Bill Text: AZ SB1099 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Driver licenses; neighborhood electric vehicles
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-19 - Referred to Senate NRIPD Committee [SB1099 Detail]
Download: Arizona-2010-SB1099-Introduced.html
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REFERENCE TITLE: driver licenses; neighborhood electric vehicles |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1099 |
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Introduced by Senator Pearce R
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AN ACT
amending sections 28‑3002, 28‑3101, 28‑3153, 28‑3160, 28‑3171 and 28‑3172, Arizona Revised Statutes; amending title 28, chapter 8, article 4, Arizona Revised Statutes, by adding section 28‑3175; 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 28-3002, Arizona Revised Statutes, is amended to read:
28-3002. Fees; driver licenses; disposition
A. The following fees are required:
1. For each original or initial application or renewal application, if a written examination is required, for the following:
(a) Class A driver license, twenty‑five dollars.
(b) Class B driver license, twenty‑five dollars.
(c) Class C driver license, twelve dollars fifty cents.
(d) Class D driver license issued pursuant to section 28‑3171, ten dollars.
(e) Class M driver license issued pursuant to section 28‑3171, ten dollars.
(f) Class N driver license issued pursuant to section 28‑3175, an amount to be determined by the director.
2. Except as provided in paragraph 1, for each original, renewal or reinstatement application for a class D, G, or M or N license:
Age Fee
50 or older $10.00
45‑49 $15.00
40‑44 $20.00
39 or younger $25.00
3. For each original or initial application or renewal examination, if a written application is required, for the following endorsements to a driver license:
(a) Bus endorsement, ten dollars.
(b) Hazardous materials endorsement, ten dollars.
(c) Tank vehicle endorsement, ten dollars.
(d) Double‑triple trailer endorsement, ten dollars.
(e) Motorcycle endorsement, seven dollars.
4. For taking each driving test for a:
(a) Class A driver license, twenty‑five dollars.
(b) Class B driver license, twenty‑five dollars.
(c) Class C driver license, twelve dollars fifty cents.
(d) Bus endorsement, five dollars.
5. For each application for an instruction permit under:
(a) Section 28‑3154 or 28‑3156, seven dollars.
(b) Section 28‑3155, three dollars.
(c) Section 28‑3225, class A, twenty‑five dollars.
(d) Section 28‑3225, class B, twenty‑five dollars.
(e) Section 28‑3225, class C, twelve dollars fifty cents.
6. For each renewal application, if a written examination is not required, for a:
(a) Class A driver license and any endorsement, other than a hazardous materials endorsement, to the license, fifteen dollars.
(b) Class B driver license and any endorsement, other than a hazardous materials endorsement, to the license, fifteen dollars.
(c) Class C driver license and any endorsement, other than a hazardous materials endorsement, to the license, ten dollars.
7. For each application for a duplicate of a driver license, an amount determined by the director.
8. For each application for a duplicate of an instruction permit, two dollars.
9. In addition to the fees prescribed in paragraph 2 and except as provided in paragraph 11:
(a) For reinstatement of driving privileges after suspension or disqualification, ten dollars.
(b) For reinstatement of driving privileges after revocation, twenty dollars.
10. For each application for an extension by mail of a driver license, five dollars.
11. In addition to the fees prescribed in paragraph 2, for reinstatement of driving privileges that were suspended or denied pursuant to section 28‑1385 after completion of the suspension or revocation, fifty dollars.
12. For vision screening tests of out‑of‑state drivers, five dollars.
13. For class D or M driver license skills tests for out‑of‑state drivers, fifteen dollars.
B. Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35‑146 and 35‑147, fees collected under this section in the Arizona highway user revenue fund.
Sec. 2. Section 28-3101, Arizona Revised Statutes, is amended to read:
28-3101. Driver license classes
A. Except as provided in subsections B and C of this section and section 28‑3102, the following driver license classes are valid:
1. Class A. A class A license is valid for operating either of the following:
(a) A motor vehicle that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds if the combined gross vehicle weight rating is twenty‑six thousand one or more pounds.
(b) A vehicle that requires a class B, C or D license.
2. Class B. A class B license is valid for operating any of the following:
(a) A single motor vehicle with a gross vehicle weight rating of twenty‑six thousand one or more pounds.
(b) A motor vehicle with a gross vehicle weight rating of twenty‑six thousand one or more pounds that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.
(c) A vehicle that requires a class C or D license for operation.
3. Class C. A class C license is valid for operating any of the following:
(a) A single motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less.
(b) A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.
(c) A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds, if the combined gross vehicle weight rating is less than twenty‑six thousand one pounds.
(d) A vehicle that is required to be placarded for hazardous materials.
(e) A bus or school bus.
(f) A vehicle that requires a class D license for operation.
4. Class D. A class D license is valid for operating any of the following:
(a) A single motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less.
(b) A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of ten thousand pounds or less.
(c) A motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds if the combined gross vehicle weight rating is less than twenty‑six thousand one pounds.
5. Class G. A class G license is valid for operating a single motor vehicle with a gross vehicle weight rating of twenty‑six thousand pounds or less.
6. Class M. A class M license is valid for operating a motorcycle, motor driven cycle or moped. For the purpose of licensing a driver, the department may endorse a class M license classification on a valid class A, B, C, D or G license.
7. Class N. A class N license is valid for operating a neighborhood electric vehicle.
B. A class A, B, C, D, or G or N license is not valid for operating a vehicle that requires a class M license or a vehicle that requires a special endorsement unless the proper endorsement appears on the license.
C. A commercial driver license is not required to operate a vehicle described in subsection A, paragraph 1, 2 or 3 of this section if the vehicle has been issued a historic vehicle license plate pursuant to section 28‑2484 and the department provides in the vehicle registration record both of the following:
1. That the vehicle is classified as a noncommercial vehicle and may not be used as a commercial vehicle.
2. The vehicle's gross vehicle weight is entered as zero.
Sec. 3. Section 28-3153, Arizona Revised Statutes, is amended to read:
28-3153. Driver license issuance; prohibitions
A. The department shall not issue the following:
1. A driver license to a person who is under eighteen years of age, except that the department may issue:
(a) A restricted instruction permit for a class D or G license to a person who is at least fifteen years of age.
(b) An instruction permit for a class D, G or M license as provided by this chapter to a person who is at least fifteen years and six months of age.
(c) A class G or M license as provided by this chapter to a person who is at least sixteen years of age.
2. A class D, G or M license or instruction permit to a person who is under eighteen years of age and who has been tried in adult court and convicted of a second or subsequent violation of criminal damage to property pursuant to section 13‑1602, subsection A, paragraph 1 or convicted of a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13‑1802, unlawful use of means of transportation pursuant to section 13‑1803 or theft of means of transportation pursuant to section 13‑1814, or who has been adjudicated delinquent for a second or subsequent act that would constitute criminal damage to property pursuant to section 13‑1602, subsection A, paragraph 1 or adjudicated delinquent for an act that would constitute a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13‑1802, unlawful use of means of transportation pursuant to section 13‑1803 or theft of means of transportation pursuant to section 13‑1814, if committed by an adult.
3. A class A, B or C license to a person who is under twenty‑one years of age, except that the department may issue a class A, B or C license that is restricted to only intrastate driving to a person who is at least eighteen years of age.
4. A license to a person whose license or driving privilege has been suspended, during the suspension period except as provided in section 28‑3175.
5. Except as provided in section 28‑3315, a license to a person whose license or driving privilege has been revoked.
6. A class A, B or C license to a person who has been disqualified from obtaining a commercial driver license.
7. A license to a person who on application notifies the department that the person is an alcoholic as defined in section 36‑2021 or a drug dependent person as defined in section 36‑2501, unless the person successfully completes the medical screening process pursuant to section 28‑3052 or submits a medical examination report that includes a current evaluation from a substance abuse counselor indicating that, in the opinion of the counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle.
8. A license to a person who has been adjudged to be incapacitated pursuant to section 14‑5304 and who at the time of application has not obtained either a court order that allows the person to drive or a termination of incapacity as provided by law.
9. A license to a person who is required by this chapter to take an examination unless the person successfully passes the examination.
10. A license to a person who is required under the motor vehicle financial responsibility laws of this state to deposit proof of financial responsibility and who has not deposited the proof.
11. A license to a person if the department has good cause to believe that the operation of a motor vehicle on the highways by the person would threaten the public safety or welfare.
12. A license to a person whose driver license has been ordered to be suspended pursuant to section 25‑518 except as provided in section 28‑3175.
13. A class A, B or C license to a person whose license or driving privilege has been canceled until the cause for the cancellation has been removed.
14. A class A, B or C license or instruction permit to a person whose state of domicile is not this state.
15. A class A, B or C license to a person who fails to demonstrate proficiency in the English language as determined by the department.
B. The department shall not issue a driver license to or renew the driver license of the following persons:
1. A person about whom the court notifies the department that the person violated the person's written promise to appear in court when charged with a violation of the motor vehicle laws of this state until the department receives notification in a manner approved by the department that the person appeared either voluntarily or involuntarily or that the case has been adjudicated, that the case is being appealed or that the case has otherwise been disposed of as provided by law.
2. If notified pursuant to section 28‑1601, a person who fails to pay a civil penalty as provided in section 28‑1601, except for a parking violation, until the department receives notification in a manner approved by the department that the person paid the civil penalty, that the case is being appealed or that the case has otherwise been disposed of as provided by law.
C. The magistrate or the clerk of the court shall provide the notification to the department prescribed by subsection B of this section.
D. Notwithstanding any other law, the department shall not issue to or renew a driver license or nonoperating identification license for a person who does not submit proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law. For an application for a driver license or a nonoperating identification license, the department shall not accept as a primary source of identification a driver license issued by a state if the state does not require that a driver licensed in that state be lawfully present in the United States under federal law. The director shall adopt rules necessary to carry out the purposes of this subsection. The rules shall include procedures for:
1. Verification that the applicant's presence in the United States is authorized under federal law.
2. Issuance of a temporary driver permit pursuant to section 28‑3157 pending verification of the applicant's status in the United States.
Sec. 4. Section 28-3160, Arizona Revised Statutes, is amended to read:
28-3160. Applications of minors; liability
A. Except as provided in section 28‑3161, the following person or persons shall sign and verify before a person authorized to administer oaths the application of a person under eighteen years of age for an instruction permit, a class G, or M or N driver license or an endorsement to a class G or M driver license:
1. If both the father and mother of the applicant are living, have custody of the applicant and are married to each other, either the father or the mother of the applicant.
2. If both the father and mother of the applicant are living, have custody of the applicant and are not married to each other, both the father and mother of the applicant.
3. If one parent of the applicant has custody of the applicant, the parent who has custody.
4. If neither parent of the applicant is living, the person or guardian who has custody of the applicant or an employer of the applicant.
5. If the applicant resides with a foster parent, the foster parent.
6. If there is no guardian or employer of the applicant, a responsible person who is willing to assume the obligation imposed by this chapter on a person who signs the application of a minor.
B. Negligence or wilful misconduct of a minor when driving a motor vehicle on a highway is imputed to the person who signs the application of the minor for a permit or license. Except as otherwise provided in subsection D of this section, the person who signs the application is jointly and severally liable with the minor for damage caused by the negligence or wilful misconduct.
C. Notwithstanding section 25‑214, subsection C, a spouse who signs the application pursuant to subsection A of this section binds the marital community.
D. The parents or guardian of a minor are not liable under subsection B of this section during the time proof of financial responsibility is maintained by the minor or on behalf of the minor in the form and in amounts required by law for the operation of a motor vehicle the minor owns, or if the minor is not the owner of a motor vehicle, for the operation of any motor vehicle.
Sec. 5. Section 28-3171, Arizona Revised Statutes, is amended to read:
28-3171. Driver license expiration and renewal; exception; extension by mail
A. Except as provided in subsection B, D or E of this section and unless medical restrictions require a shorter expiration period, a driver license:
1. Is valid until the applicant's sixty‑fifth birthday.
2. Is renewable for successive periods of five years after the applicant's sixty‑fifth birthday.
3. Expires on the applicant's birthday if the license was issued pursuant to subsection B of this section.
B. Notwithstanding subsection A of this section:
1. The department shall issue to an applicant a driver license that is valid for not more than five years and six months if the applicant applies within six months of the applicant's next birthday and if the applicant is sixty‑four years of age or older, unless medical restrictions require a shorter expiration period.
2. On presentation of satisfactory proof of qualification, the director may issue a class D, G, or M or N license or permit for a period of up to five years to:
(a) A person who is an out‑of‑state student or who is the spouse of an out‑of‑state student. For the purposes of this subdivision, "out‑of‑state student" has the same meaning prescribed in section 28‑2001.
(b) An immediate family member of any active duty military personnel temporarily stationed in this state.
(c) Any other person for whom the director determines other circumstances justify the issuance.
C. An applicant shall apply for renewal of a driver license before the expiration of a current license. The department may require an examination of a renewal applicant for a class D, G, or M or N license as required of an original applicant.
D. A veteran, as defined in section 41‑601, whose driver license expires is not required to renew the veteran's driver license for six months from the date of the veteran's discharge from military service.
E. The department may extend the expiration date of a class D, or M or N license by mail for a resident if the applicant is not in this state at the time the license expires and will not be in this state for at least thirty consecutive days after the expiration of the driver license. On payment by the applicant of the fee prescribed in section 28‑3002, the department shall issue a certificate of extension that is valid only if accompanied by the applicant's previous license. An applicant for extension of a license by mail shall comply with the following:
1. The application requirements of section 28‑3158.
2. The licensing requirements of section 28‑3153.
3. Medical requirements applicable to all license applicants, except that the applicant is not required to obtain an eyesight examination.
Sec. 6. Section 28-3172, Arizona Revised Statutes, is amended to read:
28-3172. Driver license renewal by mail; application; requirements
A. On payment of the fee prescribed in section 28‑3002, the department may renew by mail a class D, G, or M or N license issued to the following persons:
1. A spouse or child who is living with a veteran who is assigned to active duty in the armed forces of the United States outside of this state. A driver license renewed by mail pursuant to this paragraph is not required to contain a photograph of the licensee. The department shall not renew a license by mail if the applicant would be denied a license if the applicant applied for the license while the applicant was in this state. An applicant for renewal of a driver license by mail pursuant to this paragraph shall comply with:
(a) The application requirements of section 28‑3158.
(b) The licensing requirements of section 28‑3153.
(c) Medical requirements applicable to all license applicants.
2. A person who meets all of the following requirements:
(a) According to the records of the department, the person's license has not been suspended, revoked, canceled or denied immediately preceding the determination of eligibility for renewal under this paragraph.
(b) Is renewing the license for the same class of license currently held.
(c) Is under seventy years of age.
(d) If sixty‑five years of age or older, has presented or mailed to the department on a form prescribed by the department a report based on a vision test by the department or an examination of the applicant's eyesight by an optometrist or an ophthalmologist or physician licensed to practice medicine. The vision test or examination shall be conducted not more than three months before the date of its submission.
B. The department shall notify a person who meets the requirements of subsection A, paragraph 2 of this section that the person may renew the person's license by mail and shall enclose an application as prescribed by the director. An applicant who renews a driver license by mail shall complete and return the application to the department.
C. The department shall issue a certificate of renewal to a qualified applicant that includes the applicant's name, date of birth, address and driver license expiration date, the number of the license renewed and other information that the department requires. The certificate is not valid until it is signed by the applicant and attached to the last license issued by this state that contains the photograph of the applicant.
D. The department shall decide if the eyesight reported by each applicant pursuant to subsection A, paragraph 2, subdivision (d) of this section is sufficient to meet current eyesight standards.
Sec. 7. Title 28, chapter 8, article 4, Arizona Revised Statutes, is amended by adding section 28-3175, to read:
28-3175. Class N driver licenses
A. A person who has been issued a driver license pursuant to this chapter that is suspended for any reason is eligible to apply for a class N driver license. The person may submit an application for the class N driver license in a form that is prescribed by the director.
B. If the department suspends or revokes a class N driver license of any person for any reason, the department shall not issue another class N driver license to that person.
C. A court may order the department to suspend or revoke a person's class N driver license if the person does either of the following:
1. While operating a neighborhood electric vehicle, commits a civil or criminal traffic violation pursuant to this title.
2. Operates a neighborhood electric vehicle that has been altered to exceed twenty‑five miles per hour.
