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Senate Engrossed House Bill
State of Arizona
House of Representatives Fifty-second Legislature First Regular Session 2015
HOUSE BILL 2135
AN ACTAMENDING SECTIONS 20-1631, 28-101, 28-142, 28-2164, 28-4009 AND 28-4033, ARIZONA REVISED STATUTES; AMENDING TITLE 28, CHAPTER 9, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 28-4038 AND 28-4039; AMENDING SECTIONS 41-2052 AND 41-2097, ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8; AMENDING SECTION 42-5062, ARIZONA REVISED STATUTES; RELATING TO TRANSPORTATION NETWORK SERVICES.
Be it enacted by the Legislature of the State of Arizona: 1
Section 1. Section 20-1631, Arizona Revised Statutes, is amended to 2
read: 3
20-1631. Definition of motor vehicle; cancellation of or 4
failure to renew coverage; limitations; limitation 5
of liability; exceptions; insurance producers; 6
definitions 7
A. In this article, unless the context otherwise requires, "motor 8
vehicle" means a licensed land, motor-driven vehicle but does not mean: 9
1. A private passenger or station wagon type vehicle used as a public 10
or livery conveyance or rented to others. 11
2. Any other four-wheel motor vehicle of a load capacity of fifteen 12
hundred pounds or less that is used in the business of transporting 13
passengers for hire, used in business primarily to transport property or 14
equipment, used as a public or livery conveyance or rented to others. 15
3. Any motor vehicle with a load capacity of more than fifteen hundred 16
pounds. 17
4. FROM AND AFTER FEBRUARY 29, 2016, A VEHICLE THAT OTHERWISE 18
QUALIFIES AS A MOTOR VEHICLE UNDER THIS SUBSECTION BUT ONLY WHILE THE DRIVER 19
OF THE VEHICLE IS LOGGED IN TO A TRANSPORTATION NETWORK COMPANY'S DIGITAL 20
NETWORK OR SOFTWARE APPLICATION TO BE A DRIVER OR IS PROVIDING TRANSPORTATION 21
NETWORK SERVICES, UNLESS EXPRESSLY COVERED BY THE PRIVATE PASSENGER POLICY. 22
B. A motor vehicle used as a public or livery conveyance or rented to 23
others does not include a motor vehicle used in the course of volunteer work 24
for a tax-exempt organization as described in section 43-1201, subsection A, 25
paragraph 4. 26
C. An insurer shall not cancel or refuse to renew a motor vehicle 27
insurance policy solely because of the location of residence, age, race, 28
color, religion, sex, national origin or ancestry of anyone who is an 29
insured. 30
D. An insurer shall not issue a motor vehicle insurance policy in this 31
state unless the cancellation and renewal conditions of the policy or the 32
endorsement on the policy includes the limitations required by this section. 33
After a policy issued in this state has been in effect for sixty days, or if 34
the policy is a renewal, effective immediately, the company shall not 35
exercise its right to cancel or fail to renew the insurance afforded under 36
the policy unless: 37
1. The named insured fails to discharge when due any of the 38
obligations of the named insured in connection with the payment of premium 39
for this policy or any installment of the premium. 40
2. The insurance was obtained through fraudulent misrepresentation. 41
3. The named insured, any person who resides in the same household as 42
the named insured and customarily operates a motor vehicle insured under the 43
policy or any other person who regularly and frequently operates a motor 44
(a) Has had the person's driver license suspended or revoked during 1
the policy period. 2
(b) Develops a permanent disability, either physically or mentally, 3
and such individual does not produce a certificate from a physician or a 4
registered nurse practitioner testifying to such person's ability to operate 5
a motor vehicle. 6
(c) Is or has been convicted during the thirty-six months immediately 7
preceding the effective date of the policy or during the policy period of: 8
(i) Criminal negligence resulting in death, homicide or assault and 9
arising out of the operation of a motor vehicle. 10
(ii) Operating a motor vehicle while in an intoxicated condition or 11
while under the influence of drugs. 12
(iii) Leaving the scene of an accident. 13
(iv) Making false statements in an application for a driver license. 14
(v) Reckless driving. 15
4. The insurer is placed in rehabilitation or receivership by the 16
insurance supervisory official in its state of domicile or by a court of 17
competent jurisdiction or the director has suspended the insurer's 18
certificate of authority based on its financially hazardous condition. 19
5. The named insured, any person who resides in the same household as 20
the named insured and customarily operates a motor vehicle insured under the 21
policy or any other person who regularly and frequently operates a motor 22
vehicle insured under the policy uses a motor vehicle rated or insured under 23
the policy as a private passenger motor vehicle regularly and frequently for 24
commercial purposes. 25
6. FROM AND AFTER FEBRUARY 29, 2016, THE NAMED INSURED, ANY PERSON WHO 26
RESIDES IN THE SAME HOUSEHOLD AS THE NAMED INSURED AND WHO CUSTOMARILY 27
OPERATES A MOTOR VEHICLE INSURED UNDER THE POLICY OR ANY OTHER PERSON WHO 28
REGULARLY AND FREQUENTLY OPERATES A MOTOR VEHICLE INSURED UNDER THE POLICY 29
USES A MOTOR VEHICLE RATED OR INSURED UNDER THE POLICY TO PROVIDE 30
TRANSPORTATION NETWORK SERVICES UNLESS, WHILE THE DRIVER IS LOGGED IN TO THE 31
TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK OR SOFTWARE APPLICATION TO 32
BE A DRIVER OR IS PROVIDING TRANSPORTATION NETWORK SERVICES, THE NAMED 33
INSURED EITHER: 34
(a) HAS PROCURED AN ENDORSEMENT TO THE PRIVATE PASSENGER POLICY THAT 35
EXPRESSLY PROVIDES SUCH COVERAGE. 36
(b) IS COVERED BY A MOTOR VEHICLE LIABILITY INSURANCE POLICY ISSUED BY 37
ANOTHER INSURER EXPRESSLY PROVIDING SUCH COVERAGE. 38
6. 7. The director determines that the continuation of the policy 39
would place the insurer in violation of the laws of this state or would 40
jeopardize the solvency of the insurer. 41
7. 8. If the insured and the insured's family members are eligible 42
for insurance based solely on the insured's employment with the insurer, 43
exercises its right to nonrenew the policy within twelve months following the 1
insured's termination of employment. 2
E. In addition to the authorization to fail to renew insurance 3
provided by subsection D of this section, an insurer may exercise its right 4
to fail to renew a motor vehicle insurance policy pursuant to this 5
subsection. An insurer shall provide notice of the nonrenewal to the named 6
insured as prescribed by section 20-1632 at least forty-five days before the 7
nonrenewal. A named insured who disputes the nonrenewal of the named 8
insured's policy may file an objection with the director pursuant to section 9
20-1633. An insurer shall not fail to renew more than one-half of one per
10
cent PERCENT of its policies annually pursuant to this subsection. An 11
insurer may fail to renew a motor vehicle insurance policy if the named 12
insured, any person who resides in the same household as the named insured 13
and who customarily operates a motor vehicle insured under the policy or any 14
other person who regularly and frequently operates a motor vehicle insured 15
under the policy has had at any time during the thirty-six months immediately 16
before the notice of nonrenewal three or more at-fault accidents under any 17
motor vehicle insurance policy issued by this insurer in which the property 18
damage paid by the insurer for each accident that occurred prior to January 19
1, 2000 is more than one thousand eight hundred dollars. For accidents 20
occurring on or after January 1, 2000, the department of insurance shall 21
annually adjust and publish, to the nearest ten dollars, the threshold amount 22
of property damages in this subsection by the percentage change in the all 23
items component of the consumer price index for all urban consumers of the 24
United States department of labor, bureau of labor statistics. The insurer 25
shall not exercise its right to fail to renew the insurance under this 26
subsection unless the same individual has had all the accidents that make the 27
policy subject to nonrenewal under this subsection. The insurer shall not 28
exercise its right to fail to renew a motor vehicle insurance policy pursuant 29
to this subsection due to the accident record of the named insured if the 30
named insured has been insured for standard automobile bodily injury coverage 31
for at least ten consecutive years with the same insurer prior to the most 32
recent accident that makes the policy subject to nonrenewal under this 33
subsection. For the purposes of this subsection, "at-fault" means the 34
insured is at least fifty per cent PERCENT responsible for the accident. 35
F. The company shall not cancel or fail to renew the insurance when a 36
person other than the named insured has violated subsection D, paragraph 3 of 37
this section, or fail to renew the insurance pursuant to subsection E of this 38
section due to the driving record of an individual other than the named 39
insured, if the named insured in writing agrees to exclude as insured the 40
person by name when operating a motor vehicle and further agrees to exclude 41
coverage to the named insured for any negligence that may be imputed by law 42
to the named insured arising out of the maintenance, operation or use of a 43
motor vehicle by the excluded person. The written agreement that excludes 44
of the policy by the insurer and remains in effect until the insurer agrees 1
in writing to provide coverage for the named individual who was previously 2
excluded from coverage. 3
G. This article does not apply to any policy that has been in effect 4
less than sixty days at the time notice of cancellation is mailed or 5
delivered by the insurer unless the policy is a renewal policy, or to 6
policies: 7
1. Insuring any motor vehicle other than a private passenger motor 8
vehicle as defined in section 20-117. 9
2. Insuring the motor vehicle hazard of garages, motor vehicle sales 10
agencies, repair shops, service stations or public parking places. 11
3. Providing insurance only on an excess basis. 12
H. If a consumer purchases motor vehicle insurance coverage from an 13
insurance producer licensed in this state, the insurance producer that owns 14
the policy expiration shall remain the insurance producer of record for that 15
insured. In the event the insurer terminates the insurance producer's 16
contract, the insurance producer shall continue to provide customary services 17
to the insured. The insurer shall provide the insurance producer with a 18
minimum degree of authority necessary to provide customary services to the 19
insured and shall provide the same level of compensation for these services 20
that were in effect prior to the termination of the insurance producer 21
contract. 22
I. Subsection H of this section shall not apply if one or more of the 23
following conditions exist: 24
1. The insurance producer of record has had its license suspended or 25
revoked by the department. 26
2. The insurance producer of record is indebted to the insurer. 27
3. The insured has supplied the insurer with a written request that 28
its insurance producer of record be changed to another insurance producer of 29
the insurer. 30
4. The insurance producer of record has authorized transfer of this 31
account to another licensed insurance producer of the insurer. 32
5. The director has determined after a public hearing that 33
continuation of this relationship is not in the best interest of the public. 34
6. The insurance producer of record is under an exclusive contract or 35
contract requiring the insurance producer to submit all eligible business to 36
an insurer or group of insurers under a common management. 37
J. Subsection H of this section shall not apply to any transaction in 38
which the expiration of the policies is owned by the insurer. 39
K. Notwithstanding any law to the contrary, the issuance at renewal of 40
revised policy provisions to modify an existing policy by adding coverages or 41
policy provisions, modifying coverages or policy provisions, or eliminating 42
coverages or policy provisions is not a nonrenewal or cancellation of the 43
policy if the modification of a basic coverage does not eliminate the 44
coverage eliminates the essential benefit of the basic coverage, the director 1
shall order the insurer to remove the modification from the policy. This 2
subsection does not allow the insurer, without the written consent of the 3
insured, to eliminate the basic coverages of the policy or to reduce the 4
monetary limits of any of the basic coverages of the policy that were 5
selected and agreed on. This subsection does not limit a policyholder from 6
continuing to renew uninsured or underinsured motorist coverage pursuant to 7
section 20-259.01. For the purposes of this subsection, "basic coverage" 8
means any of the following: 9
1. Bodily injury coverage. 10
2. Property damage coverage. 11
3. Uninsured motorist coverage. 12
4. Underinsured motorist coverage. 13
5. Medical payments coverage. 14
6. Comprehensive coverage. 15
7. Collision coverage. 16
L. For the purposes of this section, "fail to renew" or 17
"nonrenewal" does not include the issuance and delivery of a new policy 18
within the same insurer or an insurer under the same ownership or management 19
as the original insurer as provided in this subsection. An insurer may 20
transfer up to one per cent PERCENT of its policies to an affiliated insurer 21
within one calendar year if under a policy to be transferred one or more of 22
the insureds that are insured under the policy have individually within the 23
past thirty-six months had two or more at-fault accidents under any motor 24
vehicle insurance policy issued by this insurer in which the property damage 25
paid by the insurer for each accident exceeded one thousand five hundred 26
dollars or individually have had three or more moving violations. Moving 27
violations for which an insured completes an approved traffic school program 28
shall not be considered as a moving violation under this section. A company 29
shall not transfer a policy if a named insured agrees in writing to exclude 30
as an insured a person or persons who each individually meet the criteria for 31
transfer pursuant to this subsection and further agrees to exclude coverage 32
for any negligence that may be imputed by law to the named insured arising 33
out of the maintenance, operation or use of a motor vehicle by such excluded 34
person or persons. An insurer shall transfer only those individuals 35
responsible for the at-fault accidents or moving violations, and the excluded 36
or transferred insured's driving record shall not be used in determining 37
rates, surcharges or premiums for the nonexcluded or nontransferred insured. 38
The one per cent PERCENT limit set forth in this subsection shall not apply 39
to transfers of policies from the original insurer to another insurer under 40
the same ownership or management as the original insurer if the rates charged 41
by the other insurer are the same as or lower than the rates charged by the 42
original insurer. No insurer shall transfer policyholders because of their 43
location of residence, age, race, color, religion, sex, national origin or 44
construed to permit a new unrestricted sixty day period for cancellation or 1
nonrenewal. 2
M. Except as provided in this subsection, an insurer shall not refuse 3
to renew a policy until after August 31, 1998, based on an insured's failure 4
to maintain membership in a bona fide association, until both the insurer and 5
bona fide association have complied with this subsection and shall not refuse 6
to renew any coverage continuously in effect before September 1, 1998, 7
subject to all the following: 8
1. In addition to any other reason provided in this section, an 9
insurer may refuse to renew an insurance policy issued pursuant to this 10
article if all of the following conditions apply: 11
(a) The insurer clearly discloses to the applicant and the insured in 12
the application for insurance and insurance policy that both the payment of 13
dues and current membership in the bona fide association are prerequisites to 14
obtaining or renewing the insurance. 15
(b) Any money paid to the bona fide association as a membership fee: 16
(i) Is not used by the insurer directly or indirectly to defray any 17
costs or expenses in connection with the sale or purchase of the insurance. 18
(ii) Is set independently of any factor used by the insurer to make 19
any judgment or determination about the eligibility of any individual, 20
including the member, an employee of a member or a dependent of a member, to 21
purchase or renew the insurance. 22
(c) The bona fide association has filed a certification with the 23
director verifying the eligibility of the insurer to refuse to renew an 24
insurance policy based on membership in the bona fide association. 25
2. To qualify as a bona fide association pursuant to this subsection, 26
the association shall meet all of the requirements of this paragraph. The 27
association shall file a statement with the director at least thirty days 28
before the commencement of the offer or sale of insurance as provided by this 29
subsection verifying that the association meets the requirements of this 30
paragraph. The association shall update the filing required by this 31
paragraph at least thirty days before the effective date of any material 32
change in the information contained in the statement, and shall file a 33
separate notice with the director if the insurance described in the statement 34
is no longer available through the association. The statement shall include 35
the following information: 36
(a) That the association has been in active existence for at least 37
five consecutive years immediately before the filing of the statement. 38
(b) That the association has been formed and maintained in good faith 39
for purposes other than obtaining or providing insurance and does not 40
condition membership in the association on the purchase of insurance. 41
(c) That the association has articles of incorporation and bylaws or 42
other similar governing documents. 43
(d) That the association does not condition membership in the 44
including the member, an employee of the member or a dependent of the member, 1
to purchase or renew the insurance, or on any factor that the insurer could 2
not lawfully consider when setting rates. 3
(e) That the association has a relationship with a specific insurer or 4
insurers and identifies the insurer or insurers. 5
3. Membership fees collected by the bona fide association are not 6
premiums of the insurer that issued the coverage unless the bona fide 7
association: 8
(a) Uses any portion of the membership fees directly or indirectly to 9
defray any costs or expenses in connection with the sale or purchase of the 10
insurance. 11
(b) Sets or adjusts membership fees for any member of the bona fide 12
association based on any factor used by the insurer that issues the insurance 13
to make any judgment or determination about the eligibility of any 14
individual, including the member, an employee of the member or a dependent of 15
the member, to purchase or renew the insurance. 16
4. If the membership fees constitute premiums pursuant to paragraph 3 17
of this subsection, an insurer shall not refuse to renew a policy as 18
otherwise permitted by this subsection. 19
N. AN INSURER MAY ISSUE AN ENDORSEMENT TO A PRIVATE PASSENGER POLICY 20
THAT EXPRESSLY PROVIDES COVERAGE FOR THE PROVISION OF TRANSPORTATION NETWORK 21
SERVICES, BUT THAT ENDORSEMENT MAY NOT BE TREATED AS BASIC COVERAGE AS 22
DEFINED IN SUBSECTION K OF THIS SECTION AND ANY TERMINATION OF THE 23
ENDORSEMENT MAY NOT BE TREATED AS A MODIFICATION OF BASIC COVERAGE. AN 24
INSURER MAY TERMINATE THE ENDORSEMENT ALLOWED BY THIS SUBSECTION BY GIVING 25
ADVANCE NOTICE OF THE TERMINATION. ANY NOTICE BY THE INSURER TO THE 26
POLICYHOLDER TO TERMINATE THE ENDORSEMENT ALLOWED BY THIS SUBSECTION SHALL BE 27
MAILED TO THE NAMED INSURED BY UNITED STATES MAIL AT LEAST FORTY-FIVE DAYS 28
BEFORE THE EFFECTIVE DATE OF THE TERMINATION. THE NOTICE SHALL INCLUDE AN 29
EXPLANATION TO THE NAMED INSURED THAT THE FURTHER PROVISION OF TRANSPORTATION 30
NETWORK SERVICES FOLLOWING THE EFFECTIVE DATE OF THE TERMINATION MAY SUBJECT 31
THE INSURED TO CANCELLATION OR NONRENEWAL OF THE INSURED'S PRIVATE PASSENGER 32
MOTOR VEHICLE POLICY. 33
O. THIS SECTION AND SECTION 28-4009 DO NOT CREATE AN OBLIGATION OF AN 34
INSURER TO OFFER, PROVIDE OR ISSUE A POLICY OR AN ENDORSEMENT THAT INCLUDES 35
COVERAGE FOR ANY LIABILITY INCURRED WHILE A TRANSPORTATION NETWORK COMPANY 36
DRIVER IS LOGGED IN TO THE TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK 37
OR SOFTWARE APPLICATION TO BE A DRIVER OR IS PROVIDING TRANSPORTATION NETWORK 38
SERVICES. 39
P. FOR THE PURPOSES OF THIS SECTION, "TRANSPORTATION NETWORK COMPANY", 40
"TRANSPORTATION NETWORK COMPANY DRIVER" AND "TRANSPORTATION NETWORK SERVICES" 41
Sec. 2. Section 28-101, Arizona Revised Statutes, is amended to read: 1
28-101. Definitions 2
In this title, unless the context otherwise requires: 3
1. "Alcohol" means any substance containing any form of alcohol, 4
including ethanol, methanol, propynol and isopropynol. 5
2. "Alcohol concentration" if expressed as a percentage means either: 6
(a) The number of grams of alcohol per one hundred milliliters of 7
blood. 8
(b) The number of grams of alcohol per two hundred ten liters of 9
breath. 10
3. "All-terrain vehicle" means either of the following: 11
(a) A motor vehicle that satisfies all of the following: 12
(i) Is designed primarily for recreational nonhighway all-terrain 13
travel. 14
(ii) Is fifty or fewer inches in width. 15
(iii) Has an unladen weight of one thousand two hundred pounds or 16
less. 17
(iv) Travels on three or more nonhighway tires. 18
(v) Is operated on a public highway. 19
(b) A recreational off-highway vehicle that satisfies all of the 20
following: 21
(i) Is designed primarily for recreational nonhighway all-terrain 22
travel. 23
(ii) Is sixty-five or fewer inches in width. 24
(iii) Has an unladen weight of one thousand eight hundred pounds or 25
less. 26
(iv) Travels on four or more nonhighway tires. 27
4. "Authorized emergency vehicle" means any of the following: 28
(a) A fire department vehicle. 29
(b) A police vehicle. 30
(c) An ambulance or emergency vehicle of a municipal department or 31
public service corporation that is designated or authorized by the department 32
or a local authority. 33
(d) Any other ambulance, fire truck or rescue vehicle that is 34
authorized by the department in its sole discretion and that meets liability 35
insurance requirements prescribed by the department. 36
5. "Aviation fuel" means all flammable liquids composed of a mixture 37
of selected hydrocarbons expressly manufactured and blended for the purpose 38
of effectively and efficiently operating an internal combustion engine for 39
use in an aircraft but does not include fuel for jet or turbine powered 40
aircraft. 41
6. "Bicycle" means a device, including a racing wheelchair, that is 42
propelled by human power and on which a person may ride and that has either: 43
(a) Two tandem wheels, either of which is more than sixteen inches in 44
(b) Three wheels in contact with the ground, any of which is more than 1
sixteen inches in diameter. 2
7. "Board" means the transportation board. 3
8. "Bus" means a motor vehicle designed for carrying sixteen or more 4
passengers, including the driver. 5
9. "Business district" means the territory contiguous to and including 6
a highway if there are buildings in use for business or industrial purposes 7
within any six hundred feet along the highway, including hotels, banks or 8
office buildings, railroad stations and public buildings that occupy at least 9
three hundred feet of frontage on one side or three hundred feet collectively 10
on both sides of the highway. 11
10. "Combination of vehicles" means a truck or truck tractor and 12
semitrailer and any trailer that it tows but does not include a forklift 13
designed for the purpose of loading or unloading the truck, trailer or 14
semitrailer. 15
11. "Controlled substance" means a substance so classified under 16
section 102(6) of the controlled substances act (21 United States Code 17
section 802(6)) and includes all substances listed in schedules I through V 18
of 21 Code of Federal Regulations part 1308. 19
12. "Conviction" means: 20
(a) An unvacated adjudication of guilt or a determination that a 21
person violated or failed to comply with the law in a court of original 22
jurisdiction or by an authorized administrative tribunal. 23
(b) An unvacated forfeiture of bail or collateral deposited to secure 24
the person's appearance in court. 25
(c) A plea of guilty or no contest accepted by the court. 26
(d) The payment of a fine or court costs. 27
13. "County highway" means a public road THAT IS constructed and 28
maintained by a county. 29
14. "Dealer" means a person who is engaged in the business of buying, 30
selling or exchanging motor vehicles, trailers or semitrailers and who has an 31
established place of business. 32
15. "Department" means the department of transportation acting 33
directly or through its duly authorized officers and agents. 34
16. "DIGITAL NETWORK OR SOFTWARE APPLICATION" HAS THE SAME MEANING 35
PRESCRIBED IN SECTION 41-2138. 36
16. 17. "Director" means the director of the department of 37
transportation. 38
17. 18. "Drive" means to operate or be in actual physical control of 39
a motor vehicle. 40
18. 19. "Driver" means a person who drives or is in actual physical 41
control of a vehicle. 42
19. 20. "Driver license" means a license that is issued by a state to 43
20. 21. "Electric personal assistive mobility device" means a 1
self-balancing two nontandem wheeled device with an electric propulsion 2
system that limits the maximum speed of the device to fifteen miles per hour 3
or less and that is designed to transport only one person. 4
21. 22. "Farm" means any lands primarily used for agriculture 5
production. 6
22. 23. "Farm tractor" means a motor vehicle designed and used 7
primarily as a farm implement for drawing implements of husbandry. 8
23. 24. "Foreign vehicle" means a motor vehicle, trailer or 9
semitrailer that is brought into this state other than in the ordinary course 10
of business by or through a manufacturer or dealer and that has not been 11
registered in this state. 12
24. 25. "Golf cart" means a motor vehicle that has not less than 13
three wheels in contact with the ground, that has an unladen weight of less 14
than one thousand eight hundred pounds, that is designed to be and is 15
operated at not more than twenty-five miles per hour and that is designed to 16
carry not more than four persons including the driver. 17
25. 26. "Hazardous material" means a material, and its mixtures or 18
solutions, that the United States department of transportation determines 19
under 49 Code of Federal Regulations is, or any quantity of a material listed 20
as a select agent or toxin under 42 Code of Federal Regulations part 73 that 21
is, capable of posing an unreasonable risk to health, safety and property if 22
transported in commerce and that is required to be placarded or marked as 23
required by the department's safety rules prescribed pursuant to chapter 14 24
of this title. 25
26. 27. "Implement of husbandry" means a vehicle designed primarily 26
for agricultural purposes and used exclusively in the conduct of agricultural 27
operations, including an implement or vehicle whether self-propelled or 28
otherwise that meets both of the following conditions: 29
(a) Is used solely for agricultural purposes including the preparation 30
or harvesting of cotton, alfalfa, grains and other farm crops. 31
(b) Is only incidentally operated or moved on a highway whether as a 32
trailer or self-propelled unit. For the purposes of this subdivision, 33
"incidentally operated or moved on a highway" means travel between a farm and 34
another part of the same farm, from one farm to another farm or between a 35
farm and a place of repair, supply or storage. 36
27. 28. "Limousine" means a motor vehicle providing prearranged 37
ground transportation service for an individual passenger, or a group of 38
passengers, that is arranged in advance or is operated on a regular route or 39
between specified points and includes ground transportation under a contract 40
or agreement for services that includes a fixed rate or time and is provided 41
in a motor vehicle with a seating capacity not exceeding fifteen passengers 42
28. 29. "Livery vehicle" means a motor vehicle that: 1
(a) Has a seating capacity not exceeding fifteen passengers including 2
the driver. 3
(b) Provides passenger services for a fare determined by a flat rate 4
or flat hourly rate between geographic zones or within a geographic area. 5
(c) Is available for hire on an exclusive or shared ride basis. 6
(d) May do any of the following: 7
(i) Operate on a regular route or between specified places. 8
(ii) Offer prearranged ground transportation service as defined in 9
section 28-141. 10
(iii) Offer on demand ground transportation service pursuant to a 11
contract with a public airport, licensed business entity or organization. 12
29. 30. "Local authority" means any county, municipal or other local 13
board or body exercising jurisdiction over highways under the constitution 14
and laws of this state. 15
30. 31. "Manufacturer" means a person engaged in the business of 16
manufacturing motor vehicles, trailers or semitrailers. 17
31. 32. "Moped" means a bicycle that is equipped with a helper motor 18
if the vehicle has a maximum piston displacement of fifty cubic centimeters 19
or less, a brake horsepower of one and one-half or less and a maximum speed 20
of twenty-five miles per hour or less on a flat surface with less than a one 21
per cent PERCENT grade. 22
32. 33. "Motor driven cycle" means a motorcycle, including every 23
motor scooter, with a motor that produces not more than five horsepower. 24
33. 34. "Motor vehicle": 25
(a) Means either: 26
(i) A self-propelled vehicle. 27
(ii) For the purposes of the laws relating to the imposition of a tax 28
on motor vehicle fuel, a vehicle that is operated on the highways of this 29
state and that is propelled by the use of motor vehicle fuel. 30
(b) Does not include a motorized wheelchair, an electric personal 31
assistive mobility device or a motorized skateboard. For the purposes of 32
this subdivision: 33
(i) "Motorized skateboard" means a self-propelled device that has a 34
motor, a deck on which a person may ride and at least two tandem wheels in 35
contact with the ground. 36
(ii) "Motorized wheelchair" means a self-propelled wheelchair that is 37
used by a person for mobility. 38
34. 35. "Motor vehicle fuel" includes all products that are commonly 39
or commercially known or sold as gasoline, including casinghead gasoline, 40
natural gasoline and all flammable liquids, and that are composed of a 41
mixture of selected hydrocarbons expressly manufactured and blended for the 42
purpose of effectively and efficiently operating internal combustion engines. 43
Motor vehicle fuel does not include inflammable liquids that are specifically 44
by racing motor vehicles at a racetrack, use fuel as defined in section 1
28-5601, aviation fuel, fuel for jet or turbine powered aircraft or the 2
mixture created at the interface of two different substances being 3
transported through a pipeline, commonly known as transmix. 4
35. 36. "Motorcycle" means a motor vehicle that has a seat or saddle 5
for the use of the rider and that is designed to travel on not more than 6
three wheels in contact with the ground but excluding EXCLUDES a tractor and 7
a moped. 8
36. 37. "Neighborhood electric vehicle" means a self-propelled 9
electrically powered motor vehicle to which all of the following apply: 10
(a) The vehicle is emission free. 11
(b) The vehicle has at least four wheels in contact with the ground. 12
(c) The vehicle complies with the definition and standards for low 13
speed vehicles set forth in federal motor vehicle safety standard 500 and 49 14
Code of Federal Regulations sections 571.3(b) and 571.500, respectively. 15
37. 38. "Nonresident" means a person who is not a resident of this 16
state as defined in section 28-2001. 17
38. 39. "Off-road recreational motor vehicle" means a motor vehicle 18
that is designed primarily for recreational nonhighway all-terrain travel and 19
that is not operated on a public highway. Off-road recreational motor 20
vehicle does not mean a motor vehicle used for construction, building trade, 21
mining or agricultural purposes. 22
39. 40. "Operator" means a person who drives a motor vehicle on a 23
highway, who is in actual physical control of a motor vehicle on a highway or 24
who is exercising control over or steering a vehicle being towed by a motor 25
vehicle. 26
40. 41. "Owner" means: 27
(a) A person who holds the legal title of a vehicle. 28
(b) If a vehicle is the subject of an agreement for the conditional 29
sale or lease with the right of purchase on performance of the conditions 30
stated in the agreement and with an immediate right of possession vested in 31
the conditional vendee or lessee, the conditional vendee or lessee. 32
(c) If a mortgagor of a vehicle is entitled to possession of the 33
vehicle, the mortgagor. 34
41. 42. "Pedestrian" means any person afoot. A person who uses an 35
electric personal assistive mobility device or a manual or motorized 36
wheelchair is considered a pedestrian unless the manual wheelchair qualifies 37
as a bicycle. For the purposes of this paragraph, "motorized wheelchair" 38
means a self-propelled wheelchair that is used by a person for mobility. 39
42. 43. "Power sweeper" means an implement, with or without motive 40
power, that is only incidentally operated or moved on a street or highway and 41
that is designed for the removal of debris, dirt, gravel, litter or sand 42
whether by broom, vacuum or regenerative air system from asphaltic concrete 43
or cement concrete surfaces, including parking lots, highways, streets and 44
43. 44. "Public transit" means the transportation of passengers on 1
scheduled routes by means of a conveyance on an individual passenger 2
fare-paying basis excluding transportation by a sight-seeing SIGHTSEEING bus, 3
school bus or taxi or a vehicle not operated on a scheduled route basis. 4
44. 45. "Reconstructed vehicle" means a vehicle that has been 5
assembled or constructed largely by means of essential parts, new or used, 6
derived from vehicles or makes of vehicles of various names, models and types 7
or that, if originally otherwise constructed, has been materially altered by 8
the removal of essential parts or by the addition or substitution of 9
essential parts, new or used, derived from other vehicles or makes of 10
vehicles. For the purposes of this paragraph, "essential parts" means 11
integral and body parts, the removal, alteration or substitution of which 12
will tend to conceal the identity or substantially alter the appearance of 13
the vehicle. 14
45. 46. "Residence district" means the territory contiguous to and 15
including a highway not comprising a business district if the property on the 16
highway for a distance of three hundred feet or more is in the main improved 17
with residences or residences and buildings in use for business. 18
46. 47. "Right-of-way" when used within the context of the regulation 19
of the movement of traffic on a highway means the privilege of the immediate 20
use of the highway. Right-of-way when used within the context of the real 21
property on which transportation facilities and appurtenances to the 22
facilities are constructed or maintained means the lands or interest in lands 23
within the right-of-way boundaries. 24
47. 48. "School bus" means a motor vehicle that is designed for 25
carrying more than ten passengers and that is either: 26
(a) Owned by any public or governmental agency or other institution 27
and operated for the transportation of children to or from home or school on 28
a regularly scheduled basis. 29
(b) Privately owned and operated for compensation for the 30
transportation of children to or from home or school on a regularly scheduled 31
basis. 32
48. 49. "Semitrailer" means a vehicle that is with or without motive 33
power, other than a pole trailer, that is designed for carrying persons or 34
property and for being drawn by a motor vehicle and that is constructed so 35
that some part of its weight and that of its load rests on or is carried by 36
another vehicle. For the purposes of this paragraph, "pole trailer" has the 37
same meaning prescribed in section 28-601. 38
49. 50. "State" means a state of the United States and the District 39
of Columbia. 40
50. 51. "State highway" means a state route or portion of a state 41
route that is accepted and designated by the board as a state highway and 42
51. 52. "State route" means a right-of-way whether actually used as a 1
highway or not that is designated by the board as a location for the 2
construction of a state highway. 3
52. 53. "Street" or "highway" means the entire width between the 4
boundary lines of every way if a part of the way is open to the use of the 5
public for purposes of vehicular travel. 6
53. 54. "Taxi" means a motor vehicle that has a seating capacity not 7
exceeding fifteen passengers, including the driver, that is registered as a 8
taxi in this state or any other state, that provides passenger services and 9
that: 10
(a) Does not primarily operate on a regular route or between specified 11
places. 12
(b) Offers local transportation for a fare determined on the basis of 13
the distance traveled or prearranged ground transportation service as defined 14
in section 28-141 for a predetermined fare. 15
54. 55. "Traffic survival school" means a school that offers 16
educational sessions to drivers who are required to attend and successfully 17
complete educational sessions pursuant to this title that are designed to 18
improve the safety and habits of drivers and that are approved by the 19
department. 20
55. 56. "Trailer" means a vehicle that is with or without motive 21
power, other than a pole trailer, that is designed for carrying persons or 22
property and for being drawn by a motor vehicle and that is constructed so 23
that no part of its weight rests on the towing vehicle. A semitrailer 24
equipped with an auxiliary front axle commonly known as a dolly is deemed to 25
be a trailer. For the purposes of this paragraph, "pole trailer" has the same 26
meaning prescribed in section 28-601. 27
57. "TRANSPORTATION NETWORK COMPANY" HAS THE SAME MEANING PRESCRIBED 28
IN SECTION 41-2138. 29
58. "TRANSPORTATION NETWORK SERVICE" HAS THE SAME MEANING PRESCRIBED 30
IN SECTION 41-2138. 31
59. "TRANSPORTATION NETWORK COMPANY VEHICLE" HAS THE SAME MEANING 32
PRESCRIBED IN SECTION 41-2138. 33
56. 60. "Truck" means a motor vehicle designed or used primarily for 34
the carrying of property other than the effects of the driver or passengers 35
and includes a motor vehicle to which has been added a box, a platform or 36
other equipment for such carrying. 37
57. 61. "Truck tractor" means a motor vehicle that is designed and 38
used primarily for drawing other vehicles and that is not constructed to 39
carry a load other than a part of the weight of the vehicle and load drawn. 40
58. 62. "Vehicle" means a device in, on or by which a person or 41
property is or may be transported or drawn on a public highway, excluding 42
devices moved by human power or used exclusively on stationary rails or 43
59. 63. "Vehicle transporter" means either: 1
(a) A truck tractor capable of carrying a load and drawing a 2
semitrailer. 3
(b) A truck tractor with a stinger-steered fifth wheel capable of 4
carrying a load and drawing a semitrailer or a truck tractor with a dolly 5
mounted fifth wheel that is securely fastened to the truck tractor at two or 6
more points and that is capable of carrying a load and drawing a semitrailer. 7
Sec. 3. Section 28-142, Arizona Revised Statutes, is amended to read: 8
28-142. Livery vehicle, taxi, transportation network company 9
vehicle, transportation network company and limousine 10
regulation; state preemption 11
The regulation and use of livery vehicles, taxis, TRANSPORTATION 12
NETWORK COMPANY VEHICLES, TRANSPORTATION NETWORK COMPANIES and limousines are 13
of statewide concern. Livery vehicles, taxis, TRANSPORTATION NETWORK COMPANY 14
VEHICLES and limousines and their use AND TRANSPORTATION NETWORK COMPANIES 15
that are regulated pursuant to this title are not subject to further 16
regulation by a county, city, town or other political subdivision of this 17
state, except that a public airport operator that operates a public airport 18
pursuant to section 28-8421, 28-8423 or 28-8424 or a public body operating a 19
public airport may establish the number of livery vehicles, taxis, 20
TRANSPORTATION NETWORK COMPANY VEHICLES, TRANSPORTATION NETWORK COMPANIES or 21
limousines that may conduct business at a public airport or may set 22
additional or more restrictive requirements for the conduct of that business 23
at a public airport. 24
Sec. 4. Section 28-2164, Arizona Revised Statutes, is amended to read: 25
28-2164. Reregistration on becoming liable for weight fee; 26
exceptions 27
A. On using or offering to use a registered vehicle for transportation 28
of passengers for compensation or on altering or reconstructing it for the 29
transportation of property, whether or not the weight fee has been paid, the 30
owner shall immediately: 31
1. Surrender to the department the certificate of title and 32
registration card to and the license plate assigned to the vehicle. 33
2. Apply for a corrected certificate of title. 34
3. Obtain a new registration, and an additional fee, other than the 35
weight fee, is not required. 36
B. SUBSECTION A OF THIS SECTION DOES NOT APPLY TO TRANSPORTATION 37
NETWORK COMPANIES, TRANSPORTATION NETWORK COMPANY DRIVERS OR TRANSPORTATION 38
NETWORK COMPANY VEHICLES. 39
Sec. 5. Section 28-4009, Arizona Revised Statutes, is amended to read: 40
28-4009. Motor vehicle liability policy requirements 41
A. An owner's motor vehicle liability policy shall comply with the 42
following: 43
1. The policy shall designate by explicit description or by 44
coverage is provided for a fleet of seven or more motor vehicles, the maximum 1
payable for any one accident is the limit of liability stated in the policy. 2
There is no accumulation of coverage for each separate vehicle covered. 3
2. The policy shall insure the person named in the policy as the 4
insured and any other person, as insured, using the motor vehicle or motor 5
vehicles with the express or implied permission of the named insured against 6
loss from the liability imposed by law for damages arising out of the 7
ownership, maintenance or use of the motor vehicle or motor vehicles within 8
the United States or the Dominion of Canada, subject to limits exclusive of 9
interest and costs, for each motor vehicle as follows: 10
(a) Fifteen thousand dollars because of bodily injury to or death of 11
one person in any one accident. 12
(b) Subject to the limit for one person, thirty thousand dollars 13
because of bodily injury to or death of two or more persons in any one 14
accident. 15
(c) Ten thousand dollars because of injury to or destruction of 16
property of others in any one accident. 17
3. By agreement in writing between a named insured and the insurer the 18
policy may exclude as insured a person or persons designated by name when 19
operating a motor vehicle. The written agreement between the named insured 20
and insurer is effective for each renewal of the policy by the insurer and 21
remains in effect until the insurer agrees in writing to provide coverage for 22
the person or persons who were previously excluded from coverage. 23
B. An operator's motor vehicle liability policy shall insure the 24
person named as insured in the policy against loss from the liability imposed 25
on the person by law for damages arising out of the use by the person of a 26
motor vehicle not owned by the person, within the same territorial limits and 27
subject to the same limits of liability provided in subsection A of this 28
section for an owner's motor vehicle liability policy. 29
C. A motor vehicle liability policy: 30
1. Shall state the name and address of the named insured, the coverage 31
afforded by the policy, the premium charged for the policy, the complete 32
vehicle identification number of all vehicles covered by the policy, the 33
policy period and the limits of liability. 34
2. Shall contain an agreement or be endorsed that insurance is 35
provided under the policy in accordance with the coverage defined in this 36
chapter for bodily injury and death or property damage, or both. 37
3. Is subject to all of the provisions of this chapter. 38
4. Is not required to insure liability either: 39
(a) Under any workers' compensation law. 40
(b) On account of bodily injury to or death of an employee of the 41
insured while engaged in the employment, other than domestic, of the insured 42
or while engaged in the operation, maintenance or repair of the motor 43
(c) For damage to property owned by, rented to, in charge of or 1
transported by the insured. 2
(d) For damage to property or bodily injury caused intentionally by or 3
at the direction of the insured. 4
(e) FROM AND AFTER FEBRUARY 29, 2016, FOR A PRIVATE PASSENGER MOTOR 5
VEHICLE USED WHILE A TRANSPORTATION NETWORK COMPANY DRIVER IS LOGGED IN TO A 6
TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK OR SOFTWARE APPLICATION TO 7
BE A DRIVER OR IS PROVIDING TRANSPORTATION NETWORK SERVICES UNLESS EXPRESSLY 8
AUTHORIZED BY THE TERMS OF THE MOTOR VEHICLE LIABILITY INSURANCE POLICY OR AN 9
ENDORSEMENT OR AMENDMENT TO THE POLICY. 10
5. Is subject to the following provisions that are not required to be 11
in the policy: 12
(a) The liability of the insurance carrier with respect to the 13
insurance required by this chapter becomes absolute when injury or damage 14
covered by the motor vehicle liability policy occurs. The policy may not be 15
cancelled or annulled as to that liability by an agreement between the 16
insurance carrier and the insured after the occurrence of the injury or 17
damage, and a statement made by the insured or someone on the insured's 18
behalf or a violation of the policy shall not defeat or void the policy. 19
(b) The satisfaction by the insured of a judgment for the injury or 20
damage is not a condition precedent to the right or duty of the insurance 21
carrier to make payment on account of the injury or damage. 22
(c) The insurance carrier may settle any claim covered by the policy, 23
and if the settlement is made in good faith, the amount of the claim is 24
deductible from the limits of liability specified in subsection A, paragraph 25
2 of this section. 26
(d) The policy, the written application for the policy, if any, and 27
any rider or endorsement that does not conflict with this chapter constitute 28
the entire contract between the parties. 29
6. May provide that the insured shall reimburse the insurance carrier 30
for any payment the insurance carrier would not have been obligated to make 31
under the terms of the policy except for this chapter. 32
7. May provide for the prorating of the insurance under the policy 33
with other valid and collectible insurance. 34
D. A policy that grants the coverage required for a motor vehicle 35
liability policy may also grant lawful coverage in excess of or in addition 36
to the coverage specified for a motor vehicle liability policy, and the 37
excess or additional coverage is not subject to this chapter. With respect 38
to a policy that grants the excess or additional coverage, the term "motor 39
vehicle liability policy" applies only to that part of the coverage that is 40
required by this section. 41
E. The requirements for a motor vehicle liability policy may be 42
fulfilled by the policies of one or more insurance carriers that together 43
F. A binder issued pending the issuance of a motor vehicle liability 1
policy fulfills the requirements for the policy. 2
Sec. 6. Heading change 3
The article heading of title 28, chapter 9, article 2, Arizona Revised 4
Statutes, is changed from "MOTOR CARRIER FINANCIAL RESPONSIBILITY" to 5
"TRANSPORTATION FINANCIAL RESPONSIBILITY". 6
Sec. 7. Section 28-4033, Arizona Revised Statutes, is amended to read: 7
28-4033. Financial responsibility requirements 8
A. A person THAT IS subject to the requirements of this article shall 9
maintain motor vehicle combined single limit liability insurance as follows: 10
1. For the transportation of nonhazardous property: 11
(a) For a vehicle with a gross vehicle weight of more than twenty-six 12
thousand pounds, minimum coverage in the amount of seven hundred fifty 13
thousand dollars. 14
(b) For a vehicle with a gross vehicle weight of twenty thousand one 15
pounds to twenty-six thousand pounds, minimum coverage in the amount of three 16
hundred thousand dollars. 17
2. For the transportation of passengers: 18
(a) In a vehicle with a seating capacity of sixteen passengers or 19
more, minimum coverage in the amount of five million dollars and uninsured 20
motorist coverage in the amount of at least three hundred thousand dollars. 21
(b) In a vehicle with a seating capacity of less than sixteen 22
passengers including the driver, but more than eight passengers including the 23
driver, minimum coverage in the amount of seven hundred fifty thousand 24
dollars and uninsured motorist coverage in the amount of at least three 25
hundred thousand dollars. 26
(c) In a vehicle with a seating capacity of not more than eight 27
passengers including the driver, a policy containing ONE OF THE FOLLOWING: 28
(i) Minimum coverage in the amount of three TWO hundred FIFTY thousand 29
dollars and uninsured motorist coverage in the amount of at least three TWO 30
hundred FIFTY thousand dollars issued by an insurer that holds a valid 31
certificate of authority or that is permitted to transact surplus lines 32
insurance in this state. 33
(ii) MINIMUM COVERAGE AS PRESCRIBED BY SECTION 28-4038 OR 28-4039, AS 34
APPLICABLE. 35
3. For the transportation of hazardous materials, hazardous substances 36
or hazardous wastes: 37
(a) Minimum coverage in the amount of five million dollars for the 38
transportation of: 39
(i) Hazardous substances, as defined in 49 Code of Federal Regulations 40
part 171, transported in a cargo tank, portable tank or hopper-type vehicle 41
with capacities in excess of three thousand five hundred water gallons. 42
(ii) Any quantity of class A or B explosives. 43
(iv) Liquefied compressed gas or compressed gas transported in a cargo 1
tank, portable tank or hopper-type vehicle with capacities in excess of three 2
thousand five hundred water gallons. 3
(v) The quantity of radioactive materials that requires specialized 4
handling and transportation controls as indicated in 49 Code of Federal 5
Regulations part 173. 6
(b) Minimum coverage in the amount of one million dollars for the 7
transportation of the following: 8
(i) Any quantity of oil listed in 49 Code of Federal Regulations 9
part 172. 10
(ii) Any quantity of hazardous wastes, hazardous materials or 11
hazardous substances as defined and listed in 49 Code of Federal Regulations 12
part 171 and in 49 Code of Federal Regulations part 172 but not included in 13
subdivision (a) of this paragraph. 14
B. If a motor vehicle is leased or rented, the lessor shall ensure 15
that the lessee is covered under the lessor's liability insurance as provided 16
by this section or the lessor shall require that the lessee meet the 17
financial responsibility requirements of this section. In the case of taxis, 18
livery vehicles or limousines, a person who is listed on the department's 19
records as the owner shall comply with the financial responsibility 20
requirements of this article and article 4 of this chapter. 21
C. If a lessee uses the motor vehicle for a purpose that is required 22
under this section to have a higher amount of financial responsibility than 23
was required of the lessor or renter, the lessee shall maintain the higher 24
financial responsibility requirements of this section. 25
D. The uninsured motorist coverage required by this section is not 26
required until June 1, 1987 and may be provided by a self-insurance program 27
authorized under section 28-4007. A person who is under contract with this 28
state or a political subdivision of this state, who operates a motor vehicle 29
owned by this state or a political subdivision of this state and who is 30
included in the self-insurance program of this state or a political 31
subdivision of this state is exempt from the uninsured motorist requirements 32
of this section. 33
Sec. 8. Title 28, chapter 9, article 2, Arizona Revised Statutes, is 34
amended by adding sections 28-4038 and 28-4039, to read: 35
28-4038. Transportation network services; financial 36
responsibility requirements; survey 37
A. FOR A TRANSPORTATION NETWORK COMPANY THAT REQUIRES A TRANSPORTATION 38
NETWORK COMPANY DRIVER TO ACCEPT RIDES THAT ARE BOOKED AND PAID FOR 39
EXCLUSIVELY THROUGH THE TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK OR 40
SOFTWARE APPLICATION AND DURING THE TIME IN WHICH THE TRANSPORTATION NETWORK 41
COMPANY DRIVER IS LOGGED IN TO THE TRANSPORTATION NETWORK COMPANY'S DIGITAL 42
NETWORK OR SOFTWARE APPLICATION TO BE A DRIVER, BUT IS NOT IN THE ACT OF 43
PROVIDING TRANSPORTATION NETWORK SERVICES, THE FOLLOWING INSURANCE COVERAGE 44