AMENDING SECTIONS 28-1601, 28-3002, 28-3101, 28-3152, 28-3164, 28-3171,
28-3172 AND 28-3301, ARIZONA REVISED STATUTES; AMENDING SECTION 28-3001,
ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1999, CHAPTER 11, SECTION 13;
RELATING TO DRIVER LICENSES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1601, Arizona Revised Statutes, is amended to read:
A. A person shall pay all civil penalties within thirty days from
entry of judgment, except that if payment within thirty days will place an
undue economic burden on a person, the court may extend the time for payment
or may provide for installment payments. If the civil penalty is not paid
or an installment payment is not made when due, the court may declare the
entire civil penalty due and, if so, the court shall notify the department
and the department shall promptly suspend the driver license or permit of the
driver
B. Notwithstanding subsection A of this section, if a civil penalty is paid on entry of judgment, the court may reduce the civil penalty by up to five per cent of the penalty imposed.
C. With the approval of the supreme court, the presiding judge of any court may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties and surcharges. Notwithstanding any other law, except a fine ordered as a result of a violation of section 28-1381 or 28-1382, the program may include authorizing up to a fifty per cent reduction in the total amount of a court ordered fine, penalty or surcharge that is due and that is delinquent for at least twelve months followed by an increased enforcement effort for a fine, penalty or surcharge that is not paid. The supreme court shall adopt rules of procedure for the programs.
D. If penalties are reduced pursuant to subsection C of this section, associated surcharges and assessments shall be reduced in proportion to the reduction. This subsection does not apply to section 12-116.
Sec. 2. Section 28-3001, Arizona Revised Statutes, as amended by Laws 1999, chapter 11, section 13, is amended to read:
In this chapter, unless the context otherwise requires:
1. "Cancellation" means the annulment or termination of a driver license because of an error or defect or because the licensee is no longer entitled to the license.
2. "Commercial driver license" means a license that is issued to an individual and that authorizes the individual to operate a class of commercial motor vehicles.
3. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle either:
(a) Has a gross combined weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds.
(b) Has a gross vehicle weight rating of twenty-six thousand one or more pounds.
(c) Is a school bus.
(d) Is a bus.
(e) Is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation act (49 United States Code sections 5101 through 5127) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title.
4. "Conviction" means a final conviction or judgment, including an order of a juvenile court finding that a juvenile has violated a provision of this title or has committed a delinquent act that if committed by an adult constitutes any of the following:
(a) Criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1.
(b) A felony offense in the commission of which a motor vehicle was 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.
(c) A forfeiture of bail or collateral deposited to secure a defendant's appearance in court that has not been vacated.
5. "Disqualification" means a prohibition from obtaining a commercial driver license or driving a commercial motor vehicle.
6. "Domicile" means the place where a person has the person's principal establishment and to which, when the person is absent, the person intends to return.
7. "Employer" means a person, including the United States, a state or a political subdivision of a state, that owns or leases a commercial motor vehicle or that assigns a person to operate a commercial motor vehicle.
8. "Endorsement" means an authorization that is added to an individual's driver license and that is required to permit the individual to operate certain types of vehicles.
9. "Foreign" means outside the United States.
10. "Gross vehicle weight rating" means the weight that is assigned by the vehicle manufacturer to a vehicle and that represents the maximum recommended total weight including the vehicle and the load for the vehicle.
11. "Judgment" means a final judgment and any of the following:
(a) The finding by a court that an individual is responsible for a civil traffic violation.
(b) An individual's admission of responsibility for a civil traffic violation.
(c) The voluntary or involuntary forfeiture of deposit in connection with a civil traffic violation.
(d) A default judgment entered by a court pursuant to section 28-1596.
12. "License class" means, for the purpose of determining the appropriate class of driver license required for the type of motor vehicle or vehicle combination a driver intends to operate or is operating, the class of driver license prescribed in section 28-3101.
13. "Nonresident commercial driver license" means a commercial driver license issued to an individual domiciled in a foreign country.
14. "Original applicant" means any of the following:
(a) An applicant who has never been licensed or cannot provide
evidence of licensing
(b) An applicant who is applying for a higher class of driver license than the license currently held by the applicant.
(c) An applicant who has a license from a foreign country.
15. "Revocation" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are terminated and shall not be renewed or restored, except that an application for a new license may be presented and acted on by the department after one year from the date of revocation.
16. "Suspension" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are temporarily withdrawn during the period of the suspension and until application for reinstatement is made.
17. "Vehicle combination" means a motor vehicle and a vehicle in excess of ten thousand pounds gross vehicle weight that it tows, if the combined gross vehicle weight rating is more than twenty-six thousand pounds.
Sec. 3. Section 28-3002, Arizona Revised Statutes, is amended to read:
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.
2. Except as provided in paragraph 1, for each original, renewal or reinstatement application for a class D or M 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, four dollars.
8. For each application for a duplicate of an instruction permit, two dollars.
9. In addition to the fees prescribed in paragraph 2
(
(b)
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.
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 transmit fees collected under this section to the state treasurer for immediate deposit in the Arizona highway user revenue fund.
Sec. 4. Section 28-3101, Arizona Revised Statutes, is amended to read:
A. Except as provided in subsection B 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 M. A class M license is valid for operating a motorcycle,
B. A class A, B, C or D 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.
Sec. 5. Section 28-3152, Arizona Revised Statutes, is amended to read:
A. Except as provided in subsection B, the following persons are exempt from licensing under this chapter:
1. Active duty military personnel while operating a military vehicle in the service of the armed forces of the United States.
2. A person while driving or operating a farm tractor or implement of husbandry that is temporarily operated or moved on a highway.
3. A person who is a nonresident, who is at least sixteen years of age and who has in the person's immediate possession a valid driver license issued to the person in the person's home state or country while the person is operating a motor vehicle requiring a class D license.
4. A person who is a nonresident, who is at least eighteen years of age and who has in the person's immediate possession a valid commercial driver license or classified license that is issued to the person in the person's home state or country and that authorizes operation of a commercial motor vehicle while the person is operating a motor vehicle requiring a class A, B or C license in this state, except that the person must be licensed under this chapter before accepting employment from a resident of this state involving the operation of a motor vehicle requiring a class A, B or C license.
5. A person who is a nonresident, who is at least eighteen years of age and whose home state or country does not require the licensing of operators while the person operates a motor vehicle requiring a class D license for a period of not more than ninety days in a calendar year, if the motor vehicle that the person is operating is duly registered in the home state or country of the nonresident.
B. A person who is a resident of a foreign country and who operates a commercial vehicle in this state shall obtain a commercial driver license of the proper class that is issued by this state or another state, if the foreign country does not grant reciprocal driver license privileges to operators of commercial vehicles who are residents of this state.
Sec. 6. Section 28-3164, Arizona Revised Statutes, is amended to read:
A. The department
1. A test of the applicant's:
(a) Eyesight.
(b) Ability to read and understand official traffic control devices.
(c) Knowledge of safe driving practices and the traffic laws of this state.
2. An actual demonstration of ability to exercise ordinary and reasonable control in the operation of a vehicle or vehicle combination of the type covered by the license classification or endorsement for which the applicant applies.
3. Other physical and mental examinations if the department finds them necessary to determine the applicant's fitness to safely operate a motor vehicle on the highways.
B. The department
C. The department shall examine a person who holds a driver license issued by another country and who applies for an initial license in this state as an original applicant, except that the department may waive an actual demonstration of the ability to exercise ordinary and reasonable control in the operation of a motor vehicle if the person applies for a class D license and appears to meet the department's medical qualifications and if the out of state license is not revoked or is not expired for more than one year.
D. The department may waive the driving examination for initial applicants for a class M license or a motorcycle endorsement if all of the following conditions exist:
1. The applicant's current license indicates the applicant has been specifically licensed to operate a motorcycle.
2. The applicant appears to meet the department's medical qualifications.
3. The applicant's out of state license is not revoked or is not expired for more than one year.
Sec. 7. Section 28-3171, Arizona Revised Statutes, is amended to read:
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
2. Is renewable for successive periods of five years after the
applicant's
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
2. On presentation of satisfactory proof of qualification, the director may issue a class D or M 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 or M 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 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. 8. Section 28-3172, Arizona Revised Statutes, is amended to read:
A. On payment of the fee prescribed in section 28-3002, the department may renew by mail a class D or M 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
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. 9. Section 28-3301, Arizona Revised Statutes, is amended to read:
A. The department may cancel a driver license or permit on determining any of the following:
1. The licensee was not entitled to the issuance of the license or permit under this chapter.
2. The licensee failed to give the required or correct information in the application or committed fraud in making the application.
3. A person who signed an application for a driver license or permit or who was issued a driver license or permit files a written request with the department for cancellation of the license or permit including all of the following information:
(a) The name of the licensee or permittee.
(b) The driver license or permit number.
(c) The date of birth of the licensee or permittee or the expiration date of the driver license or permit.
4. The licensee failed to respond to a request by the department to update the licensee's license.
5. THE LICENSEE HAS FAILED, REFUSED OR NEGLECTED TO PAY ANY FEE, TAX OR ASSESSMENT, OR A PENALTY ON THE FEE, TAX OR ASSESSMENT, DUE TO THE
DEPARTMENT OR FOR ITS ACCOUNT.
B. If the department determines that a person
C. Cancellation of a license or permit under this section does not affect a pending action against the licensee or permittee.
D. The cancellation of a license is without prejudice. A person whose license is canceled may apply for a new license at any time after the cancellation.
E. If voluntarily surrendered or requested by a licensee, the department shall cancel a nonoperating identification license. A nonoperating identification license canceled pursuant to this subsection is terminated without prejudice and shall be surrendered to the department.
F. THE DEPARTMENT MAY CANCEL A NONOPERATING IDENTIFICATION LICENSE IF THE LICENSEE HAS FAILED, REFUSED OR NEGLECTED TO PAY ANY FEE, TAX OR
ASSESSMENT, OR A PENALTY ON THE FEE, TAX OR ASSESSMENT, DUE TO THE DEPARTMENT
OR FOR ITS ACCOUNT.
Sec. 10.
Notwithstanding the expiration date on a driver license, a person who holds a valid driver license on the effective date of this act and who attains the age of sixty after the effective date of this act is not required to renew the person's driver license until the person's sixty-fifth birthday pursuant to section 28-3171, Arizona Revised Statutes, as amended by this act.
Sec. 11.
Section 28-3101, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after September 30, 1997.
APPROVED BY THE GOVERNOR APRIL 28, 1999.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 1999.
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