HB2399 - ADOT; revisions

House Engrossed ADOT; revisions State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026 HOUSE BILL 2399 AN ACT Amending sections 28-101, 28-337 and 28-737, Arizona Revised Statutes; repealing section 28-2410, Arizona Revised Statutes; amending sections 28-3158, 28-3165, 28-3173, 28-3319, 28-3321, 28-4882, 28-5606, 28-5614, 28-5805, 28-7041 and 28-8328, Arizona Revised Statutes; relating to the department of transportation. (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_STATUTE 28-101. 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. "apply and application" means the process in which a person provides required information in a manner PReSCRIBED by the department for services RENDERED by the department. 4. 5. "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. 6. "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. 7. "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. 8. "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. 9. "Autonomous vehicle" means a motor vehicle that is equipped with an automated driving system. 9. 10. "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. 11. "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. 12. "Board" means the transportation board. 12. 13. "Bus" means a motor vehicle designed for carrying sixteen or more passengers, including the driver. 13. 14. "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. 15. "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. 16. "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. 17. "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. 18. "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. 19. "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. 20. "County highway" means a public road that is constructed and maintained by a county. 20. 21. "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. 22. "Department" means the department of transportation acting directly or through its duly authorized officers and agents. 22. 23. "Digital network or software application" has the same meaning prescribed in section 28-9551. 23. 24. "Director" means the director of the department of transportation. 24. 25. "Drive" means to operate or be in actual physical control of a motor vehicle. 25. 26. "Driver" means a person who drives or is in actual physical control of a vehicle. 26. 27. "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. 28. "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. 29. "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. 30. "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. 31. "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. 32. "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. 33. "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. 34. "Farm" means any lands primarily used for agriculture production. 34. 35. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry. 35. 36. "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. 37. "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. 38. "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. 39. "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. 40. "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. 41. "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. 42. "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. 43. "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. 44. "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. 45. "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 serv [Text truncated for display. Full text available on LegiScan.]