Arizona Laws 28-4032. Persons subject to financial responsibility requirements
A. Notwithstanding any other statute:
Terms Used In Arizona Laws 28-4032
- Bus: means a motor vehicle designed for carrying sixteen or more passengers, including the driver. See Arizona Laws 28-101
- Declared gross weight: has the meaning prescribed in section 28-5431. See Arizona Laws 28-4031
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- 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 Title 42 of the 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. See Arizona Laws 28-101
- 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. See Arizona Laws 28-101
- 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. See Arizona Laws 28-101
- Livery vehicle: means a motor vehicle that:
(a) Has a seating capacity not exceeding fifteen passengers including the driver. See Arizona Laws 28-101
- Motor vehicle: means a self-propelled vehicle that is registered or required to be registered under the laws of this state. See Arizona Laws 28-4001
- Operator: means a person who is in actual physical control of a motor vehicle, whether or not the person has a license. See Arizona Laws 28-4001
- Owner: means :
(a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101
- Person: means :
(a) An owner or operator of a motor vehicle or vehicle combination subject to the financial responsibility requirements of this article. See Arizona Laws 28-4031
- State: means a state, territory or possession of the United States, the District of Columbia or a province of the Dominion of Canada. See Arizona Laws 28-4001
- Statute: A law passed by a legislature.
- Taxi: means a motor vehicle that has a seating capacity not exceeding fifteen passengers, including the driver, that provides passenger services and that:
(a) Does not primarily operate on a regular route or between specified places. See Arizona Laws 28-101
- Vehicle combination: has the meaning prescribed in section 28-5431. See Arizona Laws 28-4031
1. A person who operates in the furtherance of a commercial enterprise in this state a motor vehicle or vehicle combination that has a declared gross weight of more than twenty thousand pounds shall comply with the financial responsibility requirements of this article and article 4 of this chapter.
2. A person who operates a motor vehicle or vehicle combination for the purpose of transporting hazardous materials, hazardous substances or hazardous wastes as defined by the department shall comply with the financial responsibility requirements of this article and article 4 of this chapter unless any of the following applies:
(a) The transportation of hazardous materials, hazardous substances or hazardous wastes is incidental to the principal purpose of the vehicular travel at the time the transportation occurs.
(b) The transportation of hazardous materials, hazardous substances or hazardous wastes is not in the furtherance of a commercial enterprise.
(c) The transportation of an amount of hazardous material listed in 49 C.F.R. § 172.504(a) table two is less than one thousand pounds or not more than one hundred ten gallons for a combustible liquid.
B. A person who operates a bus used to transport passengers for hire, other than a car pool operator, shall comply with the financial responsibility requirements of this article and article 4 of this chapter. This subsection does not apply to a car pool operator. For the purposes of this subsection, "car pool operator" means a natural person when engaged either regularly or occasionally in carrying one or more other persons by motor vehicle on a public highway, with or without compensation, if the carriage of the other person or persons is both:
1. Not for profit. A car pool operator is conclusively presumed not to be carrying persons for profit if either:
(a) The operator receives compensation of not more than twenty cents per mile for total vehicle miles traveled, except that the proportionate share of the car pool operator shall be included in the amount.
(b) The operator carries one or more of the operator’s passengers in consideration of the operator being carried in like situations by the passenger or passengers. The receipt of compensation of more than twenty cents per mile for total vehicle miles traveled does not preclude a car pool operator from showing that this compensation does not result in a profit to the operator or that the operator did not intend that a profit result.
2. Incidental to another purpose of the car pool operator. Except in unusual circumstances, the carriage is incidental to another purpose of the operator if the operator is not making the trip solely for the purpose of carrying a passenger. A car pool operator is conclusively presumed not to be transporting passengers for hire.
C. A person who is listed on the department’s records as the owner of a taxi, livery vehicle or limousine used to transport passengers for hire shall comply with the financial responsibility requirements of this article and article 4 of this chapter.