility for all operations necessary to ensure full compliance with all applicable federal or state laws, rules, and school guidelines.

"Certificate of completion" means an electronic or paper document that is approved by the Department or private entity and that is issued by a traffic survival school or high school qualified instructor to a student who has demonstrated successful completion of a training or educational session or both conducted under this Article.

"Character and reputation" means a person:

Has not been convicted of a class 1 or 2 felony by a court of competent jurisdiction,

Has not within five years of application date been convicted of any other felony or misdemeanor offense having a reasonable relationship to the functions of the activity or the employment or category for which the qualification is sought, and

Has not within 12 months of application date had an application or an examination required for license or qualification under this Chapter denied or revoked due to fraud or misrepresentation.

"Commercial driver license motor vehicle record" has the same meaning as a CDLIS motor vehicle record as defined in 49 CFR 384.105.

"Department-approved inventory" means educational media and related items or other resources provided and approved by the Department or private entity that are deemed necessary or useful for traffic survival school instruction, which includes curriculum, computer disks or drives, classroom training materials, instructor workbooks, instructor training manuals, or other materials, whether stored in paper or electronic formats.

"Established place of business" means a licensed professional driver training school's or licensed traffic survival school's business location that is:

Approved by the Department,

Located in Arizona,

Not used as a residence, and

Where the licensed school performs licensed activities.

Has not been convicted of a class 1 or 2 felony by a court of competent jurisdiction;

Has not within five years of application date been convicted of any other felony or misdemeanor offense having a reasonable relationship to the functions of the activity or the employment or category for which the qualification is sought;

Has not within five years of application committed any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence or incompetence if the act has a reasonable relationship to the person's proposed area of license or qualification;

Has not within 12 months engaged in fraud or misrepresentation in connection with an application or an examination required for license or qualification under this Chapter;

"Good standing" means an applicant:

Has not had a similar business license, qualification, or approval suspended, revoked, canceled, or denied within the previous three years of the application date;

Does not have any pending corrective action, as defined under R17-5-323, relating to a Department-issued business license, qualification, or approval;

Has not had a fingerprint clearance card required for licensure under this Article suspended, revoked, or canceled;

Does not owe delinquent fees, taxes, or unpaid balances to the Department or private entity;

Has not had any substantiated derogatory information relevant to the requested license reported to the Department about the applicant from any state agency contacted by the Department; or

Has not been dismissed, or resigned in lieu of dismissal, from a position for cause following allegations of misconduct having a reasonable relationship to the person's proposed area of licensure or qualification, if the applicant is a former Department employee or a former principal or employee of a licensed professional driver training school or licensed traffic survival school.

"Immediate family member" has the same meaning as prescribed in A.R.S. § 28-2401.

"Inactivation" or "inactive" means a temporary or permanent status, assigned by the Department to a school previously licensed under this Article, which prohibits the school from further engaging in the previously licensed activity after the occurrence of any of the following actions:

Cancellation of license, as defined in R17-5-323 ;

Suspension of license, as defined in R17-5-323 ;

Revocation of license, as defined in R17-5-323 ;

Non-renewal of license; or

Relinquishment of license.

"Licensee" means a school licensed by the Department or private entity under A.R.S. § 28-341 or 32-2371 and this Article, to perform a licensed activity.

"Principal" means any of the following:

If a sole proprietorship, the sole proprietor;

If a partnership, limited partnership, limited liability partnership, limited liability company or corporation, the:

Partner;

Manager;

Member;

Officer;

Director;

Agent; or

If a limited liability company or corporation, each stockholder owning 20 percent or more of the limited liability company or corporation; or

If a political subdivision or government agency, the political subdivision or agency head.

"Principal place of business" means a licensed professional driver training school's or licensed traffic survival school's administrative headquarters, which shall not be used as a residence.

"Private entity" means an entity that contracts with the Department under A.R.S. § 28-3411 or 32-2352.

"Professional driver training school instructor " means an individual meeting the qualifications under R17-5-303 who can present specific training and educational curriculum to professional driver training school students as provided under this Article.

"Satisfactory driver record" means an applicant has not had within the past 39 months:

A conviction for driving under the influence, reckless or aggressive driving, racing on a highway, or leaving the scene of an accident;

A driver license previously canceled, suspended, revoked, or disqualified for any reason except for failing to meet or maintain the commercial driver license physical qualifications under 49 CFR 391.41 and A.A.C. R17-4-508; and More than three previous assignments to attend traffic survival school and no pending assignment.

"Temporary professional driver training school instructor license" means the preliminary license issued to an instructor applicant by the Director or private entity under A.R.S. § 32-2372, which authorizes the applicant to perform school activities under this Article.

"Traffic survival school qualified instructor" means an individual deemed qualified by the Department or private entity under this Article to conduct instruction of an education session on behalf of a licensed traffic survival school.

History

• Amended by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-302 Professional Driver Training School and Traffic Survival School Licensing; Eligibility and Application Requirements

A. An applicant for a professional driver training school or traffic survival school license, issued by the Department or private entity under A.R.S. § 28-3411 or 32-2371 and this Section, shall meet all applicable licensing requirements under state law and this Article when applying for an original or renewal license.

B. An applicant for a professional driver training school or traffic survival school license shall complete and submit to the Department or private entity an application packet that contains all of the following:

1. An application, completed on a form approved by the Department;

Certification that each classroom used for the instruction of students is maintained in compliance with all applicable fire codes and local zoning ordinances;

3. Certification that each classroom used for the instruction of students meets the accessibility requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), as amended;

4. A copy of the following documents relating to the applicant's business if the applicant is a:

a. Corporation:

i. A copy of the articles of incorporation, including any amendments filed with the Arizona Corporation Commission; and

ii. Any other official documents, including copies of board meeting minutes and annual reports that reflect the most recent change to the corporate name, structure, or officers;

b. Limited liability company:

i. A copy of the articles of organization, including any amendments filed with the Arizona Corporation Commission; or

ii. A copy of the application for registration as a foreign limited liability company filed with the Arizona Corporation Commission and a copy of the certificate of registration issued by the Arizona Corporation Commission to a foreign limited liability company;

c. Limited partnership or a limited liability partnership:

i. A copy of a valid certificate of existence issued by the Arizona Office of the Secretary of State;

ii. A copy, stamped "filed" by the Arizona Office of the Secretary of State, of a certificate of limited partnership, certificate of foreign limited partnership, limited liability partnership form, foreign limited liability partnership form, or statement of qualification for conversion of limited partnership or limited liability partnership; or

iii. A copy of a valid trade name certificate issued by the Arizona Office of the Secretary of State; or

d. Sole proprietor:

i. A copy of a valid certificate of existence issued by the Arizona Office of the Secretary of State, or

ii. A copy of a valid trade name certificate issued by the Arizona Office of the Secretary of State;

5. The name and Arizona address of the school's statutory agent, as designated in the articles of incorporation, if the applicant is a corporation;

6. Documentation prescribed under A.R.S. § 41-1080 indicating that each applicant's presence in the United States is authorized under federal law if the applicant is an individual, a sole proprietor, or part of a general partnership;

7. Payment of the license fees prescribed under A.R.S. § 28-3415 or 32-2374 for each activity requested; and

8. A form, approved by the Department, completed for each branch license, if applicable, and accompanied by payment of any applicable branch license fees prescribed under A.R.S. § 28-3415 or 32-2374.

C. An applicant shall not use the following in any part of its school name, which is subject to approval by the Department or private entity:

1. The terms "Arizona Department of Transportation," "Department of Transportation," "Motor Vehicle Division," "Motor Vehicle Department," "Division of Motor Vehicles," or "Department of Motor Vehicles;" or

2. The acronyms "ADOT," "DOT," "MVD," or "DMV."

D. Professional driver training school applicants must provide the following additional documents with the school's application packet:

1. A copy of the school's complete curriculum, including a sample of all written examinations and answer keys, unless the curriculum is provided by the Department or private entity;

2. Verification of liability insurance coverage reflecting at least the minimum amount prescribed under A.R.S. § 32-2393 for each motor vehicle used to provide instruction; and

Diagrams detailing a minimum of three separate behind-the-wheel final evaluation routes with a written narrative indicating all required maneuvers, if the applicant will be providing behind-the-wheel driver training.

History

• New Section recodified from R17-4-512 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-303 Professional Driver Training School Instructor Qualifications and Requirements

A. A professional driver training school instructor shall:

1. Work for a professional driver training school licensed by the Department or private entity under A.R.S. § 32-2371 and R17-5-302,

2. Possess a valid Arizona commercial driver license with applicable endorsements representative of the vehicle to be used in training,

3. Meet the character and reputation requirements as defined in R17-5-301, and

4. Meet all applicable instructor requirements under state law and this Article.

B. Each professional driver training school licensed under A.R.S. § 32-2371 and this Article shall maintain a file for each professional driver training school instructor that contains the following:

1. An application, completed on a form approved by the Department;

2. A copy of a high school diploma or equivalent;

3. 1. A copy of a valid Arizona commercial driver license with applicable endorsements representative of the vehicle to be used in training, and

4. Documentation prescribed under A.R.S. § 41-1080 indicating that the applicant's presence in the United States is authorized under federal law;

5. 2. An annual commercial driver license motor vehicle record which indicates the instructor has maintained a satisfactory driver record as defined in R17-5-301 .

6. Payment of license fees prescribed under A.R.S. § 32-2374 for each activity requested;

7. Statements of positive endorsement or recommendation from at least three character references indicating each reference's:

a. Name,

b. Address,

c. Contact phone number and email address,

d. Relationship to the instructor applicant, and

e. Number of years associated with the instructor applicant;

8. An affidavit, as provided under A.R.S. § 32-2372, from the business manager of the professional driver training school certifying that the instructor applicant:

a. Has the necessary skills and abilities to give instruction on driver training at a professional level, and

b. Has completed at least 100 hours of combined classroom and vehicle training representative of the class of vehicle appropriate to the activity; and

9. A copy of the fingerprint clearance card as required of the applicant under A.R.S. § 32-2372 and R17-5-304 .

C. A business manager of a professional driver training school licensed under A.R.S. § 32-2371 and this Article shall submit to the Department or private entity a list of all of its professional driver training school instructors, including full name and commercial driver license number, at the time of hiring the instructors, within 10 calendar days of making any changes to the instructors as required under R17-5-310, and when renewing the school license as required under R17-5-309 .

D. Temporary Professional Driver Training Instructor License. The Department or private entity shall issue a temporary professional driver training instructor license to an instructor applicant after receiving a fully completed application packet with all of the required content and information, as provided under subsection (B).

E. The Department or private entity may issue an annual professional driver training school instructor license to an instructor applicant, if:

1. The applicant successfully completes the training session and examination required under R17-5-306 prior to expiration of the temporary instructor license issued under subsection (D), and

2. The applicant is otherwise qualified under this Article and state law to receive an annual professional driver training school instructor license.

F. The professional driver training school shall withdraw an application for a professional driver training school instructor license or the Department or private entity shall deny issuance of a license for an instructor applicant who fails to successfully complete the requirements under subsection (E) prior to expiration of the temporary professional driver training instructor license.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-304 Fingerprint Background Check; Fingerprint Clearance Card

A. An applicant for a license issued under A.R.S. Title 28, Chapter 8, Article 7.1 or Title 32, Chapter 23, Article 2 and this Article, as applicable, shall:

Successfully complete a fingerprint background check conducted by the Arizona Department of Public Safety under A.R.S. § 41-1758.01, and

2. Submit to the Department or private entity a copy of the fingerprint clearance card issued to the applicant under A.R.S. § 41-1758.03 as part of the application packet.

B. An applicant is responsible for all costs associated with obtaining the fingerprint clearance card.

C. A licensee, as applicable, shall maintain a valid fingerprint clearance card while licensed under this Article, and shall provide written notice to the Department or private entity within 10 calendar days if the fingerprint clearance card is cancelled, suspended, or revoked.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015.

Ariz. Admin. Code § R17-5-305 Traffic Survival School Qualified Instructor Status; Eligibility and Application Requirements

A. An applicant for traffic survival school qualified instructor status shall:

1. Apply through a traffic survival school licensed by the Department or private entity under A.R.S. § 28-3413 and this Article,

2. Possess a valid Arizona driver license,

3. Meet all applicable requirements under this Article, and

4. Meet the good standing and character and reputation requirements as defined in R17-5-301.

B. Each traffic survival school qualified instructor applicant shall complete an application packet that contains the following:

1. An application, completed on a form approved by the Department;

2. A copy of a high school diploma or equivalent;

2. 2. A copy of a valid Arizona driver license;

4. 3. Documentation prescribed under A.R.S. § 41-1080 indicating that the applicant's presence in the United States is authorized under federal law;

5. 4. A motor vehicle record, dated within 30 days of the application date, which indicates that the applicant maintained a satisfactory driver record as defined in R17-5-301 ;

6. 5. An affidavit from the business manager of the traffic survival school certifying that the qualified instructor applicant has the necessary skills and abilities to give instruction at a professional level; and

7. 6. Payment of authorized fees as required by the private entity for application and administration of the instructor qualification process and for required instructor continuing education, which shall be negotiated by the Department and the private entity and shall be set forth in their contract.

C. An applicant for instructor qualification shall have successfully completed a traffic survival school educational workshop or similar curriculum approved by the Department or private entity before being permitted to instruct any traffic survival school course.

D. An applicant for instructor qualification shall have successfully completed an examination given for qualification of instructors by the Department or private entity as required under R17-5-306 before being permitted to instruct any traffic survival school course.

E. A business manager of a traffic survival school licensed under A.R.S. § 28-3413 and this Article shall submit to the Department or private entity the complete application packet for each qualified instructor applicant.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-306 Required Training and Examination of School and Instructor Applicants

A. An applicant for traffic survival school instructor qualification under this Article shall attend Department-approved training and shall pass one or more required examinations administered by the Department or private entity.

1. Issuance of an applicable school or instructor license, or

2. Approval approval of the an applicant's status as a traffic survival school qualified instructor.

B. The Department or private entity shall limit a traffic survival school qualified instructor applicant to three opportunities within 90 days, based on scheduling, to successfully complete and achieve a passing score or grade on each examination required under this Section.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-307 Approval or Denial of Application; Hearing; Appeal

A. An application will not be approved by the Department or private entity unless it is properly and fully completed with all required supporting documents and applicable fees as identified in this Article.

B. The Department or private entity shall provide written notification to the professional driver training school or traffic survival school of the approval or denial of a license or traffic survival school instructor qualification. A notice denying the applicant a license or qualification under this Article shall specify the basis for denial and indicate that the applicant may request a hearing on the denial with the Department's Executive Hearing Office within 30 calendar days of the date on the notice unless the application is withdrawn by the applicant.

C. The Department or private entity may deem a traffic survival school instructor applicant qualified when a completed application is received and the applicant has successfully completed all required training and examinations.

D. Unless the application is withdrawn by the applicant, the Department or private entity may deny an application in which the applicant has:

1. Failed to have or to document a satisfactory driver record as required under R17-5-305, as applicable;

2. Failed to meet the good standing or character and reputation requirements of the Department as defined in R17-5-301 ;

3. Failed to meet the fingerprint clearance card requirement under R17-5-304, as applicable;

4. Made a material misrepresentation or misstatement on the application;

5. Violated a federal or state law or rule reasonably related in a business context to the authority applied for; or

6. Failed to complete all applicable application requirements under this Article.

E. If timely requested by an applicant under subsection (B), the Department shall schedule and conduct a hearing as prescribed under A.R.S. Title 41, Chapter 6, Article 6 and 17 A.A.C. 1, Article 5 for denial of a license.

F. An applicant whose application was previously denied by the Department or private entity for making a material misrepresentation or misstatement on the application is not eligible to reapply for 12 months from the date of previous denial.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-308 License Issuance; Effective Date; Expiration; Display

A. The Department or private entity may issue the following licenses upon determining an applicant meets all eligibility and application requirements provided under A.R.S. Title 28, Chapter 8, Article 7.1 or Title 32, Chapter 23 and this Article:

Professional driver training school,

2. Professional driver training school instructor,

3. Professional driver training school temporary instructor,

4. 2. Traffic survival school, and

5. 3. Established place of business (branch).

B. The Department or private entity shall license only a school that employs or contracts at least one professional driver training school instructor who meets the qualifications under this Article or at least one currently qualified traffic survival school instructor, as applicable.

C. A license issued under this Article is:

Effective on the date of issuance;

2. Effective until its expiration on the last day of each calendar year, except:

a. A temporary instructor license issued under R17-5-303 shall expire 90 calendar days from the date of issuance or shall expire immediately if the applicant fails to meet a licensing requirement under this Article,

b. a. A license subject to an active duty military extension shall expire as provided under A.R.S. § 32-4301, and

c. b. A license subject to an individual's limited length of authorized stay shall expire immediately if the individual's presence in the United States is no longer authorized under federal law; and

3. Nontransferable under any circumstances.

D. A licensed school shall prominently and publicly display all licenses currently in effect at the school's principal place of business.

E. A professional driver training school instructor shall prominently display copies of all appropriate licenses during instruction.

F. E.A school shall surrender to the Department or private entity within three business days after the date of any license inactivation, as defined in R17-5-301, all:

1. Licenses;

2. Records pertaining to the school's operations and the training of students; and

3. Department-approved inventory, as applicable and as defined in this Article.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-309 Renewal of License

A. A completed renewal, consisting of the following, shall be submitted to the Department or private entity a minimum of 30 calendar days prior to license expiration, notwithstanding A.A.C. R17-1-102, failure to submit a renewal prior to December 1st shall result in the applicant being subject to all original licensing requirements:

1. A renewal application, completed on a form approved by the Department, including:

a. An updated list of all principals, instructors, contracted personnel, and employees of the school who are responsible for Arizona school operations, including full name and driver license number; and

b. The signature of all current principals on the completed application; and

2. Payment of applicable license fees prescribed under A.R.S. § 28-3415 or 32-2374, for each activity and branch.

B. A school license renewal application packet shall include:

1. A renewal application, completed on a form approved by the Department, including:

a. A list of all principals, contracted personnel, and employees of the school who are responsible for Arizona school operations if there have been any changes since the last renewal or original application; and

b. The signature of all principals on the completed application; and

2. Payment of applicable license fees prescribed under A.R.S. § 28-3415 or 32-2374, for each activity, branch, and professional driver training school instructor.

C. B. Notwithstanding A.R.S. § 28-3415 or 32-2374, an annual license issued by the Department or private entity under this Article during the month of December shall not expire until the last day of the subsequent calendar year.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-310 Modifications of Original Application Information

A. A licensee or traffic survival school qualified instructor, making or learning of any change in the content of its original application information, other than ownership, shall provide written notification of the change, completed on a form approved by the Department and signed by a principal or business manager, to the Department or private entity within two business days of making the change.

B. A licensed school making a change to a principal or corporate structure shall submit to the Department or private entity a new application for licensing under this Article and all applicable fees, as a new applicant for licensure, within 10 calendar days of making the change.

C. A licensed school submitting a new application to the Department or private entity, as provided under subsection (B), is subject to the fingerprint clearance card requirement under R17-5-304 unless a valid fingerprint clearance card is already on file with the Department.

D. A licensed school shall provide written or electronic notification on a form, approved by the Department, to the Department or private entity within 10 calendar days of making any changes to the licensee's contact person, business manager, or instructors.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015.

Ariz. Admin. Code § R17-5-311 Professional Conduct; Conflicts of Interest; Advertising

A. A professional driver training school or traffic survival school representative or instructor shall not:

1. Accompany a student into any Department office or office of an authorized third party driver license or driver license training provider; or

2. Solicit an individual for any purpose on any premises rented, leased, operated, or owned by the Department or by an authorized third party driver license or driver license training provider.

B. A licensee or traffic survival school qualified instructor shall maintain good standing with the Department at all times while licensed or qualified by the Department or private entity under this Article.

C. A licensee shall not delegate or subcontract any licensed activity authorized by the Department or private entity under this Article.

D. The Department may take corrective action as provided under R17-5-321 and R17-5-323 if the Department or private entity determines or has reason to believe that a licensee or instructor has demonstrated unethical conduct in the performance of official duties, including:

1. Verbally abusing, intimidating, or sexually harassing a student or potential student; or

2. Making a false statement that is material to the activities regulated in this Article to any personnel of the Department or private entity.

E. A school shall use for all licensed activities and related advertising purposes only its official business name or its doing-business-as name as indicated on the license issued under this Article.

F. A licensee shall not represent or imply that it is the state of Arizona, the Department, the Motor Vehicle Division, or any government agency in any printed or electronic advertising or promotional material, except to the extent expressly authorized by the Department.

G. Licensee advertising shall not in any way:

1. Contain false, deceptive, or misleading information;

2. Imply that the licensee can issue or guarantee issuance of a driver license or endorsement;

3. Imply that the licensee can influence the Department or an authorized third party provider in the issuance of a driver license or endorsement;

4. Imply that the licensee can provide any activity the licensee is not licensed by the Department or private entity to perform;

5. Imply that preferential or advantageous treatment by the Department can be obtained; or

6. Use or contain a term prohibited under R17-5-302(C).

H. A school licensed by the Department or private entity under this Article may state in its advertising that it is "licensed" or "qualified" by the Department, but shall not indicate that the school is approved, sanctioned, or in any other way endorsed or recommended by the Department.

I. All printed or electronic advertising or promotional material used, issued, or published by a licensee must be pre-approved by the Department or private entity.

J. An instructor, in any official capacity as an instructor or for compensation, shall not provide any classroom instruction or skills training for an immediate family member or a principal or employee of any school that employs the instructor.

K. A full-time employee of the state of Arizona shall not receive any direct pecuniary payments from any fees paid by those who attend a licensed school.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-312 Cancellation and Continuity of Services to Participants

A. A principal of a school ceasing operations or cancelling courses for any reason shall ensure continuity of services to each student currently enrolled in courses as follows:

1. A principal shall notify each student currently scheduled for, or enrolled in, a course that the school will be unable to provide the services previously offered 72 hours before the scheduled course; and

2. A principal shall refund within four business days any payment received by the school for a course not yet provided.

B. A principal of a school ceasing operations shall provide to the Department or private entity, upon request, a written list of all students notified under subsection (A) with an explanation of the final resolution reached as a result of the principal's contact with the student.

C. A principal's failure to provide continuity of services to enrolled students as provided under this Section may result in the loss of the principal's status of good standing with the Department.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015.

Ariz. Admin. Code § R17-5-313 Method of Instruction; Curriculum

A. An instructor shall teach only curriculum approved by the Department or private entity to a student attending a class.

B. An instructor shall not conduct personal business during a time designated for instruction.

C. An instructor shall not solicit students during training classes for businesses other than those licensed by the Department or private entity.

D. A school or instructor shall ensure that a student has both fully attended and successfully completed a course before issuing a certificate of completion to the student.

E. A licensed traffic survival school must use all equipment required by the Department or private entity to present the curriculum to the students, including at a minimum, a computer, a PowerPoint compatible projector, a DVD player, and a display monitor visible to all students.

F. Professional driver training school approved curriculum. The Department shall approve, and may modify, in writing, a uniform curriculum that the professional driver training school shall teach as applicable for each activity the licensee is authorized to perform. The curriculum shall be a standard course of instruction used by a professional driver training school for the training and education of students.

G. Traffic survival school approved curriculum. The Department shall approve, and may modify, in writing a uniform curriculum that the traffic survival school shall teach. The curriculum shall be selected and approved on the basis of effectiveness in improving the safety and habits of drivers.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-314 Certificate of Completion

A. A qualified instructor for traffic survival school or high school driver education program shall accurately complete all required information on a certificate of completion:

1. The instructor providing the training listed on the certificate of completion shall sign the document once training is complete, or

2. The instructor providing the final instruction or test shall sign the certificate of completion if training is provided by multiple instructors.

B. A qualified instructor shall provide a certificate of completion to the student at the conclusion of the course. A traffic survival school qualified instructor shall print the certificate of completion from the web site of the Department's private entity or the Department's web site, as applicable.

C. A high school qualified instructor shall not make a correction to a certificate of completion. If an error is made, the high school qualified instructor shall:

Void the certificate of completion,

2. Write the word "VOID" or "VOIDED" clearly on the face of each voided certificate of completion, and

3. Issue a new certificate of completion.

D. The Department may elect not to accept a certificate of completion that contains an alteration, erasure, correction, or illegible information.

E. A school or qualified instructor shall not withhold timely issuance of a certificate of completion due to a payment dispute between the school and the student.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015.

Ariz. Admin. Code § R17-5-315 Record Retention

A. A licensed traffic survival school shall electronically transmit proof of course completion immediately following each student's satisfactory completion of a traffic survival school course in a manner and with the basic computer equipment prescribed by the Department or private entity. At a minimum, the computer equipment must be able to temporarily store, and electronically transmit over the internet, the certificates of completion required by the Department or private entity.

B. All records pertaining to a licensed school's operations and training of students shall be:

1. Stored and securely maintained at the licensee's principal place of business,

2. Available for inspection by the Department or private entity during business hours, and

3. Retained by the school for three years from the date of course completion.

C. A licensed school shall establish and maintain separate records for each authorized activity.

D. A licensed school shall maintain, for three years, attendance records for each class conducted.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-316 Traffic Survival School Department-approved Inventory

A. A traffic survival school licensed under this Article shall:

1. Prohibit public or other unauthorized access to all Department-approved inventory, and

2. Submit to the Department or private entity a written report detailing the circumstances surrounding the loss or theft of any missing or stolen Department-approved inventory.

B. A licensee shall use only Department-approved inventory.

C. A school principal or business manager shall submit to the Department or private entity a written or electronic request for any additional Department-approved inventory the school may require.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015.

Ariz. Admin. Code § R17-5-317 School Responsibilities

While licensed by the Department or private entity under A.R.S. § 28-3413 or 32-2371 and this Article, the school shall:

1. Comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and applicable federal regulations by providing appropriate auxiliary aids and services to students with disabilities requesting reasonable accommodation;

2. Comply with Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000 d et seq.) and applicable federal regulations. As a requirement of compliance, the school shall:

a. Provide public notification of its compliance with Title VI by displaying a Department-approved notice to the public;

b. Take reasonable steps to ensure that Limited English Proficient (non-English speaking) customers have meaningful access to the services or activities performed under this Article, which includes, providing the school's services and authorized transactions in languages other than English and providing these services at no additional cost to the customer or student;

c. Report promptly any customer complaints alleging discrimination or failure to meet the requirements of this Section to the Department's Civil Rights office for processing and investigation. The school shall immediately upon receipt of such complaints provide access to its facilities, books, records, accounts, and other sources of information as may be determined or requested by the Department to be pertinent, in order to ascertain compliance with Title VI; and

d. Inform and formally train all school officers, principals, employees, and contractors on the requirements to comply with Title VI; and

3. Provide written notice to the Department or private entity within twenty-four hours if the driver license of any of the school's principals, managers, or instructors is suspended, revoked, cancelled, or disqualified.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015.

Ariz. Admin. Code § R17-5-318 Instructor Responsibilities

A professional driver training school instructor or traffic survival school qualified instructor shall:

1. Attend all ongoing training and continuing education as required by the Department or private entity;

2. Provide written notice to the licensed professional driver training school or traffic survival school within twenty-four hours if the instructor's driver license is suspended, revoked, cancelled, or disqualified;

Conduct training and courses only at training sites approved by the Department or private entity;

4. Conduct the final evaluation on behind-the-wheel final evaluation routes approved by the Department or private entity;

4. 5. Follow and complete the curriculum approved by the Department or private entity for each course conducted; and

5. 6. Conduct at least two courses in a calendar year.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Ariz. Admin. Code § R17-5-319 Traffic Survival Schools

A. The Department shall assign an individual only to a traffic survival school licensed by the Director under this Article.

B. A traffic survival school or qualified instructor shall allow only students who provide acceptable proof of traffic survival school assignment to register for and attend a traffic survival school course. The following documents are acceptable proof of assignment:

1. Notice of traffic survival school assignment or suspension for failure to attend traffic survival school,

2. An order from a court or other appropriate tribunal from Arizona or another state indicating traffic survival school assignment,

Traffic survival school proof of assignment form obtained from the Department,

4. Electronic verification of traffic survival school assignment through the Department's private entity, or

5. Motor vehicle record.

C. On enrollment of a student in, or on a student's attendance of, a traffic survival school course, a licensed traffic survival school shall collect the statutory enrollee fee provided in A.R.S. § 28-3411, unless the student has paid the enrollee fee in advance. The licensed traffic survival school also shall collect the records fee prescribed by A.R.S. § 28-446, if applicable, before the student attends the traffic survival school course. The licensed traffic survival school shall fully remit these fees to the private entity within four business days after a student completes the traffic survival school course. If a licensed traffic survival school does not timely remit the enrollee fees, the Department or private entity may notify the traffic survival school that its prospective future students will be required to prepay the enrollee fees until remittances are current. The amount of the enrollee fee charged by the private entity shall be negotiated by the Department and the private entity and shall be set forth in their contract.

D. A traffic survival school or qualified instructor shall not:

1. Conduct courses with a number of students in excess of the classroom's fire safety capacity reported to the Department or private entity by the licensee under R17-5-321 ;

2. Conduct courses with more than 30 students per qualified instructor;

Exclude a translator, the Director, the private entity, or Department personnel from attending courses;

4. Issue a certificate of completion to a student who has not fully completed the required curriculum; or

5. Issue a certificate of completion for a student whom the instructor did not personally instruct.

E. A licensee shall retain for three years all copies of the student's acceptable proof of assignment and the signed class roster of attending students.

F. The private entity may develop and administer a web site that allows individuals who are assigned to traffic survival school to locate and enroll online in traffic survival school courses.

G. Only an individual who meets the qualifications under R17-5-305, remains in compliance with this Article, and who is granted and retains traffic survival school qualified instructor status, may be allowed to teach individuals assigned by the Department to attend a licensed traffic survival school.

H. A licensed traffic survival school must hold at least one course every 60 days at the school's established place of business and each branch, as applicable.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015.

Ariz. Admin. Code § R17-5-320 High School Driver Education Program

A. The following definitions apply to this Section:

1. "Accountable forms inventory" means a series of distinctly and consecutively numbered documents provided by the Department to an instructor qualified under this Section for:

a. Recording in a log, the assigned number of each document completed, issued, or voided by a high school qualified instructor; and

b. Reporting to the Department the assigned number of each document completed, issued, or voided by a high school qualified instructor.

2. "Certified instructor report" means a report prepared and certified monthly by each high school qualified instructor listing all certificates of completion that were issued and voided.

B. The Department shall cooperate with the Arizona Department of Education, under A.R.S. §§ 28-3174 and 32-2353, to enable the issuance of a certificate of completion to a regularly enrolled full-time student as part of a high school driver education program.

C. The Director or private entity shall qualify an instructor approved by the Arizona Department of Education to issue a certificate of completion.

D. A high school qualified instructor may issue a certificate of completion to a regularly enrolled full-time student who:

Successfully completes the classroom course of instruction required by the Arizona Department of Education, which may waive the student's requirement to take the Department's written test; or

2. Successfully completes the skills course of instruction required by the Arizona Department of Education, which may waive the student's requirement to take the Department's skills test.

E. A high school qualified instructor shall submit to the Department, no later than the fifth day of each month, all certified instructor reports and certificates of completion issued by the school during the preceding month. A high school qualified instructor who does not issue any certificates of completion during the preceding month shall submit to the Department a certified instructor report indicating "no activity."

F. A high school qualified instructor shall provide the status of certificates of completion to the Department, upon request, by identifying the certificates by number as either issued, not issued, lost, or stolen.

G. A high school representative shall promptly return all unused or un-issued certificates of completion to the Department, upon request.

H. A certificate of completion constitutes accountable forms inventory to be secured at all times by the high school qualified instructor or other designee of the high school and any misuse, fraud, or negligence by a high school qualified instructor involving the form in consultation with the Arizona Department of Education pursuant to A.R.S. § 28-3174 may lead to Department disqualification of the instructor's authorization to issue the form.

I. A high school qualified instructor shall submit to the Department all reports required under this Article by regular mail, certified mail, registered mail, electronic mail, or personal delivery. The following dates shall be used to determine whether a report was received within the required timeframes established under this Section:

1. For regular mail, the postmark date;

2. For certified or registered mail, the date of receipt by the designated delivery service;

3. For electronic mail, the send date; and

4. For personal delivery, the Department's time and date stamp of receipt.

J. If a high school qualified instructor fails to timely or accurately submit to the Department a certified instructor report required under this Section, the Department may initiate corrective action. The Department may:

1. Provide an oral or written warning for a first untimely or inaccurate report,

2. Send a letter of concern for a second untimely or inaccurate report in a 12-month period, and

3. Request that the Arizona Department of Education disqualify a high school qualified instructor from issuing a certificate of completion under this Article for a third untimely or inaccurate report in a 12-month period.

K. A high school shall develop and maintain a driver education class training record for each student, which shall include at least the following information:

1. Student's name;

2. Student's phone number;

3. Student's driver license or instruction permit number and its expiration date;

4. Fee amounts collected for any related services;

5. Date, type, and duration of all classroom lessons and practical instruction;

6. Make, model, and license plate number of any motor vehicle used to conduct training, as applicable;

7. Date and results of all tests administered;

8. Number of certificates of completion issued; and

9. Name and Department-issued number of each instructor who conducted a lesson or test.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015.

Ariz. Admin. Code § R17-5-321 Periodic Audits, Monitoring, Inspections, and Investigations

A. To determine compliance with license requirements, qualification requirements and applicable federal and state laws and rules, the Department or private entity may:

1. Monitor for compliance by attending any licensed school's course or other activities on a scheduled or unscheduled basis;

2. Audit for compliance by performing periodic reviews of the operations, facilities, equipment, and records;

3. Inspect for compliance by making random, on-site visits during posted business hours; or

4. Investigate for compliance by interviewing or submitting questions to school owners, instructors, and former or current students.

B. Failure of a school or instructor to allow or cooperate in an audit, monitoring, inspection, or investigation may result in the Department issuing an immediate cease and desist order or requesting a hearing for suspension or revocation of a license issued under this Article.

C. During an audit, monitoring, inspection, or investigation of a licensee, the Department, the private entity, a law enforcement agency, or employee of the Federal Motor Carrier Safety Administration may:

1. Review and copy paper and electronic records;

2. Examine the licensee's principal and established place of business, all branches, training, or road training sites; and

3. Interview the school's employees, instructors, and customers.

D. A licensee shall make records available for audit, monitoring, inspection, or investigation at the licensee's principal place of business.

E. After an audit or monitoring, the Department or private entity shall send a report of the results in writing to the school.

F. If instances of non-compliance are found as a result of an audit, monitoring, inspection, or investigation, the Department or private entity may determine if either of the following actions is required:

1. An informal meeting to discuss findings, or

2. A written compliance plan addressing findings.

G. If greater instances of non-compliance are found as a result of an audit, monitoring, inspection, or investigation, the Department may determine if either of the following actions is required:

1. A probationary period; or

2. A request for a hearing to cancel, suspend, or revoke a license to operate a school or conduct instruction under this Article.

H. The Department or private entity may issue a notice of corrective action to a licensee if the licensee fails to comply with a warning letter, with an audit, inspection or investigation request, a monitoring request, or with written findings provided by the Department or private entity. Only the Department may initiate a corrective action provided under subsection (G).

I. Each site used by a school as an office, training location, or classroom location shall:

1. Be inspected and approved by the Department or private entity prior to initial use or relocation,

2. Be licensed by the Department or private entity, and

3. Have office hours displayed in a conspicuous location at each site open to the public during the posted hours.

J. There shall be a clearly defined and visible separation between a school and any other business if a professional driver training school or traffic survival school is located in an office building, store, or other physical structure shared with any other business or enterprise.

K. Any request by a school for inspection and approval of a site on a recognized Indian reservation shall contain the written permission of the appropriate Tribal authority.

L. Any request by a school for inspection and approval of a site on a military base shall contain the written permission of the appropriate military authority.

M. A school shall submit to the Department or private entity a copy of the written lease or contract agreement or deed of ownership, if the site is owned by the school, for each site, as applicable.

N. Any request by a traffic survival school for inspection and approval of a site to be used for educational sessions shall include the approved fire safety capacity of the classroom(s) at that site and shall be signed by a principal of the traffic survival school.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015.

Ariz. Admin. Code § R17-5-322 Cease and Desist Order; Hearing and Appeal

A. The Department may immediately issue and serve a cease and desist order on a licensee, as prescribed under A.R.S. § 28-3417 or 32-2394, if the Department or private entity has reasonable cause to believe that the licensee has violated or is violating a federal or state law or rule relating to a duty prescribed under this Article.

B. A cease and desist order issued by the Department to a licensee under this Article shall:

1. Require the person on receipt of the order to cease and desist from further engaging in the prohibited conduct or in any activity authorized under this Article as specified in the cease and desist order, and

2. Provide information regarding the person's right to request a hearing to show cause as to why the Department's order should not be upheld.

C. On failure or refusal of a licensee to comply with a cease and desist order, or after a requested hearing, the Department may cancel, suspend, or revoke the license of the licensee under A.R.S. § 28-3416 or 32-2391 and R17-5-323.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015.

Ariz. Admin. Code § R17-5-323 Non-compliance; Notice of Corrective Action; Cancellation, Suspension, or Revocation of a Professional Driver Training School License or Traffic Survival School License or Qualification of a Traffic Survival School Instructor; Hearing and Appeal

A. The following definitions apply to this Section:

1. "Cancellation" means a Department action that withdraws a license or qualification of a traffic survival school instructor issued under A.R.S. Title 28, Chapter 8, Article 7.1 or Title 32, Chapter 23 and this Article.

"Revocation" means a Department action that terminates, for an indefinite period of time, a licensee's or traffic survival school qualified instructor's privilege to operate a school or conduct instruction under this Article.

3. "Suspension" means a Department action that prohibits, for a stated period of time, a licensee or traffic survival school qualified instructor from operating as a school or instructor under this Article.

B. The Department or private entity may initiate corrective action on a licensee or a traffic survival school qualified instructor as provided under A.R.S. Title 28, Chapter 8, Article 7.1, Title 32, Chapter 23, Article 3, or Title 41, Chapter 6, Article 6, and this Article, if satisfactory evidence shows that a licensee or instructor, individually or collectively:

1. Violated a federal or state law or rule reasonably relating in a business context to a duty prescribed under this Article;

2. Failed to maintain a status of good standing or character and reputation as defined in R17-5-301 ; or

3. Provided false, deceptive, or misleading information to the Department or private entity in either an application or in response to an audit or inspection conducted pursuant to R17-5-321.

C. A corrective action initiated under subsection (B), depending on the severity or number of violations, may include the Department imposing a term of probation; issuing a cease and desist order under A.R.S. § 28-3417 or 32-2394; or requesting a hearing to cancel, suspend, or revoke an existing license under A.R.S. § 28-3416 or 32-2391.

D. A notice of corrective action issued by the Department requesting a hearing to cancel, suspend, or revoke an existing school license shall include:

1. The grounds for the Department's action; and

A brief written statement explaining that it will request that a hearing be held before the Department's Executive Hearing Office on the proposed cancellation, suspension, or revocation of a professional driver training school license or a traffic survival school license, as provided under A.R.S. § 28-3416 or 32-2391.

E. A notice of corrective action issued by the Department to cancel, suspend, or revoke an existing qualification of a traffic survival school instructor shall include:

1. The grounds for the Department's action; and

2. A brief written statement of the hearing and appeal rights, including that the instructor may request a hearing with the Department's Executive Hearing Office within 30 calendar days of the date on the notice for the cancellation, suspension, or revocation of the qualification of a traffic survival school instructor, as provided in A.R.S.§§ 41-1001(12) and 41-1064.

F. The Department shall provide notice and conduct hearings as prescribed under A.R.S. Title 41, Chapter 6, Article 6, and 17 A.A.C. 1, Article 5, as applicable.

History

• Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.

Article 4 DEALERS

Ariz. Admin. Code § R17-5-401 Definitions

In addition to the definitions in A.R.S. §§ 28-4301 and 28-4410, the following definitions apply to this Article unless otherwise specified:

"Dealer" or "motor vehicle dealer" has the same meaning as "motor vehicle dealer" in A.R.S. § 28-4301.

"Director" has the same meaning as in A.R.S. § 28-101.

"Owner" means a person who holds the legal title of a motor vehicle.

"Principal place of business" means a licensed place of business from which a wholesale motor vehicle dealer or a broker conducts business and keeps the records of the business.

"State" means the state of Arizona and all its agencies and political subdivisions, their officers and agents.

"Taxpayer identification number" means a number used for tax purposes that is assigned by the Social Security Administration or the Internal Revenue Service.

"VIN" or "Vehicle Identification Number" means the unique code, including serial number, used by an automobile manufacturer to identify a specific motor vehicle.

History

• Adopted by final rulemaking at 23 A.A.R. 1434, effective 7/4/2017.

Ariz. Admin. Code § R17-5-402 Bond Amounts; Dealers, Brokers, and Automotive Recyclers' Business Licenses

A. As prescribed under A.R.S. § 28-4362, the Department shall require a bond in the amount specified for the following motor vehicle business license applicants:

1. $100,000 for:

a. A new motor vehicle dealer,

b. A used motor vehicle dealer, or

c. A public consignment auction dealer.

2. $25,000 for:

a. A broker,

b. A wholesale motor vehicle dealer, or

c. A wholesale motor vehicle auction dealer.

$20,000 for an automotive recycler.

B. An applicant shall submit a bond on the original vehicle dealer bond form prescribed by the Director that meets the requirements in A.R.S. § 28-4362 and these rules. An applicant shall submit a separate, original bond for each application and for each county in which an applicant or licensee has an established place of business or a principle place of business. A power of attorney for the attorney-in-fact shall be attached to the dealer bond, if applicable.

C. An applicant shall sign the dealer bond, in addition to all partners for a partnership, or one officer for an incorporation.

D. The completed bond form shall contain an embossed stamp, seal, or sticker from the bond company.

E. The Department shall not accept a handwritten bond.

History

• New Section recodified from R17-4-240 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 9 A.A.R. 1864, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 23 A.A.R. 1434, effective 7/4/2017.

Ariz. Admin. Code § R17-5-403 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 1864, effective August 2, 2003 (Supp. 03-2). Section expired under A.R.S. 1056(J) at 22 A.A.R. 3195, effective October 5, 2016 (Supp. 16-3).

Ariz. Admin. Code § R17-5-404 Dealer Title Requirement for Vehicle Sale

For purposes of A.R.S. § 28-4409(A), the dealer's name shall be recorded on a title certificate as transferee or purchaser.

History

• New Section recodified from R17-4-241 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section heading corrected as recodified at 7 A.A.R. 3483 (Supp. 09-2).

Ariz. Admin. Code § R17-5-405 Dealer Acquisition Contract

A. For the purposes of A.R.S. § 28-4410, a dealer shall prepare a dealer acquisition contract on a Department form with contents as prescribed under subsection (B).

B. A dealer acquisition contract shall contain the following information:

1. The heading "Dealer Acquisition Contract;"

2. The dealer's name and dealer license number;

3. The dealer's business address and telephone number;

4. The owner's name, address, telephone number; driver license number or taxpayer identification number, as applicable; and type of ownership;

5. The VIN; license plate number; licensing state; and model, make, and year of the motor vehicle that has a dealer acquisition contract;

6. If there is a lien holder, for each lien holder:

a. The lien holder's name, address, and telephone number;

b. The lien balance;

c. The prepayment penalties, if any; and

d. Other information on the terms and conditions of the lien repayment.

7. A statement by the owner that the motor vehicle is free and clear of all liens and encumbrances, except those disclosed under subsection (B)(6)(a) and the unpaid lien balance is no greater than disclosed under subsection (B)(6)(b);

8. The contracted purchase price and a recital that this amount has been either paid directly to the owner or credited to the owner against the purchase price of another motor vehicle;

9. A statement indicating that the owner is selling and transferring the described motor vehicle to the dealer;

10. An authorization by the owner permitting the dealer to obtain all information necessary to verify the accuracy of the lien balance and assure that the balance is paid and the lien is released;

11. A statement by the owner that the registration document provided to the dealer is the original and most recent registration issued for the vehicle;

12. An agreement indicating whether the owner or dealer is responsible to satisfy the lien balance;

13. An authorization by the owner permitting the dealer to obtain the original title certificate from the lien holder; endorse the owner's name on the title; and if necessary, transfer the title to the dealer;

14. A statement that if the owner receives the certificate of title, the owner shall immediately deliver the title to the dealer and provide any signature and acknowledgment necessary to complete the title transfer to the dealer;

15. The date when the dealer acquisition contract is executed by each party;

16. The dealer's signature; and

17. The owner's signature.

C. A dealer or an owner who adds to a dealer acquisition contract a provision not described in this Section shall ensure that the provision does not conflict with or alter the meaning of a provision of this Section.

D. When a dealer prepares a dealer acquisition contract as prescribed under this Section, the dealer shall give a copy to the owner and keep the original at the dealer's established place of business for three years after the date that the contract expires or terminates, or the date the motor vehicle is sold.

E. In complying with this Section, a dealer shall not interpret or claim compliance to be an approval by the state of the fairness, validity, or legality of a dealer acquisition contract. This Section furnishes only information required in a dealer acquisition contract. This Section does not detail any additional contractual requirements that may be defined under other Arizona statutes.

History

• New Section recodified from R17-4-245 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 4234, effective November 15, 2002 (Supp. 02-3). Amended by final rulemaking at 23 A.A.R. 1434, effective 7/4/2017.

Ariz. Admin. Code § R17-5-406 Dealer Consignment Contract

A. For the purposes of A.R.S. § 28-4410, a motor vehicle dealer shall prepare a dealer consignment contract on a form with contents as prescribed under subsection (B).

B. A dealer consignment contract shall contain the following information:

1. The heading "Dealer Consignment Contract;"

2. The dealer's name and dealer license number;

3. The dealer's business address and telephone number;

4. The owner's name, address, telephone number, driver license number or taxpayer identification number, and type of ownership;

5. The VIN; license plate number; licensing state; and model, make, and year of the motor vehicle that has a dealer consignment contract;

6. If there is a lien holder, for each lienholder:

a. The lien holder's name, address, and telephone number;

b. The lien balance;

c. The prepayment penalties, if any; and

d. Other information on the terms and conditions of the lien repayment;

7. A statement by the owner that the vehicle is free and clear of all liens and encumbrances, except those disclosed under subsection (B)(6)(a) and the lien balance is no greater than that disclosed under subsection (B)(6)(b);

8. An authorization by the owner permitting the dealer to market and sell the vehicle on behalf of the owner at a mutually-agreed upon, specified, minimum price;

9. An agreement by the dealer to inform any prospective purchaser that the vehicle is on consignment;

10. An agreement by the dealer that, upon receiving the sale proceeds, the dealer shall immediately satisfy all disclosed liens and ensure that the liens are released;

11. An agreement by the owner that, upon the completion of the sale and after receiving the sale proceeds, the owner shall promptly deliver and endorse the title certificate for reassignment to the purchaser;

12. The expiration date of the consignment contract;

13. An agreement by the dealer to deliver the motor vehicle to the owner at a specified location on the date that the contract expires or terminates;

14. An agreement by the owner to pay any specified fees due to the motor vehicle dealer on the return of the vehicle, after the expiration or termination of the consignment contract;

15. The date the contract is executed;

16. The dealer's signature; and

17. The owner's signature.

C. A dealer or an owner who adds to a dealer consignment contract a provision not described in this Section shall ensure that the provision does not conflict with or alter the meaning of a provision of this Section.

D. When a dealer prepares a dealer consignment contract as prescribed under this Section, the dealer shall give a copy to the owner and keep the original at the dealer's established place of business for three years after the date that the dealer consignment contract expires or terminates, or the vehicle is sold.

E. In complying with this Section, a dealer shall not interpret or claim compliance to be an approval by the state of the fairness, validity, or legality of a dealer consignment contract. This Section furnishes only information required in a dealer consignment contract. This Section does not detail any additional contractual requirements that may be defined under other Arizona statutes.

History

• New Section recodified from R17-4-246 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 4234, effective November 15, 2002 (Supp. 02-3). Amended by final rulemaking at 23 A.A.R. 1434, effective 7/4/2017.

Ariz. Admin. Code § R17-5-407 Motor Vehicle Repossession

A. The Department shall not transfer a title when the ownership of a motor vehicle titled in this state or another state reverts through operation of state law to a lienholder of record through repossession unless the following conditions are met:

1. The motor vehicle is physically located in this state;

2. A notice of lien is filed with the Department;

3. A completed affidavit from the lienholder is submitted to the Department stating that the motor vehicle is physically located in this state and was repossessed on default pursuant to the terms of the lien and applicable law and that this state, its agencies, employees, and agents shall not be held liable for relying on the contents of the affidavit; and

4. In addition to the information required in subsection (A)(3), the affidavit contains the following information:

a. The VIN,

b. The vehicle model year,

c. The vehicle make,

d. The registered owner's name,

e. The date of repossession,

f. The state in which the vehicle is titled,

g. The lienholder company name,

h. The lienholder agent or representative name,

i. The lienholder signature, and

j. The notary or Department agent signature.

B. The Department shall accept out-of-state affidavits of repossession that comply with the requirements in subsections (A)(3), (A)(4), and subsection (C) if all of the following apply:

1. The affidavit is submitted by an Arizona licensed dealer, and

2. The Arizona licensed dealer is transferring the title into the dealership's name.

C. A lienholder may sell a repossessed motor vehicle without transferring the title into the lienholder's name by completing a Bill of Sale for submission to the Department. The Bill of Sale may be combined with the affidavit of repossession and shall contain the following information:

1. The buyer's name;

2. The sale date;

3. The buyer's street address, including the city, state, and zip code;

4. The name of the new lienholder, if applicable;

5. The new lien date, if applicable;

6. The odometer certification statement, if required by A.R.S. § 28-2058, including odometer reading, and an acknowledgment with the buyer's name and signature ;

7. A statement that the buyer is aware of the odometer certification made by the seller;

8. The seller's name;

9. The seller's notarized signature; and

10. The seller's address, including city, state, and zip code.

D. A completed repossession affidavit as prescribed in this Section is proof of ownership, right of possession, and right of transfer.

E. The Department has no responsibility relating to foreclosure on real property under A.R.S Title 33, Chapter 7.

History

• New Section recodified from R17-4-260 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 10 A.A.R. 3399, effective October 2, 2004 (Supp. 04-3). Amended by final rulemaking at 23 A.A.R. 1434, effective 7/4/2017.

Ariz. Admin. Code § R17-5-408 Resale of a New Motor Vehicle

A. A motor vehicle dealer that sells a new motor vehicle that was delivered to a previous purchaser, shall provide written notice to the new purchaser under subsection (B).

B. A motor vehicle dealer shall ensure that the notice under A.R.S. § 28-4422 contains the following information:

1. The name of the dealership;

2. A vehicle description, including year, make, and VIN;

3. A statement that the new motor vehicle was delivered to a previous purchaser;

4. The printed name of the new purchaser; and

5. The signature of the new purchaser (initials are not acceptable) indicating that the new purchaser has received the notice.

C. The motor vehicle dealer shall:

1. Provide a copy of the notice under subsection (B) to the new purchaser, and

2. Keep a copy of the signed notice under subsection (B) at the new motor vehicle dealer's established place of business for at least three years.

D. The motor vehicle dealer is not required to submit the notice to the Department under subsection (B) unless otherwise required by state or federal law.

E. A new motor vehicle dealer shall not add additional language to the notice that would conflict with, or alter the intent of the provisions specified in subsection (B).

History

• New Section made by final rulemaking at 12 A.A.R. 225, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 23 A.A.R. 1434, effective 7/4/2017.

Article 5 MOTOR CARRIER FINANCIAL RESPONSIBILITY

Ariz. Admin. Code § R17-5-501 Definitions

In addition to the definitions provided under A.R.S. §§ 28-4001, 28-4031, 28-5201, and 28-5431, the following terms apply to

this Article, unless the context otherwise requires:

"Binder" means a contract for temporary insurance as described in A.R.S. § 20-1120.

"Initial motor vehicle registration" means the first time a motor carrier registers a specific motor vehicle or a vehicle combination in Arizona.

"Insurance company" means an entity that is in the business of issuing motor carrier liability insurance policies.

History

• New Section made by final rulemaking at 9 A.A.R. 235, effective March 11, 2003 (Supp. 03-1). Amended by final rulemaking at 18 A.A.R. 2365, effective November 10, 2012 (Supp. 12-3).

Ariz. Admin. Code § R17-5-502 [REPEALED]

History

• New Section recodified from R17-4-226 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1).

Ariz. Admin. Code § R17-5-503 [REPEALED]

History

• New Section recodified from R17-4-226.01 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1).

Ariz. Admin. Code § R17-5-504 Requirement to Submit Proof of Financial Responsibility; Applicability; Procedure; Exception

A. If a person or motor carrier subject to financial responsibility requirements under A.R.S. § 28-4032 does not insure its motor vehicle or vehicle combination through an insurance company that electronically reports to the Department under A.R.S. § 28-4148 and Article 8 of this Chapter, the person or motor carrier shall submit proof of financial responsibility as prescribed in this Section, and in the amount required under A.R.S. § 28-4033(A):

1. On initial motor vehicle registration, or

2. On written request by the Department.

B. An insurance company, its managing general agent, broker, or agent may submit proof of financial responsibility to the Department on behalf of a person or motor carrier.

C. As proof of financial responsibility, a person or motor carrier shall submit to the Department a photocopy of:

1. A valid liability insurance policy;

2. A binder dated within 90 days of filing with the Department;

3. A completed and signed Form E Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance, issued by an insurer that holds a valid certificate of authority or that is permitted to transact surplus lines insurance in this state, naming the Arizona Department of Transportation as the agency;

4. A completed and signed Certificate of Liability Insurance form, issued by an insurer that holds a valid certificate of authority or that is permitted to transact surplus lines insurance in this state, naming the Arizona Department of Transportation as the certificate holder; or

5. A certificate of self-insurance issued by the Department after a person or motor carrier meets the requirements of R17-5-810 and A.R.S. §§ 28-4007 and 28-4135.

D. Before a binder submitted as proof of financial responsibility expires, a motor carrier shall submit:

1. A binder from an insurance company other than the insurance company named in the first binder; or

2. Proof of financial responsibility listed in subsections (C)(1) or (C)(3) through (5).

E. A person or motor carrier that maintains a valid USDOT number and files proof of financial responsibility with the Federal Motor Carrier Safety Administration under 49 CFR 387 is not required to submit additional proof of financial responsibility under this Section, except on written request by the Department.

History

• New Section recodified from R17-4-445 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 9 A.A.R. 235, effective March 11, 2003 (Supp. 03-1). Amended by final rulemaking at 18 A.A.R. 2365, effective November 10, 2012 (Supp. 12-3).

Ariz. Admin. Code § R17-5-505 [REPEALED]

History

• New Section recodified from R17-4-446 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 235, effective March 11, 2003 (Supp. 03-1).

Ariz. Admin. Code § R17-5-506 [REPEALED]

History

• New Section recodified from R17-4-447 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section repealed; new Section made by final rulemaking at 9 A.A.R. 235, effective March 11, 2003 (Supp. 03-1). Repealed by final rulemaking at 18 A.A.R. 2365, effective November 10, 2012 (Supp. 12-3).

Ariz. Admin. Code § R17-5-507 [REPEALED]

History

• New Section recodified from R17-4-448 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 9 A.A.R. 235, effective March 11, 2003 (Supp. 03-1).

Article 6 IGNITION INTERLOCK DEVICE MANUFACTURERS AND IGNITION INTERLOCK SERVICE PROVIDERS

Ariz. Admin. Code § R17-5-601 Definitions

In addition to the definitions provided under A.R.S. §§ 28-101 and 41-1072, in this Article, unless the context otherwise requires, the following terms apply:

"Alcohol concentration" means the weight amount of alcohol contained in a unit volume of breath or air, measures in grams of ethanol/210 liters of breath of air and expressed as grams/210 liters.

"Alveolar breath sample" means the last portion of a prolonged, uninterrupted exhalation from which breath alcohol concentrations can be determined.

"Anticircumvention feature" means any feature or circuitry incorporated into the ignition interlock device that is designed to prevent human activity that would cause the device not to operate as intended.

"Authorization agreement" or "agreement" means an agreement authorized by the Director that an IISP enters into with the Department to provide ignition interlock services under A.R.S. § 28-1468.

"Breath alcohol test" means analysis of a sample of the person's expired alveolar breath to determine alcohol concentration.

"Bump starting" means a method of starting a motor vehicle with an internal combustion engine by engaging the manual transmission while the vehicle is in motion.

"Business day" means a day other than a Saturday, Sunday, or state holiday.

"Calibration" means the testing, adjustment, or systematic standardization of an ignition interlock device to determine and verify its accuracy.

"Cancellation" means the termination of a manufacturer's ignition interlock device certification for ignition interlock device installation.

"Certification" means a status granted by the Department under this Article, which permits a certified ignition interlock device manufacturer to offer an ignition interlock device for installation.

"Certified ignition interlock device," "CIID," or "device" means a device that is based on alcohol specific electrochemical fuel sensor technology that meets the NHTSA specifications; that connects a breath analyzer to a motor vehicle's ignition system; that is constantly available to monitor the alcohol concentration in the breath of any person attempting to start the motor vehicle by using its ignition system; that deters starting the 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 determines whether the alcohol concentration in the person's breath is below a preset level.

"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:

The bump start of a motor vehicle with a certified ignition interlock device;

The introduction of a false sample other than a deep-lung breath sample from the person driving the motor vehicle;

The introduction of an intentionally contaminated or a filtered breath sample;

The intentional disruption or blocking of a digital image identification device;

The continued operation of the motor vehicle after the certified ignition interlock device detects breath alcohol exceeding the presumptive limit prescribed in A.R.S. § 28-1381(G)(3) or, if the person is under 21 years of age, any attempt to operate the motor vehicle with any spirituous liquor in the person's body;

Operating a motor vehicle without a properly functioning certified ignition interlock device and;

When a person, who is required to maintain a functioning certified ignition interlock device is starting or operating the motor vehicle, permits another individual 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.

"Corrective action" means an action specified in or reasonably implied from Title 28, Chapter 4, Arizona Revised Statutes, that the Department takes in relation to a person's driving privilege and the usage or discontinuation of usage of a CIID.

"Customer number" means the system-generated, or other distinguishing number, assigned by the Department to each person conducting business with the Department. The customer number of a private individual is generally the person's driver license or non-operating identification license number.

"Data logger" means the electronic record of all ignition interlock device activity during the period when the device is installed.

"Data storage system" means a computerized recording of all events monitored by an ignition interlock device, which may be reproduced in the form of specific reports.

"Defective ignition interlock device" means an ignition interlock device that:

1. Does not meet the NHTSA specifications;

2. Does not pass calibration tests; or

3. Does not meet the accuracy and device standards prescribed in these rules.

"Drive cycle" means either the period of time from when a motor vehicle is initially turned on to the next time the ignition is turned off, or the period of time from when an initial breath alcohol test is performed and failed, to the time a breath alcohol test is successfully taken and the ignition is turned off.

"Early recall" means that a person's ignition interlock device recorded one tampering or circumvention event, any ignition interlock malfunction, or any four valid reportable violations within a continuous 90-day period, that requires a person to return to a service center within 72 hours.

"Emergency bypass" means an event that permits a vehicle equipped with an ignition interlock device to be started without requiring successful completion of a required breath alcohol test.

"Emergency situation" means a circumstance in which the person informs the IISP or IISP-certified technician that the person's vehicle needs to be moved to comply with the law, or the person has a valid and urgent need to operate the vehicle.

"Established place of business" means a business location that is:

Approved by the Department;

Located in Arizona;

Not used as a residence; and

Where an IISP or its agent or subcontractor provides authorized ignition interlock services.

"False sample" means any sample other than the unaltered, undiluted, or unfiltered alveolar breath sample coming from the person.

"Filtered breath sample" means any mechanism by which there is an attempt to remove alcohol from the human breath sample.

"Free restart" means a function of a CIID that will allow a person to restart the vehicle, under the conditions provided in R17-5-615, without completing another breath alcohol test.

"FTP" means file transfer protocol, the exchange of files over any network that supports electronic data interchange reporting that is transmitted through the Internet and prescribed by the Department.

"Global positioning system" means the ability of a wireless certified ignition interlock device to identify and transmit its geographic location through the operation of the device.

"Ignition interlock device installation fee" means the fee required in A.R.S. § 28-1462, and established by the Department in R17-5-614, that is paid by a person to an IISP when a CIID is installed on, or transferred to a person's vehicle.

"Ignition interlock period" means the period in which a person is required to use a CIID that is installed on a vehicle.

"Ignition interlock service provider" or "IISP" 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.

"Improper reporting" means any of the following:

Failure of a manufacturer to report any violations to the Department within 24 hours as required in R17-5-610(D)(1), or failure to send a person's ignition interlock reporting records, including records relating to a violation, to the Department as required in R17-5-612(C) ;

Failure of a manufacturer to submit to the Department valid and substantiated proof or evidence of a reportable activity related to a violation, including a summary report and relevant data loggers as required in R17-5-610(D)(2), within 10 days after the Department's request;

Failure of a manufacturer to electronically send each Certified Ignition Interlock Summarized Reporting Record to the Department within 24 hours, after performing a calibration check, that results in the Department mailing a driver license suspension to a person;

Failure of a manufacturer to electronically send a Certified Ignition Interlock Device Summarized Reporting Record to the Department within 24 hours after installing a CIID;

Electronic reporting by a manufacturer to the Department, of data that is an exact duplicate of a single violation that occurs on a particular day and time and is reported multiple times;

Knowingly reporting a violation that occurs when a participant's vehicle has high or low voltage;

Reporting an incident that occurs when a person has a free restart test to start the person's vehicle;

Reporting an incident that occurs in which a manufacturer downloads data from the device during a calibration check and tampers with the data or a CIID;

Failure of a manufacturer to validate any person's ignition interlock period extension within 10 days; or

Reporting an incident that occurs after the person's vehicle is turned off.

"Independent laboratory" means a testing facility, not owned or operated by a manufacturer, that can test an ignition interlock device according to the Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013, with the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30, 2015.

"Manufacturer" means a person or an organization that is located in the United States, that is responsible for the design, construction, and 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.

"Material modification" means a change to a CIID that affects the functionality of the device.

"Missed rolling retest" means the person refused or failed to provide a valid and substantiated breath sample while operating the motor vehicle, in response to a requested rolling retest within the time period prescribed in R17-5-615(E).

"Mobile services" means ignition interlock services provided by an IISP or its agents or subcontractors at a publicly accessible location other than the IISP's service center, that meet the requirements of R17-5-618.

"NHTSA" means the United States Department of Transportation's National Highway Traffic Safety Administration.

"NHTSA specifications" means the specifications for breath alcohol ignition interlock devices published at 78 FR 26862 to 26866, May 8, 2013, with the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30, 2015.

"Permanent lock-out" means a feature of the CIID in which a motor vehicle will not start until the CIID is reset by an IISP or an IISP-certified technician.

"Person" means a person who is ordered by an Arizona court or the Department to equip each motor vehicle operated by the person with a functioning CIID, and who becomes a customer of an IISP for installation and servicing of the CIID.

"Positive result" means a test result indicating that the alcohol concentration meets or exceeds the set point value.

"Principal place of business" means the administrative headquarters of a manufacturer or an IISP that is located in Arizona, is zoned for commercial, and is not used as a residence.

"Purge" means any mechanism that cleanses or removes a previous breath or reference sample from the device and specifically removes alcohol.

"Real-time" or "real-time reporting" means the instant transmission of unfiltered ignition interlock violations as defined in R17-5-601, and data as prescribed in R17-5-610, including digital images, to the manufacturer's website for viewing by the Department without delay, as electronic or digital service permits.

"Reference sample device" means a device containing a sample of known alcohol concentration.

"Reference value" means an alcohol reference solution prepared and tested in a laboratory with a reference value and used to perform an accuracy check of the calibration of a CIID.

"Retest set point" has the same meaning as set point.

"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.

"Service center" means an established place of business approved by the Department from which an IISP or its agents or subcontractors provide ignition interlock services to persons from one or more counties.

"Set point" means an alcohol concentration of 0.020 g/210 liters of breath.

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

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

"Temporary lock-out" means a feature of the CIID which will not allow a motor vehicle to start for five minutes after a breath alcohol test result indicating an alcohol concentration above the set point.

"Vehicle identification number" or "VIN" means the unique code, including serial number, used by an automobile manufacturer to identify a specific motor vehicle.

"Violation" (when referencing acts or omissions on the part of a person in the ignition interlock program) includes, but is not limited to any of the following reportable activities performed by a person which a manufacturer shall promptly report to the Department:

Circumventing the CIID as defined in R17-5-601 ;

Tampering with the CIID as defined in A.R.S. § 28-1301;

Failing to provide proof of compliance or inspection of the CIID under A.R.S. § 28-1461(E)(4);

Attempting to operate the vehicle with an alcohol concentration of 0.08 or more as prescribed in A.R.S. § 28-1461(E)(5) if the person is at least 21 years of age;

Attempting to operate the vehicle with an alcohol concentration value in excess of the set point if the person is under 21 years of age;

Refusing or failing to provide any set of three consecutive valid and substantiated breath samples in response to a requested rolling retest within an 18-minute time frame during a person's drive cycle;

Disconnecting or removing a CIID, except:

On repair of the vehicle, if the person provided to the IISP, technician, or service center advance notice of the repair and the anticipated completion date; or

On moving the device from one motor vehicle to another motor vehicle if replacement of the device is accomplished within 72 hours of device removal.

"Violation reset" means the unplanned servicing and inspection of a CIID and the downloading of information from its data storage system by an IISP as a result of an early recall that requires the manufacturer to unlock the device.

History

• New Section recodified from R17-4-709 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.

Ariz. Admin. Code § R17-5-602 Ignition Interlock Device Manufacturer Certification; Expiration; Cancellation of Certification; Notice

A. An ignition interlock device manufacturer shall obtain certification by the Department under this Article before offering a new ignition interlock device model and before making material modifications to an existing ignition interlock device model for implementation and installation under Arizona law.

B. Ignition interlock device certification by an ignition interlock device manufacturer shall occur prior to the IISP signing an authorization agreement with the Department.

B.C. After receiving Department certification for a new ignition interlock device model and meeting all the requirements under R17-5-604, the ignition interlock device manufacturer is effectively certified by the Department to offer the certified ignition interlock device model for installation under Arizona law.

C.D. An ignition interlock device manufacturer shall submit a new application to the Department under R17-5-604 for the certification of each new ignition interlock device model the manufacturer intends to offer for installation.

D.E. Manufacturer certification issued by the Department under this Article shall automatically expire if:

1. The manufacturer no longer provides at least one currently certified ignition interlock device model for installation under Arizona law; and

2. The manufacturer has no pending application on file with the Department for the certification of a device under R17-5-604 .

F. Manufacturer certification of an ignition interlock device that was previously approved by the Department under this Article shall automatically expire within one year after the certification is granted if the manufacturer has not contracted with an IISP currently contracted with the Department to install the CIID.

G. If the Director cancels a manufacturer's device certification, the Director shall notify each participant with the manufacturer's certified ignition interlock device that the participant has 30 days to obtain another installer.

H.G. After the one-year cancellation period in subsection (F) ends, a manufacturer may reapply to the Department for certification by completing a new application for the certification of a device and meeting all certification requirements under this Article.

E H. If the Department determines that a manufacturer fails to properly report ignition interlock information and data to the Department in the manner prescribed in these rules, the Department may immediately provide written notice to the manufacturer with the following information:

1. The name of the person and the date of the improper reporting; and

2. The manufacturer shall send the required record or report to the Department within ten business days, if applicable.

F.I. If the manufacturer fails to remedy the issues identified in the notice within ten business days, the Department may cancel the manufacturer device certification.

I.J. If a manufacturer's certification expires as a result of subsections (E)(1) and (E)(2), the manufacturer may reapply for certification by submitting a new application to the Department for the certification of a device under R17-5-604 .

K. A manufacturer shall only appoint one IISP that is contracted with the Department and serves as an authorized representative of the manufacturer to provide ignition interlock services to the public.

L. A manufacturer shall notify the Department within 24 hours if an IISP is no longer authorized by a manufacturer to install its CIID.

History

• New Section recodified from R17-4-709.01 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-602 renumbered to R17-5-604 ; new R17-5-602 made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-603 Device Requirements, Technical Specifications, and Standards for Setup and Calibration

A. The accuracy of the CIID shall be determined by analysis of an external standard generated by a reference sample device.

B. A device shall have a demonstrable feature designed to assure that a breath sample measured is essentially alveolar.

C. A test of alcohol-free samples shall not yield a positive result. Endogenously produced substances capable of being present in the breath shall not yield or significantly contribute to a positive result.

D. All devices shall meet the setpoint requirements of R17-5-601 and the following requirements:

1. Be calibrated to have an accuracy within plus or minus 0.005 g/210L of the reference value;

2. Be calibrated using a known reference value between .020 g/210L and .050 g/210L; and

3. Be accompanied by a Certificate of Analysis (COA).

E. A device shall be designed so that anticircumvention features will be difficult to bypass.

1. Anticircumvention provisions on the device shall include, but are not limited to, prevention or preservation of any evidence of circumvention by attempting to use a false or filtered breath sample or electronically bypassing the breath sampling requirements of a device.

2. A device shall use special seals or other methods that reveal attempts to bypass lawful device operation.

F. A CIID shall have global positioning system capability, and the manufacturer shall electronically and wirelessly download in realtime from the device and transmit daily to the Department, a person's ignition interlock activity in an FTP batch file.

G. A CIID shall be equipped with a camera, which shall not distract or impede the driver in any manner from safe and legal operation of the vehicle, shall record all ignition interlock activity of the person, and shall provide any visual evidence of actual or attempted tampering, alteration, bypass, or circumvention, and report this information directly to the manufacturer.

H. The camera shall be able to record and store visual evidence of each person providing a breath alcohol test, and shall meet the following requirements:

1. At device installation, the camera shall take a reference picture of the person, which shall be kept on file;

2. A clear digital image shall be taken for each event, including initial vehicle start, all rolling retests, and whenever a violation is recorded;

3. Each digital image shall be a wide-angle view of the front cabin of the vehicle, including the passenger side, to ensure the camera can clearly capture the entire face of the person and any passengers; and

4. The camera shall produce a digital image of the person in all lighting conditions, including brightness, darkness, and low light conditions.

I. A device shall:

1. Automatically purge alcohol before allowing analysis.

2. Have a data storage system with the capacity to sufficiently record and maintain a record of the person's daily driving activities that occur between each regularly scheduled calibration check referenced under R17-5-610 and R17-5-706 . An IISP shall download and transmit any digital images taken during a person's calibration check, during each rolling retest, and each time a person with the ignition interlock requirement or another individual starts the motor vehicle. A manufacturer shall make these digital images available to the Department on request.

3. Use the most current version of the manufacturer's software and firmware to ensure compliance with this Article and any other applicable rule or statute. The manufacturer's software and firmware shall:

a. Require device settings and operational features to include, but not limited to, sample delivery requirements, the set point, free restart, rolling retest requirements, violation settings, and temporary and permanent lock-outs; and

b. Prohibit modification of the device settings or operational features by a service center, or an IISP-certified technician unless the Department approves the modification under subsection (J).

4. Record all emergency bypasses in its data storage system.

5. Provide a visual reminder on the device that a calibration check must be performed on the person's CIID every 90 days, with prominent device notifications during each 77-day to 90-day interval within a person's ignition interlock period, of the following:

a. The device needs service; and

b. The time remaining until a permanent lock-out occurs.

Notify a person that failure to get the calibration check, including calibration and data download, by the end of each 90-day period will cause the vehicle to be in a permanent lock-out mode, and shall record the event in the data storage system.

7. On recording a violation of A.R.S. Title 28, Chapter 4, Article 5 for one instance of tampering or circumvention, any ignition interlock device malfunction, or any four valid reportable violations within a continuous 90-day period, emit a unique cue, either auditory, visual, or both, to warn a person that an early recall is initiated, requiring the person to return to the IISP in 72 hours for a violation reset.

8. Enter into a permanent lock-out if a person does not return to the IISP for a violation reset within 72 hours after an early recall occurs.

9. When a violation results in a permanent lock-out mode, the device shall:

a. Immobilize the person's vehicle;

b. Uniquely record the event in the data storage system; and

c. Require a violation reset by the IISP.

10. Enter into a temporary lock-out mode for five minutes when the device detects during the initial breath alcohol test that a person's breath alcohol concentration is at or above the set point.

11. After the five-minute temporary lock-out, the device shall allow subsequent breath alcohol tests with no further lock-out as long as each subsequent test produces a valid and substantiated breath test.

12. Have security protections and the capability to provide visual evidence of any actual or attempted tampering, alteration or bypass of the device, or circumvention.

J. No modification shall be made to the design or operational concept of a device model after the Department has certified the device for installation under Arizona law, except that:

1. A software or firmware update required to maintain a device model is permissible if the update does not modify the design or operational concept of the device.

2. Replacement, substitution, or repair of a part required to maintain a device model is permissible if the part does not modify the design or operational concept of the device.

3. If a manufacturer determines that an existing Department-certified ignition interlock device model requires any modification, the manufacturer shall immediately notify the Department.

History

• New Section recodified from R17-4-709.02 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-603 renumbered to R17-5-606 ; new R17-5-603 made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.

Ariz. Admin. Code § R17-5-604 Ignition Interlock Device Certification; Application Requirements

A. A manufacturer shall offer for installation only an ignition interlock device that is certified by the Department under this Section.

B. To certify an ignition interlock device model, a manufacturer shall submit to the Department a properly completed application form that provides:

1. The manufacturer's name;

2. The address of the manufacturer's principal place of business in this state and telephone number;

3. The manufacturer's status as a sole proprietorship, partnership, limited liability company, or corporation;

4. The name of the sole proprietor or of each partner, officer, director, manager, member, agent, or 20% or more stockholder;

5. The name and model number of the ignition interlock device and the name under which the ignition interlock device will be marketed; and

6. The manufacturer's electronic mail address.

7. The following statements, signed by the manufacturer:

a. A statement that all information provided on the application form, including all information provided on any attachment to the application form, is complete, true, and correct;

b. A statement that the manufacturer agrees to indemnify and hold harmless the state of Arizona and any department, division, agency, officer, employee, or agent of the state of Arizona from all liability for:

i. Damage to property or injury to people arising, directly or indirectly, out of any act or omission by the manufacturer or the manufacturer's authorized IISP relating to the installation and operation of the ignition interlock device; and

ii. All court costs, expenses of litigation, and reasonable attorneys' fees;

c. A statement that the manufacturer agrees to comply with all requirements under this Article; and

d. A statement that the manufacturer agrees to immediately notify the Department of any change to the information provided on the application form.

C. A manufacturer shall submit the following additional items with the application form:

A document that provides a detailed description of the ignition interlock device and a digital image, drawing, or other graphic depiction of the device;

2. A document that contains the complete technical specifications for the accuracy, reliability, security, data collection, recording, and tamper detection capabilities of the ignition interlock device;

3. An independent laboratory's report for each device model that:

a. Presents supporting data to demonstrate that the ignition interlock device meets or exceeds the test results required by the Model Specifications For Breath Alcohol Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013, with the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30, 2015. The NHTSA specifications and technical corrections are incorporated by reference and are on file with the Department at 206 S. 17th Avenue, Phoenix, AZ 85007, and the NHTSA Office of Research and Technology, 1200 New Jersey Avenue SE, Washington, D.C. 20590. This incorporation by reference contains no future editions or amendments;

b. Provides the independent laboratory's name, address, and telephone number; and

c. Provides the name and model number of the ignition interlock device tested.

4. A laboratory certification form, signed by an authorized representative of the independent laboratory that prepared the report required under subsection (C)(3), that states all of the following:

a. The laboratory is not owned or operated by a manufacturer and no other conflict of interest exists.

b. The laboratory tested the ignition interlock device in accordance with the Model Specifications For Breath Alcohol Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013 with the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30, 2015.

c. The laboratory confirms that the ignition interlock device meets or exceeds the test results required under the Model Specifications For Breath Alcohol Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013, with the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30, 2015.

d. The laboratory used properly maintained equipment and trained personnel to test the ignition interlock device.

e. The laboratory presented accurate test results to the Department.

5. A certificate of insurance, issued by an insurance company authorized to transact business in Arizona, specifying:

a. A product liability policy with a current effective date;

b. The name and model number of the ignition interlock device model covered by the policy;

c. Policy coverage of $1,000,000 and $3,000,000 in the aggregate;

d. The manufacturer as the insured and the state of Arizona as an additional insured;

e. Product liability coverage for defects in manufacture, materials, design, calibration, installation, and operation of the ignition interlock device; and

f. The insurance company shall notify the Department's Risk Management, Insurance and Indemnification Section in writing at least 30 days before canceling the product liability policy.

6. A statement that the ignition interlock device has a camera, includes a global positioning system, and provides real-time reporting.

D. For any installation of a certified ignition interlock device or any replacement of a device on a person's motor vehicle with another device, an IISP or an IISP-certified technician shall install only a certified ignition interlock device that meets the additional requirements in this Article, and meets or exceeds the test results required by the Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013, with the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30, 2015.

E. A person whose CIID was installed prior to July 1, 2018, that does not meet all the requirements of Subsection (D) shall return to the person's IISP by October 1, 2020 to exchange the CIID for a CIID that meets all the requirements of Subsection (D).

History

• New Section recodified from R17-4-709.03 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-604 renumbered to R17-5-607 ; new R17-5-604 renumbered from R17-5-602 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.

Ariz. Admin. Code § R17-5-605 Application Processing; Time Frames; Exception

A. The Department shall process an application for ignition interlock device certification only if an applicant meets all applicable application requirements.

B. The Department shall, within 10 days of receiving an application for certification, provide notice to the applicant that the application is either complete or incomplete.

1. The date of receipt is the date the Department receives the application.

2. If an application is incomplete, the notice shall specifically identify what require

C. An applicant with an incomplete application shall provide all missing information to the Department within 15 days of the date indicated on the notice provided by the Department under subsection (B)

1. After receiving all of the required information, the Department shall notify the applicant that the application is complete.

2. The Department may deny certification of an ignition interlock device if the applicant fails to provide the required information within 15 days of the date indicated on the notice.

D. Except as provided under subsection (F), the Department shall render a decision on an application for certification of an ignition interlock device within 30 days of the date indicated on the notice acknowledging receipt of a complete application provided to the applicant under subsections (B) or (C)(1).

E. For the purpose of A.R.S. § 41-1073, the Department establishes the following time frames for processing an application for certification of an ignition interlock device

1. Administrative completeness review time frame: 10 days.

2. Substantive review time frame: 30 days.

Overall time frame: 40 days.

F. Established time frames may be suspended by the Department under A.R.S. § 41-1074 for certification of an ignition interlock device until the Department receives all external agency approvals required for certifying a new ignition interlock device model from the Department of Public Safety.

History

• New Section recodified from R17-4-709.04 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-605 renumbered to R17-5-608 ; new R17-5-605 made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-606 Application Completeness; Denial of Ignition Interlock Device Certification; Hearing

A. An application for certification of an ignition interlock device model is complete when the Department receives:

1. From the manufacturer, a properly prepared application form;

2. From the manufacturer, all additional items required under R17-5-604(C) ;

3. From the Department of Public Safety, under A.R.S. § 28-1462, written confirmation or disapproval of the independent laboratory's report that the ignition interlock device meets or exceeds the NHTSA specifications in R17-5-604(C) ; and

4. From the manufacturer, a letter or notification that the device meets the following standards:

a. The anticircumvention features in R17-5-603(E),

b. The data storage capacity requirement in R17-5-603(I)(2), and

c. The constant communication requirement in R17-5-610(O).

B. The Director shall deny an application for certification of an ignition interlock device model if all requirements of subsection (A) are not met, or on finding any of the following:

1. The design, material, or workmanship is defective, causing the ignition interlock device model to fail to function as intended;

2. The manufacturer's product liability insurance coverage is terminated or canceled;

3. The manufacturer no longer offers the ignition interlock device model for installation under Arizona law;

4. The manufacturer or the independent laboratory provided false or inaccurate information to the Department relating to the performance of the ignition interlock device model;

5. The components, design, or installation and operating instructions have undergone a modification that causes the ignition interlock device model to be out of compliance with the NHTSA specifications in R17-5-604(C), the requirements in this Article; or

The Department receives a report of device disapproval from an independent laboratory or other external reviewer.

C. The Department shall mail to the manufacturer, written notification of the certification or denial of certification of an ignition interlock device model. A notice denying certification of an ignition interlock device model shall specify the basis for the denial and indicate that the applicant may, within 15 days of the date on the notice, request a hearing on the Director's decision to deny certification by filing a written request with the Department's Executive Hearing Office as prescribed under 17 A.A.C. 1, Article 5.

D. If a manufacturer timely requests a hearing on the Director's decision to deny certification of an ignition interlock device model, the Department's Executive Hearing Office shall conduct the hearing as provided under A.R.S. Title 41, Chapter 6, Article 6, and 17 A.A.C. 1, Article 5.

History

• New Section recodified from R17-4-709.05 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-606 renumbered to R17-5-609 ; new R17-5-606 renumbered from R17-5-603 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.

Ariz. Admin. Code § R17-5-607 Cancellation of Device Certification; Hearing

A. The Director shall cancel an ignition interlock device model certification and remove the device from its list of CIID's on finding any of the following:

The design, material, or workmanship contains a defect that causes the ignition interlock device model to fail to function as intended;

2. The manufacturer's product liability insurance coverage is terminated or canceled;

3. The manufacturer no longer offers the ignition interlock device model for installation under Arizona law;

4. The manufacturer or independent laboratory provided false or inaccurate information to the Department relating to the performance of the ignition interlock device model;

5. The components, design, or installation and operating instructions have undergone a modification that causes the ignition interlock device model to be out of compliance with the NHTSA specifications in R17-5-604(C) ;

6. The manufacturer instructs the Department to cancel its certification of the ignition interlock device model;

7. The manufacturer, the IISP, or the device does not comply with this Article or any other applicable rule or statute; or

8. If the manufacturer has not contracted with an IISP authorized by the Department within one year after the device model certification.

B. The Department, on finding any of the conditions described under subsection (A), or on finding that the manufacturer failed to timely remedy the issues identified in the notice provided under R17-5-602(H), shall mail to the manufacturer a notice and order of cancellation of certification for the specific ignition interlock device model. The notice and order of cancellation shall:

1. Specify the basis for the action;

2. Specify the date when the one-year decertification begins and ends; and

3. State that the manufacturer may, within 15 days after receipt of a notice and order of manufacturer device model cancellation, file a written request for a hearing with the Department's Executive Hearing Office as prescribed under 17 A.A.C. 1, Article 5, to show cause as to why the ignition interlock device certification should not be cancelled.

C. If a hearing to show cause is timely requested, the Department's Executive Hearing Office shall conduct the hearing as prescribed under A.R.S. Title 41, Chapter 6, Article 6, and 17 A.A.C. 1, Article 5. The request for a hearing stays the summary cancellation of manufacturer device model certification.

D. Within 10 days after a hearing, the hearing officer shall issue to the manufacturer a written decision, which shall:

1. Provide findings of fact and conclusions of law; and

2. Grant or cancel the certification.

E. If the hearing officer affirms the manufacturer device model cancellation, the manufacturer may seek judicial review under A.R.S. Title 12, Chapter 7, Article 6, within 35 days of the date when a copy of the decision sought to be reviewed is served upon the party affected unless the court grants a stay while the appeal is pending.

F. Within 60 days after the effective date of an order of cancellation, the manufacturer shall, at the manufacturer's own expense, ensure the removal of all ignition interlock devices that are not certified and facilitate the replacement of each device with a CIID.

G. The manufacturer of a previously decertified ignition interlock device model may reapply to the Department for certification of another ignition interlock device model under R17-5-604 after the one-year device decertification period ends.

H. After cancellation, the Department shall notify the IISP and the IISP-certified technicians that each of them is prohibited from installing the ignition interlock device for which the device certification was cancelled.

I. Cancellation of a manufacturer's device model certification prohibits the manufacturer from performing its duties with respect to the device model that has been cancelled and making the device model available for installation in the state for a period of one year from the latest of the following dates when:

1. The Department cancels a manufacturer's device model certification, or

The Department's Executive Hearing Office cancels the manufacturer's device model certification.

History

• New Section recodified from R17-4-709.06 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-607 renumbered to R17-5-610 ; new R17-5-607 renumbered from R17-5-604 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-608 Modification of a Certified Ignition Interlock Device Model

A. A manufacturer shall notify the Department in writing at least 10 days before a material modification is made to a certified ignition interlock device model.

B. Before providing a previously certified but materially modified ignition interlock device model for installation in a motor vehicle under an order of an Arizona court or the Department, a manufacturer shall:

1. Submit to the Department a completed application form with the information required under R17-5-604(B) and all additional items required under R17-5-604(C), and

2. Obtain certification of the materially modified ignition interlock device from the Department.

C. The Department's certification of a materially modified ignition interlock device model does not affect the original certification of the unmodified model.

History

• New Section recodified from R17-4-709.07 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-608 renumbered to R17-5-611 ; new R17-5-608 renumbered from R17-5-605 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-609 IISP and Manufacturer Responsibilities

A. An IISP shall refer a person only to the IISP's certified technician.

B. An IISP shall provide the Department and each person with a toll-free telephone number to call to obtain the names and phone numbers of the IISP's certified technicians, the IISP service center locations, and hours of operation for the IISP service centers.

C. An IISP shall certify each technician by providing adequate training and oversight for the technician to perform one of the activities at a service center, which are installation, inspection, calibration, service, or removal of a CIID.

D. An IISP shall provide to every person operating a motor vehicle equipped with a CIID, and any other persons who will operate the motor vehicle, training on how to operate the motor vehicle. An IISP shall instruct the person on all of the following:

1. How to use the system;

2. How to obtain service for the CIID;

3. How to find answers to any additional questions;

4. How the alcohol retest feature works;

How drinking alcohol before a test may result in a reading of sensitive or fail;

6. How the CIID shall not be removed, except by an IISP or IISP-certified technician;

7. How noncompliance with a regularly scheduled calibration check for a person with a limited or restricted driving privilege shall result in suspension of the person's driving privilege under A.R.S. § 28-1463 until proof of compliance is submitted to the Department under A.R.S. § 28-1461, and the duration of the person's certified ignition interlock device requirement shall be extended under A.R.S. § 28-1461;

8. What the penalties are for circumvention of the CIID;

9. What the penalties are for tampering with, or misusing the CIID;

10. What will happen after failing a start-up breath alcohol test;

11. What will happen after a person has a set of three consecutive valid and substantiated missed rolling retests within an 18-minute time frame during a drive cycle; and that a person shall not avoid compliance with the rolling retest requirement by turning off a motor vehicle's ignition or by keeping the motor vehicle in operation while the vehicle is parked, and leaving the vehicle when a rolling retest is requested;

12. What events or actions will result in a temporary or permanent lock-out of the CIID; and

13. How to provide a properly delivered alveolar breath sample.

E. An IISP shall have each person sign a document stating that the IISP has instructed the person regarding each topic contained in subsections (D) and (L), and has received the manufacturer's written instructions for operation of the CIID.

F. An IISP shall inform a person that a compliance check on a CIID is required 30 days and 60 days after installation of the device, which shall be done electronically.

G. An IISP shall inform each person to bring the vehicle to a service center for a calibration check within every 77 to 90-day period until the person is eligible for device removal.

H. An IISP shall check each CIID for evidence of tampering at least once every 90 days or more frequently if needed. This anticircumvention check shall be conducted at each person's calibration check at a service center as required under R17-5-706.

I. An IISP shall ensure that the manufacturer reports to the Department electronically under R17-5-610 if any evidence of tampering is discovered, and the manufacturer shall submit valid and substantiated proof or evidence of a reportable activity. An IISP shall keep visual evidence of a person's tampering or circumvention for a minimum of three years after the termination of the person's required ignition interlock period.

J. An IISP shall submit to the Department a list of the IISP-certified technicians, subcontractors, or agents, and service centers at the beginning of the contract with the Department, within 5 business days of making a change to the list previously provided, and on a monthly basis as requested by the Department.

K. An IISP shall comply with the provisions of this Article and A.R.S. Title 28, Chapter 4, Article 5.

L. A manufacturer shall develop and an IISP shall provide each person a reference and problem solving guide at the time of installation that shall include information on the following:

1. Operating a motor vehicle equipped with the CIID;

2. Cleaning and caring for the CIID;

3. Identifying and addressing any vehicle malfunctions or repairs that may affect the CIID; and

4. How to properly take a valid and substantiated rolling retest.

M. A manufacturer shall notify the Department within 10 days of a change of address of its principal place of business in this state.

N. A manufacturer or an IISP shall provide a warning label, for each CIID installed, which shall have an orange background and shall include the following:

1. Be a minimum size of two inches by one inch;

2. Be printed in a minimum of nine-point font;

3. Be printed in Arial font, or a font of substantially similar size and legibility; and

4. Contain the words in black lettering: "Warning! Any person tampering with, circumventing, or otherwise misusing this Ignition Interlock Device, is guilty of a Class 1 misdemeanor."

O. A manufacturer shall ensure that the IISP or the IISP-certified technician affixes conspicuously and maintains on each installed CIID the warning label described under subsection (N), which may be affixed to the device or to the device's cord.

P. A manufacturer shall develop written instructions for the installation and removal of an ignition interlock device from a motor vehicle.

Q. While a person maintains a functioning CIID in a vehicle under A.R.S. Title 28, Chapter 4, Article 5, the ignition interlock manufacturer shall electronically provide to the Department and transmit daily to the Department the information and reports prescribed in R17-5-610 and R17-5-615.

R. The manufacturer is responsible for overseeing any agents or subcontractors, including vendors and distributors, as well as overseeing the manufacturer's IISP to ensure adherence to all performance standards.

History

• New Section recodified from R17-4-709.08 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-609 renumbered to R17-5-612 ; new R17-5-609 renumbered from R17-5-606 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.

Ariz. Admin. Code § R17-5-610 Reporting; Reportable Activity

A. A person shall have installed in a motor vehicle, only an ignition interlock device certified by the Department under R17-5-604.

B. A manufacturer shall develop and the IISP shall ensure that each IISP-certified technician complies with the IISP's written procedures for the installation of a CIID.

C. Certified ignition interlock device installation verification.

1. A manufacturer shall electronically transmit a Certified Ignition Interlock Device Summarized Reporting Record to the Department within 24 hours of the device installation.

2. The electronic Certified Ignition Interlock Device Summarized Reporting Record for installation verification shall contain all of the following information:

a. Department-assigned service center number;

b. Person's full name (first, middle, last and suffix);

c. Date of birth;

d. Driver license or customer number;

e. Report date;

f. Install date;

g. Report type;

h. Technician identification number;

i. A unique identification number for the CIID;

j. The last six digits of the vehicle identification number that matches the vehicle information on the data logger; and

k. Whether the Department, a court, or an out-of-state entity requires a person to have a CIID.

D. Certified ignition interlock device calibration check.

1. A manufacturer shall electronically transmit a Certified Ignition Interlock Device Summarized Reporting Record to the Department within 24 hours after performing a calibration check on an installed CIID.

2. A manufacturer shall submit to the Department the following valid and substantiated proof or evidence of a reportable activity related to a violation, as prescribed in subsection (F), within 10 days by electronic means, which shall include:

a. A summary report stating why the data logger or any other evidence confirms the occurrence of a violation, including any digital images of the person; and

b. A data logger that shows at least 12 hours of data before and after the violation.

3. A manufacturer may submit to the Department the following additional valid and substantiated proof or evidence of a reportable activity related to a violation, as prescribed in subsection (F), if available, within 10 days by electronic means, which may include:

a. Photographs;

b. a. Video recordings;

c. b. Written statements; and

d. c. Any other evidence relevant to a violation.

4. The electronic Certified Ignition Interlock Device Summarized Reporting Record for the calibration check shall contain all of the following information:

a. Department-assigned service center number;

b. Person's full name (first, middle, last and suffix);

c. Date of birth;

d. Driver license or customer number;

e. Report date;

f. Install date;

g. Report type;

h. Missed rolling retest count, dates, and times;

i. Technician identification number;

j. Alcohol concentration violation count, dates, time, and alcohol concentration;

k. Tampering violation count, dates, and time;

l. Circumvention count, dates, and time;

m. Device download date;

n. Device download time;

o. Bypass code indication, date, and time;

p. A unique identification number for the CIID;

q. The last six digits of the vehicle identification number that matches the vehicle information on the data logger; and

r. Whether the Department, a court, or an out-of-state entity requires a person to have a CIID.

E. Certified ignition interlock device removal report.

1. When a certified ignition interlock device is removed, a manufacturer shall electronically transmit a Certified Ignition Interlock Device Summarized Reporting Record to the Department within 24 hours.

2. The electronic Certified Ignition Interlock Device Summarized Reporting Record for removal of a device shall indicate the condition of noncompliance and contain all of the following information:

a. Department-assigned service center number;

b. Person's full name (first, middle, last and suffix);

c. Date of birth;

d. Driver license or customer number;

e. Report date;

f. Install date;

g. Removal date;

h. Report type;

i. Technician identification number;

j. A unique identification number for the CIID;

k. The last six digits of the vehicle identification number that matches the vehicle information on the data logger;

l. Whether the Department, a court, or an out-of-state entity requires a person to have a CIID;

m. Missed rolling retest count, dates, and times;

n. Device download date; and o. Device download time.

F. Reportable activity for a person's noncompliance with these rules and A.R.S. Title 28, Chapter 4, Article 5, shall be limited to valid and substantiated instances by a person of any of the following transmitted electronically and wirelessly by the manufacturer to the Department in real-time within 24 hours:

1. Tampering with a CIID as defined in A.R.S. § 28-1301;

2. Refusing or failing to provide any set of three consecutive valid and substantiated breath samples in response to a requested rolling retest within an 18-minute time frame during a person's drive cycle;

3. Failing to provide proof of compliance or inspection of the CIID as required under A.R.S. § 28-1461(E)(4);

4. Attempting to operate the vehicle with an alcohol concentration of 0.08 or more as prescribed in A.R.S. § 28-1461(E)(5) if the person is at least 21 years of age;

5. Attempting to operate the vehicle with an alcohol concentration in excess of the set point if the person is under 21 years of age;

6. Circumvention of a CIID as defined in R17-5-601 ; or

7. Disconnecting or removing a CIID, except:

a. On repair of the vehicle, if the person provided to the IISP, technician, or service center advance notice of the repair and the anticipated completion date; or

b. On moving the device from one motor vehicle to another motor vehicle if replacement of the device is accomplished within 72 hours of device removal.

G. A person shall not avoid compliance with the rolling retest requirement by turning off a motor vehicle's ignition or by keeping the motor vehicle operating while the vehicle is parked, and leaving the vehicle when a rolling retest is requested. A missed rolling retest is reportable activity for a person's noncompliance under subsection (F).

H. A manufacturer shall screen each person's data loggers to ensure that there is no improper reporting.

I. A manufacturer shall ensure that a CIID has the necessary programming to identify each person's ignition interlock period and each drive cycle to report and send data and violations to the Department as required by these rules.

J. A manufacturer shall review within 10 days all reports sent by the Department and returned to the manufacturer for verifi-cation of accurate reporting. If a manufacturer finds that the reported information does not indicate valid and substantiated evidence of a violation, the manufacturer shall immediately contact the Department to correct the person's record before corrective action is initiated against a person as a result of misreported ignition interlock data.

K. A manufacturer shall immediately contact the Department if the manufacturer finds that the reported information indicates:

1. An obvious mechanical failure of a CIID;

2. Obvious errors in the recorded CIID data that cannot be attributed to a person's actions;

3. Obvious errors in the transmission of CIID data to the Department, including misreported instances of tampering; or

4. Submission of an extension of a person's ignition interlock period or a violation to the Department when a person was not in the vehicle to take the rollmg retests.

L. A manufacturer shall ensure that a CIID electronically and wirelessly uploads data in real-time to the manufacturer's website, that is maintained by the manufacturer, and the manufacturer shall submit all required information and reports in a daily FTP file to the Department.

M. In cases where no electronic or digital service exists, the manufacturer shall store the data and send the data as soon as electronic or digital service is available.

N. A manufacturer shall include the date of the last upload on the person's account on the manufacturer's website.

O. A CIID shall have constant communication between the manufacturer's server and relay unit while the device is in use.

P. All data, including digital images, shall be available to the Department for viewing on the manufacturer's website within five minutes after the data is recorded on the device, or as soon as electronic or digital reception permits.

History

• New Section recodified from R17-4-709.09 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-610 renumbered to R17-5-703 ; new R17-5-610 renumbered from R17-5-607 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.

Ariz. Admin. Code § R17-5-611 Emergency Assistance; Continuity of Service to Persons

A. For events occurring outside of normal business hours, an IISP shall provide to each person a 24-hour emergency toll-free phone number answered by a live person at all times, to provide assistance in the event a CIID fails to operate properly or a vehicle experiences a problem relating to the installation, operation, or failure of a CIID.

1. During normal business hours, if the IISP or technician receives a call for emergency assistance, and determines that a vehicle is experiencing a problem relating to the installation, operation, or failure of a CIID, an IISP or a technician shall respond to the call within 24 hours of the initial contact and shall be available either to:

a. Provide telephonically, the technical information required for the person to resolve the issue; or

b. Provide or arrange for appropriate towing or roadside assistance services if unable to resolve the issue telephonically.

2. After receiving a person's call for emergency or other assistance, the IISP, technician, or manufacturer, as appropriate, shall either:

a. Make the CIID functional, if possible, within 24 hours, or

b. Replace or repair the CIID within 48 hours of the initial contact.

B. An IISP shall ensure uninterrupted service to a person for the duration of the person's ignition interlock period, which shall include facilitating the replacement of a technician, subcontractor, or an employee or agent who goes out of business, is removed, or a technician whose certification is cancelled by the IISP.

1. If a manufacturer terminates the IISP's authorization, the manufacturer shall obtain each person's records from the IISP and retain the records according to R17-5-612 .

a. Obtain participant records from its formerly authorized installer; and

b. Provide the participant records to a new authorized installer for retention according to R17-5-612 ; or

c. Retain the participant records according to R17-5-612, if a new authorized installer is not appointed.

2. At the end or termination of an ignition interlock service authorization agreement, the manufacturer shall provide the Department with electronic access to each person's ignition interlock records for three years.

2. 3. If a manufacturer authorizes a new IISP, the manufacturer shall notify each person affected by the authorization of the new IISP at least 30 days before the authorization becomes effective.

a. Ensure that the new authorized installer operates either:

i. A mobile service center that is located within 75 miles of the Arizona residence of each participant with an installed certified ignition interlock device provided by the manufacturer; or

ii. A service center that is a permanent facility located within 125 miles of the Arizona residence of each participant with an installed certified ignition interlock device provided by the manufacturer; and

b. Notify each participant affected by the appointment of the new authorized installer at least 30 days before the appointment becomes effective.

3. 4. If a manufacturer does not authorize a new IISP, the manufacturer at no cost to the person, shall:

a. Provide written notification to all persons who are affected by the loss of an IISP or lack of service in an area, at least 30 days before the IISP discontinues service. The written notification shall inform the person of the manufacturer's responsibility to facilitate removal and replacement of the CIID and shall provide the instructions necessary for the person to successfully exchange the device;

b. Remove the device f rom the vehicle of each affected person; and

c. Facilitate the replacement of each device through a manufacturer with an IISP that can provide service.

4. 5. A manufacturer shall notify the Department within 24 hours of replacing its IISP.

5. 6. An IISP shall submit to the Department an updated list of the IISP's certified technicians within 5 business days after making a change to the list provided to the Department under R17-5-609(J).

C. Except in an emergency situation, a manufacturer, an IISP, or an IISP's-certified technician shall not remove another manufacturer's CIID without the express permission of that manufacturer.

1. If in an emergency situation a manufacturer, an IISP, or the IISP's-certified technician removes another manufacturer's CIID, that manufacturer, IISP, or the IISP's-certified technician shall return the device to the original manufacturer within 72 hours of the emergency removal; and

The original manufacturer, on receipt of the device, shall provide to the Department an electronic report of the device removal under R17-5-610, which shall include the transmission of all data stored in its data storage system.

D. In accordance with the IISP's implementation plan, an IISP shall facilitate the replacement of the IISP's service center if the service center goes out of business or the service center is closed, and the IISP does not have a service center in the county. An IISP shall notify the Department within 72 hours of replacing a service center location in a county.

1. If a service center closes and is replaced, the manufacturer shall make all reasonable efforts to obtain from the service center being replaced, all the individual ignition interlock records and data required to be retained under R17-5-612 . The records shall be provided to, and maintained by the IISP.

2. If an out-of-business or closed service center is not replaced, the manufacturer shall retain the records and data as required under R17-5-612, and shall provide the Department with electronic access to the records and data.

a. The manufacturer shall facilitate removal of all installed CIID's no longer serviced by the out-of-business or closed service center, and shall bear the cost of replacing each device with a serviceable CIID chosen by the person, even if the replacement device must be provided through an alternate manufacturer.

b. The manufacturer shall, within 30 days, make a reasonable effort to notify its customers of the change of service center or replacement of a device.

3. If the manufacturer cannot comply with subsection (D)(1) or subsection (D)(2), the IISP shall:

a. Notify its customers and the Department that service will be terminated; and

b. Remove each device at no cost to the customer.

History

• Section R17-5-611 renumbered from R17-5-608 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-612 Records Retention; Submission of Copies and Quarterly Reports

A. During the duration of the ignition interlock service authorization agreement, an IISP shall retain each person's ignition interlock activity records in an electronic format, including a secure database, or a paper format. The retained records shall consist of every document relating to installation, operation, and removal of the CIID. The IISP shall maintain all daily ignition interlock activity records of each person in the device's data storage system, or in a secure database at a commercial business location in this state, that the Department may access during posted business hours. An IISP shall inform the Department where all individual ignition interlock activity records are located.

B. Prior to the end or termination of an ignition interlock service authorization agreement, the manufacturer shall obtain all person's ignition interlock records and provide the Department with electronic access to the records for three years.

C. A manufacturer shall provide copies of each person's ignition interlock records to the Department within 10 days after Department personnel request copies of records, including records relating to installation and operation of the CIID.

D. A manufacturer shall electronically send to the Department, by the 10th day of January, April, July, and October, a quarterly report containing the following information for the previous three months:

1. The number of CIID's the IISP currently has in service;

2. The number of CIID's installed since the previous quarterly report;

3. The number of CIID's removed by the IISP since the previous quarterly report; and

4. Other information required by the Department.

E. An IISP shall maintain and make available to the Department the ignition interlock records of all persons served by the IISP, records relating to the authorization agreement, and employee background check information at a commercial business location in this state of the manufacturer or the IISP during normal business hours.

History

• Section R17-5-612 renumbered from R17-5-609 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.

Ariz. Admin. Code § R17-5-613 Inspections and Complaints

A. The Department shall investigate any complaint that is related to a CIID or an IISP.

B. An IISP and a manufacturer shall permit and fully cooperate with periodic on-site inspections of the IISP's service centers and principal places of business of the manufacturer at any time during normal business hours by an authorized representative of the Department, where records relating to the authorization agreement and individual ignition interlock device records are maintained.

C. The Department shall conduct on-site inspections of a manufacturer, or a service center under the provisions of A.R.S. § 41-1009. The inspection shall include an examination of ignition interlock activity, records and verification of an adequate supply of the warning labels that meet the requirements of A.R.S. § 28-1462 and R17-5-609.

History

• New Section made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-614 Ignition Interlock Device Installation Fee; Financial Records

A. An IISP shall collect an ignition interlock device installation fee of twenty dollars from each participant for each CIID that is installed in, or transferred to a motor vehicle by an IISP.

B. An IISP shall electronically remit the collected ignition interlock device installation fees paid by all persons to the Department on a monthly basis through a payment account created by the IISP, as determined by the Department, by transferring the collected fees paid during the previous month to the Department by the tenth day of the following month.

C. An IISP shall not charge a person an installation fee to replace a defective ignition interlock device.

D. An IISP shall post the amount of the ignition interlock device installation fee and the statutory authority for the ignition interlock device installation fee required by A.R.S. § 28-1462 on the IISP's website, that is available to all persons with an ignition interlock device requirement, and in a visible location at each of the IISP's service centers.

E. An IISP must clearly post the amount of all other fees charged to a person for ignition interlock device services.

F. An IISP shall maintain the financial records of the ignition interlock device installation fee collection and transfer to the Department, at an IISP's established place of business, or in a secure database, for three years from the date of the fee transfer. The Department may review the financial records of an IISP during normal business hours, to ensure compliance with the collection and transfer of the ignition interlock device installation fee to the Department.

History

• New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.

Ariz. Admin. Code § R17-5-615 Rolling Retest; Missed Rolling Retest; Extension of Ignition Interlock Period

A. A manufacturer shall report to the Department any valid and substantiated missed rolling retests, as defined in R17-5-601, that occur during the time period prescribed in subsection (E).

B. A CIID shall have the capability to require a rolling retest and meet the requirements of a rolling retest. A person shall be prompted for the first rolling retest within five to 15 minutes after the initial test required to start an engine, and the device shall prompt for additional rolling retests at random intervals of up to 30 minutes after each previously requested and passed rolling retest.

C. A certified ignition interlock device shall:

1. Emit a warning light, tone, or both, to alert a person that a rolling retest is required;

2. Allow a period of six minutes after the warning light, tone, or both, to allow a person to take a rolling retest;

3. Require a person to perform a new test to restart an engine if it is switched off during or after a rolling retest warning;

4. Allow a free restart of a motor vehicle's ignition, within three minutes after the ignition is switched off, without requiring another breath alcohol test, except when a rolling retest is in progress;

5. Use the set point value for startups and retests;

6. Record, in its data storage system, the result of each rolling retest performed by a person during the person's drive cycle, and any valid and substantiated missed rolling retests; and

7. Immediately require another rolling retest each time a person refuses to perform a requested rolling retest.

D. Until a person successfully performs a rolling retest, or the engine is switched off, a device shall record in its data storage system, each subsequent refusal or failure of the person to perform the requested rolling retest.

E. The Department shall count one missed rolling retest for a person who refuses or fails to provide a valid and substantiated breath sample in response to a requested rolling retest if not followed by the person providing a valid and substantiated breath sample within six minutes.

F. Failure to take a rolling retest when a person's breath alcohol concentration is equal to or exceeds the set point shall not sound the vehicle horn, nor any type of siren, bell, whistle or any device emitting a similar sound, or any unreasonable loud or harsh sound that is audible outside of the vehicle, and shall not cause the engine of the vehicle to shut off.

G. The Department shall extend a person's ignition interlock period for six months, as provided in A.R.S. § 28-1461(E) for any set of three consecutive missed rolling retests that occur within an 18-minute time frame during a drive cycle.

H. If during one drive cycle, a person who is at least 21 years of age, has two or more breath alcohol concentrations of 0.08 or more, the Department shall count this as one violation, and shall extend a person's ignition interlock period for six months.

I. If during one drive cycle, a person who is under 21 years of age, has any breath alcohol concentration one or more times, the Department shall count this as one violation, and shall extend a person's ignition interlock period for six months.

J. Except as provided in subsections (H) and (I), if during one drive cycle, a person has more than one violation as defined in R17-5-601, the Department shall extend a person's ignition interlock period for six months for each violation.

History

• New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-616 Civil Penalties; Hearing

A. After notice and an opportunity for a hearing, the Director may impose a civil penalty pursuant to A.R.S. § 28-1465, against a manufacturer of a certified ignition interlock device for improper reporting to the Department of ignition interlock data, as defined in R17-5-601 . The Director may impose and collect a civil penalty against a manufacturer of a certified ignition interlock device, who is responsible for an occurrence of improper reporting, as follows:

1. $100 for the first occurrence, but not to exceed $1,000 per series of occurrences of improper reporting on a specific date;

$250 for the second occurrence, but not to exceed $2,500 per series of occurrences of improper reporting on a specific date; and

3. $500 for the third or subsequent occurrence, but not to exceed $5,000 per series of occurrences of improper reporting on a specific date.

B. The Director, on finding that a manufacturer engaged in improper reporting, shall mail a notice to the manufacturer stating that civil penalties may be imposed for improper reporting. The notice shall:

1. Specify the basis for the action; and

2. State that the manufacturer may, within 15 days after receipt of the notice, file a written request for a hearing with the Department's Executive Hearing Office as prescribed in 17 A.A.C. 1, Article 5.

C. A manufacturer who is aggrieved by an assessment, decision, or order of the Department under A.R.S. § 28-1465 and this Section may seek judicial review under A.R.S. Title 12, Chapter 7, Article 6.

D. The manufacturer shall pay the civil penalty imposed under this Section to the Department no later than 30 days after the order is final.

E. If the manufacturer fails to pay the civil penalty within 30 days after the order is final, the director may file an action in the superior court in the county in which the hearing is held to collect the civil penalty.

History

• New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.

Ariz. Admin. Code § R17-5-617 Cease and Desist

A. If the Director has reasonable cause to believe that a party to an IISP authorization agreement is violating any provision of state statute, administrative rule, or the authorization agreement, the Director will immediately issue and serve a cease and desist order by mail to the IISP's last known address.

B. On receipt of the cease and desist order, the IISP shall immediately cease and desist from further engaging in any activity that is not authorized in state statute, administrative rule, or the agreement, and that is specified in the cease and desist order.

C. On failure of the IISP to comply with the cease and desist order, the IISP may request a hearing with the Department's Executive Hearing Office under 17 A.A.C. 1, Article 5 within 15 days. On failure of the IISP to comply with the cease and desist order, the Director will immediately cancel the agreement with the IISP.

History

• New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-618 Service Centers; Mobile Services

A. An IISP shall have at least one readily accessible service center in each county in this state that performs all ignition interlock services, including service, calibration, installation, inspection, and removal of a CIID by a technician who is trained and certified by the IISP for the specific service area.

B. An IISP, subcontractor, agent, or an employee who operates a service center, or provides mobile services as an extended service provided by a service center on a temporary or emergency basis, shall meet the requirements in these rules before conducting CIID-related business in this state.

C. A service center shall maintain sufficient staffing to provide an acceptable level of ignition interlock device services during all posted business hours.

D. A technician that provides mobile services shall be stationed and employed at the IISP's service center and be certified in the ignition interlock service area the technician will provide.

E. When a service center technician provides mobile services, an IISP shall ensure that the service center has another technician or employee available at the service center to provide ignition interlock device services.

F. An IISP's service center shall:

1. Be located in a permanent, fixed-site facility that accommodates installing, inspecting, downloading, calibrating, monitoring, maintaining, servicing, and removing a CIID;

2. Provide a designated waiting area for a person that is separate from the installation area;

3. Ensure that a person does not witness installation of the CIID;

4. Through the IISP, the IISP-certified technician or employee, provide the necessary training required by R17-5-609(D) for a person to operate a CIID;

Ensure that a technician meets the necessary requirements in order to receive and maintain certification before a technician or an IISP conducts ignition interlock device business in this state; and

6. Have the necessary equipment and tools to provide all ignition interlock services in a professional manner.

G. A service center that provides mobile services shall:

1. Have the capability to provide all the ignition interlock services in subsection (F)(1);

2. Meet the requirements in subsection (F)(3) through (F)(6);

3. Have permission from the motor vehicle owner to provide mobile services; and

4. Ensure that a technician provides business identification to a person requesting service prior to performing services, along with the service center certificate and the technician's training certificate.

H. A service center that provides mobile services shall not operate from a tow truck.

I. An IISP that operates a service center, shall ensure that an IISP-certified technician utilizes all of the following:

1. The analysis of a reference sample such as headspace gas from a mixture of water and alcohol, the results of which shall agree with the reference sample predicted value, or other methodologies approved by the Department. The preparatory documentation on the reference sample solution, such as a certificate of analysis, shall be made available to the Department on request.

2. The set point value established under R17-5-601 . All analytical results shall be expressed in grams of alcohol per 210 liters of breath (g/210L).

3. The most current versions of manufacturer software and firmware to ensure continuous compliance under this Article and A.R.S. Title 28, Chapter 4, Article 5.

J. An IISP shall ensure that a motor vehicle used to provide mobile services from a service center has current vehicle registration in this state and maintains the required mandatory insurance and financial responsibility coverage in A.R.S. § 28-4009.

K. A technician shall ensure that a person who receives mobile services receives the same level of training and service as a person who receives services at a service center.

L. The manufacturer shall ensure that a CIID electronically transmits the Summarized Reporting Record for a calibration check to the Department as provided in R17-5-610(D)(4).

History

• New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-619 Application; IISP Implementation Plan

A. An IISP that applies for authorization of an ignition interlock service provider contract under A.R.S. § 28-1468 shall submit all documents and meet all the requirements in the ignition interlock service provider authorization agreement; in Title 28, Chapter 5, Article 4. Arizona Revised Statutes; and these rules.

B. In addition to this information, an IISP shall submit to the Department, with the application, a detailed implementation plan that outlines the steps and time frames necessary for the IISP to be fully operational. The implementation plan must include:

1. The IISP's plan for establishing a service center in every county in this state;

2. The IISP's procedures for imposing progressive discipline on its employees, agents, or subcontractors who fail to comply with the requirements of Arizona statute; Department administrative rules; or the terms of the authorization agreement;

3. A plan for transitioning ignition interlock services to another IISP that ensures continuous monitoring will occur if a participant decides to transition services to another IISP or if the IISP ceases conducting business or leaves this state;

4. A means by which the IISP will provide all participant records and information or electronic access to the records and information to the ignition interlock device manufacturer in the event the IISP ceases conducting business or leaves this state. At the end or termination of an ignition interlock service authorization agreement, the manufacturer shall provide the Department with electronic access to all person's ignition interlock records for three years; and

5. Documentation that the IISP is an authorized agent of the manufacturer and a point of contact for the manufacturer, including the IISP's telephone number and e-mail address.

C. An IISP shall be approved by the Director through the application for authorization agreement process before offering ignition interlock services in the state.

D. An IISP shall use this process to reapply to the Director for reauthorization of an ignition interlock service provider contract.

History

• New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-620 Authorization Time Frame; Ignition Interlock Service Provider

A. The Director shall, within 10 days of the date of receipt of an application for authorization of an ignition interlock service provider contract, provide notice to the IISP that the application is either complete or incomplete.

1. The date of receipt is the date the Director receives the application.

2. If an application is incomplete, the dated notice shall specifically identify the required information that is missing.

B. An applicant with an incomplete application shall provide all missing information to the Director within 15 days of the Director's notice.

1. After receiving all of the required information, the Director shall notify the IISP that the application is complete.

2. The Director may deny an IISP's application if the IISP fails to provide the required information within 15 days of the Director's notice.

C. The Director shall render a decision on an application for authorization within 30 days of the date on the notice acknowledging receipt of a complete application, provided to the applicant under subsections (A) or (B).

D. If the Director denies an application for authorization, the Director shall notify the IISP in writing within 20 days after the denial, and of the grounds for the denial in accordance with A.R.S. § 28-1468(E).

E. For the purposes of A.R.S. § 41-1073, the Department establishes the following time frames for the purpose of reviewing an application for authorization:

Administrative completeness review time frame: 10 days.

2. Substantive review time frame: 30 days.

3. Overall time frame: 40 days.

F. The Director shall use this process for reapplication for authorization of an ignition interlock service provider contract.

History

• New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-621 Service Center Application

A. On approval by the Director of an IISP's signed application for authorization to provide ignition interlock services, an IISP shall submit to the Department for approval a properly completed service center application for approval of the IISP's service centers.

B. An IISP shall provide the following information to the Department:

1. The service center name, which shall match the name on the service center;

The business address of the established place of business of each service center or business location;

3. The telephone number of each established place of business of each service center or business location;

4. The service center's legal status as a sole proprietorship, partnership, limited liability company, or a corporation;

5. The name of the sole proprietor, each partner, officer, director, manager, member, agent, or 20% or more stockholder;

6. The name and model number of each CIID the IISP plans to install;

7. An indication of any service centers that will provide mobile services;

Any applicable business licenses and the governmental entity; and

9. The following statements signed by the IISP:

a. A statement that all information provided on the application, including all information provided on any attachment to the application is complete, true, and correct;

b. A statement that the IISP agrees to indemnify and hold harmless from all liability the state of Arizona and any department, division, agency, officer, employee, or agent of the state of Arizona;

c. A statement that the IISP agrees to comply with all requirements in these rules; and

d. A statement that the IISP agrees to immediately notify the Department of any change to the information provided on the application form.

C. The Department shall process an IISP's service center application only if the IISP meets all applicable application requirements.

D. The Department shall, within 10 days of receiving a service center application, provide notice to the IISP that the application is either complete or incomplete.

1. The date of receipt is the date the Department receives the application.

2. If an application is incomplete, the notice shall specifically identify the required information that is missing.

E. An IISP with an incomplete application shall provide all missing information to the Department within 15 days of the date on the Department's notice.

1. After receiving all of the required information, the Department shall notify the IISP that the application is complete.

2. The Department may deny approval of a service center if the IISP fails to provide the required information within 15 days of the date on the notice.

F. The Department shall render a decision on a service center application within 30 days of the date indicated on the notice acknowledging receipt of a complete application provided to the IISP under subsections (D) or (E).

G. For the purpose of A.R.S. § 41-1073, the Department establishes the following time frames for processing an application for approval of a service center:

Administrative completeness review time frame: 10 days.

2. Substantive review time frame: 30 days.

3. Overall time frame: 40 days.

H. If a service center is no longer authorized by a manufacturer to install its CIID, the IISP shall notify the Department within 24 hours.

I. An IISP shall be the authorized representative of a specific manufacturer while the authorization agreement is in effect, for a service center to install the manufacturer's CIID.

J. If an IISP, subcontractor, or agent opens or relocates a service center, or the service center is operated by another entity, an IISP, subcontractor, or agent shall submit a new service center application for approval.

K. An IISP shall use this process to reapply to the Department for a service center application.

History

• New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.

Ariz. Admin. Code § R17-5-622 Technician Application

A. On approval by the Department of an IISP's service center application, an IISP shall submit to the Department for approval, a properly completed technician application with the following information:

Name of the technician;

2. The technician's date of birth;

3. The technician's residence address;

The technician's driver license number;

5. Name of the service center where the technician is employed;

6. Location of the service center where the technician is employed; and

7. The following statements signed by the technician and the IISP:

a. A statement that all information provided on the application form, including all information provided on any attachment to the application form is complete, true, and correct;

b. A statement that the technician and the IISP agree to indemnify and hold harmless from all liability the state of Arizona and any department, division, agency, officer, employee, or agent of the state of Arizona;

c. A statement that the technician agrees to comply with all requirements in these rules; and

d. A statement that the IISP agrees to immediately notify the Department of any change to the information provided on the application form.

B. The Department shall process a technician's application only if a technician meets all applicable application requirements.

C. The Department shall, within 10 days of receiving a technician application, provide notice to the applicant that the application is either complete or incomplete.

1. The date of receipt is the date the Department receives the application.

2. If an application is incomplete, the notice shall specifically identify the required information that is missing.

D. An applicant with an incomplete application shall provide all missing information to the Department within 15 days of the date on the Department's notice.

1. After receiving all of the required information, the Department shall notify the applicant that the application is complete.

2. The Department may deny approval of a technician application if the applicant fails to provide the required information within 15 days of the date on the notice.

E. The Department shall render a decision on a technician application within 30 days of the date indicated on the notice acknowledging receipt of a complete application provided to the IISP under subsections (C) or (D).

F. For the purpose of A.R.S. § 41-1073, the Department establishes the following time frames for processing an application for approval of a technician:

1. Administrative completeness review time frame: 10 days.

2. Substantive review time frame: 30 days.

3. Overall time frame: 40 days.

G. If an IISP and the IISP's technician are no longer authorized by a manufacturer to install its CIID, the IISP shall notify the Department within 24 hours.

H An IISP shall be the authorized representative of a specific manufacturer that has an authorization agreement in effect for a technician to service the manufacturer's CIID.

I. An IISP shall submit a separate technician application when an IISP hires a new technician.

J. After the Department approves a technician the Department will assign to each technician, a unique technician identification number to identify each technician who installs, calibrates, inspects, or removes a CIID.

K An IISP shall use this process to reapply to the Department for a technician application.

History

• New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-623 Termination of Authorization; Notification

A.If the Director terminates an IISP's authorization agreement, the Director shall notify each person with the manufacturer's CIID that the person has 30 days to obtain another IISP .

B. Any IISP owner or principal whose agreement has been terminated as a result of the IISP's authorization being cancelled is not eligible to re-apply for authorization from the Department until 36 months after the date of termination.

History

• New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Article 7 IGNITION INTERLOCK DEVICE TECHNICIANS

Ariz. Admin. Code § R17-5-701 Definitions

The definitions provided under A.R.S. §§ 28-101 and R17-5-601 apply to this Article unless the context otherwise requires .

History

• New Section recodified from R17-4-801 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 12 A.A.R. 2297, effective August 5, 2006 (Supp. 06-2). New Section made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-702 Records Check; Technician Qualifications; IISP Self-Certification of Technician

A. If the Director enters into an IISP's ignition interlock authorization agreement under A.R.S. § 28-1468, an IISP shall conduct an annual crminal records check and a certified driver's license record check on all employees, agents, or subcontractors listed on the

IISP's application within 30 days prior to each individual's start date.

B. An IISP shall self-certify and train a technician in the service area that the technician will provide.

C. The qualifications for a technician are:

1. A technician shall be at least 18 years of age.

2. A technician who is required to drive a motor vehicle on a highway in this state in the technician's capacity shall have a valid Arizona driver license as required by A.R.S. § 28-3151, unless exempted under A.R.S. § 28-3152.

3. A technician shall have the necessary mechanical ability, training, and certification from the IISP required to perform installation, inspection, service, calibration, or removal of a CIID from a motor vehicle.

D. A technician shall:

1. Maintain the confidentiality of any personal information, driver license information, or ignition interlock data or reports relating to a person;

2. Ensure that a person does not observe the technician's actions relating to installation and removal of a CIID;

3. Comply with the ignition interlock rules in 17 A.A.C. 5, Articles 6 and 7, and Arizona Revised Statutes Title 28, Chapter 4, Article 5; and

Conduct installation, service, calibration, inspection, or removal of an ignition interlock device from a motor vehicle in accordance with industry standards.

E. A technician is prohibited from using the global positioning system capabilities of a CIID to track the location of a person and shall not release location information gathered by the CIID.

History

• New Section recodified from R17-4-805 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 12 A.A.R. 2297, effective August 5, 2006 (Supp. 06-2). New Section made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-703 [Repealed]

History

• New Section recodified from R17-4-806 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 12 A.A.R. 2297, effective August 5, 2006 (Supp. 06-2). Section R17-5-703 renumbered from R17-5-610 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Repealed by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-704 [Repealed]

History

• New Section recodified from R17-4-807 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 12 A.A.R. 2297, effective August 5, 2006 (Supp. 06-2). New Section made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Repealed by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-705 [Repealed]

History

• New Section recodified from R17-4-808 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 12 A.A.R. 2297, effective August 5, 2006 (Supp. 06-2). New Section made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Repealed by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-706 Calibration Check; Requirements

A. An IISP-certified technician shall inspect, maintain, and check each CIID for calibration accuracy and operational performance before the device is placed into, or returned to service.

B. A person with a CIID installed on a motor vehicle is responsible for obtaining a calibration check of the CIID by the IISP's technician at the IISP's service center within every 77 to 90-day period after device installation, and every 77 to 90 days thereafter, during the person's ignition interlock period.

B.C. An IISP-certified technician shall perform a calibration check at the IISP's service center at least once every 90 days after device installation, and at least every 90 days thereafter.

C.D. The calibration check performed under R17-5-610 shall include an inspection of the device to verify that it is properly functioning in accordance with all of the following criteria:

1. Accuracy standards as prescribed under R17-5-603 ;

a. The device shall be calibrated before placed into, or returned to service.

b. The calibration test shall consist of introducing to the device a known alcohol concentration from a reference sample device, the analysis of which indicates the device's agreement with the known concentration. The manufacturer's software shall be capable of performing, documenting, and reporting the result of this calibration test. The calibration test result shall verify the accuracy of the ignition interlock device according to the standards prescribed under R17-5-603 ; and

2. Anticircumvention standards and operational features as prescribed under R17-5-603.

D.E. The calibration test referenced under subsection (D) shall be performed when the information uploaded from a device indicates that the device has experienced an interruption in service or was completely disconnected. Additionally, the complete device, including the camera and its connection to the vehicle, shall be examined for evidence of tampering while it is still attached to the vehicle. An IISP shall document or photograph any evidence of tampering or circumvention and submit the documentation to the Department as required by these rules and A.R.S. Title 28, Chapter 4, Article 5.

E.F. F. If calibration confirmation test results reveal that the device is not properly calibrated, the device shall be recalibrated to restore the accuracy standards prescribed under R17-5-603 before the device is returned to service.

F.G. At least once every 90 days, a technician shall perform a physical inspection of the ignition interlock device, including an anticircumvention check, while it is still attached to the vehicle.

G.H. A technician shall perform a physical inspection of the ignition interlock device any time an early recall occurs.

H. I. If at any time an individual device model fails to meet the provisions of this Section, the manufacturer, IISP, or IISP-certified technician, as appropriate, shall either:

1. Repair, recalibrate, and retest the device model to ensure that it does meet all applicable standards; or

2. Remove the device model from service.

History

• New Section recodified from R17-4-501 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Section repealed by final rulemaking at 12 A.A.R. 2297, effective August 5, 2006 (Supp. 06-2). New Section made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-707 [Repealed]

History

• New Section made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Repealed by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Ariz. Admin. Code § R17-5-708 [Repealed]

History

• New Section made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Repealed by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.

Article 8 MANDATORY INSURANCE AND FINANCIAL RESPONSIBILITY

Ariz. Admin. Code § R17-5-801 Definitions

In addition to the definitions under A.R.S. §§ 28-101 and 28-4001, in this Chapter, unless otherwise specified:

" Arizona Mandatory Insurance Reporting System Guide for Insurance Companies " means the Department's guide that is available on the agency's website and provides technical information to a company about information transmission between the Department and the company.

"Company" means an insurance or indemnity company authorized to write motor vehicle liability coverage in Arizona.

"Customer number" means the system-generated, or other distinguishing number, assigned by the Department to each person conducting business with the Department, as prescribed in R17-5-805 .

"EDI" means electronic data interchange, which is the transmission of data in a standardized format from one computer to another without the use of magnetic tape.

"EDI reporting" means the computer-to-computer transmission of data from a company to the Department.

"Error return" means the computer-to-computer transmission, from the Department to a company, of all data reporting errors received during EDI reporting.

"FEIN" means the federal employer identification number or federal tax identification number used to identify a business entity.

"FTP" means file transfer protocol, which is a common protocol used by the Department for exchanging files over any network that supports EDI reporting transmitted through the Internet or Intranet.

"Information exchange" means EDI reporting where a company or service provider transmits a report to the Department through a connection to a private information network.

"Motor Vehicle Division" means the Arizona Department of Transportation's Motor Vehicle Division.

"NAIC" means the National Association of Insurance Commissioners.

"Private information network" means the value-added network used by a company or service provider to facilitate EDI transmissions to the Department and to provide other network services where fees are charged for the network connection based on the number of characters and messages transmitted.

"Reportable activity" means the information required to be transmitted to the Department under A.R.S. § 28-4148 and this Article.

"Self-insurer" means a person or entity that has met the qualifications, completed the application process, and received a certificate of self-insurance issued by the Department under R17-5-810.

"Service provider" means a person or entity that reports for an insurance company through a connection to a private information network or an FTP for EDI reporting.

"SR22" means a certification filed, by a company duly authorized to transact business in this state, as proof of financial responsibility for the future, which guarantees that the insured owner or operator has in effect at least the minimum motor vehicle liability insurance coverage required under A.R.S. Title 28, Chapter 9, Article 3.

"SR26" means a certification filed by a company duly authorized to transact business in this state, which notifies the Department that an insured owner or operator required to maintain proof of financial responsibility for the future, under A.R.S. Title 28, Chapter 9, Article 3, is no longer covered under a previously reported SR22.

"Value-added network" means a private network provider that is hired by a company to facilitate EDI or provide other network services.

"X12" means the American National Standards Institute, Accredited Standards Committee, uniform standards for the interindustry electronic exchange of business transactions by EDI.

"X12 (TS811)" means X12 Transaction Set 811, Consolidated Service Invoice - Statement, version 3050, which is the specific set of EDI transactions developed for the insurance industry in the X12 standard format for automobile liability insurance reporting.

History

• New Section made by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1). Amended by expedited rulemaking at 24 A.A.R. 279, effective 1/12/2018.

Ariz. Admin. Code § R17-5-802 Insurance Company Electronic Reporting Requirement; Applicability

A. A company that provides motor vehicle liability insurance coverage for an Arizona vehicle shall electronically transmit to the Department all reportable activity under A.R.S. § 28-4148 and R17-5-803 using one of the authorized EDI reporting methods identified in the Arizona Mandatory Insurance Reporting System Guide for Insurance Companies . Each transmission shall include all of the applicable record matching criteria prescribed under R17-5-804 or R17-5-805.

B. A company that issues 1,000 or more SR22 policies per calendar year shall electronically transmit to the Department all SR22 and SR26 activity using one of the Department-authorized EDI reporting methods identified in the Arizona Mandatory Insurance Reporting System Guide for Insurance Companies . Each transmission shall include all of the applicable record matching criteria prescribed under R17-5-804 or R17-5-805.

C. The Department shall not accept or record an out-of-state motor vehicle liability insurance policy for a passenger vehicle, even if written by a company authorized to transact business in this state.

History

• New Section made by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1). Amended by expedited rulemaking at 24 A.A.R. 279, effective 1/12/2018.

Ariz. Admin. Code § R17-5-803 Insurance Company Reportable Activity

A. A company shall transmit to the Department:

1. All reportable activity, not previously reported, that was processed by the company seven or fewer days before each reporting date; or

2. A statement of inactivity, if no reportable activity occurred by the reporting date.

B. For the purpose of this Article, reportable activity shall include:

1. A policy cancellation;

2. A policy non-renewal;

3. A new policy issuance;

4. A commercial policy reissuance;

4. 5. A vehicle added to a policy;

5. 6. A vehicle deleted from a policy;

6. 7. A policy reinstatement; and

7. 8. All SR22 and SR26 filings by insurance companies issuing 1,000 or more SR22 policies per calendar year.

C. Reportable activity does not include the addition or deletion of a vehicle to or from a non-vehicle-specific commercial policy.

History

• New Section made by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1). Amended by expedited rulemaking at 24 A.A.R. 279, effective 1/12/2018.

Ariz. Admin. Code § R17-5-804 Record Matching Criteria for a Vehicle-specific Policy

For each vehicle-specific policy transmitted to the Department, a company shall include all of the following information to assist with the matching of policies to Department customers:

1. The complete and valid vehicle identification number;

2. The policy number; and

3. The NAIC number of the reporting company.

History

• New Section made by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1). Amended by expedited rulemaking at 24 A.A.R. 279, effective 1/12/2018.

Ariz. Admin. Code § R17-5-805 Record Matching Criteria for a Non-vehicle-specific Commercial Policy

A. For each non-vehicle-specific commercial policy transmitted to the Department, a company shall include all of the following information to assist with the matching of policies to Department customers:

1. The Department customer number of the insured:

a. If a policy covers all vehicles registered in the name of a business or organization, the customer number is the FEIN of the business or organization, or a system-generated number; or

b. If a policy covers all vehicles registered in the name of a private individual, the customer number is the Arizona Driver License number or the non-operating identification license number of the private individual;

2. The policy number; and

3. The NAIC number of the responsible company.

B. If the Department customer number required under subsection (A)(1) is not available to a company, the company may provide the complete and valid vehicle identification number of each vehicle covered under the policy in-lieu of the Department customer number.

History

• New Section made by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1). Amended by expedited rulemaking at 24 A.A.R. 279, effective 1/12/2018.

Ariz. Admin. Code § R17-5-806 Department-authorized EDI Reporting Methods; Reporting Schedule

A. A company shall transmit to the Department all reportable activity listed in R17-5-803 using a Department-authorized EDI reporting method specified in the Arizona Mandatory Insurance Reporting System Guide for Insurance Companies .

1. EDI reporting by information exchange; or

2. EDI reporting by encrypted FTP.

B. A company shall transmit all reportable activity to the Department at least once every seven days.

History

• New Section made by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1). Amended by expedited rulemaking at 24 A.A.R. 279, effective 1/12/2018.

Ariz. Admin. Code § R17-5-807 X12 Data Format for Policy Receipt and Error Return

A. Reporting format. A company shall transmit to the Department all reportable activity using the format prescribed in the Arizona Mandatory Insurance Reporting System Guide for Insurance Companies provided by the Department.

B. Error return format. The Department shall return to a company all reporting errors received during a transmission of report-able activity using the X12 error return format prescribed in the Arizona Mandatory Insurance Reporting System Guide for Insurance Companies .

C. The Department shall return to a company an acknowledgment that a transmission of reportable activity was received and processed using the format in the Arizona Mandatory Insurance Reporting System Guide for Insurance Companies .

History

• New Section made by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1). Amended by expedited rulemaking at 24 A.A.R. 279, effective 1/12/2018.

Ariz. Admin. Code § R17-5-808 Insurance Company Reporting Errors; Resolution; Noncompliance

A. The Department shall:

1. Return to a company, using the X12 error return format provided in R17-5-807(B), all reporting errors received during or after a transmission; and

2. Instruct the company to correct all reporting errors affecting the Department's processing of the required data.

B. All companies reporting electronic policy information shall notify the Department prior to making changes to any reporting systems, or previously established policy reporting formats, that may affect the Department's ability to match and process the information received.

History

• New Section made by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1). Amended by expedited rulemaking at 24 A.A.R. 279, effective 1/12/2018.

Ariz. Admin. Code § R17-5-809 Insurance Company Failure to Submit Required Data; Request for Hearing

If a company fails to submit the data required under A.R.S. § 28-4148, and this Article, the Department shall:

1. Send to the company, a dated written notice, which:

a. Identifies the business week or reporting period in which the company did not submit the required information;

b. Instructs the company to submit the information for the identified business week or reporting period within seven days of the date of the notice;

c. Informs the company that a failure to respond to the Department's request within the allotted time-frame, shall result in a referral of the matter to the Arizona Department of Insurance, under A.R.S. § 20-237, which may result in a civil penalty for each violation of up to $250 per day for each day the insurer is in violation of A.R.S. § 28-4148; and

d. Provides notice of the company's right to request a hearing with the Arizona Department of Insurance under A.R.S. § 20-237; and

2. Advise the Arizona Department of Insurance if the company fails to comply with the Department's written notice provided under this Section.

History

• New Section made by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1). Amended by expedited rulemaking at 24 A.A.R. 279, effective 1/12/2018.

Ariz. Admin. Code § R17-5-810 Self-insurance as Alternate Proof of Financial Responsibility; Provisions; Applicability

A. Self-insurance applicant qualification. A person or entity may apply for self-insurance under this Section if the applicant:

1. Owns the minimum number of vehicles prescribed under A.R.S. § 28-4007(A) with current Arizona registration;

Demonstrates minimum assets of $1 million on documentation required under subsections (C) and (D);

3. Meets any additional financial responsibility requirements under A.R.S. § 28-4033(A), according to the insured vehicle's weight and/or intended use; and

4. Provides a business office contact for the company with a current phone number and mailing information.

B. A self-insurance applicant shall provide, on a self-insurance application form provided by the Department, the following information:

1. Applicant's name;

2. Business name, if applicable;

3. Mailing address, city, state, and ZIP code;

4. A selection of coverage type:

a. Public liability only; or

b. Public liability and property damage;

5. Number of vehicles in the applicant's fleet;

6. A selection list that describes the nature of the applicant's business;

7. A description of any hazardous materials transported by type, class, and weight;

8. A report of all accidents in the prior 39-month period before the application date;

9. The applicant's signature and official business title to certify that all information is true and correct; and

10. Acknowledgment by a notary public or by the signature of an authorized Department agent.

C. Supplementary documentation. In addition to a completed self-insurance application form, the applicant shall submit a profit and loss statement certified by a Certified Public Accountant for the 12-month period before the application date. The profit and loss statement shall include one of the following:

1. A balance sheet; or

2. An annual financial report.

D. On approval of an application, the Department shall issue a certificate of self-insurance that is continuously valid, but shall require the self-insurer to submit a 12-month update of supplementary documentation prescribed under subsection (C) on or before July 1 of each successive year.

E. An initial self-insurance applicant or a self-insurer making an annual update shall submit documentation required under subsections (B) through (D) to the following address:

Motor Vehicle Division

Financial Responsibility Unit

P.O. Box 2100, Mail Drop 535M

Phoenix, AZ 85001-2100

F. A self-insurer shall keep a copy of the self-insurance certificate in each covered vehicle at all times.

G. A self-insurer shall submit periodic, written notification updates to the Department of vehicles added or removed from self-insurance coverage. The written notification shall include the vehicle identification number of each vehicle.

H. A self-insurer that terminates self-insurance shall provide new evidence of financial responsibility as required under A.R.S. § 28-4135 for each vehicle previously covered under a self-insurance certificate.

I. In addition to the reasonable grounds prescribed under A.R.S. § 28-4007(C), the Department may cancel a self-insurance certificate under the following circumstances:

1. A self-insurer fails to comply with provisions of the Department's annual update requirement under subsection (D), or

2. A self-insurer no longer owns the covered business or fleet.

J. For the purpose of A.R.S. § 28-4007(C) and this Section, the Department shall conduct a self-insurance cancellation hearing according to the provisions prescribed under 17 A.A.C. 1, Article 5.

History

• New Section made by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1). Amended by expedited rulemaking at 24 A.A.R. 279, effective 1/12/2018.

Ariz. Admin. Code § R17-5-811 Certificate of Deposit As Alternate Proof of Financial Responsibility; Applicability

For the purpose of A.R.S. §§ 28-4076(2) and 28-4084, a person depositing a $40,000 certificate of deposit with the state treasurer as alternate proof of financial responsibility may apply the certificate to a maximum of 25 non-commercial vehicles registered in the person's name.

History

• New Section made by final rulemaking at 13 A.A.R. 858, effective March 6, 2007 (Supp. 07-1).

Article 9 TRANSPORTATION NETWORK COMPANIES

Ariz. Admin. Code § R17-5-901 Definitions

In addition to the definitions provided under A.R.S. § 28-9551, when applicable to a transportation network company, the following definitions apply to this Article unless otherwise specified:

"Applicant" means a person that meets the statutory requirements of a transportation network company as prescribed under A.R.S. Title 28, Chapter 30, Article 3.

"Designated point of contact" means a person employed by a transportation network company who has the authority to gather and provide records to the Department on request.

"Transportation network company permit" means a document issued by the Department to an applicant that meets the requirements prescribed under A.R.S. Title 28, Chapter 30, Article 3, as authorization to conduct transportation network services in this state.

"Violation" means a failure to maintain or make available to the Department any records the transportation network company is required to maintain and provide to the Department on request as provided under A.R.S. §§ 28-9554 through 28-9556.

History

• Adopted by exempt rulemaking at 21 A.A.R. 1825, effective 8/21/2015. Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-902 Transportation Network Company Permit - Initial Application; Issuance; Fee

A. An applicant for a transportation network company permit issued by the Department under A.R.S. § 28-9552, shall apply to the Department by:

1. Completing and submitting online the application form provided by the Department at www.azdot.gov;

2. Providing the full name and contact information of the applicant's agent for service of process in this state;

3. Certifying that the transportation network company meets the requirements of A.R.S. Title 28, Chapter 30, Article 3;

4. Filing a legible illustration of the applicant's trade dress; and

5. Paying a $1,000 application fee as provided under A.R.S. § 28-9552(A) .

B. Upon receipt and acceptance of all required documents, fees, and certifications, the Department shall issue to an applicant a transportation network company permit.

C. The application fee paid to the Department under subsection (A) is refundable in full if the transportation network company permit application is:

1. Denied by the Department, or

2. Withdrawn by the applicant before the Department issues a transportation network company permit.

D. A transportation network company permit issued by the Department under this Section expires three years after issuance and may be renewed as provided under R17-5-903 .

A. An applicant for a transportation network company permit issued by the Department under A.R.S. § 28-9552, shall apply to the Department by:

1. Completing and submitting online the application form provided by the Department at www.azdot.gov;

2. Providing the full name and contact information of the applicant's agent for service of process in this state;

3. Certifying that the transportation network company meets the requirements of A.R.S. Title 28, Chapter 30, Article 3;

4. Filing a legible illustration of the applicant's trade dress; and

5. Paying a $1,000 application fee as provided under A.R.S. § 28-9552(A).

B. Upon receipt and acceptance of all required documents, fees, and certifications, the Department shall issue to an applicant a transportation network company permit.

C. The application fee paid to the Department under subsection (A) is refundable in full if the transportation network company permit application is:

1. Denied by the Department, or

2. Withdrawn by the applicant before the Department issues a transportation network company permit.

D. A transportation network company permit issued by the Department under this Section expires three years after issuance and may be renewed as provided under R17-5-903.

History

• Adopted by exempt rulemaking at 21 A.A.R. 1825, effective 8/21/2015. Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-903 Transportation Network Company Permit - Renewal Application; Issuance; Fee

A. A transportation network company shall apply to the Department for renewal of a transportation network company permit issued by the Department under A.R.S. § 28-9552 and R17-5-902, no earlier than 90 days, and no later than 30 days, before the permit expires by:

1. Completing and submitting online the renewal application form provided by the Department at www.azdot.gov;

2. Filing with the Department a legible illustration of the applicant's trade dress if different than the illustration already on file with the Department.

3. Certifying that the transportation network company meets the requirements of A.R.S. Title 28, Chapter 30, Article 3; and

4. Paying a $1,000 renewal application fee as provided under A.R.S. § 28-9552(A) .

B. Upon receipt and acceptance of all required documents, fees, and certifications, the Department shall issue to an applicant a transportation network company permit renewal.

C. A transportation network company permit renewal issued by the Department under this Section expires three years after the date the existing transportation network company permit expires.

D. The holder of an expired transportation network company permit may apply to the Department for a new transportation network company permit using the initial application procedure provided under R17-5-902 .

A. A transportation network company shall apply to the Department for renewal of a transportation network company permit issued by the Department under A.R.S. § 28-9552 and R17-5-902, no earlier than 90 days, and no later than 30 days, before the permit expires by:

1. Completing and submitting online the renewal application form provided by the Department at https://secure.servicearizona.com;

2. Filing with the Department a legible illustration of the applicant's trade dress if different than the illustration already on file with the Department;

3. Certifying that the transportation network company meets the requirements of A.R.S. Title 28, Chapter 30, Article 3; and

4. Paying a $1,000 renewal application fee as provided under A.R.S. § 28-9552(A).

B. Upon receipt and acceptance of all required documents, fees, and certifications, the Department shall issue to an applicant a transportation network company permit renewal.

C. A transportation network company permit renewal issued by the Department expires three years after the date the existing transportation network company permit expires.

D. The holder of an expired transportation network company permit may apply to the Department for a new transportation network company permit using the renewal application procedure provided under R17-5-903(A).

History

• Adopted by exempt rulemaking at 21 A.A.R. 1825, effective 8/21/2015. Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-904 Transportation Network Company Permit or Renewal - General Provisions

A. A transportation network company permit or renewal issued by the Department under this Article shall include an assigned number that remains effective until either withdrawn by the Department or until it expires.

B. A transportation network company permit or renewal issued by the Department under this Article shall not be transferred or assigned, in whole or in part, to any person other than the person to whom the permit is issued, except upon a merger, change in control, or sale of substantially all of the transportation network company's assets to an entity that assumes the duties and obligations of the permit. The transportation network company shall notify the Department within 30 days of such a transfer or assignment, and the Department shall have 30 days beginning on such notification to nullify the transfer or assignment based on the criteria set forth in this Article. An initial public offering shall not be deemed to trigger a transfer or assignment under this Section.

A. A transportation network company permit or renewal issued by the Department under this Article shall include an assigned number that remains effective until either withdrawn by the Department or until it expires.

B. A transportation network company permit or renewal issued by the Department under this Article shall not be transferred or assigned, in whole or in part, to any person other than the person to whom the permit is issued, except upon a merger, change in control, or sale of substantially all of the transportation network company's assets to an entity that assumes the duties and obligations of the permit. The transportation network company shall notify the Department within 30 days of such a transfer or assignment, and the Department shall have 30 days beginning on such notification to nullify the transfer or assignment based on the criteria set forth in this Article. An initial public offering shall not be deemed to trigger a transfer or assignment under this Section.

History

• Adopted by exempt rulemaking at 21 A.A.R. 1825, effective 8/21/2015. Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-905 Transportation Network Company - Record Review

A. The Department, after providing reasonable notice to a transportation service provider, may review with or without cause all records a transportation service provider is required to make available to the Department on request as provided under A.R.S. §§ 28-9554 through 28-9556, when applicable to a transportation network company, and A.R.S. § 41-2097, when applicable to an owner of a taxi, livery vehicle, or limousine.

B. A transportation service provider shall make all records described under subsection (A) available to the Department for review at an Arizona location.

C. The Department shall conduct a record review during the transportation service provider's normal business hours.

D. The Department shall provide a copy of its review report to the transportation service provider's designated point of contact. The report shall include the review results and indicate any violations found.

A. The Department, after providing reasonable notice to a transportation network company, may review with or without cause all records a transportation network company is required to make available to the Department on request as provided under A.R.S. §§ 28-9554 through 28-9556.

B. A transportation network company shall make all records described under subsection (A) available to the Department for review at an Arizona location.

C. The Department shall conduct a record review during the transportation network company's normal business hours.

D. The Department shall provide a copy of its review report to the transportation network company's designated point of contact. The report shall include the review results and indicate any violations found.

History

• Adopted by exempt rulemaking at 21 A.A.R. 1825, effective 8/21/2015. Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-906 Transportation Network Company - Designated Point of Contact

A. A transportation service provider shall provide to the Department the name and contact information of the transportation service provider's designated point of contact in this state.

B. A transportation service provider shall notify the Department within 10 business days of making a change to the name or contact information of the transportation service provider's designated point of contact in this state.

A. A transportation network company shall provide to the Department the name and contact information of the transportation network company's designated point of contact in this state.

B. A transportation network company shall notify the Department within 10 business days of making a change to the name or contact information of the transportation network company's designated point of contact in this state.

History

• Adopted by exempt rulemaking at 21 A.A.R. 1825, effective 8/21/2015. Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Article 10 VEHICLE FOR HIRE

Ariz. Admin. Code § R17-5-1001 Definitions

In addition to the definitions in A.R.S. §§ 28-101 and 28-9501, the following terms apply to this Article unless otherwise specified:

"Appealable agency action" has the meaning prescribed in A.R.S. § 41-1092.

"Applicant" means a company that applies to the Department for a vehicle for hire company permit as prescribed under A.R.S. Title 28, Chapter 30, Article 1, and these rules.

"Application" means forms designated as an application and all documents and additional information the Department requires a vehicle for hire company applicant to submit to obtain a vehicle for hire company permit.

"Contested case" has the meaning prescribed in A.R.S. § 41-1001.

"Designated point of contact" means a person employed by a vehicle for hire company who has the authority to gather and provide records to the Department on request.

"Good standing" means that an applicant does not have:

Any outstanding civil penalties owed to the Department

Any suspension, revocation, or cancellation of a vehicle for hire company permit issued by the Department;

Any delinquent fees, taxes, or unpaid balances owed to the Department or

Any open complaints submitted to the Department regarding compliance with vehicle for hire statutes or rules.

"Government agency" means this state and any political subdivision of this state that receives and uses tax revenues.

"Handbook 44" means the U. S. Department of Commerce, National Institute of Standards and Technology (NIST) Handbook 44 , Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, Section 5.54. Taximeters, revised as of 2016.

"NIST" means the National Institute of Standards and Technology of the U.S. Department of Commerce.

"Permittee" means the owner or responsible party in the vehicle for hire company that meets all permit requirements and holds a vehicle for hire company permit.

"Trade dress" means a removable and distinct logo, insignia or emblem attached to, or visible from the exterior of a taxi while providing vehicle for hire services as a taxi, and that includes the word "taxi" or "cab."

"Vehicle for hire company permit" means the permit required in A.R.S. § 28-9503 for a vehicle for hire company to operate in this state.

"Violation" means the failure of a vehicle for hire company to:

Provide to the Department any records the vehicle for hire company is required to maintain and provide on request, as provided in A.R.S. § 28-9507;

Follow these rules; or

Follow A.R.S. Title 28, Chapter 30, Articles 1 and 2.

History

• Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-1002 Incorporation by Reference

The Department incorporates by reference the U. S. Department of Commerce, National Institute of Standards and Technology (NIST) Handbook 44 , Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, Section 5.54. Taximeters, revised as of 2016, and no later amendments or editions. The incorporated material is available at www.nist.gov/pml/pubs/hb44.cfm.

The incorporated material is on file with the Department at 206 S. 17th Ave., Phoenix, AZ.

History

• Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-1003 Vehicle for Hire Company Permit; Good Standing; Handbook 44

A. An applicant to the Department for a vehicle for hire company permit shall be in good standing with the Department at the time the vehicle for hire company applies for or renews a vehicle for hire company permit.

B. A vehicle for hire company that operates a vehicle for hire as a taxi shall have an operating taxi meter installed in each taxi by a person or company that uses Handbook 44 .

C. A vehicle for hire company operating a taxi shall maintain, and make available to the Department, records for the installation and calibration of each taxi meter for the duration of the three-year vehicle for hire company permit.

History

• Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-1004 Vehicle for Hire Company Permit - Initial Application; Issuance; Fee

A. A vehicle for hire company shall apply to the Department for a vehicle for hire company permit by:

1. Completing and submitting the application form to the Department that is located at: www.azdot.gov;

2. Providing the full name and contact information of the vehicle for hire company's agent for service of process in this state;

3. Submitting a clear illustration of the vehicle for hire company's trade dress, if operating as a taxi;

4. Paying the application fee of $24 per vehicle that is used as a taxi by the vehicle for hire company at the time of application, not to exceed a total of $1,000 per applicant, as required by A.R.S. § 28-9503;

5. Certifying that the vehicle for hire company meets all vehicle for hire company requirements in A.R.S. Title 28, Chapter 30, Article 1; and

Stating the total number of vehicles for hire in the vehicle for hire company fleet at the time of application.

B. A vehicle for hire company shall provide to the Department the name and contact information of the vehicle for hire company's designated point of contact in this state.

C. After the Department receives and accepts a completed application, all certifications, and the application fee, if applicable, the Department shall issue to an applicant a vehicle for hire company permit.

D. A vehicle for hire company permit issued by the Department expires three years after the date of issuance.

E. A vehicle for hire company may apply to renew a vehicle for hire company permit as provided in R17-5-1005.

F. A vehicle for hire company shall notify the Department within 10 business days of making a change to the name or contact information of the vehicle for hire company's designated point of contact in this state.

G. A vehicle for hire company permit or renewal issued by the Department under this Article may be transferred to a person other than the person to whom the permit is issued, if ownership of the vehicle for hire company changes. The vehicle for hire company shall notify the Department within 30 days of such a transfer.

History

• Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-1005 Vehicle for Hire Company Permit - Renewal Application; Issuance; Fee

A. A vehicle for hire company shall apply to the Department for renewal of an existing vehicle for hire company permit under A.R.S. § 28-9503, no earlier than 90 days and no later than 30 days before the three-year permit expires by:

1. Completing and submitting the required information, all certifications, and the application fee, if applicable, to the Department at: https://secure.servicearizona.com;

2. Submitting a clear illustration of the vehicle for hire company's trade dress, if operating as a taxi, and if different than the illustration already on file with the Department;

3. Paying the renewal application fee of $24 per vehicle that is used as a taxi at the time of permit renewal, not to exceed a total of $1,000 per applicant, as required by A.R.S. § 28-9503; and

4. Certifying that the vehicle for hire company meets all the vehicle for hire company requirements in A.R.S. Title 28, Chapter 30, Article 1.

B. Upon receipt and acceptance of all required documents, fees, if applicable, and certifications, the Department shall issue to an applicant a vehicle for hire company permit renewal.

C. A vehicle for hire company permit renewal issued by the Department expires three years after the existing vehicle for hire company permit expires.

D. The holder of an expired vehicle for hire company permit may apply to the Department for a new vehicle for hire company permit using the renewal application procedure provided under R17-5-1005(A).

History

• Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-1006 Vehicle for Hire Company Permit or Renewal - General Provisions

A vehicle for hire company permit issued by the Department shall include an assigned number that remains effective until either withdrawn by the Department or until the permit expires.

History

• Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-1007 Vehicle for Hire Company; Record Review; Inspection

A. The Department, after providing reasonable notice to a company with a vehicle for hire company permit, may review, with or without cause, all records of a vehicle for hire company as prescribed in A.R.S. § 28-9507, at intervals determined by the Department.

B. A vehicle for hire company shall make all records described under subsection (A) available to the Department for review at an Arizona location.

C. The Department shall conduct a record review during the vehicle for hire company's normal business hours.

D. The Department may conduct a periodic, random inspection of a taxi meter and any vehicle for hire, or in response to a complaint by the public. An inspection may include an inspection of the taxi meter in a taxi and the signage required by A.R.S. § 28-9506.

E. After the inspection, the Department shall provide a copy of the inspection report to the vehicle for hire company or the designated point of contact. The report shall include any deficiencies or violations indicated during the inspection.

History

• Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-1008 Posting of Fares

A. When a livery vehicle provides local transportation at fares that are established in a contract with a government agency, the livery vehicle interior signage shall indicate that fares are determined by contract with a government agency when providing those services.

B. When a livery vehicle provides local transportation services at fares that are not established in a contract with a government agency, the livery vehicle interior signage shall post fares in accordance with A.R.S. § 28-9506(A)(2).

History

• Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Ariz. Admin. Code § R17-5-1009 Appealable Agency Actions; Rehearing; Judicial Review

A. A.R.S. Title 41, Chapter 6, Article 10 applies to all contested cases and all appealable agency actions of the Department under A.R.S. Title 28, Chapter 30, Article 2.

B. A vehicle for hire company whose permit, renewal, or authority is denied has a right to a hearing, an opportunity for rehearing under A.R.S. Title 41, Chapter 6, Articles 6 and 10, and if the denial is upheld, judicial review under A.R.S. Title 12, Chapter 7, Article 6.

History

• Adopted by final rulemaking at 23 A.A.R. 223, effective 3/6/2017.

Chapter 6 DEPARTMENT OF TRANSPORTATION OVERSIZE AND OVERWEIGHT SPECIAL PERMITS

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R17-6-101 General Provision; Definitions; Time of Day

A. General Provision. The Department shall issue and regulate oversize and overweight special permits as provided under this Chapter. The Department implements these Sections under authority of A.R.S. §§ 28-366, 28-1103, 28-1104, and 28-7045, in collaboration with the Overdimensional Permit Council as prescribed under A.R.S. § 28-1150.

B. Definitions. In addition to the definitions prescribed under A.R.S. §§ 28-101 and 28-601, the following terms apply to this Chapter, unless otherwise specified:

"AASHTO" means the American Association of State Highway Transportation Officials.

"ADOT" means the Arizona Department of Transportation.

"Applicant" means a person or entity seeking to obtain a special permit or envelope permit from the Department under A.R.S. Title 28, Chapter 3, Article 18 or 19, and this Chapter.

"Appurtenance" means any not readily removable manufacturer-installed or dealer-installed fixture attached to a vehicle or load that increases a peripheral dimension of the vehicle or load.

"Arizona Central Commercial Permits Office" means the statewide ADOT ECD office identified on the Department's website as a location available for oversize and overweight special permit and envelope permit information, application, and issuance.

1225 N. 25th Avenue

Phoenix, Arizona 85009

Voice line: (602) 712-8851

Facsimile: (602) 272-1887

Internet: www.azdot.gov/mvd/commercialenforcement/permrequest-forms.asp

"Cargo carrying unit" has the same meaning as prescribed under A.R.S. § 28-1103.

"Certified law enforcement officer" means a person who is an active duty Arizona peace officer standards and training board certified peace officer.

"Class C Unit" means the statewide ADOT office for class C oversize and overweight special permit applications and information:

206 S. 17th Avenue, Mail Drop 004R

Phoenix, AZ 85007

Voice: (602) 712-8176 or (602) 712-8280

Fax: (602) 712-3380

Internet: www.azdot.gov

"Combination of vehicles" has the same meaning as prescribed under A.R.S. § 28-101, which does not include a mobile home.

"Continuous travel" means the ability to operate or transport an oversize, overweight, or oversize and overweight special permitted vehicle that meets all of the size and weight parameters provided by the Department under R17-6-205(B), R17-6-401(A), and R17-6-412, Table 4, at any time, 24 hours a day, 7 days a week.

"Department's website" means www.azdot.gov.

"ECD" means the Enforcement and Compliance Division of the Arizona Department of Transportation.

"Emergency vehicle" and "Emergency response vehicle" mean the same as prescribed under 23 U.S.C. § 127, which includes a vehicle designed to be used under emergency conditions to:

Transport personnel and equipment; and

Support the suppression of fires and mitigation of other hazardous situations.

"Envelope" has the same meaning as prescribed under A.R.S. § 28-1141, and encompasses the outermost dimensions of a vehicle or vehicle and load combination as prescribed under A.R.S. § 28-1144, without exceeding the maximum permitted weight computations for overweight axle group weight distribution as provided under R17-6-411.

"Envelope permit" has the same meaning as prescribed under A.R.S. § 28-1141, and as further prescribed under A.R.S. § 281144, which when issued by the Department for a vehicle or vehicle and load combination:

Restricts all loads to non-reducible only,

Allows unlimited trips within the permit's period of validity,

Allows the permitted carrier unlimited load changes,

Requires each transported load to meet all envelope dimensional criteria,

Restricts operation to certain routes, and

Makes the permit inapplicable for use in transporting a modular or mobile home.

"Escort" has the same meaning as prescribed under A.R.S. § 28-601, "escort vehicle."

"Established place of business" means a permanent site or location where an oversize or overweight special permit or envelope permit holder conducts business.

"Highway" has the same meaning as prescribed under A.R.S. § 28-101, "street" or "highway."

"Highway feature" means a roadway, structure, traffic control device, right-of-way, or any item connected with highway travel.

"Houseboat" means any large non-reducible watercraft, including a yacht, which when hauled on a vehicle issued an envelope or special permit by the Department as provided under A.R.S. § 28-1144(B), and this Chapter, will not exceed any allowable size or weight indicated on the permit.

"IFTA license" means an interstate user license issued by an applicant's base jurisdiction for fuel tax purposes under the International Fuel Tax Agreement as provided under A.R.S. Title 28, Chapter 16, Article 2, for operation of a use class motor vehicle that is not a recreational vehicle, but is a motor vehicle or vehicle combination designed, used, or maintained primarily for the transportation of persons or property, and:

Has two axles and a gross vehicle weight rating or declared gross vehicle weight of 26,001 pounds or more;

Has three or more axles regardless of weight; or

Has a gross combined weight rating or declared gross combined weight of 26,001 pounds or more.

"Interstate Highway System" means any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways located within the boundaries of this state, officially designated by the state transportation board, and approved by the United States Secretary of Transportation pursuant to 23 United States Code.

"Law enforcement escort" means a uniformed certified law enforcement officer in a fully marked patrol vehicle that accompanies an oversize or overweight special permitted vehicle.

"LCV" means longer combination vehicle, which has the same meaning as prescribed under 23 CFR 658.5.

"Legal weight" means within the maximum gross weight limitations prescribed under A.R.S. § 28-1100 and R17-6-102, Table 1.

"Mobile home" has the same meaning as prescribed under A.R.S. § 28-2001, which may include a mobile home, a manufactured home, or a factory-built building as more specifically prescribed under A.R.S. § 41-4001, if used in the same context as a mobile home prescribed under A.R.S. § 28-2001.

"Motor home" has the same meaning as prescribed under A.R.S. § 28-4301.

"Mountain Standard Time" means the standard time in Arizona as prescribed under 49 CFR 71 and A.R.S. § 1-242.

"National Network" has the same meaning as prescribed under A.R.S. § 28-1092, designated under A.R.S. § 28-1093(C), and detailed under:

23 CFR 658, appendix A, for movement of a vehicle, combination of vehicles, or vehicle and load combination exceeding an overall length or width limitation provided under R17-6-102, Table 1; or

23 CFR 658, appendix C, and A.R.S. § 28-1095(F), for movement of longer combination vehicles exceeding a size or weight limitation provided under R17-6-102, Table 1.

"Natural forest products" include raw or unfinished logs, timber, pulpwood, biomass, wood chips, etc.

"Non-articulated" means any segment of a vehicle or combination of vehicles constructed or configured without hinged mechanisms, bendable joints, or other flexible points of pivot, swivel, or turning, which may hinder or prevent vertical or horizontal movement during transport or while attempting to negotiate turns.

"Non-reducible " or "non-reducible load or vehicle" has the same meaning as prescribed under 23 CFR 658.5, "nondivisible load or vehicle," which applies to any load or vehicle exceeding an applicable length or weight limit that if separated into smaller loads or vehicles would:

Compromise the intended use of the vehicle, i.e., make it unable to perform the function for which it was intended;

Destroy the value of the load or vehicle, i.e., make it unusable for its intended purpose; or

Require more than eight workhours to dismantle using appropriate equipment, with the applicant having the burden of proof as to the number of workhours required to dismantle the load.

"Oversize" means a size of vehicle, combination of vehicles, or vehicle and load combination that exceeds a maximum legal size limitation provided under A.R.S. Title 28, Chapter 3, Article 18 or 19.

" Over-the-road bus" has the same meaning as prescribed under A.R.S. § 28-1099.

"Overweight" means a weight of vehicle, combination of vehicles, or vehicle and load combination that exceeds a maximum legal weight limitation provided under A.R.S. Title 28, Chapter 3, Article 18 or 19.

"Permittee" means a person or entity to whom the Department issues an oversize or overweight special permit or envelope permit under this Chapter, and who is responsible for meeting the obligations, responsibilities, and specifications indicated on the permit.

"Person" has the same meaning as prescribed under A.R.S. § 28-5201.

"Pounds per inch of tire width" means a measure of load restriction based on rated tire size, which is determined by dividing the weight carried by an axle group, in pounds, by the number of tires in the group and dividing that result by the manufacturer's rated tire width indicated on the sidewall of the tire, or in the absence of sidewall marking, the load rating specified in any publication of an organization listed under 49 CFR 571.119, Federal Motor Carrier Safety Standard No. 119.

"Power unit" has the same meaning as prescribed under A.R.S. § 28-1141.

"Public weighmaster" has the same meaning as prescribed under A.R.S. § 3-3401.

"Special permit" means a document issued by the Department under A.R.S. § 28-1103, which authorizes a permittee or driver to operate or transport an oversize, overweight, or oversize and overweight vehicle, combination of vehicles, or vehicle and load combination on the State Highway System, subject to the terms and conditions of the permit issued.

"Special permitted vehicle" means the vehicle, combination of vehicles, or vehicle and load combination described to the Department by a special permit applicant on application for a special permit, as required under A.R.S. § 28-1104, the description of which is then recorded on the Department's computer systems for analysis, approval, and subsequent documentation on any special permit issued by the Department.

"Specified load" means the dimensions and weights a special permit applicant declares to the Department, as provided under A.R.S. § 28-1104, regarding any item or series of items to be transported throughout an entire permit period.

"State Highway System" means all state routes and state highways owned, operated, and maintained by the Department as designated by the state transportation board under A.R.S. § 28-304(B)(2), including all U.S. routes and Interstate highways located within the boundaries of this state.

"Sunrise" and "sunset" have the same meaning and daily calculation as prescribed by the United States Naval Observatory (USNO), which:

The Department uses to determine normal permit transport start and stop times as provided under R17-6-401 ; and

An interested person may access online at aa.usno.navy.mil, or in hardcopy format from the Arizona Central Commercial Permits Office or any Arizona Port of Entry location listed on the Department's website.

"Tandem axle" has the same meaning as prescribed under A.R.S. § 28-1100(B).

"TI" means traffic interchange, which is a junction of roadways arranged to allow for the free flow of traffic uninterrupted by crossing traffic routed over or under the main roadway.

"Towaway trailer transporter combination" means a combination of vehicles consisting of a trailer transporter towing unit and two trailers or semitrailers as inventory of the trailer or semitrailer manufacturer, distributor, or dealer, and the total weight of the combination plus any property carried does not exceed 26,000 pounds.

"Trailer transporter towing unit" means a power unit that is not used to carry property when in a towaway trailer transporter combination.

"Tridem axle" means a group of three axles connected by a common suspension system, or any three consecutive axles whose extreme centers may be included between parallel transverse vertical planes spaced nine to fourteen feet apart, extend across the width of the vehicle, and are individually attached to, or articulated from, a common attachment to the vehicle, or are designed to automatically equalize the load between the three axles.

"USDOT number" means the motor carrier identification number, assigned to a company by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration, preceded by the letters USDOT.

"Use class motor vehicle" has the same meaning as prescribed under A.R.S. § 28-5601.

"UX" means a temporary highway or route segment designated by the Department as:

A segment of highway no longer part of the mainline U.S. system of highways, but still owned and maintained by the Department; or

A portion of a U.S. Route affected by mining operations and subject to realignment by the mining company as the mine expands operations.

"Watercraft" has the same meaning as prescribed under A.R.S. § 5-301 that is properly registered with the Arizona Game and Fish Department or the U.S. Coast Guard.

C. Time of Day. In this Chapter, a time of day prescribed is Mountain Standard Time as defined under subsection (B) except where a route on the State Highway System traverses a tribal nation that adopts Daylight Saving Time under 49 CFR 71.2.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 13 A.A.R. 866, effective March 6, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-102 Threshold Dimensions; Special Permit Exemptions

A. Unless exempt under this Section or A.R.S. § 28-1091(C), § 28-1093(D), or § 28-1095(A)(6), a person shall obtain and carry an oversize or overweight special permit issued by the Department under this Chapter if transporting a vehicle or load exceeding any dimension provided under Table 1 using any route on the State Highway System

B. A permittee and a driver of an oversize or overweight special permitted vehicle shall comply with all applicable:

1. Safety requirements provided under Article 3, and

Transport provisions provided under Article 4.

C. An oversize or overweight special permit is not required if crossing a route on the State Highway System at a level grade and no highway structures are involved.

D. An oversize or overweight special permit is not required for snow removal equipment operated by one of the following:

1. An Arizona state agency,

2. An Arizona county,

3. An Arizona city, or

4. An Arizona municipality other than a city.

E. The special permit exemption provided under subsection (D) applies only to snow removal equipment traveling on its own wheels and:

Operating for the purpose of clearing snow or ice,

2. Traveling to a facility for repair, or

3. Traveling to a location used for the purpose of loading or unloading de-icing materials.

F. The operator of an oversize or overweight vehicle exempt from the special permit requirement under this Section shall comply with all applicable safety requirements provided under Article 3 unless otherwise prescribed by statute.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-103 General Application Procedure for Special Permits

A. Except as provided under subsections (E) and (F), an applicant shall apply to the Department using one of the following methods.

1. For an oversize or overweight special permit:

a. Complete an oversize/overweight special permit application form, available on the Department's web site at www.azdot.gov, and fax, mail, or deliver the written application to the Arizona Central Commercial Permits office at the location provided under R17-6-101, or an Arizona port of entry identified by the Department on its Enforcement Compliance Division - Commercial Vehicle Enforcement Services web page; or

b. Complete and submit the oversize/overweight special permit application form online at www.azdot.gov or apply through the Department's electronic service provider if the appropriate permit is available for online purchase.

2. For an envelope permit:

a. Complete an envelope permit application form, available on the Department's web site at www.azdot.gov, and fax, mail, or deliver the written application to the Arizona Central Commercial Permits office at the location provided under R17-6-101 ; or

b. Submit the written application form to an Arizona port of entry identified by the Department on its Enforcement Compliance Division - Commercial Vehicle Enforcement Services web page.

A. Unless otherwise provided in this Chapter, an applicant may apply to the Department as provided under subsection (B) for an oversize, overweight, or oversize and overweight special permit to transport a specific non-reducible vehicle, combination of vehicles, or vehicle and load combination that does not exceed:

1. A class A oversize and overweight special permit limitation provided under R17-6-201 ;

2. A class C - Tridem special permit limitation provided under R17-6-212 ; or

3. Any other applicable State Highway System restriction, condition, or allowance prescribed by the Department under R17-6-412, Table 4.

B. An applicant may request a special permit prescribed under subsection (A), by:

1. Completing the electronic application process provided on the Department's website; or

2. Completing an oversize/overweight special permit application form, provided by the Department on its website, and mailing or delivering the written application to the address indicated on the application.

C. Unless otherwise provided in this Chapter, an applicant may request from the Class C Unit a class C special permit, class C - Mobile Home special permit, or Easy C

• Mobile Home special permit to transport a specific non-reducible vehicle, combination of vehicles, or vehicle and load combination that exceeds a limit provided under subsection (A), by:

Completing the electronic application process provided on the Department's website, or completing a class C oversize/over-weight special permit application form, provided by the Department on its website, and mailing the written application to the Class C Unit as indicated on the application; and

2. Following all additional application procedures provided under R17-6-104 and R17-6-211, as applicable.

D. An applicant requesting a special permit to transport a self-propelled mobile crane, drilling rig, or similar specialty equipment shall additionally follow the application procedures provided under R17-6-205.

E. An applicant requesting a special permit to transport an LCV shall follow the application procedures provided under R17-6-206.

F. An applicant requesting an envelope permit shall follow the application procedures provided under Article 5, of this Chapter.

B. G. Unless otherwise provided under this Chapter, an applicant for an oversize or overweight special permit shall provide to the Department, at the time of application, all applicable fees and information required by the Department for issuance of an appropriate class of permit, including:

1. Motor carrier related information:

a. Name and address of the applicant's principal or established place of business;

b. Name, phone number, and email address of an official company representative; and

c. USDOT number;

2. Power unit related information:

a. Vehicle make, body style, and year;

b. Vehicle identification number;

c. Unit number assigned;

d. License plate number; and

e. Base jurisdiction - state of registration;

3. Vehicle and load combination related information:

a. Trailer plate number(s);

b. Total number of axles;

c. Overall gross weight;

d. Overall length, width, and height; and

e. Length of front and rear overhang if applicable;

4. Load related information:

a. Specific load description;

b. State and federal routes requested;

c. Starting and ending location within the state;

d. If the load is overweight:

i. Axle spacing measurements,

ii. Axle width measurements,

iii. Number of tires per axle,

iv. Weight measurements per axle, and

v. Width of each tire;

e. If the load is a mobile home:

i. Complete serial number; and

ii. Evidence of payment of all applicable ad valorem taxes, as required under A.R.S. § 28-1104, in the form of a 504 tax clearance permit issued by the county in which the mobile home is currently located;

5. Load related information for movement of a mobile home shall additionally include:

a. Manufacturer's name;

b. Brand name or model;

c. Complete serial number assigned; and

d. Evidence of payment of all applicable ad valorem taxes as required under A.R.S. § 28-1104 in the form of a Mobile Home Property Tax Clearance 504 issued by the county in which the mobile home is currently located if movement of the mobile home is being conducted for a reason other than an original sale, exchange, or lease-purchase to a consumer.

5.6. Proof of valid registration that complies with the requirements of A.R.S. § 28-2153; and

6.7. Proof of a valid IFTA license that complies with the requirements of A.R.S. § 28-5742, if applicable.

C. H An applicant for an oversize or overweight special permit shall certify to the Department that all information provided on the application is true and correct.

D. An applicant requesting a special permit for transport of a self-propelled mobile crane, drilling rig, or similar specialty equipment shall additionally follow the application procedure provided under R17-6-205 .

E. An applicant requesting a special permit for transport of a specific non-reducible vehicle and load combination with a dimension that exceeds a class A oversize and overweight special permit limitation provided under R17-6-201, or that exceeds the maximum permitted weight computations for overweight axle group weight distribution as provided under R17-6-411, shall follow the application procedures provided under R17-6-104 and R17-6-204 .

F. An applicant requesting a special permit for transport of an LCV shall follow the application procedure provided under R17-6-206 .

I. For the purposes of oversize or overweight special permit application and issuance under this Article for travel on the State Highway System, the term "non-reducible load or vehicle" may include any of the following vehicles, or vehicle and load combinations:

1. Casks designed for the transport of spent nuclear materials;

2. Emergency vehicles or emergency response vehicles, including those loaded with salt, sand, chemicals or a combination thereof, with or without a plow or blade attached in front, and being used for the purpose of spreading the material on highways that are or may become slick or icy;

3. Military vehicles transporting marked military equipment or material;

4. Bulk milk transport tankers or trucks carrying fluid milk products; and

5. Vehicles or vehicle and load combinations transporting or removing natural forest products or biomass from certain areas within this state, subject to all terms and conditions set by the Department on issuance of a special permit, as provided under R17-6-207.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-104 Additional Special Permit Requirements and Restrictions; Engineering Analysis

A. To promote safe transport of oversize and overweight vehicles, combinations of vehicles, or vehicle and load combinations, the Department's Class C Unit shall evaluate each class C special permit application to determine, on a case-by-case basis, whether additional permit requirements or restrictions are appropriate and necessary as a condition of permit approval. The Department's decision to require additional permit restrictions shall be based on its consideration of:

1. Bridge capacities;

2. Load size and weight;

3. Pavement stress;

4. Road width, grade, and condition; and

5. Traffic dynamics of the proposed route.

B. The Department shall require a special permit applicant to obtain an engineering analysis for transport of an overweight vehicle, combination of vehicles, or vehicle and load combination:

Exceeding 250,000 pounds;

Exceeding the maximum permitted weight computations for overweight axle group weight distribution as provided under R17-6-411 ; or

3. Exceeding a bridge weight restriction provided under R17-6-412, Table 4.

C. If the Department requires an engineering analysis of a proposed route as a condition of permit approval, and is unable to dedicate the employee resources necessary to timely complete the required analysis, a special permit applicant may obtain an analysis prepared by a non-Department engineer at the applicant's own expense.

1. An engineer registered by the Arizona State Board of Technical Registration in structural or civil engineering, as prescribed under A.R.S. Title 32, Chapter 1, shall prepare an engineering analysis of the proposed route according to industry standards.

2. The special permit applicant shall submit to the Department for review any engineering analysis prepared by a non-Department engineer.

3. An engineering analysis is considered by the Department to be compliant with industry standards if prepared according to the following publications, available on the Department's website:

a. The most recently published edition of the AASHTO Manual for Bridge Evaluation, including all interims, standards, or guidelines;

b. The most recently published edition of the AASHTO Load and Resistance Factor Design (LRFD) - Bridge Design Specifications, including all interims, standards, or guidelines; and

c. The ADOT Bridge Load Rating Guidelines and Bridge Design Guidelines.

4. The non-Department engineer shall certify that an applicant's overweight vehicle will not overstress or damage any element of:

a. A highway structure, or

b. Any other state property.

D. An applicant for a class C special permit shall submit to the Department, at the time of special permit application, all applicable fees required under R17-6-211 for preparation or review of an engineering analysis.

E. An applicant for a class C special permit may resubmit an engineering analysis approved by the Department within the previous 12 months if:

1. The size and weight of the applicant's vehicle and load are identical to the previously approved permit application;

2. The segments of the applicant's proposed route are within the outer limits of the previously approved route; and

3. The condition of the highway structure or other state property has not changed.

F. The Department shall conduct a separate review and approval process for each engineering analysis submitted under this Section.

G. If the applicant's engineering analysis shows that a highway structure will not support the overweight vehicle as requested, the Department shall deny the application for a class C special permit.

H. If the Department determines that a potential traffic safety risk exists, a class C special permit applicant shall submit to the Department a route survey and contingency plan as provided under R17-6-108.

I. The Department of Transportation, the Department of Public Safety, or any other law enforcement entity lawfully authorized to provide certified weights may weigh a class C special permitted vehicle and load exceeding 250,000 pounds, or require the applicant to have the vehicle and load weighed as prescribed under A.R.S. § 28-1102.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-105 Special Permit Limitation

An applicant or permittee may apply to the Department for a special permit to transport an oversize, overweight, or oversize and overweight vehicle or vehicle and load combination on any part of the State Highway System as provided under this Chapter. An applicant or permittee shall apply separately with other applicable political subdivisions or tribal nations for permission to operate on a county, municipal, or tribal route.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-106 Special Permit Extension

A. Upon request by a permittee, the Department may authorize a one-time extension of up to four days for a single-trip special permit if:

1. The permittee needs to exchange a permitted vehicle for another due to mechanical failure, or

2. Transport by the permitted vehicle is delayed by inclement weather.

B. Except as provided under subsection (C), a permittee may request and receive authorization for the extension provided under subsection (A) by contacting the Department at the telephone number indicated on the special permit.

1. By signature of an authorized ECD agent, or

2. By telephone in an emergency situation after first contacting Arizona Central Commercial Permits or the Arizona port of entry closest to the affected area as listed on the Department's web site at www.azdot.gov.

C. A special permit extension authorization for a class C special permit is only available through the Class C Unit and may be requested by contacting the Department at the telephone number indicated on the special permit.

D. A special permit extension request due to mechanical failure shall include:

1. A written statement from the repair facility, on company letterhead, referencing the necessary repairs; and

2. Any new power unit and registration numbers, if applicable.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-107 Special Permit Confiscation

A. Except as provided under subsection (B), a peace officer designated by the Director under A.R.S. § 28-369 may confiscate an oversize or overweight special permit before its expiration date if the permittee or driver is cited for a violation of this Chapter or A.R.S. Title 28, Chapter 3, Article 18.

B. The Director may suspend, revoke, and retrieve an envelope permit as provided under A.R.S. § 28-1147 and R17-6-509.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-108 Route Survey and Contingency Plan

A. To promote safe transport of oversize and overweight vehicles, combinations of vehicles, or vehicle and load combinations, the Department shall evaluate each class C special permit application to determine, on a case-by-case basis, to determine whether a potential traffic safety risk exists that may require a comprehensive traffic control route survey and contingency plan as a condition of permit approval. The Department's decision to require a comprehensive traffic control route survey and contingency plan shall be based on its consideration of:

1. Bridge capacities;

2. Load size and weight;

3. Pavement stress;

4. Road width, grade, and condition; and

5. Traffic dynamics of the proposed route.

B. If the Department determines that a potential traffic safety risk exists, a class C special permit applicant shall submit to the Class C Unit at the time of application, a route survey and contingency plan, which shall address all of the following items:

1. Identify all roadway features located along the proposed route that may inhibit movement of the vehicle, combination of vehicles, or vehicle and load combination;

2. Identify all obstructions that may be subject to potential disturbance or damage;

3. Specify how all structures, delineators, foliage, and official traffic control devices will be managed or avoided;

4. Specify all available pullout points located along the proposed route listed by highway and milepost number;

5. Specify how all side traffic will be managed;

6. Specify the rate of speed at which the load will travel along the proposed route;

7. Specify the approximate times during which the load is expected to be in transit;

8. Specify the plan to be followed in the event of a breakdown; and

Indicate the estimated time needed to change out a power unit or other special equipment if the Department, through detailed analysis and as a condition of permit approval, requires the use of an additional power unit or other special equipment to ensure safe transport of the proposed load. The Department's decision to require an additional power unit or other special equipment shall be based on its consideration of the:

a. Estimated timing involved with clearing a route after a breakdown;

b. Expected weather conditions;

c. Proximity and availability of reserve resources;

d. Size and weight of the load;

e. Traffic dynamics of the proposed route; and

f. Width, grade, and condition of the roads.

C. As a condition of class C special permit issuance, the Department may require an applicant to coordinate use of one or more law enforcement escorts as needed to ensure public safety while transporting a proposed load.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). New section made by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-109 Special Permit Denial

The Department shall deny an oversize or overweight special permit application, or revoke and confiscate a previously approved special permit, if:

1. The proposed transport route or a structure on the route is:

a. Unable to bear the size or weight of the transport vehicle and load according to the maximum permitted weight computations for overweight axle group weight distribution as provided under R17-6-411,

b. Under repair, or

c. Temporarily closed due to a hazardous condition listed under R17-6-405 ;

2. An applicant for a permit to transport a mobile home does not provide written proof of ad valorem tax payment or clearance as required under A.R.S. § 28-1104; or

3. The Department determines that the special permit applicant made a material misrepresentation or misstatement on the permit application or any other document submitted to the Department in support of the permit application.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-110 Liability

A person who operates an oversize or overweight special permitted vehicle and a person who causes the vehicle to be operated shall be liable for any damage caused to a state highway by the oversize or overweight vehicle or load during transport as provided under A.R.S. § 28-1107.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013.

Ariz. Admin. Code § R17-6-111 Administrative Hearing

1. Denied,

2. Confiscated, or

3. Revoked.

If the Department denies an oversize or overweight special permit application, or revokes and confiscates a previously issued special permit, the permittee may appeal the action using the procedure provided under 17 A.A.C. 1, Article 5.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013.

Ariz. Admin. Code § R17-6-112 Emergency Operation Provision

A. For a statewide or local emergency that affects public welfare or safety, according to general powers under A.R.S. §§ 28-363(A)(5) and 28-364(B), the Director may authorize transport of an oversize or overweight vehicle or load without a special permit for purposes of relief or repair.

B. For a national emergency, the Director may issue a special permit authorizing operation of a reducible oversize or overweight vehicle, or vehicle and load combination, on the Interstate Highway System if the President has declared an emergency or a major disaster under 42 U.S.C. § 5121. A special permit provided by the Department under this subsection shall be:

Issued in accordance with all applicable state laws;

2. Issued exclusively for delivering relief supplies or providing other direct assistance in efforts to help alleviate any damage, loss, hardship, or suffering caused by such event; and

3. Issued to expire not later than 120 days after the date on which the President declares the emergency or major disaster, whichever declaration occurred first.

B. C. Authorization for emergency operation under this Section may be obtained by contacting the Department's Traffic Operations Center at 1-800-379-3701.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-113 Electronic Access to Local Permit Ordinances and Rules

A. A local authority that issues oversize and overweight special permits under A.R.S. § 28-1103, and this Chapter, shall make available, provide to the Department's Arizona Central Commercial Permits office Class C Unit, an Internet a web link to where the public may use to electronically access the local authority's current ordinances and rules relating to the excess size and weight special permits can be electronically accessed

B. The Department shall immediately post each web link received from a local authority under subsection (A) and A.R.S. § 28-1103 to its website at www.azdot.gov.

C. A local authority shall provide, to the Department's Class C Unit, an electronic copy of all ordinances adopted and enforced by the local authority with respect to highways under its jurisdiction as required under A.R.S. § 28-1103(F), as follows:

1. Email one copy of all applicable local ordinances formatted as a word document (.doc,.docx,.rtf,.pdf, etc.) to StatewidePer-mits@azdot.gov; and

Email one copy of any change the local authority is considering, proposing, or making to any applicable local ordinance to State-widePermits@azdot.gov.

D. If a local authority informs the Department of an urgent need for an ordinance to be posted to the Department's website for the protection of public safety, the Department may post the information to its website as proposed, and forward an electronic copy of the proposed ordinance to the Overdimensional Permit Council for further review as required by law.

History

• New Section made by final rulemaking at 13 A.A.R. 866, effective March 6, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Article 2 SPECIAL PERMIT CLASSES AND FEES

Ariz. Admin. Code § R17-6-201 Class A Oversize and Overweight Special Permit - Specific Non-reducible Vehicle, Load, or Combination

A. The Department shall issue a multiple or single trip, multiple trip, or annual class A oversize, overweight, or oversize and overweight special permit according to the following criteria for a specified nonreducible specific non-reducible vehicle, combination of vehicles, or vehicle and load combination that exceeds a dimension provided under R17-6-102, Table 1, but does not exceed the maximum permitted weight computations for overweight axle group weight distribution as provided under R17-6-411, or any of the following maximum limits:

| Vehicle or load description | A specific non-reducible vehicle or load over a threshold dimension provided under R17-6-102, Table 1, to a maximum: | | | --- | --- | --- | | Width | 14 feet | | | Height | 16 feet | | | Overall length | 120 feet | | | Width | 14 feet | | | Weight | 250,000 lbs. | | | Permit option | Single trip: 96-hour maximum | | | Multiple trip: 30-day maximum | | | | Standard permit fee for weight not exceeding 80,000 pounds (A.R.S. § 28-1105) | Single trip: 96-hour maximum | $15 | | Multiple trip: 30-day maximum | $30 | | | Multiple trip: one year | $360 | | | Overweight permit fee for weight exceeding the legal threshold under R17-6-102, Table 1, but not exceeding 250,000 pounds (A.R.S. § 28-1105) | Single trip | $75 | | Multiple trip: 30-day maximum | $75 | | | Multiple trip: one year | $600 | |

B. An applicant for a class A oversize, overweight, or oversize and overweight special permit shall apply to the Department and submit appropriate fees using the application procedure provided under R17-6-103.

C. A permittee or driver of an oversize, overweight, or oversize and overweight special permitted vehicle, shall not access a route listed under R17-6-412, Table 4, unless operating in full compliance with all indicated restrictions and requirements.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-202 [Repealed]

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Repealed by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-203 Class A - Oversize Recreational Vehicle Special Permit - Commercial Transport

A. The Department shall issue a class A - Oversize Recreational Vehicle special permit according to the following criteria for a commercial transporter of a recreational vehicle that exceeds the width threshold prescribed under A.R.S. § 28-1093 and R17-6-102, Table 1, but does not exceed the following maximum limit:

| Vehicle or load description | A dealer, manufacturer, or transporter hauling or driving on behalf of a dealer, manufacturer, or consumer a recreational vehicle that exceeds the legal width threshold provided under R17-6-102, Table 1, but is otherwise in conformance with configuration requirements provided under A.R.S. § 28-1093 for excess width attributable to recreational vehicle appurtenances. | | --- | --- |

| Standard permit fee for weight not exceeding | Multiple trip: 30-day maximum | $30 | | --- | --- | --- | | 80,000 pounds (A.R.S. § 28-1105) | Multiple trip: one year | $360* | | *For each original annual permit purchased, the Department may issue up to 24 additional copies of that permit, all of which are valid for unlimited use by the permittee throughout the permitted period for an unlimited number of vehicles. | | |

B. An applicant for a class A - Oversize Recreational Vehicle special permit shall apply to the Department and submit appropriate fees using the application procedure provided under R17-6-103.

C. A permittee or driver of an oversize or overweight vehicle or load shall not access a route listed under R17-6-412, Table 4, unless operating in full compliance with all indicated restrictions and requirements.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-204 Renumbered

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered to R17-6-211 by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-205 Class A - Crane Oversize and Overweight Special Permit - Self-propelled Mobile Crane, Drilling Rig, or Similar Specialty Equipment

A. The Department shall issue a class a oversize, overweight, or oversize and overweight special permit for a specific non-reducible self-propelled mobile crane, drilling rig, or similar specialty equipment that exceeds a dimension provided under R17-6-102, Table 1, but is within the class A maximum limits prescribed under R17-6-201.

B. Unless restricted under R17-6-404 or R17-6-412, Table 4, a permittee or driver of a self-propelled mobile crane, drilling rig, or similar specialty equipment issued a special permit under this Section is eligible for continuous travel if the specialty equipment does not exceed any of the following dimensions:

1. 11 feet in width;

2. 14 feet 6 inches in height;

3. 10 feet in length of front overhang;

4. 10 feet in length of rear overhang;

5. 120 feet in overall length; or

6. 250,000 pounds.

B. C. An applicant for a class A - Crane special permit under this Section shall submit to the Department, with all appropriate fees, an application form provided by the Department that includes all of the following information:

1. Specific dimensions of the vehicle and load combination, including:

a. A detailed description;

b. A detailed drawing that illustrates all of the following:

i. Axle spacing;

ii. Axle weight;

iii. Axle width;

iv. Tires per axle;

v. Tire width as designated by the manufacturer;

vi. Maximum width to the outside of the axles, excluding any load-induced tire bulge; and

vii. Load weight;

c. A detailed listing of all equipment to be included, such as counterweights, outriggers, boom position, position of boom dolly, etc.; and

d. A table of loads supplied by the manufacturer listing component and total weights;

2. Proof of gross weight:

a. For an initial application, a public weighmaster's certificate of weight and measure issued at a certified public scale once the vehicle is equipped and set for highway travel; or

b. For a renewal application, a certification by the applicant that no dimension has changed and the vehicle does not exceed the originally certified dimensions or weights;

3. Proof of valid registration that complies with the requirements of A.R.S. § 28-2153;

4. Proof of a valid IFTA license that complies with the requirements of A.R.S. § 28-5742 if applicable; and

5. Documentation of any applicable encroachment permit obtained under 17 A.A.C. 3, Article 5, if the applicant must temporarily move any state-owned highway feature as part of a planned transport.

C. D. The permittee and driver are responsible for ensuring that the dimensions and weights of a special permitted vehicle remain in compliance with the dimensions and weights certified by the permittee to the Department on application for the permit, and that all permit restrictions indicated by the Department on the special permit are followed. Violation of the terms of a permit in size, weight, length, height, boom position, dolly position, trailer position, or any other restriction indicated on the permit shall render the permit invalid and no permit fee or portion thereof will be refunded. Special permits are non-transferable and non-refundable.

D. E. A permittee or driver of an oversize or overweight vehicle or load shall not access a route listed under R17-6-412, Table 4, unless operating in full compliance with all indicated restrictions and requirements.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-206 Class E Oversize and Overweight Special Permit - Reducible Multiple Trailer LCV

A. The Department shall issue a class E oversize or overweight special permit according to the types and restrictions listed under Table 2 for transporting reducible loads on the National Network using an LCV consisting of a truck, or truck tractor with semitrailer, and one or more trailing units.

1. A person who operates, and a person who causes to be operated, an oversize or overweight special permitted vehicle shall be jointly responsible for meeting all permit requirements; and

2. A person shall not operate any other trailer configuration or multiple trailer combination under the class E special permit, unless authorized by the Department and specifically indicated on the permit.

B. The Department shall issue a class E oversize or overweight special permit for an LCV only at the following state ports of entry:

1. Page,

2. St. George, or

3. Teec Nos Pos.

C. An applicant for a class E oversize or overweight special permit shall submit to the Department, with all appropriate fees, an application form provided by the Department that includes all of the following information:

1. Specific dimensions of the vehicle and load combination;

2. Proof of valid registration that complies with the requirements of A.R.S. § 28-2153;

3. Proof of a valid IFTA license that complies with the requirements of A.R.S. § 28-5742, if applicable; and

4. Other information as needed by the Department to issue an appropriate permit, which includes:

a. Company name;

b. Company or terminal address;

c. Company USDOT #;

d. Company mailing address;

e. Company contact name, address, telephone number, and fax number or email address;

f. Company representative's name and title; and

g. Specific routes requested.

D. A person who operates, and a person who causes to be operated, an oversize or overweight special permitted vehicle shall be jointly responsible for meeting all permit requirements.

D. E. The permittee or driver of a class E special permitted vehicle and load combination shall comply with the federal bridge formula axle group weight limitations provided under A.R.S. § 28-1100(A)(4) and any other applicable State Highway System restrictions, conditions, or allowances provided by the Department under R17-6-412, Table 4.

F. A permittee or driver shall not operate any other trailer configuration or multiple trailer combination under the class E special permit, unless authorized by the Department and specifically indicated on the permit.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-207 Suspension of Length Restrictions and Weight Limitations on State Routes and Highways; Healthy Forest

A. The Department, after conducting appropriate engineering and traffic review and analysis, may grant temporary relief from any existing length or weight restriction placed on a highway, or otherwise authorize reasonable access to any state or federal highway or route maintained by and under the jurisdiction of the Department by issuance of a special permit as provided under A.R.S. §§ 28-1103 and 28-1104.

B. An applicant for a special permit, issued by the Department as prescribed under subsection (A), shall apply to the Department using the application procedure provided under R17-6-103.

C. A special permit issued by the Department under subsection (A) subjects the permittee to all terms and conditions indicated on the special permit, including the period of time for which the special permit is valid, and may be renewed.

D. To protect life, property, and environmental concerns the Department may issue a special permit under subsection (A) for the operation of an overweight vehicle or vehicle and load combination transporting timber or natural forest products, if the vehicle or vehicle and load combination is within the class A maximum limits prescribed under R17-6-201, and:

1. Configured using one or two tridem axle groups appropriately spaced to meet any axle group weight limitations required by the Department after completing a bridge analysis on all affected routes;

2. Traveling on an authorized highway or roadway, the maintenance of which is under the jurisdiction of the Department;

Operating in the furtherance of an ongoing cooperative effort between the U.S. Forest Service, the Arizona Department of Forestry and Fire Management, county officials, or an Arizona city or town to mitigate the effects of wildfires, correct damages, or improve and otherwise manage forest health by moving or removing natural forest products or biomass;

4. Working to reduce unnecessary fuel loads to safeguard the health, safety, and welfare of visitors to the National Forests and any residents of the surrounding communities by significantly reducing any future possibility of fueling a devastating forest fire; and

5. Complying with all route-specific restrictions, requirements, conditions, and allowances provided under R17-6-412, Table 4.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Repealed by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-208 [Repealed]

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Repealed by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-209 Class A - Watercraft Special Permit - Specific Vehicle and Watercraft Load Combination

A. The Department shall issue an annual class H overwidth A - Watercraft special permit according to the following criteria for multiple trips of a specified specific vehicle and overwidth watercraft load combination that exceeds the width threshold established under A.R.S. § 28-1093 and R17-6-102, Table 1:

| Vehicle or load description | A specific vehicle combination transporting an overwidth watercraft load that is currently registered with the Arizona Game & Fish Department or the U.S. Coast Guard (as applicable), is no more than 10 feet in width, and is within all other threshold dimensions provided under R17-6-102, Table 1 | | --- | --- | | Permit option | Multiple trip: one year | | Fee (A.R.S. § 28-1103) | $45 |

B. An applicant for an annual class A - Watercraft special permit shall apply to the Department and submit appropriate fees using the application procedure provided under R17-6-103.

C. In addition to the application procedure provided under R17-6-103, an applicant for an annual class A -Watercraft special permit shall submit to the Department proof of a valid watercraft registration or assigned watercraft registration number issued by the Arizona Game and Fish Department or U.S. Coast Guard.

D. A permittee or driver of an oversize or overweight vehicle or load shall not access a route listed under R17-6-412, Table 4, unless operating in full compliance with all indicated restrictions and requirements.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-210 Page-Lake Powell Area Houseboat Transport Provisions

A. A permit applicant shall use the procedures under this Section to apply for an extended approval class C special permit to transport a houseboat of the dimensions specified under subsection (C) on a highway listed under Table 5.

B. A permit applicant shall apply for a permit under this Section at the following Arizona Port of Entry location: Page Port of Entry

U.S. Highway 89, Milepost 551

P.O. Box 1807

Page, AZ 86040

Telephone: (928) 645-3269

Fax: (928) 645-9360

C. An extended approval class C special permitted vehicle with at least one front and one rear escort vehicle may operate on a highway listed under Table 5 during daylight hours as provided under R17-6-401, including any weekday, weekend, or holiday, if it does not exceed dimensions as follows:

1. 16 feet 6 inches in width;

2. 25 feet in height;

3. 120 feet in length;

4. 150,000 pounds; or

5. Axle weight limits listed in Tables 3.01 through 3.09.

D. An extended approval class C special permitted vehicle and load that exceeds 17 feet in height shall have a front escort with a height pole.

E. For an extended approval class C special permitted vehicle and load that exceeds 14 feet in width, a permittee or driver shall ensure an appropriate level of traffic control at the Glen Canyon Bridge on US 89 by closing access to the bridge at each end and at the visitor center driveway.

F. If a permit applicant seeks to transport outside the requirements of this Section, the permit applicant shall apply for a class C special permit according to the procedures provided under R17-6-211.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered from R17-6-413 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-211 Class C Oversize and Overweight Special Permits - Specific Non-reducible Vehicle, Load, or Combination Over Class A Limits

A. The Department shall issue a single trip class C oversize, overweight, or oversize and overweight special permit for a specific non-reducible vehicle, combination of vehicles, or vehicle and load combination that exceeds 250,000 pounds, a maximum permitted weight computation for overweight axle group weight distribution as provided under R17-6-411, an oversize or overweight special permit limitation provided under this Article, or a highway-specific restriction, requirement, condition, or allowance provided under R17-6-412, Table 4, according to the following criteria:

| Vehicle or load description | A non-reducible vehicle or load that exceeds the dimensions and weights of all other permit classes or when class C operation is proposed on a route further restricted under R17-6-412, Table 4 | | | --- | --- | --- | | Permit option - requires pre-approval by the Class C Unit | Single trip only | Load shall be specifically described by the applicant as provided under subsection (C) of this Section and A.R.S. § 28-1104 | | Standard permit fees (A.R.S. § 28-1105) | Oversize only | $15* | | Overweight only | $75* | | | Oversize and overweight | $75* | | | *In addition to the standard permit fees above, the Department shall collect the following class C review and analysis fee(s) as applicable to the applicant's proposed vehicle and load configuration: | | |

| Class C review and analysis fee (A.R.S. § 28-1103) | Height or width 18 feet or less | $15 | | --- | --- | --- | | Height or width over 18 feet | $25 | | | Engineering analysis (A.R.S. § 28-1103) | Prepared by non-ADOT engineer, and reviewed by ADOT engineer | $75 per 50 mile increment of proposed route | | Prepared by ADOT engineer | $125 per 50 mile increment of proposed route | |

B. An applicant for a class C oversize or overweight special permit shall:

1. Request a class C special permit using the appropriate application procedure provided under R17-6-103 and this Section;

2. Submit to the Class C Unit a completed class C special permit application, which shall include all additional information required under R17-6-104 and R17-6-108, as applicable, with all appropriate fees;

3. Contact all applicable utility and cable companies to verify adequate overhead cable and utility line clearances along the proposed route as required under R17-6-308 ;

4. Obtain an encroachment permit in advance of the proposed transport as provided under 17 A.A.C. 3, Article 5, if moving, manipulating, or intruding upon any fixed or temporary highway feature located within the right-of-way on any route of the State Highway System, such as a guard rail, signage, or signal; and

5. Provide and arrange for the use of additional traffic control devices appropriate for the proposed transport if the Department requires additional traffic control measures as a condition of permit approval. All additional traffic control devices shall conform to the manual and specifications adopted by the Department pursuant to A.R.S. § 28-641.

C. A complete class C special permit application for transporting an oversize, overweight, or oversize and overweight vehicle, combination of vehicles, or vehicle and load combination shall:

1. Include all information and fees required under R17-6-103(G) and this Section;

1.2. Indicate the origin address and destination address of the proposed route;

2. Document the specific overall dimensions of the vehicle with its specified load, to include:

a. Height,

b. Length, and

c. Width;

3. Diagram the vehicle and specified load illustrating all of the following information:

a. Axle spacing;

b. Axle weight;

c. Axle width;

d. Tires per axle;

e. Tire width as designated by the manufacturer;

f. Maximum width to the outside of the axles, excluding any load-induced tire bulge; and

g. Load weight.

4. Include a route survey and contingency plan, prepared as provided under R17-6-108, if required by the Department as a condition of permit approval;

5. Indicate the estimated time needed to change out a power unit or other special equipment if the Department, through detailed analysis and as a condition of permit approval, requires the use of an additional power unit or other special equipment to ensure safe transport of the proposed load. The Department's decision to require an additional power unit or other special equipment shall be based on its consideration of the:

a. Estimated timing involved with clearing a route after a breakdown;

b. Expected weather conditions;

c. Proximity and availability of reserve resources;

d. Size and weight of the load;

e. Traffic dynamics of the proposed route; and

f. Width, grade, and condition of the roads;

6.5. Include proof of gross weight in the form of a public weighmaster's certificate of weight and measure issued at a certified public scale if required by the Department after twice denying an application for incorrect weights; and

7. Include proof of valid registration that complies with the requirements of A.R.S. § 28-2153 ;

8. Include proof of a valid IFTA license that complies with the requirements of A.R.S. § 28-5742, if applicable; and

9.6. Include any other applicable requirement as provided under R17-6-104 .

D. An applicant for a class C oversize or overweight special permit to transport a mobile home shall additionally submit to the Department all appropriate:

1. Serial numbers assigned to the mobile home; and

2. Evidence of payment of all applicable ad valorem taxes, as required under A.R.S. § 28-1104, in the form of a 504 tax clearance permit issued by the county in which the mobile home is currently located.

E. D. A permittee or driver of an oversize or overweight vehicle or load shall not access a route listed under R17-6-412, Table 4, unless operating in full compliance with all indicated conditions and allowances.

F. The Department shall require a class C special permit for an overweight vehicle or vehicle and load combination heavier than 250,000 pounds or that exceeds the maximum permitted weight computations for overweight axle group weight distribution as provided under R17-6-411 .

History

• New section made by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered from R17-6-204 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-212 Class C Overweight, or Oversize and Overweight, Special Permit - Tridem Axle Group Configurations

A. The Department may issue a single trip class C overweight, or oversize and overweight, special permit for tridem axle group configurations a specific non-reducible vehicle, combination of vehicles, or vehicle and load combination that exceeds the maximum permitted weight computations for overweight axle group weight distribution as provided under R17-6-411, if the vehicle, combination of vehicles, or vehicle and load combination is equipped with at least one tridem axle group configured as provided under subsection (C) to achieve a maximum permitted weight of 60,000 pounds per tridem axle group subject to the specific routes and restrictions provided under Table 4.

B. An applicant for a single trip class C overweight, or oversize and overweight, special permit for tridem axle group configurations shall apply to the Department using the application procedure provided under R17-6-103, and include the $75 standard permit fee with the $15 class C review and analysis fee as provided under R17-6-211.

C. The single trip class C overweight, or oversize and overweight, special permit for tridem axle group configurations is available only for a vehicle, combination of vehicles, or vehicle and load combination equipped with at least one tridem axle group configured in conformance with the following criteria:

1. A minimum of four tires per axle, or two 14-inch wide tires per axle in each tridem axle group;

2. A minimum distance of eight feet out-to-out axle width for each tridem axle group;

3. A minimum distance of nine feet, and a maximum distance of 14 feet, between the center of the first axle and the center of the third axle of each tridem axle group, except as provided under subsection (D);

4. A minimum distance of 13 feet 7 inches between the center of the front steering axle and the center of the first axle of any consecutive tridem or tandem axle group; and

5. A minimum distance of 14 feet 1 inch between any two consecutive tridem or tandem axle groups, measured from the center of the last axle of the front group to the center of the first axle of the next group, with no other axles between.

D. A tridem axle group may be used in combination with other non-tridem axle groups if the non-tridem axle groups do not exceed the maximum permitted weight computations for overweight axle group weight distribution provided under R17-6-411 .

E. A permit applicant with a vehicle, combination of vehicles, or vehicle and load combination exceeding 14 feet in width, 16 feet in height, 120 feet in length, 140,000 lbs overall gross vehicle weight, or any other dimension specified above shall continue to follow the Department's existing Class C permit application procedures provided under R17-6-204 .

History

• New section made by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Article 3 SAFETY REQUIREMENTS

Ariz. Admin. Code § R17-6-301 General Safety Requirements

In addition to the provisions of this Article, a permittee and a driver of an oversize or overweight vehicle permitted under this Chapter, or a person or entity exempt under R17-6-102(D), shall comply with all federal motor carrier safety regulations incorporated by the Department under 17 A.A.C. Chapter 5, Article 2, as applicable to a motor carrier operating in Arizona.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013.

Ariz. Admin. Code § R17-6-302 Warning Flag Requirements

A. Specifications. Each warning flag attached to an overwidth or overlength vehicle or load shall be cloth or plastic at least 18 inches square and red or fluorescent orange in color.

B. Display. A permittee or driver of an overwidth or overlength envelope or special permitted vehicle shall display warning flags applicable to the permittee's vehicle or vehicle and load configuration as indicated under Illustration 1.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-303 Sign Requirements

A. A permittee or driver shall ensure that an oversize or overweight vehicle or load displays an "OVERSIZE LOAD" sign if the vehicle or load is nine feet or more in width.

B. A permittee or driver may display an "OVERSIZE LOAD" sign on any oversize or overweight envelope or special permitted vehicle or load not specified under subsection (A) if necessary to ensure maximum visibility for public safety.

C. An "OVERSIZE LOAD" sign shall meet construction specifications provided under Illustration 2 at a minimum.

D. A permittee or driver shall display required "OVERSIZE LOAD" signs that are:

1. Mounted to the front or roof of the power unit,

2. Mounted to the rear of the load or loaded vehicle,

3. Parallel with the road surface from side-to-side,

4. Readable from left to right, and

5. Clearly visible from the front and rear of the loaded vehicle.

E. If a permittee or driver required under this Section to display an "OVERSIZE LOAD" sign is not transporting an oversize or overweight load, the permittee or driver shall ensure that each sign is not visible to traffic.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-304 Safety Lighting Device Requirements

A. A permittee or driver of an oversize or overweight vehicle or load shall:

1. Comply with all applicable lighting equipment requirements under A.R.S. Title 28, Chapter 3, Article 16, and 49 CFR 393 as incorporated by reference under A.A.C. R17-5-202 ; and

2. Operate with the lighting equipment illuminated at the times specified under A.R.S. § 28-922.

B. A permittee or driver of a vehicle transporting a load that projects more than four inches beyond the overall width of the vehicle shall attach safety lighting during nighttime operation according to the requirements provided under Illustration 4, and R17-6-307, that most closely correspond to the permittee's or driver's vehicle and load configuration.

C. A permittee or driver of an oversize vehicle or load that projects more than four feet in front or rear overhang, shall attach safety lighting during nighttime operation according to the requirements provided under Illustration 4, and R17-6-307, that most closely correspond to the permittee's or driver's vehicle and load configuration.

History

• Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-305 Escort Vehicles

A. Service requirement.

1. A permittee transporting an oversize or overweight vehicle or load shall use all escort vehicles required by the Department as a condition of envelope or special permit issuance under this Chapter.

2. The Department shall determine whether one or more escort vehicles must accompany an oversize or overweight envelope or special permitted vehicle by considering the following in relation to the proposed transport and route:

a. Roadway dynamics, including surface condition, grade, width, and height limitations;

b. Overall dimensions of the vehicle and load;

c. Need for frequent stops;

d. Concern for public safety; and

e. Time of transport.

3. According to the criteria applicable under subsection (A)(2), the Department shall require two or more oversize or overweight envelope or special permitted vehicles traveling together to be accompanied by at least one escort vehicle per load.

B. Vehicle, operator, and equipment requirements.

1. A vehicle qualifies as an escort vehicle if it:

a. Is a passenger car or two-axle truck operating as a single unit,

b. Is currently registered, and

c. Meets insurance requirements as provided by law.

2. An escort vehicle operator, except for a law enforcement escort, while in service under this Chapter shall:

a. Meet all requirements under A.R.S. § 28-1110, and maintain certification through a program that meets the escort vehicle operator training and certification standards of the Commercial Vehicle Safety Alliance or an equivalent program, whether in this state or another state, that meets the same objectives;

b. Carry in the escort vehicle the same emergency equipment required for a truck, truck tractor, or bus under A.R.S § 28-960 and 49 CFR 393.95, which shall include;

i. Fire extinguishers;

ii. Warning devices for stopped vehicles; and

iii. Emergency staff-mounted warning flags;

c. Display an "OVERSIZE LOAD" sign:

i. Constructed for escort vehicles as provided under R17-6-303, Illustration 2;

ii. Mounted above the vehicle's roofline and visible to approaching traffic from the front and rear;

iii. Accompanied by two flags, one mounted on each side of the oversize load sign; and

iv. Concealed when not in use; and

d. Ensure continuous communication by two-way radio:

i. Capable of transmitting and receiving a minimum of 1/2 mile; and

ii. Compatible with the two-way radios used by the driver of the escorted vehicle, law enforcement escorts, and all other accompanying escort vehicles.

C. Operation.

1. Lighting requirement. While in service, an escort vehicle operator shall maintain continuous illumination of headlights and over head warning lights as prescribed under A.R.S. § 28-947.

2. Lead and follow distance. An escort vehicle operator shall maintain a lead or follow distance from an escorted vehicle that generally does not exceed 1,500 feet on an open state highway or 250 feet in an urban setting. When determining the appropriate lead or follow distance, an escort vehicle operator shall:

a. Consider traffic density, road conditions, road type, speed, and type of load;

b. Ensure constant radio communication with all escorts and the escorted vehicle; and

c. Maintain visual contact with the escorted vehicle at all times.

Stop provisions at an intersection with a traffic control signal.

a. When an oversize or overweight envelope or special permitted vehicle is required to stop, the lead-escort vehicle operator shall proceed through the intersection and stop safely off the roadway. The lead-escort vehicle operator shall resume an appropriate lead distance as soon as is safely possible.

b. When a following-escort vehicle is required to stop, the driver of the oversize or overweight envelope or special permitted vehicle shall proceed without stopping. The following-escort vehicle operator shall resume an appropriate following distance behind the oversize or overweight envelope or special permitted vehicle as soon as is safely possible when clear of the intersection.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 13 A.A.R. 866, effective March 6, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-306 Traffic Control Provisions

A. The Department may require additional traffic control by a uniformed certified law enforcement officer to ensure highway safety. The Department shall consider the criteria under R17-6-305(A) when determining the need for additional traffic control.

B. If the Department requires a law enforcement escort under R17-6-412, Table 4, or as necessary to promote public safety, the permittee or driver of the oversize or overweight envelope or special permitted vehicle shall:

1. Contact the Arizona Department of Public Safety at least 12 hours before transport to request the appropriate number of uniformed certified law enforcement escorts required for the permitted activity; and

2. Ensure continuous two-way radio communication during transport with all law enforcement and other escort vehicles required to accompany the permitted vehicle under R17-6-305 and R17-6-307.

C. If the Arizona Department of Public Safety is unable to provide the appropriate law enforcement escorts requested as provided under subsection (B), the permittee or driver of an oversize or overweight envelope or special permitted vehicle may use any uniformed certified law enforcement escorts if at least one officer is certified for enforcement of the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation's Federal Motor Carrier Safety Administration.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-307 Projecting Vehicle or Load

A. The Department shall issue a class A special permit, as required under Section R17-6-201, for transporting a vehicle or load that projects from either side of the vehicle:

1. Two feet or less, if the projecting portion of the vehicle or load has a thickness of less than 12 inches; or

2. Three feet or less, if the projecting portion of the vehicle or load has a thickness of 12 inches or more.

B. The Department shall issue a class C special permit, as required under Section R17-6-211, for transporting a vehicle or load that projects from either side of the vehicle:

1. More than two feet, if the projecting portion of the vehicle or load has a thickness of less than 12 inches; or

2. More than three feet, if the projecting portion of the vehicle or load has a thickness of 12 inches or more.

C. Unless the Department requires additional escort vehicles under R17-6-306 or R17-6-412, Table 4, a permittee or driver of a vehicle or load projecting excess overhang shall have escort vehicle accompaniment as follows:

1. A front escort vehicle if the front load projection is longer than 20 feet, or

2. A rear escort vehicle if rear projection is longer than 20 feet.

1. Over 20 feet in length of front overhang requires a front escort;

2. Over 20 feet in length of rear overhang requires a rear escort; and

3. Over 20 feet in length of overhang at both the front and rear of a vehicle requires a front and rear escort.

D. A permittee or driver of a projecting vehicle or load with more than a four-foot front or rear overhang shall:

1. Attach warning flags to the vehicle or load as provided under R17-6-302 and Illustration 1, for daylight operation; or

2. Attach safety lighting to the load as provided under R17-6-304 and Illustration 4, for nighttime operation.

E. An integral component or components removed from a loaded primary object may be transported on the same vehicle bearing the primary object provided the component or components do not cause the hauling vehicle to exceed a size or weight permitted for the primary object.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-308 Permittee or Driver Obligation to Notify Utility Companies of Overheight Transport

A permittee or driver shall notify a responsible utility company of possible disturbance or damage, as provided under A.R.S. § 40-360.43, if overhead utility lines extend across a proposed route and the permitted vehicle or load exceeds 16 feet in height or any route-specific height restriction provided under R17-6-412, Table 4.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013.

Article 4 TRANSPORT PROVISIONS

Ariz. Admin. Code § R17-6-401 General Highway Operations

A. Except as provided under R17-6-205(B), and subject to R17-6-412, Table 4, a permittee or driver of an oversize, overweight, or oversize and overweight envelope or special permitted vehicle is eligible for continuous travel, if the envelope or special permitted vehicle does not exceed any of the following dimensions:

1. 10 feet in width;

2. 14 feet 6 inches in height;

3. 10 feet in length of front overhang;

4. 10 feet in length of rear overhang;

5. 120 feet in overall length; or

6. 250,000 pounds.

A. B. A permittee or driver of an oversize or overweight envelope or special permitted vehicle exceeding a dimension prescribed under subsection (A) of this Section or R17-6-205(B) shall:

1. Operate no earlier than one-half hour before sunrise and no later than one-half hour after sunset, exact daily times as defined under R17-6-101, except as otherwise provided under this Article, or unless the Department otherwise:

a. Restricts operation on a highway,

b. Grants permit-specific hours of operation other than those listed under this subsection as a necessary condition of permit issuance to maintain highway safety; or

c. Grants route-specific allowances under R17-6-412, Table 4, for night and weekend transport under R17-6-402.

2. Operate in the rightmost lane of a multi-lane highway if indicated on the envelope or special permit, except to overtake and pass another vehicle; and

3. Maintain a minimum distance of 2,000 feet from any other oversize or overweight envelope or special permitted vehicle traveling on the same highway in the same direction except when passing.

C. A driver of an oversize or overweight vehicle or load shall not exceed the lower maximum speed determined by either of the following:

1. A speed limit printed on an issued permit, or

2. A highway-posted vehicle-specific speed limit.

D. The Department may order an alternative speed restriction to prevent:

1. Hazardous traffic conditions, or

2. Damages to a highway or highway feature.

B. E. Removal of highway signs, guardrails, or other assets from a highway right-of-way is illegal under A.R.S. § 28-7053, and not authorized by an oversize or overweight envelope or special permit issued by the Department under this Chapter. A separate encroachment permit issued by the Department under 17 A.A.C. 3, Article 5, is required before entering any highway right-of-way for any purpose other than authorized public travel. The activities authorized while in the right-of-way shall be specifically outlined in the encroachment permit and completed under Department supervision. A permittee or driver shall follow all additional requirements and instructions as indicated on the encroachment permit if the Department has authorized such activity to be conducted within a highway right-of-way.

C. F. Replacement of any state-owned highway feature moved under an encroachment permit, issued pursuant to 17 A.A.C. 3, Article 5, as a result of the transport of an oversize or overweight vehicle along a traveled route, shall be detailed on the encroachment permit and completed under Department supervision.

D. G. A permittee or driver of an oversize or overweight envelope or special permitted vehicle shall, prior to commencing transport on any trip, access and review the most current information on highway-specific conditions, closures, restrictions, and other requirements applicable to R17-6-412, Table 4, as provided in real-time on the Department's electronic permitting website.

1. Phone inquiry - dial 511, or

2. Online inquiry - visit www.az511.gov.

H. A permittee or driver of an oversize or overweight envelope or special permitted vehicle may additionally receive real-time alerts and critical information on highway-specific conditions, closures, restrictions, and other requirements temporarily or permanently affecting travel on a route listed under R17-6-412, Table 4, by accessing the Department's:

1. Twitter feed, @ArizonaDOT;

2. ADOTAlerts mobile app, available free at ADOTAlerts.com, which can provide critical information directly to all app users in an affected area where and when a freeway closure or other major traffic event occurs, and where possible, may provide advance warning of an alternate route designation;

3. Arizona Traveler Information System at AZ511.gov; or

4. Automated phone service by dialing 511.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-402 Night and Weekend Transport

A. Except as provided under R17-6-210, R17-6-409, and subject to R17-6-412, Table 4, a permittee or driver of an oversize, overweight, or oversize and overweight envelope or special permitted vehicle that is ineligible for continuous travel under R17-6-205 or R17-6-401 due to excess width or height, may transport at night or on a weekend as provided under this Section, if the envelope or special permitted vehicle is:

1. Over 10 to 16 feet in width;

2. Over 14 feet 6 inches to 16 feet in height;

3. 3 feet in length of front overhang;

4. 10 feet in length of rear overhang;

5.3. 120 feet or less in overall length; or

6.4. 250,000 pounds or less in overall weight.

B. Unless otherwise restricted under R17-6-404, R17-6-405, R17-6-406, or R17-6-412, Table 4, a permittee or driver of a self-propelled mobile crane, drilling rig, or similar specialty equipment issued a special permit under R17-6-205, is eligible for continuous travel if the vehicle does not exceed any of the following dimensions:

1. 11 feet in width;

2. 14 feet in height;

3. 3 feet in length of front overhang;

4. 10 feet in length of rear overhang;

5. 120 feet in overall length; or

6. 250,000 pounds.

B. Subject to all other time of movement restrictions provided under this Article, and unless further restricted under this Chapter, a permittee or driver of an envelope or special permitted vehicle described under subsection (A) may transport at night or on a Saturday or Sunday as follows:

1. On any non-holiday night or weekend;

Beginning at 3:00 a.m. until no later than one-half hour after sunset, exact daily times as defined under R17-6-101 ;

3. Using select routes authorized by the Department under R17-6-412, Table 4, for night and weekend transport, unless the Department:

a. Restricts operation on a highway; or

b. Grants alternate, permit-specific, hours of operation other than those listed under this subsection as a necessary condition for maintaining highway safety;

4. Operating in the rightmost lane of a multi-lane highway if indicated on the envelope or special permit, except to overtake and pass another vehicle; and

5. Maintaining a minimum distance of 2,000 feet from any other oversize or overweight vehicle, combination of vehicles, or vehicle and load combination traveling on the same highway in the same direction except when passing.

C. A permittee or driver of a vehicle or load transporting under this Section shall additionally ensure appropriate escort vehicle accompaniment and comply with all other applicable restrictions provided under Articles 3 and 4 of this Chapter.

D. Unless the Department requires additional escort vehicles under R17-6-306, R17-6-307, or R17-6-412, Table 4, a permittee or driver of an envelope or special permitted vehicle transporting under this Section shall ensure appropriate escort vehicle accompaniment from 3:00 a.m. until one-half hour before sunrise as follows:

1. Over 11 to 14 feet in width requires a rear escort;

2. Over 14 to 16 feet in width requires a front and rear escort; and

3. Over 15 feet in height requires a front escort with a height pole.

E. The Department may approve night and weekend transport under a class C special permit for a vehicle, combination of vehicles, or a vehicle and load combination exceeding a dimension provided under this Section, or R17-6-205, upon determining the exception to be in the best interest of public safety.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered from R17-6-408 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-403 Holiday Transport Restriction

A. Except as provided under subsection (D) of this Section, R17-6-210, R17-6-409, or while operating under the emergency operation provisions in R17-6-112, a permittee or driver of an oversize, overweight, or oversize and overweight envelope or special permitted vehicle is subject to the holiday transport restrictions provided under this Section if the vehicle or load exceeds any of the following dimensions:

1. 10 feet in width, (11 feet in width for specialty equipment under R17-6-205(B));

2. 14 feet 6 inches in height;

3. 10 feet in length of front overhang;

4. 10 feet in length of rear overhang;

5. 120 feet in overall length; or

6. 250,000 pounds.

B. A permittee or driver of an oversize, overweight, or oversize and overweight envelope or special permitted vehicle described under subsection (A) shall not transport on the following holidays:

1. New Year's Day,

2. Memorial Day,

3. Independence Day,

4. Labor Day,

5. Thanksgiving Day, or

6. Christmas Day.

C. The transport restriction for a holiday listed under subsection (B) shall also include days before and after the holiday as follows:

1. When a holiday occurs on a Friday, transport shall stop at 12 noon on the preceding Thursday and may resume the following Monday at one-half hour before sunrise, or Monday at 3:00 a.m. if eligible for night transport under R17-6-402 ;

2. When a holiday occurs on a Saturday, transport shall stop at 12 noon on the preceding Thursday and may resume the following Monday at one-half hour before sunrise, or Monday at 3:00 a.m. if eligible for night transport under R17-6-402 ;

3. When a holiday occurs on a Sunday, transport shall stop at 12 noon on the preceding Friday and may resume the following Tuesday at one-half hour before sunrise, or Tuesday at 3:00 a.m. if eligible for night transport under R17-6-402 ;

4. When a holiday occurs on a Monday, transport shall stop at 12 noon on the preceding Friday and may resume the following Tuesday at one-half hour before sunrise, or Tuesday at 3:00 a.m. if eligible for night transport under R17-6-402 ; and

5. When a holiday occurs on a Tuesday, Wednesday, or Thursday, transport shall stop at 12 noon on the day before the holiday and may resume the day after the holiday at one-half hour before sunrise, or the day after the holiday at 3:00 a.m. if eligible for night transport under R17-6-402.

D. The Department may approve holiday transport under a class C special permit for a vehicle, combination of vehicles, or a vehicle and load combination exceeding a dimension provided under subsection (A), upon determining the exception to be in the best interest of public safety.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered from R17-6-406 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-404 Metropolitan Curfew Transport

A. Except as provided under subsection (B) of this Section, and unless otherwise provided under this Article, an envelope or special permitted vehicle that exceeds 10 feet in width, is subject to the metropolitan curfew provided under subsections (C) and (D) and shall not exceed any of the following dimensions during curfew hours:

1. 16 feet in height, or less if further restricted under R17-6-412, Table 4;

2. 10 feet in length of front overhang;

3. 10 feet in length of rear overhang;

4. 120 feet in overall length; or

5. 250,000 pounds.

B. Unless otherwise provided under this Article, a self-propelled mobile crane, drilling rig, or similar specialty equipment exceeding eleven feet in width is subject to the metropolitan curfew provided under subsections (C) and (D) and shall not exceed any of the following dimensions during curfew hours:

1. 14 feet 6 inches in height;

2. 10 feet in length of front overhang;

3. 10 feet in length of rear overhang;

4. 120 feet in overall length; or

5. 250,000 pounds.

B. C. A permittee or driver of an envelope or special permitted vehicle or load described under subsection (A) or (B) is subject to width restrictions on metropolitan routes if transporting during curfew hours, as provided below:

| Metropolitan Phoenix - Curfew Routes and Restrictions | | | | --- | --- | --- | | Route | Restriction Location (MP = Milepost) | Width Restrictions Monday through Friday During Curfew Hours: 7:00 a.m. to 9:00 a.m.; and 4:00 p.m. to 6:00 p.m. | | SR 24 | MP 0.00 (Junction SR 202 Loop) to MP 1.00 (Ellsworth Road) | Over 10' - 12' = Requires rear escort Over 12' - 16' = No transport | | SR 202 Loop | MP 9.80 (Junction SR 101 Loop) to MP 57.24 (Junction I-10) | Over 10' - 12' = Requires rear escort Over 12' - 16' = No transport | | SR 202 Loop | MP 55.50 (Junction I-10, Santan TI) to MP 77.80 (Junction I-10, West Phoenix TI) | Over 10' - 12' = Requires rear escort Over 12' - 16' = No transport | | SR 101 Loop | MP 1.21 (Junction I-10, near 99th Avenue) to MP 61.33 (Junction SR 202 Loop) | Over 10' - 12' = Requires rear escort Over 12' - 16' = No transport | | Metropolitan Tucson - Curfew Routes and Restrictions | | | | SR 989 | MP 34.01 (N. Rancho Vistoso Blvd/N. 1st Avenue) to MP 36.00 (Junction SR 77 at Oracle Road) | Over 10' - 12' = Requires rear escort Over 12' - 16' = No transport |

C. D. A permittee or driver of an envelope or special permitted vehicle or load described under subsection (A) or (B) shall not transport on the following metropolitan routes if transporting Monday through Friday during curfew hours, as provided below:

| Metropolitan Phoenix - Curfew Routes and Restrictions | | | | --- | --- | --- | | Route | Restriction Location (MP = Milepost) | Width Restrictions Monday through Friday During Curfew Hours 7:00 a.m. to 9:00 a.m.; and 4:00 p.m. to 6:00 p.m. | | I-10 | MP 133.98 (Junction SR 101 Loop) to MP 161.35 (Junction SR 202 Loop, Santan) | Over 10' - 16' = No transport | | I-17 | MP 193.94 (Junction I-10 and SR 51) to MP 214.96 (Junction SR 101 Loop) | Over 10' - 16' = No transport | | SR 51 | MP 0.00 (Junction I-10 and SR 202 Loop) to MP 15.90 (Junction SR 101 Loop) | Over 10' - 16' = No transport | | SR 143 | MP 0.00 (Junction I-10) to MP 3.81 (McDowell Road) | Over 10' - 16' = No transport | | SR 202 Loop | MP 0.00 (Junction I-10 and SR 51) to MP 9.80 (Junction SR 101 Loop) | Over 10' - 16' = No transport | | SR 202 Spur | MP 5.15 (Junction SR 202 Loop) to MP 6.28 (Sky Harbor Blvd) | Over 10' - 16' = No transport | | US 60 | MP 148.90 (Junction SR 101 Loop) to MP 190.51 (Junction SR 202 Loop) | Over 10' - 16' = No transport | | Metropolitan Tucson - Curfew Routes and Restrictions | | | | I-10 | MP 236.42 (Marana Road TI) to MP 270.57 (Kolb Road TI) | Over 10' - 16' = No transport | | I-19 | MP 58.80 (Valencia Road TI, Kilometer Post 94.62) to MP 63.43 (Junction I-10, Kilometer Post 102.08) | Over 10' - 16' = No transport | | SR 77 | MP 68.05 (Junction I-10 at W. Miracle Mile) to MP 81.82 ( Junction SR 989 at E. Tangerine Road) | Over 10' - 16' = No transport | | SR 86 | MP 164.04 (Camino Verde Road) to MP 171.44 (Junction I-19) | Over 10' - 16' = No transport | | SR 210 | MP 1.00 (Broadway Blvd) to MP 4.78 (Richey Blvd) | Over 10' - 16' = No transport | | Metropolitan Yuma - Curfew Routes and Restrictions | | | | US 95 | MP 19.84 (32nd Street East) to MP 31.87 (Avenue 9E) | Over 10' - 16' = No transport | | SB 8 | MP 0.00 (California State Line) to MP 11.50 (End of route near I-8, east of Yuma) | Over 10' - 16' = No transport |

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-405 Weather Restrictions; Hazardous Conditions

A. Responsibility. A driver of an oversize or overweight vehicle, or vehicle and load combination, shall:

1. Use the criteria provided under subsection (B) to identify unsafe roadway conditions and discontinue transport until safe to continue, and

2. Comply with all official agency weather-related travel advisories prohibiting oversize or overweight transport.

B. Determining conditions. A driver of an oversize or overweight vehicle, or vehicle and load combination, shall not transport under the following hazardous conditions:

| Hazardous Conditions: | Possible Causes May Include: | | --- | --- | | Driver visibility range becomes less than 500 feet | *Blowing dust * Falling snow * Fog * Heavy rain | | Road surface condition reduces normal traction | * Snow * Ice * Flooding | | A load destabilizing condition endangers road surface or traffic | * High winds * Falling objects |

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered from R17-6-403 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-406 Renumbered

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered to R17-6-403 by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-407 Route-specific and Permit-specific Transport Restrictions

A permittee or driver of a class C oversize or overweight special permitted vehicle or load shall not transport from 12 noon on Friday until 3:00 a.m. on Monday if transporting on a route identified by the Department under R17-6-412, Table 4, as being subject to this Section.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). New section made by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-408 Renumbered

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered to R17-6-402 by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-409 Lake-specific Weekend and Holiday Transport Exception

A permittee or driver that transports a personal watercraft load of no more than 12 feet in width under a class A special permit may operate from one-half hour before sunrise to one-half hour after sunset on a weekend or holiday on a state highway within 10 miles of an area constructed and maintained for the purpose of launching and retrieving watercraft for the following Arizona lakes:

Alamo,

2. Havasu,

3. Mead,

4. Mohave,

5. Powell, and

6. Saguaro.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered from R17-6-414 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-410 Special Mobile Home Towing Restriction

A.A vehicle towing a mobile home shall have a factory rating that corresponds with the following criteria:

| Load measurement criteria | Towing vehicle factory rating | | --- | --- | | 10 feet or less in width and 50 feet or less in length, including hitch | 1 1/2 tons | | More than 10 feet in width or more than 50 feet in length, or both | Two tons; four tires per drive axle and minimum 99 inch wheel base |

B.A mobile home transporter shall cover the open side of a mobile home module with plastic sheeting no thinner than 1.5 mil plus a rigid grillwork backing.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013.

Ariz. Admin. Code § R17-6-411 Maximum Permitted Weights

A. Except as provided under R17-6-211 and R17-6-212, the Department shall use the formulas and computations provided under Tables 3.01 through 3.09, and Illustration 3, to determine the maximum weights allowed on any combination of axles within the distance between the front and rear axle of a given axle group, up to a maximum of 18 feet, when issuing an oversize or overweight special permit for a non-reducible vehicle or load under this Article.

B. The Department shall use the computations provided under R17-6-212, Table 7, to determine the maximum weights allowed for tridem axle group configurations subject to conditions, restrictions, allowances, and route limitations provided under R17-6-212, Table 6.

A. Except as provided under R17-6-212, an applicant requesting an envelope or special permit under this Chapter for transporting a nonreducible overweight or oversize and overweight vehicle, combination of vehicles, or vehicle and load combination shall use the formulas and computations provided under Illustration 3 and Tables 3.01 through 3.09 to determine the maximum weights allowed on any combination of axles spaced within a maximum distance of 18 feet between the front and rear axle of each axle group.

B. The formulas and computations provided under Illustration 3, and Tables 3.01 through 3.09, are an expansion of the federal bridge formula provided under A.R.S. § 28-1100 for use by the Department when issuing an overweight or oversize and overweight envelope or special permit for movement of a non-reducible vehicle or load under this Chapter.

C. The axle group weights provided under Illustration 3, and Tables 3.01 through 3.09, represent the maximum weights allowed on any combination of axles spaced within a distance of up to 18 feet between the front and rear axle of any given group. The values in Table 3.01 line "A" are an expression of the formula W = 1.5 x 700 (L + 40) for L = 3' 5" to 18' 0", where L is the distance between the centers of the front and rear axles of an axle group. The values in line "B" and in the remaining Tables are calculated by applying the percentages provided in the Table footnotes to increase the allowable weights based on wider axle width and an increased number of tires. Measured axle widths are rounded down to the nearest 3" increment when determining the appropriate Table to use.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-412 Highway-specific Restrictions, Requirements, Conditions, and Allowances

A. The Department may temporarily prohibit operation of an oversize or overweight envelope or special permitted vehicle, or impose additional weight restrictions, requirements, conditions, or allowances, if safe transport on a highway under the Department's jurisdiction is unavoidably affected by a temporary construction or maintenance project, incident, or emergency situation as indicated on the Department's Arizona Traveler Information System at AZ511.gov.

B. The Department shall post to its website at www.azdot.gov all updates to any temporary or permanent highway restrictions, requirements, conditions, or allowances affecting a route listed under Table 4 as appropriate for safe transport of an oversize or overweight vehicle or vehicle and load.

C. A permittee and driver shall check the Department's website at www.azdot.gov daily for updates to any temporary or permanent highway restrictions, requirements, conditions, or allowances affecting safe transport of an oversize or overweight vehicle or vehicle and load on a route listed under Table 4.

D. A permittee or driver of an oversize or overweight vehicle or load shall not access a route listed under Table 4 unless operating in full compliance with all indicated permanent highway restrictions, requirements, conditions and allowances, including any additional instructions indicated on the envelope or special permit issued by the Department.

E. When more than two escort vehicles are required on a route listed under Table 4 due to excess height, length, width, or weight, only two law enforcement escorts are required to ensure the public safety. Multiples of two law enforcement escorts are not required for each excess dimension unless specifically required under a class C special permit.

E. F. A permittee and driver shall additionally check daily for up-to-date information on traffic conditions, road closures, and restrictions by:

1. Accessing the Department's Arizona Traveler Information System at AZ511.gov; or

2. Contacting a highway project engineer at the ADOT district office identified on the Department's website as the office responsible for oversight of the permittee's applicable transport route.

F. G. The information contained in Table 4 reflects highway restrictions, requirements, conditions, and allowances applicable on the effective date of this Section. The Department shall publish real-time updates as an addendum to Table 4 and make those updates available on its website at www.azdot.gov, the Arizona Central Commercial Permits Office, the Class C Unit, and all Arizona Port of Entry locations. This information is critical for ensuring safe transport of an oversize or overweight vehicle or load and is subject to immediate change as provided under this Section.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-413 Renumbered

History

• New Section made by final rulemaking at 9 A.A.R. 4648, effective October 8, 2003 (Supp. 03-4). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered to R17-6-210 by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-414 Renumbered

History

• Section R17-6-414 renumbered from R17-6-407 and amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered to R17-6-409 by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-415 Emergency Expired

History

• New Section made by emergency rulemaking at 19 A.A.R. 928, approved by the Attorney General April 24, 2013, effective for 180 days (Supp. 13-2). Emergency Expired (Supp. 13-3).

Article 5 ENVELOPE PERMIT SPECIAL PROVISIONS

Ariz. Admin. Code § R17-6-501 General Provisions; Definitions

A. The Department shall issue and regulate oversize and overweight envelope permits as provided under this Chapter. The Department implements these Sections under authority of A.R.S. §§ 28-366, 28-1111, 28-1142, 28-1144, 28-1146, 28-1149, and 28-7045, in collaboration with the Overdimensional Permit Council as prescribed under A.R.S. § 28-1150.

B. An envelope permit issued by the Department under this Article is not applicable for transporting a modular or mobile home.

C. Definitions applicable to this Article are prescribed under R17-6-101, A.R.S. § 28-101, and A.R.S. § 28-601.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. New section made by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-502 Envelope Permit - Non-specific and Non-reducible Vehicle or Load

A. The Department shall issue an annual or 30-day oversize envelope permit, or an annual or 30-day oversize and overweight envelope permit, according to the following criteria for a non-specific and non-reducible vehicle or load that meets the definition of envelope permit under R17-6-101, and does not exceed the maximum permitted weight computations for overweight axle group weight distribution as provided under R17-6-411 :

| Vehicle or load description | A non-specific and non-reducible vehicle or load that meets the definition of envelope permit under R17-6-101 and is within the maximum permitted weights provided under R17-6-411 | | | --- | --- | --- | | Permit option | 30-day oversize only | | | 30-day oversize and overweight | | | | Annual oversize only | | | | Annual oversize and overweight | | | | Fee (A.R.S. § 28-1143) | 30-day oversize only | $150 | | 30-day oversize and overweight | $500 | | | Annual oversize only | $750 | | | Annual oversize and overweight | $1,500 | |

B. An applicant for an oversize, or oversize and overweight, envelope permit shall apply to the Department and submit appropriate fees using the application procedure provided under R17-6-503.

C. An applicant for an oversize, or oversize and overweight, envelope permit provided by the Department under subsection (A) for a vehicle that is a self-propelled mobile crane, drilling rig, or similar specialty equipment meeting the dimensional requirements provided under R17-6-205, shall submit to the Department proof of gross weight:

1. For initial application, a public weighmaster's certificate of weight and measure issued at a certified public scale once the vehicle is equipped and set for highway travel; or

2. For renewal application, a certification by the applicant that no dimension has changed and the vehicle does not exceed the originally certified dimensions or weights.

D. An envelope permit holder shall apply to the Department for reissuance of the envelope permit to reflect any changes made to the permittee's name, address, or substitute power units after initial issuance and shall pay the fees prescribed under A.R.S. § 28-1143, as follows:

1. For a modified permit duplicate: $25; or

2. For each additional power unit exceeding the original number of permitted power units: $50.

E. A permittee or driver of an oversize or overweight vehicle or load shall not access a route listed under R17-6-412, Table 4, unless operating in full compliance with all indicated restrictions and requirements.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Renumbered from R17-6-210 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-503 Envelope Permit - General Application Procedure

A. Unless otherwise provided in this Chapter, an applicant requesting an envelope permit for transport of an oversize, overweight, or oversize and overweight vehicle, combination of vehicles, or vehicle and load combination shall apply to the Department using the appropriate application method provided below for each type of permit required:

1. For an envelope permit authorizing movement of a non-specific non-reducible vehicle, combination of vehicles, or vehicle and load combination with dimensions that do not exceed the class A oversize and overweight special permit limitations provided under R17-6-201 :

a. Complete the online application process using the Department's electronic permitting system available on the Department's website; or

b. Complete an oversize/overweight envelope permit application form, available on the Department's website, and mail or deliver the written application to the address indicated on the application.

2. For an envelope permit authorizing movement of a houseboat under A.R.S. § 28-1144(B), complete an envelope permit application form, available on the Department's website, and mail or deliver the written application to the Port of Entry located in Page, Arizona.

B. Unless otherwise provided under this Chapter, an applicant for an oversize or overweight envelope permit shall provide to the Department, at the time of application, all applicable fees and information required by the Department under R17-6-502 and this Section for issuance of an appropriate class of permit, including:

1. Motor carrier related information:

a. Name and address of the applicant's principal or established place of business;

b. Name, phone number, and email address of an official company representative; and

c. USDOT number;

2. Power unit related information:

a. Vehicle make, body style, and year;

b. Vehicle identification number;

c. Unit number assigned;

d. License plate number; and

e. Base jurisdiction - state of registration;

Evidence of valid registration as provided under A.R.S. § 28-2153; and

4. Evidence of a valid IFTA license as provided under A.R.S. § 28-5742, if applicable.

C. An applicant for an oversize or overweight envelope permit shall certify to the Department that all information provided on the application is true and correct.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. New section made by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-504 Envelope Permit - Class C Tridem Axle Group Configurations

A. The Department may issue a 30-day or annual oversize envelope permit, or oversize and overweight envelope permit under this Article, using the criteria provided under R17-6-212 for tridem axle group configurations. An envelope permit issued by the Department in accordance with the tridem axle group configuration criteria is also valid for movement of all class A non-specific and non-reducible vehicle or load combinations that meet the definition of envelope permit under R17-6-101.

B. A permittee or driver issued an envelope permit for tridem axle group configurations under subsection (A) shall ensure that the nonspecific and non-reducible vehicle or load combination transported under the envelope permit does not exceed the maximum permitted weight computations for overweight axle group weight distribution as provided under R17-6-411 or the maximum permitted weight of 60,000 pounds per tridem axle group, as applicable, subject to the routes and restrictions provided under R17-6-412, Table 4.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. New section made by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-505 Envelope Permit - Trip Authorization Process for Tridem Axle Group Configurations

A. A permittee or driver issued an annual envelope permit under R17-6-504(A) shall:

1. Comply with all provisions applicable to the application, issuance, and maintenance of envelope permits issued by the Department under this Chapter; and

2. Notify the Department before initiating transport of any vehicle, combination of vehicles, or vehicle and load combination using the annual envelope permit by:

a. Completing the electronic notification process made available by the Department on its website; and

b. Obtaining a trip-authorization number.

B. A permittee or driver shall carry the trip-authorization number in the vehicle with the annual envelope permit at all times during transport as confirmation that the notification process was completed.

History

• New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. New section made by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-506 Page-Lake Powell Area Houseboat Hauling Envelope Permit

A. An applicant requesting an envelope permit for a vehicle hauling a houseboat under A.R.S. § 28-1144(B) shall:

1. Apply to the Department using the application procedure provided under R17-6-503 ; and

2. Pay the applicable fees prescribed under R17-6-502.

B. A permittee issued an envelope permit under this Section shall:

1. Comply with all provisions applicable to the application, issuance, and maintenance of envelope permits under this Chapter;

Notify the Department as required under A.R.S. § 28-1144(B) before transporting a houseboat authorized by the envelope permit. This notification shall include at least the following information:

a. The number of the authorizing envelope permit;

b. The date of transport;

c. The transport origination;

d. The transport destination;

e. The name and hull identification number of the houseboat being transported;

f. The overall length, height, and width of the vehicle and load combination;

g. The overall gross weight of the vehicle and load combination; and

h. The total number of axles on the vehicle and load combination;

3. Notify the Department each time information submitted under subsection (B)(2) changes by submitting a new notification to the Department; and

4. Complete the notifications required under subsections (B)(2) and (B)(3) electronically through the Department's website at www.azdot.gov.

History

• New Section made by final rulemaking at 19 A.A.R. 892, effective June 1, 2013. (Supp. 13-2). Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-507 Envelope Permit Required Recordkeeping

A. An envelope permit holder shall maintain in this state, for at least three years, records and other data for all vehicles operated, and cargo transported, under an envelope permit as required under A.R.S. § 28-1149. The records and other data shall include:

1. Bills of lading,

2. Shipping manifests, and

3. Time cards or invoices.

B. A record retained by an envelope permit holder under subsection (A) shall contain, at least, the following information:

1. Date of document preparation,

2. Name of shipper and name of receiver,

Address of load origination,

Address of load destination, and

Dates of transport.

History

• Renumbered from R17-6-501 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-508 Envelope Permit Suspension Point System

The Director shall suspend an envelope permit, as prescribed under A.R.S. § 28-1147, by assigning points to the permittee for envelope permit violations as follows:

1. Minor violations - one point:

a. Improper or inadequate flagging as provided under R17-6-302 and R17-6-307,

b. Improper or inadequate lighting as provided under R17-6-304 and R17-6-307,

c. Improper or inadequate "OVERSIZE LOAD" signage display as provided under R17-6-303,

d. Use of an escort vehicle not equipped as provided under R17-6-305,

e. Failing to maintain proper follow-distance from another oversize or overweight vehicle or load as provided under R17-6-401, or

f. Exceeding permitted speed but not exceeding posted speed as provided under R17-6-401.

2. Major violations - three points:

a. Transporting a permitted vehicle or load on a highway restricted to certain hours of travel under Article 4 of this Chapter;

b. Failing to display flags or lights when required under R17-6-302, R17-6-304, or R17-6-307 ;

c. Failing to display "OVERSIZE LOAD" signage when required under R17-6-303 ;

d. Exceeding the posted speed limit; or

e. Transporting a reducible load under an envelope permit.

3. Weight Violations, 1-36 points:

a. Gross vehicle weight exceeds the maximum weight allowed under R17-6-411 :

i. Less than 2% over allowable weight - one point,

ii. 2% but less than 4% over allowable weight - two points,

iii. 4% but less than 6% over allowable weight - three points,

iv. 6% but less than 9% over allowable weight

• six points,

v. 9% but less than 12% over allowable weight - 10 points,

vi. 12% but less than 15% over allowable weight - 18 points, or

vii. 15% or more over allowable weight - 36 points.

b. For each axle group exceeding the maximum weight allowed under R17-6-411 :

i. Less than 4% over allowable weight - one point,

ii. 4% but less than 6% over allowable weight - two points,

iii. 6% but less than 9% over allowable weight - four points,

iv. 9% but less than 12% over allowable weight - six points,

v. 12% but less than 15% over allowable weight - 10 points,

vi. 15% but less than 20% over allowable weight - 18 points, or

vii. 20% or more over allowable weight - 36 points.

4. Flagrant Violations - 36 points:

a. Transporting a permitted load on a highway during a hazardous condition restricting travel under R17-6-405 or in violation of a law enforcement agency order,

b. Exceeding an envelope dimension as prescribed under A.R.S. § 28-1144,

c. Falsifying a permit application,

d. Altering a permit,

e. Failing to pay repair costs for highway damages as prescribed under A.R.S. § 28-1107,

f. Transporting a permitted load on a restricted highway or restricted bridge,

g. Failing to use an escort vehicle as required under this Chapter, or

h. Failing to use an escort vehicle with a driver that meets the standards provided under R17-6-305.

History

• Renumbered from R17-6-502 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-509 Envelope Permit Suspension; Revocation; Enforcement

A. The Director shall suspend an envelope permit for point accumulation within any 12-month period according to the following schedule:

1. 14-19 points, one-week suspension;

2. 20-29 points, two-week suspension;

3. 30-35 points, four-week suspension; and

4. More than 35 points, one-year suspension.

B. The Director shall revoke an envelope permit as provided under A.R.S. § 28-1147 for the following reasons:

1. Frequency of violation indicates a flagrant disregard for the law or the safety of the public,

2. A permittee does not have an established place of business, or

3. A permittee fails to maintain records as prescribed under R17-6-507 and A.R.S. § 28-1149.

C. A permittee shall surrender the permit to the Department within 72 hours after an order of suspension or revocation is effective.

1. If the permittee fails to surrender the permit within five working days of written demand, the Director shall suspend the permittee's envelope permit privileges for one year in addition to any other penalty assessed.

2. The Department shall retrieve the permit if the permittee fails to return the permit within the prescribed time.

D. The Department shall not issue an envelope permit to a permittee during the permittee's period of suspension or revocation.

History

• Renumbered from R17-6-503 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-510 Notice of Point Assessment, Denial, Suspension, or Revocation

A. The Department shall send to a permittee's last known address of record notice of the following:

1. Point assessment; or

2. Permit denial, suspension, or revocation.

B. The notice shall inform the permittee of:

1. The right to appeal the action, and

The procedure for requesting a hearing.

C. Any action taken under this Section becomes effective 25 days after the Department's action notice date unless a permittee submits a timely hearing request as provided under 17 A.A.C. 1, Article 5.

History

• Renumbered from R17-6-504 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Ariz. Admin. Code § R17-6-511 Envelope Permit Reapplication

A. An envelope permit applicant denied issuance by the Department, as prescribed under A.R.S. § 28-1142, shall not reapply for an envelope permit for two years from the date of denial.

B. An envelope permit applicant, who has previously had an envelope permit revoked by the Department under A.R.S. § 28-1147, shall not reapply for an envelope permit for two years from the date of revocation.

C. Upon reapplication, an applicant shall show by a preponderance of evidence that the underlying cause for denial or revocation has been removed.

History

• Renumbered from R17-6-505 and amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.

Chapter 7 Department of Transportation - Third-party Programs

Article 1 DEFINITIONS

Ariz. Admin. Code § R17-7-101 Definitions

The following definitions apply to this Chapter unless otherwise specified:

"Accountable inventory" means an item that is reproduced by the Department in a consecutively numbered series for:

Recording the number of a completed, issued, or voided item in a log; and

Reporting the number of a completed, issued, or voided item to the Department.

"Activity" means a function or service that is provided by an authorized third party pursuant to A.R.S. Title 28, Chapter 13 and that is performed by a certified individual as defined in this Article.

"Agency head" or "political subdivision head" means the chief officer of an agency or political subdivision or another individual with authority to act for the agency head or political subdivision head.

"Application date" means the date an application is received by the Department.

"Authorized third party" means an entity that:

Has written permission from the Department to operate a business under A.R.S. Title 28, Chapter 13; and

Employs or contracts with at least one certified individual to provide a third-party activity.

"Branch" means an authorized third party's business location that is an additional established place of business.

"Certified individual" means an individual who is certified by the Department under A.R.S. Title 28, Chapter 13 to perform specified activities for an authorized third party as an employee or contractor. The Department may certify an individual as:

A commercial driver license examiner,

A dealer license processor,

A driver license processor,

A driver license trainer,

An office personnel member,

A tax report processor,

A title and registration processor,

A vehicle inspector, or

A vehicle permit processor.

"Commercial driver license examiner" means an individual certified by the Department to administer class A, B, or C driver license skills tests.

"Concentration Banking System" means a depository eligible to be a servicing bank for the State of Arizona.

"Contact individual" means a principal or designated individual of an authorized third party who communicates with the Department on behalf of the authorized third party.

"Convenience fee" means the amount exceeding the statutorily prescribed fees and taxes that an authorized third party collects for its services.

"Department" means the Arizona Department of Transportation.

"Dealer license processor" means an individual certified by the Department to:

Review applications for vehicle dealer licenses;

Enter information related to the applications in the Department's database; and

Issue vehicle dealer licenses under A.R.S. Title 28, Chapter 10.

"Driver license processor" means an individual certified by the Department to perform any one or a combination of driver license, including commercial driver license, processing functions under A.R.S. Title 28 as specified in the authorization agreement between the Department and an authorized third party who has engaged the individual to perform those functions.

"Driver license trainer" means an individual certified by the Department to:

Educate and train persons, either practically or theoretically, or both, to operate or drive motor vehicles;

Prepare applicants for an examination given by the Department or an authorized third party driver license provider for a driver license or instruction permit; and

Charge a consideration or tuition for these services.

"Established place of business" means an authorized third party's business location that is:

Approved by the Department,

Located in Arizona,

Not used as a residence, and

Where the authorized third party performs authorized activities.

"Floor plan" means a Department-approved diagram of a building's interior, as seen from above, that shows the interior dimensions and the location of doors, windows, and equipment.

"Good standing" means an authorized third party applicant or an applicant seeking certification:

Has not had a similar business license or certification issued suspended, revoked, canceled, or denied within the previous five years of the application date;

Does not owe delinquent fees, taxes, or unpaid balances to the Department;

Has not had any substantiated derogatory information relevant to the requested authorization or certification reported to the Department about the applicant from any state agency or from any consumer protection agency contacted by the Department; or

If the applicant is a former Department employee, a former authorized third party, or a former employee of an authorized third party, has not been dismissed or resigned from a position for cause, including:

Committing a serious violation, as defined in A.R.S. § 28-5108;

Misconduct; or

Resignation from position:

In lieu of dismissal, or

By mutual agreement following allegations of misconduct or committing a serious violation.

"Log" means a complete, chronological record of accountable inventories or activities or both performed and kept by the authorized third party as prescribed by the Department.

"Motor vehicle inspection" means vehicle verification as prescribed in A.R.S. § 28-2011.

"Office personnel member" means an individual who does not perform any other of the activities requiring certification under this Chapter and who is certified by the Department as an employee who performs functions that:

Have exposure to protected personal information, or

Has complete oversight and responsibility for all day-to-day operations necessary to ensure full compliance with all applicable program requirements.

"Principal" means any of the following:

If a sole proprietorship, the sole proprietor;

If a partnership, limited partnership, limited liability partnership, limited liability company, or corporation, the:

Partner;

Manager;

Member;

Officer;

Director;

Agent; or

If a limited liability company or corporation, each stockholder owning 20 percent or more of the limited liability company or corporation; or

If a political subdivision or government agency, the political subdivision or agency head.

"Principal place of business" means an authorized third party's administrative headquarters, which shall not be used as a residence.

"SAAM" means the State of Arizona Accounting Manual.

"Skills test" means a set of tests, authorized and approved by the Department and administered by the Department or by an authorized third party commercial driver license examiner or driver license processor to determine whether the applicant possesses the required skills for the type of license for which the applicant applies.

"Skills test route" means a public road or highway driving course, identified by an authorized third party and approved by the Department, for administering skills tests to driver license applicants.

"Tax report processor" means an individual certified by the Department to:

Process fuel tax reports and interstate user fuel tax reports from fuel suppliers, fuel vendors, and motor carriers; and

File the reports with the Department.

"Test site" means a location, identified by an authorized third party, for administering skills tests to driver license applicants that is:

Approved by the Department,

Permanently marked, and

Off the public road or highway.

"Title and registration processor" means an individual certified by the Department to:

Review applications for vehicle certificates of title or registrations under A.R.S. Title 28, Chapter 7;

Enter information related to applications for vehicle certificates of title or registrations into the Department's database; and

Issue or deny vehicle certificates of title or registrations.

"Vehicle inspector" means an individual certified by the Department to perform motor vehicle inspections.

"Vehicle permit processor" means an individual certified by the Department to:

Review applications for permits or registrations under A.R.S. Title 28, Chapter 3, Articles 18 and 19, and Chapter 7;

Enter information related to the applications in the Department's database; and

Issue or deny permits or registrations.

"Vicinity" means the area adjacent to, or in the immediate proximity of, any authorized third party's places of business.

History

• New Section made by final rulemaking at 9 A.A.R. 1630, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Article 2 AUTHORIZATION

Ariz. Admin. Code § R17-7-201 Authorization Application Requirements

A. An applicant, who must be at least 18 years of age, for third-party authorization shall provide to the Department on request:

1. The applicant's name, business name, and federal employer identification number identifying information;

2. The applicant's bond status as exempt or nonexempt under A.R.S. Title 28, Chapter 13, if exempt, the applicant must complete a bond exemption form, which must be submitted annually unless an exemption has been granted by the Department, and if nonexempt, the applicant must provide proof of a surety bond pursuant to A.R.S. Title 28, Chapter 13;

3. The name of the person who is the applicant's principal;

4. The name, title, email address, and telephone number identifying information of the applicant's contact individual;

5. The activities for which the applicant seeks third-party authorization;

6. The address of the applicant's principal place of business and each established place of business;

7. A statement that the applicant is in good standing;

8. The signature of all applicable principles

a. The sole proprietor,

b. All partners,

c. A corporate officer,

d. A limited liability company manager, or

e. The political subdivision head or agency head;

The following documents relating to the applicant's business if the applicant is a:

a. Corporation:

i. A copy of the articles of incorporation, including any amendments filed with the Arizona Corporation Commission; and

ii. Any other official documents, including copies of board meeting minutes and annual reports, that reflect the most recent change to the corporate name, structure, or officers;

b. Limited liability company:

i. A copy of the articles of organization, including any amendments filed with the Arizona Corporation Commission; or

ii. A copy of the application for registration as a foreign limited liability company filed with the Arizona Corporation Commission and a copy of the certificate of registration issued by the Arizona Corporation Commission to a foreign limited liability company;

c. Limited partnership, or a limited liability partnership:

i. A copy of a valid certificate of existence issued by the Arizona Secretary of State;

ii. A copy, stamped "Filed" by the Arizona Secretary of State, of a Certificate of Limited Partnership, Certificate of Foreign Limited Partnership, Limited Liability Partnership form, Foreign Limited Liability Partnership form, or Statement of Qualification for Conversion of Limited Partnership or Limited Liability Partnership; or

iii. A copy of a valid trade name certificate issued by the Arizona Secretary of State; or

d. Sole Proprietor:

i. A copy of a valid certificate of existence issued by the Arizona Secretary of State, or

ii. A copy of a valid trade name certificate issued by the Arizona Secretary of State;

10. A floor plan for each place of business that includes:

a. A computer-generated graphic,

b. A blueprint or other photographic reproduction of an architectural plan or technical drawing, or

c. A nontechnical drawing made by hand using a straightedge;

11. A map or drawing, and a narrative description of each skills test route and a photograph or drawing of each test site; and

12. Unless exempt, a full set of fingerprints from a criminal records check in accordance with A.R.S. § 28-5105 of each principal who must be at least 18 years of age. The applicant is responsible for the cost of the fingerprinting and criminal records check. Each full set of fingerprints shall be impressed on a fingerprint card:

a. Supplied by the Department, and

b. Completed by a law enforcement agency.

B. Unless exempt pursuant to A.R.S. § 28-5105, an applicant for a third-party authorization shall submit, for each principal, a properly signed personal history and authorization to release information form provided by the Department which includes identifying information and notification of any history of fraud, felony, or a business license withdrawal action as indicated on the form

1. Name, including other names and birth dates used;

2. Residence address;

3. Any suspension, cancellation, revocation, or denial of any similar business license issued by the Department within five years before the application date; and

4. The individual's signature witnessed by a notary public or a Department agent designated under A.R.S. § 28-370(A).

C. The authorization application, as provided under subsections (A) and (B), is received within 30 days of application date.

History

• New Section made by final rulemaking at 9 A.A.R. 1630, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-202 Notification of Authorization Approval or Denial and Hearing

A. Notification. The Department shall send a written and dated notification of approval or denial of third-party authorization application, in accordance with A.R.S. § 28-5107.

B. Administrative Hearing. An applicant whose application for third-party authorization is denied by the Department may request a hearing from the Department on the denial pursuant to A.R.S. § 28-5107 and 17 A.A.C. 1, Article 5.

History

• New Section made by final rulemaking at 9 A.A.R. 1630, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-203 Authorization Agreement

A. An applicant whose third-party authorization application has been approved must sign an authorization agreement with the Department which specifies the terms and conditions of the third-party authorization before performing any third party program activities.

B. The third-party authorization agreement may include exhibits identifying specific requirements unique to each third party program activity.

History

• New Section made by final rulemaking at 9 A.A.R. 1630, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-204 Authorized Third-party Requirements

A. An authorized third party shall maintain compliance with all state and federal laws, Department rules, and authorization agreement provisions.

B. While holding a third-party authorization, any principal or certified individual of an authorized third party shall:

1. Not have a suspension, cancellation, revocation, or denial of another similar business license or agreement issued by the Department;

2. Not have delinquent fees, taxes, or unpaid balance owed to the Department; and

3. Remain in good standing with the Department.

C. Until returned to the Department, an authorized third party shall retain the following records at an established place of business or at the principal place of business:

1. All logs and copies of completed, issued, or voided accountable inventory;

2. All unused accountable inventory; and

3. All other paper and electronic records, including all supporting documents, relating to the activities provided by the authorized third party.

D. On the request of the Department, an authorized third party shall produce and deliver to the Department the records listed in subsection (C).

E. An authorized third party shall maintain a copy of the certificate issued by the Department relating to each type of authorized activity that a certified individual performs at the principal place of business.

F. An authorized third party shall retain a certified individual's personnel file for a minimum of one year after the certified individual's last day of work. The personnel file of the certified individual shall include the following:

Dates of employment,

2. All computer access forms (if applicable),

3. Computer access termination form (if applicable), and

4. All relevant Department correspondence.

G. An authorized third party shall comply with the audit and inspection requirements of A.R.S. § 28-5102 and R17-7-401.

H. An authorized third party shall provide a safe work area adequate in size and otherwise suitable to accommodate all authorized activities.

I. An authorized third party shall:

1. Have facilities, including the vicinity and equipment, pre-approved or prescribed by the Department;

2. Have one or more established places of business as approved by the Department; and

3. Conduct all authorized activities only at the approved established places of business.

J. An authorized third party shall obtain the Department's written approval before:

Changing the location or floor plan of each established place of business,

2. Changing a skills test route or test site,

3. Performing any additional authorized activity,

4. Conducting any other businesses at an established place of business, or

5. Using or adopting a name different from the name specified on its authorization agreement.

K. An authorized third party shall provide written notice to the Department, within two business days, of any changes, including full name and address, to the list of certified individuals or the contact individual.

L. An authorized third party that is open to the public shall post at each place of business the sign required by A.R.S. § 28-5101(J), and a sign provided by the Department that states the business:

1. Is a Department-authorized third-party provider, and

2. May charge the customer a convenience fee when applicable.

M. An authorized third party shall comply with the application requirements of R17-7-201 and provide the required information 60 days before making any ownership changes.

N. An authorized third party shall attend all ongoing Department-approved training within the time-frames established by the Department in its authorization agreement.

O. An authorized third party shall not employ, contract with, or otherwise engage a current Department employee.

P. An authorized third party shall:

1. Submit all documents and corrections, according to state laws, rules, and the terms and conditions of its authorization agreement;

Immediately notify the Department of any unlawful actions relating to motor vehicle transactions that become known to the authorized third party;

3. Require that a customer submit all supporting documentation prescribed by the Department relating to a transaction before updating the Department databases;

4. Provide notice on the form provided by the Department within 24 hours if a certified individual's:

a. Driver license is suspended, revoked, canceled, or disqualified by the Department, including a commercial driver license medical suspension under A.A.C. R17-4-508 ;

b. Vehicle certificate of title is canceled by the Department; or

c. Vehicle registration is suspended or canceled by the Department;

5. Conduct skills tests, if applicable, only on test routes approved by the Department; and

6. Maintain all minimum required surety bond and insurance coverage as prescribed in the authorization agreement.

Q. An authorized third party shall not solicit an individual or another business on Department property or any other business authorized under this Chapter unless approved by the Department.

History

• New Section made by final rulemaking at 9 A.A.R. 1630, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-205 Financial Requirements

If an authorized third party collects monies required to be remitted to the Department under A.R.S. § 28-5101, the authorized third party shall deposit those monies by the next business day following the transaction date in the designated:

Concentration Banking System account, or

2. Account through an electronic method preapproved by the Department.

History

• Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014.

Ariz. Admin. Code § R17-7-206 Expired

History

• Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Section expired under A.R.S. § 41-1056(J) at 25 A.A.R. 1736, effective December 4, 2018 (Supp. 19-2).

Ariz. Admin. Code § R17-7-207 Expired

History

• Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Section expired under A.R.S. § 41-1056(J) at 25 A.A.R. 1736, effective December 4, 2018 (Supp. 19-2).

Article 3 CERTIFICATION

Ariz. Admin. Code § R17-7-301 Certification Application Requirements

A. A certification applicant shall provide to the Department the following:

1. The applicant's identifying information and contact information;

2. The activities for which the applicant seeks certification;

3. Information related to any previous employment with the Department;

4. Whether the Department previously denied an application for any certification of the applicant;

5. The activity the applicant was certified to perform for each previous certification issued to the applicant by the Department;

6. Whether the Department suspended or canceled any certification listed under subsection (A)(5);

7. 4. If the applicant previously worked as a certified individual, the names of the last three authorized third parties and professional driving schools that employed or contracted with the applicant, and the dates of the employment or contract work Information related to any previous certification of the applicant by the Department;

8. 5. The applicant's signature;

9. 6. A statement that the applicant is in good standing;

10. 7. A full set of fingerprints, on a fingerprint card supplied by the Department and completed by a law enforcement agency, for a criminal records check from a criminal records check in accordance with A.R.S. § 28-5105;

11. 8. The applicant's driving record for the past 39 months before the application date or commercial driver license record, which has the same meaning as a CDLIS motor vehicle record as defined in 49 CFR 384.105, if the applicant holds a commercial driver license, which must be dated within seven days of the application date; and

12. 9. The official name of the authorized third party at which the applicant will be employed.

B. The applicant is responsible for the cost of the finger printing and criminal records check.

C. B. An applicant for a certification shall submit to the Department a properly signed personal history and authorization to release information form as required under R17-7-201(B).

D. C. An applicant may be eligible for certification if the applicant:

1. Is at least 18 years of age on the application date or 21 years of age, if the applicant requests certification as a commercial driver license examiner, driver license trainer, or a driver license processor who will be performing driver license skills tests;

2. Is employed by or under contract for an employer applying for authorization or is authorized as an authorized third party;

2. 3. Is in good standing;

4. Does not have any driver license suspensions, revocations, or cancellations within 39 months of the application date, including convictions related to:

a. Driving under the influence of intoxicating liquor or drugs,

b. Reckless driving,

c. Racing upon the highway, or

d. Leaving the scene of an accident;

3. 5. Successfully completes all training courses required by the Department; and

4. 6. Submits the certification application as provided in subsections (A) through (C) to the Department within 30 days of the application date.

E. An applicant for certification shall:

1. Be employed or under contract for an employer applying for authorization or authorized as an authorized third party.

2. Not have any driver license suspensions, revocations, or cancellations within 39 months of the application date, including convictions related to:

a. Driving under the influence of intoxicating liquor or drugs,

b. Reckless driving,

c. Racing upon the highway, or

d. Leaving the scene of an accident.

History

• New Section made by final rulemaking at 9 A.A.R. 1630, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-302 Notification of Certification Approval or Denial and Hearing

A. Notification. The Department shall send a written and dated notification of certification approval or denial to an address provided on the application and in accordance with A.R.S. § 28-5107

1. By regular mail,

2. To the mailing address provided on the application, and

3. According to A.R.S. § 28-5107.

B. Administrative Hearing. An applicant whose application to become a certified individual is denied by the Department may request a hearing from the Department on the denial pursuant to A.R.S. § 28-5107 and 17 A.A.C. 1, Article 5.

History

• New Section made by final rulemaking at 9 A.A.R. 1630, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-303 General Requirements of a Certified Individual

A. A certified individual shall:

1. Submit all documents and corrections, according to all state laws and rules and the authorization agreement between the Department and the authorized third party;

2. Immediately notify the authorized third party of unlawful actions relating to motor vehicle transactions;

3. Require that a customer submit all supporting documentation relating to a transaction before updating the Department databases;

4. Provide notification within 24 hours to the authorized third party if the certified individual's:

a. Driver license is suspended, revoked, canceled, or disqualified by the Department;

b. Vehicle certificate of title is canceled by the Department; or

c. Vehicle registration is suspended or canceled by the Department;

5. Provide notification within five business days to the authorized third party of any changes to the certified individual's name or address; and

6. Attend ongoing Department-approved training, including, if applicable, a commercial driver license refresher training course, before each renewal of the authorization agreement.

B. A certified individual shall not:

1. Witness or notarize signatures on documents relating to a transaction unless the customer submits appropriate identification; or

2. Solicit an individual or another business on Department property or any other business authorized under this Chapter unless approved by the Department.

History

• Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-304 Expired

History

• New Section made by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Section expired under A.R.S. § 41-1056(J) at 25 A.A.R. 1736, effective December 4, 2018 (Supp. 19-2).

Ariz. Admin. Code § R17-7-305 Expired

History

• New Section made by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Section expired under A.R.S. § 41-1056(J) at 25 A.A.R. 1736, effective December 4, 2018 (Supp. 19-2).

Article 4 AUDITS AND INSPECTION

Ariz. Admin. Code § R17-7-401 Audits and Inspection

A. During an onsite audit or inspection, employees or agents of the Department, any law enforcement agency, or the Federal Motor Carrier Safety Administration may:

1. Request, review, audit, inspect, copy, or seize all paper, photographic, audio, and electronic records generated in the performance of any activities under this Chapter, whether in the possession of a current or former authorized third party or a certified individual;

2. Examine the site of any places of business or other location where any of the materials in subsection (A)(1) are kept or may be found, or where any activities under this Chapter are or have been conducted during current or previous periods of authorization or certification; and

3. Interview all or any of the authorized third party's:

a. Current or former employees or contractors,

b. Current or former certified individuals, and

c. Customers during current or previous periods of authorization or certification.

B. If Department personnel or the Department's representative conducts an onsite audit outside Arizona under A.R.S. § 28-5102(B)(3), the Department shall charge, and the authorized third party shall timely pay, for the costs of the audit, as well as any fees authorized under A.R.S. § 28-5102. The audit charge and payment shall include the Arizona Department of Administration reimbursement amounts for out-of-state travel authorized by A.R.S. Title 38, Chapter 4, Article 2 and stated in SAAM 5055, Travel Claims, prepared by the Arizona Department of Administration, which is available on the Arizona General Accounting Office website at www.gao.az.gov.

History

• New Section made by final rulemaking at 9 A.A.R. 1630, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Article 5 EXPIRED

Ariz. Admin. Code § R17-7-501 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Section expired under A.R.S. § 41- 1056(J) at 25 A.A.R. 1736, effective December 4, 2018 (Supp. 19-2).

Ariz. Admin. Code § R17-7-502 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Section expired under A.R.S. § 41- 1056(J) at 25 A.A.R. 1736, effective December 4, 2018 (Supp. 19-2).

Article 6 COMMERCIAL DRIVER LICENSE EXAMINATION PROGRAM

Ariz. Admin. Code § R17-7-601 Definitions

The following definitions apply to this Article, unless otherwise specified:

"CDL" means commercial driver license.

"CDLE" means commercial driver license examination.

"CDLE coach or transit bus" means the program activity for administering examinations for a Passenger (P) endorsement on a CDL.

"CDLE school bus" means the program activity for administering examinations for a School Bus (S) endorsement on a CDL.

"CDLE truck" means the program activity for administering examinations for a Class A, B, or C license.

"Monthly reconciliation report" means an authorized third party CDLE program's report of accountable inventory.

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-602 Activities

The authorized and certified activities for the CDLE Program are:

1. CDLE coach or transit bus,

2. CDLE school bus, or

3. CDLE truck.

4. NDLE "Motorcycle," or

5. NDLE "Operator."

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014.

Ariz. Admin. Code § R17-7-603 Additional Authorization Application Requirements for CDLE Program

In addition to satisfying the requirements of R17-7-201, an applicant for third-party authorization as a CDLE provider shall:

1. Submit the following:

a. Photographs and a floor plan of the principal place of business that shows the location of the accountable inventory storage,

b. Photographs and a floor plan of each established place of business,

c. A test route that complies with the specifications provided by the Department, and

d. Photographs and a diagram with the dimensions of any proposed CDL test site. The physical dimensions of the site shall comply with the specifications provided by the Department. The test site shall provide sufficient room to perform all skill maneuvers, be obstacle free and be off the roadway.

2. Provide to the Department a copy of the current lease or other written agreement for the use of the land if the applicant does not own the land on which the place of business or test site is located.

3. Ensure that each place of business and test site:

a. Meets all local zoning requirements, and

b. Is not used as a residence.

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-604 Additional Certification Application Requirements for Commercial Driver License Examiners

A. In addition to satisfying the requirements of R17-7-301, an applicant for certification as a commercial driver license examiner shall:

1. Possess a valid Arizona driver license of the class and endorsement representative of the examinations to be administered by the commercial driver license examiner; and

2. Not have a driver license suspension, cancellation, revocation, or disqualification within 39 months of the application date, including a CDL medical suspension under A.A.C. R17-4-508, or a conviction or finding of responsibility for any violation under A.R.S. § 28-3312 within five years of the application date

3. Have a minimum of three years of driving experience pertaining to the operation of a commercial vehicle representative of the type and class for which the applicant is seeking certification.

B. An authorized third party that has entered into an authorization agreement may withdraw a certification application if the examiner applicant has failed to meet certification requirements.

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-605 Additional Authorized CDLE Program Requirements

In addition to satisfying the requirements of R17-7-204, the authorized third party shall:

1. Ensure all vehicles used for examination:

a. Are representative of the class and type for which the individual is seeking a commercial driver license;

b. Are maintained in a safe operating condition;

c. Comply with registration and insurance requirements set forth in A.R.S. Title 28, Chapters 7, 9, 15, and 16; and

d. Comply with applicable Federal Motor Carrier Safety Regulations;

2. Maintain compliance with applicable federal rules and the federal rules as adopted by the Department under 17 A.A.C. 5, Article 2;

Allow employees or agents of the Department, any law enforcement agency, or the Federal Motor Carrier Safety Administration without prior notice to do any of the following:

a. Take the tests administered by the authorized third party as if the employee or agent is a test applicant,

b. Co-score along with the commercial driver license examiner during skills tests to compare pass or fail results,

c. Retest a sample of drivers who were examined by the authorized third party, or

d. Provide access to a vehicle for use under this subsection;

Maintain the following records at the authorized third party's principal place of business:

a. A copy of its current authorization agreement with the Department,

b. A copy of the current commercial driver license examiner's certificate for each examiner,

c. A copy of each completed skills test score sheet for the current calendar year and the past two calendar years,

d. A copy of the authorized third party's approved skills test routes and test sites, and

e. A copy of each commercial driver license examiner's training record;

5. Submit to the Department by the fifth day of each month, a list of all voided score sheets or an indication if none of the score sheets have been voided monthly reconciliation report If the authorized third party fails to timely submit a monthly reconciliation report, the Department may:

a. Give an oral or written warning for the first untimely report,

b. Send a letter of concern for the second untimely report in a 12-month period, or

c. Suspend or cancel the authorization for the third untimely report in a 12-month period; and

6. Verify each CDL applicant:

a. Possesses a valid Arizona driver license with a photograph and a valid Department-issued commercial instruction permit for the class and endorsement of the vehicle to be used in the skills test,

b. Has successfully completed the CDL written tests, and

c. Has successfully completed the entry-level driver training from a certified organization on the national registry of entrylevel driver training providers as prescribed in subpart F of 49 CFR 380.

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-606 Certified Commercial Driver License Examiner Requirements

A. In addition to satisfying the requirements of R17-7-303, a certified commercial driver license examiner shall:

1. Comply with all state and federal laws, rules, and the terms and conditions of the authorization agreement requirements between the Department and the authorized third party;

2. Maintain compliance with all certification requirements as prescribed in R17-7-301 ;

3. Not administer any examination unless the CDL applicant meets the requirements of all statutes, rules and policies relating to driver licensing;

Conduct skills tests only on Department-approved test routes; and

5. Complete, in the presence of the CDL applicant, the score sheet at the time of the skills test. The score sheet is valid for one year from the day the CDL applicant completes the skills test.

B. If the commercial driver license examiner's CDL is suspended, revoked, canceled, or disqualified, the certified commercial driver license examiner shall not administer any CDLE.

C. A commercial driver license examiner shall not accompany an applicant into any office or testing location rented, leased, or owned by the Department.

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-607 [REPEALED]

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Repealed by Final Rulemaking at 19 A.A.R. 2854, effective 9/11/2013

Ariz. Admin. Code § R17-7-608 [REPEALED]

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Repealed by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014.

Ariz. Admin. Code § R17-7-609 Renumbered

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Renumbered by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014.

Article 7 DRIVER LICENSE TRAINING PROVIDER PROGRAM

Ariz. Admin. Code § R17-7-701 Definitions

1. "Concentration Banking System (CBS)" means a type of state bank account, established by the Arizona State Treasurer's office, for deposit of funds collected by an authorized third party.

2. "Floor plan" means a Division-approved diagram of a building's interior, as seen from above, that shows the interior dimensions and the location of doors, windows, and equipment.

3. "Vicinity" means the area adjacent to, or in the immediate proximity of, each authorized third party's place of business.

The following definitions apply to this Article unless otherwise specified:

"Driver license training provider" means a business enterprise conducted by an individual, association, partnership, or corporation that educates and trains persons, either practically or theoretically, or both, to operate or drive motor vehicles; that prepares applicants for an examination given by the state for a driver license or instruction permit; and that charges a consideration or tuition for these services.

"Minimum professional training standards" means the Department's approved basic content of material to be presented to and understood by the student through evaluation.

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014.

Ariz. Admin. Code § R17-7-702 Additional Authorization Application Requirements for Driver License Training Providers

In addition to satisfying the requirements of R17-7-201, an applicant for third-party authorization as a driver license training provider shall:

1. Submit the following:

a. The specified course of instruction which will be offered, and

b. Sample copies of the contracts that will be offered to prospective students or given to enrolled students.

Provide a certified statement that the applicant will meet the minimum professional training standards as set forth by the Department. The minimum professional training standards will be provided to the applicant and included in the authorization agreement.

Provide a copy of any current leases or agreements for the use of the land or buildings on which the applicant's places of business and training sites are located.

4. Ensure that all places of business and training sites:

a. Meet all local zoning requirements, and

b. Are not used as a residence.

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). New Section made by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-703 Additional Certification Application Requirements for Driver License Trainers

In addition to satisfying the requirements of R17-7-301, an applicant for certification as a driver license trainer shall satisfy all of the following:

1. Pass an examination given by the Department consisting of an actual demonstration or a written test, or both, covering:

a. Traffic laws;

b. Safe driving practices;

c. Operation of motor vehicles;

d. Knowledge of teaching methods, techniques, and practices; and

e. Authorized third-party statutes and rules, business ethics, office procedures, and elementary recordkeeping;

2. Have at least a high school diploma or its equivalent;

3. Hold a valid driver license;

4. Be physically and mentally able to safely operate a motor vehicle and to train others in the operation of motor vehicles, to substantiate this requirement, the Department may require a properly signed and completed certificate of medical examination conducted by a person qualified and licensed to practice medicine in this state; and

Provide other information the Department deems pertinent for determining the applicant's good moral character.

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). New Section made by exempt rulemaking at 20 A.A.R. 1138, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-704 Additional Authorized Driver License Training Provider Program Requirements

In addition to satisfying the requirements of R17-7-204, the authorized third party shall comply with the following:

The director shall approve, and may modify, in writing the minimum professional training standards that each authorized third party driver license training provider shall teach to its students. Those minimum professional training standards shall be included in the authorization agreement. The authorized third party driver license training provider shall comply with the Department's approved curriculum.

2. The established place of business of each authorized third party driver license training provider must be used only for activities authorized by the Department.

3. Each established place of business shall meet all requirements of state law, local ordinances, and the accessibility requirements of the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.). The Department may require proof of compliance with local zoning ordinances.

4. An authorized third party driver license training provider must post its office hours in a conspicuous place clearly visible to the public within that location and be open to the public during the posted hours. The person left in charge of the office during the posted office hours must be fully trained to give pertinent information to the public as well as give information to any representative of the Department or to any law enforcement agency.

5. The authorized third party driver license training provider shall provide adequate facilities for any student being given instruction in other than behind-the-wheel driver training.

6. An authorized third party driver license training provider shall maintain the following records at an established place of business or at the principal place of business and make them available for audit and inspection during normal business hours:

a. All records setting forth the name, address, contract number, and terms of payment with respect to every person receiving training of any kind, or any other service relating to the operation of a motor vehicle. These records must also contain the date, type, and duration of all training, including the name of the certified individual giving the lessons and the license plate number, make, and model of the vehicle used to conduct the training.

b. A record of all receipts and disbursements.

c. A record of all training vehicle maintenance and repairs.

7. If an authorized third party driver license training provider enters into a written contract with any person or group of persons receiving training relating to the operation of a motor vehicle, the training provider shall give the original contract to the student or the student's agent who executes the contract and shall retain a copy of the contract in its records.

8. An authorized third party driver license training provider shall equip each motor vehicle used for driver training with at least the following that enables an accompanying driver license trainer to bring the motor vehicle under control in case of emergency:

a. If the motor vehicle is equipped with an automatic transmission, at least a A dual braking device that enables an accompanying driver license trainer to bring the motor vehicle under control in case of emergency; and if the motor vehicle is equipped with an automatic transmission, or

b. If the motor vehicle is equipped with a standard transmission, at least a A dual clutch and braking device that enables an accompanying driver license trainer to bring the motor vehicle under control in case of emergency if the motor vehicle is equipped with a standard transmission.

9. An authorized third party driver license training provider must maintain all motor vehicles in safe operating condition at all times.

10. An authorized third party driver license training provider shall conduct training only on test routes approved by the Department.

11. An authorized third party driver license training provider shall not:

a. Indicate or represent in any advertisement that the training provider can issue or guarantee issuance of a driver license in any jurisdiction,

b. Imply or represent that the training provider can in any way influence the Department or an authorized third party in the issuance of a driver license, or

c. Imply or represent that preferential or advantageous treatment from the Department or an authorized third party can be obtained.

12. An authorized third party driver license training provider or a certified trainer shall not accompany any student into any examining office or testing location rented, leased, or owned by the Department or an authorized third party for the purpose of taking a driver license examination.

13. In case of loss or mutilation, a duplicate authorization certificate may be issued by the Department on submission of a properly signed and completed application accompanied by an affidavit setting forth the circumstances. The affidavit must show the date the previously-issued authorization certificate was lost, mutilated, or destroyed, and the circumstances involving its loss, mutilation, or destruction.

14. An authorization for a driver training provider is nontransferable.

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). New Section made by exempt rulemaking at 20 A.A.R. 1139, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-705 Certified Driver License Trainer Requirements

A. In addition to satisfying the requirements of R17-7-303, a certified driver license trainer shall maintain compliance with all certification requirements as prescribed in R17-7-301.

B. In case of loss or mutilation, a duplicate certification may be issued by the Department on submission of a properly signed and completed application accompanied by an affidavit setting forth the circumstances. The affidavit must show the date the previously-issued certification was lost, mutilated, or destroyed, and the circumstances involving its loss, mutilation, or destruction.

C. If a certified driver license trainer is not employed by an authorized driver license training provider for a period of at least one year, the trainer must reapply and satisfy all the driver license training requirements.

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). New Section made by exempt rulemaking at 20 A.A.R. 1139, effective 5/1/2014. Amended by final expedited rulemaking at 30 A.A.R. 3524, effective 11/6/2024.

Ariz. Admin. Code § R17-7-706 Renumbered

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Renumbered by Exempt Rulemaking at 20 A.A.R. 1139, effective 5/1/2014

Ariz. Admin. Code § R17-7-707 [REPEALED]

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Repealed by exempt rulemaking at 20 A.A.R. 1139, effective 5/1/2014.

Article 8 REPEALED

Ariz. Admin. Code § R17-7-801 [REPEALED]

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Repealed by exempt rulemaking at 20 A.A.R. 1139, effective 5/1/2014.

Ariz. Admin. Code § R17-7-802 [REPEALED]

History

• New Section made by final rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Repealed by exempt rulemaking at 20 A.A.R. 1139, effective 5/1/2014.

Chapter 8 DEPARTMENT OF TRANSPORTATION - FUEL TAXES

Article 4 ELECTRONIC FUNDS TRANSFERS

Ariz. Admin. Code § R17-8-401 Definitions

In addition to the definitions provided under A.R.S. §§ 28-101 and 28-5601, the following terms apply to this Article:

"Automated Clearing House," or "ACH," means a central distribution and settlement point for the electronic clearing of debits and credits between financial institutions.

"ACH credit" means an electronic funds transfer:

Generated by a licensee, and

Cleared through an ACH for deposit to the Department account.

"ACH debit" means an electronic funds transfer from a licensee's account:

Authorized by a licensee-signed authorization agreement,

Generated at a licensee's instruction, and

Cleared through an ACH for deposit to the Department account.

"ADOT account number"means a confidential number assigned by the Department that identifies a licensee.

"Authorized representative"means the owner, officer, or managing person of the licensee.

"Automated Clearing House," or "ACH," means a central distribution and settlement point for the electronic clearing of debits and credits between financial institutions.

"Cash Concentration or Disbursement Plus," or " CCD+," means the standardized data format approved by Nacha for remitting tax payments electronically.

"Electronic Fuel Tax Program" means the Department program for the electronic filing of fuel tax reports and payment of fuel taxes.

"Electronic fuel tax report" means the monthly fuel tax report required under A.R.S. Title 28, Chapter 16, Article 1, filed pursuant to the Electronic Fuel Tax Program.

"Electronic funds transfer" means a transmission of funds by electronic means to order, instruct, or authorize a financial institution to debit or credit an account pursuant to the Electronic Fuel Tax Program.

"Financial institution" means a licensed bank, savings and loan association, mutual savings bank or credit union.

"Licensee" means a person licensed under A.R.S. Title 28, Chapter 16, Article 1.

"MVD account number" means a confidential number assigned by the Department that identifies a licensee.

" Nacha" is a not-for-profit association that oversees the ACH network.

"Payment information" means data the Department requires of a licensee when making an electronic funds transfer.

"State servicing bank" means the financial institution contracted to perform banking functions on behalf of the state.

History

• New Section made by final rulemaking at 15 A.A.R. 225, effective March 7, 2009 (Supp. 09-1). Amended by final expedited rulemaking at 25 A.A.R. 3573, effective 12/3/2019.

Ariz. Admin. Code § R17-8-402 Applicability

A. A licensee authorized by the Department to file electronic fuel tax reports under A.R.S. Title 28, Chapter 16, shall remit payments to the Department by electronic funds transfer as provided under A.R.S. §§ 28-374, 28-5930, and this Article.

B. Payments subject to this Article include any tax or fee associated with:

1. Filing original or amended tax reports,

2. Taxpayer billings associated with tax reports, or

Audit assessments associated with tax reports.

History

• New Section made by final rulemaking at 15 A.A.R. 225, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R17-8-403 Electronic Funds Transfer Declaration

A. Prior to remitting an initial payment by electronic funds transfer, and within 30 days prior to any change in the method of payment transfer, a licensee shall file with the Department an electronic funds transfer declaration.

B. The electronic funds transfer declaration shall be made on a form approved by the Department and shall contain the following:

1. Licensee name;

2. Licensee Employer Identification Number (EIN);

3. Business address;

4. ADOT account number;

5. Payment type;

6. Either ACH credit or ACH debit payment method;

7. Name, title, email address, and phone number of contact person;

8. Signature of the authorized representative of the licensee; and

8. 9. Any other information required by the Director.

History

• New Section made by final rulemaking at 15 A.A.R. 225, effective March 7, 2009 (Supp. 09-1). Amended by final expedited rulemaking at 25 A.A.R. 3573, effective 12/3/2019.

Ariz. Admin. Code § R17-8-404 Procedures for Payment

A. All electronic funds transfers shall be in compliance with the Nacha Operating Rules and Guidelines.

B. A licensee may remit payments by either ACH credit or ACH debit.

C. A licensee using the ACH credit method shall ensure that all ACH credit transfers are in the CCD+ addenda format and contain all information required by the Department and the licensee's financial institution to process the transfer.

D. A licensee using the ACH debit method shall electronically communicate the following payment information to the state servicing bank:

1. ADOT account number,

2. Payment amount, and

3. Any other information required by the Director.

History

• New Section made by final rulemaking at 15 A.A.R. 225, effective March 7, 2009 (Supp. 09-1). Amended by final expedited rulemaking at 25 A.A.R. 3573, effective 12/3/2019.

Ariz. Admin. Code § R17-8-405 Remedies

A. Violations of this Article shall result in the assessment of applicable penalties, interest, and late filing fees pursuant to A.R.S. Title 28, Chapter 16.

B. Licensure shall be subject to cancellation by the Department upon a licensee's failure to comply with this Chapter and A.R.S. Title 28, Chapter 16 or 25, for failing to file an electronic report as required under A.R.S. § 28-5930.

C. Remedies are cumulative. A cancellation of licensure under this Chapter or A.R.S. Title 28, Chapters 16 and 25, shall not terminate any reporting requirement or fee, tax, penalty or interest obligation.

History

• New Section made by final rulemaking at 15 A.A.R. 225, effective March 7, 2009 (Supp. 09-1).

Article 5 ELECTRONIC FUEL TAX REPORTING

Ariz. Admin. Code § R17-8-501 Definitions

In addition to the definitions provided under A.R.S. §§ 28-101 and 28-5601, the following terms apply to this Article: "Applicant" means a person applying for licensure under A.R.S. Title 28, Chapter 16, Article 1.

"Electronic Fuel Tax Program" has the same meaning as defined in R17-8-401.

"Electronic Fuel Tax Reporting Agreement" means the contract between the Department and each licensee pertaining to filing electronic fuel tax reporting requirements in the form and containing such terms and conditions as established by the Director from time to time.

"Electronic funds transfer" has the same meaning as provided under R17-8-401 .

"Electronic fuel tax report" has the same meaning as defined in R17-8-401.

"Electronic Fuel Tax Reporting Agreement" means the contract between the Department and each licensee pertaining to filing electronic fuel tax reporting requirements in the form and containing such terms and conditions as established by the Director from time to time.

"Electronic funds transfer" has the same meaning as defined in R17-8-401.

"Fuel Tax Suite" means the secure website provided by the Department for filing fuel tax reports and accessing a licensee's fuel tax account.

"Licensee" has the same meaning as defined in R17-8-401.

"Secure Access Gateway" means the Department's secure network application that allows a remote user to connect to the Fuel Tax Suite.

"Service Arizona Access Request and Agreement" means the contract documenting terms and conditions for access to the Secure Access Gateway and Fuel Tax Suite established by the Director from time to time.

History

• New Section made by final rulemaking at 15 A.A.R. 278, effective March 7, 2009 (Supp. 09-1). Amended by final expedited rulemaking at 25 A.A.R. 3573, effective 12/3/2019.

Ariz. Admin. Code § R17-8-502 Applicability; General Provisions

A. For the purpose of administering the reporting requirements under A.R.S. Title 28, Chapter 16, Articles 1 and 5, a licensee shall participate in the Electronic Fuel Tax Program as provided under this Article.

B. Each applicant and licensee shall apply for Department authorization to submit electronic fuel tax reports as required by the Department.

C. Each applicant and licensee shall enter into an Electronic Fuel Tax Reporting Agreement as a condition of licensure.

D. A licensee shall submit monthly fuel tax reports required under A.R.S. Title 28, Chapter 16, Article 1, using paper forms provided by the Department until authorized by the Department to file electronic fuel tax reports.

E. D. A licensee authorized by the Department to file electronic fuel tax reports shall complete monthly fuel tax reports only by means of the Electronic Fuel Tax Program and shall not submit such reports in paper form.

F. E. A licensee authorized by the Department to file electronic fuel tax reports shall submit fuel tax payments by electronic funds transfer as provided under Article 4. The licensee shall ensure that the fuel tax payments are deposited to the Department account as prescribed under A.R.S. Title 28, Chapter 16, Articles 1 and 5.

History

• New Section made by final rulemaking at 15 A.A.R. 278, effective March 7, 2009 (Supp. 09-1). Amended by final expedited rulemaking at 25 A.A.R. 3573, effective 12/3/2019.

Ariz. Admin. Code § R17-8-503 Method and Medium of Transmission

A. A licensee shall submit electronic fuel tax reports to the Department through the Fuel Tax Suite.

B. The filing deadline is 5:00 p.m. (Arizona Mountain Standard Time) on the 27th day of each calendar month, or, if such day is a Saturday, Sunday, or Arizona legal holiday, the next following business day.

History

• New Section made by final rulemaking at 15 A.A.R. 278, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R17-8-504 Data Elements and Format

Electronic fuel tax reports shall include the following:

1. Identification of the licensee,

2. Detailed load-by-load receipts information that establishes the amount of fuel received,

3. Detailed load-by-load disbursement information that establishes the amount of fuel delivered,

4. Diesel differential information that establishes the basis for the differential adjustment, and

5. Other information required by the Director.

History

• New Section made by final rulemaking at 15 A.A.R. 278, effective March 7, 2009 (Supp. 09-1). Amended by final expedited rulemaking at 25 A.A.R. 3573, effective 12/3/2019.

Ariz. Admin. Code § R17-8-505 Record Retention; Audit

A. A licensee shall retain the following records as provided under this Section:

1. A copy of each electronic fuel tax report,

2. A record of all transactions subject to the Electronic Fuel Tax Program,

3. A record of all other electronic transmissions under the Electronic Fuel Tax Program,

4. Back-up files adequate to recreate all electronic records, and

5. All other records required under A.R.S. § 28-5619.

B. A licensee shall make available to the Department for inspection all hard copy records, electronic records, books, receipts, disbursements, and accounts used in support of an electronic report as prescribed under A.R.S. Title 28, Chapter 16. At the time of inspection, the licensee shall provide the Department with access to the electronic reporting method and medium in effect at the time of all electronic transmissions sufficient for the Department to effectively follow the audit trail.

C. A licensee shall retain the records specified under this Section for a period of three years following the latter of the filing due date or the actual filing date of an original or amended electronic fuel tax report. However, if notified by the Department of an audit, the licensee shall retain the records referenced in the Department's notice through the date the Department finalizes the audit.

History

• New Section made by final rulemaking at 15 A.A.R. 278, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R17-8-506 Remedies and Waiver

A. Violations of this Article shall result in the assessment of applicable penalties, interest, and late filing fees pursuant to A.R.S. Title 28, Chapter 16, provided that, subject to statute, the Department may waive and extend compliance deadlines in order to advance the efficient administration of the Electronic Fuel Tax Program as it may, in its sole discretion, determine appropriate in particular cases.

B. Licensure shall be subject to cancellation by the Department upon a licensee's failure to comply with this Chapter and A.R.S. Title 28, Chapter 16 or 25, for failing to file an electronic report as required under A.R.S. § 28-5930.

C. Remedies are cumulative. A cancellation of licensure under this Chapter and A.R.S. Title 28, Chapters 16 and 25, shall not terminate any reporting requirement or fee, tax, penalty or interest obligation.

History

• New Section made by final rulemaking at 15 A.A.R. 278, effective March 7, 2009 (Supp. 09-1).

Article 6 MOTOR FUEL REFUNDS

Ariz. Admin. Code § R17-8-601 Definitions and General Provisions

A. Definitions. The following definitions apply to this Article unless otherwise specified:

"Application" means a request for refund of motor fuel taxes, made on a form provided by the Department.

" Cardlock use fuel facility" has the same meaning as a cardlock facility as defined in A.R.S. § 28-5605.

"Claimant" means the taxpayer or a person who has the authority to file an application on behalf of the taxpayer, as authorized by a notarized power of attorney, also referred to as applicant.

"Complete application" means an application that includes all supporting documentation and schedules for the period of the refund claim, claimant signature, and provides all information required on the application.

"Contaminated Fuel" means motor fuel, which is accidentally tainted, and which is unsalable for highway use.

"Daily log" means notations made by a driver of a commercial motor vehicle which records a daily record of duty status as specified under 49 CFR 395.8.

"Declaration of Status" means a statement on a form provided by the Department that a light class or exempt use class vehicle qualifies for use fuel tax differential under A.R.S. § 28-5606(B)(2).

"Destination state" means a state in the United States, other than the state of Arizona.

"Diversion" means delivery of motor fuel to a destination state other than the intended destination as signified on a carrier bill of lading.

"Exempt use class motor vehicle" means a vehicle exempt from gross weight fees under A.R.S. § 28-5432.

"GPS" means the Global Positioning System, a navigation system of satellites and receiving devices used to compute vehicle position and time information.

"Highway" has the same meaning as defined in A.R.S. § 28-5601, and also includes a:

Port of entry,

Weigh station, or

Public rest area.

"Idle status" means a vehicle that is stationary, its engine continues to operate, and it is located in Arizona, but off-highway.

"Licensee" has the same meaning as defined in A.R.S. § 28-5613.

"Light class motor vehicle" has the same meaning as defined in A.R.S. § 28-5601.

"Mexican Pedimento" means an authorizing permit document issued by Mexico.

"Motor fuel" has the same meaning as defined in A.R.S. § 28-5601.

"Motor fuel tax" means any tax on motor fuel imposed under A.R.S. Title 28, Chapter 16, Article 1.

"Notification date" means the date on a notice sent by the Department.

"Off-highway" means any location that is not on a highway in this state.

"Person" has the same meaning as defined in A.R.S. § 28-5601.

"Power take-off" means the operation of vehicle-mounted, auxiliary equipment that is powered by energy supplied by the same engine that propels the motor vehicle, but does not include equipment related to the operation of a vehicle and powered by the vehicle's engine, including air conditioning, alternator, automatic transmission, and power steering.

"Tribal agreement" means an agreement between the Department and a Native American tribe for the administration of motor fuel taxes.

"Trip" means travel within or through Arizona's state borders with a designated beginning and ending location.

"Use class motor vehicle" has the same meaning as defined in A.R.S. § 28-5601.

"Use fuel" has the same meaning as defined in A.R.S. § 28-5601.

"Use fuel tax differential" means the difference between the use fuel tax rate applicable to light class motor vehicles or exempt use class motor vehicles, and the use fuel tax rate applicable to use class motor vehicles.

"Vendor" has the same meaning as defined in A.R.S. § 28-5601.

"VIN" means Vehicle Identification Number.

B. General Provisions.

1. Scope. For purposes of administering A.R.S. § 28-5612 this Article applies to a person or licensee under A.R.S. §§ 28-5612 and 28-5613.

2. Application.

a. A complete application for refund of motor fuel tax shall be submitted to the Department.

i. A claimant may combine several months' totals and submit to the Department one application for refund.

ii. A complete application shall be for the whole calendar month and not for a partial month.

iii. Supplemental applications for refunds covering the same period already paid are not permitted.

b. An application for refund for an amount of $10 or less

i. shall be accepted only once within a consecutive six-month period

ii. If the aggregate monthly total of a request for refund is less than $10 the applicant may combine several month's totalson one request for refund.

c. A Claimant shall submit to the Division a separate application for refund for each calendar month.

d. c. When the Department determines that an application is incomplete under these rules and A.R.S. Title 28, Chapter 16, Article 1, the Department shall suspend processing of the application for refund and

i. Notify the claimant of the deficiencies, and

ii. Return the application to the claimant.

e. d. A claimant whose application is returned as incomplete under A.R.S. Title 28, Chapter 16, Article 1 and these rules shall have 60 days from the notification date to remedy the deficiencies.

f. e. If the claimant fails to remedy the deficiencies under subsection (B)(2)(c) within 60 days of the notification date and return a complete application, the Department shall deny the application for refund.

g. f. If the Department denies an application because the claimant failed to remedy a deficiency, the deadline to submit a new application shall be governed by the time-frames established in subsection (B)(3).

3. Application filing. A complete application for refund shall be submitted to the Department as provided within the following table:

| Refund Type | Claimant Status | | | --- | --- | --- | | Sections | Licensee | Non-Licensee | | R17-8-602 . Exports | 3 years from date of export | 3 months from date of export | | R17-8-603 . Use Fuel Vendors | 3 years from date of sale | 6 months from date of sale | | R17-8-604 . Off-Highway | 3 years from date of purchase | 6 months from date of purchase | | R17-8-606 . Tribal Government | If no Tribal Agreement with the Department, 6 months from date of purchase | | | R17-8-607 . Tribal Member | | | | R17-8-608 . Transport of Forest Products; Healthy Forest Initiative | March 1st of the year following calendar year consumed | | | R17-8-609 . Motor Vehicle Fuel Used in Aircraft | 6 months from date of purchase | | | R17-8-610 . Motor Fuel Losses Caused by Fire, Theft, Accident, or Contamination | 3 years from date of event | 6 months from date of event | | R17-8-611 . Bulk Purchase of Use Fuel | 3 years | 6 months |

Filing location and timely filing. A claimant shall submit an application under this Article to the Department as provided under A.R.S. § 1-218, and this subsection:

a. Hand delivered or other delivery service requiring a street address:

i. Arizona Department of Transportation, Financial Management Services

Fuel Tax Refund Compliance Unit

1801 W. Jefferson St., Rm. 201

Phoenix, AZ 85007.

ii. Hand delivered: the Department time and date stamp will be used to determine whether a complete application was received within the required time-frames established under subsection (B)(3).

iii. Other delivery service: the date of receipt by the designated delivery service shall be used to determine whether an application was received by the Department within the required time-frame established under subsection (B)(3).

b. United States Postal Service, including certified or registered mail:

i. Arizona Department of Transportation, Financial Management Services

Fuel Tax Refund Compliance Unit

P.O. Box 2100, Mail Drop 521M

Phoenix, AZ 85001.

ii. Regular mail: the postmark date will be used to determine whether an application was received by the Department within the required time-frames established under subsection (B)(3).

iii. Certified or registered mail: the date of receipt by the designated delivery service shall be used to determine whether an application was received by the Department within the required time-frame established under subsection (B)(3).

c. Other method as indicated on the Department's website at www.azdot.gov.

5. Supporting documentation.

a. The Department shall accept any of the following forms of documentation to support a claim for refund, which may be admissible to the same extent as an original:

i. Photocopies;

ii. Duplicates (reprints);

iii. Document image; or

iv. Electronic copy, as indicated on the Department's website at www.azdot.gov.

b. The Department shall not return documentation submitted to support an application for refund once an application for refund has been accepted as complete.

c. If the Department determines that the supporting documentation required under these rules does not provide sufficient evidence of motor fuel tax paid, the Department may require the claimant to produce additional information.

d. Failure to produce additional documentation as requested by the Department, within the time prescribed under subsection (B)(2)(d), shall result in a denial of refund request being issued by the Department.

6. Record retention and review.

a. A licensee shall maintain the records relied upon to support the application for refund as specified under A.R.S. Title 28, Chapter 16, Article 1 and these rules, and produce those records to the Department when requested.

b. Unless required by A.R.S. Title 28, Chapter 16 to maintain records relied upon to substantiate an application for refund for a shorter or longer period of time, a licensee shall retain the records required to support an application for refund for three years from the issuance date of refund by the Department.

c. The Department reserves the right to review a claimant's records used to substantiate an application for refund under these rules.

7. If at any time, the Department discovers an overpayment of motor fuel tax refunded to a claimant under these rules, the Department shall recover payment under A.R.S. § 28-5612.

8. Notification; violation; suspension; administrative hearing.

a. Denial of request for refund. If the Department denies an applicant's request for refund the Department shall send notification of denial to the claimant.

b. Administrative Hearings. Hearings, rehearings, and appeals shall be noticed and conducted in accordance with A.R.S. § 28-5924 and A.A.C Title 17, Chapter 1, Article 5.

c. Suspension due to violation of A.R.S. § 28-5612.

i. If the Department finds that a claimant is in violation of A.R.S. § 28-5612, the Department shall send notification to the claimant identifying the violation.

ii. A claimant determined by the Department to be in violation of state laws and regulations under A.R.S. § 28-5612 and these rules, may be suspended from filing motor tax fuel refunds for six consecutive months from the notification date of the Department for motor fuel tax paid during the suspension period.

iii. If a suspension is set aside under A.R.S. § 28-5612, a claimant may again apply to the Department for refund.

iv. The time-frame requirements under subsection (B)(3) shall not toll while pursuit of remedy by the claimant or the Department under this subsection.

History

• New Section made by final rulemaking at 14 A.A.R. 399, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 24 A.A.R. 3501, effective 12/4/2018.

Ariz. Admin. Code § R17-8-602 Exports

A. To qualify under this Article for a refund of Arizona fuel tax paid on motor fuel exported, a claimant shall provide the following documents to support a complete application for refund:

1. Export to another state within the United States:

a. Terminal, carrier, or bulk plant bill of lading or delivery ticket showing the point of origin and destination of the motor fuel;

b. Invoice or monthly supplier report schedule indicating that the Arizona tax was paid;

c. Motor fuel invoice or shipping document reflecting final destination and gallons exported;

d. Tax report establishing that the destination state's tax was reported;

e. Name and license number issued by the destination state of the licensee responsible for payment of motor fuel tax and tax reporting to the destination state; and

f. If the export of motor fuel is a diversion, the claimant shall provide the following documents to the Department:

i. A carrier bill of lading; and

ii. Other documentation which supports the delivery of motor fuel to a specific location, other than its intended destination.

2. Exports to Mexico:

a. Documentation under subsection (A)(1),

b. Documentation that Petróleos Mexicanos authorized the motor fuel import,

c. b. U.S. Department of Commerce export documentation, and

d. c. Copy of Mexican Pedimento indicating authorization for import and verification of the motor fuel import.

3. Exports to Navajo Nation:

a. Documentation under subsection (A)(1),

b. Name and license number of the Navajo Nation distributor,

c. Copy of Navajo Nation manifest or copy of the Navajo Nation monthly motor fuel distributor tax return, and

d. Invoice showing the Navajo Nation tax was included in total amount due.

B. The description of the motor fuel exported shall be identical on all documentation submitted in support of a request for refund of motor fuel tax paid on export.

History

• New Section made by final rulemaking at 14 A.A.R. 399, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 24 A.A.R. 3501, effective 12/4/2018.

Ariz. Admin. Code § R17-8-603 Use Fuel Vendors

A. To qualify for refund of the use fuel tax differential, a use fuel vendor shall submit to the Department:

1. A complete application as prescribed under R17-8-601 ;

2. Supplier or restricted distributor invoice, documenting the use fuel taxes that the vendor paid for the fuel; and

3. Supporting documentation:

a. For sales of use fuel dispensed from a pump which is labeled for use class into a light class or exempt use class vehicle, a fuel log of use fuel tax differential sales, submitted on a format approved by the Department that includes the following vendor information:

i. Vendor name;

ii. Department-issued retail branch number;

iii. Retail branch physical address;

iv. Department-issued vendor license number;

v. Date of sale to consumer;

vi License plate number and name of jurisdiction that issued the license plate of the motor vehicle into which the fuel was dispensed;

vii. Number of gallons of use fuel that were purchased and dispensed into the fuel tank of a qualifying vehicle;

viii. Amount of fuel tax refunded to purchaser; and

ix. Purchaser's name and signature indicating receipt of the refund made by a vendor of use fuel, submitted on a vendor use fuel refund log, provided by the Department.

b. For use fuel vendors who have sales of use fuel dispensed from both a pump labeled for use class and from a pump labeled for light class or exempt use class, a report of the total pump sales for each type.

B. The Division shall not accept an application for a period that a vendor of use fuel was not licensed under A.R.S. § 28-5605, except as provided under this subsection.

1. An application for a period that a vendor was not licensed under A.R.S. § 28-5605 will be accepted by the Division if the Claimant submits an application to the Division for a vendor license at the time initial application for refund is submitted.

2. The unlicensed use fuel vendor shall demonstrate compliance with A.R.S. § 28-5605(B), at the time of the applicable use fuel sale to the satisfaction of the Division by the following means:

a. Photographs,

b. Diagrams,

c. Statements, and

d. Any other documentation approved by the Division which demonstrates compliance.

C B. A licensed use fuel vendor shall maintain the following records under R17-8-601(B)(6) :

1. Records of daily sales to light class or exempt use class motor vehicles which provides details for each use fuel sale to include the following:

a. Gallonage,

b. Transaction date,

c. Price per gallon, and

d. Product description;

2. Purchase invoices of use fuel;

3. Inventory records of use fuel; and

4. Vendor use fuel refund log under subsection (A)(3)(a).

D C. Cardlock use fuel facility.

1. Applicability. For purposes of receiving a refund from the Department for use fuel sold to a light class or exempt use class vehicle at a cardlock use fuel facility, the vendor shall:

a. Submit documentation under subsection (A)(3), except subsection (A)(3)(a)(ix), to the Department;

b. Have controlled access to the cardlock use fuel facility in compliance with A.R.S. § 28-5605;

c. Restrict use of a cardlock use fuel facility to those approved purchasers that have completed a Declaration of Status; and

d. Shall maintain records under subsection (B).

2. Declaration of Status.

a. A vendor shall require that a purchaser of use fuel for use in light class or exempt use class vehicles complete and submit to the vendor a Declaration of Status for each vehicle that will have the ability to obtain fuel at a cardlock use fuel facility.

b. A Declaration of Status must be completed for each additional vehicle prior to purchase of motor fuel at a card-lock use fuel facility.

c. A Declaration of Status shall be made on a form provided by the Department and may be obtained at www.azdot.gov.

d. The original signature of the purchaser shall be included on the Declaration of Status.

e. A vendor who operates a cardlock use fuel facility must retain all original Declarations of Status received from a purchaser in the vendor's files under R17-8-601(B)(6), and shall make the Declarations of Status available for review by the Department.

3. Labeling. A cardlock vendor shall comply with state law by placing a label with verbiage and specifications as required under A.R.S. § 28-5605.

a. Cardlock use fuel facilities shall post a use fuel tax rate label provided by the Department.

b. Vendors found in violation of labeling regulations shall be subject to penalties under A.R.S. § 28-5605.

D. Mobile fueling vendor.

1. Applicability. For purposes of receiving a refund from the Department for use fuel sold and delivered directly from a mobile vehicle into a light class or exempt use class vehicle fuel tank for other than the dispenser's own consumption, the vendor shall:

a. Submit documentation under subsection (A)(3), except subsection (A)(3)(a)(ix), to the Department; and

b. Shall maintain records under subsection (B).

2. Declaration of Status.

a. A vendor shall require that a purchaser of dispensed use fuel complete and submit to the vendor a Declaration of Status for each light class or exempt use class vehicle that will have the ability to obtain fuel with a mobile fueling vendor.

b. A Declaration of Status must be completed for each additional vehicle prior to delivery of motor fuel by a mobile fueling vendor.

c. A Declaration of Status shall be made on a form provided by the Department and may be obtained at www.azdot.gov.

d. The original signature of the purchaser shall be included on the Declaration of Status.

e. A vendor who operates a mobile fueling operation must retain all original Declarations of Status received from a purchaser in the vendor's files under R17-8-601(B)(6), and shall make the Declarations of Status available for review by the Department.

3. Labeling. A mobile fueling vendor shall comply with state law by placing a label with verbiage and specifications as required under A.R.S. § 28-5605.

a. Mobile fueling vendors shall post on their fueling dispenser a use fuel tax rate label provided by the Department.

b. Vendors found in violation of labeling regulations shall be subject to penalties under A.R.S. § 28-5605.

History

• New Section made by final rulemaking at 14 A.A.R. 399, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 24 A.A.R. 3501, effective 12/4/2018.

Ariz. Admin. Code § R17-8-604 Off-Highway

A. The Department shall refund under this Article the Arizona motor fuel tax paid on the motor fuel consumed in Arizona while the vehicle is off-highway.

B. A complete application for refund, as prescribed under R17-8-601, shall include the following supporting documentation:

1. System or manual motor fuel log summary by VIN which includes the following:

a. Items under subsection (C)(1)(a), and

b. Mileage consumed off-highway when applicable;

Equipment and vehicle listing which includes year, make, equipment type, VIN or equipment serial number, and gross vehicle weight; and

3. Proof of fuel purchase which may include:

a. Motor fuel invoices,

b. Motor fuel purchase receipts, and

c. Computerized fuel purchase statement.

d. International Fuel Tax Agreement reports.

C. A claimant shall provide the following documentation to the Department for the identified refund types:

1. Refrigeration unit:

a. Fuel log summary consisting of, at a minimum, the following information:

i. Fuel type,

ii. Date fuel dispensed,

iii. Number of gallons dispensed, and

iv. Identification number of equipment or vehicle into which the fuel was dispensed.

b. Equipment or vehicle listing which includes year, make, equipment type, VIN or equipment serial number, and gross vehicle weight.

Power take-off: A motor fuel consumption study under this Section shall be conducted at the claimant's expense, and shall be approved by the Department prior to the initial application for refund, and shall include the following information:

a. A description of the methodology used to determine the percentage of exempt motor fuel consumed by the power take-off;

b. A list of all equipment using motor fuel;

c. All operations where motor fuel is consumed;

d. Testing and study components shall be a true representation of the operation of business as follows:

i. Vehicles shall be grouped into similar categories based on similar power take-off units and similar gross vehicle weight.

ii. Vehicles selected shall be representative of the category as to age, make, model, and engine size.

iii. Each vehicle category shall be tested individually to determine the amount of motor fuel consumed by the power take-off unit.

iv. If a vehicle category contains:

(1) Less than four vehicles, all vehicles must be included in the test study.

(2) Thirty or fewer vehicles, then at least three vehicles must be included in the test sample.

(3) More than 30 and fewer than 151 vehicles, then at least 10 percent of the vehicles must be included in the test sample.

(4) More than 150 vehicles, then at least 15 vehicles must be included in the test sample.

e. Explanation of the measuring method used to determine fuel consumption by vehicles, equipment, and machinery, which shall include manufacturer specifications;

f. Results of a period of a study which shall include a period covering cyclical or seasonal impacts which captures low and high points of fuel usage for exempt or non-exempt purposes;

g. Results from a test or study shall be a duration of at least two weeks; and

h. The approved power take-off percentage may then be used for three years or shall be updated as requested by the Department.

3. Idle time as prescribed under R17-8-605.

History

• New Section made by final rulemaking at 14 A.A.R. 399, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 24 A.A.R. 3501, effective 12/4/2018.

Ariz. Admin. Code § R17-8-605 Idle Time

A. Under the provisions of this Article, the Department shall refund the Arizona motor fuel tax imposed on the motor fuel consumed by a claimant's vehicle while in idle status.

B. A complete application for refund, as prescribed under R17-8-601, shall include the following documentation to verify the quantity of motor fuel consumed by a vehicle while in idle status:

1. Documentation that proves the total quantity of motor fuel purchased by the claimant in Arizona during refund period:

a. An invoice that contains the following information:

i. Date of purchase,

ii. Seller's name,

iii. Physical address where motor fuel was purchased,

iv. Number of gallons of motor fuel purchased,

v. Type of motor fuel purchased, and

vi. Price per gallon of motor fuel.

b. A fuel log shall be maintained that contains the following information:

i. The date that the motor fuel was placed in the fuel tank of a motor vehicle,

ii. The identification number of the equipment or vehicle in which the motor fuel was placed, and

iii. The number of gallons of motor fuel placed in the fuel tank.

c. In lieu of subsections (B)(1)(a) and (b), a licensee may submit a summary of the fuel purchases made by the claimant for the vehicle during the refund period. The summary shall contain the same information required to be on a fuel invoice under subsection (B)(1)(a).

Documentation that proves that the claimant's vehicle was located in Arizona, off-highway, at the time it was in idle status, and the length of time the vehicle was in idle status, using one or more of the following methods:

a. Nonscheduled route:

i. A logbook, approved by the Department, maintained for each vehicle that identifies the date and time when the idle status started, the date and time when the idle status ended, and a physical description of the location of the vehicle during the idle status that establishes that the vehicle was in Arizona, but located off-highway.

ii. The driver shall make an affirmative statement in the driver's daily log that the engine was operating during the idle status and shall prepare the logbook entries simultaneously with the idle status.

iii. The claimant shall retain trip schedules or bills of lading to support the logbook entries.

b. Scheduled route:

i. Published schedule which includes arrival at and departure from fixed locations at prescribed times; or

ii. A record of average wait times recorded in a daily log consisting of arrival at and departure from fixed locations at prescribed times, approved by the Department; and

iii. The claimant shall document that the engine remained running during the scheduled stops.

c. Global Positioning System:

i. A report from a GPS, approved pursuant to subsection (C).

ii. The claimant shall maintain trip schedules or bills of lading to support GPS reports.

Documentation that proves the quantity of motor fuel consumed by the claimant's vehicle while in idle status:

a. The claimant shall document the number of the gallons of motor fuel consumed per hour to maintain idle status by one or more of the following methods:

i. Engine manufacturer's standard specifications that establish the quantity of motor fuel consumed per hour while the vehicle is in idle status.

ii. Computerized system that computes the quantity of motor fuel consumed per hour while in idle status.

iii. A study or test that determines motor fuel consumption per hour while in idle status, prior to the period covered by the refund claim.

b. A study under this Section shall meet the following specifications:

i. The study shall be conducted at the claimant's expense,

ii. The methodology shall be approved by the Department prior to conducting the study under subsection (C),

iii. The fuel consumption characteristics of the vehicles and their operation during the period of the refund shall not vary significantly from the conditions that existed during the study, and

iv. The results of the study shall be approved by the Department prior to the time period covered under the refund claim.

C. The Department shall review and approve the method used and the data captured by a GPS or manual report prior to the initial claim for refund and the report shall include the following components:

1. A description of the methodology used to determine the percentage of exempt use fuel consumption;

2. A list of all equipment consuming use fuel;

3. A description of all of the vehicle operations where use fuel is consumed;

4. Whether vehicles are traveling scheduled routes, and whether seasonal or cyclical events affect use fuel;

5. Testing and study components shall be a true representation of operation of business as follows:

a. Vehicles shall be grouped into similar categories based on similar units and similar gross vehicle weight.

b. Each vehicle category must be tested individually to determine the idle time fuel consumption.

c. Vehicles selected for testing shall be representative of the category as to age, make, model, and engine size.

6. Study components under R17-8-604(C)(2)(d)(iv) ;

7. Explanation of the measuring method used to determine fuel consumption by vehicles, equipment, and machinery, which shall include manufacturer specifications;

8. Study results under this subsection shall include periods covering cyclical or seasonal impacts which captures low and high points of fuel usage for exempt or non-exempt purposes;

9. Results from a test or study shall be of duration of at least two weeks; and

10. The approved idle time study may then be used for three years or shall be updated as requested by the Department.

D. A claimant shall submit technical documentation that details the operating system of any system or manual study used including, but not limited to, the following:

1. Identification of the computer system, including the name of the manufacturer, name of the software, and software version number;

Identification of vehicle engines on which the software will be used by the claimant, including makes, models, years, and fuel types;

3. Description of the methodology used by computer system to determine idle status;

4. Description of the methodology used to determine fuel consumption while in idle status;

5. Description of the methodology used to determine the location of the vehicle during idle status; and

6. Operating policies and procedures for the systems that are used in the claimant's business operations.

E. The claimant shall provide additional supporting documentation if there is any update to the system study for which documentation was initially submitted and approved.

1. A claimant shall submit to the Department an updated study under this Section three years from the date of Department approval or at the Department's request.

2. A study under this Section shall be conducted at the claimant's expense.

3. The methodology used in support of a study under these rules shall be approved by the Department prior to conducting the study under subsection (C).

4. If the Department rejects the results of a study, a claimant may request a hearing under A.R.S. § 28-5924.

History

• New Section made by final rulemaking at 14 A.A.R. 399, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 24 A.A.R. 3501, effective 12/4/2018.

Ariz. Admin. Code § R17-8-606 Tribal Government

A. The Department shall refund the Arizona motor fuel tax imposed on the motor fuel consumed by a vehicle owned or leased to a tribal government under this Article.

B. A complete application for refund, as prescribed under R17-8-601, shall include all of the following supporting documentation for each vehicle:

1. Detailed fuel receipt statement which includes the following purchase information:

a. Date of fuel purchase,

b. Gallonage,

c. Location,

d. Fuel type, and

e. Seller's name and addres;

2. Fuel purchase summary by vehicle which includes documentation under subsection (B)(1);

3. Bulk motor fuel purchase invoice which includes:

a. Gallonage,

b. Delivery location,

c. Fuel type, and

d. Tax rate paid; and

4. If vehicle is leased, a copy of the lease agreement.

C. A vehicle and equipment listing shall be maintained by the tribal government to include year, make, equipment type, VIN or equipment serial number, and gross vehicle weight.

History

• New Section made by final rulemaking at 14 A.A.R. 399, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 24 A.A.R. 3501, effective 12/4/2018.

Ariz. Admin. Code § R17-8-607 Tribal Member

A. Enrolled members of a tribe may make application to the Department, as prescribed under R17-8-601, for a refund of the Arizona motor fuel taxes on fuel purchased on the reservation of the tribe in which the member is enrolled, provided the motor fuel was not used off the reservation for a commercial purpose.

B. A complete application for refund, as prescribed under R17-8-601, shall include the following supporting documentation:

1. Copy of the vehicle registration,

2. Copy of the Tribal member identification card,

3. Receipt of motor fuel purchased on the reservation, and

4. Signed statement certifying motor fuel was used for non-commercial purposes under A.R.S. § 28-5610(A).

History

• New Section made by final rulemaking at 14 A.A.R. 399, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 24 A.A.R. 3501, effective 12/4/2018.

Ariz. Admin. Code § R17-8-608 Transport of Forest Products; Healthy Forest Initiative

A. A claim for refund, pursuant to A.R.S. § 28-5614(B), of the tax on motor fuel used to transport forest products on Arizona highways shall comply with the requirements of R17-8-601.

B. A complete application for refund, as prescribed under R17-8-601, shall include the following supporting documentation:

1. An equipment and vehicle listing which includes year, make, equipment type, VIN or equipment serial number, and gross vehicle weight;

2. Certification letter issued by the Arizona Commerce Authority pursuant to A.R.S. § 41-1516 for the same period of time as the refund claim;

Memorandum of Understanding between the Arizona Commerce Authority and the claimant pursuant to A.R.S. § 41-1516;

4. Individual Project Mileage and Fuel Reports for each project;

Purchase invoices of use fuel; and

5 6. Changes to the Arizona Commerce Authority Certification when applicable.

History

• New Section made by final rulemaking at 14 A.A.R. 399, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 24 A.A.R. 3501, effective 12/4/2018.

Ariz. Admin. Code § R17-8-609 Motor Vehicle Fuel Used in Aircraft

A. A claim for the refund of the tax, pursuant to A.R.S. § 28-5611(A)(2) or non-agricultural purposes under A.R.S. § 28-5611(B), on motor vehicle fuel used to power aircraft shall comply with the requirements of R17-8-601 and subsections (B) and (C) of this Section.

B. A complete application for refund, as prescribed under R17-8-601, shall include the following supporting documentation:

1. Motor fuel log summary by aircraft which includes:

a. Purchase date,

b. Name and location of vendor of fuel to show that Arizona motor fuel tax was included in the purchase price,

c. Gallons dispensed,

d. Fuel type, and

e. Manner consumed;

2. List of aircraft to include, year, make model, and N-number assigned by the Federal Aviation Administration; and

3. Purchase invoice indicating items under subsection (B)(1) and amount of tax paid.

C. Motor vehicle fuel used to power aircraft for agricultural purposes shall, in addition to subsection (B), include a flight log detailing the purpose of use.

History

• New Section made by final rulemaking at 14 A.A.R. 399, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 24 A.A.R. 3501, effective 12/4/2018.

Ariz. Admin. Code § R17-8-610 Motor Fuel Losses Caused by Fire, Theft, Accident, or Contamination

A. A claimant may apply to the Department for a refund of the tax on motor fuel lost due to fire, theft, accident, or contamination.

B. A request for refund pursuant to A.R.S. § 28-5610 or 28-5611 of the tax on motor fuel that is lost due to fire, theft, accident, or contamination shall comply with the requirements of R17-8-601.

C. A complete application for refund, as prescribed under R17-8-601, shall include the following supporting documentation:

1. Signed statements from persons with personal knowledge regarding the facts and circumstances of the loss, including:

a. Date of loss or contamination,

b. Location where the loss or contamination occurred,

c. Detailed explanation regarding the nature of the loss or contamination,

d. Name and contact information of persons who witnessed loss or contamination,

e. Quantity of fuel lost or contaminated, and

f. Disposition of the contaminated fuel.

2. Copies of records that substantiate the date of acquisition and quantity acquired of the fuel lost as well as the fact the Arizona motor fuel tax was paid by the claimant when the fuel was acquired.

History

• New Section made by final rulemaking at 14 A.A.R. 399, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 24 A.A.R. 3501, effective 12/4/2018.

Ariz. Admin. Code § R17-8-611 Bulk Purchase of Use Fuel

A. A request for refund of taxes paid on the bulk purchase of use fuel dispensed into a light class, or exempt use class vehicle, shall be submitted to the Department, as prescribed under R17-8-601(B), on an application provided by the Department.

B. Bulk use fuel shall be purchased and consumed in Arizona to qualify for refund.

C. A complete application for refund, as prescribed under R17-8-601, shall include the following supporting documentation:

1. Invoice that contains the following information:

a. Name and address of vendor,

b. Tax rate,

c. Product type,

d. Delivery date,

e. Quantity of fuel,

f. Invoiced amount, and

g. A statement from the seller of the use fuel that the use fuel is non-dyed use fuel.

2. Fuel usage log which includes the following information:

a. Date fuel dispensed,

b. VIN of vehicle into which fuel was dispensed,

c. Gallons dispensed, and

d. Fuel type.

3. Annual vehicle listing to include make, model, year, VIN, and gross vehicle weight.

History

• New Section made by final rulemaking at 14 A.A.R. 399, effective March 8, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 24 A.A.R. 3501, effective 12/4/2018.