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United States
TITLE 28 - TRANSPORTATION SEARCH

  1. Chapter 1 DEFINITIONS, PENALTIES AND GENERAL PROVISIONS
    1. Article 1 Definitions
      1. 28-101 Definitions
    2. Article 2 General Penalties
      1. 28-121 Violation; classification; exception; civil traffic violation; penalty assessment
    3. Article 3 General Provisions
      1. 28-141 Prearranged ground transportation; applicability; definitions
      2. 28-142 Political subdivisions; public airports; taxis, livery vehicles and limousines
  2. Chapter 2 ADMINISTRATION
    1. Article 1 Transportation Board
      1. 28-301 Transportation districts
      2. 28-302 Transportation board; members; appointments; terms; compensation
      3. 28-303 Powers and duties of the board; meetings
      4. 28-304 Powers and duties of the board; transportation facilities
      5. 28-305 Powers and duties of the board; rules
      6. 28-306 Statewide transportation policy statement
      7. 28-307 Long‑range statewide transportation plan; board duties
    2. Article 2 Department of Transportation
      1. 28-331 Department of transportation established
      2. 28-332 Department of transportation jurisdiction; duties; divisions
      3. 28-333 Legal counsel
      4. 28-334 Acceptance and expenditure of federal monies; limitations
      5. 28-335 Comprehensive financial management system
    3. Article 3 Director of the Department of Transportation
      1. 28-361 Director; appointment; compensation
      2. 28-362 Deputy director of the department
      3. 28-363 Duties of the director; administration
      4. 28-364 Powers of the director
      5. 28-365 Disposition of fees
      6. 28-366 Director; rules
      7. 28-367 Public transit
      8. 28-368 Property acquisition; definition
      9. 28-369 Law enforcement powers; ports of entry; violation; classification
      10. 28-370 Oaths and acknowledgments; power of attorney; definition
      11. 28-371 Surety bond
      12. 28-372 Returned checks; fee
      13. 28-373 Refunds; limitations
      14. 28-374 Fees and taxes; alternative payment methods; penalties
      15. 28-375 Alternative office hours for motor vehicle division offices
    4. Article 4 Agreements
      1. 28-401 Intergovernmental agreements
      2. 28-402 Intergovernmental agreements; ports of entry
      3. 28-403 Interstate agreements; commercial vehicle registration
      4. 28-404 Interstate agreements; fee and tax exemptions
      5. 28-405 Contract; civil penalty collection
      6. 28-406 Interstate agreements; dealer or manufacturer plates
      7. 28-407 Agreements with other jurisdictions; parking privileges
      8. 28-408 Agreements with nonpublic entities
      9. 28-409 Agreements with public and private entities; fund
      10. 28-410 Computer software agreements
      11. 28-411 Prompt payment; progress payment; consultants and contractors; subconsultants and subcontractors
    5. Article 5 Records
      1. 28-440 Definitions
      2. 28-441 Duplication of records
      3. 28-442 Records; evidence
      4. 28-443 Records; management; destruction
      5. 28-444 Computer storage; evidence
      6. 28-445 Seal; authentication of records
      7. 28-446 Fees for copies; exemptions
      8. 28-447 Public records
      9. 28-448 Notice of address or name change; address update; civil traffic violation
      10. 28-449 Information requests for public records
      11. 28-451 Maintaining records
      12. 28-453 Electronic transfer of information
      13. 28-454 Records maintained by department of transportation; redaction; definitions
      14. 28-455 Release of personal information; fees
      15. 28-456 Subsequent sale or disclosure of record information by authorized recipient
      16. 28-457 Unlawful acts; classification; civil actions
      17. 28-458 Motor vehicle records release; department review panel
    6. Article 6 Unblended Gasoline Shortages
      1. 28-481 Definitions
      2. 28-482 Department survey
      3. 28-483 Determination of shortage; declaration
      4. 28-484 State set‑aside volume
      5. 28-485 Assignment of set‑aside
      6. 28-486 Liaison designation
      7. 28-487 Limitation of supply requirement
      8. 28-488 Price
      9. 28-489 Application
      10. 28-490 Appeal
    7. Article 7 Transportation Planning
      1. 28-501 Definition of division
      2. 28-502 Transportation planning; uniform practices; requirements
      3. 28-503 Performance based planning and programming
      4. 28-504 Transportation system performance measures; data collection and reporting; methodologies
      5. 28-505 Transportation system performance factors; weights
      6. 28-506 Long‑range statewide transportation plan; division duties
      7. 28-507 Transportation system database
  3. Chapter 3 TRAFFIC AND VEHICLE REGULATION
    1. Article 1 Definitions and Powers of Governor
      1. 28-601 Definitions
      2. 28-602 Powers of governor; federal highway safety act
    2. Article 2 Obedience to and Effect of Traffic Laws
      1. 28-621 Applicability to vehicles on highways; exceptions
      2. 28-622 Failure to comply with police officer; classification
      3. 28-622.01 Unlawful flight from pursuing law enforcement vehicle; classification; vehicle marking required
      4. 28-623 Obedience by public officers and employees; exceptions
      5. 28-624 Authorized emergency vehicles
      6. 28-625 Persons riding animals or driving animal drawn vehicles
      7. 28-626 Uniform application of laws throughout state; local ordinances or regulations
      8. 28-627 Powers of local authorities
      9. 28-628 Rights of real property owners
    3. Article 3 Traffic Signs, Signals and Markings
      1. 28-641 Traffic control device manual and specifications
      2. 28-642 Traffic control signs on state highways; rules
      3. 28-643 Local traffic control devices
      4. 28-644 Obedience to and required traffic control devices
      5. 28-645 Traffic control signal legend
      6. 28-646 Pedestrian control signals; loitering prohibited
      7. 28-647 Flashing signals
      8. 28-648 Display of unauthorized signs, signals or markings
      9. 28-649 Interference with official traffic control device or railroad sign or signal; possession of traffic preemption emitter; classification; definition
      10. 28-650 Warning devices at construction sites
      11. 28-651 Use of private property to avoid traffic control device prohibited
      12. 28-652 State highway work zones; definition
      13. 28-653 Flagger training and certification; exception
      14. 28-654 Photo enforcement zones; signage; standards; citation dismissal
    4. Article 4 Accidents
      1. 28-661 Accidents involving death or personal injuries; failure to stop; classification; driver license revocation
      2. 28-662 Accidents involving damage to vehicle; failure to stop; classification; driver license suspension
      3. 28-663 Duty to give information and assistance; classification
      4. 28-664 Duty on striking unattended vehicle; classification
      5. 28-665 Striking fixtures on a highway; classification
      6. 28-666 Notice of accident
      7. 28-667 Written accident report; definition
      8. 28-668 Accidents involving death to drivers; testing alcohol concentration
      9. 28-669 Accident report forms
      10. 28-670 Accident report analysis
      11. 28-671 Accident reports required by city or town
      12. 28-672 Causing serious physical injury or death by a moving violation; classification; penalties
      13. 28-673 Traffic accidents; implied consent; tests
      14. 28-674 Traffic accidents; quick clearance
      15. 28-675 Causing death by use of a vehicle; classification
      16. 28-676 Causing serious physical injury by use of a vehicle; classification
    5. Article 5 Reckless and Aggressive Driving
      1. 28-693 Reckless driving; classification; license; surrender
      2. 28-695 Aggressive driving; violation; classification; definition
    6. Article 6 Speed Restrictions
      1. 28-701 Reasonable and prudent speed; prima facie evidence; exceptions
      2. 28-701.02 Excessive speeds; classification
      3. 28-702 State highway speed limits
      4. 28-702.01 Urbanized areas; waste of a finite resource; civil penalties
      5. 28-702.03 Maximum speed limit violation on interstate highway system in another state; effect
      6. 28-702.04 Maximum speed limit on interstate highways outside urbanized areas; definition
      7. 28-703 Alteration of speed limits by local authority
      8. 28-703.01 End of speed zone; signs required
      9. 28-703.02 Establishing speed on multiple lane highways
      10. 28-704 Minimum speed limits; requirement to turn off roadway
      11. 28-705 Special speed limitation; motor driven cycles
      12. 28-706 Special speed limitations
      13. 28-707 Charging speed violation; burden of proof; findings
      14. 28-708 Racing on highways; classification; exception; definitions
      15. 28-709 Maximum speed limit for large vehicles and vehicles with trailers
      16. 28-710 State highway work zone safety; civil penalty; fund
    7. Article 7 Driving on Right Side of Roadway, Overtaking and Passing
      1. 28-721 Driving on right side of roadway; exceptions
      2. 28-722 Passing vehicles proceeding in opposite directions
      3. 28-723 Overtaking a vehicle on the left
      4. 28-724 Overtaking on the right
      5. 28-725 Limitations on overtaking on the left
      6. 28-726 Limitations on driving to left of roadway center
      7. 28-727 No passing zones
      8. 28-728 One‑way roadways and rotary traffic islands
      9. 28-729 Driving on roadways laned for traffic
      10. 28-730 Following too closely
      11. 28-731 Driving on divided highways
      12. 28-732 Restricted access
      13. 28-733 Restrictions on use of controlled access highway
      14. 28-734 Driving through safety zone
      15. 28-735 Overtaking bicycles; civil penalties
      16. 28-736 Use of highway lanes; restrictions
      17. 28-737 High occupancy vehicle lanes; civil penalty; definitions
    8. Article 8 Turning, Starting and Signals on Stopping and Turning
      1. 28-751 Required position and method of turning
      2. 28-752 Limitations on turning around
      3. 28-753 Starting parked vehicle
      4. 28-754 Turning movements and required signals
      5. 28-755 Hand or arm signals or signal device
      6. 28-756 Method of giving hand and arm signals
    9. Article 9 Right-of-way
      1. 28-771 Vehicle at intersection; exception; entering freeway
      2. 28-772 Vehicle turning left at intersection
      3. 28-773 Through highway; intersection entrance
      4. 28-774 Highway access from private road or driveway
      5. 28-775 Authorized emergency vehicles; approaching; following fire apparatus; defensive driving schools; driver license examinations
      6. 28-776 Funeral procession right‑of‑way; funeral escort vehicles; certification; fee; definition
    10. Article 10 Pedestrian Rights and Duties
      1. 28-791 Pedestrians subject to traffic rules
      2. 28-792 Right‑of‑way at crosswalk
      3. 28-793 Crossing at other than crosswalk
      4. 28-794 Drivers to exercise due care
      5. 28-795 Pedestrians to use right half of crosswalk
      6. 28-796 Pedestrian on roadways
      7. 28-797 School crossings; civil penalty; assessment; definition
    11. Article 11 Operation of Bicycles
      1. 28-811 Parent and guardian responsibility; applicability of article
      2. 28-812 Applicability of traffic laws to bicycle riders
      3. 28-813 Riding on bicycles
      4. 28-814 Clinging to vehicle
      5. 28-815 Riding on roadway and bicycle path; bicycle path usage
      6. 28-816 Carrying article on bicycle
      7. 28-817 Bicycle equipment
      8. 28-818 Bicycle safety fund
    12. Article 12 Special Stops Required
      1. 28-851 Approach of train; signal
      2. 28-852 Dangerous railroad grade crossing
      3. 28-853 Railroad grade crossing; stop required of certain vehicles
      4. 28-854 Railroad grade crossing; moving heavy equipment; exception; definition
      5. 28-855 Stop signs; yield signs
      6. 28-856 Emerging from alley, driveway or building
      7. 28-857 School bus signs; overtaking and passing school bus; violation; driver license suspension; civil penalty
      8. 28-857.01 Overtaking and passing school bus; report by school bus operator; notification letter
      9. 28-858 Approaching horses and livestock
    13. Article 13 Stopping, Standing or Parking
      1. 28-871 Stopping, standing or parking outside business or residence district
      2. 28-872 Removal of vehicles; notice; liability for costs; hearing
      3. 28-873 Stopping, standing or parking prohibitions; exceptions; definition
      4. 28-874 Additional parking rules
      5. 28-875 Law enforcement exception
      6. 28-876 Parking spaces for electric vehicles; civil penalty
      7. 28-877 Alternative fuel vehicles; parking in carpool parking spaces
    14. Article 14 Parking for Persons with Physical Disabilities
      1. 28-881 Parking restrictions; applicability
      2. 28-882 Parking spaces for physically disabled persons
      3. 28-883 Agreements with other jurisdictions; reciprocity
      4. 28-884 Parking space for physically disabled persons; prohibition
      5. 28-885 Civil traffic violation; civil penalty; recall of placards and plates
      6. 28-886 Volunteer program
    15. Article 15 Miscellaneous Rules
      1. 28-891 Backing limitations
      2. 28-892 Riding on motorcycle or all‑terrain vehicle
      3. 28-893 Obstruction to view; interference with driving
      4. 28-894 Driving on mountain highways
      5. 28-895 Coasting prohibited
      6. 28-896 Towing trailer; lateral sway
      7. 28-897 Crossing fire hose
      8. 28-898 Objects on roadway; prohibition
      9. 28-899 Barbed wire; damages
      10. 28-900 School bus rules
      11. 28-901 Maximum number in school bus; stops at school
      12. 28-902 Repainting government vehicle
      13. 28-903 Operation of motorcycle on laned roadway; exceptions
      14. 28-904 Driving on sidewalk
      15. 28-905 Opening vehicle door
      16. 28-906 Mechanical raising and lowering devices
      17. 28-907 Child passenger restraint system; civil penalty; exemptions; notice; child passenger restraint fund; definitions
      18. 28-908 Persons in wheelchairs or on electric personal assistive mobility devices
      19. 28-909 Vehicle restraints required; exceptions; civil penalty
      20. 28-910 Liability for emergency responses in flood areas; definitions
      21. 28-911 Electric personal assistive mobility devices
      22. 28-912 Vehicles transporting equine; violation; classification; definitions
    16. Article 16 Equipment
      1. 28-921 Applicability of equipment requirements
      2. 28-922 Lighted lamps required
      3. 28-923 Visibility distance; mounted height of lamps
      4. 28-924 Motor vehicle head lamps
      5. 28-925 Tail lamps
      6. 28-926 New motor vehicles; reflectors
      7. 28-927 Stop lamps
      8. 28-928 Applicability of lighting laws
      9. 28-929 Additional lighting equipment required on certain vehicles
      10. 28-930 School bus lighting equipment; standards and specifications
      11. 28-931 Lamp colors
      12. 28-932 Reflector and lamp mountings
      13. 28-933 Reflector and lamp visibility
      14. 28-934 Obstructed lights not required
      15. 28-935 Lamp or flag on projecting load
      16. 28-936 Lamps on parked vehicles
      17. 28-937 Lamps on other vehicles and equipment
      18. 28-938 Spot and auxiliary lamps
      19. 28-939 Signal lamps and devices
      20. 28-940 Additional lighting equipment
      21. 28-941 Multiple beam road lighting equipment arrangement
      22. 28-942 Multiple beam road lighting equipment usage
      23. 28-943 Single beam road lighting equipment
      24. 28-944 Lighting equipment on motor driven cycles
      25. 28-945 Alternate road lighting equipment
      26. 28-946 Number of driving lamps required or permitted
      27. 28-947 Special restrictions on lamps
      28. 28-948 Snow removal equipment lamps
      29. 28-949 Selling or using lamps
      30. 28-950 Department authority; lighting devices
      31. 28-951 Suspension or revocation; certificate of approval on lighting devices
      32. 28-952 Required brake equipment
      33. 28-952.01 Brake fluid standards; sale prohibited; definition
      34. 28-953 Brakes on all‑terrain vehicles and motor driven cycles
      35. 28-954 Horns and warning devices
      36. 28-955 Mufflers; noise and air pollution prevention; emissions control devices; civil penalty; exception
      37. 28-955.01 Motorcycles; noise level equipment; unauthorized equipment
      38. 28-955.02 Motorcycle noise level rules
      39. 28-955.03 Exemption for racing motorcycles; definition
      40. 28-955.04 Exhaust system; visual inspection; requirements; civil penalty
      41. 28-956 Mirrors
      42. 28-957 Windshield wipers required; golf cart exception
      43. 28-957.01 Windshields required
      44. 28-958 Tire equipment restrictions
      45. 28-958.01 Rear fender splash guards
      46. 28-959 Safety glass required; applicability; approval list; denial or suspension of registration; definition
      47. 28-959.01 Materials on windows or windshield; exceptions; requirements; violation; definitions
      48. 28-960 Flares; warning devices; requirements
      49. 28-961 Display of warning devices; disabled vehicle
      50. 28-962 Vehicles transporting explosives; rules
      51. 28-963 Television prohibition
      52. 28-964 Motorcycles; all‑terrain vehicles; motor driven cycles; equipment; exception; prohibition
      53. 28-965 Fuel tank caps
      54. 28-966 Neighborhood electric vehicles; speed; restrictions
    17. Article 17 Inspection of Vehicles
      1. 28-981 Vehicle equipment; safety requirement
      2. 28-982 Vehicle and equipment inspection; notice of repair or adjustment
      3. 28-983 Compliance with inspection laws; operation prohibited
      4. 28-984 School bus inspection; rules
    18. Article 18 Vehicle Size, Weight and Load
      1. 28-1091 Violation; scope and effect
      2. 28-1092 Reasonable access; definitions
      3. 28-1093 Vehicle width; exceptions
      4. 28-1094 Vehicle height; exceptions; special permits
      5. 28-1095 Vehicle length; exceptions; permits; rules; definitions
      6. 28-1096 Projecting loads on passenger vehicles
      7. 28-1097 Maximum load extensions; length limitations for pole trailers
      8. 28-1098 Vehicle loads; restrictions; civil penalties
      9. 28-1099 Single axle load limit; exception
      10. 28-1100 Vehicles and loads; gross weight restrictions; exception
      11. 28-1101 Weight violations; civil penalty; classification; procedures; evidence
      12. 28-1102 Weighing of vehicles and loads; violation; classification; civil penalty
      13. 28-1103 Excess size and weight special permits; definition
      14. 28-1104 Issuance of special permits; rules
      15. 28-1105 Special permit fees
      16. 28-1106 Restriction on highway usage
      17. 28-1107 Liability; highway or structure damage
      18. 28-1108 Vehicle towing; rules; contractual agreement for towing services; weight exemption
      19. 28-1109 Motor vehicle towing advisory council
      20. 28-1110 Escort vehicle operation; training and certification; exemption
    19. Article 19 Envelope Permits
      1. 28-1141 Definitions
      2. 28-1142 Application
      3. 28-1143 Fees
      4. 28-1144 Issuing envelope permits; restrictions; requirements
      5. 28-1145 Third party permit issuance
      6. 28-1146 Administration
      7. 28-1147 Revocation or suspension of envelope permits and privileges
      8. 28-1148 Liability
      9. 28-1149 Records; inspection
      10. 28-1150 Overdimensional permit council
      11. 28-1151 Violation; classification
    20. Article 20 Off-highway Vehicles
      1. 28-1171 Definitions
      2. 28-1172 Applicability; private and Indian lands
      3. 28-1173 Enforcement
      4. 28-1174 Operation restrictions; violation; classification
      5. 28-1175 Instruction course; fee
      6. 28-1176 Off‑highway vehicle recreation fund
  4. Chapter 4 DRIVING UNDER THE INFLUENCE
    1. Article 1 General Provisions
      1. 28-1301 Definitions
      2. 28-1302 Applicability of chapter
      3. 28-1303 Oversight council on driving or operating under the influence abatement
      4. 28-1304 Driving under the influence abatement fund
    2. Article 2 Implied Consent and Tests
      1. 28-1321 Implied consent; tests; refusal to submit to test; order of suspension; hearing; review; temporary permit; notification of suspension; special ignition interlock restricted driver license
      2. 28-1322 Preliminary breath tests; rules on approval of devices
      3. 28-1323 Admissibility of breath test or other records
      4. 28-1324 Breath test rules
      5. 28-1325 Breath test operator permits
      6. 28-1326 Blood test; rules; permits
      7. 28-1327 Reproduction of records; admissibility; computer storage; definition
    3. Article 3 Driving Under the Influence
      1. 28-1381 Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
      2. 28-1382 ; Version 2Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
      3. 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
      4. 28-1383 Aggravated driving or actual physical control while under the influence; violation; classification; definition
      5. 28-1384 Aggravated driving or actual physical control while under the influence; forfeiture of vehicle
      6. 28-1385 Administrative license suspension for driving under the influence; report; hearing; summary review
      7. 28-1386 Operating a motor vehicle, aircraft, watercraft or water skis under the influence; emergency response costs; definitions
      8. 28-1387 Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures
      9. 28-1388 Blood and breath tests; violation; classification; admissible evidence
      10. 28-1389 Waiver of fine, surcharge or assessment
      11. 28-1390 Emergency personnel; law enforcement
    4. Article 3 .1Special Ignition Interlock Restricted Driver Licenses
      1. 28-1401 Special ignition interlock restricted driver licenses; application fee
      2. 28-1402 Issuance of special ignition interlock restricted driver license; restrictions; extension
      3. 28-1403 Extension of interlock restricted licenses; hearing; scope
    5. Article 4 Judicial and Administrative Provisions
      1. 28-1441 Driving under the influence; records
      2. 28-1442 Driving under the influence; records; reporting
      3. 28-1443 Minimum security facility
      4. 28-1444 Reimbursement of incarceration costs
    6. Article 5 Ignition Interlock Devices
      1. 28-1461 Use of certified ignition interlock devices
      2. 28-1462 Ignition interlock device certification; installer bonds
      3. 28-1463 Proof of compliance; suspension; hearings
      4. 28-1464 Ignition interlock devices; violations; classification; definition
      5. 28-1465 Rule making; manufacturers and installers
      6. 28-1466 Display of certification; transfer prohibited
      7. 28-1467 Installer and manufacturer certification; cancellation; notice
  5. Chapter 5 PENALTIES AND PROCEDURES FOR VEHICLE VIOLATIONS
    1. Article 1 Definitions
      1. 28-1501 Definitions
    2. Article 2 Penalties and Violations
      1. 28-1521 Violation; civil penalty
      2. 28-1522 Injuring or preventing operation of vehicle; classification; emergency exception
      3. 28-1523 Transporting hazardous material; violation; classification
      4. 28-1524 Offense by person owning or controlling vehicle; classification
    3. Article 3 Criminal Violations and Traffic Complaints
      1. 28-1551 Parties to a crime
      2. 28-1552 Jurisdiction of municipal and justice courts
      3. 28-1553 Hearing officers; civil traffic violations
      4. 28-1554 Disposition of fees, fines, forfeitures and civil penalties
      5. 28-1555 Traffic violation charge; juveniles
      6. 28-1556 Applicability of procedures; arrest without warrant
      7. 28-1557 Traffic complaint form
      8. 28-1558 Traffic complaints; disposition; records
      9. 28-1559 Traffic case records; abstract of record; reports
      10. 28-1560 Illegal cancellation of traffic citation; classification; audit
      11. 28-1561 Certification of uniform traffic complaint forms; false certification
    4. Article 4 Procedures for Civil Traffic Violations
      1. 28-1591 Traffic violations; civil matters; service
      2. 28-1592 Commencement of action
      3. 28-1593 Service of uniform traffic complaint
      4. 28-1594 Authority to detain persons
      5. 28-1595 Failure to stop or provide driver license or evidence of identity; violation; classification
      6. 28-1596 Traffic complaint; proceedings
      7. 28-1597 Witnesses; nonapplicability of rules of civil procedure
      8. 28-1598 Maximum civil penalty
      9. 28-1599 Admission; evidence of negligence
      10. 28-1600 Appeal
      11. 28-1601 Failure to pay civil penalty; suspension of privilege to drive; collection procedure
      12. 28-1630 Definitions
    5. Article 5 Traffic Ticket Enforcement Assistance Program
      1. 28-1631 Traffic ticket enforcement assistance program; establishment
      2. 28-1632 Refusal to renew registration; fees
      3. 28-1633 Contracts
      4. 28-1634 Registration allowed
      5. 28-1635 Waiver
      6. 28-1636 Rules
    6. Article 6 Traffic Violations by Diplomats
      1. 28-1651 Applicability
      2. 28-1652 Law enforcement officer duties
      3. 28-1653 Documents and records
      4. 28-1654 Department of state
  6. Chapter 6 AGREEMENTS AND COMPACTS
    1. Article 1 Vehicle Equipment Safety Compact
      1. 28-1801 Definition of executive head
      2. 28-1802 Adoption of compact
      3. 28-1803 Director as member of commission
      4. 28-1804 Commission action; legislative approval
      5. 28-1805 Filing documents; notices to commission member
      6. 28-1806 Budget submission; records inspection
      7. 28-1807 Conflict of interest; penalty
    2. Article 2 Multistate Highway Transportation Agreement
      1. 28-1821 Adoption of agreement
      2. 28-1822 Selection of designated representatives
      3. 28-1823 Compensation of designated representative
      4. 28-1824 Participation in multistate highway transportation agreement; funding
    3. Article 3 Driver License Compact
      1. 28-1851 Definitions
      2. 28-1852 Adoption of compact
      3. 28-1853 Exchange of information
      4. 28-1854 Compensation and expenses of administrator
      5. 28-1855 Report by courts and agencies
    4. Article 4 Nonresident Violator Compact
      1. 28-1871 Definitions
      2. 28-1872 Adoption of compact
      3. 28-1873 Documents; duties
      4. 28-1874 Compensation and expenses of administrator
  7. Chapter 7 CERTIFICATE OF TITLE AND REGISTRATION
    1. Article 1 General Provisions
      1. 28-2001 Definitions
      2. 28-2002 Assessor or director as county agent
      3. 28-2003 Fees; vehicle title and registration; identification plate; definition
      4. 28-2004 Disposition of fees; highway user revenue fund
      5. 28-2005 Disposition of fees; county assessor's special registration fund
      6. 28-2006 Contract to transfer duties and responsibilities
      7. 28-2008 Duplicate certificate of title, permit, registration card or license plates
      8. 28-2009 Certificate of title; validity
      9. 28-2010 Motorcycle safety fund; administration; advisory council
      10. 28-2011 Vehicle inspections
      11. 28-2012 Vehicle inspection and title enforcement fund
      12. 28-2013 Disposition of property; deposit of proceeds
    2. Article 2 Certificate of Title and Registration
      1. 28-2051 Application for certificate of title; vision screening test
      2. 28-2052 Title and registration of foreign vehicles
      3. 28-2053 Certificate of title without registration
      4. 28-2054 Certificate of title; application processing
      5. 28-2055 Certificate of title; content requirements; delivery
      6. 28-2056 Transfer or registration of vehicle; collection of use tax
      7. 28-2057 Registration without certificate of title or bond; receipt; fee
      8. 28-2058 Transfer of title; odometer mileage disclosure statement
      9. 28-2059 Obtaining a certificate of title; revocation
      10. 28-2060 Transfer of ownership by operation of law
      11. 28-2061 New off‑road recreational motor vehicle; certificate of title; exemption
      12. 28-2062 Mobile home delinquent unsecured personal property tax list
      13. 28-2063 Mobile home certificate of title; exceptions; fee
      14. 28-2064 Electronic certificates of title system
    3. Article 3 Salvage, Seizure and Dismantling of Vehicles
      1. 28-2091 Salvage certificate of title; nonrepairable vehicle certificate of title; recovered vehicles; violation; classification; definitions
      2. 28-2092 Vehicle seizure
      3. 28-2093 Sale of seized vehicles or motors; disposition of proceeds
      4. 28-2094 Dismantling motor vehicle; application fee; certificate of title; exemption
      5. 28-2095 Restored salvage certificate of title; inspections; definitions
      6. 28-2096 Flood or water damaged vehicles
      7. 28-2097 Modular motor homes; definition
    4. Article 4 Vehicle Liens and Encumbrances
      1. 28-2131 Liens and encumbrances; validity
      2. 28-2132 Indication of lien or encumbrance
      3. 28-2133 Index and filing of liens, encumbrances or instruments; constructive notice
      4. 28-2134 Satisfaction of lien or encumbrance; assignment of obligation by lienholder; civil penalty
      5. 28-2135 Perfection of security interest in inventory and mobile homes
      6. 28-2136 Unsatisfied liens
    5. Article 5 Registration Requirements Generally
      1. 28-2151 Registration by mail; postage fund
      2. 28-2152 Registration in county of residence; violation; classification; civil penalty; fee transfer
      3. 28-2153 Registration requirement; exceptions; assessment; violation; classification
      4. 28-2154 Special registrations
      5. 28-2154.01 Special ninety day nonresident registration permits; procedures
      6. 28-2155 One trip registration permit
      7. 28-2156 Temporary general use registration
      8. 28-2157 Application for registration
      9. 28-2158 Registration card
      10. 28-2159 Staggered registration
      11. 28-2161 Nonpayment of fees, taxes and assessments; consequences
      12. 28-2162 Delinquent registration; penalty; lien; failure to apply for title; waiver
      13. 28-2163 Cancellation of registration
      14. 28-2164 Reregistration on becoming liable for weight fee
      15. 28-2165 Special serial or identification number
      16. 28-2166 Registration of vehicle rented without a driver; liability insurance; joint liability; violation; classification; definition
      17. 28-2167 Commercial vehicle registration; financial responsibility
      18. 28-2168 Federal heavy vehicle use tax; enforcement assistance
      19. 28-2169 Intrastate commercial vehicle registration; required numbers
    6. Article 6 Fleet Registration
      1. 28-2201 Definition of fleet
      2. 28-2202 Fleet registration; requirements
      3. 28-2203 Registration card; sticker
      4. 28-2204 Department as registering officer; vehicle license tax distribution; definition
      5. 28-2205 New fleet registrant; fees; taxes
      6. 28-2206 Additions to fleet; fee
      7. 28-2207 Renewal of fleet registration; deletion of vehicle
      8. 28-2208 Fleet utility trailers; five year registration; definition
    7. Article 7 International Proportional Registration
      1. 28-2231 Definitions
      2. 28-2232 International proportional registration authority; rules
      3. 28-2233 Interstate commercial fleet registration; application; restrictions
      4. 28-2234 Owner‑operators
      5. 28-2235 Interstate commercial fleet registration; trailers; fees
      6. 28-2236 Interstate commercial fleet registration; identification; fee; registration card
      7. 28-2237 Additional vehicles
      8. 28-2238 Records; audits; interest; penalty
      9. 28-2239 Temporary proportional registrations; fee
    8. Article 8 Alternative Proportional Registration
      1. 28-2261 Alternative proportional registration agreements; authority; rules
      2. 28-2262 Alternative proportional registration agreements; restriction; contents
      3. 28-2263 Withdrawal of vehicle
      4. 28-2264 Trailers
      5. 28-2265 Owner‑operators; permit
      6. 28-2266 Registration requirements; fees; registration card
      7. 28-2267 Temporary registrations; fee
      8. 28-2268 Audit costs
      9. 28-2269 Proportional registration or alternative procedure agreements; transfer of license plates
    9. Article 9 Nonresident Daily Commuter
      1. 28-2291 Definition of nonresident daily commuter
      2. 28-2292 Nonresident daily commuter vehicle operation
      3. 28-2293 Application
      4. 28-2294 ; Version 2Nonresident daily commuter; identification card; fee
      5. 28-2294 Nonresident daily commuter; identification card; fee
      6. 28-2295 Display of indicia
    10. Article 10 Nonresident Responsibility
      1. 28-2321 Registration requirement for nonresident's vehicle
      2. 28-2322 License plate requirement for nonresident's foreign vehicle
      3. 28-2323 Exemptions from fees; special registration permit
      4. 28-2324 Limited registration; fees; violation
      5. 28-2325 Single trip permit; fees
      6. 28-2326 Acceptance of rights and privileges; appointment for service of process
      7. 28-2327 Service on director; notice to nonresident; fee; proof of service
      8. 28-2328 Violation; classification
    11. Article 11 License Plates Generally
      1. 28-2351 License plate provided; design
      2. 28-2352 License plate; return; replacement; fee
      3. 28-2353 Special license plate replacement fee
      4. 28-2354 ; Version 2License plates; attachment
      5. 28-2354 License plates; attachment
      6. 28-2355 License plates; tabs; stickers
      7. 28-2356 Transfer of license plates to another vehicle; credit; refund
    12. Article 12 Special Plates
      1. 28-2401 Definitions
      2. 28-2402 Special plate fees
      3. 28-2403 Special plates; transfers; violation; classification
      4. 28-2404 Special organization plates; state highway fund account; definitions
      5. 28-2405 License plate commission
      6. 28-2406 Personalized special plates
      7. 28-2407 Amateur radio operator special plates
      8. 28-2408 Special plates for hearing impaired persons; placard; definition
      9. 28-2409 International symbol of access special plates; placard; definitions
      10. 28-2410 Honorary consular official special plates
      11. 28-2411 Personalized street rod vehicle special plates
      12. 28-2412 Collegiate special plates
      13. 28-2413 Environmental special plates
      14. 28-2414 Veteran special plates
      15. 28-2415 National guard member special plates
      16. 28-2416 Alternative fuel vehicle special plates; stickers; use of high occupancy vehicle lanes; definitions
      17. 28-2417 Child abuse prevention special plates
      18. 28-2418 Navajo nation special plates
      19. 28-2419 Transplantation awareness special plates; fund
      20. 28-2420 San Carlos Apache tribe special plates
      21. 28-2421 Character education special plates
      22. 28-2422 Spaying and neutering of animals special plates
      23. 28-2422.01 Companion animal spay and neuter committee
      24. 28-2422.02 Spaying and neutering of animals fund; definitions
      25. 28-2423 Breast and cervical cancer screening and diagnostic special plates
      26. 28-2424 Golden rule special plates
      27. 28-2425 White Mountain Apache tribe special plates
      28. 28-2426 Arizona professional baseball club special plates; fund
      29. 28-2427 Families of fallen police officers special plates
      30. 28-2428 Military support special plates
    13. Article 13 Honored Military License Plates
      1. 28-2451 Honored military license plates; procedures; transfers; violation; classification
      2. 28-2452 Congressional medal of honor license plates
      3. 28-2453 Former prisoner of war license plates; fees
      4. 28-2454 Purple heart medal recipient license plates; fees
      5. 28-2455 Pearl Harbor survivor license plates; fees
    14. Article 14 License Plates for Vehicles of Historic Value
      1. 28-2481 Historic value license plate fees
      2. 28-2482 License plates for horseless carriages; definition
      3. 28-2483 License plates for classic cars; definition
      4. 28-2484 License plates for historic vehicles; definition
      5. 28-2485 Safety requirements; compliance
      6. 28-2486 Retention of old certificate of title
      7. 28-2487 Model year date license plates
      8. 28-2488 Relinquishment of special plates
    15. Article 15 Distinctive Vehicles
      1. 28-2511 Official vehicles; registration exemption; definitions
      2. 28-2512 Off‑road recreational motor vehicle license plate; fee
      3. 28-2513 Mopeds
      4. 28-2514 Farm vehicle license plates; reciprocity; definitions
      5. 28-2515 Taxis; license plates
      6. 28-2516 Motorized electric or gas powered bicycles or tricycles; definition
    16. Article 16 Violations
      1. 28-2531 Registration; violation; classification; exceptions
      2. 28-2532 Registration; violation; civil penalties
      3. 28-2533 Registration; violation; additional civil penalty; disposition of civil penalty
  8. Chapter 8 MOTOR VEHICLE DRIVER LICENSES
    1. Article 1 General Provisions
      1. 28-3001 Definitions
      2. 28-3002 Fees; driver licenses; disposition
      3. 28-3003 Driver license fees; deposit
      4. 28-3004 License records
      5. 28-3005 Medical or psychological reports; immunity; definitions
      6. 28-3006 Driver license and nonoperating identification license applications; organ donation preference; reimbursement
    2. Article 2 Advisory Entities
      1. 28-3051 Medical advisory board
      2. 28-3052 Medical advisory board; powers and duties
      3. 28-3053 School bus advisory council
    3. Article 3 Driver License Classes and Endorsements
      1. 28-3101 Driver license classes
      2. 28-3102 Exceptions to driver license classes; definitions
      3. 28-3103 Driver license endorsements
    4. Article 4 General Licensing Provisions
      1. 28-3151 Driver license requirement
      2. 28-3152 Driver license; exemptions; limitation
      3. 28-3153 ; Version 2Driver license issuance; prohibitions
      4. 28-3153 Driver license issuance; prohibitions
      5. 28-3154 ; Version 2Instruction permit for a class D or G license
      6. 28-3154 Instruction permit for a class D or G license
      7. 28-3155 Restricted instruction permit
      8. 28-3156 ; Version 2Class M instruction permit
      9. 28-3156 Class M instruction permit
      10. 28-3157 Temporary driver permit
      11. 28-3158 Driver license or instruction permit application
      12. 28-3159 Restricted licenses
      13. 28-3160 Applications of minors; liability
      14. 28-3161 Application of student minor; instructor liability
      15. 28-3162 Cancellation of minor's driver license; release from liability
      16. 28-3163 Unlicensed minor; liability
      17. 28-3164 Original applicants; examination
      18. 28-3165 Nonoperating identification license; immunity; rules; emancipated minors
      19. 28-3166 Driver license content and application; marked licenses; emancipated minors
      20. 28-3167 Medical code information on license; rules; immunity
      21. 28-3168 Driver license and nonoperating identification license applications; selective service registration; reimbursement
      22. 28-3169 Possession and display of driver license; defense
      23. 28-3170 Duplicate permit or license
      24. 28-3171 Driver license expiration and renewal; exception; extension by mail
      25. 28-3172 Driver license renewal by mail; application; requirements
      26. 28-3173 License update
      27. 28-3174 ; Version 2Class G driver licenses; restrictions; civil penalties; motorcycles
      28. 28-3174 Class G driver licenses; motorcycles
    5. Article 5 Commercial Driver Licensing
      1. 28-3221 Commercial driver license
      2. 28-3222 State of domicile change
      3. 28-3223 Original applicant; requirements; expiration; renewal examination
      4. 28-3224 Nonresident commercial driver license
      5. 28-3225 Commercial driver instruction permit
      6. 28-3226 Limitation on number of driver licenses
      7. 28-3227 Commercial drivers; convictions; notification requirements; violation
      8. 28-3228 School bus drivers; requirements; rules; cancellation
    6. Article 6 Regulation
      1. 28-3301 License or permit cancellation
      2. 28-3302 Nonresident driver privilege; suspension or revocation; reporting convictions
      3. 28-3303 Suspension or revocation of driver license or privilege for actions outside of state
      4. 28-3304 Mandatory revocation of license; definition
      5. 28-3305 Court action on conviction
      6. 28-3306 Discretionary license suspension or revocation; traffic survival school; hearing
      7. 28-3307 Order to complete traffic survival school training and educational sessions; training fee
      8. 28-3308 Mandatory suspension; failure to appear
      9. 28-3309 License suspension and denial; improper use by persons under legal drinking age; improper use by persons under eighteen years of age; providing spirituous liquor to a minor; exceptions
      10. 28-3310 Improper use of license; peace officer affidavit; license suspension; hearing
      11. 28-3311 Concurrent suspensions
      12. 28-3312 Mandatory disqualification of commercial driver licenses; definition
      13. 28-3313 Record update
      14. 28-3314 License reexamination
      15. 28-3315 Period of suspension, revocation or disqualification; unlicensed drivers
      16. 28-3316 Operation of vehicle under a foreign license prohibited during suspension or revocation
      17. 28-3317 Appeal
      18. 28-3318 Service of notice; definition
      19. 28-3319 Action after license suspension, revocation or denial for driving under the influence or refusal of test; ignition interlock device requirement; definition
      20. 28-3320 Suspension of license for persons under eighteen years of age; notice; definition
      21. 28-3321 ; Version 2Moving violations by persons under eighteen years of age; traffic survival school; suspension
      22. 28-3321 Moving violations by persons under eighteen years of age; traffic survival school; suspension
      23. 28-3322 Suspension of license for persons eighteen, nineteen and twenty years of age; definition
    7. Article 7 Defensive Driving School
      1. 28-3391 Definition of court
      2. 28-3392 Defensive driving school; eligibility
      3. 28-3393 ; Version 2Defensive driving school attendance; primary provider
      4. 28-3393 Defensive driving school attendance; primary provider
      5. 28-3394 Successful course completion
      6. 28-3395 Supreme court authority and duties; rules; record
      7. 28-3396 Court diversion fee
      8. 28-3397 Additional fees; disposition
      9. 28-3398 Defensive driving school fund
      10. 28-3399 Audit
    8. Article 8 License Violations
      1. 28-3471 Violation; civil penalty
      2. 28-3472 Renting or leasing motor vehicle; restrictions
      3. 28-3473 Driving violations; classification
      4. 28-3474 Permitting unauthorized minor to drive; classification
      5. 28-3475 Permitting unauthorized person to drive
      6. 28-3476 Falsification of license; classification
      7. 28-3477 False certification; renewal of license by mail; classification
      8. 28-3478 Unlawful use of license; classification
      9. 28-3479 Perjury
      10. 28-3480 Operation in violation of restriction; classification
      11. 28-3481 Commercial motor vehicle drivers; violations; classification
    9. Article 9 Vehicle Immobilization, Impoundment and Storage
      1. 28-3511 Removal and immobilization or impoundment of vehicle
      2. 28-3512 Release of vehicle; civil penalties; definition
      3. 28-3513 Administrative charges
      4. 28-3514 Hearings; notice of immobilization or storage
      5. 28-3515 Unclaimed vehicles
  9. Chapter 9 VEHICLE INSURANCE AND FINANCIAL RESPONSIBILITY
    1. Article 1 General Provisions
      1. 28-4001 Definitions
      2. 28-4002 Director; duties
      3. 28-4003 Exceptions
      4. 28-4004 Transfer of registration
      5. 28-4005 Past application
      6. 28-4006 Legal processes
      7. 28-4007 Self‑insurers
      8. 28-4008 Assigned risk plans
      9. 28-4009 Motor vehicle liability policy requirements
      10. 28-4010 Motor vehicle liability policy; primary and excess coverage
      11. 28-4011 Bonds; motor carriers; amount; failure of security
    2. Article 2 Motor Carrier Financial Responsibility
      1. 28-4031 Definitions
      2. 28-4032 Persons subject to financial responsibility requirements
      3. 28-4033 Financial responsibility requirements
      4. 28-4034 Maintenance, certification and verification of financial requirements
      5. 28-4036 Violation; classification
      6. 28-4037 Foreign vehicles; exception
    3. Article 3 Proof of Financial Responsibility for the Future
      1. 28-4071 Nonpayment of judgments; report
      2. 28-4072 Nonpayment of judgments; suspension; exceptions
      3. 28-4073 Suspension length; reinstatement; designated fund
      4. 28-4074 Payments; satisfaction of judgments
      5. 28-4075 Installment payment of judgments; default
      6. 28-4076 Alternate methods of proof
      7. 28-4077 Certificate of insurance
      8. 28-4078 Certificate by nonresident
      9. 28-4081 Notice; cancellation or termination of policy
      10. 28-4082 Applicability to other policies
      11. 28-4084 Monies or certificates of deposit as proof; exception
      12. 28-4085 Proof by owner for others
      13. 28-4086 Substitution of proof
      14. 28-4087 Requirement of other proof
      15. 28-4088 Duration, cancellation and return of proof
    4. Article 4 Mandatory Motor Vehicle Insurance
      1. 28-4131 Definition of evidence
      2. 28-4132 Financial responsibility requirement exemptions
      3. 28-4133 Insurance identification cards; documentary evidence; exception
      4. 28-4134 Law enforcement officer responsibilities
      5. 28-4135 Motor vehicle financial responsibility requirement; civil penalties
      6. 28-4137 Mitigation; rules
      7. 28-4138 Charges of violations
      8. 28-4139 License plate display violation; civil penalty; disposition
      9. 28-4140 Commencement of action for violation
      10. 28-4141 Suspension of license, registration and license plates
      11. 28-4142 Vehicle registration; financial responsibility verifications; exception; violation; classification
      12. 28-4143 Vehicle accident; financial responsibility verification; suspension
      13. 28-4144 Notice; suspension; reinstatement fees
      14. 28-4145 Restricted license and registration; rules
      15. 28-4146 Immunity
      16. 28-4147 Service of notice
      17. 28-4148 Notice of insurance cancellation or nonrenewal
      18. 28-4149 Suspension; notice of intent
      19. 28-4150 Effect of suspension on contract
      20. 28-4151 Reinstatement fee; motor vehicle liability insurance enforcement fund
      21. 28-4152 Nonoperation of vehicle on highways of this state; exception; certification
      22. 28-4153 False certification or affirmation; violation; classification; suspension; fees
  10. Chapter 10 VEHICLE DEALERS, AUTOMOTIVE RECYCLERS AND TRANSPORTERS
    1. Article 1 General Provisions
      1. 28-4301 Definitions
      2. 28-4302 Fees; disposition
      3. 28-4303 Administration
      4. 28-4304 Dealer and registration monies; deposit
      5. 28-4306 Jurisdiction; service of process; arbitration; venue
      6. 28-4307 Civil damages; exception
      7. 28-4308 Prohibition; applicability
    2. Article 2 Licensing Requirements
      1. 28-4332 Limited exemption; definitions
      2. 28-4333 Licensing requirement; exemptions
      3. 28-4334 License requirement; established place of business; unimproved lots and premises; violation; classification
      4. 28-4335 Wholesale motor vehicle dealer or broker
      5. 28-4336 Separate licenses and permits
    3. Article 3 Licensing Procedures
      1. 28-4361 License application; criminal records check
      2. 28-4362 Application; fee; bond
      3. 28-4363 Franchises; filing agreement; violation; classification
      4. 28-4364 Investigations; inspections; provisional licenses
      5. 28-4365 Action on application; denial; immunity from costs
      6. 28-4366 Hearing on application; appeal
    4. Article 4 Vehicle Dealer Requirements and Restrictions
      1. 28-4401 Off‑premises exhibition, off‑premises display and sales and special event permits
      2. 28-4402 Recreational vehicles; public events; permits
      3. 28-4403 Record requirements; motor vehicle information; inspection; liability
      4. 28-4404 Record requirements; vehicles and parts; classification
      5. 28-4405 Display of license; continuation date; late penalty
      6. 28-4406 Sign requirements
      7. 28-4407 Business hours; notice of change
      8. 28-4408 Change in place of business
      9. 28-4409 Evidence of ownership requirement; exception
      10. 28-4410 Consignment contracts; definitions
      11. 28-4411 Damage to new motor vehicles; disclosure; definition
      12. 28-4412 Guaranty disclosure; used motor vehicles; definition
      13. 28-4413 Prohibiting ownership, operation or control of a warranty service facility; exception; objections
      14. 28-4414 Alternative fuel vehicles; definition
      15. 28-4415 Advertising
      16. 28-4416 Deposits
      17. 28-4417 Required disclosures on sales contracts
      18. 28-4418 Warranties and rebates in broker transactions
      19. 28-4419 Required and prohibited activities
      20. 28-4420 Contents of brokering agreement
      21. 28-4421 Selling dealer's duties
      22. 28-4422 Resale of new motor vehicles
    5. Article 5 Franchise Regulation
      1. 28-4451 Product liability; audits
      2. 28-4452 Limitations; franchise establishment, cancellation, termination or nonrenewal
      3. 28-4453 Franchise; notice of intention
      4. 28-4454 Objection to approval of notice
      5. 28-4455 Determination of standing; failure to object
      6. 28-4456 Hearing on objection; appeal
      7. 28-4457 Franchise termination, cancellation or nonrenewal; good cause; changes
      8. 28-4458 Coercion prohibited
      9. 28-4459 Manufacturer or distributor right of first refusal
      10. 28-4460 Factories; competition or unfair discrimination prohibited; definitions
    6. Article 6 License Regulation
      1. 28-4491 Enforcement powers
      2. 28-4492 Appeal
      3. 28-4493 Cancellation or suspension; grounds
      4. 28-4494 License suspension or cancellation; hearing
      5. 28-4495 Permits; cancellation; cease and desist order; hearing
      6. 28-4496 Licensed dealer or automotive recycler; hearing; civil penalty
      7. 28-4497 Action to restrain violation by licensee
      8. 28-4498 Licensed dealer and automotive recycler; cease and desist order; request for hearing
      9. 28-4499 Unlicensed dealer and automotive recycler; cease and desist order; request for hearing
      10. 28-4500 Unlicensed dealer and automotive recycler; hearing; civil penalty; suspension of motor vehicle registrations; reinstatement fee
      11. 28-4501 Licensed or unlicensed dealer and automotive recycler; civil penalty
      12. 28-4502 Used motor vehicle dealer; violation; classification
    7. Article 7 Dealer and Manufacturer License Plates
      1. 28-4531 Definitions
      2. 28-4532 Dealer owned vehicles; registration exemption; use of dealer plates; civil penalty
      3. 28-4533 Dealer's certificate; dealer license plates; fees
      4. 28-4534 Continuation date; delinquent fee; penalty
      5. 28-4535 Dealer records; replacement; fee
      6. 28-4536 Authority to operate vehicle with cargo
      7. 28-4537 Rules
      8. 28-4538 Suspension of dealer and manufacturer license plates
      9. 28-4539 Manufacturer unladen truck and passenger vehicles; registration exemption
      10. 28-4540 Manufacturer unladen vehicle test license plates and certificate; fee
      11. 28-4541 Delinquent fee due from manufacturer; penalty
      12. 28-4542 Manufacturer records; replacement; fee
      13. 28-4543 Rules; manufacturer unladen vehicle test license plates; suspension of use
      14. 28-4544 Manufacturer laden vehicle test license plates; fees
      15. 28-4545 Manufacturer's and dealer's permit to move without license plates
      16. 28-4546 Temporary registration plates
      17. 28-4547 Requirements for temporary registration plates
      18. 28-4548 Issuance of temporary registration permits by manufacturers or dealers
      19. 28-4549 Electronic record of temporary registration as notice of transfer; fee
      20. 28-4550 Temporary registration plate
      21. 28-4551 Expiration of temporary registration
      22. 28-4552 Dealer records; temporary registration plates
      23. 28-4553 Temporary registration plates; violation; classification
      24. 28-4554 Suspension of issuance of temporary registration plates
      25. 28-4555 Notice of vehicle transfer
      26. 28-4556 Disposition of fees; highway user revenue fund
    8. Article 8 Violations
      1. 28-4591 Violation; classification
      2. 28-4592 License assignment prohibited; classification
      3. 28-4593 Altering a serial or identification number; classification
      4. 28-4594 Altered serial or identification number; contraband; seizure; disposition
      5. 28-4595 Verified claim disputing contraband status; hearing; disposition
    9. Article 9 Transporter License Plates
      1. 28-4621 Definitions
      2. 28-4622 Exceptions
      3. 28-4623 Transporter certificate; transporter license plates and tabs
      4. 28-4624 Vehicles with transporter license plates; registration exemption
      5. 28-4625 Display of transporter license plates
      6. 28-4626 Transporter records
      7. 28-4627 Suspension or revocation; reissue
      8. 28-4628 Violation; classification
      9. 28-4629 Fees
      10. 28-4630 Election for limited operation transporters
      11. 28-4631 Transfer prohibited
      12. 28-4632 Deposit of monies
    10. Article 10 Vehicle Service Transporter License Plates
      1. 28-4661 Definitions
      2. 28-4662 Vehicle service transporter license plates; fee
      3. 28-4663 Vehicles with vehicle service transporter license plates; exemption; civil traffic violation
      4. 28-4664 Maintenance of dealer records; violation; classification
      5. 28-4665 Revocation of vehicle service transporter license plates; cancellation or suspension of license
  11. Chapter 11 ABANDONED, SEIZED AND JUNK VEHICLES
    1. Article 1 General Provisions
      1. 28-4801 Definitions
      2. 28-4802 Fees
      3. 28-4803 Public vehicle; fee exemption
      4. 28-4804 Abandoned vehicle administration monies; deposit
      5. 28-4805 Towing company; reimbursement
    2. Article 2 Regulation
      1. 28-4831 Abandonment prohibited
      2. 28-4832 Exemption
      3. 28-4833 Local ordinances
      4. 28-4834 Vehicle removal
      5. 28-4835 Presumption of responsibility
      6. 28-4836 Towed vehicles; notification; violation; classification
      7. 28-4837 Towing and storage costs
      8. 28-4838 Report; abandoned and seized vehicles; violation; classification
      9. 28-4839 Report; vehicle abandoned in storage; violation; classification; disposition
      10. 28-4840 Report; vehicle abandoned in repair facility; disposition
      11. 28-4841 Abandoned vehicle; notice of intent to transfer vehicle
      12. 28-4842 Unclaimed vehicle; transfer of ownership; immunity
      13. 28-4843 Reclaimed vehicle; payment of costs
      14. 28-4844 Affidavit; stolen vehicle; suspension of registration
      15. 28-4845 Stolen and recovered vehicles; record and report; distribution
      16. 28-4846 Stolen vehicles; inspection; violation; classification
      17. 28-4847 Insurance companies; release; fees; definition
      18. 28-4848 Access to vehicle; ignition interlock device installer; lienholder; fee prohibited; violation; classification
    3. Article 3 Junk Vehicles
      1. 28-4881 Definition of junk vehicle
      2. 28-4882 Junk vehicle; disposition
      3. 28-4883 Vehicle crusher required
      4. 28-4884 Destroyed vehicles; certificates of title
  12. Chapter 12 TITLE SERVICE COMPANIES
    1. Article 1 General Provisions
      1. 28-5001 Definition of title service company
      2. 28-5002 Requirements; violation; classification
      3. 28-5003 Licensing procedure
      4. 28-5004 Hearing on application; appeal
      5. 28-5005 Fees; bond
      6. 28-5006 Issuance of temporary registration; fee
      7. 28-5007 Electronic record of temporary registration; notice of transfer
      8. 28-5008 Temporary registration plates; contents
      9. 28-5009 Prohibitions; violation; classification
      10. 28-5010 Record requirements
      11. 28-5011 Suspension of right to issue plates
      12. 28-5012 License suspension or cancellation
      13. 28-5013 Hearing
      14. 28-5014 Temporary registration plates
      15. 28-5100 Definitions
  13. Chapter 13 AUTHORIZED THIRD PARTIES
    1. Article 1 Third Party Motor Vehicle Registration
      1. 28-5101 Third party authorization
      2. 28-5102 Powers and duties of director
      3. 28-5103 Application procedure
      4. 28-5104 Bond requirement
      5. 28-5105 Criminal records check; provisional authorization or certification
      6. 28-5106 Records
      7. 28-5107 Application denial; hearing; appeal
      8. 28-5108 Cancellation or suspension of authorization or certification; hearing; appeal
      9. 28-5109 Cease and desist order
      10. 28-5110 Action to restrain violation
      11. 28-5111 Electronic transmission and recording of title, registration and driver license; pilot program; authorized third party
  14. Chapter 14 MOTOR CARRIER SAFETY
    1. Article 1 General Provisions
      1. 28-5201 Definitions
      2. 28-5202 Applicability
      3. 28-5203 Motor carrier safety revolving fund
      4. 28-5204 Administration and enforcement; rules; exemption
    2. Article 2 Regulation
      1. 28-5231 Records requirements; inspection
      2. 28-5232 Danger to public safety; suspension of registration or license; civil penalty; hearing; reinstatement
      3. 28-5234 Exemption from rules on drivers' qualification and hours of service; definitions
      4. 28-5235 Notification; denial of vehicle registration and operating privileges; audits
      5. 28-5236 Violations; inspection; material containment
      6. 28-5237 Noncompliance; hearing; suspension of registration or license; civil penalty
      7. 28-5238 Civil penalty schedule; suspension of registration or license; reinstatement; enforcement
      8. 28-5239 Judicial review
      9. 28-5240 Violation; classification; attorney general enforcement
      10. 28-5241 Out‑of‑service orders; violation; civil penalty; definition
      11. 28-5242 Registration requirements; interstate or foreign commerce; enforcement; violations; classification
      12. 28-5243 Railroad crossing violations; civil penalty
      13. 28-5244 Motor carriers; civil penalty; definition
  15. Chapter 15 FEES
    1. Article 1 General Provisions
      1. 28-5401 Disposition of fees
    2. Article 2 Gross Weight Fees
      1. 28-5431 Definitions
      2. 28-5432 Gross weight fees; application; exceptions
      3. 28-5433 Gross weight fees; additional registration fees; farm vehicle reduction; consolidation
      4. 28-5434 Proration of gross weight fees
      5. 28-5435 Increase in gross vehicle weight; additional fee
      6. 28-5436 Reduced gross weight fees; seasonal agricultural work
      7. 28-5437 Operation with excess weight; violation; classification
      8. 28-5438 Weight violations; civil penalty; classifications; procedures; evidence
    3. Article 3 Highway Use Fees
      1. 28-5471 Highway use fees; commercial motor vehicles; definition
      2. 28-5472 Additional highway use fees; nonresident owners
      3. 28-5473 Highway use fee; reduction; basis; proration; exemption
      4. 28-5474 Axle fees; commercial vehicles; border crossing; definition
    4. Article 4 Light Motor Vehicle Fee
      1. 28-5491 Definitions
      2. 28-5492 Light motor vehicle fee imposed
      3. 28-5493 Transaction privilege tax exemption
  16. Chapter 16 TAXES
    1. Article 1 Motor Fuel Taxes
      1. 28-5601 Definitions
      2. 28-5602 Enforcement
      3. 28-5603 Motor fuel testing
      4. 28-5604 Reward for detecting violations
      5. 28-5605 Use fuel tax collection; fuel dispenser labels; civil penalty
      6. 28-5606 Imposition of motor fuel taxes
      7. 28-5607 Fuel imported by other than licensed supplier; payment of tax; fee; import limitation
      8. 28-5608 Fuel imported in fuel tanks; violation; classification
      9. 28-5609 Railroad common carrier exemption; exception; report
      10. 28-5610 Exemptions
      11. 28-5611 Refunds; motor vehicle fuel
      12. 28-5612 Refund procedure; violation
      13. 28-5613 Licensee refunds; definition
      14. 28-5614 Refunds; use fuel
      15. 28-5615 Presumption of use
      16. 28-5616 Light class motor vehicles
      17. 28-5617 Vendors; receipt
      18. 28-5618 Report requirements
      19. 28-5619 Records required; violation; classification
      20. 28-5620 Records and equipment inspections; hearings; use restrictions; violation; costs
      21. 28-5621 Failure to report or pay tax; penalties; interest; transmittal date
      22. 28-5622 Tax estimate
      23. 28-5623 Civil penalty; use fuel purchaser; vendor refund; financial penalty prohibited; subsequent violations
      24. 28-5624 Transportation of fuel by motor vehicle; documentation; violation; penalties
      25. 28-5625 Restricted distributor licenses; reports; violation; classification
      26. 28-5626 Suppliers; vendors; licenses required
      27. 28-5627 License application
      28. 28-5628 Refusal to issue license
      29. 28-5629 License issued
      30. 28-5630 License; assignability; display; duplicates
      31. 28-5631 Bonds; amount; failure of security
      32. 28-5633 License cancellation
      33. 28-5634 Bond cancellation
      34. 28-5635 Discontinuance, sale or transfer of business; violation; classification
      35. 28-5636 Supplier blanket election
      36. 28-5637 Collection of fuel tax from purchaser; deferred remittance election
      37. 28-5638 Deferred remittance election eligibility
      38. 28-5639 Uncollectible tax credit
      39. 28-5640 Collection allowance
      40. 28-5643 Reliance on representations
      41. 28-5644 Terminal operator; joint and several liability
      42. 28-5645 Dyed diesel use; violation; classification
      43. 28-5646 Dyed diesel notice
      44. 28-5647 Dyed diesel; prohibited acts; joint and several liability
      45. 28-5648 Inspection of fuel and shipping papers
      46. 28-5649 Dyed diesel; permissible highway use
    2. Article 2 Interstate User Fuel Tax Reponsibilities
      1. 28-5702 Use fuel tax payment if not precollected
      2. 28-5703 Cooperative agreements; definitions
      3. 28-5705 Vehicle registration
      4. 28-5707 Violation; classification
      5. 28-5720 Tax payment
      6. 28-5721 Additional assessment; penalty
      7. 28-5722 Additional assessment; time limit
      8. 28-5724 Failure to file report; assessment; interest; license revocation or suspension
      9. 28-5725 Interstate user credits or refunds
      10. 28-5727 Erroneous assessment; cancellation in records
      11. 28-5728 Use fuel tax credit
      12. 28-5730 Use fuel tax; distribution
      13. 28-5731 Record requirements
      14. 28-5732 Report requirements
      15. 28-5734 Interstate user license requirement
      16. 28-5735 License application; fee
      17. 28-5736 Bond requirement
      18. 28-5737 Discharge of surety
      19. 28-5738 License denial
      20. 28-5739 Single trip and other limited use fuel tax permits
      21. 28-5740 License issuance; duration
      22. 28-5742 Evidence of valid license
      23. 28-5743 Discontinuance of business
      24. 28-5745 License revocation; hearing
    3. Article 3 Vehicle License Tax
      1. 28-5801 Vehicle license tax rate
      2. 28-5802 Vehicle license tax exemption; veterans
      3. 28-5803 Vehicle license tax exemption; disabled individuals
      4. 28-5804 Privately owned motor vehicle used as school bus; classification; vehicle license tax
      5. 28-5805 Motor vehicle powered by alternative fuel; classification; vehicle license tax; definitions
      6. 28-5806 Privately owned motor vehicle used for ambulance or fire fighting services; classification; vehicle license tax; definition
      7. 28-5807 Registration period; proration; retroactive collection
      8. 28-5808 Vehicle license tax distribution
      9. 28-5809 Record examination
      10. 28-5810 Rental vehicle surcharge; reimbursement; definition
      11. 28-5811 Vehicle license tax and registration fee exemption; United States armed forces members
      12. 28-5812 Incorrect distributions; adjustments
    4. Article 4 Motor Carrier Fee
      1. 28-5851 Definitions
      2. 28-5852 Motor carrier fee imposed
      3. 28-5853 Motor carrier fee exemptions
      4. 28-5854 Motor vehicle; motor carrier fee rate
      5. 28-5855 Motor vehicle; reduced motor carrier fee; load restrictions; civil traffic violation
      6. 28-5856 Motor vehicle; reduced motor carrier fee; less than full load capacity; civil traffic violation
      7. 28-5857 Motor vehicle; reduced motor carrier fee; agricultural products; civil traffic violation; definition
      8. 28-5858 Gross vehicle weight change
      9. 28-5859 Refunds
      10. 28-5860 Transaction privilege tax exemption
      11. 28-5861 Motor carrier fee compliance requirement
      12. 28-5862 Trip permit
      13. 28-5863 Single trip motor carrier fee trip permit; fee; expiration
      14. 28-5864 Special thirty day motor carrier fee permit
      15. 28-5865 Appeals
      16. 28-5867 Motor vehicle; reduced motor carrier fee; limited mileage; transporters; civil traffic violation
    5. Article 5 Tax Administration
      1. 28-5921 Violations; classification; civil penalty
      2. 28-5922 Enforcement powers
      3. 28-5923 Collection
      4. 28-5924 Hearing; rehearing
      5. 28-5925 Payment; distribution
      6. 28-5926 Fuel used in watercraft; survey; costs
      7. 28-5927 Transfer; off‑highway vehicle recreation fund
      8. 28-5928 Legal remedies
      9. 28-5929 Cumulative remedies
      10. 28-5930 Electronic report filing; rules; payment availability
      11. 28-5931 Definitions
      12. 28-5932 Jeopardy assessment; definition
      13. 28-5933 Contingent fee collection contracts
      14. 28-5934 Abatement of uncollectible taxes, penalties and fees
      15. 28-5935 Confidential information; disclosure prohibited
      16. 28-5936 Confidential information; disclosure allowed
      17. 28-5937 Fee
      18. 28-5938 Violation; classification
      19. 28-5939 Lien
      20. 28-5940 Perfection of lien
      21. 28-5941 Release of lien
      22. 28-5942 Priority of tax claim
      23. 28-5943 Transfer of vehicle subject to lien
      24. 28-5944 Levy and distraint
      25. 28-5945 Levy; salary; wages
      26. 28-5946 Levy; property; seizure
      27. 28-5947 Property surrender; definition
      28. 28-5948 Production of books
      29. 28-5949 Levy; exempt property
      30. 28-5950 Appraisal
      31. 28-5951 Seized property; notice and sale
      32. 28-5952 Levy release; property return
    6. Article 6 Underground Storage Tank Tax
      1. 28-6001 Underground storage tank tax; payments
      2. 28-6002 Collection agent
      3. 28-6003 Payment procedure; return form
      4. 28-6004 Payment deduction
      5. 28-6005 Refund; credit
      6. 28-6006 Administration same as for motor vehicle fuel tax
      7. 28-6007 Underground storage tank tax clearing account
      8. 28-6008 Distribution; administration costs
  17. Chapter 17 TRANSPORTATION EXCISE TAX DISTRIBUTION
    1. Article 1 Transportation Excise Tax Distribution in Highly Populated Counties
      1. 28-6301 Definitions
      2. 28-6302 Transportation excise tax distribution; counties with one million two hundred thousand or more persons; regional area road fund
      3. 28-6303 Regional area road fund; separate accounts
      4. 28-6304 Bond account; expenditures
      5. 28-6305 Construction account; expenditures; construction contracts
      6. 28-6306 Account expenditures; elections
      7. 28-6307 Regional area road fund; plan
      8. 28-6308 Regional planning agency transportation policy committee; regional transportation plan; plan review process
      9. 28-6309 Interim roadway pursuant to agreement
      10. 28-6310 Interim roadway by city or town
      11. 28-6311 Construction contract
      12. 28-6312 Roadway and highway maintenance
      13. 28-6313 Performance audits of proposed transportation projects and systems
    2. Article 2 Regional Transportation Plan
      1. 28-6351 Definitions
      2. 28-6352 Regional highway and street system; budget process
      3. 28-6353 Regional transportation plan and project enhancements and changes
      4. 28-6354 Annual report; hearing; priority criteria
      5. 28-6355 Documentation; regional area road fund reimbursement
      6. 28-6356 Citizens transportation oversight committee
      7. 28-6357 Special assistant for the regional transportation plan
      8. 28-6358 Regional planning agency responsibilities
    3. Article 3 Transportation Excise Tax Distribution in Less Populated Counties
      1. 28-6391 Transportation excise tax distribution in counties with four hundred thousand persons or less; county regional area road fund
      2. 28-6392 County regional area road fund; distribution; investment
  18. Chapter 18 DISTRIBUTION OF HIGHWAY USER REVENUES
    1. Article 1 General Provisions
      1. 28-6501 Definition of highway user revenues
      2. 28-6502 Record of highway user revenues; minimum dollar distribution
    2. Article 2 Specific Distributions
      1. 28-6531 Definitions
      2. 28-6532 Population determination; decennial or special census
      3. 28-6533 Arizona highway user revenue fund
      4. 28-6534 Arizona highway user revenue fund distribution; economic strength project fund
      5. 28-6537 Arizona highway user revenue fund distribution; highway patrol costs
      6. 28-6538 Arizona highway user revenue fund distribution; remaining monies; highway fund distribution; contract authorization; regional transportation plan requirements
      7. 28-6540 Arizona highway user revenue fund distribution; state highway fund; county, city and town proportions
      8. 28-6541 Arizona highway user revenue fund distribution; limitations
      9. 28-6542 Incorrect distributions; adjustments
      10. 28-6543 Local revenues; requirements
      11. 28-6544 County, city and town distribution reduction
      12. 28-6546 Arizona highway user revenue fund; investment
      13. 28-6547 Safety enforcement and transportation infrastructure fund; exemption from lapsing
  19. Chapter 19 COUNTY HIGHWAYS
    1. Article 1 County Highway Construction, Maintenance and Abandonment
      1. 28-6701 Establishing, altering or abandoning local highway
      2. 28-6702 Proposed highway survey; notice of hearing
      3. 28-6703 Hearing
      4. 28-6704 Condemnation; federal‑county highway; exception
      5. 28-6705 Public road and street maintenance
      6. 28-6706 Primitive roads
      7. 28-6707 Highway improvement within city or town limit
      8. 28-6708 Jurisdiction of streets; unincorporated town
      9. 28-6709 Street and alley abandonment
      10. 28-6710 Cattle guard construction
      11. 28-6711 Railroad construction along improved highway prohibited; exception
      12. 28-6712 Tax levies for county roads
      13. 28-6713 Bids for construction, reconstruction, equipment or supplies; procedure; bond; exceptions
    2. Article 2 Bonds and County Highway Commission
      1. 28-6741 Bonds; authorization
      2. 28-6742 County highway commission
      3. 28-6743 County highway commission powers and duties
      4. 28-6744 Semiannual report; publication
      5. 28-6745 Commission expenses
      6. 28-6746 Road bond election precincts; election
      7. 28-6747 Sale of bonds; highway improvement fund; disposition of proceeds; use of surplus monies
      8. 28-6748 Work contracts
      9. 28-6749 Cooperative contracts with federal government
    3. Article 3 County Bridges
      1. 28-6771 County bridge construction
      2. 28-6772 Bridge joint use; railroad; petition; contract limitations
    4. Article 4 Toll Roads, Ferries and Bridges
      1. 28-6801 Definition of toll road
      2. 28-6802 Toll road construction; notice; application; hearing
      3. 28-6803 Application approval or rejection; effective date; franchise term and reversion
      4. 28-6804 Toll road; interference prohibited
      5. 28-6805 Toll road; condemnation; construction; guideposts
      6. 28-6806 Toll road construction and completion
      7. 28-6807 Toll rates; violation; classification
      8. 28-6808 State tax
  20. Chapter 20 STATE HIGHWAYS AND ROUTES
    1. Article 1 General Provisions
      1. 28-6901 Definitions
    2. Article 2 Highway Division
      1. 28-6921 State engineer; qualifications; compensation
      2. 28-6922 Director; powers and duties
      3. 28-6923 Bid requirements; procedure; bond
      4. 28-6924 Progress payments
      5. 28-6925 Contract counsel fund; appropriation; exemptions; disbursements; reimbursement
      6. 28-6926 Construction contracts; void provisions
    3. Article 3 Five Year Transportation Facilities Construction Program
      1. 28-6951 Five year transportation facilities construction program; departmental committee
      2. 28-6952 Five year transportation facilities construction program; publication; hearing
      3. 28-6953 Updated program; annual report
      4. 28-6954 Program requirements
      5. 28-6955 Five year program changes
    4. Article 4 State Highway Fund and Budget
      1. 28-6991 State highway fund; sources
      2. 28-6992 Director of department of administration; comptroller of fund
      3. 28-6993 State highway fund; authorized uses
      4. 28-6994 Rules
      5. 28-6995 Preferences
      6. 28-6996 State highway fund; investment
      7. 28-6997 Fiscal year; budget
      8. 28-6998 Public monies; expenditure
      9. 28-6999 Expenditure; appropriation limitation; violation; classification; civil action
      10. 28-7000 Contracts; exceptions
      11. 28-7001 Right‑of‑way purchase; financing
      12. 28-7002 Right‑of‑way acquisitions; applicability; limitation
      13. 28-7003 Construction program account transfers
      14. 28-7004 Payroll preparation
      15. 28-7005 Revolving account; small expenses
      16. 28-7006 Transportation department equipment fund; definitions
      17. 28-7007 State highway fund; claims; payment
      18. 28-7008 State highway fund reimbursement; nonhighway costs
      19. 28-7009 Statewide transportation acceleration needs account; establishment; definition
      20. 28-7010 Transportation acceleration interest reimbursement account
      21. 28-7011 Roads of regional significance congestion mitigation account; program termination
    5. Article 5 State Highways and Routes
      1. 28-7041 State highways and routes defined
      2. 28-7042 Width of public highways; exception
      3. 28-7043 Designation of state route as state highway
      4. 28-7044 Signs
      5. 28-7045 Director; rules; state highway and route use
      6. 28-7046 Opening, altering or vacating highway; review of order
      7. 28-7047 Mountain preserve; limitation; definition
      8. 28-7048 Lease of areas above and below highways; exceptions
      9. 28-7049 Classification of streets that connect highways and routes
      10. 28-7050 Federal aid secondary highways; definition
      11. 28-7051 Roadside parks; historical markers
      12. 28-7052 Action concerning lands taken or damaged in construction of highway or airport; statute of limitations
      13. 28-7053 Misuse of public highway or airport; violation; classification; injunction; definition
      14. 28-7054 Highway or airport encroachments; additional remedies
      15. 28-7055 Leaving gate open on fenced land; classification
      16. 28-7056 Dumping trash on highways or airports; classification
      17. 28-7057 Publication of law relating to dumping trash on highways
    6. Article 6 Land Purchase, Sale and Condemnation
      1. 28-7091 Definition of market value
      2. 28-7092 Land acquisition; transportation purposes
      3. 28-7093 Eminent domain
      4. 28-7094 Property acquisition; future needs; highway properties fund; rental revenue
      5. 28-7095 Conveyance of property not needed for transportation purposes
      6. 28-7096 Appraisal reports; market analyses
      7. 28-7097 Before condition; market value change
      8. 28-7098 Appraisal; condemnation; initial offer
      9. 28-7099 Property repurchase; right of first refusal
      10. 28-7100 Dismissal of condemnation action
      11. 28-7101 Condemnation; interest
      12. 28-7102 Inverse condemnation; resolution of necessity; alternatives; limitations; action; extension
      13. 28-7103 Effect of article
    7. Article 7 Relocation Assistance
      1. 28-7141 Definitions
      2. 28-7142 Relocation assistance advisory services
      3. 28-7143 Moving and related expenses; payment; substitute payments
      4. 28-7144 Replacement dwelling; additional payment
      5. 28-7145 Expenses incidental to transfer of property
      6. 28-7146 Replacement housing for tenants
      7. 28-7147 Application review by director
      8. 28-7148 Rules
      9. 28-7149 Payments not income
      10. 28-7150 Effect on eminent domain proceedings
      11. 28-7151 Negotiation and purchase of property for future transportation facilities
      12. 28-7152 Assurance of dwellings
      13. 28-7153 Condemnation; litigation expenses
      14. 28-7154 Buildings, structures and improvements
      15. 28-7155 Acquired property; maintenance
      16. 28-7156 Utility relocation; cost reimbursement
    8. Article 8 Disposition of Public Roadways
      1. 28-7201 Definitions
      2. 28-7202 Disposition of unnecessary public roadways
      3. 28-7203 Roadway exchange
      4. 28-7204 Roadway sale; definition
      5. 28-7205 City, town or county road vacated
      6. 28-7206 Planned development roadway vacated
      7. 28-7207 State roadway abandoned
      8. 28-7208 Consideration required
      9. 28-7209 Vacated or abandoned highway; affected jurisdiction; procedure
      10. 28-7210 Reservation of easements
      11. 28-7211 Notice; hearing; appraisal
      12. 28-7212 Disposition; joint action
      13. 28-7213 Resolution; effective date
      14. 28-7214 Extinguishment of easements
      15. 28-7215 Public road access; vacating public roadway without compensation
    9. Article 9 Bridges
      1. 28-7251 Construction of bridge or dam; violation; classification
      2. 28-7252 Failure to construct or repair bridge or crossing; classification
    10. Article 10 Economic Strength Projects
      1. 28-7281 Economic strength projects
      2. 28-7282 Economic strength project fund
      3. 28-7283 Construction and maintenance of economic strength projects
      4. 28-7284 Agreements
      5. 28-7285 Rules
      6. 28-7286 Board authority; construction standards; priority list date
    11. Article 11 Tourist Advertising
      1. 28-7311 Logo sign programs; rules; definitions
      2. 28-7312 Tourism encouragement; Arizona highways magazine
      3. 28-7313 Publication section; publisher
      4. 28-7314 Publisher powers and duties; award of contract
      5. 28-7315 Arizona highways magazine fund
    12. Article 12 Cooperative National Highway Aid Agreements
      1. 28-7341 Agreements between department and federal agencies
      2. 28-7342 Cooperative agreement provisions
      3. 28-7343 Authority of director relating to monies
      4. 28-7344 Reimbursement by federal agency
    13. Article 13 Alternative Contracting Procedures
      1. 28-7361 Definitions
      2. 28-7362 Emergency construction
      3. 28-7363 Design‑build method of project delivery
      4. 28-7364 Design‑build criteria
      5. 28-7365 Design‑build; two‑phase solicitation
      6. 28-7366 Construction-manager-at-risk construction services and job-order-contracting construction services
      7. 28-7367 Multiterm contracts for job‑order‑contracting construction services
  21. Chapter 21 STATE HIGHWAY FINANCING AND BONDING
    1. Article 1 State Highway Fund Bonds
      1. 28-7501 Definitions
      2. 28-7502 Bond authority
      3. 28-7503 Bond requirements
      4. 28-7504 Bond payment; security
      5. 28-7505 Liability; bond validity
      6. 28-7506 Bond purchase; cancellation
      7. 28-7507 Notice; bond issuance
      8. 28-7508 Financial interest prohibited; violation; classification
      9. 28-7509 Highway bond proceeds fund; investment
      10. 28-7510 Parity bonds
      11. 28-7511 Bonds; freeway mitigation; matching amount
      12. 28-7512 Agreement of state
      13. 28-7513 Taxation exemption
      14. 28-7514 Attorney general bond certification
      15. 28-7515 Bond obligations of the board
      16. 28-7516 Bonds; legal investments
      17. 28-7517 Exclusive law
    2. Article 2 Regional Area Road Fund Bonds
      1. 28-7561 Bonds payable from transportation excise taxes
      2. 28-7562 Bond requirements
      3. 28-7563 Bond payment; security
      4. 28-7564 Pledges; liens
      5. 28-7565 Liability; bond validity
      6. 28-7566 Bond purchase
      7. 28-7567 Notice; bond issuance
      8. 28-7568 Bond proceeds; distribution; expenditures
      9. 28-7569 Agreement of state and county
      10. 28-7570 Taxation exemption
      11. 28-7571 Attorney general bond certification
      12. 28-7572 Bond obligations of the board
      13. 28-7573 Bonds; legal investments
    3. Article 3 Grant Anticipation Notes
      1. 28-7611 Definitions
      2. 28-7612 Grant anticipation notes
      3. 28-7613 Refund
      4. 28-7614 Limitations
      5. 28-7615 Application of grant revenues; grant anticipation notes fund; payment of notes
      6. 28-7616 Use of proceeds
      7. 28-7617 Nature of grant anticipation notes; limited obligation
    4. Article 4 Bonds Secured by Bridge Construction or Highway Improvement Revenues
      1. 28-7651 Definitions
      2. 28-7652 Agreement for construction of bridge or highway improvements
      3. 28-7653 Bonds secured by bridge construction revenues; bonds secured by highway improvement revenues
      4. 28-7654 Issuance of bonds
      5. 28-7655 Characteristics of bonds
      6. 28-7656 Interest fund; redemption fund
      7. 28-7657 Pledge of revenues to secure debt instruments
      8. 28-7658 Agreement of state
      9. 28-7659 Supplemental law
    5. Article 5 Highway Expansion and Extension Loan Program
      1. 28-7671 Definitions
      2. 28-7672 Highway expansion and extension loan program advisory committee
      3. 28-7673 Powers and duties of the board and department
      4. 28-7674 Highway expansion and extension loan program fund
      5. 28-7675 Fund; annual financial audit and report
      6. 28-7676 Eligible project loans and other financial assistance
      7. 28-7677 Acceleration of right‑of‑way acquisition, design or construction of eligible projects
      8. 28-7678 Board funding obligations
    6. Article 6 Highway Project Advancement Notes
      1. 28-7681 Definitions
      2. 28-7682 Highway project advancement notes; pledge of excise taxes
      3. 28-7683 Limitations
      4. 28-7684 Application of revenues; highway project advancement notes fund; payment of notes
      5. 28-7685 Use of proceeds
      6. 28-7686 Refunding
      7. 28-7687 Nature of highway project advancement notes; limited obligation
  22. Chapter 22 TRANSPORTATION PROJECT PRIVATIZATION
    1. Article 1 Transportation Facility Pilot Projects
      1. 28-7701 Agreements with private entities; limitations
      2. 28-7702 Transportation facility requirements
      3. 28-7703 Default
      4. 28-7704 Department powers
      5. 28-7705 Lease or license status; tax exemptions; credit and refund
      6. 28-7706 Immunity
    2. Article 2 Roadway Construction Pilot Projects
      1. 28-7741 Definitions
      2. 28-7742 Roadway authority; application
      3. 28-7743 Utility crossings; definition
      4. 28-7744 Incorporation requirement; eminent domain restriction
      5. 28-7745 Board powers
      6. 28-7746 Local approval
      7. 28-7747 Board approval; inspection agreement
      8. 28-7748 Toll rates
      9. 28-7749 Tax refund or credit
      10. 28-7750 Operator powers and duties
      11. 28-7751 Insurance; immunity
      12. 28-7752 Default
      13. 28-7753 Excess toll revenues; disposition
      14. 28-7754 Governmental activity; tax exemptions
      15. 28-7755 Police powers
      16. 28-7756 State liability
      17. 28-7757 Traffic and motor vehicle laws
      18. 28-7758 Termination of certificate; asset dedication
  23. Chapter 23 HIGHWAY BEAUTIFICATION
    1. Article 1 Advertising Regulation
      1. 28-7901 Definitions
      2. 28-7902 Outdoor advertising authorized
      3. 28-7903 Outdoor advertising prohibited
      4. 28-7904 Directional and other official signs
      5. 28-7905 Outdoor advertising standards
      6. 28-7906 Outdoor advertising and property right acquisition; compensation; removal; hearing
      7. 28-7907 Agreement with secretary of transportation
      8. 28-7908 Rules
      9. 28-7909 Permits; fees; disposition
      10. 28-7910 Governmental agency resolution; defined hardship area
      11. 28-7911 Nongovernmental resolution; defined hardship area
      12. 28-7912 City, town or county control of advertising displays
      13. 28-7913 Advertising displays; safety rest areas; information centers
      14. 28-7914 Construction of article
      15. 28-7915 Violation; classification
    2. Article 2 Junkyards
      1. 28-7941 Definitions
      2. 28-7942 Junkyards; screening; relocation; rules
      3. 28-7943 Junkyards; screening license
      4. 28-7944 Junkyards; nuisance; injunction
      5. 28-7945 Construction of article
      6. 28-7946 Violation; classification
  24. Chapter 24 LOCAL TRANSPORTATION ASSISTANCE
    1. Article 1 General Provisions
      1. 28-8101 Local transportation assistance fund
      2. 28-8102 General lottery monies; fund distribution; definitions
      3. 28-8103 Special lottery and vehicle license tax monies; fund distribution; notice; proposals; annual financial report; definitions
      4. 28-8104 Alternative uses; local transportation assistance fund
    2. Article 2 Public Transportation Assistance
      1. 28-8131 State assistance; regional public transportation activities
      2. 28-8132 Funding; improving transit services
      3. 28-8133 Demonstration or pilot projects
      4. 28-8134 Department participation; limitation
  25. Chapter 25 AVIATION
    1. Article 1 General Provisions
      1. 28-8201 Definitions
      2. 28-8202 State aviation fund; report
      3. 28-8204 State owned airports; fees
      4. 28-8205 Construction of new airports; definitions
      5. 28-8206 Sovereignty
      6. 28-8207 Ownership
      7. 28-8208 Crimes, torts and other wrongs; governing law
      8. 28-8209 Legal relationships while in flight
    2. Article 2 Aeronautics Division
      1. 28-8241 Aeronautics division; assistant director
      2. 28-8242 Powers and duties
      3. 28-8243 Abandoned aircraft; definition
      4. 28-8244 Hearing; appeal
    3. Article 3 Aircraft Operation
      1. 28-8271 Federal license; violation
      2. 28-8272 Federal regulation; licensing and registration; violation
      3. 28-8273 Damage responsibility
      4. 28-8274 Aircraft collisions; liability
      5. 28-8275 Insurance coverage disclosure; civil penalty
      6. 28-8276 Violations; classification
      7. 28-8277 Low altitude flying prohibited
      8. 28-8278 Landing prohibition; liability
      9. 28-8279 Trick or acrobatic flying; low level flying; dropping objects; classification
      10. 28-8280 Careless or reckless aircraft operation; classification
      11. 28-8281 Killing birds or animals; classification
      12. 28-8282 Prohibited operation; under the influence; incapacitation
      13. 28-8283 Implied consent; immunity
      14. 28-8284 Violation; classification
      15. 28-8285 Alcohol abuse screening session
      16. 28-8286 Alternative sentencing
      17. 28-8287 Second offense
      18. 28-8288 Third or subsequent offense
      19. 28-8289 Political subdivision; immunity
      20. 28-8290 Employment permitted
      21. 28-8291 Prior convictions allowed
      22. 28-8292 Waiver of fine, surcharge or assessment
    4. Article 4 Aircraft Registration and Taxation
      1. 28-8321 Definition of resident
      2. 28-8322 Registration; exceptions
      3. 28-8323 Government and dealer aircraft registration; fees
      4. 28-8324 Registration; license tax; proration; fee
      5. 28-8325 Registration fee; certificate; decal; duplicate
      6. 28-8326 Aircraft dealers; registration application; penalty
      7. 28-8327 Exemption claim
      8. 28-8328 Failure to register; assessment procedure
      9. 28-8329 Late registration; penalty; abatement
      10. 28-8330 Lien
      11. 28-8331 Seized aircraft sale
      12. 28-8332 Registration; transfer or assignment
      13. 28-8334 Aircraft loss or destruction
      14. 28-8335 License tax; tax rate
      15. 28-8336 Nonresident; license tax rate
      16. 28-8337 Stored or repaired aircraft; license tax rate
      17. 28-8338 Salvage aircraft; license tax rate; definition
      18. 28-8339 Special aircraft; license tax rate; definitions
      19. 28-8340 Manufacturer's aircraft; definition
      20. 28-8341 Maintenance aircraft; license tax rate; definition
      21. 28-8342 Fair market value determination
      22. 28-8343 Aircraft total loss; violation; classification
      23. 28-8344 Aviation fuel tax; rate; definition
      24. 28-8345 Registration fees; penalties; taxes; distribution
      25. 28-8346 Filing by mail; date of filing
      26. 28-8347 Civil penalties
    5. Article 5 Aircraft Dealers
      1. 28-8381 Definition of aircraft dealer
      2. 28-8382 License requirement; application; renewal; license tax; liability
      3. 28-8383 Aircraft dealer duties
      4. 28-8384 Bond or cash deposit
      5. 28-8385 Records
      6. 28-8386 Violation; classification
    6. Article 6 Airports in General
      1. 28-8411 Authority of cities, towns and counties; limitation
      2. 28-8412 Airports; public purpose
      3. 28-8413 Acceptance by state, cities, towns or counties of federal or other aid
      4. 28-8414 City and town airport disposal
      5. 28-8415 Real property interests; airport purposes
      6. 28-8416 Private property acquisition; airport purposes
      7. 28-8417 Payment for real property; bonds
      8. 28-8418 Airport construction and operation; charge
      9. 28-8419 Airport rules, fees and charges; limitation
      10. 28-8420 Agreements; joint airport operations
      11. 28-8421 Joint exercise of powers
      12. 28-8422 Adjoining state monies for airports
      13. 28-8423 Airport land lease; nonprofit corporation
      14. 28-8424 Nonprofit corporation lessees; status; authority; exemptions
      15. 28-8425 Lease authority; airport or air terminal purposes
      16. 28-8426 Airport police; powers; qualifications
      17. 28-8427 Police aides
      18. 28-8428 Liability; airport police and aides
    7. Article 7 Airport Zoning and Regulation
      1. 28-8461 Definitions
      2. 28-8462 Airport hazard; public nuisance; prevention and elimination
      3. 28-8463 Acquisition of facilities or nonconforming property; exception
      4. 28-8464 Political subdivisions; airport zoning regulations
      5. 28-8465 Joint airport zoning board
      6. 28-8466 Zoning regulations; relationships
      7. 28-8467 Airport zoning regulations; procedure; airport zoning commission
      8. 28-8468 Airport zoning regulations; criteria; limitations
      9. 28-8469 Airport zoning regulations; administrative agency; duties
      10. 28-8470 Permit
      11. 28-8471 Variance
      12. 28-8472 Permit; variance; condition; hazard indicators
      13. 28-8473 Airport zoning regulations; board of adjustment; powers; composition; proceedings
      14. 28-8474 Board of adjustment; appeals
      15. 28-8475 Appeals; superior court
      16. 28-8476 Violation; classification
      17. 28-8477 Remedies
      18. 28-8478 Resolutions; ordinances; vehicle operations in airports
      19. 28-8479 Regulation; limitation
      20. 28-8480 Military airport continuation; land acquisition
      21. 28-8481 Planning and zoning; military airport and ancillary military facility's operation compatibility; compliance review; penalty; definitions
      22. 28-8482 Incorporation of sound attenuation standards in building codes
      23. 28-8483 Registry of military airport flight operations; public inspection
      24. 28-8484 Military airport disclosure; residential property
      25. 28-8485 Airport influence areas; notice
      26. 28-8486 Public airport disclosure; definitions
    8. Article 8 Joint Powers Airport Authority
      1. 28-8521 Joint powers airport authority; agreement; board of directors
      2. 28-8522 Joint powers airport authority classification
      3. 28-8523 Annual operating budget
      4. 28-8524 Allocation of monies; sources; public hearing; reuse, development and capital improvement plans
      5. 28-8525 Joint powers airport authority; withdrawal
      6. 28-8526 Joint powers airport authority; admission
      7. 28-8527 Joint powers airport authority; powers
      8. 28-8529 Financing authority
      9. 28-8530 Revenue bonds; fees and charges
      10. 28-8531 Refunding bonds
      11. 28-8532 Bond terms
      12. 28-8533 Bond validity
      13. 28-8534 Bonds; legal investments
      14. 28-8535 Federal income tax considerations
      15. 28-8536 Bond proceeds; application
  26. Chapter 26 INTERGOVERNMENTAL PUBLIC TRANSPORTATION AUTHORITIES
    1. Article 1 Formation and Dissolution
      1. 28-9101 Definitions
      2. 28-9102 Formation
      3. 28-9103 Corporate existence; rights and immunities; official name
      4. 28-9104 Dissolution
    2. Article 2 Powers and Duties
      1. 28-9121 Organization; board of directors
      2. 28-9122 Administrative powers and duties
      3. 28-9123 Survey of public transportation needs
      4. 28-9124 Operation and maintenance of public transportation system
    3. Article 3 Financing
      1. 28-9141 Authority treasurer
      2. 28-9142 Public transportation authority fund
      3. 28-9143 Annual budget
  27. Chapter 27 LIGHT RAIL TRANSIT SYSTEM SAFETY
    1. Article 1 General Provisions
      1. 28-9201 Minimum safety standards; violation
      2. 28-9202 Public records; confidentiality
      3. 28-9203 Risk management; payment of costs

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 a motor vehicle that satisfies all of the following:

(a) Is designed primarily for recreational nonhighway all-terrain travel.

(b) Is fifty or fewer inches in width.

(c) Has an unladen weight of eight hundred pounds or less.

(d) Travels on three or more low pressure tires.

(e) Has a seat to be straddled by the operator and handlebars for steering control.

(f) Is operated on a public highway.

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. "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.

6. "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.

7. "Board" means the transportation board.

8. "Bus" means a motor vehicle designed for carrying sixteen or more passengers, including the driver.

9. "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.

10. "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.

11. "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.

12. "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.

13. "County highway" means a public road constructed and maintained by a county.

14. "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.

15. "Department" means the department of transportation acting directly or through its duly authorized officers and agents.

16. "Director" means the director of the department of transportation.

17. "Drive" means to operate or be in actual physical control of a motor vehicle.

18. "Driver" means a person who drives or is in actual physical control of a vehicle.

19. "Driver license" means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle.

20. "Electric personal assistive mobility device" means a self-balancing two nontandem wheeled device with 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.

21. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry.

22. "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.

23. "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.

24. "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.

25. "Implement of husbandry" means a vehicle designed primarily for agricultural purposes and used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self-propelled or otherwise that meets all of the following conditions:

(a) Is used exclusively for carrying products of farming from one part of a farm to another part of the same farm or from one farm to another farm.

(b) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains and other farm crops.

(c) Is only incidentally operated or moved on a highway whether as a trailer or self-propelled unit.

26. "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.

27. "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.

28. "Local authority" means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state.

29. "Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.

30. "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 per cent grade.

31. "Motor driven cycle" means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower.

32. "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 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.

33. "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.

34. "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 excluding a tractor and a moped.

35. "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.

36. "Nonresident" means a person who is not a resident of this state as defined in section 28-2001.

37. "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.

38. "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.

39. "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.

40. "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.

41. "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.

42. "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 sight-seeing bus, school bus or taxi or a vehicle not operated on a scheduled route basis.

43. "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.

44. "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.

45. "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.

46. "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.

47. "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.

48. "State" means a state of the United States and the District of Columbia.

49. "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.

50. "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.

51. "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.

52. "Taxi" means a motor vehicle that has a seating capacity not exceeding fifteen passengers, including the driver, that is registered as a taxi in this state or any other state, that provides passenger services and that:

(a) Does not operate on a regular route or between specified places.

(b) Offers local transportation for a fare determined primarily on the basis of the distance traveled.

53. "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.

54. "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.

55. "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.

56. "Vehicle" means a device in, on or by which a person or property is or may be transported or drawn on a public highway, excluding devices moved by human power or used exclusively on stationary rails or tracks.

57. "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.

28-121. Violation; classification; exception; civil traffic violation; penalty assessment

A. A person who violates a provision of this title or who fails or refuses to do or perform an act or thing required by this title is guilty of a class 2 misdemeanor, unless the statute defining the offense provides for a different classification. This subsection does not apply to any provision or requirement of chapter 3, 5, 7 or 8, chapter 9, article 4 or chapter 10, article 10 of this title.

B. A violation of or failure or refusal to do or perform an act or thing required by chapter 3, 5, 7 or 8, chapter 9, article 4 or chapter 10, article 10 of this title is a civil traffic violation unless the statute defining the violation provides for a different classification. Civil traffic violations are subject to chapter 5, articles 3 and 4 of this title.

C. In addition to any other penalty assessment provided in this title, the court shall levy the penalty assessment as required by sections 12-116.01 and 12-116.02.

28-141. Prearranged ground transportation; applicability; definitions

A. The department shall not require a license or impose a fee on a motor vehicle providing prearranged ground transportation service if the motor carrier providing the service does all of the following:

1. Meets all applicable registration requirements for the interstate transportation of passengers under the ICC termination act of 1995 (P.L. 104-88; 109 Stat. 879; 49 United States Code sections 13901 through 13908).

2. Meets all applicable vehicle and intrastate passenger licensing requirements of the state in which the vehicle is domiciled or registered to do business.

3. Provides the service pursuant to a contract for either of the following:

(a) Transportation from this state, including intermediate stops, to a destination in another state.

(b) Transportation from this state, including intermediate stops in another state, to a destination in this state.

B. For the purposes of this section:

1. "Intermediate stop" means a pause in the transportation in order for one or more passengers to engage in personal or business activity, but only if the driver providing the transportation to the passenger does not, before resuming the transportation of the passenger or at least one of the passengers, provide transportation to any other person not included among the passengers being transported when the pause began.

2. "Prearranged ground transportation service" means transportation for a passenger or a group of passengers that is arranged in advance or that is operated on a regular route or between specified points.

28-142. Political subdivisions; public airports; taxis, livery vehicles and limousines

This title does not prohibit a political subdivision of this state or a public airport operator that operates a public airport pursuant to section 28-8421, 28-8423 or 28-8424 from establishing the number of taxis, livery vehicles or limousines that may conduct business in the political subdivision or at a public airport operating pursuant to section 28-8421, 28-8423 or 28-8424 or from setting additional or more restrictive requirements for the conduct of that business.

28-301. Transportation districts

The state is divided into six transportation districts as follows:

1. First district, Maricopa county.

2. Second district, Pima county.

3. Third district, Cochise, Greenlee and Santa Cruz counties.

4. Fourth district, Gila, Graham and Pinal counties.

5. Fifth district, Apache, Coconino and Navajo counties.

6. Sixth district, La Paz, Mohave, Yavapai and Yuma counties.

28-302. Transportation board; members; appointments; terms; compensation

A. A transportation board is established in the department of transportation.

B. The board consists of one member from each transportation district with a population of less than two million two hundred thousand persons according to the most recent United States decennial census and two members from each transportation district with a population of two million two hundred thousand or more persons according to the most recent United States decennial census.

C. The governor shall appoint members of the board for terms of six years pursuant to section 38-211 to expire on the third Monday in January of the appropriate year. When appointing members from a transportation district with a population of two million two hundred thousand or more persons according to the most recent United States decennial census, the governor shall take into account geographic balance within the district.

D. A person is not qualified to be a member of the board representing a transportation district if the person has not been a resident and taxpayer of this state and the county from which the person is chosen for at least five years immediately before the person's appointment.

E. The governor shall not appoint a member to serve two terms in succession. If a transportation district includes more than one county, the governor shall rotate the appointment of members for the district among the counties in the district.

F. If a member who represents a transportation district changes the member's residence to another county, the member's office becomes vacant.

G. Each member is eligible to receive compensation pursuant to section 38-611.

28-303. Powers and duties of the board; meetings

A. The board may meet when necessary at any place in this state. The board shall hold other regular meetings as it determines necessary. The chairman may call special meetings with the concurrence of at least two members.

B. The board shall meet for the purpose of organizing on or before the third Monday in January of each year at which time the board shall designate the district member with the shortest period of time remaining to serve a complete term as chairman. The chairman shall preside at all sessions. The board shall designate the district member with the next shortest period of time remaining to serve a complete term as vice-chairman. The vice-chairman shall preside in the absence of the chairman. If the district member with the least time to serve does not choose to serve as chairman, the members shall select a chairman from the remaining board members.

C. If the chairman's membership on the board is terminated for any reason, the remaining members of the board shall select another member to serve as chairman until the regular organizational meeting on or before the third Monday in January of each year.

28-304. Powers and duties of the board; transportation facilities

A. The board shall:

1. Develop and adopt a statewide transportation policy statement. The policy statement shall be adopted as described in section 28-306.

2. Adopt a long-range statewide transportation plan. The plan shall be adopted as described in section 28-307.

3. Adopt uniform transportation planning practices and performance based planning processes for use by the department. The practices and processes shall be developed as described in sections 28-502 and 28-503.

4. Adopt transportation system performance measures and factors and data collection standards to be used by the department. The performance measures, factors and standards shall be developed as described in sections 28-504 and 28-505.

B. With respect to highways, the board shall:

1. Establish a complete system of state highway routes.

2. Determine which state highway routes or portions of the routes are accepted into the state highway system and which state highway routes to improve.

3. Establish, open, relocate or alter a portion of a state route or state highway.

4. Vacate or abandon a portion of a state route or state highway as prescribed in section 28-7209.

5. Sell board funding obligations to the state treasurer as provided in section 28-7678.

C. The board shall:

1. Establish policies to guide the development or modification of the five year transportation facilities construction program that are consistent with the principles of performance based planning developed pursuant to article 7 of this chapter. The percentage of department discretionary monies allocated to the region in the regional transportation plan approved pursuant to chapter 17, article 1 of this title shall not increase or decrease unless the board, in cooperation with the regional planning agency, agrees to change the percentage of the discretionary monies.

2. Award all construction contracts for transportation facilities.

3. Monitor the status of these construction projects.

D. Consistent with the board's responsibilities, the board shall:

1. Consider the citizens transportation oversight committee's recommendations on the five year construction program for the regional transportation plan pursuant to chapter 17 of this title.

2. Respond to any complaint and approve, disapprove or modify recommendations regarding a complaint forwarded to it by the citizens transportation oversight committee within ninety days after the citizens transportation oversight committee forwards a complaint to the board.

E. The board shall determine priority program planning with respect to transportation facilities using the performance based methods developed pursuant to article 7 of this chapter.

F. With respect to transportation facilities other than highways, the board shall establish, open, relocate, alter, vacate or abandon all or portions of the facilities.

G. With respect to aeronautics, the board shall perform the functions prescribed in chapter 25 of this title.

H. The board shall not spend any monies, adopt any rules or implement any policies or programs to convert signs to the metric system or to require the use of the metric system with respect to designing or preparing plans, specifications, estimates or other documents for any highway project before the conversion or use is required by federal law, except that the board may:

1. Spend monies and require the use of the metric system with respect to designing or preparing plans, specifications, estimates or other documents for a highway project that is awarded before October 1, 1997 and that is exclusively metric from its inception.

2. Prepare for conversion to and use of the metric system not more than six months before the conversion or use is required by federal law.

28-305. Powers and duties of the board; rules

The board shall prescribe rules for the effective administration of its powers, duties and responsibilities, including rules relating to:

1. Priority programs.

2. Establishing, altering or vacating highways.

3. Construction contracts.

4. Revenue bonds.

5. Local government airport grants.

6. Designating or establishing scenic or historic highways.

7. Prohibiting bid rigging.

28-306. Statewide transportation policy statement

A. The board shall develop a statewide transportation policy statement as provided in this section.

B. The statewide transportation policy statement shall be developed and adopted on or before January 1, 2003 and shall be reviewed and updated on or before January 1 of each odd-numbered year thereafter.

C. The statewide transportation policy statement shall include the performance expectations for the statewide transportation system over the next twenty years using the performance measures developed pursuant to section 28-504. The policy statement shall provide guidance to the department in developing a comprehensive and balanced statewide highway system.

D. In establishing the long-range policy goals for the statewide transportation system, the board shall ensure that the future transportation system facilitates, rather than directs, future development in this state.

E. In establishing the statewide transportation policy statement, the board shall consider, to the greatest extent possible, local, regional and tribal transportation goals.

28-307. Long-range statewide transportation plan; board duties

A. The board shall develop a statewide transportation plan as provided in this section and section 28-506.

B. The statewide plan shall be adopted on or before December 31, 2004 and shall be reviewed and updated on or before July 1 of each fifth year thereafter. The board shall update the dollar estimates in the statewide plan every two years in conjunction with the certifications required by section 28-335.

C. In establishing the statewide plan, the board shall endeavor to ensure that the future transportation system facilitates, rather than directs, future development in this state. To the greatest extent possible, the board shall ensure that the statewide plan reflects the future transportation needs of the various areas of this state as reflected in adopted local and regional land use and general plans.

D. In establishing the statewide plan, the board shall consider, to the greatest extent possible, local, regional and tribal transportation plans.

28-331. Department of transportation established

A. A department of transportation is established. The department shall provide for an integrated and balanced state transportation system.

B. The director is responsible for the administration of the department.

C. The transportation board has the policy powers and duties prescribed in sections 28-304, 28-305, 28-7209 and 28-8202 and shall advise the director on other matters as required.

28-332. Department of transportation jurisdiction; duties; divisions

A. The exclusive control and jurisdiction over state highways, state routes, state owned airports and all state owned transportation systems or modes are vested in the department of transportation.

B. The department shall:

1. Register motor vehicles and aircraft, license drivers, collect revenues, enforce motor vehicle and aviation statutes and perform related functions.

2. Do multi-modal state transportation planning, cooperate and coordinate transportation planning with local governments and establish an annually updated priority program of capital improvements for all transportation modes.

3. Design and construct transportation facilities in accordance with a priority plan and maintain and operate state highways, state owned airports and state public transportation systems.

4. Investigate new transportation systems and cooperate with and advise local governments concerning the development and operation of public transit systems.

5. Have administrative jurisdiction of transportation safety programs and implement them in accordance with applicable law.

C. In order to carry out the responsibilities enumerated in subsection B, the department is organized into the following divisions:

1. Motor vehicle.

2. Transportation planning.

3. Highways.

4. Aeronautics.

5. Public transit.

6. Administrative services.

28-333. Legal counsel

The attorney general is the legal adviser of the department and shall provide legal services as the department requires. Compensation for personnel assigned by the attorney general to perform the services is a charge against appropriations to the department. The attorney general shall prosecute and defend in the name of this state all actions necessary to carry out this title.

28-334. Acceptance and expenditure of federal monies; limitations

A. The department may accept and expend grants, donations, aid or other monies received from the federal government or any agency of the federal government for any transportation purpose.

B. The department may contract and do all things necessary to secure the full benefits available to this state for transportation purposes under federal law and, in doing so, may cooperate with federal, state and local government agencies, Indian tribes, private and public organizations and private individuals. The department may exchange federal funds with local governments in order to receive local funds and may include additional federal funds in the exchange to offset matching costs required of local governments.

C. This chapter shall not be construed to affect the authority of other agencies or boards of this state or political subdivisions from accepting, receiving or expending grants or other monies from the federal government or any agency of the federal government for transportation purposes pursuant to other provisions of law or charter.

28-335. Comprehensive financial management system

A. The department shall establish a comprehensive financial management system.

B. The comprehensive financial management system shall include separate certifications of future estimated revenues and future estimated system costs as reflected in the long-range statewide transportation plan developed and updated pursuant to sections 28-307 and 28-506. All transportation revenues, including federal, state, regional and local revenues, shall be included in the certifications. All transportation costs shall be included in the certification of anticipated costs, including optimal long-term system preservation costs and system maintenance and administration costs as well as system expansion costs. In developing the data collection and reporting methodologies, until January 1, 2006, the department shall provide for the use of estimates of the items required in this section if the department or a regional or local transportation agency is unable to obtain reliable information pertaining to the items required.

C. The department shall complete the certifications on or before December 31, 2004 and on or before July 1 of each even-numbered year thereafter.

D. All state, regional and local transportation agencies shall assist the department in preparing the certifications. Tribal governments are encouraged to assist the department in preparing the certifications.

E. If the department is unable to obtain reliable information concerning the revenues or costs of components of the transportation system, it may develop and use estimates of those amounts in order to comply with this section.

28-361. Director; appointment; compensation

A. The governor shall appoint the director pursuant to section 38-211 from a list of qualified candidates submitted by the transportation board. The director serves at the pleasure of the governor.

B. The department of administration in consultation with the governor's office shall prepare a job description for the position of director and shall recruit candidates for the position. The board shall receive and review applications for the position of director and shall forward the names of all qualified applicants to the governor. The governor may ask for additional names and recommendations at any time.

C. The director is eligible to receive compensation pursuant to section 38-611.

28-362. Deputy director of the department

The director may appoint a deputy director of the department with the approval of the governor. The deputy director serves at the pleasure of the director. The deputy director is directly responsible for the duties delegated to the deputy director by the director.

28-363. Duties of the director; administration

A. The director shall:

1. Supervise and administer the overall activities of the department and its divisions and employees.

2. Appoint assistant directors for each of the divisions.

3. Provide for the assembly and distribution of information to the public concerning department activities.

4. Delegate functions, duties or powers as the director deems necessary to carry out the efficient operation of the department.

5. Exercise complete and exclusive operational control and jurisdiction over the use of state highways and routes.

6. Coordinate the design, right-of-way purchase and construction of controlled access highways that are either state routes or state highways and related grade separations of controlled access highways.

7. Coordinate the design, right-of-way purchase, construction, standard and reduced clearance grade separation, extension and widening of arterial streets and highways under chapters 17 and 18 of this title.

8. Assist regional transportation planning agencies, councils of government, tribal governments, counties, cities and towns in the development of their regional and local transportation plans to ensure that the streets, highways and other regionally significant modes of transportation within each county form an integrated and efficient regional system.

9. On or before December 1, present an annual report to the speaker of the house of representatives and the president of the senate documenting the expenditures of monies under chapters 17 and 18 of this title during the previous fiscal year relating to the design, right-of-way purchase or construction of controlled access highways that are accepted in the state highway system as state routes or state highways or related grade separations of controlled access highways that are included in the regional transportation plans of the counties.

10. Designate the necessary agencies for enforcing the provisions of the laws the director administers or enforces.

11. Exercise other duties or powers as the director deems necessary to carry out the efficient operation of the department.

12. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.

13. Develop a plan to increase use of bypass routes by vehicles on days of poor visibility in the Phoenix metropolitan area.

B. The assistant directors appointed pursuant to subsection A are exempt from the state personnel system.

C. The director shall not spend any monies, adopt any rules or implement any policies or programs to convert signs to the metric system or to require the use of the metric system with respect to designing or preparing plans, specifications, estimates or other documents for any highway project before the conversion or use is required by federal law, except that the director may:

1. Spend monies and require the use of the metric system with respect to designing or preparing plans, specifications, estimates or other documents for a highway project that is awarded before October 1, 1997 and that is exclusively metric from its inception.

2. Prepare for conversion to and use of the metric system not more than six months before the conversion or use is required by federal law.

28-364. Powers of the director

A. The director may provide technical transportation planning expertise to local governments when requested, coordinate local government transportation planning with regional and state transportation planning and guide local transportation planning to assure compliance with federal requirements. The planning authority granted by this subsection does not preempt planning responsibilities and decisions of local governments.

B. If the governor declares a state of emergency, the director may contract and do all things necessary to provide emergency transportation services for the residents in the affected areas whether the emergency transportation is by street, rail or air.

C. On a determination that it is in this state's best interest, the director may authorize payment for necessary relocation costs in advance of work being performed if an existing facility owned by the United States must be relocated or adjusted due to construction, modification or improvement of a state highway. The director shall base each advance payment on an estimate of cost of the proposed relocation or adjustment prepared by the federal government and acceptable to the director and shall base the final compensation on the actual agreed cost.

D. The director of the department of transportation in consultation with the director of the department of public safety shall develop procedures to exchange information for any purpose related to sections 28-1324, 28-1325, 28-1326, 28-1462 and 28-3318.

E. The director of the department of transportation in conjunction with the director of the department of weights and measures shall develop procedures to electronically exchange and record information between the departments for enforcement purposes or any other purpose that the directors deem necessary related to the registration and licensing of taxis, livery vehicles or limousines.

28-365. Disposition of fees

Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees collected under this chapter in the Arizona highway user revenue fund.

28-366. Director; rules

The director shall adopt rules pursuant to title 41, chapter 6 as the director deems necessary for:

1. Collection of taxes and license fees.

2. Public safety and convenience.

3. Enforcement of the provisions of the laws the director administers or enforces.

4. The use of state highways and routes to prevent the abuse and unauthorized use of state highways and routes.

28-367. Public transit

The director shall:

1. Receive, allocate, control and disperse all monies designated for state public transit programs by federal or state law or rule.

2. Pass on projects for construction in cooperation with the United States.

3. Negotiate and enter into contracts on behalf of this state with the United States for the cooperative construction and maintenance of federal aid public transit systems in this state.

4. Enter into agreements on behalf of this state with counties, cities, towns, public transit districts or any other political subdivisions for the improvement or maintenance of public transit systems or for the joint improvement or maintenance of public transit systems.

5. Enter into contracts for the construction of state public transit systems.

6. Adopt rules for the application for and the expenditure of all public transit monies.

28-368. Property acquisition; definition

A. The director may acquire in the name of this state by gift, grant, purchase, lease-purchase, condemnation or any other lawful manner real property or buildings that are necessary, useful or convenient for the use of the department. The director shall not acquire land or buildings by purchase or condemnation without prior approval of the joint committee on capital review established by section 41-1251 and without an appropriation of monies by the legislature for the acquisition.

B. The director may enter into certificate of participation financing arrangements to provide financing or refinancing for real property or buildings that are necessary, useful or convenient for the use of the department.

C. A lease-purchase agreement relating to land or buildings under this section shall provide that:

1. The obligation of this state to make a payment under the agreement is a current expense of the department, is payable exclusively from appropriated monies and is not a general obligation indebtedness of this state or the department.

2. If the legislature fails to appropriate monies or the department fails to allocate the monies for any periodic payment or renewal term of the agreement, the agreement terminates at the end of the current term and this state and the department are relieved of any subsequent obligation under the agreement.

3. The attorney general and the joint committee on capital review shall review and approve the agreement before the lease-purchase agreement takes effect.

D. The attorney general shall review the agreement for compliance with the constitution and laws of this state. If in the attorney general's opinion the agreement is in compliance, the attorney general shall append the attorney general's certification to the agreement and return it to the department. On request by the director, the attorney general may give other opinions relating to the agreement.

E. The joint committee on capital review shall review and approve a lease-purchase agreement under this section before the agreement takes effect.

F. The department may covenant to use its best efforts to budget, obtain, allocate and maintain sufficient appropriated monies to make payments under a lease-purchase agreement. The agreement shall acknowledge that appropriating state monies is a legislative act and is beyond the control of the department or of any other party to the agreement.

G. For the purposes of this section, "certificate of participation financing" means an installment purchase or lease-purchase agreement that is subject to appropriations and that is structured to allow investors to receive a portion of the principal and interest payments made by the department as required by the agreement.

28-369. Law enforcement powers; ports of entry; violation; classification

A. The director and officers, agents and employees of the department or local or state law enforcement agencies the director designates are peace officers. The director may designate:

1. Regular peace officers with like authority of other peace officers of this state or cities and towns of this state.

2. Specialty peace officers whose powers are limited to the enforcement of motor vehicle laws and rules.

B. The director and designated officers, agents and employees may exercise the powers prescribed in subsection A of this section throughout this state.

C. A regular peace officer designated pursuant to subsection A, paragraph 1 of this section:

1. Shall meet the minimum qualifications established for peace officers pursuant to section 41-1822.

2. Except as provided in title 38, chapter 5, article 4, is not eligible to participate in the public safety personnel retirement system.

D. This section does not preempt the authority and jurisdiction of established agencies and political subdivisions of this state.

E. A peace officer as defined in section 41-1701 or a peace officer designated in subsection A of this section may require a vehicle that is subject to the fee in section 28-5433 or the requirements of sections 28-2321 through 28-2324 to stop at a port of entry in this state for the purpose of enforcing a motor vehicle law prescribed in this title. A person who fails to stop as required by this subsection is guilty of a class 1 misdemeanor.

28-370. Oaths and acknowledgments; power of attorney; definition

A. The director and officers, agents and employees of the department the director designates may administer oaths and acknowledge signatures, without a fee, in any matter connected with the administration of a law the enforcement of which is vested in the director.

B. Notwithstanding title 14, chapter 5, article 5:

1. The director or an officer, agent or employee of the department designated by the director may witness a power of attorney to be used solely in the performance of vehicle title and registration activities.

2. For the purposes of executing a power of attorney in the performance of vehicle title and registration activities, the power of attorney is not required to be:

(a) Notarized if it is witnessed by the director or an officer, agent or employee of the department designated by the director.

(b) Witnessed if it is notarized.

C. For the purposes of this section, "agent" includes a motor vehicle dealer, a title service company or any other third party authorized pursuant to this title.

28-371. Surety bond

A. The director may authorize a person who is required to pay a fee to the department pursuant to section 28-2003, 28-2094, 28-2352, 28-2402, 28-2481, 28-3002, 28-4302, 28-4533, 28-4540, 28-4542, 28-4544 or 28-4802, article 5 of this chapter or chapter 15, article 2 of this title to file with the director a bond on a form approved by the director with a surety company authorized by the corporation commission to transact business in this state as a surety. The person is the principal obligor, and this state is the obligee on the bond. The bond shall be conditioned on the payment by the person to the department of all fees together with any interest and penalties imposed by the department pursuant to this title. The director may accept cash deposits instead of a surety bond to guarantee fee payments.

B. The director shall determine the total amount of the bond required of a person, but the amount shall not exceed approximately three times the highest monthly fee estimated by the director to become due by the person. The director may increase or decrease the amount of the bond at any time.

28-372. Returned checks; fee

A. The director may assess:

1. The fee specified in section 44-6852 for a check, draft or order that has been dishonored because of insufficient monies, payments stopped or closed accounts.

2. Collection costs.

B. The director shall deposit, pursuant to sections 35-146 and 35-147, service fees for dishonored checks, drafts or orders that were submitted for titling and registering vehicles in the state highway fund established by section 28-6991. The director shall deposit, pursuant to sections 35-146 and 35-147, all other service fees collected under subsection A of this section in the highway user revenue fund.

28-373. Refunds; limitations

A. If the director determines that any tax, penalty, fee or interest has been overpaid or collected that was not lawfully due, the director shall state this fact in the director's records. The director shall either credit the overpayment on an amount due from the person or make a refund to the person or the person's successors, administrators, executors or assignees from receipts that are in the possession of the director and that are collected under the same statute.

B. Except as provided in this section and except as otherwise provided in this title, application fees, public record fees, permit fees, license fees and fees and taxes paid for vehicle registration are not refundable once paid.

C. Notwithstanding subsection B, the director may refund the fees prescribed in subsection B if both of the following conditions exist:

1. The service has not been rendered or the permit has not been used.

2. It has been determined that the director erred in accepting payment or that the director contributed to a misunderstanding on the part of the person making payment by providing inaccurate, misleading or incorrect information.

D. Except as otherwise provided by statute, a person shall make a request for a refund to the director within one year of the date of payment on which a claim for refund is made.

28-374. Fees and taxes; alternative payment methods; penalties

A. Subject to the limitations of sections 35-142 and 41-2544, the director may enter into agreements for the purpose of accepting payment for fees and taxes imposed under this title by alternative payment methods, including credit cards, debit cards and electronic funds transfers.

B. Before the revenues are transferred to the director as provided in sections 28-2005 and 28-6533, the collecting officer shall deduct any fee charged or withheld by a company providing the alternative payment method under an agreement with the director or the director may reimburse the collecting officer pursuant to an agreement.

C. For a tax year or reporting period that begins on or after January 1, 1998, the department may require by rule that a person who owed twenty thousand dollars or more for the preceding tax year in taxes imposed by chapter 16, article 1 of this title pay taxes on or before the prescribed payment date in monies that are immediately available to this state on the date of transfer as provided in subsection D of this section. The rule shall be consistent with the cash management policies of the state treasurer.

D. A payment in monies that are immediately available shall be made by electronic funds transfer or any other means that is required by the department, that is approved by the state treasurer and that ensures the availability of the monies to this state on the date of payment.

E. A person who pays taxes as prescribed in subsection C of this section shall furnish to the department evidence as prescribed by the department that shows that payment was remitted on or before the prescribed payment date.

F. A person who fails to make a timely payment in monies that are immediately available is subject to penalties as prescribed in chapter 16 of this title.

28-375. Alternative office hours for motor vehicle division offices

To meet the needs of the public the director may establish hours of operation for motor vehicle division offices other than the office hours for state offices provided in section 38-401.

28-401. Intergovernmental agreements

A. The department may contract under title 11, chapter 7, article 3 with a state public agency in this state or any other state if the general welfare of this state will be promoted and protected and if not in conflict with any other law.

B. The director shall enter into agreements on behalf of this state with political subdivisions or Indian tribes for the improvement or maintenance of state routes or for the joint improvement or maintenance of state routes.

C. The department may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with a county with a population of more than two million persons for the construction, design, acquisition and attendant acquisition costs of a county highway bridge to provide direct access to commercial, residential and recreational facilities. The agreement shall:

1. Contain the commitment of the county to pay other monies for the purpose of financing the bridge.

2. State the responsibilities of each party with regard to planning, designing, constructing, owning and maintaining the bridge.

3. Provide that payment for the costs of the bridge shall be made from contributions from the parties to the agreement and other contributors before the use of state transaction privilege tax distributions.

D. The department may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with a county with a population of more than two million persons for the design, reconstruction and improvement costs of a county highway approaching and traversing a bridge constructed pursuant to subsection C of this section. The agreement shall:

1. Contain the commitment of the county to pay other monies for the purpose of financing the highway improvements.

2. State the responsibilities of each party with regard to planning, designing, constructing, owning and maintaining the highway.

3. Provide that payment for the costs shall be made from contributions from the parties to the agreement and other contributors before the use of state transaction privilege tax distributions.

4. Provide for reimbursement to the state general fund of the amount of highway improvement revenues paid to the highway improvement interest fund or redemption fund under section 28-7656, subsection B on the voluntary conveyance of a majority ownership interest in a sports entertainment facility as prescribed by section 42-5032, subsection B.

5. Contain the representation of the county that it has the legally binding assurance of the owner of a sports entertainment facility as defined in section 42-5032, subsection E, that the owner will reimburse the county for any and all expense the county may incur under subsection D, paragraph 4 of this section and section 42-5032, subsection B.

6. Be submitted to the joint legislative budget committee for its review before the execution of the agreement.

E. The department may enter into agreements with Indian tribes to provide a method or formula to refund taxes paid on exempt motor fuel purchases or use pursuant to this title. For the purposes of this subsection, "motor fuel" has the same meaning prescribed in section 28-5601.

F. The department may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 that obligates the department to indemnify and defend a city, town, county, flood control district, irrigation district or agricultural improvement district or any other political subdivision or governmental agency against claims of liability for injuries, losses or damages incurred in any way as a result of the acts or omissions of the department, including acts, errors, omissions or mistakes of any person for which the department may be liable, and arising out of the construction, operation or maintenance of department projects or facilities or use of department projects or facilities. A city, town, county, flood control district, irrigation district or agricultural improvement district or any other political subdivision or governmental agency may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 that obligates such an entity to indemnify and defend the department against claims of liability for injuries, losses or damages incurred in any way as a result of the acts or omissions of such entity, including acts, errors, omissions or mistakes of any person for which the entity may be liable, and arising out of the construction, operation or maintenance of projects or facilities or use of projects or facilities. Any indemnification pursuant to an intergovernmental agreement must be approved by state risk management in the department of administration.

28-402. Intergovernmental agreements; ports of entry

A. The department may enter into intergovernmental agreements with adjoining states pursuant to title 11, chapter 7, article 3 for the purpose of operating facilities at ports of entry into this state.

B. The director may negotiate and enter into bilateral agreements with designated representatives of contiguous states to provide for the staffing and operation of jointly occupied ports of entry located within the boundaries of this state or an adjoining state. The agreement may allow employees of either state to collect fees, taxes and penalties imposed by rules or laws of either state for the operation of vehicles on the highways of either state and for the issuance of required permits.

C. The director may appoint employees of the adjoining state as law enforcement agents of the department whose powers are strictly limited to the enforcement of tax, weight, size and load, equipment, safety and financial responsibility laws and rules of this state relating to vehicles entering or exiting this state. The director may allow employees of the department to accept similar appointments with the adjoining states.

D. The agreement shall provide that this state shall not compensate an employee of the adjoining state appointed pursuant to this section and that the employee is not an employee of this state for purposes of employment rights or benefits. An employee of the adjoining state shall agree that this state shall not compensate the employee and that the employee is not an employee of this state for purposes of employment rights or benefits.

E. An employee of this state who accepts an appointment from an adjoining state is not an employee of that state by virtue of the appointment or for purposes of employment rights or benefits. The employee shall not receive compensation from an adjoining state.

28-403. Interstate agreements; commercial vehicle registration

The director may enter into agreements with other states on behalf of this state relating to registration of commercial vehicles in the manner provided for in chapter 7, articles 7 and 8 of this title to facilitate the administration of the registration. The registration of fleet vehicles under those articles is subject to the rights, terms and conditions granted or contained in an agreement made pursuant to this section. The director may conclude arrangements or agreements with other states for the exchange of information for audit and enforcement activities in connection with the registration.

28-404. Interstate agreements; fee and tax exemptions

The director may enter into agreements with other states on behalf of this state relating to the partial or total exemption from payment of lieu taxes, gross weight fees or use fees, and the partial or total exemption from payment of registration fees of vehicles registered and licensed in a state adjoining this state if the vehicles are used in this state within twenty-five miles of the border and if the owner and vehicles are domiciled in the adjoining state but within twenty-five miles of the border of this state.

28-405. Contract; civil penalty collection

A court or political subdivision of this state may contract with the department to collect unpaid civil penalties under terms and conditions prescribed in the contract.

28-406. Interstate agreements; dealer or manufacturer plates

The director may enter into agreements with other states on behalf of this state relating to reciprocity in the use of dealer or manufacturer plates on vehicles. The agreements shall permit motor vehicle dealers or manufacturers in another state to use dealer or manufacturer plates issued by that state in this state without registration of the vehicle or payment of taxes in this state. The use of these plates is subject to the same terms and conditions that the other state imposes on the use of the plates in the other state by a motor vehicle dealer or manufacturer doing business in this state without registration of the vehicle or payment of the taxes in the other state.

28-407. Agreements with other jurisdictions; parking privileges

A. The director may enter into agreements with other jurisdictions, including foreign jurisdictions, on behalf of this state that extend parking privileges to residents of this state with a permanent disability and that recognize international symbol of access special plates issued by the other jurisdictions.

B. This state shall grant the same parking privileges as granted to a resident of this state to a nonresident for a motor vehicle that is licensed in another state or foreign country and that displays the international symbol of access special plates issued in accordance with the laws of the nonresident state or foreign country even if a written agreement to do so does not exist between this state and the nonresident's state or foreign country.

28-408. Agreements with nonpublic entities

The director shall enter into agreements by direct contract with nonpublic entities for services or shall jointly exercise any powers common to the contracting parties that the director deems necessary and in the best interests of the department subject to the limitations of section 41-2544.

28-409. Agreements with public and private entities; fund

A. The director shall:

1. Subject to the limitations of section 41-2544, enter into agreements by direct contract with public and private entities or their authorized agents, brokers or subcontractors for services located in department offices that the director deems of mutual interest to both parties.

2. For compensation, enter into agreements by direct contract with public and private entities or their authorized agents, brokers or subcontractors to advertise goods and services.

B. The shared location and advertising agreements expense fund is established consisting of monies received pursuant to agreements entered into pursuant to this section. Monies in the fund are continuously appropriated. The director may use monies deposited in the fund to partially offset the cost incurred by the department in providing a location or advertising. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. The director shall not enter into any agreements pursuant to this section without first contacting at least two competitors of the proposed contractor to determine whether terms more beneficial to this state than those offered by the proposed contractor are available. The director shall document the department's efforts to obtain competitive proposals in the contract file.

28-410. Computer software agreements

A. The director may enter into agreements on behalf of this state with private entities for the distribution, licensing, leasing or sale of computer software developed by the department. The private entities that enter into an agreement with the department pursuant to this subsection may only distribute, license, lease or sell the computer software to governmental agencies located outside of this state and to private entities.

B. The department may distribute, license, lease or sell computer software developed by the department to private entities, other agencies or political subdivisions of this state and third parties authorized pursuant to chapter 13 of this title. If the department distributes, licenses, leases or sells computer software developed by the department to other agencies or political subdivisions of this state, the department may enter into a site license contract with the agency or political subdivision of this state. Other agencies and political subdivisions of this state and authorized third parties that acquire computer software from the department pursuant to this subsection shall not distribute, license, lease or sell the computer software to any other person.

C. The department may enter into agreements with other agencies and political subdivisions in this state for the maintenance and support of computer software acquired by an agency or political subdivision pursuant to subsection B of this section.

D. The director may enter into agreements with agencies or political subdivisions in other states for the sharing or exchange of computer software and web based programs developed by the department if it is determined to be in the best interest of this state. Entities outside of the department that share or exchange the computer software and web based programs pursuant to this subsection shall not distribute, license, lease or sell the computer software or web based program to any other person or agency.

E. The department may enter into agreements with tribes pursuant to subsections B, C and D of this section.

F. The director shall deposit, pursuant to sections 35-146 and 35-147, monies generated pursuant to this section in the state highway fund established by section 28-6991.

28-411. Prompt payment; progress payment; consultants and contractors; subconsultants and subcontractors

A. The department shall make progress payments pursuant to the terms of an agreement with a consultant or contractor on the basis of an invoice for work already performed. All progress payments shall be paid on or before the twenty-first day after the date the department receives the invoice unless the department does not approve and certify the invoice pursuant to subsection B of this section.

B. Any invoice from a consultant or contractor for progress payments shall be deemed approved and certified by the department unless within seven days from the date the department receives the invoice the department sends the consultant or contractor written notice by first class mail of those items that the department does not approve and certify under the terms of the agreement.

C. On or before the seventh day after the date the department makes a progress payment, if the consultant or contractor contracted with subconsultants or subcontractors to perform the work for which the department made the progress payment, the consultant or contractor shall pay the subconsultants or subcontractors for the work performed to the extent of each subconsultant's or subcontractor's contractual interest in the progress payment. If any subconsultant or subcontractor contests the amount paid by a consultant or contractor from a progress payment made under subsection A of this section, the subconsultant or subcontractor shall notify the department in writing within thirty days after receiving the payment from the consultant or contractor. This subsection does not apply if the contract between the consultant or contractor and the subconsultant or subcontractor expressly provides that the prompt payment provisions of this subsection do not apply to the agreement between the consultant or contractor and the subconsultant or subcontractor.

D. If a consultant or contractor fails to pay a subconsultant or subcontractor within seven days of receiving a progress payment from the department, the consultant or contractor shall pay the subconsultant or subcontractor interest on the unpaid balance, beginning on the eighth day at the rate of one per cent per month or fraction of a month. This subsection does not apply if the contract between the consultant or contractor and the subconsultant or subcontractor expressly provides that the prompt payment provisions of this subsection do not apply to the agreement between the consultant or contractor and the subconsultant or subcontractor.

E. A subconsultant or subcontractor may submit a written request to the department asking the department to notify the subconsultant or subcontractor of each subsequent progress payment made to the consultant or contractor. If the department receives a written request under this subsection, the department shall send the requesting party a written notice by first class mail of each subsequent progress payment within five days of making the progress payment.

F. Agreements with the department for consultant or contractor services do not alter the rights of any consultant or contractor to receive prompt and timely payment as provided under this section.

G. To the extent that this section conflicts with section 28-6924, section 28-6924 controls any agreement between the department and a contractor for highway construction projects.

28-440. Definitions

In this article, unless the context otherwise requires:

1. "Bulk records" means multiple records that are retrieved collectively from the department's database as a result of a single request. Bulk records does not include retrieving one record at a time from a single request.

2. "Duplicate" means a counterpart produced by any of the following:

(a) The same impression or from the same matrix as the original.

(b) Means of photography, including enlargements and miniatures.

(c) Mechanical or electronic rerecording.

(d) Chemical reproduction.

(e) Any other equivalent technique that accurately reproduces the original.

3. "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

4. "Express consent" means consent in writing, including consent that is conveyed electronically and that bears an electronic signature.

5. "Highly restricted personal information" means an individual's photograph or image, social security number and medical or disability information.

6. "Insurance support organization" has the same meaning prescribed in section 20-2102.

7. "Medical or disability information" means a restriction or medical code placed on a person's motor vehicle record pursuant to section 28-3159, subsection A, paragraph 1 or section 28-3167.

8. "Motor vehicle record" means any record that pertains to a driver license or permit, vehicle registration, vehicle title or identification document issued by the department or its duly authorized third parties, agents or contractors that are authorized to issue any of those documents.

9. "Opt in" means a customer of the department has provided express consent to the department to allow the release of the customer's personal information, including highly restricted personal information, in a form prescribed by the director.

10. "Original":

(a) Of a record means the record itself or any counterpart intended to have the same effect by the person executing or issuing it.

(b) Of a photograph means the negative or a print from the negative.

(c) Of data stored in a computer or similar device means a printout or other output that is readable by sight and that is shown to reflect the data accurately.

11. "Personal information" means information that identifies an individual, that includes an individual's photograph, social security number, driver identification number, name, address, telephone number and medical or disability information. Personal information does not include an individual's five digit zip code and information about vehicular accidents, driving violations and driver status.

12. "Photographs" includes still photographs, x-ray films, videotapes, motion pictures and digitized electronic images.

13. "Records" has the same meaning prescribed in section 41-1350.

14. "Vehicle history report" means a report that is developed to track the registration and total loss history of a particular vehicle and includes odometer readings and brand codes, title brand codes and any related vehicle data. Vehicle history report does not include names and addresses.

28-441. Duplication of records

A. The director may cause any records kept by the department to be duplicated.

B. Except as otherwise provided by law, duplicates are admissible in evidence in courts pursuant to court rules.

28-442. Records; evidence

A certified duplicate is deemed an original for all purposes and is admissible in evidence without further foundation in all courts or administrative agencies.

28-443. Records; management; destruction

A. The director shall establish and maintain an active, continuing program for the economical and efficient management of the department's records pursuant to section 41-1346.

B. The director shall authorize the destruction of records pursuant to sections 41-1347 and 41-1351.

28-444. Computer storage; evidence

A. The director may cause the information contained on an original or duplicate made pursuant to this article to be placed on computer storage devices, but the original or the duplicate shall be maintained by the department for as long as required by law or the director deems necessary after which time the records may be disposed of as provided in this article. Signatures on records need not be placed on the computer storage devices.

B. A duplicate of the information placed on computer storage devices is admissible in evidence without further foundation in all courts or administrative agencies if the following certification appears on each page:

This document is a certified duplicate of the information contained in the computer storage devices of the department of transportation, motor vehicle division, in accordance with Arizona Revised Statutes section 28-444.

28-445. Seal; authentication of records

A. The director shall adopt a seal of office to use to authenticate records and copies of records that are required to be made and kept by the department.

B. Each assistant director shall use the director's seal to authenticate records required to be made and kept within the assistant director's division.

C. Authenticated records or authenticated copies of records shall be received in evidence without further proof of their authenticity.

28-446. Fees for copies; exemptions

A. The department may furnish information from the records that are required to be kept by this title or may furnish copies from the records. The department may charge a fee for providing the information or copies that does not exceed three dollars for each item.

B. The department shall not charge any of the following for copies of records, for certified copies of records or for information furnished from its records:

1. This state or its departments, agencies or political subdivisions.

2. A court.

3. The federal government or its agencies.

4. A law enforcement agency in a foreign country.

C. The department shall furnish either of the following to any person on payment of a fee of five dollars:

1. Certified copies of public records designated pursuant to section 28-447.

2. Vehicle title history information.

D. This section does not apply to information required by law to be kept confidential or to statistical information, the purpose of which relates to traffic accidents, traffic offenses or traffic enforcement.

E. The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected under this section in the Arizona highway user revenue fund.

28-447. Public records

A. An application for a license, permit, title or registration made to the department and a document required by law or by the department to accompany the application is a public record, except a medical report and a report voluntarily submitted by a physician or a registered nurse practitioner as defined in section 28-3005, except as provided by section 28-455 and except as otherwise provided by law.

B. If the department is required or authorized to revoke, suspend or cancel a driver license or to suspend vehicle registrations pursuant to chapter 9 of this title, it shall notify the holder by a written notice that includes a citation to the statute or rule under which the action is authorized or required. The department shall retain a copy of the notice. The copy of the notice shall contain a certification that the original notice was mailed and the date the notice was mailed. The copy of the notice is a public record. If the copy is addressed to a licensee at the address last shown on the department's records, as evidenced by the person's driver license application or subsequent notification pursuant to section 28-448 by the person of a different address, it is presumed, unless otherwise shown by clear and convincing evidence, that the person to whom the notice was addressed received the original notice.

C. The department may place notes, date stamps, identifying numbers or other information on an application, a record of conviction or any other record as is necessary to ensure the accuracy of the record and to expedite its handling. The information does not affect the validity of a record, except that the markings are not considered a part of the record for evidentiary purposes unless proven accurate by other records of the department or other competent evidence.

28-448. Notice of address or name change; address update; civil traffic violation

A. If a person's name or address changes after the person applies for or receives a driver license or nonoperating identification license or after the person applies for or receives a vehicle registration or vehicle title, the person shall notify the department within ten days after the change of the old and new address or the former and new name and the following:

1. If a registration or title is applied for or received, the number of vehicles registered to the person and the vehicle identification numbers of the vehicles.

2. If a driver license or nonoperating identification license is applied for or received, the person's date of birth and the number of each license held by the person or a statement that each license is suspended, revoked or canceled.

B. A person may notify the department of an address change by telephone, in writing, in person or by approved electronic means and of a name change in person or in writing.

C. The department may update an address in a vehicle registration record or driver license record if a traffic citation received by the department or records of another consenting government agency indicate an address change after the date the address was stated in department records.

D. A violation of this section is a civil traffic violation.

28-449. Information requests for public records

A. The director may designate as custodian of the department's public records as many employees of the department as the director deems necessary.

B. A person who requests a copy of or information from a public record designated pursuant to section 28-447 shall present personal identification and state the reason for making the request. The department shall verify the name and address of the person making the request by requiring the person to produce information the department determines is necessary to ensure that the name and address of the person are the person's true name and address.

C. The department may supply the requested information by mail.

D. The department shall maintain a file of requests for information for six months. The department shall maintain the file by the name of the person whose record was requested.

28-451. Maintaining records

A. If pursuant to this title an application or record is required to be filed, an index is required to be maintained or a record is required to be compiled and if the director adopts rules to provide that the filing, indexing or compilation be accomplished by use of a computer so that on inquiry to the computer it is capable of disclosing and reproducing all information required by law, the director is not required to file, compile or index records other than by the use of a computer.

B. If a computer is used, the director shall preserve applications or records from which the information was obtained for as long as required by law or until a new application is filed by an applicant or a new record is received and the application or record is no longer needed to carry out the provisions of this title.

C. The director is not required to store signatures on applications or on records.

28-453. Electronic transfer of information

The department may accept electronic communication, transfer or receipt of any abstract, affidavit, application information, copy, form, order, report, record or other information prescribed in this title in accordance with rules adopted by the director.

28-454. Records maintained by department of transportation; redaction; definitions

A. Notwithstanding sections 28-447 and 28-455, an eligible person may request that persons be prohibited from accessing the person's residential address and telephone number contained in any record maintained by the department.

B. An eligible person may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties, an organization of peace officers and the department:

1. The person's full legal name and residential address.

2. The position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall attach a copy of the order of protection or injunction against harassment.

3. The reasons the person reasonably believes that the person's life or safety or that of another person is in danger and that redacting the residential address and telephone number from the department's public records will serve to reduce the danger.

C. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent a multiplicity of filings, an eligible person who is a peace officer, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.

D. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall cause to be filed with the clerk of the superior court a petition on behalf of all requesting affiants. Each affidavit presented shall be attached to the petition. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.

E. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted. The presiding judge of the superior court shall order the redaction of the residence address and telephone number from the public records maintained by the department if the judge concludes that this action will reduce a danger to the life or safety of the affiant or another person.

F. On entry of the court order, the clerk of the superior court shall file the court order with the department. No more than one hundred fifty days after the date the department receives the court order, the department shall redact the residence addresses and telephone numbers of the affiants listed in the court order from the public records of the department. The residence addresses and telephone numbers shall not be disclosed and are not part of a public record.

G. If the court denies an affiant's request pursuant to this section, the affiant may request a court hearing. The hearing shall be conducted by the court in the county where the petition was filed.

H. On motion to the court, if the presiding judge of the superior court concludes that a residential address or telephone number has been sealed in error or that the cause for the original affidavit no longer exists, the presiding judge may vacate the court order prohibiting public access to the residential address or telephone number.

I. Notwithstanding sections 28-447 and 28-455, the department shall not release a photograph of a peace officer if the peace officer has made a request as prescribed in this section that persons be prohibited from accessing the peace officer's residential address and telephone number in any record maintained by the department.

J. This section does not prohibit the use of a peace officer's photograph that is either:

1. Used by a law enforcement agency to assist a person who has a complaint against an officer to identify the officer.

2. Obtained from a source other than the department.

K. For the purposes of this section:

1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.

2. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.

3. "Eligible person" means a peace officer, justice, judge, commissioner, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, firefighter who is assigned to the Arizona counterterrorism center in the department of public safety or victim of domestic violence or stalking who is protected under an order of protection or injunction against harassment.

4. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.

5. "Prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.

6. "Stalking" means the course of conduct prescribed in section 13-2923.

7. "Victim of domestic violence" means a person who is a victim of an offense defined in section 13-3601.

28-455. Release of personal information; fees

A. In accordance with section 28-458 and the driver's privacy protection act of 1994 (18 United States Code sections 2721 through 2725) and notwithstanding section 28-447, the department shall not knowingly disclose or otherwise make available to any person:

1. Personal information obtained by the department in connection with a motor vehicle record except as otherwise provided in this section.

2. Highly restricted personal information obtained by the department in connection with a motor vehicle record without the express consent of the person to whom the information applies except for uses allowed in subsection C, paragraphs 1, 4, 6 and 9 of this section. This paragraph does not affect the use of organ donation information on an individual's driver license or affect the administration of organ donation in this state.

B. The department shall disclose personal information for use in connection with the following matters:

1. Motor vehicle or driver safety and theft.

2. Motor vehicle emissions.

3. Motor vehicle product alterations, recalls or advisories.

4. Performance monitoring of motor vehicles and dealers by motor vehicle manufacturers.

5. Removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of titles I and IV of the anti car theft act of 1992 (18 United States Code sections 2311 through 2322), the automobile information disclosure act (15 United States Code sections 1231, 1232 and 1233), the clean air act of 1963 (42 United States Code sections 7401 through 7671) and 49 United States Code chapters 301, 305 and 321 through 331.

C. Subject to subsection A of this section, the department may disclose personal information as follows:

1. For use by any government agency, including any court or law enforcement agency, in carrying out its functions or any private person or entity acting on behalf of a government agency in carrying out its functions.

2. For use in connection with matters of:

(a) Performance monitoring of motor vehicles, motor vehicle parts and dealers.

(b) Motor vehicle market research activities, including survey research.

(c) Removal of nonowner records from the original owner records of motor vehicle manufacturers.

3. For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only:

(a) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors.

(b) If the information submitted is not correct or is no longer correct, to obtain the correct information for the purpose of preventing fraud by, pursuing legal remedies against or recovering on a debt or security interest against the individual.

4. For use by an attorney licensed to practice law or by a licensed private investigator in connection with any civil, criminal, administrative or arbitration proceeding in any court or government agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation and the execution or enforcement of judgments and orders, or pursuant to a court order.

5. For use in research activities and for use in producing statistical reports if the personal information is not published, redisclosed or used to contact individuals.

6. For use by any insurer that writes automobile liability or motor vehicle liability policies and that is under the jurisdiction of the department of insurance or insurance support organization or by a self-insured entity or its agents, employees or contractors in connection with claims investigation activities, antifraud activities, rating or underwriting.

7. For use in providing notice to the owners of towed or impounded vehicles.

8. For use by any licensed private investigative agency or licensed security service for any purpose allowed under this section.

9. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver license that is required under the commercial motor vehicle safety act of 1986 (49 United States Code sections 31301 through 31317).

10. For use in connection with the operation of private toll transportation facilities.

11. For any other use in response to requests for individual motor vehicle records if the state has obtained the express consent of the person to whom the personal information pertains.

12. For bulk distribution for surveys, marketing or solicitations if the department has obtained the express consent of the person to whom the personal information pertains.

13. For use by any requester if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.

14. For any other use that is specifically authorized by law and that is related to the operation of a motor vehicle or public safety, including the following:

(a) Use by a financial institution or enterprise under the jurisdiction of the department of financial institutions or a federal monetary authority.

(b) Use by a motor vehicle dealer who is licensed and bonded by the department or a state organization of licensed and bonded motor vehicle dealers.

(c) Use by a person who is involved in an accident or the owner of a vehicle involved in an accident if the person who requests the information submits proof to the department of involvement in the accident.

(d) Use by a person applying for a bonded title if all of the following conditions exist:

(i) The requester verifies to the satisfaction of the director that the vehicle on which the requester is requesting the record is in the requester's possession.

(ii) The record is requested in order for the requester to notify the registered owner of the requester's intent to apply to the department for a bonded title.

(iii) The requester provides a verification of a vehicle inspection that was performed by an authorized department employee or agent.

(e) Use by an operator of a self-service storage facility who alleges both of the following:

(i) That the vehicle on which the operator is requesting the record is in the operator's possession.

(ii) That the record is requested to allow the operator to notify the registered owner and any lienholders of record of the operator's intent to foreclose its lien and to sell the vehicle.

(f) For any other use as determined by the director and established by rule.

D. The department may establish and carry out procedures under which the department, on receiving a request for personal information that does not fall within one of the exceptions prescribed in subsection B or C of this section, may mail a copy of the request to the individual about whom the information was requested. The mailing shall inform the individual of the request and contain a statement that the information will not be released unless the individual waives the individual's right to privacy under this section.

E. In addition to the permissible uses prescribed in subsection C of this section, the department may disclose its motor vehicle records information, including personal information, as a bulk record only under any of the following conditions:

1. If the director determines either of the following:

(a) The sale or release of the record is necessary for the public health or safety.

(b) The use is for general research or general statistical purposes that do not provide specific factors from a record.

2. For surveys, marketing or solicitations if the department has obtained the express consent of the person to whom the personal information pertains.

3. For the release of motor vehicle title and motor vehicle registration information, vehicle identification numbers, title brands, odometer readings and brands and title lien information to a requester if the requester is in the business of preparing vehicle history reports and the information is used to develop a vehicle history report.

F. The director shall provide in a clear and conspicuous manner on forms for the issuance or renewal of driver licenses, nonoperating identification licenses and title and registration, the opportunity for express consent so that each person who is the subject of a record of the department may opt in, for any purpose as prescribed by the director. Express consent shall be conveyed in a form prescribed by the director and shall include at least the following:

1. Clear and conspicuous notice informing the person who is giving express consent that by giving express consent, the person is allowing the department to disclose information contained in the person's motor vehicle record to any person requesting information for any purpose.

2. A written signature or an electronic signature.

3. An explanation of the difference between a one-time authorization and general consent or opt in.

G. Subject to the requirements of subsection F of this section, express consent may be conveyed as either of the following:

1. A one-time authorization submitted by a requester on a consent to release form or by other written format as prescribed by the director.

2. General consent or opt in on certain department forms.

H. Driver histories shall not be disclosed under subsection E of this section.

I. Except as provided in subsection J of this section and section 28-446, subsection B, records provided pursuant to subsections B and C of this section are subject to the fees prescribed in section 28-446, subsections A and C.

J. For records searched and provided for the purposes described in subsection E of this section, the director:

1. Shall charge a search fee that is a minimum of six hundred dollars per million records searched.

2. Shall charge a records fee that is a minimum of thirty dollars per thousand records provided.

3. May prorate the charge for fractional quantities that are searched or provided.

4. May charge only the search fee if the request is in accordance with subsection E, paragraph 2 of this section.

K. Records requests that require a database search for specific criteria within a record are subject to a search fee. In addition to this search fee, each motor vehicle record provided to a records requester as a result of a criteria search incurs record fees in accordance with subsection I of this section.

28-456. Subsequent sale or disclosure of record information by authorized recipient

A. Except as provided in subsections B and C of this section, an authorized recipient of personal information may resell or redisclose the information only for a use permitted under section 28-455, subsection B or C.

B. An authorized recipient under section 28-455, subsection C, paragraph 11 may resell or redisclose personal information for any lawful purpose.

C. An authorized recipient under section 28-455, subsection C, paragraph 12 may resell or redisclose personal information pursuant to section 28-455, subsection C, paragraph 12.

D. Any authorized recipient, except a recipient under section 28-455, subsection C, paragraph 11, that resells or rediscloses personal information covered by this section shall keep for a period of five years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and shall make the records available to the department on request.

28-457. Unlawful acts; classification; civil actions

A. The department, including department employees, shall not knowingly obtain or disclose personal information or highly restricted personal information except as authorized by law.

B. A person shall not knowingly obtain or disclose personal information or highly restrictive personal information from a motor vehicle record for any use not permitted under section 28-455, subsection B or C.

C. A person shall not make a false representation to obtain any personal information or highly restrictive personal information from an individual's motor vehicle record.

D. A person who violates this section is guilty of a class 1 misdemeanor.

E. In addition to any criminal penalties or sanctions for violations of this section, civil actions may also be brought in a United States district court pursuant to 18 United States Code section 2724.

28-458. Motor vehicle records release; department review panel

The director shall select a department review panel to do all of the following:

1. Meet as necessary to review applications for the release of motor vehicle records information.

2. Verify the accuracy of an applicant's information that is required by the director.

3. Based on the review and verification of the application and information required by the director, determine the applicant's eligibility to receive motor vehicle records information for purposes authorized by law.

28-481. Definitions

In this article, unless the context otherwise requires:

1. "Assignment" means an action taken by the department designating prime suppliers of motor gasoline to supply unblended gasoline to an eligible blender to alleviate a shortage.

2. "Blender" means a person who blends gasoline with alcohol for resale and who is required to file fuel manufacturers' quarterly reports for motor vehicle gasoline with the United States environmental protection agency pursuant to 42 United States Code sections 7545 and 7601 and 40 Code of Federal Regulations part 79.

3. "Oxygenate" means any oxygen-containing ashless, organic compound, including aliphatic alcohols and aliphatic ethers, that may be used as a fuel or as a gasoline blending component.

4. "Oxygenated fuel" means a motor fuel blend, whether leaded or unleaded, that consists primarily of gasoline and a substantial amount of one or more oxygenates and that has been blended consistent with the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code section 7545(f).

5. "Prime supplier" means the distributor that makes the first sale of motor gasoline and that is responsible for reporting the distribution of motor vehicle fuel pursuant to section 28-5618 for ultimate consumption in a vehicle emissions control area.

6. "State set-aside" or "set-aside" means, with respect to a given prime supplier, the amount of unblended gasoline that is made available from the total supply of that prime supplier for utilization by the department to resolve unblended fuel shortages.

7. "Unblended gasoline" means gasoline, whether leaded or unleaded, that is of a composition that is legally and chemically suitable for blending with oxygenates in order to produce oxygenated fuel containing the per cent weight of oxygen prescribed by law.

8. "Vehicle emissions control area" has the same meaning prescribed in section 49-541, except that the area does not include a manufacturer's proving ground that is located in the area. For the purposes of this paragraph, "manufacturer's proving ground" means a facility whose sole purpose is to develop complete advanced vehicles for an automotive manufacturer.

28-482. Department survey

From October 1 through March 31 of each year, the department shall conduct a monthly survey of motor vehicle fuel refiners, suppliers, terminal operators and wholesalers to determine the availability and sales of unblended gasoline in a carbon monoxide vehicle emissions control area in which oxygenated fuel is required to be sold. The department shall make available a copy of the report of the survey to assist blenders.

28-483. Determination of shortage; declaration

A. Within one month before the period of time when oxygenated fuel is required to be sold in a carbon monoxide vehicle emissions control area or at any time during the period, a blender may:

1. Allege and shall establish that the blender is unable to purchase unblended gasoline for the following month.

2. Request the director to determine that a shortage of unblended gasoline exists in the carbon monoxide vehicle emissions control area.

B. If the director determines that a shortage of unblended gasoline exists in a carbon monoxide vehicle emissions control area, the director shall inform the governor. By executive order, the governor may declare that a shortage exists and notify the department to implement the state set-aside program for unblended gasoline.

C. The declaration of a shortage is effective for the period of time that oxygenated fuel is required to be sold in this state.

28-484. State set-aside volume

A. On declaration of a shortage, the department shall notify each prime supplier of its monthly set-aside percentage. The percentage shall not exceed five per cent. The department shall make known the set-aside percentages to a prime supplier no later than fifteen days before the beginning of each allocation month.

B. The total set-aside volume available to the department for any particular month is the amount calculated by multiplying the state set-aside percentage level by each prime supplier's sales of motor vehicle fuel for ultimate consumption in each carbon monoxide vehicle emissions control area for the same month of the previous calendar year. The set-aside for a particular month may not be accumulated or deferred by this state but shall be made available from current monthly stocks of prime suppliers.

28-485. Assignment of set-aside

A. If a shortage has been declared the department may order, at any time during the month, the assignment of all or part of a prime supplier's set-aside volume through a terminal facility.

B. The department shall assign set-aside to meet shortages of unblended gasoline available to blenders. The department shall issue an order pursuant to this section in writing. The order is effective fifteen days after presentation to the prime supplier. The order represents a call on the prime supplier's set-aside volume for the month of issuance, even if delivery cannot be made until the following month.

C. The department may assign set-aside for use in the month of issuance if an applicant can demonstrate that a shortage is faced that requires immediate attention and if the department gives fifteen days' notice to the prime supplier. The department shall:

1. By the twentieth day of the month, make an initial determination as to how much of the set-aside not allocated by the twenty-fifth day of the month will revert to the prime supplier.

2. On the twenty-fifth day of the month, notify the prime supplier of the amount of set-aside that reverts to the prime supplier.

D. If possible, the department shall assign all unblended gasoline made available to an applicant to the applicant's normal prime supplier.

28-486. Liaison designation

Each prime supplier shall designate a liaison to act for and on behalf of the prime supplier with respect to the set-aside program.

28-487. Limitation of supply requirement

This article does not require a prime supplier to supply unblended gasoline with volatility or distillation characteristics that are not representative of normal commercial practices.

28-488. Price

A prime supplier shall not charge a premium on set-aside volumes except to recover documented extra costs to deliver the set-aside fuel.

28-489. Application

A. An applicant for a set-aside assignment shall be a blender seeking an assignment from the state set-aside program to meet an unblended gasoline shortage.

B. The department may:

1. Initiate an investigation of any statement in an application, whether written or oral.

2. Utilize in its evaluation any relevant facts obtained by the investigation.

3. Solicit and accept submissions relevant to an application if the applicant is afforded an opportunity to respond to all of the submissions.

4. In evaluating an application, consider any other sources of information.

C. The department may dismiss the application if both:

1. The department determines that there is insufficient information on which to base a decision.

2. On request, the necessary additional information is not submitted.

D. On consideration of the application and other relevant information received or obtained during the application process, the department shall either deny or grant the application.

E. If the department fails to take action on an application within fifteen days after filing, the applicant may treat the application as denied and may appeal.

28-490. Appeal

A. If an application for a set-aside allocation is denied or reduced, the applicant may request a review of its application by the director.

B. The applicant may present additional information to support the request for set-aside.

C. The decision of the director is the final administrative remedy available to an applicant for state set-aside.

28-501. Definition of division

In this article, unless the context otherwise requires, "division" means the transportation planning division established by section 28-332, subsection C.

28-502. Transportation planning; uniform practices; requirements

A. Transportation planning in this state shall be undertaken in accordance with this article and any applicable federal laws.

B. The division shall develop for submission to the board, pursuant to section 28-304, uniform transportation planning practices to be used by the department. These practices shall be used in the conduct of all studies or analyses relating to any transportation system improvement to be included in the plan developed pursuant to section 28-506.

28-503. Performance based planning and programming

A. The division shall develop for submission to the board performance based planning and programming processes for use by the department.

B. The division shall consult with local, regional and tribal transportation agencies before developing the processes. The division shall encourage and assist tribal transportation agencies that want to adopt these performance based planning and programming processes.

C. The performance based planning and programming processes shall provide a means of evaluating the current performance of the plan developed pursuant to section 28-506 and the five year transportation facilities construction program developed pursuant to section 28-6951 and for evaluating and prioritizing proposed changes to the plan and program.

D. In compliance with policies established pursuant to section 28-304, the department and the board shall use the performance based planning and programming processes in determining future allocations of state and federal financial resources among the department's major program categories.

E. The performance based planning and programming processes shall be used to monitor and evaluate the performance outcomes of transportation planning and programming decisions made by the department and the board.

F. The performance based processes shall:

1. Be periodically reviewed and updated as conditions and system requirements change.

2. Include, at a minimum, all of the following:

(a) Uniform transportation system performance measures established pursuant to section 28-504 and the routine collection and reporting of adopted performance measures.

(b) Uniform transportation system performance factors for evaluating existing and potential projects and services established pursuant to section 28-505.

(c) Weights to be applied to the performance factors identified pursuant to subdivision (b) in evaluating and prioritizing proposed changes to the system. These performance factor weights shall consider and recognize local and regional differences in transportation system performance expectations and shall be used in all state transportation planning.

(d) Systematic forecasts of the anticipated performance outcomes of proposed expenditures.

(e) Systematic periodic reporting and certification of system performance.

3. Integrate planning, programming and reporting processes to ensure a sustainable and reliable highway system.

28-504. Transportation system performance measures; data collection and reporting; methodologies

A. The division shall develop for presentation to the board standardized transportation system performance measures. In addition, the division shall identify the appropriate units of measurement and the processes for determining and reporting the performance measures. The goal of the performance measures is to determine the extent to which the transportation system is moving people, goods and services in relation to the cost of system preservation, maintenance and expansion.

B. The standardized transportation system performance measures shall include at least all of the following:

1. The estimated number of individuals transported.

2. The estimated amount, by weight or volume, of freight transported.

3. The number of miles traveled.

4. The number of vehicles and the estimated capacity of those vehicles.

5. The estimated cost per individual moved per mile.

C. These performance measures shall serve as the basis for monitoring and reporting on the performance outcomes of the state's highway system.

D. The division shall develop transportation data collection and reporting methodologies for system performance measures and the major components of the long-range plan. The division shall consult with local, regional and tribal transportation agencies before developing the methodologies.

E. The department shall collect standardized transportation data for all existing components and any proposed projects under consideration for inclusion in the plan developed pursuant to section 28-506 and the five year transportation facilities construction program developed pursuant to section 28-6951.

28-505. Transportation system performance factors; weights

A. The division shall develop for presentation to the board standard transportation system performance factors that at least include all of the following variables:

1. System preservation.

2. Congestion relief.

3. Accessibility.

4. Integration and connectivity with other modes.

5. Economic benefits.

6. Safety.

7. Air quality and other environmental impacts.

8. Cost-effectiveness of a project or service.

9. Operational efficiency.

10. Project readiness.

B. The division shall develop for presentation to the board transportation system performance factor weights.

C. The performance factors and weights established pursuant to this section shall be used by the department and the board to:

1. Select projects and services in the five year transportation facilities construction program pursuant to chapter 20, article 3 of this title and the long-range statewide transportation plan pursuant to section 28-307.

2. Allocate state and federal financial resources among the department's major program categories.

28-506. Long-range statewide transportation plan; division duties

A. The division shall prepare for presentation to the board a long-range statewide transportation plan. The division shall develop the plan under the board's direction in accordance with the following:

1. The plan shall include all anticipated critical statewide highway system needs for the next twenty years.

2. The plan shall be developed using the planning practices and the performance based planning processes adopted by the board pursuant to section 28-304.

3. To the extent practicable, the plan shall reflect local general land use plans and county comprehensive land use plans.

4. In developing the plan, the division shall consider any information developed as a result of federally mandated planning processes.

5. The plan shall be developed in addition to any federally mandated planning requirements.

6. The division shall develop the plan every five years for review and approval by the board as required by section 28-307.

7. All dollar amounts in the plan shall be expressed in constant dollars denominated in the year of adoption by the board.

8. The division shall annually identify any projects or services that should be considered for inclusion in the next plan.

B. The plan shall include:

1. All projects included in the plan adopted pursuant to section 28-307 and all projects included in the five year transportation facilities construction program developed pursuant to section 28-6951. These projects shall be specifically identified pursuant to subsections C and D of this section.

2. In addition to the projects identified in paragraph 1 of this subsection, lump sum cost estimates for all other components of the statewide highway system pursuant to subsection E of this section.

C. For each statewide transportation project included in the plan, the division shall determine and include in the plan the following:

1. A detailed description of the project, including the location of the project.

2. Estimates of any revenues directly attributable to the project, including passenger charges, tolls and user charges.

3. The anticipated performance outcomes associated with the project.

D. For each transportation capital project included in the plan, the division shall determine separately the cost estimates for each of the following:

1. Right-of-way acquisition and preparation.

2. Project design, planning and engineering.

3. Project construction.

4. Any other related project costs.

E. The division shall develop and include in the plan separate cost estimates for the following:

1. Optimal long-term system preservation of each major transportation system component.

2. Appropriate comprehensive system management.

3. Appropriate system maintenance and operations.

F. To the extent the division is not able to determine any information required in subsection C or D of this section, the division shall develop a reasonable estimate in lieu of the actual information.

G. The division shall develop an estimate of projected revenues for the twenty year period of the plan based on:

1. Existing and enacted future revenue rates and schedules.

2. Reasonable expected future changes in revenue rates and schedules.

H. If the revenues estimated pursuant to subsection G, paragraph 1 or 2 of this section are less than the estimated cost of the plan, the division shall identify the specific portions of the plan that could be completed with the revenues estimated pursuant to subsection G, paragraphs 1 and 2 of this section.

I. For the plan, and the portions of the plan determined pursuant to subsection H of this section, the division shall identify the years in which projects in the plan would likely be initiated and completed.

J. The division shall estimate the anticipated performance outcomes of:

1. The plan as developed by the division.

2. The portion of the plan that could be completed with the revenue estimate determined pursuant to subsection G, paragraph 1 of this section.

3. The portion of the plan that could be completed with the revenue estimate determined pursuant to subsection G, paragraph 2 of this section.

K. The division shall maintain information developed concerning the projects and costs identified in the course of developing the plan in a geographically oriented database established and maintained in accordance with section 28-507.

28-507. Transportation system database

A. In cooperation with local, regional and tribal agencies, the division shall develop and maintain a geographically oriented database of the existing and planned components of the statewide transportation system. The database shall be complete and operational on or before June 30, 2004.

B. The database shall include information concerning all projects considered for inclusion in the statewide transportation plan developed pursuant to section 28-506.

C. All cities, towns, counties and other transportation agencies that receive state or federal transportation monies shall maintain standardized records of their long-range transportation needs and shall report these needs to the division on or before September 1 of each year. As appropriate, local transportation planning agencies may rely on the planning activities and reports of the department and regional planning agencies if these activities and reports have been undertaken pursuant to requirements of this article.

D. In cooperation with local, regional and tribal agencies, the division shall prepare for presentation to the board minimum standards or guidelines delineating the standardized data and information that must be submitted pursuant to this section. The minimum standards shall recognize the differences in local or regional circumstances.

28-601. Definitions

In this chapter, unless the context otherwise requires:

1. "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.

2. "Controlled access highway" means a highway, street or roadway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in the manner determined by the public authority that has jurisdiction over the highway, street or roadway.

3. "Crosswalk" means:

(a) That part of a roadway at an intersection included within the prolongations or connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in absence of curbs, from the edges of the traversable roadway.

(b) Any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface.

4. "Escort vehicle" means a vehicle that is required pursuant to rules adopted by the department to escort motor vehicles or combinations of vehicles that require issuance of a permit pursuant to article 18 or 19 of this chapter for operation on the highways of this state.

5. "Explosives" means any chemical compound, mixture or device that is commonly used or intended for the purpose of producing an explosion and that is defined in 49 Code of Federal Regulations part 173.

6. "Flammable liquid" means any liquid that has a flash point of less than one hundred degrees Fahrenheit and that is defined in 49 Code of Federal Regulations section 173.120.

7. "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle.

8. "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. If a highway includes two roadways thirty or more feet apart, each crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways thirty or more feet apart, each crossing of two roadways of the highways is a separate intersection.

9. "License" means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state that pertain to the licensing of persons to operate motor vehicles.

10. "Motorized wheelchair" means any self-propelled wheelchair that is used by a person for mobility.

11. "Official traffic control device" means any sign, signal, marking or device that is not inconsistent with this chapter and that is placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

12. "Park", if prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

13. "Photo enforcement system" means a device substantially consisting of a radar unit or sensor linked to a camera or other recording device that produces one or more photographs, microphotographs, videotapes or digital or other recorded images of a vehicle's license plate for the purpose of identifying violators of articles 3 and 6 of this chapter.

14. "Pneumatic tire" means a tire in which compressed air is designed to support the load.

15. "Pole trailer" means a vehicle that is all of the following:

(a) Without motive power.

(b) Designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle.

(c) Used ordinarily for transporting long or irregularly shaped loads such as poles, pipes or structural members capable generally of sustaining themselves as beams between the supporting connections.

16. "Police officer" means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or other offenses.

17. "Private road or driveway" means a way or place that is in private ownership and that is used for vehicular travel by the owner and those persons who have express or implied permission from the owner but not by other persons.

18. "Railroad" means a carrier of persons or property on cars operated on stationary rails.

19. "Railroad sign or signal" means a sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

20. "Railroad train" means a steam engine or any electric or other motor that is with or without cars coupled to the steam engine or electric or other motor and that is operated on rails.

21. "Roadway" means that portion of a highway that is improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, roadway refers to any such roadway separately but not to all such roadways collectively.

22. "Safety zone" means the area or space that is both:

(a) Officially set apart within a roadway for the exclusive use of pedestrians.

(b) Protected or either marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

23. "Sidewalk" means that portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines and that is intended for the use of pedestrians.

24. "Solid tire" means a tire that both:

(a) Is made of rubber or other resilient material.

(b) Does not depend on compressed air for the support of the load.

25. "Stop", if required, means complete cessation from movement.

26. "Stop, stopping or standing", if prohibited, means any stopping or standing of an occupied or unoccupied vehicle, except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or traffic control sign or signal.

27. "Through highway" means a highway or portion of a highway at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and when stop signs are erected as provided in this chapter.

28. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel.

29. "Traffic control signal" means a device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

30. "Truck" means a motor vehicle that is designed, used or maintained primarily for the transportation of property.

28-602. Powers of governor; federal highway safety act

A. In addition to other duties and responsibilities conferred on the governor by the constitution and laws of this state, the governor may contract and do all other things necessary to secure the full benefits available to this state under the federal highway safety act of 1966 (23 United States Code sections 401 through 404) and any other subsequent federal highway safety acts, including cooperating with federal and state agencies, private and public organizations, and persons to effectuate the purposes of the federal acts and any amendments to the federal acts.

B. The governor is responsible for and may administer the highway safety programs of this state and those of its political subdivisions through the appropriate agency of this state that the governor designates. The responsibility, administration and designation shall be in accordance with the federal highway safety act of 1966 or any other subsequent federal highway safety act and federal regulations adopted to implement the federal acts and as further provided by law.

28-621. Applicability to vehicles on highways; exceptions

The provisions of this chapter and chapter 5 of this title relating to the operation of vehicles refer exclusively to the operation of vehicles on highways except:

1. If a different place is specifically provided by statute.

2. Article 4 of this chapter and section 28-693 apply on highways and elsewhere throughout this state.

28-622. Failure to comply with police officer; classification

A. A person shall not wilfully fail or refuse to comply with any lawful order or direction of a police officer invested by law with authority to direct, control or regulate traffic.

B. A person who violates this section is guilty of a class 2 misdemeanor.

28-622.01. Unlawful flight from pursuing law enforcement vehicle; classification; vehicle marking required

A driver of a motor vehicle who wilfully flees or attempts to elude a pursuing official law enforcement vehicle that is being operated in the manner described in section 28-624, subsection C is guilty of a class 5 felony. The law enforcement vehicle shall be appropriately marked to show that it is an official law enforcement vehicle.

28-623. Obedience by public officers and employees; exceptions

A. Except as provided in this section and subject to specific exceptions prescribed in this chapter and chapters 4 and 5 of this title with reference to authorized emergency vehicles, the provisions of this chapter and chapters 4 and 5 of this title applicable to the drivers of vehicles on the highways apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district or other political subdivision of this state.

B. Unless specifically made applicable by law, this chapter and chapters 4 and 5 of this title:

1. Do not apply to persons, teams, motor vehicles and other equipment while actually engaged in work on the surface of a highway.

2. Do not apply to railroad employees working on a railroad track or tracks crossing the highway.

3. Apply to persons and vehicles described in this section if they are traveling to or from work on the surface of a highway or on a railroad track or tracks crossing the highway.

28-624. Authorized emergency vehicles

A. If an authorized emergency vehicle is driven in response to an emergency call, in pursuit of an actual or suspected violator of law or in response to but not on return from a fire alarm, the driver may exercise the privileges provided in this section subject to the conditions stated in this section.

B. If the driver of an authorized emergency vehicle is operating at least one lighted lamp displaying a red or red and blue light or lens visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle, the driver may:

1. Notwithstanding this chapter, park or stand.

2. Proceed past a red or stop signal or stop sign, but only after slowing down as necessary for safe operation.

3. Exceed the prima facie speed limits if the driver does not endanger life or property.

4. Disregard laws or rules governing the direction of movement or turning in specified directions.

C. The exemptions authorized by this section for an authorized emergency vehicle apply only if the driver of the vehicle while in motion sounds an audible signal by bell, siren or exhaust whistle as reasonably necessary and if the vehicle is equipped with at least one lighted lamp displaying a red or red and blue light or lens visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red or red and blue light or lens visible from in front of the vehicle.

D. This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons and does not protect the driver from the consequences of the driver's reckless disregard for the safety of others.

28-625. Persons riding animals or driving animal drawn vehicles

A person riding an animal or driving an animal drawn vehicle on a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except the provisions of this chapter and chapters 4 and 5 of this title that by their very nature can have no application.

28-626. Uniform application of laws throughout state; local ordinances or regulations

A. The provisions of this chapter and chapters 4 and 5 of this title are applicable and uniform throughout this state and in all political subdivisions in this state.

B. A local authority:

1. Shall not enact or enforce an ordinance or regulation in conflict with this chapter or chapter 4 or 5 of this title unless expressly authorized by this chapter or chapter 4 or 5 of this title.

2. May adopt additional traffic regulations that are not in conflict with this chapter or chapter 4 or 5 of this title.

3. Shall adopt ordinances or regulations relating to the control and movement of traffic, including parking or standing ordinances or regulations that provide for the imposition of civil penalties on the violation of the ordinance or regulation.

C. Unless a local ordinance or regulation provides for the imposition of a criminal penalty, a violation of the ordinance or regulation constitutes a civil traffic violation.

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.

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.

28-628. Rights of real property owners

This chapter does not prevent the owner of real property that is used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from:

1. Prohibiting that use.

2. Requiring other, different or additional conditions than those specified in this chapter.

3. Otherwise regulating the use as deemed best by the owner.

28-641. Traffic control device manual and specifications

The director shall adopt a manual and specifications for a uniform system of traffic control devices for use on highways in this state. Except as provided in section 28-2416, the uniform system shall correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways prepared by the national joint committee on uniform traffic control devices.

28-642. Traffic control signs on state highways; rules

A. The director shall place and maintain traffic control devices that conform to the manual and specifications prescribed in section 28-641 and to the requirements prescribed in section 28-2416 on all state highways as the director deems necessary to indicate and to carry out this chapter or to regulate, warn or guide traffic.

B. A local authority shall not place or maintain a traffic control device on a highway under the jurisdiction of the director except by the director's permission.

C. In cooperation with local authorities, the director shall synchronize traffic control signals on a state highway that has a traffic flow exceeding fifteen thousand motor vehicles per day in a vehicle emissions control area as defined in section 49-541.

D. The director shall adopt rules pursuant to title 41, chapter 6 to establish criteria for the installation and maintenance of directional signs for universities prescribed in section 15-1601, for community colleges as defined in section 15-1401 and for the campus of a regionally accredited college or university.

28-643. Local traffic control devices

Local authorities in their respective jurisdictions shall place and maintain the traffic control devices on highways under their jurisdiction as they deem necessary to indicate and to carry out this chapter or local traffic ordinances or to regulate, warn or guide traffic. All traffic control devices erected shall conform to the manual and specifications prescribed in section 28-641.

28-644. Obedience to and required traffic control devices

A. Unless otherwise directed by a traffic or police officer and subject to the exemptions granted the driver of an authorized emergency vehicle in this chapter, the driver of a vehicle shall:

1. Obey the instructions of an official traffic control device applicable to the driver that is placed in accordance with this chapter.

2. Not drive over or across or park in any part of a gore area. This paragraph does not apply to the driver of a vehicle that is disabled while on the paved or main traveled portion of a highway in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in that position. For the purposes of this paragraph, "gore area" means the area that is between a through roadway and an entrance ramp or exit ramp and that is defined by two wide solid white lines that guide traffic entering or exiting a roadway. Gore area does not include a safety zone.

B. Any provision of this chapter that requires signs shall not be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. If a particular section of law does not state that signs are required, that section is effective even though no signs are erected or in place.

28-645. Traffic control signal legend

A. If traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend. The lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

1. Green indication:

(a) Vehicular traffic facing a green signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

(b) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(c) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, pedestrians facing any green signal, except if the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

2. Steady yellow indication:

(a) Vehicular traffic facing a steady yellow signal is warned by the signal that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.

(b) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, pedestrians facing a steady yellow signal are advised by the signal that there is insufficient time to cross the roadway before a red indication is shown and a pedestrian shall not then start to cross the roadway.

3. Red indication:

(a) Except as provided in subdivisions (b) and (c) of this paragraph, vehicular traffic facing a steady red signal alone shall stop before entering the intersection and shall remain standing until an indication to proceed is shown. On receipt of a record of judgment for a violation of this subdivision or an act in another jurisdiction that if committed in this state would be a violation of this section, the department shall order the person to attend and successfully complete traffic survival school training and educational sessions within sixty days after the department issues the order. Notwithstanding section 28-3315, if the person fails to attend or successfully complete traffic survival school training and educational sessions, the department shall suspend the person's driving privilege pursuant to section 28-3306 until the person attends and successfully completes traffic survival school training and educational sessions. A person whose driving privilege is suspended pursuant to this subdivision may request a hearing. If the person requests a hearing, the department shall conduct the hearing as prescribed in section 28-3306. A law enforcement officer or a jurisdiction issuing a citation to a person who violates this subdivision shall provide written notice to the person that if eligible, the person may attend defensive driving school or, if not eligible or if the person chooses not to attend defensive driving school and is convicted or enters a plea of responsible for a violation of this subsection, the person must attend and successfully complete traffic survival school training and educational sessions. The notice shall include a reference to red light violations and state that if the person is required to attend traffic survival school the person will receive notice from the motor vehicle division.

(b) The driver of a vehicle that is stopped in obedience to a red signal and as close as practicable at the entrance to the crosswalk on the near side of the intersection, or if there is no crosswalk, then at the entrance to the intersection, may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal. A right turn may be prohibited against a red signal at any intersection if a sign prohibiting the turn is erected at the intersection.

(c) The driver of a vehicle on a one-way street that intersects another one-way street on which traffic moves to the left shall stop in obedience to a red signal but may then make a left turn into the one-way street. The driver shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that such left turn may be prohibited if a sign prohibiting the turn is erected at the intersection.

(d) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, a pedestrian facing a steady red signal alone shall not enter the roadway.

B. If an official traffic control signal is erected and maintained at a place other than an intersection, this section applies except as to those provisions of this section that by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of a sign or marking the stop shall be made at the signal.

C. The driver of a vehicle approaching an intersection that has an official traffic control signal that is inoperative shall bring the vehicle to a complete stop before entering the intersection and may proceed with caution only when it is safe to do so. If two or more vehicles approach an intersection from different streets or highways at approximately the same time and the official traffic control signal for the intersection is inoperative, the driver of each vehicle shall bring the vehicle to a complete stop before entering the intersection and the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right.

28-646. Pedestrian control signals; loitering prohibited

A. If special pedestrian control signals exhibiting the words "walk" or "don't walk" or a symbol of a walking person that symbolizes the word "walk" or a symbol of an upraised hand that symbolizes the words "don't walk" are in place, the signals shall indicate as follows:

1. Walk or a symbol of a walking person. Pedestrians facing the signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of vehicles.

2. Don't walk or a symbol of an upraised hand. A pedestrian shall not start to cross the roadway in the direction of the signal, but a pedestrian who has partially completed crossing on the walk signal shall proceed to a sidewalk or safety island while the don't walk signal is showing.

B. A pedestrian shall not loiter or unduly delay crossing the roadway after traffic has stopped to give the right-of-way.

28-647. Flashing signals

If an illuminated flashing red or yellow signal is used in a traffic sign or signal it requires obedience by vehicular traffic as follows:

1. Flashing red stop signal. If a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line if marked, or if none, then before entering the intersection, and the right to proceed is subject to the rules applicable after making a stop at a stop sign. On receipt of a record of judgment for a violation of this paragraph, the department shall order the person to attend and successfully complete traffic survival school training and educational sessions within sixty days after the department issues the order. Notwithstanding section 28-3315, if the person fails to attend or successfully complete traffic survival school training and educational sessions, the department shall suspend the person's driving privilege pursuant to section 28-3306 until the person attends and successfully completes traffic survival school training and educational sessions. A person whose driving privilege is suspended pursuant to this paragraph may request a hearing. If the person requests a hearing, the department shall conduct the hearing as prescribed in section 28-3306. A law enforcement officer or a jurisdiction issuing a citation to a person who violates this paragraph shall provide written notice to the person that if eligible, the person may attend defensive driving school or, if not eligible or if the person chooses not to attend defensive driving school and is convicted or enters a plea of responsible for a violation of this paragraph, the person must attend and successfully complete traffic survival school training and educational sessions. The notice shall include a reference to red light violations and state that if the person is required to attend traffic survival school the person will receive notice from the motor vehicle division.

2. Flashing yellow caution signal. If a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.

28-648. Display of unauthorized signs, signals or markings

A. A person shall not place, maintain or display on or in view of a highway an unauthorized sign, signal, marking or device that either:

1. Purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal.

2. Attempts to direct the movement of traffic.

3. Hides from view or interferes with the effectiveness of an official traffic control device or a railroad sign or signal.

B. A person shall not place or maintain and a public authority shall not permit on a highway a traffic sign or signal bearing any commercial advertising.

C. This section does not prohibit the erection on private property adjacent to highways of a sign giving useful directional information if the sign cannot be mistaken for an official sign.

D. A sign, signal or marking prohibited by this section is a public nuisance, and the authority having jurisdiction over the highway may remove it or cause it to be removed without notice.

28-649. Interference with official traffic control device or railroad sign or signal; possession of traffic preemption emitter; classification; definition

A. A person shall not attempt without lawful authority to or in fact alter, deface, injure, knock down or remove an official traffic control device, a railroad sign or signal or an inscription, shield or insignia on any device, sign or signal or any part of the device, sign or signal.

B. A person shall not possess a traffic preemption emitter unless the person is authorized to possess a traffic preemption emitter within the course and scope of the person's duties with a law enforcement agency, fire department, ambulance service or agency of the federal government, this state or a political subdivision of this state.

C. A person who violates this section is guilty of a class 1 misdemeanor.

D. For the purposes of this section, "traffic preemption emitter" means strobe, strobe light or any device that is capable of changing the display of any traffic control device used to control the movement of vehicles, bicycles or pedestrians.

28-650. Warning devices at construction sites

A person, contractor or political subdivision performing work on roads, streets or highways shall post and maintain warning signs, signals, markers and barricades that are in compliance with the manual and specifications prescribed in section 28-641. These warning signs, signals, markers or barricades shall be maintained at the work site to warn those using the street, road or highway until the work is completed or until such time as the governing body authorizes removal.

28-651. Use of private property to avoid traffic control device prohibited

A person shall not drive on or through any private property, road or driveway to avoid obedience to traffic rules or traffic control devices.

28-652. State highway work zones; definition

A. The director shall adopt standards and specifications for the use of traffic control devices in state highway work zones.

B. The standards and specifications adopted pursuant to subsection A shall include the following:

1. The use of traffic control devices that indicate that the driver is approaching a state highway work zone and that are required to be posted at least one thousand feet before entering a state highway work zone.

2. The use of traffic control devices when workers are present in a state highway work zone that indicate that double civil penalties will be imposed for exceeding the speed limit in a state highway work zone when workers are present and that are required to be posted at least every twenty-five hundred feet within a state highway work zone.

3. The use of traffic control devices that indicate the beginning and end of a state highway work zone.

4. A requirement that the traffic control devices be removed when the preliminary engineering work or construction, repair or maintenance work is completed.

C. For the purposes of this section, "state highway work zone" means an area that is within a state highway right-of-way and that is subject to preliminary engineering work or construction, repair or maintenance work.

28-653. Flagger training and certification; exception

A. Any individual who is stationed in a state highway work zone to provide temporary traffic control shall have completed training and be certified by a program that meets the training and certification standards of the national safety council highway flagger training program, the American traffic safety services association flagger program or an equivalent program that meets the same objectives. An equivalent program must meet the United States department of transportation federal highway administration standards for the control of traffic through highway work zones as defined in the manual on uniform traffic control devices for streets and highways.

B. Flaggers shall repeat training and certification requirements at least once every two years.

C. This section does not apply to law enforcement personnel who are employed by governmental entities.

28-654. Photo enforcement zones; signage; standards; citation dismissal

A. Except as provided in subsection F of this section, every local authority or agency of this state using a photo enforcement system shall adopt standards and specifications that indicate to a person operating a motor vehicle that a photo enforcement system is present and operational.

B. The standards and specifications adopted pursuant to subsection A of this section shall include both of the following:

1. At least two signs shall be placed in a location before a photo enforcement system. One sign shall be in a location that is approximately three hundred feet before the photo enforcement system. Placement of additional signs shall be more than three hundred feet before a photo enforcement system to provide reasonable notice to a person that a photo enforcement system is present and operational.

2. Signs indicating a photo enforcement system shall be removed or covered when the photo enforcement system is no longer present or not operating.

C. Signs erected by a local authority or agency of this state as prescribed in this section shall contain a yellow warning notice and correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways adopted by the director pursuant to section 28-641.

D. If the standards and specifications prescribed pursuant to this section are not in effect during the operation of a photo enforcement system, the court may dismiss any citation issued to a person who is identified by the use of the photo enforcement system.

E. During the time a vehicle containing photo enforcement equipment is being used to identify violators of this article and article 6 of this chapter, the rear of the vehicle shall be clearly marked to indicate that the vehicle is functioning as a photo enforcement vehicle. This subsection does not apply to a vehicle that does not contain a photo enforcement system and that is used by a law enforcement officer.

F. Subsection B of this section does not apply to a mobile photo enforcement vehicle during the time a mobile photo enforcement vehicle is deployed on streets with a posted speed limit of forty miles per hour or less.

28-661. Accidents involving death or personal injuries; failure to stop; classification; driver license revocation

A. The driver of a vehicle involved in an accident resulting in injury to or death of a person shall:

1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.

2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663.

B. A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony.

C. A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 5 felony.

D. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident.

E. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection B of this section for five years.

F. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section for three years.

28-662. Accidents involving damage to vehicle; failure to stop; classification; driver license suspension

A. The driver of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall:

1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.

2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663.

3. Make the stop without obstructing traffic more than is necessary.

B. A person failing to stop or comply with this section is guilty of a class 2 misdemeanor.

C. A court may order the department to suspend the license or permit to drive and any nonresident operating privilege of a person convicted under this section for one year.

28-663. Duty to give information and assistance; classification

A. The driver of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall:

1. Give the driver's name and address and the registration number of the vehicle the driver is driving.

2. On request, exhibit the person's driver license to the person struck or the driver or occupants of or person attending a vehicle collided with.

3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.

B. A person who fails to comply with this section is guilty of a class 3 misdemeanor.

28-664. Duty on striking unattended vehicle; classification

A. The driver of a vehicle that collides with a vehicle that is unattended shall immediately:

1. Stop.

2. Either:

(a) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle.

(b) In a conspicuous place in the vehicle struck, leave a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.

B. A person who violates this section is guilty of a class 3 misdemeanor.

28-665. Striking fixtures on a highway; classification

A. The driver of a vehicle involved in an accident resulting only in damage to fixtures or other property legally on or adjacent to a highway shall:

1. Take reasonable steps to locate and notify the owner or person in charge of the property of:

(a) The fact of the accident.

(b) The driver's name and address.

(c) The registration number of the vehicle the driver is driving.

2. On request, exhibit the driver's driver license.

B. A person who violates this section is guilty of a class 3 misdemeanor.

28-666. Notice of accident

The driver of a vehicle involved in an accident resulting in injury to or death of a person shall give notice of the accident immediately by the quickest means of communication, whether oral or written, to either:

1. The local police department if the accident occurs within a municipality.

2. The office of the county sheriff.

3. The nearest office of the highway patrol.

28-667. Written accident report; definition

A. A law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident resulting in bodily injury, death or damage to the property of any person in excess of one thousand dollars or the issuance of a citation shall complete a written report of the accident as follows:

1. Either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses.

2. Within twenty-four hours after completing the investigation.

B. Every law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident that results in damage to the property of any person in an amount of one thousand dollars or less, but that does not result in the issuance of a citation or bodily injury or death, shall complete a portion of the written report of the accident. The portion of the written report shall:

1. Be completed either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses.

2. Be completed within twenty-four hours after completing the investigation.

3. Include the following minimum information:

(a) The time, day, month and year of the accident.

(b) Information adequate to identify the location of the accident.

(c) Identifying information for all involved parties and witnesses, including name, age, sex, address, telephone number, vehicle ownership and registration and proof of insurance.

(d) A narrative description of the facts of the accident, a simple diagram of the scene of the accident and the investigating officer's name, agency and identification number.

C. The agency employing the officer or public employee:

1. Shall not allow a person to examine the accident report or any related investigation report or a reproduction of the accident report or a related investigation report if the request is for a commercial solicitation purpose.

2. May require a person requesting the accident or related investigative report to state under penalty of perjury that the report is not examined or copied for a commercial solicitation purpose.

3. May retain the original report.

4. Shall maintain an electronic copy of the original report if the agency elects not to retain the original report pursuant to paragraph 3 of this subsection.

5. Shall immediately forward a copy of the report to the department for its use.

D. The department may place notes, date stamps, identifying numbers, marks or other information on the copies as needed, if they do not alter the original information reported by the investigating officer or public employee.

E. For the purposes of this section, "commercial solicitation purpose" means a request for an accident report if there is neither:

1. A relationship between the person or the principal of the person requesting the accident report and any party involved in the accident.

2. A reason for the person to request the report other than for the purposes of soliciting a business or commercial relationship.

28-668. Accidents involving death to drivers; testing alcohol concentration

A. A peace officer who investigates an accident that involves the death of one or more drivers shall promptly notify the county medical examiner of the death or deaths. If probable cause exists to believe that a deceased driver committed an alcohol related traffic offense, the county medical examiner shall test the deceased driver to determine the driver's alcohol concentration.

B. If a county medical examiner has not been appointed in the county in which the accident occurs, the peace officer shall notify and secure a physician licensed pursuant to title 32, chapter 13 or a person acting under the authority of a licensed physician to draw a sufficient sample of blood or other bodily substance for determining alcohol concentration. The investigating officer shall forward the sample to the department of public safety crime laboratory for analysis.

C. The investigating officer shall record on the accident report required under section 28-667 the results of the test to determine the alcohol concentration of the driver or drivers.

28-669. Accident report forms

A. The department shall prepare and on request supply to police departments, sheriffs and other suitable agencies forms for accident reports required under this article that are appropriate with respect to the persons required to make the reports and the purposes to be served. The written reports to be made by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, the conditions then existing and the persons and vehicles involved.

B. An accident report required to be made in writing shall be made on the appropriate form approved by the department and shall contain all of the information required in the form unless it is not available.

C. The department shall modify the written accident report form in conjunction with state and local law enforcement agencies, engineering agencies and emergency medical service organizations.

28-670. Accident report analysis

The department:

1. Shall tabulate all accident reports.

2. May analyze all accident reports.

3. Shall publish annually or at more frequent intervals statistical information based on the accident reports as to the number and circumstances of traffic accidents.

28-671. Accident reports required by city or town

Any incorporated city or town, by ordinance, may require the driver of a vehicle involved in an accident to also file with a designated city or town department a report of an accident or a copy of any report required by this article to be filed with the department. The reports are for the confidential use of the city or town department.

28-672. Causing serious physical injury or death by a moving violation; classification; penalties

A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the following and the violation results in an accident causing serious physical injury as defined in section 13-105 or death to another person:

1. Section 28-645, subsection A, paragraph 3, subdivision (a).

2. Section 28-772.

3. Section 28-792.

4. Section 28-794.

5. Section 28-797, subsection E or G.

6. Section 28-855, subsection B.

7. Section 28-857, subsection A.

B. A person who violates this section shall attend and successfully complete traffic survival school training and educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department. In addition, the court may order the person to perform community restitution.

C. The court shall report a conviction for a violation of this section to the department and may direct the department to suspend the person's driving privilege for not more than ninety days if the violation results in serious physical injury as defined in section 13-105 and not more than one hundred eighty days if the violation results in death.

D. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of this section, the suspension period prescribed in subsection C of this section shall run concurrently with the other suspension period.

E. If a person fails to successfully complete traffic survival school training and educational sessions or perform community restitution pursuant to this section, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied.

F. If the person who suffers serious physical injury as a result of a violation of this section appears before the court in which the action is pending at any time before trial and acknowledges receipt of satisfaction for the injury, on payment of the costs incurred, the court shall order that the prosecution be dismissed and the defendant be discharged. The reasons for the order shall be set forth and entered of record, and the order shall be a bar to another prosecution for the same offense.

G. Restitution awarded pursuant to section 13-603 as a result of a violation of this section shall not exceed ten thousand dollars.

H. A person who violates this section is guilty of a class 3 misdemeanor, except that if the violation results in the death of another person the maximum fine for the person shall be one thousand dollars.

28-673. Traffic accidents; implied consent; tests

A. A person who operates a motor vehicle within this state gives consent to a test or tests of the person's blood, breath, urine or other bodily substance for the purposes of determining alcohol concentration or drug content if the person is involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and a law enforcement officer has probable cause to believe that the person caused the accident or the person is issued a citation for a violation of any provision of this article, article 2, 3 or 5 through 15 of this chapter or chapter 4 of this title.

B. The test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer who has reasonable grounds to believe that the person was involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and who has probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this article, article 2, 3 or 5 through 15 of this chapter or chapter 4 of this title.

C. After a determination is made that a person was involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and the officer has probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this article, article 2, 3 or 5 through 15 of this chapter or chapter 4 of this title, the person may be requested to submit to and successfully complete any test or tests prescribed by subsection A of this section, and if the person refuses, the person shall be informed that the person's license or permit to drive will be suspended or denied for twelve months, or for two years for a second or subsequent refusal in a period of eighty-four months, unless the person expressly agrees to submit to and successfully completes the test or tests. A failure to expressly agree to the test or successfully complete the test is deemed a refusal. The person shall also be informed that if the test results show a blood or breath alcohol concentration of 0.08 or more, or if the results show a blood or breath alcohol concentration of 0.04 or more and the person was driving or in actual physical control of a commercial motor vehicle, the person's license or permit to drive will be suspended or denied for not less than ninety consecutive days.

D. If a person refuses to submit to the test designated by the law enforcement agency as provided in subsection B of this section:

1. The test shall not be given, except as provided in section 28-1388, subsection E or pursuant to a search warrant.

2. The law enforcement officer directing the administration of the test shall:

(a) File a certified report of the refusal with the department.

(b) On behalf of the department, serve an order of suspension on the person that is effective fifteen days after the date the order is served.

(c) Require the immediate surrender of any license or permit to drive that is issued by this state and that is in the possession or control of the person.

(d) If the license or permit is not surrendered, state the reason why it is not surrendered.

(e) If a valid license or permit is surrendered, issue a temporary driving permit that is valid for fifteen days.

(f) Forward the certified report of refusal, a copy of the completed notice of suspension, a copy of any completed temporary permit and any driver license or permit taken into possession under this section to the department within five days after the issuance of the notice of suspension.

E. Section 28-1321, subsections E through P apply to any test prescribed by this section and to any person who refuses to submit to a test prescribed by this section, except that:

1. The certified report shall state the law enforcement officer's reasonable grounds to believe that the person was involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and the law enforcement officer's probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this article, article 2, 3 or 5 through 15 of this chapter or chapter 4 of this title.

2. The certified report shall be filed pursuant to subsection D of this section.

3. The scope of the hearing shall include the law enforcement officer's probable cause to believe that the person was involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and the law enforcement officer's probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this article, article 2, 3 or 5 through 15 of this chapter or chapter 4 of this title.

F. A person who is dead, unconscious or otherwise in a condition rendering the person incapable of refusal is deemed not to have withdrawn the consent provided by subsection A of this section and the test or tests shall be administered.

28-674. Traffic accidents; quick clearance

A. Notwithstanding any other provision of this article, motor vehicles involved in traffic accidents and drivers of motor vehicles involved in traffic accidents are subject to this section.

B. This section applies to motor vehicle traffic accidents that occur on controlled access highways and any other highways that are divided into two or more lanes clearly marked for traffic in this state.

C. If a motor vehicle traffic accident occurs and serious physical injury as defined in section 13-105 or death is not apparent, the drivers of the motor vehicles involved in the accident, or any other occupant of the motor vehicles involved in the accident who possesses a valid driver license, shall remove the motor vehicles from the main traveled portion of the roadway into a safe refuge on the shoulder, emergency lane or median or to a place otherwise removed from the roadway if both of the following apply:

1. The moving of the motor vehicle can be done safely.

2. The motor vehicle is capable of being normally and safely driven, does not require towing and can be operated under its own power in its customary manner without further damage or hazard to the motor vehicle, to traffic elements or to the roadway.

D. The driver of a motor vehicle involved in a traffic accident may request any person who possesses a valid driver license to remove the motor vehicle as provided in this section, and the person requested to remove the motor vehicle may comply with the request.

E. The driver or any other person who removes a motor vehicle from the main traveled portion of the roadway as provided in this section before the arrival of a police officer is not liable or at fault regarding the cause of the traffic accident solely by reason of moving the motor vehicle pursuant to this section.

F. This section does not abrogate or affect a driver's duty to do either of the following:

1. File any written report required by a local law enforcement agency, except that compliance with this section does not allow a driver to be prosecuted for the driver's failure to stop and immediately report a traffic accident.

2. Stop and give information pursuant to this article.

G. This section does not relieve a police officer of the duty to submit a written accident report pursuant to this article.

H. In the exercise of the management, control and maintenance of state highways, the department may require and assist in the removal of the following from the main traveled portion of the roadways in the state highway system:

1. All vehicles that are incapacitated for any cause other than having been involved in a motor vehicle traffic accident.

2. All vehicles incapacitated as a result of being involved in a motor vehicle traffic accident and debris caused by a motor vehicle traffic accident if both of the following apply:

(a) Serious physical injury as defined in section 13-105 or death is not apparent.

(b) The move can be accomplished safely by the drivers of the motor vehicles involved or with the assistance of a towing or recovery vehicle and the move will result in the improved safety or convenience of travel on the highway.

I. The department shall not require or assist in the removal of a motor vehicle that is incapacitated as a result of being involved in a motor vehicle traffic accident if serious physical injury as defined in section 13-105 or death is apparent until a police officer has made the necessary measurements and diagrams required for the initial accident investigation.

28-675. Causing death by use of a vehicle; classification

A. A person is guilty of causing death by use of a vehicle if all of the following apply:

1. The person is not allowed to operate a motor vehicle pursuant to subsection B of this section.

2. While operating a motor vehicle, the person causes the death of another person.

3. The person commits a violation of any of the following:

(a) Section 28-645, subsection A, paragraph 3, subdivision (a).

(b) Section 28-772.

(c) Section 28-792.

(d) Section 28-794.

(e) Section 28-797, subsection E or G.

(f) Section 28-855, subsection B.

(g) Section 28-857, subsection A.

B. For the purposes of this section, a person shall not operate a motor vehicle if any of the following applies:

1. The person's driving privilege is revoked for any reason.

2. The person's driving privilege is suspended for any reason pursuant to chapter 4, article 3 of this title.

3. The person's driving privilege is suspended pursuant to section 28-1321.

4. The person's driving privilege is suspended pursuant to the department's action based on a previous conviction for a violation of section 28-3473.

5. The person's driving privilege is suspended pursuant to section 28-3306, subsection A, paragraph 3.

6. The person does one of the following to obtain a driver license:

(a) Knowingly uses a false or fictitious name.

(b) Knowingly makes a false statement.

(c) Knowingly conceals a material fact.

(d) Commits fraud.

(e) Violates section 28-3479.

C. Causing death by use of a vehicle is a class 4 felony.

28-676. Causing serious physical injury by use of a vehicle; classification

A. A person is guilty of causing serious physical injury by use of a vehicle if all of the following apply:

1. The person is not allowed to operate a motor vehicle pursuant to subsection B of this section.

2. While operating a motor vehicle, the person causes serious physical injury, as defined in section 13-105, to another person.

3. The person commits a violation of any of the following:

(a) Section 28-645, subsection A, paragraph 3, subdivision (a).

(b) Section 28-772.

(c) Section 28-792.

(d) Section 28-794.

(e) Section 28-797, subsection E or G.

(f) Section 28-855, subsection B.

(g) Section 28-857, subsection A.

B. For the purposes of this section, a person shall not operate a motor vehicle if any of the following applies:

1. The person's driving privilege is revoked for any reason.

2. The person's driving privilege is suspended for any reason pursuant to chapter 4, article 3 of this title.

3. The person's driving privilege is suspended pursuant to section 28-1321.

4. The person's driving privilege is suspended pursuant to the department's action based on a previous conviction for a violation of section 28-3473.

5. The person's driving privilege is suspended pursuant to section 28-3306, subsection A, paragraph 3.

6. The person does one of the following to obtain a driver license:

(a) Knowingly uses a false or fictitious name.

(b) Knowingly makes a false statement.

(c) Knowingly conceals a material fact.

(d) Commits fraud.

(e) Violates section 28-3479.

C. Causing serious physical injury by use of a vehicle is a class 5 felony.

28-693. Reckless driving; classification; license; surrender

A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.

B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.

C. In addition, the judge may require the surrender to a police officer of any driver license of the convicted person, shall report the conviction to the department and may order the driving privileges of the person to be suspended for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge.

D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section 13-1102 or section 13-1103, subsection A, paragraph 1, in the driving of a vehicle, or section 28-708, 28-1381, 28-1382 or 28-1383 within a period of twenty-four months:

1. The person is guilty of a class 1 misdemeanor.

2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.

3. The judge may require the surrender to a police officer of any driver license of the person and shall immediately forward the abstract of conviction to the department.

4. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person.

E. The dates of the commission of the offense are the determining factor in applying subsection D of this section. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.

F. On pronouncement of a jail sentence under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than twelve hours per day nor more than five days per week. The defendant shall spend the remaining days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the defendant's actual hours of employment or schooling.

28-695. Aggressive driving; violation; classification; definition

A. A person commits aggressive driving if both of the following occur:

1. During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations:

(a) Failure to obey traffic control devices as provided in section 28-644.

(b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724.

(c) Unsafe lane change as provided in section 28-729.

(d) Following a vehicle too closely as provided in section 28-730.

(e) Failure to yield the right-of-way as provided in article 9 of this chapter.

2. The person's driving is an immediate hazard to another person or vehicle.

B. A person convicted of aggressive driving is guilty of a class 1 misdemeanor.

C. In addition to any other penalty prescribed by law:

1. A person convicted of a violation of this section shall attend and successfully complete approved traffic survival school training and educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department.

2. The court shall forward the abstract of conviction to the department and may order the department to suspend the person's driving privilege for thirty days.

D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section within a period of twenty-four months:

1. The person is guilty of a class 1 misdemeanor.

2. In addition to any other penalty prescribed by law, the court shall forward the abstract of conviction to the department. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person for one year.

E. The dates of the commission of the offense determine whether subsection D of this section applies. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.

F. For the purposes of this section "course of conduct" means a series of acts committed during a single, continuous period of driving.

28-701. Reasonable and prudent speed; prima facie evidence; exceptions

A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.

B. Except as provided in subsections C and D of this section or except if a special hazard requires a lesser speed, any speed in excess of the following speeds is prima facie evidence that the speed is too great and therefore unreasonable:

1. Fifteen miles per hour approaching a school crossing.

2. Twenty-five miles per hour in a business or residential district.

3. Sixty-five miles per hour in other locations.

C. The speed limits prescribed in this section may be altered as authorized in sections 28-702 and 28-703.

D. The maximum speed provided in this section is reduced to the speed that is reasonable and prudent under the conditions and with regard to the actual and potential hazards then existing, including the following conditions:

1. Approaching and crossing an intersection or railroad crossing.

2. Approaching and going around a curve.

3. Approaching a hillcrest.

4. Traveling on a narrow or winding roadway.

5. A special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

E. A person shall not drive a motor vehicle at a speed that is less than the speed that is reasonable and prudent under existing conditions.

28-701.02. Excessive speeds; classification

A. A person shall not:

1. Exceed thirty-five miles per hour approaching a school crossing.

2. Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.

3. Exceed eighty-five miles per hour in other locations.

B. A person who violates subsection A of this section is guilty of a class 3 misdemeanor.

C. A person charged with a violation of this section may not be issued a civil complaint for a violation of section 28-701 if the civil complaint alleges a violation arising out of the same circumstances.

28-702. State highway speed limits

A. If the director determines on the basis of an engineering and traffic investigation that any maximum speed limit is greater or less than is reasonable or safe under the conditions found to exist on any part of a state highway, the director may determine and declare a reasonable and safe maximum speed limit or varying speed limits for the location.

B. The maximum speed limit determined pursuant to this section is effective when appropriate signs giving notice of the maximum speed limit are erected.

C. The director may declare a maximum speed limit that is determined pursuant to this section to be effective at all times or at such times as indicated on the speed limit signs. The director may establish varying speed limits for different times of day, different types of vehicles, varying weather conditions and other factors bearing on safe speeds. The varying limits are effective when posted on appropriate fixed or variable signs.

28-702.01. Urbanized areas; waste of a finite resource; civil penalties

A. If the maximum speed limit on a public highway in this state is fifty-five miles per hour, a person shall not drive a motor vehicle at a speed in excess of fifty-five miles per hour on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is sixty-five miles per hour or less, the offense is designated as the waste of a finite resource and is a civil traffic violation subject to subsection B of this section.

B. If a person is found responsible for a civil traffic violation pursuant to subsection A of this section:

1. A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked and a court shall not transmit abstracts of records of judgment for the violation to the department.

2. An insurer shall not consider the violation as a moving traffic violation against the person for the purpose of establishing rates of motor vehicle insurance charged by the insurer and shall not cancel or refuse to renew a policy of insurance because of the violation.

3. The civil penalty shall not exceed fifteen dollars plus the penalty assessments imposed pursuant to sections 12-116.01 and 12-116.02.

4. A report shall not be made under section 28-1559, subsection B.

C. If the maximum speed limit on a public highway in this state is fifty-five miles per hour, a person shall not drive a motor vehicle at a speed in excess of fifty-five miles per hour on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is more than sixty-five miles per hour, the offense is designated as a civil traffic violation and the person is subject to a civil penalty of not more than the amount provided in section 28-1598.

D. This section does not apply to an interstate system highway located outside of an urbanized area, as defined in section 28-702.04, with a population of fifty thousand or more persons.

28-702.03. Maximum speed limit violation on interstate highway system in another state; effect

If a resident of this state is convicted of violating the maximum speed limit of fifty-five miles per hour on the interstate system highways of another state and the speed at which the person is alleged to have driven is sixty-five miles per hour or less:

1. A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked.

2. An insurer shall not consider the violation as a moving traffic violation against the person for the purpose of establishing rates of motor vehicle insurance charged by the insurer, and the insurer shall not cancel or refuse to renew a policy of insurance because of the violation.

28-702.04. Maximum speed limit on interstate highways outside urbanized areas; definition

A. The speed limit for all types of motor vehicles is sixty-five miles per hour on the interstate system highways located outside of an urbanized area with a population of fifty thousand or more persons, except that the director may declare a lower speed limit on the highways pursuant to section 28-702.

B. A person shall not drive a motor vehicle at a speed in excess of the maximum speed limit prescribed by this section.

C. The director may order the increase of the maximum speed limit prescribed in subsection A of this section to seventy-five miles per hour on an individual interstate system highway subject to this section or on all of the interstate system highways in this state as prescribed in section 28-702.

D. A violation of this section is a civil traffic violation, and the person is subject to a civil penalty that does not exceed the amount provided by section 28-1598.

E. For the purposes of this section, "urbanized area" means an urbanized area as defined in the decennial census by the United States bureau of the census.

28-703. Alteration of speed limits by local authority

A. If a local authority determines on the basis of an engineering and traffic investigation that the maximum speed permitted under this article is greater or less than is reasonable or safe under the conditions found to exist on any part of a street or highway in its jurisdiction, the local authority may determine and declare a reasonable and safe maximum speed limit at the location and, based on the investigation, may:

1. Decrease the limit at intersections.

2. Increase the limit within any business or residence district to not more than sixty-five miles per hour.

3. Decrease the limit outside any business or residence district.

4. Increase or decrease the limit on streets adjacent to school grounds.

B. A local authority shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets in its jurisdiction and shall declare a reasonable and safe maximum limit on the arterial streets in its jurisdiction that may be more or less than the maximum speed permitted under this article for a business or residence district.

C. A local authority may decrease the limit to not less than fifteen miles per hour on an unpaved street or road within any district in its jurisdiction if the local authority determines that the limit is necessary to achieve or maintain national ambient air quality standards.

D. An altered limit established as provided for in this section is effective at all times, or during hours of darkness, or at other times as may be determined if appropriate signs giving notice of the altered limit are erected on the street or highway.

E. The alteration of maximum speed limits on state highways or extensions of state highways in a municipality by a local authority is not effective until the director approves the alteration.

F. A local authority shall not make more than six alterations per mile along a street or highway pursuant to this section, except for reduced limits at intersections. The difference between adjacent limits shall not be more than ten miles per hour except for school crossings.

28-703.01. End of speed zone; signs required

The agency or authority establishing a speed zone under section 28-702 or 28-703 is responsible for erecting:

1. At the beginning of each zone a sign designating the maximum allowable speed within the zone.

2. At the end of each zone a sign bearing either the legend "resume speed" or setting forth the new maximum speed limit.

28-703.02. Establishing speed on multiple lane highways

On multiple lane highways with two or more separate roadways, different prima facie speed limits may be established for different roadways under any of the procedures specified in sections 28-702 and 28-703.

28-704. Minimum speed limits; requirement to turn off roadway

A. A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

B. If the director or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the director or local authority may determine and declare a minimum speed limit below which a person shall not drive a vehicle except when necessary for safe operation or in compliance with law.

C. If a person is driving a vehicle at a speed less than the normal flow of traffic at the particular time and place on a two-lane highway where passing is unsafe, and if five or more vehicles are formed in a line behind the vehicle, the person shall turn the vehicle off the roadway at the nearest place designated as a turnout by signs erected by the director or a local authority, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following to proceed.

28-705. Special speed limitation; motor driven cycles

A person shall not operate a motor driven cycle at any time provided in section 28-922 at a speed of more than thirty-five miles per hour unless the motor driven cycle is equipped with a head lamp or head lamps that are adequate to reveal a person or vehicle at a distance of three hundred feet ahead.

28-706. Special speed limitations

A. A person shall not drive a vehicle equipped with solid rubber or cushion tires at a speed of more than ten miles per hour.

B. A person shall not drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed that is greater than the maximum speed that can be maintained with safety to the bridge or structure if the structure is signposted as provided in this section.

C. On request from any local authority or on the director's own initiative, the director may conduct an investigation of any bridge or other elevated structure constituting a part of a highway. If the director finds that the structure cannot safely withstand vehicles traveling at the speed otherwise permissible under this article, the director shall:

1. Determine and declare the maximum speed of vehicles that the structure can withstand.

2. Cause or permit suitable signs stating the maximum speed to be erected and maintained at a distance of three hundred feet before each end of the structure.

D. At the trial of a person charged with a violation of this section, proof of a determination of the maximum speed by the director and the existence of the signs are conclusive evidence of the maximum speed that can be maintained with safety to the bridge or structure.

28-707. Charging speed violation; burden of proof; findings

A. In a charge of violating a speed restriction in this article, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the maximum speed applicable within the district or at the location.

B. The provision of this article declaring maximum speed limitations does not relieve the plaintiff in any civil action, other than a civil action to impose a civil penalty, from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.

C. If a person is charged with a criminal offense, except for excessive speed under section 28-701.02, or cited for a civil traffic violation under this article and if the person is operating a commercial motor vehicle as defined in section 28-3001, the court, on conviction of the offense or on adjudication of the civil traffic complaint, shall make a finding based on either an admission or the evidence as to whether the speed that the vehicle was operated was fifteen miles per hour or more over the speed limit.

28-708. Racing on highways; classification; exception; definitions

A. A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.

B. A person who violates this section is guilty of a class 1 misdemeanor. If a person is convicted of a second or subsequent violation of this section within twenty-four months of a first conviction, the person is guilty of a class 6 felony and is not eligible for probation, pardon, suspension of sentence or release on any other basis until the person has served not less than ten days in jail or prison.

C. A person who is convicted of a first violation of this section shall pay a fine of not less than two hundred fifty dollars and may be ordered by the court to perform community restitution.

D. A person who is convicted of a subsequent violation of this section shall pay a fine of not less than five hundred dollars and may be ordered by the court to perform community restitution.

E. On pronouncement of a jail sentence under this section and in cases of extreme hardship, the court may provide in the sentence that if the defendant is employed or attending school and can continue employment or school the defendant may continue the employment or school for not more than twelve hours per day nor more than five days per week, and the defendant shall spend the remaining days or parts of days in jail until the sentence is served. The court may allow the defendant to be out of jail only long enough to complete the defendant's actual hours of employment or school.

F. If a person is convicted of violating this section, the judge may require the surrender to a police officer of any driver license of the person and immediately forward the abstract of conviction to the department. On a first conviction, the judge may order the suspension of the driving privileges of the person for a period of not more than ninety days. In the case of a first conviction and on receipt of the abstract of conviction and order of the court, the department shall suspend the driving privileges of the person for the period of time ordered by the judge. In the case of a second or subsequent conviction for an offense committed within a period of twenty-four months and on receipt of the abstract of conviction, the department shall revoke the driving privileges of the person.

G. The director may authorize in writing an organized and properly controlled event to utilize a highway or part of a highway even though it is prohibited by this section. The authorization shall specify the time of the event, the highway or part of a highway to be utilized and any special conditions the director may require for the particular event.

H. For the purposes of this section:

1. "Drag race" means either:

(a) The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other.

(b) The operation of one or more vehicles over a common selected course and from the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

2. "Racing" means the use of one or more vehicles in an attempt to outgain or outdistance another vehicle or prevent another vehicle from passing.

28-709. Maximum speed limit for large vehicles and vehicles with trailers

A. Unless a lower maximum speed limit is posted or the department designates a greater maximum speed limit pursuant to subsection B of this section, a person shall not drive either of the following on a highway in this state at a speed that is greater than sixty-five miles per hour:

1. A motor vehicle or vehicle combination with a declared gross weight of more than twenty-six thousand pounds, excluding a motor vehicle designed for carrying sixteen or more passengers, including the driver. For the purposes of this paragraph, "declared gross weight" and "vehicle combination" have the same meaning prescribed in section 28-5431.

2. A vehicle that is drawing a pole trailer that weighs six thousand or more pounds.

B. If the department determines on the basis of an engineering and traffic investigation of a highway under its jurisdiction that the designation of a maximum speed limit for vehicles prescribed in subsection A of this section that is greater than sixty-five miles per hour would facilitate the safe and orderly movement of traffic, the department may designate such a maximum speed for travel of those vehicles and shall erect signs at reasonable intervals giving notice of the speed limitation.

28-710. State highway work zone safety; civil penalty; fund

A. In a state highway work zone as defined in section 28-652 that is designated as a state highway work zone by traffic control devices indicating the beginning and end of the state highway work zone and in which workers are not present, a person shall not drive a vehicle at a speed that is greater than the speed allowed by traffic control devices.

B. In a state highway work zone as defined in section 28-652 that is designated as a state highway work zone by traffic control devices indicating the beginning and end of the state highway work zone and in which workers are present, a person shall not drive a vehicle at a speed that is greater than the speed allowed by traffic control devices. If a person is found responsible for a civil traffic violation under this subsection, the person is subject to a civil penalty equal to the amount of the civil penalty for the same speeding violation committed in a state highway work zone in which workers are not present and shall pay an additional assessment equal to the amount of that civil penalty. The court shall collect the additional assessment at the same time the court collects the civil penalty. Partial payments of the total amount due pursuant to this subsection shall be divided according to the proportion that the civil penalty, the penalty assessments levied pursuant to sections 12-116.01 and 12-116.02 and the additional assessment imposed pursuant to this subsection represent of the total amount due. The court and the department shall treat failure to pay the additional assessment imposed pursuant to this subsection in the same manner as failure to pay a civil penalty, including taking action against the person's driver license or permit or privilege to drive pursuant to sections 28-1601, 28-3153 and 28-3305.

C. A state highway work zone safety fund is established consisting of monies deposited pursuant to subsection D, paragraph 1 of this section. The governor's office of highway safety shall administer the fund. The monies in the fund are continuously appropriated. Monies in the fund shall be used to establish and maintain a public education campaign for highway work zone safety.

D. If a person is found responsible for a violation of subsection B of this section in a justice court or superior court, the court shall transmit monies received to pay the additional assessment to the county treasurer. If a person is found responsible for a violation of subsection B of this section in a municipal court, the court shall transmit the monies received to pay the additional assessment to the city treasurer. Notwithstanding section 28-1554, the city or county treasurer shall transmit the monies received to pay the additional assessment to the state treasurer. The state treasurer shall deposit the monies received to pay the additional assessment as follows:

1. Fifty per cent in the state highway work zone safety fund established by this section.

2. Fifty per cent in the state highway fund established by section 28-6991.

28-721. Driving on right side of roadway; exceptions

A. On all roadways of sufficient width, a person shall drive a vehicle on the right half of the roadway except as follows:

1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing the movement.

2. When the right half of a roadway is closed to traffic while under construction or repair.

3. On a roadway divided into three marked lanes for traffic under the rules applicable on the roadway.

4. On a roadway designated and signposted for one-way traffic.

B. On all roadways, a person driving a vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall drive the vehicle in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

28-722. Passing vehicles proceeding in opposite directions

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and on roadways having width for not more than one line of traffic in each direction, each driver shall give to the other driver at least one-half of the main traveled portion of the roadway as nearly as possible.

28-723. Overtaking a vehicle on the left

The following rules govern the overtaking and passing of vehicles proceeding in the same direction:

1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal or blinking of head lamps at nighttime and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.

28-724. Overtaking on the right

A. The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

1. When the vehicle overtaken is making or about to make a left turn.

2. On a street or highway with unobstructed pavement that is not occupied by parked vehicles and that is of sufficient width for two or more lines of moving vehicles in each direction.

3. On a one-way street or on a roadway on which traffic is restricted to one direction of movement and if the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

B. The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting the movement in safety. The driver shall not make the movement by driving off the pavement or main traveled portion of the roadway.

28-725. Limitations on overtaking on the left

A person shall not drive a vehicle to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. The overtaking vehicle shall return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.

28-726. Limitations on driving to left of roadway center

A. A person shall not drive a vehicle to the left side of the roadway under the following conditions:

1. When approaching the crest of a grade or on a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.

2. When approaching within one hundred feet of or traversing any intersection or railroad grade crossing or where appropriate signs or markings have been installed to define a no passing zone.

3. When the view is obstructed on approaching within one hundred feet of any bridge, viaduct or tunnel.

B. The limitations provided in this section do not apply on a one-way roadway.

28-727. No passing zones

The director may determine those portions of a highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may indicate the beginning and end of the zones by appropriate signs or markings on the roadway. When the signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions of the signs or markings.

28-728. One-way roadways and rotary traffic islands

A. The director may designate any highway or any separate roadway under the director's jurisdiction for one-way traffic and shall erect appropriate signs giving notice of one-way traffic.

B. On a roadway designated and signposted for one-way traffic, a person shall drive a vehicle only in the direction designated.

C. A person shall drive a vehicle passing around a rotary traffic island only to the right of the island.

28-729. Driving on roadways laned for traffic

If a roadway is divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent with this section apply:

1. A person shall drive a vehicle as nearly as practicable entirely within a single lane and shall not move the vehicle from that lane until the driver has first ascertained that the movement can be made with safety.

2. On a roadway that is divided into three lanes, a person shall not drive a vehicle in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of the allocation.

3. Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every sign.

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