A. A person may sell dyed diesel fuel for use in a federally exempt motor vehicle prescribed in subsection B on the highways in this state if the purchaser of the dyed diesel fuel provides a written statement to the seller of the fuel and to the department that dyed diesel fuel may only be used on highways in this state as provided in subsection B. The statement may include other information the department requires.

Terms Used In Arizona Laws 28-5649

  • Bus: means a motor vehicle designed for carrying sixteen or more passengers, including the driver. See Arizona Laws 28-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
  • Dyed diesel fuel: means diesel fuel that is dyed pursuant to United States internal revenue service regulations or requirements, including any invisible marker requirements. See Arizona Laws 28-5601
  • In this state: means any way or place within the exterior limits of the state of Arizona that is maintained by public monies, including any such way or place that is owned by or ceded to the United States of America. See Arizona Laws 28-5601
  • Motor vehicle: means a self-propelled vehicle required to be licensed or subject to licensing for operation on a highway. See Arizona Laws 28-5601
  • Person: means an individual, firm, partnership, joint venture, association, corporation, estate, trust, business trust, receiver or syndicate, this state, any county, city, town, district or other subdivision of this state, an Indian tribe, or any other group or combination acting as a unit. See Arizona Laws 28-5601
  • Sell: includes a transfer of title or possession, exchange or barter in any manner or by any means. See Arizona Laws 28-5601
  • State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
  • Use: includes the placing of fuel into any receptacle on a motor vehicle from which fuel is supplied for the propulsion of the vehicle unless the operator of the vehicle establishes to the satisfaction of the director that the fuel was consumed for a purpose other than to propel a motor vehicle on a highway in this state and, with respect to fuel brought into this state in any such receptacle on a use class motor vehicle, the consumption of the fuel in this state. See Arizona Laws 28-5601

B. Dyed diesel fuel may only be used on highways in this state in the following federally exempt motor vehicles:

1. A school bus if it is engaged in the transportation of students and school employees and is exempt from the federal excise tax on diesel fuel.

2. A qualified local bus if it is available to the general public, operates along a scheduled, regular route, has a seating capacity of at least twenty adults excluding the driver, is under contract with or receives more than a nominal subsidy from any state or local government to furnish that transportation and is exempt from the federal excise tax on diesel fuel.