A. On petition by a toll operator, a hearing officer may order that a motor vehicle be immobilized, towed or impounded for the purpose of facilitating enforcement of any toll evasion if the hearing officer finds that the person is a repeat toll evader and has unsatisfied liability involving the motor vehicle. The hearing officer’s order may be enforced by any peace officer with jurisdiction in the location in which the motor vehicle is found.

Terms Used In Arizona Laws 28-7764

  • Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Notice of toll evasion: means the second written notice of failure to pay a required payment as described in section 28-7759 that is delivered after notice of payment due is delivered. See Arizona Laws 28-7751
  • 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. See Arizona Laws 28-101
  • Owner: means :

    (a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101

  • Penalties: means penalties imposed pursuant to section 28-7753. See Arizona Laws 28-7751
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Toll evasion: means the failure to pay in full a notice of payment due within the required time. See Arizona Laws 28-7751

B. The registered owner of a motor vehicle that is immobilized, towed or impounded for unsatisfied liability under this section, the spouse of the registered owner and each person identified on the department‘s record with an interest in the motor vehicle shall be provided an opportunity for an immobilization or poststorage hearing pursuant to section 28-3514 solely for the purpose of challenging the validity of the immobilization, tow or impoundment. This hearing shall not readjudicate the merits of any previously adjudicated notice of toll evasion.

C. An immobilized or impounded motor vehicle shall be released immediately if all of the following have been paid:

1. The full amount of the tolls, administrative charges and penalties.

2. Assessed filing fees and postaward collection and execution costs.

3. Costs incurred for immobilization, towing and storage.

4. Administrative charges established pursuant to section 28-3513.