HB 2957

Senate Engrossed
  House Bill
driver license;
  enhanced; mobile; prohibition
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2957
AN
ACT
Amending sections 28-101 and 28-338,
Arizona Revised Statutes; Amending title 28, chapter 2, article 2, Arizona
Revised Statutes, by adding section 28-340; amending sections 28-364 and 28-3158,
Arizona Revised Statutes; relating to driver licenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 28-101, Arizona Revised
Statutes, is amended to read:
START_STATUTE28-101. Definitions
In this title, unless the context otherwise requires:
1. "Alcohol" means any substance
containing any form of alcohol, including ethanol, methanol, propynol and
isopropynol.
2. "Alcohol concentration" if expressed as
a percentage means either:
(a) The number of grams of alcohol per one hundred
milliliters of blood.
(b) The number of grams of alcohol per two hundred
ten liters of breath.
3. "All-terrain vehicle" means
either of the following:
(a) A motor vehicle that satisfies all of the
following:
(i) Is designed primarily for recreational
nonhighway all-terrain travel.
(ii) Is fifty or fewer inches in width.
(iii) Has an unladen weight of one thousand two
hundred pounds or less.
(iv) Travels on three or more nonhighway tires.
(v) Is operated on a public highway.
(b) A recreational off-highway vehicle that
satisfies all of the following:
(i) Is designed primarily for recreational
nonhighway all-terrain travel.
(ii) Is eighty or fewer inches in width.
(iii) Has an unladen weight of two thousand five
hundred pounds or less.
(iv) Travels on four or more nonhighway tires.
(v) Has a steering wheel for steering control.
(vi) Has a rollover protective structure.
(vii) Has an occupant retention system.
4. "Authorized emergency vehicle" means
any of the following:
(a) A fire department vehicle.
(b) A police vehicle.
(c) An ambulance or emergency vehicle of a municipal
department or public service corporation that is designated or authorized by
the department or a local authority.
(d) Any other ambulance, fire truck or rescue
vehicle that is authorized by the department in its sole discretion and that
meets liability insurance requirements prescribed by the department.
5. "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.
6. "Automated driving system" means the
hardware and software that are collectively capable of performing the entire
dynamic driving task on a sustained basis, regardless of whether it is limited
to a specific operational design domain.
7. "Automotive recycler" means a person
that is engaged in the business of buying or acquiring a motor vehicle solely
for the purpose of dismantling, selling or otherwise disposing of the parts or
accessories and that removes parts for resale from six or more vehicles in a
calendar year.
8. "Autonomous vehicle" means a motor
vehicle that is equipped with an automated driving system.
9. "Aviation fuel" means all flammable
liquids composed of a mixture of selected hydrocarbons expressly manufactured
and blended for the purpose of effectively and efficiently operating an
internal combustion engine for use in an aircraft but does not include fuel for
jet or turbine powered aircraft.
10. "Bicycle" means a device, including a
racing wheelchair, that is propelled by human power and on which a person may
ride and that has either:
(a) Two tandem wheels, either of which is more than
sixteen inches in diameter.
(b) Three wheels in contact with the ground, any of
which is more than sixteen inches in diameter.
11. "Board" means the transportation
board.
12. "Bus" means a motor vehicle designed
for carrying sixteen or more passengers, including the driver.
13. "Business district" means the
territory contiguous to and including a highway if there are buildings in use
for business or industrial purposes within any six hundred feet along the
highway, including hotels, banks or office buildings, railroad stations and
public buildings that occupy at least three hundred feet of frontage on one
side or three hundred feet collectively on both sides of the highway.
14. "Certificate of ownership" means a
paper or an electronic record that is issued in another state or a foreign
jurisdiction and that indicates ownership of a vehicle.
15. "Certificate of title" means a paper
document or an electronic record that is issued by the department and that
indicates ownership of a vehicle.
16. "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.
17. "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.
18. "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.
(b) An unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court.
(c) A plea of guilty or no contest accepted by the
court.
(d) The payment of a fine or court costs.
19. "County highway" means a public road
that is constructed and maintained by a county.
20. "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.
21. "Department" means the department of
transportation acting directly or through its duly authorized officers and
agents.
22. "Digital network or software
application" has the same meaning prescribed in section 28-9551.
23. "Director" means the director of the
department of transportation.
24. "Drive" means to operate or be in
actual physical control of a motor vehicle.
25. "Driver" means a person who drives or
is in actual physical control of a vehicle.
26. "Driver license" means a license that
is issued by a state to an individual and that authorizes the individual to
drive a motor vehicle.
27. "Dynamic driving task":
(a) Means all of the real-time operational and
tactical functions required to operate a vehicle in on-road traffic.
(b) Includes:
(i) Lateral vehicle motion control by steering.
(ii) Longitudinal motion control by acceleration and
deceleration.
(iii) Monitoring the driving environment by object
and event detection, recognition, classification and response preparation.
(iv) Object and event response execution.
(v) Maneuver planning.
(vi) Enhancing conspicuity by lighting, signaling
and gesturing.
(c) Does not include strategic functions such as
trip scheduling and selecting destinations and waypoints.
28. "Electric bicycle" means a bicycle or
tricycle that is equipped with fully operable pedals and an electric motor of
less than seven hundred fifty watts and that meets the requirements of one of
the following classes:
(a) "Class 1 electric bicycle" means a
bicycle or tricycle that is equipped with an electric motor that provides
assistance only when the rider is pedaling and that ceases to provide
assistance when the bicycle or tricycle reaches the speed of twenty miles per
hour.
(b) "Class 2 electric bicycle" means a
bicycle or tricycle that is equipped with an electric motor that may be used
exclusively to propel the bicycle or tricycle and that is not capable of
providing assistance when the bicycle or tricycle reaches the speed of twenty
miles per hour.
(c) "Class 3 electric bicycle" means a
bicycle or tricycle that is equipped with an electric motor that provides
assistance only when the rider is pedaling and that ceases to provide
assistance when the bicycle or tricycle reaches the speed of twenty-eight
miles per hour.
29. "Electric miniature scooter" means a
device that:
(a) Weighs less than thirty pounds.
(b) Has two or three wheels.
(c) Has handlebars.
(d) Has a floorboard on which a person may stand
while riding.
(e) Is powered by an electric motor or human power,
or both.
(f) Has a maximum speed that does not exceed ten
miles per hour, with or without human propulsion, on a paved level surface.
30. "Electric personal assistive mobility
device" means a self-balancing device with one wheel or two
nontandem wheels and an electric propulsion system that limits the maximum
speed of the device to fifteen miles per hour or less and that is designed to
transport only one person.
31. "Electric standup scooter":
(a) Means a device that:
(i) Weighs less than seventy-five pounds.
(ii) Has two or three wheels.
(iii) Has handlebars.
(iv) Has a floorboard on which a person may stand
while riding.
(v) Is powered by an electric motor or human power,
or both.
(vi) Has a maximum speed that does not exceed twenty
miles per hour, with or without human propulsion, on a paved level surface.
(b) Does not include an electric miniature scooter.
32. "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.
(b) An electronic or digital license plate
authorized pursuant to section 28-364.
33. "Farm" means any lands primarily used
for agriculture production.
34. "Farm tractor" means a motor vehicle
designed and used primarily as a farm implement for drawing implements of
husbandry.
35. "Foreign vehicle" means a motor
vehicle, trailer or semitrailer that is brought into this state other than in
the ordinary course of business by or through a manufacturer or dealer and that
has not been registered in this state.
36. "Fully autonomous vehicle" means an
autonomous vehicle that is equipped with an automated driving system designed
to function as a level four or five system under SAE J3016 and that may be
designed to function either:
(a) Solely by use of the automated driving system.
(b) By a human driver when the automated driving
system is not engaged.
37. "Golf cart" means a motor vehicle that
has not less than three wheels in contact with the ground, that has an unladen
weight of less than one thousand eight hundred pounds, that is designed to be
and is operated at not more than twenty-five miles per hour and that is
designed to carry not more than four persons including the driver.
38. "Gross combined weight rating" means
the sum of the gross vehicle weight rating of a motor vehicle and the trailer
or semitrailer the motor vehicle tows.
39. "Gross vehicle weight rating" means
the weight that is assigned by the motor vehicle manufacturer to a motor
vehicle and that represents the maximum recommended total weight, including the
vehicle and the load for the vehicle.
40. "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.
41. "Human driver" means a natural person
in the vehicle who performs in real time all or part of the dynamic driving
task or who achieves a minimal risk condition for the vehicle.
42. "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 that uses an automated driving system or that is autonomous or that
is self-propelled or otherwise, whether operated manually, equipped with
an automated driving system that is not in use or equipped with an automated
driving system that is in use, and that meets both of the following conditions:
(a) Is
used solely for agricultural purposes, including the
preparation or harvesting of cotton, alfalfa, grains, specialty crops and other
farm crops. For the purposes of this subdivision, "specialty crops"
includes fruits, vegetables, tree nuts, dried fruits and horticulture and
nursery crops, including floriculture.
(b) Is only incidentally operated or moved on a
highway whether as a trailer or an autonomous vehicle or a self-propelled
unit. For the purposes of this subdivision, "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.
43. "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.
44. "Livery vehicle" means a motor vehicle
that:
(a) Has a seating capacity not exceeding fifteen
passengers including the driver.
(b) Provides passenger services for a fare
determined by a flat rate or flat hourly rate between geographic zones or
within a geographic area.
(c) Is available for hire on an exclusive or shared
ride basis.
(d) May do any of the following:
(i) Operate on a regular route or between specified
places.
(ii) Offer prearranged ground transportation service
as defined in section 28-141.
(iii) Offer on demand ground transportation service
pursuant to a contract with a public airport, licensed business entity or
organization.
45. "Local authority" means any county,
municipal or other local board or body exercising jurisdiction over highways
under the constitution and laws of this state.
46. "Manufacturer" means a person engaged
in the business of manufacturing motor vehicles, trailers or semitrailers.
47. "Minimal risk condition":
(a) Means a condition to which a human driver or an
automated driving system may bring a vehicle in order to reduce the risk of a
crash when a given trip cannot or should not be completed.
(b) Includes bringing the vehicle to a complete
stop.
48. "Moped" means a bicycle, not including
an electric bicycle, an electric miniature scooter or an electric standup
scooter, 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.
49. "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, an electric miniature scooter, an electric
standup scooter and a moped.
50. "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, an electric
miniature scooter or an electric standup scooter.
51. "Motorized quadricycle" means a
self-propelled motor vehicle to which all of the following apply:
(a) The vehicle is self-propelled by an
emission-free electric motor and may include pedals operated by the passengers.
(b) The vehicle has at least four wheels in contact
with the ground.
(c) The vehicle seats at least eight passengers,
including the driver.
(d) The vehicle is operable on a flat surface using
solely the electric motor without assistance from the pedals or passengers.
(e) The vehicle is a commercial motor vehicle as
defined in section 28-5201.
(f) The vehicle is a limousine operating under a
vehicle for hire company permit issued pursuant to section 28-9503.
(g) The vehicle is manufactured by a motor vehicle
manufacturer that is licensed pursuant to chapter 10 of this title.
(h) The vehicle complies with the definition and
standards for low-speed vehicles set forth in 49 Code of Federal
Regulations sections 571.3(b) and 571.500, respectively.
52. "Motor vehicle":
(a) Means either:
(i) A self-propelled vehicle.
(ii) For the purposes of the laws relating to the
imposition of a tax on motor vehicle fuel, a vehicle that is operated on the
highways of this state and that is propelled by the use of motor vehicle fuel.
(b) Does not include a scrap vehicle, a personal
delivery device, a personal mobile cargo carrying device, a motorized
wheelchair, an electric personal assistive mobility device, an electric
bicycle, an electric miniature scooter, an electric standup scooter or a
motorized skateboard. For the purposes of this subdivision:
(i) "Motorized skateboard" means a self-propelled
device that does not have handlebars and that has a motor, a deck on which a
person may ride and at least two tandem wheels in contact with the ground.
(ii) "Motorized wheelchair" means a self-propelled
wheelchair that is used by a person for mobility.
53. "Motor vehicle fuel" includes all
products that are commonly or commercially known or sold as gasoline, including
casinghead gasoline, natural gasoline and all flammable liquids, and that are
composed of a mixture of selected hydrocarbons expressly manufactured and
blended for the purpose of effectively and efficiently operating internal
combustion engines. Motor vehicle fuel does not include inflammable
liquids that are specifically manufactured for racing motor vehicles and that
are distributed for and used by racing motor vehicles at a racetrack, use fuel
as defined in section 28-5601, aviation fuel, fuel for jet or turbine
powered aircraft or the mixture created at the interface of two different
substances being transported through a pipeline, commonly known as transmix.
54. "Neighborhood electric shuttle":
(a) Means a self-propelled electrically
powered motor vehicle to which all of the following apply:
(i) The vehicle is emission free.
(ii) The vehicle has at least four wheels in contact
with the ground.
(iii) The vehicle is capable of transporting at
least eight passengers, including the driver.
(iv) The vehicle is a commercial motor vehicle as
defined in section 28-5201.
(v) The vehicle is a vehicle for hire as defined in
section 28-9501 and operates under a vehicle for hire company permit
issued pursuant to section 28-9503.
(vi) The vehicle complies with the definition and
standards for low-speed vehicles set forth in 49 Code of Federal
Regulations sections 571.3(b) and 571.500, respectively.
(b) Includes a vehicle that meets the standards
prescribed in subdivision (a) of this paragraph and that has been modified
after market and not by the manufacturer to transport up to fifteen passengers,
including the driver.
55. "Neighborhood electric vehicle" means
a self-propelled electrically powered motor vehicle to which all of the
following apply:
(a) The vehicle is emission free.
(b) The vehicle has at least four wheels in contact
with the ground.
(c) The vehicle complies with the definition and
standards for low-speed vehicles, unless excepted or exempted under
federal law, set forth in 49 Code of Federal Regulations sections 571.3(b) and
571.500, respectively.
56. "Neighborhood occupantless electric
vehicle" means a neighborhood electric vehicle that is not designed,
intended or marketed for human occupancy.
57. "Nonresident" means a person who is
not a resident of this state as defined in section 28-2001.
58. "Off-road recreational motor
vehicle" means a motor vehicle that is designed primarily for recreational
nonhighway all-terrain travel and that is not operated on a public
highway. Off-road recreational motor vehicle does not mean a
motor vehicle used for construction, building trade, mining or agricultural
purposes.
59. "Operational design domain":
(a) Means operating conditions under which a given
automated driving system is specifically designed to function.
(b) Includes roadway types, speed range,
environmental conditions, such as weather or time of day, and other domain
constraints.
60. "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.
61. "Owner" means:
(a) A person who holds the legal title of a vehicle.
(b) If a vehicle is the subject of an agreement for
the conditional sale or lease with the right of purchase on performance of the
conditions stated in the agreement and with an immediate right of possession
vested in the conditional vendee or lessee, the conditional vendee or lessee.
(c) If a mortgagor of a vehicle is entitled to
possession of the vehicle, the mortgagor.
62. "Pedestrian" means any person
afoot. A person who uses an electric personal assistive mobility
device or a manual or motorized wheelchair is considered a pedestrian unless
the manual wheelchair qualifies as a bicycle. For the purposes of
this paragraph, "motorized wheelchair" means a self-propelled
wheelchair that is used by a person for mobility.
63. "Personal delivery device":
(a) Means a device that is both of the following:
(i) Manufactured for transporting cargo and goods in
an area described in section 28-1225.
(ii) Equipped with automated driving technology,
including software and hardware, that enables the operation of the device with
the remote support and supervision of a human.
(b) Does not include a personal mobile cargo
carrying device.
64. "Personal
mobile cargo carrying device" means an electronically powered device that:
(a) Is operated
primarily on sidewalks and within crosswalks and that is designed to transport
property.
(b) Weighs less than eighty pounds, excluding cargo.
(c) Operates at a maximum speed of twelve miles per
hour.
(d) Is equipped with technology to transport
personal property with the active monitoring of a property owner and that is
primarily designed to remain within twenty-five feet of the property
owner.
(e) Is equipped with a braking system that when
active or engaged enables the personal mobile cargo carrying device to come to
a controlled stop.
65. "Power sweeper" means an implement,
with or without motive power, that is only incidentally operated or moved on a
street or highway and that is designed for the removal of debris, dirt, gravel,
litter or sand whether by broom, vacuum or regenerative air system from
asphaltic concrete or cement concrete surfaces, including parking lots,
highways, streets and warehouses, and a vehicle on which the implement is
permanently mounted.
66. "Public transit" means the
transportation of passengers on scheduled routes by means of a conveyance on an
individual passenger fare-paying basis excluding transportation by a
sightseeing bus, school bus or taxi or a vehicle not operated on a scheduled
route basis.
67. "Reconstructed vehicle" means a
vehicle that has been assembled or constructed largely by means of essential
parts, new or used, derived from vehicles or makes of vehicles of various
names, models and types or that, if originally otherwise constructed, has been
materially altered by the removal of essential parts or by the addition or
substitution of essential parts, new or used, derived from other vehicles or
makes of vehicles. For the purposes of this paragraph, "essential
parts" means integral and body parts, the removal, alteration or
substitution of which will tend to conceal the identity or substantially alter
the appearance of the vehicle.
68. "Residence district" means the
territory contiguous to and including a highway not comprising a business district
if the property on the highway for a distance of three hundred feet or more is
in the main improved with residences or residences and buildings in use for
business.
69. "Right-of-way" when used
within the context of the regulation of the movement of traffic on a highway
means the privilege of the immediate use of the highway. Right-of-way
when used within the context of the real property on which transportation
facilities and appurtenances to the facilities are constructed or maintained
means the lands or interest in lands within the right-of-way
boundaries.
70. "SAE
J3016" means surface transportation recommended practice J3016 taxonomy
and definitions for terms related to driving automation systems for on-road
motor vehicles published by SAE international in June 2018.
71. "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.
(b) Privately owned and operated for compensation
for the transportation of children to or from home or school on a regularly
scheduled basis.
72. "Scrap metal dealer" has the same
meaning prescribed in section 44-1641.
73. "Scrap vehicle" has the same meaning
prescribed in section 44-1641.
74. "Semitrailer" 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 some part of its
weight and that of its load rests on or is carried by another vehicle. For the
purposes of this paragraph, "pole trailer" has the same meaning
prescribed in section 28-601.
75. "Single-axle tow dolly" means a
nonvehicle device that is drawn by a motor vehicle, that is designed and used
exclusively to transport another motor vehicle and on which the front or rear
wheels of the drawn motor vehicle are mounted on the tow dolly while the other
wheels of the drawn motor vehicle remain in contact with the ground.
76. "State" means a state of the United
States and the District of Columbia.
77. "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.
78. "State route" means a right-of-way
whether actually used as a highway or not that is designated by the board as a
location for the construction of a state highway.
79. "Street" or "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.
80. "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.
(b) Offers local transportation for a fare
determined on the basis of the distance traveled or prearranged ground
transportation service as defined in section 28-141 for a predetermined
fare.
81. "Title transfer form" means a paper or
an electronic form that is prescribed by the department for the purpose of
transferring a certificate of title from one owner to another owner.
82. "Traffic survival school" means a
school that is licensed pursuant to chapter 8, article 7.1 of this title and
that offers educational sessions that are designed to improve the safety and
habits of drivers and that are approved by the department.
83. "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. A semitrailer equipped with an auxiliary front
axle commonly known as a dolly is deemed to be a trailer. For the
purposes of this paragraph, "pole trailer" has the same meaning
prescribed in section 28-601.
84. "Transportation network company" has
the same meaning prescribed in section 28-9551.
85. "Transportation network company
vehicle" has the same meaning prescribed in section 28-9551.
86. "Transportation network service" has
the same meaning prescribed in section 28-9551.
87. "Truck" means a motor vehicle designed
or used primarily for the carrying of property other than the effects of the
driver or passengers and includes a motor vehicle to which has been added a
box, a platform or other equipment for such carrying.
88. "Truck tractor" means a motor vehicle
that is designed and used primarily for drawing other vehicles and that is not
constructed to carry a load other than a part of the weight of the vehicle and
load drawn.
89. "Vehicle":
(a) Means a device in, on or by which a person or
property is or may be transported or drawn on a public highway.
(b) Does not include:
(i) Electric bicycles, electric miniature scooters,
electric standup scooters and devices moved by human power.
(ii) Devices used exclusively on stationary rails or
tracks.
(iii) Personal delivery devices.
(iv) Scrap vehicles.
(v) Personal mobile cargo carrying devices.
90. "Vehicle transporter" means either:
(a) A truck tractor capable of carrying a load and
drawing a semitrailer.
(b) A truck tractor with a stinger-steered
fifth wheel capable of carrying a load and drawing a semitrailer or a truck
tractor with a dolly mounted fifth wheel that is securely fastened to the truck
tractor at two or more points and that is capable of carrying a load and
drawing a semitrailer. END_STATUTE
Sec. 2. Section 28-338, Arizona Revised
Statutes, is amended to read:
START_STATUTE28-338. Enhanced driver license prohibition
A. This state shall not
participate in the implementation of or require a person to
participate in an enhanced driver license program to satisfy the
requirements of the federal western hemisphere travel initiative or the REAL ID
act of 2005 (P.L. 109-13, division B; 119 Stat. 302). The
department shall not implement or require a person to
participate in an enhanced driver license program and shall report to
the governor and the legislature any attempt by agencies or agents of the
United States department of homeland security to secure the implementation of
an enhanced driver license program through the operations of the United States
department of homeland security.
B. the department shall continue to
make available a driver license and nonoperating identification license
pursuant to chapter 8, article 4 of this title that are not compliant with the
REAL ID act of 2005 and any subsequent amendments. the department shall issue a driver license or nonoperating
IDENTIFICATION license that is not compliant with the real id act of 2005 only
to a person whose state of DOMICILE is this state and whose presence in the
United States is authorized under federal law. Such a driver license
and nonoperating identification license shall be marked "not for real id
act purposes".
C. The department shall not retain
any copies of original or secondary source documents used to verify a person's
identity when issuing a driver license or nonoperating identification license pursuant to subsection B of this section except when required by
federal law for the purposes of issuing a commercial driver license pursuant to
chapter 8, article 5 of this title.
D. any information collected from a
person when issuing a driver license or nonoperating identification license
PURSUANT to subsection B of this section shall not be accessible to, shared
with or stored in any interstate, federal or international database system,
including the state pointer exchange services, except for any of the following
purposes:
1. Any valid purpose relating to the
national law enforcement telecommunications system.
2. Any check of the person's driving
record required by 49 code of federal regulations section 383.73 when issuing a
COMMERCIAL driver license pursuant to chapter 8, article 5 of this title.
E. The
department shall ensure that each person who applies for a driver license or
nonoperating identification license is informed both verbally and in writing
that the person may choose to be issued either a driver license or nonoperating
IDENTIFICATION license that is REAL ID-compliant or issued pursuant to
subsection B of this section. Any sign, display, brochure,
electronic interface or public communication in this state that describes or
promotes the real id act of 2005 shall clearly state that using a driver
license or nonoperating identification license that is REAL ID-compliant
is voluntary and that a driver license or nonoperating identification license
that is not compliant with the REAL ID act of 2005 is available as an
alternative. A driver license or nonoperating identification license
applicant shall be given a list of the transportation security administration's
currently acceptable forms of identification. END_STATUTE
Sec. 3. Title 28, chapter 2, article 2, Arizona
Revised Statutes, is amended by adding section 28-340, to read:
START_STATUTE28-340. Digital or mobile driver license; prohibited acceptance
A city, town or county or this state shall not
require the use of a digital or mobile driver license or a digital or mobile
nonoperating identification license for identification purposes for any
government service or PURPOSE. a physical driver license or
nonoperating identification LICENSE shall be accepted for all identification
PURPOSES in this state. END_STATUTE
Sec. 4. Section 28-364, Arizona Revised
Statutes, is amended to read:
START_STATUTE28-364. Powers of the director
A. The director may provide technical transportation
planning expertise to local governments when requested, coordinate local
government transportation planning with regional and state transportation
planning and guide local transportation planning to ensure compliance with
federal requirements. The planning authority granted by this
subsection does not preempt planning responsibilities and decisions of local
governments.
B. If the governor declares a state of emergency,
the director may contract and do all things necessary to provide emergency
transportation services for the residents in the affected areas whether the
emergency transportation is by street, rail or air.
C. On a determination that it is in this state's
best interest, the director may authorize payment for necessary relocation
costs in advance of work being performed if an existing facility owned by the
United States must be relocated or adjusted due to construction, modification
or improvement of a state highway. The director shall base each
advance payment on an estimate of cost of the proposed relocation or adjustment
prepared by the federal government and acceptable to the director and shall
base the final compensation on the actual agreed cost.
D. The director of the department of transportation
in consultation with the director of the department of public safety shall
develop procedures to exchange information for any purpose related to sections
28-1324, 28-1325, 28-1326, 28-1462 and 28-3318.
E. The
director may establish a system or process that does all of the following:
1. Allows
for mailing notices of service or other legal documents or records of the
department electronically or digitally to a person who consents to receiving
these notices, documents or records through a secure electronic or digital
system.
2. Enables
a person to establish a financial account in the department's
database. The account shall be accessible by the person or the
person's authorized representative to review statements of all transactions
associated with the person's account and to make prepayments or payments for
authorized transactions with the department. Notwithstanding any other law,
monies in financial accounts established pursuant to this section that remain
unexpended for a period of five years or more revert to the Arizona highway
user revenue fund and shall be distributed pursuant to section 28-6538.
3. Allows
a person to comply with the photograph update and proof of vision test
requirements prescribed by section 28-3173 through electronic or digital
means that meet the department's standards.
4. Enables
the department to accept certificate of title brands from other states or
jurisdictions and to record these brands on the appropriate vehicle records.
F. The
director, in consultation with the Arizona medical board or the state board of
optometry, may do all of the following:
1. Establish
medical and vision standards for driver license applicants and examinations.
2. Establish
courses of training, training facilities and qualifications and methods of
training for driver license examining personnel.
3. Establish
procedures for the certification of driver license examining personnel and
driver license instructors personnel.
4. Direct
research in the field of licensing drivers. The director may accept public or
private grants for the research.
5. Conduct
research in the field of examination or reexamination of licensing individual
drivers with medical or vision problems.
6. Set
minimum vision standards for the operation of a motor vehicle in this state.
G. The director may implement electronic or digital
versions of driver licenses, nonoperating identification
licenses, vehicle registration cards, license plates or other official
records of the department. END_STATUTE
Sec. 5. Section 28-3158, Arizona Revised
Statutes, is amended to read:
START_STATUTE28-3158. Driver license or instruction permit application
A. A person who applies for an instruction permit or
for a driver license shall use a form furnished by the department.
B. An applicant shall pay the fee prescribed by
section 28-3002 for a driver license or for an instruction permit issued
under section 28-3154, 28-3155, 28-3156 or 28-3225. The
department shall refund an application fee pursuant to section 28-373.
C. An applicant for an instruction permit or a
driver license shall give the department satisfactory proof of the applicant's
full legal name, date of birth, sex and domicile residence address in this
state, if the applicant has a residence address, and that the applicant's
presence in the United States is authorized under federal law.
D. The application for an instruction permit or a
driver license shall state the following:
1. A brief description of the applicant and any
other identifying information required by the department.
2. Whether the applicant has been licensed, and if
so, the type of license issued, when the license was issued and what state or
country issued the license.
3. If the applicant was never licensed, the
applicant's last previous state or country of residence.
4. The social security number of the applicant.
E. The department shall:
1. Verify that a social security number provided by
an applicant is a valid number assigned to that applicant.
2. Retain the social security number in its records.
F. The social security number provided to the
department pursuant to subsection D of this section for an applicant's driver
license or instruction permit shall not appear on an applicant's driver license
or instruction permit unless the applicant requests that the social security
number appear on the applicant's driver license or instruction permit as the
driver license or instruction permit number. Except as provided in sections 28-455
and 41-1954, the department shall not release the social security number
to any person unless the applicant requests that the social security number
appear on the applicant's driver license or instruction permit as the driver
license or instruction permit number. The provisions of this subsection shall
be included in each application.
G. The department may adopt and implement procedures
to deny a driver license or instruction permit to a person who has been
deported. The department may adopt and implement procedures to reinstate a
person's privilege to apply for a driver license or permit if the person's
legal presence status is restored.
H. On request of an applicant, the department shall
allow the applicant to provide on the license or permit a post office box
address that is regularly used by the applicant.
I. The department may request an applicant who
appears in person for a license, a duplicate license or reinstatement of a
driving privilege to complete satisfactorily the vision screening prescribed by
the department.
J. If a driver license applicant submits
satisfactory proof to the department that the applicant is a veteran, on
request of the applicant, the department shall allow a distinguishing mark to
appear on the license that identifies the person as a veteran.
K. This section does not allow the
department to collect, analyze, store or transmit any biometric data, except
that the department may transfer the photo image required pursuant to section
28-3166.END_STATUTE
Sec. 6. Conditional
repeal; notice
A. Section 28-3175,
Arizona Revised Statutes, is repealed and the department shall immediately
rescind all compliance measures with the REAL ID act of 2005 (P.L. 109-13,
division B; 119 Stat. 302) and cease to issue REAL ID-compliant driver
licenses or nonoperating identification licenses as of the date any of the
following occur:
1. Division B of the REAL
ID act of 2025 is repealed.
2. The definition of
official purpose in the REAL ID driver's licenses and identification cards (6
Code of Federal Regulations part 37) is modified.
3. Federal laws or rules
are changed to prohibit state issuance of non-REAL ID-compliant
driver licenses or nonoperating identification licenses.
B. The department of
transportation shall notify the director of the Arizona legislative council in
writing of this date.