A. Except as provided in section 28-5739, it is unlawful for a person to act as an interstate user without being licensed as an interstate user. Unless otherwise specified, a person who violates this subsection is subject to the penalties prescribed in section 28-5921.

Terms Used In Arizona Laws 28-5734

  • Director: means the director of the department of transportation. See Arizona Laws 28-101
  • Interstate user: means a person registering a use class motor vehicle under chapter 7, article 7 or 8 of this title or section 28-2321 or 28-2324. See Arizona Laws 28-5601
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
  • 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
  • User: includes a person who, within the meaning of the term use as defined in this section, uses fuel in a use class motor vehicle. See Arizona Laws 28-5601

B. A person who is an interstate user shall obtain a use fuel license in the name of the motor vehicle registrant, except that:

1. At the rental company’s option, a rental company receiving approval for consolidated tax filing from the director may be the licensee in lieu of the vehicle registrant.

2. If the registrant leases the motor vehicle to a lessee who is licensed as an interstate user and there is a written agreement so providing, the registrant may permit the lessee to include the vehicle under the lessee’s license for purposes of this article. A written lease agreement shall specify which party to the lease agreement is responsible for obtaining the interstate user license.

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