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REFERENCE TITLE: personal delivery devices |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2422 |
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Introduced by Representatives Townsend: Allen J, John, Lawrence, Livingston, Thorpe
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AN ACT
amending sections 28‑101 and 28‑627, Arizona Revised Statutes; amending title 28, chapter 3, article 15, Arizona Revised Statutes, by adding section 28‑913; amending sections 28‑2153 and 28‑4132, Arizona Revised Statutes; relating to transportation devices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-101, Arizona Revised Statutes, is amended to read:
28-101. Definitions
In this title, unless the context otherwise requires:
1. "Alcohol" means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol.
2. "Alcohol concentration" if expressed as a percentage means either:
(a) The number of grams of alcohol per one hundred milliliters of blood.
(b) The number of grams of alcohol per two hundred ten liters of breath.
3. "All‑terrain vehicle" means either of the following:
(a) A motor vehicle that satisfies all of the following:
(i) Is designed primarily for recreational nonhighway all‑terrain travel.
(ii) Is fifty or fewer inches in width.
(iii) Has an unladen weight of one thousand two hundred pounds or less.
(iv) Travels on three or more nonhighway tires.
(v) Is operated on a public highway.
(b) A recreational off-highway vehicle that satisfies all of the following:
(i) Is designed primarily for recreational nonhighway all-terrain travel.
(ii) Is sixty‑five or fewer inches in width.
(iii) Has an unladen weight of one thousand eight hundred pounds or less.
(iv) Travels on four or more nonhighway tires.
4. "Authorized emergency vehicle" means any of the following:
(a) A fire department vehicle.
(b) A police vehicle.
(c) An ambulance or emergency vehicle of a municipal department or public service corporation that is designated or authorized by the department or a local authority.
(d) Any other ambulance, fire truck or rescue vehicle that is authorized by the department in its sole discretion and that meets liability insurance requirements prescribed by the department.
5. "Autocycle" means a three‑wheeled motorcycle on which the driver and passengers ride in a fully or partially enclosed seating area that is equipped with a roll cage, safety belts for each occupant and antilock brakes and that is designed to be controlled with a steering wheel and pedals.
6. "Aviation fuel" means all flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating an internal combustion engine for use in an aircraft but does not include fuel for jet or turbine powered aircraft.
7. "Bicycle" means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:
(a) Two tandem wheels, either of which is more than sixteen inches in diameter.
(b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.
8. "Board" means the transportation board.
9. "Bus" means a motor vehicle designed for carrying sixteen or more passengers, including the driver.
10. "Business district" means the territory contiguous to and including a highway if there are buildings in use for business or industrial purposes within any six hundred feet along the highway, including hotels, banks or office buildings, railroad stations and public buildings that occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.
11. "Certificate of ownership" means a paper or an electronic record that is issued in another state or a foreign jurisdiction and that indicates ownership of a vehicle.
12. "Certificate of title" means a paper document or an electronic record that is issued by the department and that indicates ownership of a vehicle.
13. "Combination of vehicles" means a truck or truck tractor and semitrailer and any trailer that it tows but does not include a forklift designed for the purpose of loading or unloading the truck, trailer or semitrailer.
14. "Controlled substance" means a substance so classified under section 102(6) of the controlled substances act (21 United States Code section 802(6)) and includes all substances listed in schedules I through V of 21 Code of Federal Regulations part 1308.
15. "Conviction" means:
(a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal.
(b) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court.
(c) A plea of guilty or no contest accepted by the court.
(d) The payment of a fine or court costs.
16. "County highway" means a public road that is constructed and maintained by a county.
17. "Dealer" means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28‑4302.
18. "Department" means the department of transportation acting directly or through its duly authorized officers and agents.
19. "Digital network or software application" has the same meaning prescribed in section 28‑9551.
20. "Director" means the director of the department of transportation.
21. "Drive" means to operate or be in actual physical control of a motor vehicle.
22. "Driver" means a person who drives or is in actual physical control of a vehicle.
23. "Driver license" means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle.
24. "Electric personal assistive mobility device" means a self‑balancing device with one wheel or two nontandem wheels and an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less and that is designed to transport only one person.
25. "Eligible entity" means a corporation, partnership, association, firm, sole proprietorship or other entity engaged in business.
25. 26. "Farm" means any lands primarily used for agriculture production.
26. 27. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry.
27. 28. "Foreign vehicle" means a motor vehicle, trailer or semitrailer that is brought into this state other than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in this state.
28. 29."Golf cart" means a motor vehicle that has not less than three wheels in contact with the ground, that has an unladen weight of less than one thousand eight hundred pounds, that is designed to be and is operated at not more than twenty‑five miles per hour and that is designed to carry not more than four persons including the driver.
29. 30. "Hazardous material" means a material, and its mixtures or solutions, that the United States department of transportation determines under 49 Code of Federal Regulations is, or any quantity of a material listed as a select agent or toxin under 42 Code of Federal Regulations part 73 that is, capable of posing an unreasonable risk to health, safety and property if transported in commerce and that is required to be placarded or marked as required by the department's safety rules prescribed pursuant to chapter 14 of this title.
30. 31. "Implement of husbandry" means a vehicle that is designed primarily for agricultural purposes and that is used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self‑propelled or otherwise that meets both of the following conditions:
(a) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains and other farm crops.
(b) Is only incidentally operated or moved on a highway whether as a trailer or self‑propelled unit. For the purposes of this subdivision, "incidentally operated or moved on a highway" means travel between a farm and another part of the same farm, from one farm to another farm or between a farm and a place of repair, supply or storage.
31. 32. "Limousine" means a motor vehicle providing prearranged ground transportation service for an individual passenger, or a group of passengers, that is arranged in advance or is operated on a regular route or between specified points and includes ground transportation under a contract or agreement for services that includes a fixed rate or time and is provided in a motor vehicle with a seating capacity not exceeding fifteen passengers including the driver.
32. 33. "Livery vehicle" means a motor vehicle that:
(a) Has a seating capacity not exceeding fifteen passengers including the driver.
(b) Provides passenger services for a fare determined by a flat rate or flat hourly rate between geographic zones or within a geographic area.
(c) Is available for hire on an exclusive or shared ride basis.
(d) May do any of the following:
(i) Operate on a regular route or between specified places.
(ii) Offer prearranged ground transportation service as defined in section 28‑141.
(iii) Offer on demand ground transportation service pursuant to a contract with a public airport, licensed business entity or organization.
33. 34. "Local authority" means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state.
34. 35. "Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.
35. 36. "Moped" means a bicycle that is equipped with a helper motor if the vehicle has a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of one and one‑half or less and a maximum speed of twenty‑five miles per hour or less on a flat surface with less than a one percent grade.
39. 37. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excludes a tractor and a moped.
36. 38. "Motor driven cycle" means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower.
40. 39. "Motorized quadricycle" means a self-propelled motor vehicle to which all of the following apply:
(a) The vehicle is self-propelled by an emission-free electric motor and may include pedals operated by the passengers.
(b) The vehicle has at least four wheels in contact with the ground.
(c) The vehicle seats at least eight passengers, including the driver.
(d) The vehicle is operable on a flat surface using solely the electric motor without assistance from the pedals or passengers.
(e) The vehicle is a commercial motor vehicle as defined in section 28‑5201.
(f) The vehicle is a limousine operating under a vehicle for hire company permit issued pursuant to section 28‑9503.
(g) The vehicle is manufactured by a motor vehicle manufacturer that is licensed pursuant to chapter 10 of this title.
(h) The vehicle complies with the definition and standards for low‑speed vehicles set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.
37. 40. "Motor vehicle":
(a) Means either:
(i) A self‑propelled vehicle.
(ii) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel.
(b) Does not include a personal delivery device, a motorized wheelchair, an electric personal assistive mobility device or a motorized skateboard. For the purposes of this subdivision:
(i) "Motorized skateboard" means a self‑propelled device that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground.
(ii) "Motorized wheelchair" means a self‑propelled wheelchair that is used by a person for mobility.
38. 41. "Motor vehicle fuel" includes all products that are commonly or commercially known or sold as gasoline, including casinghead gasoline, natural gasoline and all flammable liquids, and that are composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating internal combustion engines. Motor vehicle fuel does not include inflammable liquids that are specifically manufactured for racing motor vehicles and that are distributed for and used by racing motor vehicles at a racetrack, use fuel as defined in section 28‑5601, aviation fuel, fuel for jet or turbine powered aircraft or the mixture created at the interface of two different substances being transported through a pipeline, commonly known as transmix.
41. 42. "Neighborhood electric vehicle" means a self‑propelled electrically powered motor vehicle to which all of the following apply:
(a) The vehicle is emission free.
(b) The vehicle has at least four wheels in contact with the ground.
(c) The vehicle complies with the definition and standards for low‑speed vehicles set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.
42. 43. "Nonresident" means a person who is not a resident of this state as defined in section 28‑2001.
43. 44. "Off‑road recreational motor vehicle" means a motor vehicle that is designed primarily for recreational nonhighway all‑terrain travel and that is not operated on a public highway. Off‑road recreational motor vehicle does not mean a motor vehicle used for construction, building trade, mining or agricultural purposes.
44. 45. "Operator" means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
45. 46. "Owner" means:
(a) A person who holds the legal title of a vehicle.
(b) If a vehicle is the subject of an agreement for the conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, the conditional vendee or lessee.
(c) If a mortgagor of a vehicle is entitled to possession of the vehicle, the mortgagor.
46. 47. "Pedestrian" means any person afoot. A person who uses an electric personal assistive mobility device or a manual or motorized wheelchair is considered a pedestrian unless the manual wheelchair qualifies as a bicycle. For the purposes of this paragraph, "motorized wheelchair" means a self‑propelled wheelchair that is used by a person for mobility.
48. "Personal delivery device" means an electronically powered device that:
(a) Is operated by a personal delivery device operator on sidewalks and crosswalks and that is intended to be used primarily for transporting property.
(b) Weighs less than one hundred pounds, excluding cargo.
(c) Has a maximum speed of ten miles per hour.
(d) Is equipped with technology to allow for the operation of the device with or without the active control or monitoring of a natural person.
49. "Personal delivery device operator":
(a) means an eligible entity or an eligible entity's agent that exercises direct physical control over or monitoring of the navigation and operation of a personal delivery device.
(b) Does not include:
(i) a person that requests a delivery or other service that is rendered by a personal delivery device.
(ii) A person that only arranges for and dispatches a personal delivery device for a delivery or other service.
47. 50. "Power sweeper" means an implement, with or without motive power, that is only incidentally operated or moved on a street or highway and that is designed for the removal of debris, dirt, gravel, litter or sand whether by broom, vacuum or regenerative air system from asphaltic concrete or cement concrete surfaces, including parking lots, highways, streets and warehouses, and a vehicle on which the implement is permanently mounted.
48. 51. "Public transit" means the transportation of passengers on scheduled routes by means of a conveyance on an individual passenger fare‑paying basis excluding transportation by a sightseeing bus, school bus or taxi or a vehicle not operated on a scheduled route basis.
49. 52. "Reconstructed vehicle" means a vehicle that has been assembled or constructed largely by means of essential parts, new or used, derived from vehicles or makes of vehicles of various names, models and types or that, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. For the purposes of this paragraph, "essential parts" means integral and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.
50. 53. "Residence district" means the territory contiguous to and including a highway not comprising a business district if the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.
51. 54. "Right‑of‑way" when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. Right‑of‑way when used within the context of the real property on which transportation facilities and appurtenances to the facilities are constructed or maintained means the lands or interest in lands within the right‑of‑way boundaries.
52. 55. "School bus" means a motor vehicle that is designed for carrying more than ten passengers and that is either:
(a) Owned by any public or governmental agency or other institution and operated for the transportation of children to or from home or school on a regularly scheduled basis.
(b) Privately owned and operated for compensation for the transportation of children to or from home or school on a regularly scheduled basis.
53. 56. "Semitrailer" means a vehicle that is with or without motive power, other than a pole trailer, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28‑601.
54. 57. "State" means a state of the United States and the District of Columbia.
55. 58. "State highway" means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state.
56. 59. "State route" means a right‑of‑way whether actually used as a highway or not that is designated by the board as a location for the construction of a state highway.
57. 60. "Street" or "highway" means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel.
58. 61. "Taxi" means a motor vehicle that has a seating capacity not exceeding fifteen passengers, including the driver, that provides passenger services and that:
(a) Does not primarily operate on a regular route or between specified places.
(b) Offers local transportation for a fare determined on the basis of the distance traveled or prearranged ground transportation service as defined in section 28‑141 for a predetermined fare.
59. 62. "Title transfer form" means a paper or an electronic form that is prescribed by the department for the purpose of transferring a certificate of title from one owner to another owner.
60. 63. "Traffic survival school" means a school that offers educational sessions to drivers who are required to attend and successfully complete educational sessions pursuant to this title that are designed to improve the safety and habits of drivers and that are approved by the department.
61. 64. "Trailer" means a vehicle that is with or without motive power, other than a pole trailer, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. A semitrailer equipped with an auxiliary front axle commonly known as a dolly is deemed to be a trailer. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28‑601.
62. 65. "Transportation network company" has the same meaning prescribed in section 28‑9551.
63. 66. "Transportation network company vehicle" has the same meaning prescribed in section 28‑9551.
64. 67. "Transportation network service" has the same meaning prescribed in section 28‑9551.
65. 68. "Truck" means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying.
66. 69. "Truck tractor" means a motor vehicle that is designed and used primarily for drawing other vehicles and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn.
67. 70. "Vehicle":
(a) Means a device in, on or by which a person or property is or may be transported or drawn on a public highway. , excluding
(b) Does not include:
(i) Devices moved by human power. or
(ii) Devices used exclusively on stationary rails or tracks.
(iii) Personal delivery devices.
68. 71. "Vehicle transporter" means either:
(a) A truck tractor capable of carrying a load and drawing a semitrailer.
(b) A truck tractor with a stinger‑steered fifth wheel capable of carrying a load and drawing a semitrailer or a truck tractor with a dolly mounted fifth wheel that is securely fastened to the truck tractor at two or more points and that is capable of carrying a load and drawing a semitrailer.
Sec. 2. Section 28-627, Arizona Revised Statutes, is amended to read:
28-627. Powers of local authorities
A. This chapter and chapters 4 and 5 of this title do not prohibit a local authority, with respect to streets and highways under its jurisdiction and within the reasonable exercise of the police power, from:
1. Regulating the standing or parking of vehicles.
2. Regulating traffic by means of police officers, traffic control signals or volunteer posse organization members authorized by the sheriff under section 11‑441 for the purpose of directing traffic only.
3. Regulating or prohibiting processions or assemblages on the highways.
4. Designating particular highways as one‑way highways and requiring that all vehicles on one‑way highways be moved in one specific direction.
5. Regulating the speed of vehicles in public parks.
6. Designating any highway as a through highway and requiring that all vehicles stop before entering or crossing the highway or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to the intersection.
7. Restricting the use of highways as authorized in section 28‑1106.
8. Regulating the operation of bicycles and requiring the registration and licensing of bicycles, including the requirement of a registration fee.
9. Regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections.
10. Altering the prima facie speed limits as authorized by this chapter.
11. Designating routes over streets and highways for vehicles not exceeding one hundred two inches in width, exclusive of safety equipment.
12. Adopting other traffic regulations that are specifically authorized by this chapter or chapter 4 or 5 of this title.
13. Designating routes on certain streets and highways for the purpose of allowing off‑highway vehicle operators to gain access to or from a designated off‑highway recreation facility as defined in section 28‑1171, off‑highway vehicle trail as defined in section 28‑1171 or off‑highway vehicle special event as defined in section 28‑1171.
14. Adopting reasonable restrictions for the safe operation of personal delivery devices, except that a personal delivery device operator may not operate a personal delivery device on nonmotorized trails or bicycle paths that are established and maintained by this state or a local authority.
B. A local authority shall not erect or maintain a stop sign or traffic control signal at any location that requires the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the director.
C. An ordinance or regulation enacted under subsection A, paragraph 4, 5, 6, 7, 9 or 10 of this section is not effective until signs giving notice of the local traffic regulations are posted on or at the entrances to the highway or part of the highway affected as is most appropriate.
D. The definition of motor vehicle prescribed in section 28‑101 does not prevent a local authority from adopting ordinances that regulate or prohibit the operation of motorized skateboards, except that a local authority shall not adopt an ordinance that requires registration and licensing of motorized skateboards. For the purposes of this subsection, "motorized skateboard" means a self‑propelled device that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground.
E. In addition to the appointment of peace officers, a local authority may provide by ordinance for the appointment of:
1. Unarmed police aides or municipally approved private contractors who are employed or contracted by the police department and who are empowered to commence an action or proceeding before a court or judge for a violation of the local authority's ordinances regulating the standing or parking of vehicles. A municipally approved private contractor shall not include a relative of an employee or of an elected official of the municipality. The authority of the unarmed police aide or municipally approved private contractor as authorized in this section is limited to the enforcement of the ordinances of local authorities regulating the standing or parking of vehicles. Pursuant to rules established by the supreme court, an unarmed police aide appointed pursuant to this paragraph may serve any process originating out of a municipal court in the municipality in which the unarmed police aide is employed. Service of process under this paragraph shall only be made during the hours the municipal court is open for the transaction of business and only on court premises. This paragraph does not grant to unarmed police aides or municipally approved private contractors other powers or benefits to which peace officers of this state are entitled.
2. Traffic investigators who may:
(a) Investigate traffic accidents within the jurisdiction of the local authority.
(b) Commence an action or proceeding before a court or judge for any violation of a state statute or local ordinance relating to traffic, if the violation is related to a traffic accident within the jurisdiction of the local authority.
(c) Pursuant to rules established by the supreme court, serve any process originating out of a municipal court in the municipality in which the traffic investigator is employed. Service of process under paragraph 1 of this subsection shall only be made during the hours the municipal court is open for the transaction of business and only on court premises.
F. A traffic investigator appointed pursuant to this section shall:
1. Be unarmed at all times during the course of the traffic investigator's duties.
2. Be an employee of the appointing local authority.
3. File written reports as required pursuant to section 28‑667.
G. Notwithstanding subsection E of this section, an unarmed police aide, a municipally approved private contractor or a traffic investigator shall not serve any process resulting from a citation issued for a violation of article 3 or 6 of this chapter or of a city or town ordinance for excessive speed or failure to obey a traffic control device that is obtained using a photo enforcement system.
H. This section does not grant other powers or benefits to traffic investigators to which peace officers of this state are entitled.
I. Pursuant to section 28‑1092, a local authority shall provide reasonable access to and from terminals and service facilities on highways under its jurisdiction.
Sec. 3. Title 28, chapter 3, article 15, Arizona Revised Statutes, is amended by adding section 28-913, to read:
28-913. Personal delivery devices; requirements; prohibitions; civil penalty
A. Notwithstanding any other law, a personal delivery device operator may operate a personal delivery device on sidewalks and crosswalks in this state. A personal delivery device operating on a sidewalk or crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances, except that the personal delivery device must not unreasonably interfere with pedestrians or traffic and must yield the right-of-way to pedestrians on the sidewalk or crosswalk.
B. A personal delivery device must:
1. Obey all official traffic and pedestrian control signals and devices.
2. Have a plate or marker that has a unique identifying device number and that identifies the name and contact information of the personal delivery device operator that is operating the device.
3. Be equipped with a braking system that, when active or engaged, enables the personal delivery device to come to a controlled stop.
C. A personal delivery device operator may not:
1. Operate a personal delivery device on a:
(a) public highway except to the extent necessary to cross a crosswalk.
(b) sidewalk or crosswalk unless the personal delivery device operator is actively controlling or monitoring the navigation and operation of the personal delivery device.
2. use a personal delivery device to Transport hazardous materials that require placarding as prescribed by the department.
D. An eligible entity that owns and operates a personal delivery device in this state must maintain an insurance policy on behalf of the eligible entity and the eligible entity's agents, including the personal delivery device operator, that provides general liability coverage of at least one hundred thousand dollars for damages arising from the combined operations of personal delivery devices under the eligible entity's or agent's control.
E. A person may not operate a personal delivery device in this state unless the person is authorized to do so under this section and complies with this section.
F. A person that violates this section is subject to a civil penalty of up to five hundred dollars for each violation.
Sec. 4. Section 28-2153, Arizona Revised Statutes, is amended to read:
28-2153. 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 41‑1830.51.
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.
12. A personal delivery device.
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 this subsection E of this section is guilty of a class 2 misdemeanor.
Sec. 5. Section 28-4132, Arizona Revised Statutes, is amended to read:
28-4132. Financial responsibility requirement exemptions
This article does not apply to the owner or operator of any:
1. Farm tractor.
2. Trailer used solely in the operation of a farm for transporting the unprocessed fiber or forage products of a farm or an implement of husbandry designed primarily for or used in agricultural operations and only incidentally operated or moved on a highway.
3. Road‑roller or road machinery, including a power sweeper, temporarily operating or moved on the highway.
4. Trailer not used for commercial purposes or semitrailer not used for commercial purposes.
5. Motor vehicle rented without a driver that meets the requirements of section 28‑2166.
6. Motor vehicle registered pursuant to section 28‑2154.
7. Motor vehicle owned by the United States government.
8. Golf cart used in the operation of a golf course or only incidentally operated or moved on a highway.
9. All‑terrain vehicle or 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. Off‑highway vehicle participating in an off‑highway vehicle special event as defined in section 28‑1171.
11. Personal delivery device.