Sections
Article 1 General Provisions 28-3001 – 28-3006
Article 2 Advisory Entities 28-3053
Article 3 Driver License Classes and Endorsements 28-3101 – 28-3103
Article 4 General Licensing Provisions 28-3151 – 28-3175
Article 5 Commercial Driver Licensing 28-3221 – 28-3229
Article 6 Regulation 28-3301 – 28-3323
Article 7 Defensive Driving School 28-3391 – 28-3399
Article 7.1 Traffic Survival Schools 28-3411 – 28-3418
Article 8 License Violations 28-3471 – 28-3483
Article 9 Vehicle Immobilization, Impoundment and Storage 28-3511 – 28-3515

Terms Used In Arizona Laws > Title 28 > Chapter 8

  • Abuse: means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child. See Arizona Laws 8-201
  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Adult: means a person who is eighteen years of age or older. See Arizona Laws 8-201
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol. See Arizona Laws 28-101
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Authorized emergency vehicle: means any of the following:

    (a) A fire department vehicle. See Arizona Laws 28-101

  • Autocycle: means a three-wheeled motorcycle on which the driver and passengers ride in a fully or partially enclosed seating area that is equipped with a roll cage, safety belts for each occupant and antilock brakes and that is designed to be controlled with a steering wheel and pedals. See Arizona Laws 28-101
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Board: means the transportation board. See Arizona Laws 28-101
  • Bus: means a motor vehicle designed for carrying sixteen or more passengers, including the driver. See Arizona Laws 28-101
  • Cancellation: means the annulment or termination of a driver license because of an error or defect or because the licensee is no longer entitled to the license. See Arizona Laws 28-3001
  • Certificate of title: means a paper document or an electronic record that is issued by the department and that indicates ownership of a vehicle. See Arizona Laws 28-101
  • Child safety services: means a specialized child welfare program that is administered by the department as provided in this chapter and that investigates allegations of and seeks to prevent, intervene in and treat abuse, and neglect, to promote the well-being of the child in a permanent home and to coordinate services to strengthen the family. See Arizona Laws 8-801
  • 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. See Arizona Laws 28-101
  • Commercial driver license: means a license that is issued to an individual and that authorizes the individual to operate a class of commercial motor vehicles. See Arizona Laws 28-3001
  • Commercial motor vehicle: means a motor vehicle or combination of motor vehicles that is used in commerce to transport passengers or property and that includes any of the following:

    (a) A motor vehicle or combination of motor vehicles that 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. See Arizona Laws 28-3001

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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. See Arizona Laws 28-101
  • 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. See Arizona Laws 28-101

  • court: means a juvenile division of the superior court, a justice of the peace court or a municipal court. See Arizona Laws 28-3391
  • Criminal conduct allegation: means an allegation of conduct by a parent, guardian or custodian of a child or an adult member of the victim's household that, if true, would constitute any of the following:

    (a) A violation of section 13-3623 involving child abuse. See Arizona Laws 8-201

  • Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court. See Arizona Laws 8-201
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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 and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
  • Department: means the department of child safety. See Arizona Laws 8-201
  • Dependent: A person dependent for support upon another.
  • Director: means the director of the department of transportation. See Arizona Laws 28-101
  • Director: means the director of the department. See Arizona Laws 8-201
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disqualification: means a prohibition from obtaining a commercial driver license or driving a commercial motor vehicle. See Arizona Laws 28-3001
  • Drive: means to operate or be in actual physical control of a motor vehicle. 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
  • Driver license: means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle. See Arizona Laws 28-101
  • Employer: means a person, including the United States, a state or a political subdivision of a state, that owns or leases a commercial motor vehicle or that assigns a person to operate a commercial motor vehicle. See Arizona Laws 28-3001
  • Endorsement: means an authorization that is added to an individual's driver license and that is required to permit the individual to operate certain types of vehicles. See Arizona Laws 28-3001
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Evidence: includes both of the following:

    (a) A display on a wireless communication device of a department-generated driver license, nonoperating identification license, vehicle registration card or other official record of the department that is presented to a law enforcement officer or in a court or an administrative proceeding. See Arizona Laws 28-101

  • Farm: means any lands primarily used for agriculture production. See Arizona Laws 28-101
  • Farm tractor: means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry. See Arizona Laws 28-101
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign: means outside the United States. See Arizona Laws 28-3001
  • Fraud: Intentional deception resulting in injury to another.
  • Gross vehicle weight rating: means the weight that is assigned by the vehicle manufacturer to a vehicle and that represents the maximum recommended total weight including the vehicle and the load for the vehicle. See Arizona Laws 28-3001
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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. 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
  • Implement of husbandry: means a vehicle that is designed primarily for agricultural purposes and that is used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self-propelled or otherwise that meets both of the following conditions:

    (a) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains and other farm crops. See Arizona Laws 28-101

  • incidentally operated or moved on a highway: means travel between a farm and another part of the same farm, from one farm to another farm or between a farm and a place of repair, supply or storage. See Arizona Laws 28-101
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Judgment: means a final judgment and any of the following:

    (a) The finding by a court that an individual is responsible for a civil traffic violation. See Arizona Laws 28-3001

  • 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.
  • juvenile: means an individual who is under the age of eighteen years. See Arizona Laws 8-201
  • Juvenile court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility. See Arizona Laws 8-201
  • 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
  • License class: means , for the purpose of determining the appropriate class of driver license required for the type of motor vehicle or vehicle combination a driver intends to operate or is operating, the class of driver license prescribed in section 28-3101. See Arizona Laws 28-3001
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
  • Manufacturer: means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers. See Arizona Laws 28-101
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Moped: means a bicycle, not including an electric 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 percent grade. See Arizona Laws 28-101
  • Motor driven cycle: means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower but does not include an electric bicycle. See Arizona Laws 28-101
  • 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 excludes a tractor, an electric bicycle and a moped. See Arizona Laws 28-101
  • neglected: means :

    (a) The inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes unreasonable risk of harm to the child's health or welfare, except if the inability of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services. See Arizona Laws 8-201

  • Nondomiciled commercial driver license: means a commercial driver license issued to an individual domiciled in a foreign country or to an individual domiciled in another state if that state is prohibited from issuing commercial driver licenses. See Arizona Laws 28-3001
  • Nonresident: means a person who is not a resident of this state as defined in section 28-2001. See Arizona Laws 28-101
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Original applicant: means any of the following:

    (a) An applicant who has never been licensed or cannot provide evidence of licensing. See Arizona Laws 28-3001

  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means :

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

  • Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Referral: means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act. See Arizona Laws 8-201
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Revocation: means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are terminated and shall not be renewed or restored, except that an application for a new license may be presented and acted on by the department after one year from the date of revocation. See Arizona Laws 28-3001
  • 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. See Arizona Laws 28-101

  • State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
  • 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. See Arizona Laws 28-101
  • State of domicile: means the state or jurisdiction where a person has the person's true, fixed and permanent home and principal residence and to which the person has the intention of returning after an absence. See Arizona Laws 28-3001
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Suspension: means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are temporarily withdrawn during the period of the suspension. See Arizona Laws 28-3001
  • Traffic survival school: means a school that offers educational sessions to drivers who are required to attend and successfully complete educational sessions pursuant to this title that are designed to improve the safety and habits of drivers and that are approved by the department. See Arizona Laws 28-101
  • Trailer: means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, 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. See Arizona Laws 28-101
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Vehicle combination: means a motor vehicle and a vehicle in excess of ten thousand pounds gross vehicle weight that it tows, if the combined gross vehicle weight rating is more than twenty-six thousand pounds. See Arizona Laws 28-3001
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
  • Writing: includes printing. See Arizona Laws 1-215