House Engrossed

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HOUSE BILL 2258

 

 

 

AN ACT

 

amending sections 28-2153 and 28‑3102, Arizona Revised Statutes; relating to driver licenses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 28-2153, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2153.  Registration requirement; exceptions; assessment; violation; classification

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

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

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

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

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

D.  This section does not apply to:

1.  A farm tractor.

2.  A trailer used solely in the operation of a farm for transporting the unprocessed fiber or forage products of a farm or any implement of husbandry designed primarily for or used in agricultural operations and only incidentally operated or moved on a highway.

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

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

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

6.  A motor vehicle that is being towed by a tow truck that has been registered and for which a permit has been obtained pursuant to section 28‑1108.

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

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

(a)  A compressor.

(b)  A forklift or a hay squeeze machine that is designed to load hay in an off‑road situation.

(c)  A portable cement mixer.

(d)  A single axle tow dolly as defined in section 28‑1095.

(e)  A tar pot.

(f)  A water trailer used for watering livestock or for agricultural or domestic purposes.

(g)  A welder.

(h)  Any other similar item designed and used primarily for construction or building trade purposes.

9.  An all‑terrain vehicle or an off‑road recreational motor vehicle operating on a dirt road that is located in an unincorporated area of this state.  For the purposes of this paragraph, "dirt road" means an unpaved or ungraveled road that is not maintained by this state or a city, town or county of this state.

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

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

E.  A person who owns or operates a trailer that is exempt from registration pursuant to subsection D, paragraph 2 of this section shall notify the county assessor of the exemption, and the assessor shall assess the trailer.

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

Sec. 2.  Section 28-3102, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3102.  Exceptions to driver license classes; definitions

A.  Notwithstanding section 28‑3101, a person who operates an authorized emergency vehicle, a farm vehicle or a recreational vehicle may operate the vehicle with a class A, B, C, D or G license.

B.  For the purposes of this section:

1.  "Commercial farming" means the intensive cultivation of arable land by raising agricultural or horticultural products as a principal source of the owner's livelihood.

2.  "Commercial stock raising" means breeding, raising and caring for domestic animals as a principal source of the owner's livelihood.

3.  "Farm vehicle" means a vehicle or combination of vehicles that is used for commercial farming or commercial stock raising and that meets all of the following requirements:

(a)  Is controlled and operated by the farm vehicle owner or the owner's family member or employee.

(b)  Is used to transport agricultural products, machinery or supplies to or from a commercial farming or a commercial stock raising operation.

(c)  Is not used in the operations of a common or contract motor carrier.

(c)  Is only used in the operation of a private motor carrier.

(d)  Is used within one hundred fifty miles of the farm vehicle owner's commercial farming or commercial stock raising operation.

4.  "Private motor carrier" means any person who transports property by a commercial motor vehicle and who is the owner, lessee or bailee of the property and the property is being transported for sale, lease, rent or bailment or to further a commercial enterprise.

4.  5.  "Recreational vehicle" means a motor vehicle or vehicle combination that is more than twenty‑six thousand pounds gross vehicle weight rating and that is designed and exclusively used for private pleasure, including vehicles commonly called motor homes, pickup trucks with campers, travel trailers, boat trailers and horse trailers used exclusively to transport personal possessions or persons for noncommercial purposes. END_STATUTE