Arizona Secretary of State - Ken Bennett


 
Arizona Secretary of State Logo AZ.gov Arizona's Official Web Site

Supp. 13-4
RULE INTERPRETATION:
The Office of the Secretary of State does not interpret or enforce rules in the Administrative Code. Questions should be directed to the state agency responsible for the promulgation of the rule as provided:
Name: John Lindley
Agency: Department of Transportation
Address: 206 S. 17th Ave., Mail Drop 140A
Phoenix, AZ 85007
Telephone: (602) 712-8804

TITLE 17. TRANSPORTATION

CHAPTER 4. DEPARTMENT OF TRANSPORTATION

TITLE, REGISTRATION, AND DRIVER LICENSES

ARTICLE 1. RESERVED

ARTICLE 2. VEHICLE TITLE

Section

R17-4-201. Definitions

R17-4-202. Certificate of Title Form

R17-4-203. Certificate of Title and Registration Application

R17-4-204. Seller’s Signature Acknowledgement

R17-4-205. Co-ownership and Vehicle Title

R17-4-206. Additional Titling Standards for Vehicles Not Manufactured in Compliance with United States Safety and Emission Standards; “Gray-market Vehicles”

R17-4-207. Lien Filing

R17-4-208. Lien Clearance

R17-4-209. Recodified

R17-4-210. Repealed

App. A. Repealed

R17-4-211. Reserved

R17-4-212. Reserved

R17-4-213. Reserved

R17-4-214. Reserved

R17-4-215. Reserved

R17-4-216. Recodified

R17-4-217. Recodified

R17-4-218. Recodified

App. A. Repealed

R17-4-219. Recodified

R17-4-220. Repealed

R17-4-221. Repealed

R17-4-222. Recodified

R17-4-223. Repealed

R17-4-224. Recodified

R17-4-225. Reserved

R17-4-226. Recodified

App. A. Repealed

R17-4-226.01. Recodified

R17-4-227. Recodified

R17-4-228. Reserved

R17-4-229. Reserved

R17-4-230. Recodified

R17-4-231. Recodified

R17-4-232. Reserved

R17-4-233. Reserved

R17-4-234. Reserved

R17-4-235. Reserved

R17-4-236. Reserved

R17-4-237. Repealed

R17-4-238. Repealed

R17-4-239. Repealed

R17-4-240. Recodified

R17-4-241. Recodified

R17-4-242. Repealed

R17-4-243. Repealed

R17-4-244. Reserved

R17-4-245. Recodified

R17-4-246. Recodified

R17-4-247. Reserved

R17-4-248. Reserved

R17-4-249. Reserved

R17-4-250. Repealed

R17-4-251. Repealed

R17-4-252. Recodified

R17-4-253. Reserved

R17-4-254. Reserved

R17-4-255. Reserved

R17-4-256. Reserved

R17-4-257. Reserved

R17-4-258. Reserved

R17-4-259. Reserved

R17-4-260. Recodified

R17-4-261. Reserved

R17-4-262. Reserved

R17-4-263. Reserved

R17-4-264. Reserved

R17-4-265. Repealed

ARTICLE 3. VEHICLE REGISTRATION

Article 3, consisting of Sections R17-4-301 through R17-4-349, transferred to Title 17, Chapter 1, Article 3, Sections R17-1-301 through R17-1-349 (Supp. 92-4).

Section

R17-4-301. Definitions

R17-4-302. Staggered Registration for Apportioned Commercial Vehicles

R17-4-303. Biennial Registration

R17-4-304. Staggered Registration for Included Vehicles

R17-4-305. Temporary Registration Plate “TRP” Procedure

R17-4-306. Nonresident Daily Commuter Fee

R17-4-307. Motor Vehicle Registration and License Plate Reinstatement Fee

R17-4-308. Official Vehicle License Plates

R17-4-309. Private Fire Emergency Vehicle Permit

App. A. Repealed

R17-4-310. Personalized License Plates

R17-4-311. Special Organization Plate List

R17-4-312. Off-highway Vehicle User Indicia

R17-4-313. Transferred

R17-4-314. Transferred

R17-4-315. Transferred

R17-4-316. Transferred

R17-4-317. Transferred

R17-4-318. Transferred

R17-4-319. Transferred

R17-4-320. Transferred

R17-4-321. Transferred

R17-4-322. Transferred

R17-4-323. Transferred

R17-4-324. Transferred

R17-4-325. Transferred

R17-4-326. Transferred

R17-4-327. Transferred

R17-4-328. Transferred

R17-4-329. Transferred

R17-4-330. Transferred

R17-4-331. Transferred

R17-4-332. Transferred

R17-4-333. Transferred

R17-4-334. Transferred

R17-4-335. Transferred

R17-4-336. Transferred

R17-4-337. Transferred

R17-4-338. Transferred

R17-4-339. Transferred

R17-4-340. Transferred

R17-4-341. Transferred

R17-4-342. Transferred

R17-4-343. Transferred

R17-4-344. Transferred

R17-4-345. Transferred

R17-4-346. Transferred

R17-4-347. Transferred

R17-4-348. Transferred

R17-4-349. Transferred

R17-4-350. Rental Vehicle Surcharge Reimbursement

ARTICLE 4. DRIVER LICENSES

Section

R17-4-401. Definitions

R17-4-402. Restricted Permit During a Financial Responsibility (Accident) Suspension

R17-4-403. Application for Duplicate Driver License or Duplicate Nonoperating Identification License; Fees

R17-4-404. Driver Point Assessment; Traffic Survival Schools

Table 1. Driver Point Valuation

R17-4-405. Emergency expired

R17-4-406. Minor’s Application for Permit or License

R17-4-407. Repealed

R17-4-408. Mandatory Extension of a Certified Ignition Interlock Device Order

App. D. Recodified

R17-4-409. Application for Nonoperating Identification License; Fees

App. B. Recodified

R17-4-410. Voter Registration Through the Motor Vehicle Division

R17-4-411. Special Ignition Interlock Restricted Driver License: Application, Restrictions, Reporting, Fee

App. C. Recodified

App. E. Recodified

R17-4-412. Extension of a Special Ignition Interlock Restricted Driver License: Hearing, Burden of Proof and Presumptions

R17-4-413. Lifetime Disqualification Reinstatement

R17-4-414. Commercial Driver License Applicant Driver History Check; Required Action; Hearing

R17-4-415. Reserved

R17-4-416. Reserved

R17-4-417. Reserved

R17-4-418. Reserved

R17-4-419. Reserved

R17-4-420. Recodified

R17-4-421. Recodified

R17-4-422. Recodified

R17-4-423. Recodified

R17-4-424. Recodified

R17-4-425. Recodified

R17-4-426. Recodified

R17-4-427. Recodified

App. A. Recodified

R17-4-428. Recodified

R17-4-429. Reserved

R17-4-430. Reserved

R17-4-431. Reserved

R17-4-432. Reserved

R17-4-433. Reserved

R17-4-434. Reserved

R17-4-435. Recodified

R17-4-435.01. Recodified

R17-4-435.02. Recodified

R17-4-435.03. Recodified

R17-4-435.04. Recodified

R17-4-435.05. Recodified

R17-4-435.06. Recodified

R17-4-436. Recodified

R17-4-437. Emergency Expired

R17-4-437.01. Emergency Expired

R17-4-437.02. Emergency Expired

R17-4-437.03. Emergency Expired

App. A. Emergency Expired

R17-4-437.04 Emergency Expired

R17-4-438. Recodified

R17-4-439. Recodified

R17-4-440. Recodified

R17-4-441. Reserved

R17-4-442. Reserved

R17-4-443. Reserved

R17-4-444. Repealed

R17-4-445. Recodified

R17-4-446. Recodified

R17-4-447. Recodified

R17-4-448. Recodified

R17-4-449. Reserved

R17-4-450. Repealed

R17-4-451. Repealed

R17-4-452. Repealed

R17-4-453. Repealed

R17-4-454. Repealed

R17-4-455. Repealed

R17-4-456. Repealed

R17-4-457. Repealed

R17-4-458. Repealed

R17-4-459. Repealed

R17-4-460. Repealed

R17-4-461. Repealed

R17-4-462. Repealed

R17-4-463. Repealed

R17-4-464. Repealed

R17-4-465. Repealed

R17-4-466. Repealed

R17-4-467. Repealed

ARTICLE 5. SAFETY

Section

R17-4-501. Definitions

R17-4-502. General Provisions for Visual, Physical, and Psychological Ability to Operate a Motor Vehicle Safely

Exhibit A. Repealed

R17-4-503. Vision standards

R17-4-504. Medical Alert Conditions

R17-4-505. Repealed

R17-4-506. Neurological Standards

R17-4-507. Driver License Identification Number

R17-4-508. Commercial Driver License Physical Qualifications

R17-4-509. Repealed

R17-4-510. Motorcycle noise level limits

R17-4-511. Repealed

R17-4-512. Child-restraint Systems in Motor Vehicles

R17-4-513. Emergency expired

R17-4-514. Emergency expired

R17-4-515. Reserved

R17-4-516. Reserved

R17-4-517. Reserved

R17-4-518. Reserved

R17-4-519. Reserved

R17-4-520. Recodified

R17-4-521. Recodified

R17-4-522. Recodified

ARTICLE 6. SCHOOL BUS STANDARDS

Editor’s Note: Sections R17-4-606, R17-4-607 and its Appendix A and Appendices A and B were repealed under a Notice of Proposed Summary Rulemaking in Supp. 96-1. R17-4-612 was amended under the same Notice of Proposed Summary Rulemaking at 2 A.A.R. 1486. The Office did not receive a Notice of Final Summary Rulemaking on these Sections (Editor’s Note added Supp. 10-2).

Section

R17-4-601. Reserved

R17-4-602. Reserved

R17-4-603. Reserved

R17-4-604. Reserved

R17-4-605. Reserved

R17-4-606. Repealed

R17-4-607. Repealed

App. A. Repealed

R17-4-608. Expired

R17-4-609. Expired

R17-4-610. Expired

R17-4-611. Expired

R17-4-612. Expired

App. A. Repealed

App. B. Repealed

ARTICLE 7. HAZARDOUS MATERIALS ENDORSEMENT

Section

R17-4-701. Definitions

App. A. Recodified

R17-4-702. Scope

R17-4-703. General Provisions

R17-4-704. Requirements for an HME

R17-4-705. Required Testing

R17-4-706. Fees

R17-4-707. 60-Day Notice to Apply

R17-4-708. Security Threat Assessment

R17-4-709. Determination of Security Threat

R17-4-709.01. Recodified

R17-4-709.02. Recodified

R17-4-709.03. Recodified

R17-4-709.04. Recodified

R17-4-709.05. Recodified

R17-4-709.06. Recodified

Appendix A. Recodified

Appendix B. Recodified

Appendix C. Recodified

R17-4-709.07. Recodified

R17-4-709.08. Recodified

R17-4-709.09. Recodified

Exhibit A. Recodified

Exhibit B. Recodified

R17-4-709.10 Recodified

R17-4-710. Requests for Administrative Hearing

R17-4-711. HME on CDL Learner’s Permit

R17-4-712. Transfer Applicants

Table A. Recodified

ARTICLE 8. MOTOR VEHICLE RECORDS

Section

R17-4-801. Definitions

R17-4-802. Motor Vehicle Record Request

R17-4-803. Reserved

R17-4-804. Repealed

R17-4-805 Recodified

R17-4-806. Recodified

R17-4-807. Recodified

R17-4-808. Recodified

ARTICLE 9. RESERVED

Section

R17-4-901. Recodified

R17-4-902. Recodified

R17-4-903. Recodified

R17-4-904. Recodified

R17-4-905. Recodified

R17-4-906. Recodified

R17-4-907. Recodified

R17-4-908. Recodified

R17-4-909. Recodified

R17-4-910. Recodified

R17-4-911. Recodified

R17-4-912. Recodified

R17-4-913. Recodified

R17-4-914. Repealed

ARTICLE 1. RESERVED

ARTICLE 2. VEHICLE TITLE

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.

Historical Note

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).

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.

3. 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.

Historical Note

New Section recodified from R17-4-204 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

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.

3. 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:

1. Applicant’s birth date;

2. 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.

Historical Note

New Section recodified from R17-4-205 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

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.

Historical Note

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).

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.

1. 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).

Historical Note

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).

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).

Historical Note

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).

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.

Historical Note

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).

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.

Historical Note

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).

R17-4-209. Recodified

Historical Note

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).

R17-4-210. Repealed

Historical Note

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).

Appendix A. Repealed

Historical Note

Adopted effective July 30, 1992 (Supp. 92-3). Appendix A 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 Appendix A went back into effect November 26, 1998; Appendix A 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).

R17-4-211. Reserved

R17-4-212. Reserved

R17-4-213. Reserved

R17-4-214. Reserved

R17-4-215. Reserved

R17-4-216. Recodified

Historical Note

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).

R17-4-217. Recodified

Historical Note

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).

R17-4-218. Recodified

Historical Note

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).

R17-4-219. Recodified

Historical Note

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).

R17-4-220. Repealed

Historical Note

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).

R17-4-221. Repealed

Historical Note

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).

R17-4-222. Recodified

Historical Note

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).

R17-4-223. Repealed

Historical Note

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).

R17-4-224. Recodified

Historical Note

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).

R17-4-225. Reserved

R17-4-226. Recodified

Historical Note

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).

Appendix A. Repealed

Historical Note

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 effective February 1, 1993 (Supp. 93-3). Amended by final rulemaking at 5 A.A.R. 702, effective February 10, 1999 (Supp. 99-1). Appendix repealed effective August 1, 1999 pursuant to R17-4-226(C) (Supp. 00-2).

R17-4-226.01. Recodified

Historical Note

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).

R17-4-227. Recodified

Historical Note

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).

R17-4-228. Reserved

R17-4-229. Reserved

R17-4-230. Recodified

Historical Note

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).

R17-4-231. Recodified

Historical Note

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).

R17-4-232. Reserved

R17-4-233. Reserved

R17-4-234. Reserved

R17-4-235. Reserved

R17-4-236. Reserved

R17-4-237. Repealed

Historical Note

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).

R17-4-238. Repealed

Historical Note

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).

R17-4-239. Repealed

Historical Note

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).

R17-4-240. Recodified

Historical Note

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).

R17-4-241. Recodified

Historical Note

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).

R17-4-242. Repealed

Historical Note

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).

R17-4-243. Repealed

Historical Note

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).

R17-4-244. Reserved

R17-4-245. Recodified

Historical Note

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).

R17-4-246. Recodified

Historical Note

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).

R17-4-247. Reserved

R17-4-248. Reserved

R17-4-249. Reserved

R17-4-250. Repealed

Historical Note

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).

R17-4-251. Repealed

Historical Note

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).

R17-4-252. Recodified

Historical Note

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).

R17-4-253. Reserved

R17-4-254. Reserved

R17-4-255. Reserved

R17-4-256. Reserved

R17-4-257. Reserved

R17-4-258. Reserved

R17-4-259. Reserved

R17-4-260. Recodified

Historical Note

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).

R17-4-261. Reserved

R17-4-262. Reserved

R17-4-263. Reserved

R17-4-264. Reserved

R17-4-265. Repealed

Historical Note

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

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.

Historical Note

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).

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.

Historical Note

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).

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.

Historical Note

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).

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.

2. 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

5. 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.

Historical Note

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).

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.

Historical Note

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).

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.

Historical Note

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).

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.

Historical Note

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).

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.

Historical Note

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).

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.

4. 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.

Historical Note

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).

Appendix A. Repealed

Historical Note

Appendix A recodified from 17 A.A.C. 4, Article 7 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Appendix A repealed by final rulemaking at 14 A.A.R. 2106, effective July 5, 2008 (Supp. 08-2).

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:

1. Refers to or connotes breasts, genitalia, pubic area, buttocks, or relates to sexual or eliminatory functions;

2. 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.

Historical Note

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).

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,

2. Firefighter,

3. Fraternal Order of Police,

4. Legion of Valor,

5. University of Phoenix, and

6. Wildlife Conservation.

Historical Note

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).

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.

Historical Note

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).

R17-4-313. Transferred

Historical Note

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).

R17-4-314. Transferred

Historical Note

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).

R17-4-315. Transferred

Historical Note

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).

R17-4-316. Transferred

Historical Note

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).

R17-4-317. Transferred

Historical Note

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).

R17-4-318. Transferred

Historical Note

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).

R17-4-319. Transferred

Historical Note

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).

R17-4-320. Transferred

Historical Note

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).

R17-4-321. Transferred

Historical Note

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).

R17-4-322. Transferred

Historical Note

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).

R17-4-323. Transferred

Historical Note

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).

R17-4-324. Transferred

Historical Note

Transferred to R17-1-301 (Supp. 92-4).

R17-4-325. Transferred

Historical Note

Transferred to R17-1-301 (Supp. 92-4).

R17-4-326. Transferred

Historical Note

Transferred to R17-1-301 (Supp. 92-4).

R17-4-327. Transferred

Historical Note

Transferred to R17-1-301 (Supp. 92-4).

R17-4-328. Transferred

Historical Note

Transferred to R17-1-301 (Supp. 92-4).

R17-4-329. Transferred

Historical Note

Transferred to R17-1-301 (Supp. 92-4).

R17-4-330. Transferred

Historical Note

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).

R17-4-331. Transferred

Historical Note

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).

R17-4-332. Transferred

Historical Note

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).

R17-4-333. Transferred

Historical Note

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).

R17-4-334. Transferred

Historical Note

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).

R17-4-335. Transferred

Historical Note

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).

R17-4-336. Transferred

Historical Note

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).

R17-4-337. Transferred

Historical Note

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).

R17-4-338. Transferred

Historical Note

Transferred to R17-1-338 (Supp. 92-4).

R17-4-339. Transferred

Historical Note

Transferred to R17-1-339 (Supp. 92-4).

R17-4-340. Transferred

Historical Note

Transferred to R17-1-340 (Supp. 92-4).

R17-4-341. Transferred

Historical Note

Transferred to R17-1-341 (Supp. 92-4).

R17-4-342. Transferred

Historical Note

Transferred to R17-1-342 (Supp. 92-4).

R17-4-343. Transferred

Historical Note

Transferred to R17-1-343 (Supp. 92-4).

R17-4-344. Transferred

Historical Note

Transferred to R17-1-344 (Supp. 92-4).

R17-4-345. Transferred

Historical Note

Transferred to R17-1-345 (Supp. 92-4).

R17-4-346. Transferred

Historical Note

Adopted effective October 8, 1987 (Supp. 87-4). Transferred to R17-1-346 (Supp. 92-4).

R17-4-347. Transferred

Historical Note

Adopted effective October 8, 1987 (Supp. 87-4). Transferred to R17-1-347 (Supp. 92-4).

R17-4-348. Transferred

Historical Note

Adopted effective October 8, 1987 (Supp. 87-4). Transferred to R17-1-348 (Supp. 92-4).

R17-4-349. Transferred

Historical Note

Adopted effective October 8, 1987 (Supp. 87-4). Transferred to R17-1-349 (Supp. 92-4).

R17-4-350. Rental Vehicle Surcharge Reimbursement

A. Definitions. In addition to the definitions prescribed under A.R.S. § 28-5810, the following definitions apply to this Section, unless otherwise specified:

“Division” means the Arizona Department of Transportation, Motor Vehicle Division.

“Person “means an individual, firm, partnership, joint venture, association, corporation, 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 and Title 48, Chapter 26, Article 2 and selected non-vehicle related charges (e.g., boxes, packing blankets, straps, tow bars, etc.).

“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 and Title 48, Chapter 26, Article 2 and selected non-vehicle related items (e.g., boxes, packing blankets, straps, tow bars, etc.).

“Vehicle License Tax” means the tax imposed by A.R.S. § 28-5801, less any fees 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 Division. 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 Division and shall contain all of the following:

1. Address where business records are secured.

2. Authorized preparer's name, title, phone number, and mailing address.

3. Business name.

4. Business type (e.g., Individual, Partnership, Corporation, etc.).

5. Contact person's name, title, phone number, and mailing address.

6. Federal Employer Identification Number (FEIN)

7. Mailing address (if different from principal business address).

8. Principal business address.

9. Rental revenue, by county.

10. Total Arizona Vehicle License Tax paid on rental vehicles.

11. Total rental revenue.

12. Total surcharge collected.

13. Total surcharge due to the Division.

14. Type of rental business (e.g., passenger vehicle, semitrailer, trailer, truck, etc.).

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 from 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 shall include, but are not limited to:

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 fee credited under A.R.S. § 28-2356.

e. The date on which the Vehicle License Tax was paid.

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, but are not limited to:

a. The rental contract.

b. The amount of surcharge collected.

c. Chart of accounts.

3. The amount of the surcharge collected during the pervious year. Supporting surcharge collection records shall include, but are not limited to:

a. The rental contract.

b. The total amount stated in the rental contract, supported by relevant documentation.

4. Failure to keep and maintain proper records or failure to provide records for audit purposes may result in an the Division 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 assistant Director.

D. Audits. Each audit of a person who collects the surcharge will be conducted in accordance with Generally Accepted Accounting Procedures and Government Auditing Standards (The Yellow Book, 2003 Revision).

1. Records shall be made available for audit during normal business hours at the rental business location in Arizona. Audits may be conducted at an out of state location, to be paid by the rental business. Audit expenses, per diem, and travel to be paid in accordance with the Arizona Department of Transportation expense guidelines in effect at the time of the audit.

2. The Division Director shall have appropriate subpoena powers to require records to be produced for examination and to take testimony. In accordance with A.R.S. § 28-5922, failure to respond to the Director's or agent of the Director's request for records will cause the Director to issue subpoenas for the production of records or allow seizure of records.

Historical Note

New Section made by final rulemaking at 13 A.A.R. 2058, effective August 4, 2007 (Supp. 07-2).

ARTICLE 4. DRIVER LICENSES

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:

“Director” means the Division Director or the Division Director’s designee.

“Division” means the Arizona Department of Transportation, Motor Vehicle Division.

“Financial responsibility (accident) suspension” means a suspension, by the Division, 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 Division 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 Division 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 Division 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 Division 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.

Historical Note

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).

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.

Historical Note

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).

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.

Historical Note

New Section made by final rulemaking at 16 A.A.R. 2448, effective February 5, 2011 (Supp. 10-4).

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 twelve-month 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:

1. 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.

Historical Note

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 final rulemaking at 19 A.A.R. 3897, effective January 4, 2014 (Supp. 13-4).

Table 1. Driver Point Valuation

Violation

Points

A.R.S. § 28-1381, driving or actual physical control of a vehicle while under the influence.

8

A.R.S. § 28-1382, driving or actual physical control of a vehicle while under the extreme influence of intoxicating liquor.

8

A.R.S. § 28-1383, aggravated driving or actual physical control while under the influence.

8

A.R.S. § 28-693, reckless driving.

8

A.R.S. § 28-708, racing on highways.

8

A.R.S. § 28-695, aggressive driving.

8

A.R.S. §§ 28-662, 28-663, 28-664, or 28-665, relating to a driver’s duties after an accident.

6

A.R.S. § 28-672(A), failure to comply with a red traffic-control signal, failure to yield the right of way when turning left at an intersection, failure to yield the right of way to a pedestrian, failure to exercise due care, failure to stop for a school bus stop signal, or failure to comply with a stop sign, and the failure results in an accident causing death to another person.

6

A.R.S. § 28-672(A), failure to comply with a red traffic-control signal, failure to yield the right of way when turning left at an intersection, failure to yield the right of way to a pedestrian, failure to exercise due care, failure to stop for a school bus stop signal, or failure to comply with a stop sign, and the failure results in an accident causing serious physical injury to another person.

4

A.R.S. § 28-701, reasonable and prudent speed.

3

A.R.S. § 28-644(A)(2), driving over, across, or parking in any part of a gore area.

3

Any other traffic regulation that governs a vehicle moving under its own power.

2

Historical Note

New Table 1 made by final rulemaking at 14 A.A.R. 839, effective March 4, 2008 (Supp. 08-1).

R17-4-405. Emergency expired

Historical Note

Emergency rule adopted effective August 6, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Emergency expired.

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.

Historical Note

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).

R17-4-407. Repealed

Historical Note

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).

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.

Historical Note

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).

R17-4-409. Application for Nonoperating Identification License; Fees

A. An applicant shall apply to the Division, on a form provided by the Division, for a nonoperating identification license, and shall comply with the requirements under A.R.S. § 28-3165.

B. Satisfactory proof of an applicant’s name and date of birth may be established by any of the following:

1. Birth certificate,

2. Citizenship papers,

3. Passport,

4. School identification,

5. Military discharge papers, or

6. Military I.D. card.

C. An applicant shall pay a $12 fee for a nonoperating identification license.

Historical Note

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).

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.

Historical Note

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).

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.

Historical Note

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).

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.

Historical Note

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).

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.

Historical Note

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).

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.

Historical Note

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).

R17-4-415. Reserved

R17-4-416. Reserved

R17-4-417. Reserved

R17-4-418. Reserved

R17-4-419. Reserved

R17-4-420. Recodified

Historical Note

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).

R17-4-421. Recodified

Historical Note

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).

R17-4-422. Recodified

Historical Note

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).

R17-4-423. Recodified

Historical Note

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).

R17-4-424. Recodified

Historical Note

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).

R17-4-425. Recodified

Historical Note

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).

R17-4-426. Recodified

Historical Note

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).

R17-4-427. Recodified

Historical Note

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).

R17-4-428. Recodified

Historical Note

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).

R17-4-429. Reserved

R17-4-430. Reserved

R17-4-431. Reserved

R17-4-432. Reserved

R17-4-433. Reserved

R17-4-434. Reserved

R17-4-435. Recodified

Historical Note

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).

R17-4-435.01. Recodified

Historical Note

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).

R17-4-435.02. Recodified

Historical Note

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).

R17-4-435.03. Recodified

Historical Note

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).

R17-4-435.04. Recodified

Historical Note

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).

R17-4-435.05. Recodified

Historical Note

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).

R17-4-435.06. Recodified

Historical Note

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).

R17-4-436. Recodified

Historical Note

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).

R17-4-437. Emergency Expired

Historical Note

Emergency rule adopted effective April 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

R17-4-437.01. Emergency Expired

Historical Note

Emergency rule adopted effective April 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

R17-4-437.02. Emergency Expired

Historical Note

Emergency rule adopted effective April 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

R17-4-437.03. Emergency Expired

Historical Note

Emergency rule adopted effective April 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

Appendix A. Emergency Expired

Historical Note

Emergency rule adopted effective April 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

R17-4-437.04. Emergency Expired

Historical Note

Emergency rule adopted effective April 9, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

R17-4-438. Recodified

Historical Note

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).

R17-4-439. Recodified

Historical Note

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).

R17-4-440. Recodified

Historical Note

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).

R17-4-441. Reserved

R17-4-442. Reserved

R17-4-443. Reserved

R17-4-444. Repealed

Historical Note

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).

R17-4-445. Recodified

Historical Note

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).

R17-4-446. Recodified

Historical Note

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).

R17-4-447. Recodified

Historical Note

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).

R17-4-448. Recodified

Historical Note

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).

R17-4-449. Reserved

R17-4-450. Repealed

Historical Note

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).

R17-4-451. Repealed

Historical Note

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).

R17-4-452. Repealed

Historical Note

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).

R17-4-453. Repealed

Historical Note

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).

R17-4-454. Repealed

Historical Note

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).

R17-4-455. Repealed

Historical Note

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).

R17-4-456. Repealed

Historical Note

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).

R17-4-457. Repealed

Historical Note

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).

R17-4-458. Repealed

Historical Note

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).

R17-4-459. Repealed

Historical Note

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).

R17-4-460. Repealed

Historical Note

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).

R17-4-461. Repealed

Historical Note

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).

R17-4-462. Repealed

Historical Note

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).

R17-4-463. Repealed

Historical Note

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).

R17-4-464. Repealed

Historical Note

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).

R17-4-465. Repealed

Historical Note

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).

R17-4-466. Repealed

Historical Note

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).

R17-4-467. Repealed

Historical Note

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

R17-4-501. Definitions

In addition to the definitions provided under A.R.S. §§ 28-101, 28-3001, 28-3005, and 32-1601, 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” or “licensee” means a person:

Applying for an Arizona driver license or driver license renewal, or

Required by the Division to complete an examination successfully or to obtain an evaluation.

“Application” means the Division form required to be completed by or for an applicant for a driver license or driver license renewal.

“Arizona Driver License Manual” or “manual” means the reference booklet for applicants, issued by the Division, containing non-technical explanations of the Arizona motor vehicle laws.

“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 R17-5-202 and R17-5-204.

“Director” means the Division Director or the Division Director’s designee.

“Disqualifying medical condition” means a visual, physical, or psychological condition, including substance abuse, that impairs functional ability.

“Division” means the Arizona Department of Transportation, Motor Vehicle Division.

“Evaluation” means a medical assessment of an applicant or licensee by a specialist as defined below 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.

“Identification number” means a distinguishing number assigned by the Division to a person for a license or instruction permit.

“Licensee” means a person issued a driver license by this state.

“Licensing action” means an action by the Division to:

Issue, deny, suspend, revoke, cancel, or restrict a driver license; or

Require an examination or evaluation of an applicant or licensee.

“Medical 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, 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 controlled substance in a manner that makes the user a drug dependent person as defined in A.R.S. § 36-2501.

“Substance abuse counselor” is defined in A.R.S. § 28-3005.

“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.

Historical Note

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).

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. Screening process for safe operation of a motor vehicle. This subsection and subsections (C) through subsection (E) state the 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, who successfully completes all required examinations, shall obtain an evaluation if:

a. The Division 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 (C)(1)(a), subsection (C)(1)(c), or subsection (C)(1)(d).

3. An applicant for license renewal shall successfully complete an examination if the applicant’s responses to the medical screening questions indicate that since the applicant’s last driver license renewal:

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 an applicant’s medical condition allows, the applicant shall notify the Division, in writing or by telephone, that the applicant has or may have a medical condition not previously reported to the Division that affects the applicant’s functional ability.

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. Evaluation, interview, and additional evaluation. An applicant or licensee shall submit to an evaluation, attend an interview, or submit to an additional evaluation as required by the Division.

1. The Division shall require an evaluation if the Director 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 Division personnel; or

d. A person with direct knowledge submits to the Division 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, to the Division’s Medical Review Program, an evaluation report on a form provided by the Division.

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. 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. Licensing action. The Division shall take a licensing action after requiring an applicant or licensee to complete an examination successfully, obtain an evaluation and submit an evaluation report, or appear at an interview.

1. The Division shall deny a driver license if an applicant:

a. Fails to complete successfully an examination; or

b. Fails to:

i. Obtain an evaluation;

ii. Have a physician, appropriate specialist, or certified substance abuse counselor submit an evaluation report to the Division within 30 days after the Division 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 Division shall summarily suspend a licensee’s driver license under A.R.S. §§ 28-3306 and 41-1064 for a reason stated in subsection (D)(1).

3. The Division shall issue a revocation notice with a notice of summary suspension. The revocation notice shall inform the licensee that:

a. Unless the Division receives the licensee’s timely hearing request under subsection (F), the revocation becomes effective:

i. Fifteen days after the date the licensee is personally served with the notice; or

ii. Twenty days after the date the notice is mailed to the licensee.

b. A person 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 Division shall issue a driver license to an applicant or shall not suspend or revoke a licensee’s driver license if:

a. The applicant or licensee successfully completes all required examinations and the Division 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. Driver license restrictions. If an applicant or licensee uses an adaptation, including those listed below to demonstrate functional ability during an examination, the Division 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, and

16. Adapted seat.

F. Hearings. This subsection states the hearing procedure for licensing actions taken by the Division after the screening process for safe operation of a motor vehicle.

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. The Division shall not release information required to be submitted to the Division under this Section by an applicant or licensee except to a person or entity qualified under A.R.S. § 28-455.

Historical Note

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).

Exhibit A. Repealed

Historical Note

New Exhibit made by final rulemaking at 8 A.A.R. 3241, effective July 12, 2002 (Supp. 02-3). Section repealed by final rulemaking at 13 A.A.R. 1127, effective May 5, 2007 (Supp. 07-1).

R17-4-503. Vision standards

A. Definitions.

1. “Binocular vision” means the ability to see in both eyes.

2. “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.

3. “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. “Impaired night vision” means below normal ability to see in reduced light.

8. “Monocular vision” means the ability to see in one eye only.

9. “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. “Retinitis pigmentosa” means a chronic progressive inflammation of the retina with atrophy and pigmentary infiltration of the inner layers of the retina.

11. “Snellen Chart” means a chart imprinted with lines of black letters of decreasing size for testing visual acuity.

12. “Visual acuity” means the clarity of a person’s vision.

B. Standard.

1. Visual acuity. A person shall have binocular or monocular vision and visual acuity of 20/40 in at least one eye.

2. Field of vision. Field of vision shall be 70 degrees temporally, and 35 degrees 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 Division shall restrict a person with diagnosed impaired night vision to daytime driving only.

3. The Division 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 Division, a physician, or an optometrist may administer visual acuity and field of vision screening through the use of visual screening equipment to determine if a person’s visual acuity and field of vision meets minimum standards.

2. A person may use a bioptic telescopic lens system during vision screening.

a. Beginning on the date of a initial application and every year thereafter, a person using a bioptic telescopic lens system shall submit to the Division an annual exam performed by a physician or optometrist to ascertain whether the person has a progressive eye disease.

b. The Division shall not license a person using a bioptic telescopic lens system unless the person submits to the Division a written statement from a physician or an optometrist that the individual meets the visual acuity standard as prescribed in subsection (B).

c. The Division 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 Division.

2. If the Division does initial visual acuity and visual field screening and the person does not meet vision standards of subsection (B), the Division shall require the person to submit the results of the person’s visual acuity and vision field screening by a physician or an optometrist.

3. The Division 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 shall contain the following.

1. An examination date no more than three months before the submission date to the Division;

2. Visual acuity and field of vision;

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 Division;

6. Suggested restrictions on driving, in addition to those required by the Division; and

7. Any recommendations on the person’s ability to safely operate a motor vehicle.

G. The Division shall require a driving test if a person’s eye disease is determined by a physician or optometrist to be progressive.

Historical Note

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).

R17-4-504. Medical Alert Conditions

A. Definition. In this Section, “license” means any class driver license, commercial driver license, non-operating identification license, or instruction permit.

B. Medical alert condition displayed on license. The Division 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 Division will not maintain the medical alert code on the Division 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 Division to maintain the medical code in the Division computer.

Historical Note

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).

R17-4-505. Repealed

Historical Note

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).

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 a medical examination as provided in R17-4-502.

2. After the medical examination under R17-4-502, the person or the person’s physician shall submit the medical examination report to the Division.

3. The Division 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 non-resident driving privileges who experiences a seizure shall cease driving and:

a. Undergo a medical examination as provided in R17-4-502;

b. Submit the medical examination report to the Division; and

c. Undergo a follow-up medical examination within one year after the seizure or within a shorter time, as recommended by a physician.

2. After each medical examination, the person or the person’s physician shall submit the applicable medical examination report to the Division.

3. The Division shall revoke a person’s driver license or nonresident driver 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;

2. 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.

Historical Note

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).

R17-4-507. Driver License Identification Number

A. The Division shall assign an identification number to each person who receives a driver license, nonoperating identification license, or instruction permit. The Division shall place a person’s identification number on the person’s license, nonoperating identification, or instruction permit.

B. The Division shall not use a person’s Social Security Number as the person’s identification number unless:

1. The person’s current driver license or nonoperating identification license has a Social Security Number as the identification number, or

2. The person requests that the person’s Social Security Number be used as the identification number.

Historical Note

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).

R17-4-508. Commercial Driver License Physical Qualifications

A. Requirements.

1. A Commercial Driver License applicant shall submit to the Division a U.S. Department of Transportation medical examination form completed as prescribed under 49 CFR 391.43:

a. Except as provided in subsection (A)(1)(c) of this Section, by a professional licensed to practice by the federal government, any state, or U.S. territory with one of the following credentials:

i. Medical Doctor,

ii. Doctor of Osteopathy,

iii. Doctor of Chiropractic,

iv. Nurse Practitioner, or

v. Physician Assistant, and

b. Upon the applicant’s initial application and at the time of each 24-month renewal.

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 391.43(b)(10).

2. As prescribed under 49 CFR 391.41(a), a licensee who possesses a Commercial Driver License shall keep an original or photographic copy of the licensee’s current medical examination form required under subsection (A)(1) available for law enforcement inspection upon request.

3. A licensee who possesses a Commercial Driver License shall notify the Division of a physical condition that develops or worsens causing noncompliance with the Commercial Driver License physical qualifications as soon as the licensee’s medical condition allows.

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 Division shall simultaneously mail two notices within 15 days after a medical examination form’s due or actual submission 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 examination form required under subsection (A)(1) shows that the applicant does not comply with the Commercial Driver License physical qualifications, the Division shall immediately mail the Commercial Driver License denial notification to the applicant’s address of record.

2. Twenty-four month renewal suspension and revocation. If a renewing Commercial Driver licensee submits:

a. No medical examination form required under subsection (A)(1) or a form indicating noncompliance with Commercial Driver License physical qualifications, the Division shall follow the suspension and revocation notification procedure prescribed under subsection (B).

b. An incomplete medical examination form required under subsection (A)(1), the Division shall immediately return the incomplete form with a letter requesting that the licensee provide missing information to the Division within 45 days after the date of the Division’s letter. The Division shall follow the suspension and revocation notification procedure prescribed under subsection (B) if the licensee fails to return requested information in the time-frame prescribed in this subsection.

c. A medical examination form required under subsection (A)(1) that indicates the licensee’s blood pressure is greater than 140 systolic or 90 diastolic, the Division shall mail notice to the licensee requiring three additional blood pressure evaluations:

i. Made on three different days,

ii. Performed by a qualified professional as prescribed under subsection (A)(1)(a), and

iii. Returned to the Division within 90 days after the Division’s written notification. The Division shall follow the suspension and revocation notification procedure prescribed under subsection (B) if the licensee fails to return requested information prescribed under this subsection.

d. A medical examination form required under subsection (A)(1) that indicates the licensee’s blood pressure is greater than 180 systolic or 110 diastolic, the Division shall follow the suspension and revocation notification procedure prescribed under subsection (B).

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 original-application written, vision, and demonstration-skill testing and submitting the medical examination form prescribed under subsection (A)(1).

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 according to the procedure prescribed under 17 A.A.C. 1, Article 5. The hearing is held in accordance with the procedures prescribed under A.A.C. R17-1-501 through R17-1-511 and R17-1-513.

Historical Note

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).

R17-4-509. Repealed

Historical Note

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).

R17-4-510. Motorcycle noise level limits

A. No person shall operate any motorcycle on the streets or highways of the state of Arizona at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the following noise limits. For the purpose of this Section, “dBA” shall mean “A” weighted decibel, a sound level measurement unit.

Model year of motorcycle

Speed limit of 35 m.p.h. or less

Speed limit of more than 35 m.p.h. and less than or equal to 45 m.p.h.

Speed limit of more than 45 m.p.h.

Before 1972

84 dBA

88 dBA

88 dBA

1972-1980

79 dBA

82 dBA

86 dBA

After 1980

76 dBA

80 dBA

83 dBA

B. The noise limits established by this Section shall be based on measurements taken at a distance of 50 feet from the center of the lane of travel within the specified speed limit. Noise measurements can be made at distances other than 50 feet from the center of the lane of travel. In such cases, the measurement shall be corrected to what it would be at the standard distance of 50 feet, for comparison with the standard.

C. For speed zones of 35 miles per hour or less, notwithstanding the provisions stated above, measurement shall not be made within 200 feet of any intersection controlled by an official traffic device or within 20 feet of the beginning or end of any grade in excess of plus or minus 1%. Measurements shall be made when it is reasonable to assume that the vehicle flow is at a constant rate of speed and measurement shall not be made under congested traffic conditions which require notice able acceleration or deceleration.

Historical Note

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).

R17-4-511. Repealed

Historical Note

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).

R17-4-512. Child-restraint Systems in Motor Vehicles

The Motor Vehicle Division incorporates 49 CFR 571.213, Federal Motor Vehicle Safety Standard number 213 of the October 1, 2003, edition and no later amendments or editions. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-0001, and is on file with the Division.

Historical Note

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).

R17-4-513. Emergency expired

Historical Note

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.

R17-4-514. Emergency expired

Historical Note

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.

R17-4-515. Reserved

R17-4-516. Reserved

R17-4-517. Reserved

R17-4-518. Reserved

R17-4-519. Reserved

R17-4-520. Recodified

Historical Note

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).

R17-4-521. Recodified

Historical Note

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).

R17-4-522. Recodified

Historical Note

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. SCHOOL BUS STANDARDS

R17-4-601. Reserved

R17-4-602. Reserved

R17-4-603. Reserved

R17-4-604. Reserved

R17-4-605. Reserved

R17-4-606. Repealed

Historical Note

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).

R17-4-607. Repealed

Historical Note

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).

R17-4-608. Expired

Historical Note

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).

R17-4-609. Expired

Historical Note

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).

R17-4-610. Expired

Historical Note

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).

R17-4-611. Expired

Historical Note

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).

R17-4-612. Expired

Historical Note

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

R17-4-701. Definitions

In addition to the definitions contained in 49 CFR 1572.3, the following words and phrases apply to this Article:

1. “Applicant” means an individual who applies to obtain an original or renewal HME.

2. “CDL” means Commercial Driver License.

3. “HME” means Hazardous Materials Endorsement.

4. “Transfer applicant” means an individual with an existing HME issued by another state, applying to the state of Arizona for an HME.

5. “TSA” means the U.S. Transportation Security Administration.

6. “Security Threat Assessment” means a check by TSA that includes a fingerprint-based criminal history records check, an intelligence-related background check, and final disposition.

Historical Note

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).

Appendix A. Recodified

Historical Note

Adopted effective February 1, 1994 (Supp. 94-1). Appendix recodified to 17 A.A.C. 4, Article 3 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3).

R17-4-702. Scope

This Article applies to commercial drivers who are applying for an original HME or to renew or transfer an existing HME, in accordance with 49 CFR Part 1572 (November 24, 2004) incorporated by reference, on file with the Arizona Department of Transportation and available from the U.S. Government Printing Office’s web page at www.gpo.gov. This incorporation by reference contains no future additions or amendments.

Historical Note

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).

R17-4-703. General Provisions

A. An applicant for an HME shall comply with the provisions of 49 CFR 1572 (November 24, 2004), incorporated under R17-4-702 and A.R.S. § 28-3103.

B. The Division shall not issue or renew an HME unless the Division receives a determination of No Security Threat from TSA.

Historical Note

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).

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.

Historical Note

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).

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 with an existing HME shall be required to comply with HME knowledge test requirements under A.R.S. § 28-3223, and pay applicable fee under R17-4-706.

Historical Note

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).

R17-4-706. Fees

All applicable fees shall be paid as prescribed by:

1. TSA for a Security Threat Assessment, and

2. A.R.S. § 28-3002.

Historical Note

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).

R17-4-707. 60-Day Notice to Apply

A. The Division shall notify an existing HME holder 60 days prior to expiration of a Security Threat Assessment that a new Security Threat Assessment shall be successfully passed to retain the HME.

B. Upon expiration of the Division’s 60 Day Notice to Apply, the Division 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.

Historical Note

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).

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 under A.R.S. § 28-3001, shall obtain a new Security Threat Assessment and HME:

1. Cancellation,

2. Suspension for a period of one year or more,

3. Expiration for a period of one year or more, and

4. Revocation for a period of one year or more.

Historical Note

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).

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 Division 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 Division shall immediately cancel the HME.

b. The Division 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 designated CDL office for removal of the HME.

d. If the applicant fails to comply with the Division’s Notice of Action, the Division shall cancel the applicant’s Arizona Driver License privilege.

e. Upon removal of an HME by the Division under this Section, an applicant, if otherwise qualified, may continue to hold a CDL.

Historical Note

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).

R17-4-709.01. Recodified

Historical Note

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).

R17-4-709.02. Recodified

Historical Note

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).

R17-4-709.03. Recodified

Historical Note

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).

R17-4-709.04. Recodified

Historical Note

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).

R17-4-709.05. Recodified

Historical Note

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).

R17-4-709.06. Recodified

Historical Note

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).

Appendix A. Recodified

Historical Note

Appendix A 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; Appendix A 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 Appendix A expired January 3, 2000, pursuant to A.R.S. § 1026(C); new Appendix A 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). Appendix recodified to 17 A.A.C. 5, Article 6 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Appendix B. Recodified

Historical Note

Appendix B 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; Appendix B 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 Appendix B expired January 3, 2000, pursuant to A.R.S. § 1026(C); new Appendix B adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Appendix recodified to 17 A.A.C. 5, Article 6 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Appendix C. Recodified

Historical Note

Appendix C 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; Appendix C renewed 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 Appendix C expired January 3, 2000, pursuant to A.R.S. § 1026(C); new Appendix C adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Appendix recodified to 17 A.A.C. 5, Article 6 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

R17-4-709.07. Recodified

Historical Note

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).

R17-4-709.08. Recodified

Historical Note

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).

R17-4-709.09. Recodified

Historical Note

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).

Exhibit A. Recodified

Historical Note

New Form adopted by final rulemaking at 6 A.A.R. 654, effective January 11, 2000 (Supp. 00-1). Heading “Form A” changed to “Exhibit A” to conform with R1-1-412 (Supp. 00-3). Exhibit recodified to 17 A.A.C. 5, Article 6 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

Exhibit B. Recodified

Historical Note

New Exhibit adopted by final rulemaking at 7 A.A.R. 59, effective December 7, 2000 (Supp. 00-4). Exhibit recodified to 17 A.A.C. 5, Article 6 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3).

R17-4-709.10. Recodified

Historical Note

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).

R17-4-710. Requests for Administrative Hearing

A. The Division shall not accept a request for hearing for failure to qualify for an HME. In the event an applicant has failed to successfully complete the Security Threat Assessment, the applicant shall make appeal directly through TSA.

B. An applicant whose Arizona driving privileges have been canceled under R17-4-707 or R17-4-709 may request an administrative hearing under 17 A.A.C. 1, Article 5.

Historical Note

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).

R17-4-711. HME on CDL Learner’s Permit

In accordance with 49 CFR 383.23, the Division shall not issue an HME to an individual in possession of a CDL Learner’s Permit.

Historical Note

New Section made by final rulemaking at 13 A.A.R. 684, effective April 9, 2007 (Supp. 07-1).

R17-4-712. Transfer Applicant

A. Applicability. A transfer applicant shall comply with the provisions of this Article except otherwise required by this Section.

B. Existing TSA approval.

1. Upon application by a transfer applicant who has an existing HME and who has successfully passed a STA prior to application in Arizona, the Division shall:

a. Issue a five-year Arizona CDL with an HME;

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. Consider an applicant who has been subject to any action under R17-4-708(B) an original applicant and shall require applicant to undergo a new STA 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.

Historical Note

New Section made by final rulemaking at 13 A.A.R. 3368, effective November 10, 2007 (Supp. 07-3).

Table A. Recodified

Historical Note

Table A adopted by final rulemaking at 5 A.A.R. 2928, effective August 5, 1999 (Supp. 99-3). Table recodified to 17 A.A.C. 1, Article 1 at 7 A.A.R. 919, effective January 24, 2001 (Supp. 01-1).

ARTICLE 8. MOTOR VEHICLE RECORDS

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:

“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.

“Customer number” means the system-generated, or other distinguishing number, assigned by the Division to each person conducting business with the Division.

“Director” means the Arizona Department of Transportation’s Motor Vehicle Division Director or the Director’s designee.

“Division” means the Arizona Department of Transportation’s Motor Vehicle Division.

“Driver license number” means the system-generated, or other distinguishing number, assigned by the Division to a person for a driver license, identification card, or instruction permit record.

“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.

“Requester” means the person, as defined under 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.

“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.

Historical Note

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).

R17-4-802. Motor Vehicle Record Request

A. Identification requirements. The requester of a motor vehicle record shall present valid photo identification 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 A.A.C. R17-1-202, unless exempt under A.R.S. § 28-446.

C. Motor vehicle record types. Under this Article, the Division may release any of the following motor vehicle record types:

1. Title and Registration record, uncertified;

2. Title and Registration record, certified;

3. Driver 39-month record, uncertified;

4. Driver five-year record, certified;

5. Driver history record, certified; and

6. Special MVR, uncertified.

D. Permissible use record request. A requester who has a permissible use under A.R.S. § 28-455 shall provide at least one of the items of information listed in this subsection when requesting a motor vehicle 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 name of the person whose record is requested,

b. Driver license number, or

c. Customer number.

E. Non-permissible use record request. A requester who does not have a permissible use under A.R.S. § 28-455, but who presents either a notarized Consent To Release Motor Vehicle Record - General form #96-0276 or a Consent To Release Motor Vehicle Record - One-Time form #96-0463 from the person whose motor vehicle record is requested shall provide the items of information listed in this subsection when requesting a motor vehicle record. The Consent To Release Motor Vehicle Record forms are available at all Customer Service and Third Party Provider offices and online at http://mvd.azdot.gov/mvd/FormsandPub/mvd.asp.

1. For a title and registration motor vehicle record:

a. The vehicle identification number and license plate number, and

b. The vehicle owner’s full name, or

c. The vehicle owner’s residence address.

2. For a driver motor vehicle record:

a. The name and driver license number or 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 Division 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, at Motor Vehicle Division, 1801 W. Jefferson St., P.O. Box 2100, Phoenix, Arizona 85007-2100.

G. Insurance companies requesting a driver or title and registration record. The Division 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.

Historical Note

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).

R17-4-803. Reserved

R17-4-804. Repealed

Historical Note

Adopted effective June 29, 1990 (Supp. 90-2). Repealed effective November 21, 1995 (Supp. 95-4).

R17-4-805. Recodified

Historical Note

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).

R17-4-806. Recodified

Historical Note

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).

R17-4-807. Recodified

Historical Note

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).

R17-4-808. Recodified

Historical Note

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

R17-4-901. Recodified

Historical Note

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).

R17-4-902. Recodified

Historical Note

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).

R17-4-903. Recodified

Historical Note

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).

R17-4-904. Recodified

Historical Note

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).

R17-4-905. Recodified

Historical Note

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).

R17-4-906. Recodified

Historical Note

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).

R17-4-907. Recodified

Historical Note

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).

R17-4-908. Recodified

Historical Note

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).

R17-4-909. Recodified

Historical Note

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).

R17-4-910. Recodified

Historical Note

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).

R17-4-911. Recodified

Historical Note

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).

R17-4-912. Recodified

Historical Note

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).

R17-4-913. Recodified

Historical Note

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).

R17-4-914. Repealed

Historical Note

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).

 


Scott Cancelosi
Director
Public Services Division

A.A.C. Table of Contents

Commercial Use Fees of this Chapter


Editor
Arizona Administrative Code