A.R.S. tit. 28 ch. 15 — Arizona Revised Statutes Title 28 Chapter 15 — Fees

28-5401. Disposition of fees Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees and taxes collected under this chapter in the Arizona highway user revenue fund. 28-5431. Definitions In this article, unless the context otherwise requires: 1. "Declared gross weight" means the gross weight in pounds ascribed to a motor vehicle, trailer, semitrailer or vehicle combination by the applicant for registration. 2. "Gross weight" means the sum of the empty weight in pounds of a motor vehicle combination plus the weight in pounds of the maximum load to be carried on the motor vehicle combination at any one time, except that for tow trucks, gross weight means the sum of the empty weight in pounds of the tow truck plus the weight in pounds of operational supplies and equipment. 3. "Vehicle combination" means a motor vehicle and the trailers and semitrailers that it tows. 28-5432. Gross weight fees; application; exceptions A. This article applies to all of the following: 1. A trailer or semitrailer with a gross weight of ten thousand pounds or less and that is used in the furtherance of a commercial enterprise. 2. A motor vehicle or vehicle combination if the motor vehicle or vehicle combination is designed, used or maintained primarily for the transportation of passengers for compensation or for the transportation of property. 3. A hearse, an ambulance or any other vehicle that is used by a mortician in the conduct of the mortician's business. 4. A commercial motor vehicle as defined in section 28-5201. B. This article does not apply to: 1. A vehicle commonly referred to as a station wagon or to a vehicle commonly known as and referred to by the manufacturer's rating as a three-quarter ton or less pickup truck or three-quarter ton or less van unless such a vehicle is maintained and operated more than one thousand hours in a vehicle registration year for the transportation of passengers or property in the furtherance of a commercial enterprise. An applicant requesting title or registration of a motor vehicle in the name of a commercial enterprise shall pay the fees imposed by this article unless the applicant certifies on the application that the vehicle will not be maintained and operated in the furtherance of a commercial enterprise. 2. A trailer or semitrailer with a declared gross weight of ten thousand pounds or less, if the trailer or semitrailer is not used in the furtherance of a commercial enterprise and the applicant certifies on the application that the vehicle will not be maintained and operated in the furtherance of a commercial enterprise. C. The following motor vehicles, trailers and semitrailers are exempt from the gross weight fee prescribed in section 28-5433: 1. A motor vehicle, trailer or semitrailer that is owned and operated by a religious institution and that is used exclusively for the transportation of property produced and distributed for charitable purposes without compensation. For the purposes of this paragraph, "religious institution" means a recognized organization that has an established place of meeting for religious worship and that holds regular meetings for that purpose at least once each week in at least five cities or towns in this state. 2. A motor vehicle, trailer or semitrailer that is owned and operated by a nonprofit school that is recognized as being tax exempt by the federal or state government if the motor vehicle, trailer or semitrailer is used exclusively for any of the following: (a) The transportation of pupils in connection with the school curriculum. (b) The training of pupils. (c) The transportation of property for charitable purposes without compensation. 3. A motor vehicle, trailer or semitrailer that is owned by a nonprofit organization in this state that presents to the department a form approved by the director of the division of emergency management pursuant to section 26-318. 4. A vehicle that is owned and operated only for government purposes by a foreign government, a consul or any other official representative of a foreign government, by the United States, by a state or political subdivision of a state or by an Indian tribal government. 5. A motor vehicle that is privately owned and operated exclusively as a school bus pursuant to a contract with a school district. If a privately owned and operated school bus is temporarily operated for purposes other than those prescribed in the definition of school bus in section 28-101, the registering officer shall assess and collect a monthly gross weight fee equal to one-tenth of the annual gross weight fee prescribed by section 28-5433 for each calendar month that the motor vehicle is so operated in this state. The registering officer shall not apportion the gross weight fee for a fraction of a calendar month. 28-5433. Gross weight fees; additional registration fees; farm vehicle reduction; consolidation A. In addition to the registration fee required by section 28-2003, a person shall pay to the department at the time of application for registration of a vehicle that is subject to this article pursuant to section 28-5432 a commercial registration fee of four dollars and a gross weight fee calculated beginning on the first day of the month following the date of transfer for the declared gross weight of the trailer, semitrailer, motor vehicle or vehicle combination according to the following table: Gross Weight Weight Fee up to 8,000 $ 7.50 8,001 to 10,000 36.00 10,001 to 12,000 63.00 12,001 to 14,000 103.00 14,001 to 16,000 121.00 16,001 to 18,000 144.00 18,001 to 20,000 162.00 20,001 to 22,000 198.00 22,001 to 24,000 216.00 24,001 to 26,000 234.00 26,001 to 28,000 288.00 28,001 to 30,000 324.00 30,001 to 32,000 378.00 32,001 to 36,000 414.00 36,001 to 40,000 468.00 40,001 to 45,000 522.00 45,001 to 50,000 576.00 50,001 to 55,000 630.00 55,001 to 60,000 684.00 60,001 to 65,000 738.00 65,001 to 70,000 792.00 70,001 to 75,000 864.00 75,001 to 80,000 918.00 B. Notwithstanding subsection A of this section, the owner of a farm vehicle that is issued a farm vehicle license plate pursuant to section 28-2514 shall pay a gross weight fee that is one-half of the gross weight fee calculated pursuant to subsection A of this section. C. If an unregistered vehicle was operated on the highways of this state during the preceding registration year, the director may collect the gross weight fee for the preceding year. D. The director shall consolidate the gross weight fee prescribed by this section with the motor carrier fee imposed by section 28-5854 for the purpose of reducing administrative activities of motor carriers and of the department. The director shall prepare forms necessary to perform the consolidation. 28-5434. Proration of gross weight fees For a registration issued after the beginning of the registration year, a person shall pay the fees prescribed in this article reduced by one-twelfth for each month of the year that elapsed since the first day of the month following the date of transfer of the vehicle or vehicle combination or the date the vehicle or vehicle combination becomes subject to registration. 28-5435. Increase in gross vehicle weight; additional fee A. A person may increase the declared gross weight of a vehicle or vehicle combination after the original registration and during the registration year by reregistration of the vehicle or vehicle combination. The person shall pay a fee in addition to the gross weight fee prescribed in this article based on the difference between the fee due at the time of reregistration for the weight class in which the vehicle or vehicle combination was originally registered and the fee due at the time of reregistration for the increased weight class. If during a registration year the declared gross weight of a vehicle or vehicle combination is reduced, there is no reduction or refund allowed for a part of the original weight fee previously paid. B. A vehicle or vehicle combination that is operated under a special permit allowing excess weight pursuant to section 28-1103 is not required to declare an increased gross weight or to pay a fee ascribed to the increased gross weight pursuant to this article. 28-5436. Reduced gross weight fees; seasonal agricultural work A. On application, a resident owner of a motor vehicle, trailer or semitrailer that is operated solely in seasonal agricultural work and that is subject to the fees prescribed by section 28-5433 may pay a reduced fee for a period of at least ninety days but less than a full year. B. The application shall specify a number of thirty day periods. The director shall compute the reduced fee on a basis of one-twelfth of the annual fee prescribed by section 28-5433 for the motor vehicle, trailer or semitrailer multiplied by the number of thirty day periods specified in the application. The operation of the motor vehicle, trailer or semitrailer is valid for the period for which the reduced fees are paid. C. The resident owner shall pay all other fees and taxes applicable to the motor vehicle, trailer or semitrailer in full without regard to the reduction authorized by this section. 28-5437. Operation with excess weight; violation; classification A person who operates or who causes, permits or authorizes the operation on the public highways of this state of a vehicle singly or in a vehicle combination with a gross weight in excess of the vehicle's or vehicle combination's declared gross weight: 1. Is guilty of a class 2 misdemeanor notwithstanding section 28-5438. 2. Is deemed to have set a new declared gross weight for the vehicle or vehicle combination. 3. Shall reregister the vehicle or vehicle combination and shall pay a fee for the new gross weight or the maximum gross weight allowed by law, whichever is lower, without any allowance or reduction in the fee as provided for in this article or the proportional mileage per cent factor as provided in chapter 7, article 7 or 8 of this title. 28-5438. Weight violations; civil penalty; classifications; procedures; evidence A. A person who violates this article is: 1. Subject to a civil penalty either: (a) As prescribed in subsection B of this section. (b) Of one dollar if the excess weight is one thousand pounds or less. 2. Guilty of a class 3 misdemeanor for a second violation of this article within six months of the preceding judgment. 3. Guilty of a class 2 misdemeanor for a second conviction for a violation of this article within one year of the preceding conviction pursuant to paragraph 2 of this subsection. B. A court shall impose civil penalties as follows: If the excess weight is: The minimum civil penalty is: 1,001 to 1,250 pounds $100.00 1,251 to 1,500 200.00 1,501 to 2,000 300.00 2,001 to 2,500 400.00 2,501 to 3,000 500.00 3,001 to 3,500 840.00 3,501 to 4,000 980.00 4,001 to 4,500 1120.00 4,501 to 4,750 1260.00 4,751 to 5,000 1400.00 5,001 and over 1400.00 plus an additional $100 for each 1000 pounds of excess weight C. An unregistered vehicle that is operated on a public highway is deemed to have a gross weight of one pound for purposes of the civil penalty imposed by this section. D. If an officer finds that a person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to shift the load, as reasonable under the circumstances, to comply with the axle weight limitation and notwithstanding this section: 1. If the driver does not comply with the request of the officer to shift the load, the driver is subject to a civil penalty or a criminal penalty. 2. If the driver complies with the axle weight limitation after shifting the load and the excess axle weight was two thousand five hundred pounds or less: (a) The officer shall not cite the driver. (b) The driver is not subject to a civil penalty or a criminal penalty for a violation of the axle weight limitation. 3. If the driver shifts the load but does not comply with the axle weight limitation or if the excess axle weight is more than two thousand five hundred pounds, the driver is subject to a civil penalty or a criminal penalty for a violation of the axle weight limitation. E. If a person is arrested for violating this article, the arresting officer may take the person immediately before a magistrate who is within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense. If the person is taken before a justice of the peace, the person shall be taken before the nearest or most accessible justice of the peace with reference to the place where the arrest is made. F. The officer or court collecting or receiving a civil penalty, fee, fine or forfeiture for a violation of this article shall deposit, pursuant to sections 35-146 and 35-147, the amount in the Arizona highway user revenue fund. If a civil penalty, fee or fine is collected, ten dollars of the civil penalty, fee or fine is deductible as reimbursement of costs from the amount collected, unless the fee or fine is less than ten dollars. The collecting official shall deposit the deducted monies with the city, town or county treasury of the city, town or county prosecuting or processing the violation. G. A weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is in excess of the prescribed maximum weight limitation permitted by this article is prima facie evidence that the weight of a vehicle and load is unlawful. H. If the commodity being carried is sold by weight, a weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is not in excess of the prescribed maximum weight limitation permitted by this article is prima facie evidence that the gross weight of a vehicle and load is lawful. The presumption that the weight of the vehicle and load is lawful may be rebutted by the weight of the vehicle and load as shown by means of the department's stationary scale or a public weighmaster scale. 28-5471. Highway use fees; commercial motor vehicles; definition A. In addition to all other fees, a person registering a motor vehicle or vehicle combination in this state under chapter 7, article 7 or 8 of this title or section 28-2324 shall pay for each motor vehicle or vehicle combination a highway use fee determined according to the following table: Gross weight Use fee for Use fee for 1979 and 1978 and older newer models models 75,001 - 80,000 $ 2,217 $ 1,095 70,001 - 75,000 1,895 1,040 65,001 - 70,000 1,175 975 60,001 - 65,000 1,099 915 55,001 - 60,000 902 860 50,001 - 55,000 828 790 45,001 - 50,000 751 715 40,001 - 45,000 665 635 36,001 - 40,000 664 560 32,001 - 36,000 570 485 30,001 - 32,000 469 405 28,001 - 30,000 378 325 26,001 - 28,000 287 245 24,001 - 26,000 190 190 22,001 - 24,000 135 135 20,001 - 22,000 125 125 18,001 - 20,000 115 115 16,001 - 18,000 105 105 14,001 - 16,000 90 90 12,001 - 14,000 80 80 10,001 - 12,000 70 70 8,001 - 10,000 60 60 0 - 8,000 50 50 B. For the purposes of this article, "model" means the year that is assigned to the motor vehicle for vehicle titling purposes. 28-5472. Additional highway use fees; nonresident owners A nonresident owner of a foreign vehicle operated in this state and registered under section 28-2324 shall pay a highway use fee determined according to the following table: Gross weight Use fee Use fee for 1978 and older models 75,001 - 80,000 $ 110 $ 40 70,001 - 75,000 105 35 65,001 - 70,000 100 35 60,001 - 65,000 90 30 55,001 - 60,000 85 30 50,001 - 55,000 80 30 45,001 - 50,000 70 25 40,001 - 45,000 65 25 36,001 - 40,000 55 20 32,001 - 36,000 50 20 30,001 - 32,000 40 15 28,001 - 30,000 35 15 26,001 - 28,000 25 10 24,001 - 26,000 20 10 22,001 - 24,000 15 8 20,001 - 22,000 15 8 18,001 - 20,000 10 8 16,001 - 18,000 10 8 14,001 - 16,000 10 8 12,001 - 14,000 10 8 10,001 - 12,000 10 8 8,001 - 10,000 8 8 0 - 8,000 8 8 28-5473. Highway use fee; reduction; basis; proration; exemption A. The highway use fee provided by this article is based on the gross weight as declared for the gross weight fee pursuant to section 28-5433. B. The department shall reduce the highway use fee liability for a registration year for a fleet of vehicles proportionally registered pursuant to chapter 7, article 7 or 8 of this title by the amount of vehicle license taxes paid pursuant to section 28-5801 for the same registration year and for the same motor vehicles, trailers and semitrailers in the fleet. C. The department shall reduce the highway use fee prescribed in this article on a motor vehicle not previously registered or otherwise qualified for operation in this state by one-twelfth for each full month of the registration year that has expired. D. An owner of a farm vehicle that is issued a farm vehicle license plate pursuant to section 28-2514 is exempt from the highway use fee prescribed by this article. 28-5474. Axle fees; commercial vehicles; border crossing; definition A. The director may adopt rules establishing a fee based on the number of axles attached to a foreign vehicle or a foreign vehicle combination that is imposed on nonresidents operating or causing the operation of a foreign vehicle or foreign vehicle combination that enters this state by crossing the border between this state and Mexico in the furtherance of a commercial enterprise. B. If the director establishes a fee by rule pursuant to this section, the fee shall apply to a nonresident who is operating or causing the operation of a foreign vehicle or foreign vehicle combination and who is required to register the foreign vehicle or foreign vehicle combination pursuant to section 28-2321 or who is responsible for paying any fees required by section 28-2324, 28-2325, 28-5739, 28-5863 or 28-5864. C. The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected pursuant to this section as follows: 1. Fifty-five percent in the state highway fund established by section 28-6991. 2. Forty-five percent in the Arizona highway patrol fund established by section 41-1752. D. For the purposes of this section, "foreign vehicle" or "foreign vehicle combination" means a truck or truck tractor and semitrailer and any trailer that it tows that is registered in a foreign country or jurisdiction of a foreign country and enters this state by crossing the border between this state and Mexico in the furtherance of a commercial enterprise. 28-5491. Definitions In this article, unless the context otherwise requires: 1. "Declared gross weight" has the same meaning prescribed in section 28-5431. 2. "Light motor vehicle" means a self-propelled motor driven vehicle that has a declared gross weight of twelve thousand or fewer pounds and that is used to transport for hire persons, freight or property. 28-5492. Light motor vehicle fee imposed A. Beginning on January 1, 1998, in addition to the registration and gross weight fees required by this title, an annual light motor vehicle fee of sixty-four dollars is imposed on each light motor vehicle. B. The light motor vehicle fee imposed by this section shall be added to the gross weight fee imposed by section 28-5433 and is payable at the time the light motor vehicle is registered. The director shall consolidate the light motor vehicle fee imposed by this section with the gross weight fee imposed by section 28-5433 for the purpose of reducing administrative activities of the owners and operators of light motor vehicles and the department. The director shall prepare appropriate forms to perform the consolidation.