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| 50 | 51 | | An Act |
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| 54 | 55 | | amending sections 28-101, 28-661, 28-662, 28-663, 28-664, 28-665, 28-666, 28-815 and 28-966, Arizona Revised Statutes; relating to neighborhood electric vehicles. |
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| 60 | 61 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 64 | 65 | | 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 selection of 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. "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. 39. "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. 40. "Implement of husbandry" means a vehicle that is designed primarily for agricultural purposes and that is used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self-propelled or otherwise that meets both of the following conditions: (a) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains and other farm crops. (b) Is only incidentally operated or moved on a highway whether as a trailer or 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. 41. "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. 42. "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. 43. "Local authority" means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state. 44. "Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers. 45. "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. 46. "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. 47. "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. 48. "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. 49. "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 federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively. 50. "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. 51. "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. 52. "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 federal motor vehicle safety standard 500 and 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. 53. "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 federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively. 54. "nEIGHBORHOOD OCCUPANTLESS ELECTRIC VEHICLE" MEANS A NEIGHBORHOOD ELECTRIC VEHICLE THAT IS NOT DESIGNED, INTENDED OR MARKETED FOR HUMAN OCCUPANCY. 54. 55. "Nonresident" means a person who is not a resident of this state as defined in section 28-2001. 55. 56. "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. 56. 57. "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. 57. 58. "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. 58. 59. "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. 59. 60. "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. 60. 61. "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. 61. 62. "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. 62. 63. "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. 63. 64. "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. 64. 65. "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. 65. 66. "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. 66. 67. "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. 67. 68. "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. 68. 69. "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. 69. 70. "Scrap metal dealer" has the same meaning prescribed in section 44-1641. 70. 71. "Scrap vehicle" has the same meaning prescribed in section 44-1641. 71. 72. "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. 72. 73. "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. 73. 74. "State" means a state of the United States and the District of Columbia. 74. 75. "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. 75. 76. "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. 76. 77. "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. 77. 78. "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. 78. 79. "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. 79. 80. "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. 80. 81. "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. 81. 82. "Transportation network company" has the same meaning prescribed in section 28-9551. 82. 83. "Transportation network company vehicle" has the same meaning prescribed in section 28-9551. 83. 84. "Transportation network service" has the same meaning prescribed in section 28-9551. 84. 85. "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. 85. 86. "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. 86. 87. "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. 87. 88. "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 28-661, Arizona Revised Statutes, is amended to read: START_STATUTE28-661. Accidents involving death or physical injuries; autonomous vehicles; neighborhood occupantless electric vehicles; failure to stop; violation; classification; driver license revocation; restricted privilege to drive; alcohol or other drug screening A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall: 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene. 2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663. B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle stops at the scene of the accident or as close to the accident scene as possible and remains stopped at that location until the requirements of section 28-663 have been satisfied. C. A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony. D. A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 5 felony. E. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident. F. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section as follows: 1. For an accident resulting in serious physical injury, five years, not including any time that the person is incarcerated. 2. For an accident resulting in death, ten years, not including any time that the person is incarcerated. G. Five or more years after the revocation period has begun pursuant to subsection F, paragraph 2 of this section, not including any time that the person is incarcerated, a person may apply to the department for a restricted privilege to drive. The department may issue a restricted privilege to drive as described in section 28-144 if the department finds both of the following: 1. The person is not convicted of any offense involving the operation of a motor vehicle while the person's driving privilege is revoked. 2. The person has paid full restitution as ordered by the court. H. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection D of this section for three years. I. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening.END_STATUTE Sec. 3. Section 28-662, Arizona Revised Statutes, is amended to read: START_STATUTE28-662. Accidents involving damage to vehicle; failure to stop; autonomous vehicle; neighborhood occupantless electric vehicle; violation; classification; driver license suspension; alcohol or other drug screening A. The driver of a vehicle involved in an accident on public or private property resulting only in damage to a vehicle that is driven or attended by a person shall: 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene. 2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663. 3. Make the stop without obstructing traffic more than is necessary. B. If the first vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle: 1. Immediately stops at the scene of the accident or as close to the accident scene as possible. 2. Remains stopped at or as close as possible to the scene until the requirements of section 28-663 have been satisfied. 3. Makes the stop without obstructing traffic more than necessary. C. A person failing to stop or comply with this section is guilty of a class 1 misdemeanor. D. A court may order the department to suspend the license or permit to drive and any nonresident operating privilege of a person convicted under this section for one year. If reasonable suspicion exists to believe that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the department may require the person to complete alcohol or other drug screening as a condition of license reinstatement.END_STATUTE Sec. 4. Section 28-663, Arizona Revised Statutes, is amended to read: START_STATUTE28-663. Duty to give information and assistance; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification; alcohol or other drug screening A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall: 1. Give the driver's name and address and the registration number of the vehicle the driver is driving. 2. On request, exhibit the person's driver license to the person struck or the driver or occupants of or person attending a vehicle collided with. 3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person. B. If the first vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if both: 1. The vehicle owner or a person on behalf of the vehicle owner promptly contacts a law enforcement agency to report the accident or if the fully autonomous vehicle or neighborhood occupantless electric vehicle alerts a law enforcement agency to the accident. 2. The vehicle owner, a person on behalf of the vehicle owner or, the fully autonomous vehicle or a neighborhood occupantless electric vehicle makes the owner's name and address and the registration number of the vehicle available to either: (a) A person struck by the vehicle. (b) The occupants of or a person attending a vehicle that is involved in the accident. C. A person who fails to comply with subsection A, paragraph 1 or 2 of this section is guilty of a class 1 misdemeanor. D. A person who fails to comply with subsection A, paragraph 3 of this section is guilty of a class 6 felony. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening.END_STATUTE Sec. 5. Section 28-664, Arizona Revised Statutes, is amended to read: START_STATUTE28-664. Duty on striking unattended vehicle; autonomous vehicle; neighborhood occupantless electric vehicle; violation; classification A. The driver of a vehicle that collides with a vehicle that is unattended on public or private property shall immediately: 1. Stop. 2. Either: (a) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle. (b) In a conspicuous place in the vehicle struck, leave a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking. B. If the first vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle immediately stops and the vehicle owner or a person on behalf of the vehicle owner provides the notice prescribed in subsection A, paragraph 2 of this section. C. A person who violates this section is guilty of a class 1 misdemeanor.END_STATUTE Sec. 6. Section 28-665, Arizona Revised Statutes, is amended to read: START_STATUTE28-665. Striking fixtures on a highway; autonomous vehicle; neighborhood occupantless electric vehicle; violation; classification A. The driver of a vehicle involved in an accident resulting only in damage to fixtures or other property legally on or adjacent to a highway shall: 1. Take reasonable steps to locate and notify the owner or person in charge of the property of: (a) The fact of the accident. (b) The driver's name and address. (c) The registration number of the vehicle the driver is driving. 2. On request, exhibit the driver's driver license. B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the vehicle owner or a person on behalf of the vehicle owner takes reasonable steps to notify the owner or person in charge of the property of all of the following: 1. The fact of the accident. 2. The vehicle owner's name and address. 3. The vehicle's registration number. C. A person who violates this section is guilty of a class 1 misdemeanor.END_STATUTE Sec. 7. Section 28-666, Arizona Revised Statutes, is amended to read: START_STATUTE28-666. Notice of vehicle accident; autonomous vehicle; neighborhood occupantless electric vehicle A. The driver of a vehicle involved in an accident resulting in injury to or death of a person shall give notice of the accident immediately by the quickest means of communication, whether oral or written, to either: 1. The local police department if the accident occurs within a municipality. 2. The office of the county sheriff. 3. The nearest office of the highway patrol. B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the notice described in this section may be provided by the vehicle owner or a person on behalf of the vehicle owner.END_STATUTE Sec. 8. Section 28-815, Arizona Revised Statutes, is amended to read: START_STATUTE28-815. Riding on roadway and bicycle path; bicycle path usage A. A person riding a bicycle on a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations: 1. If overtaking and passing another bicycle or vehicle proceeding in the same direction. 2. If preparing for a left turn at an intersection or into a private road or driveway. 3. If reasonably necessary to avoid conditions, including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals or surface hazards. 4. If the lane in which the person is operating the bicycle is too narrow for a bicycle and a vehicle to travel safely side by side within the lane. B. Persons riding bicycles on a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. C. A path or lane that is designated as a bicycle path or lane by state or local authorities is for the exclusive use of bicycles even though other uses are permitted pursuant to subsection D of this section or are otherwise permitted allowed by state or local authorities. D. A person shall not operate, stop, park or leave standing a vehicle, including a neighborhood occupantless electric vehicle, in a path or lane designated as a bicycle path or lane by a state or local authority except in the case of emergency or for crossing the path or lane to gain access to a public or private road or driveway. E. Subsection D of this section does not prohibit the use of the path or lane by the appropriate local authority. END_STATUTE Sec. 9. Section 28-966, Arizona Revised Statutes, is amended to read: START_STATUTE28-966. Neighborhood electric vehicles; neighborhood electric shuttles; motorized quadricycles; speed; restrictions; exception; neighborhood occupantless electric vehicle; definition A. A neighborhood electric vehicle and a neighborhood electric shuttle shall not be operated at a speed of more than twenty-five miles per hour. A motorized quadricycle shall not be operated at a speed of more than fifteen miles per hour. B. A neighborhood electric vehicle, a neighborhood electric shuttle and a motorized quadricycle shall not be driven on a highway that has a posted speed limit of more than thirty-five miles per hour. This subsection does not prohibit a neighborhood electric vehicle, a neighborhood electric shuttle or a motorized quadricycle from crossing a highway that has a posted speed limit of more than thirty-five miles per hour at an intersection. C. A neighborhood electric vehicle, a neighborhood electric shuttle and a motorized quadricycle shall have a notice of the operational restrictions applying to the vehicle permanently attached to or painted on the vehicle in a location that is in clear view of the driver. This subsection does not apply to a fully autonomous vehicle that is incapable of operation by a human driver. D. Notwithstanding subsection B of this section, a neighborhood occupantless electric vehicle may be operated on a highway that has a posted speed limit of forty-five miles per hour or less. This subsection does not prohibit a neighborhood occupantless electric vehicle from crossing a highway that has a posted speed limit of more than forty-five miles per hour at an intersection. E. When operating on a highway with a posted speed limit of more than thirty-five miles per hour but not exceeding forty-five miles per hour, a neighborhood occupantless electric vehicle is subject to the following restrictions: 1. The neighborhood occupantless electric vehicle must be operated in the right-hand travel lane or as close as practicable to the right-hand curb or edge of the highway, except when preparing for a left turn. 2. On a highway with two travel lanes, the neighborhood occupantless electric vehicle must turn off the roadway to a controlled stop as soon as practicable and when it is safe to do so to allow faster moving vehicles to pass when passing is unsafe because of traffic in the opposite direction or other conditions and there are five or more vehicles immediately behind the neighborhood occupantless electric vehicle. 3. The neighborhood occupantless electric vehicle must display a slow-moving vehicle sign that: (a) Has a reflective surface that is designed to be clearly visible in daylight and at night from the light of standard automobile headlamps at a distance of at least five hundred feet. (b) Is mounted base down on the rear of the vehicle at a height that does not impair the visibility of the sign. (c) Is maintained in a clean and reflective condition. 4. The neighborhood occupantless electric vehicle may not be operated on a highway in which the director or local authorities within their respective jurisdictions have determined and declared, pursuant to section 28-704, subsection B, a minimum speed limit of more than twenty-five miles per hour. This paragraph does not prohibit a neighborhood occupantless electric vehicle from crossing such a highway at an intersection. 5. The neighborhood occupantless electric vehicle may not be operated on A roadway within the boundaries of A public airport terminal and may not be operated at a public airport without express permission of the public airport owner. 6. The neighborhood occupantless electric vehicle may not transport hazardous materials that are regulated under the hazardous materials transportation authorization act of 1994 (P.L. 103-311; 108 Stat. 1673; 49 united states code sections 5101 through 5128) and that must be placarded under 49 code of federal regulations sections 172.500 through 172.560. F. Neighborhood occupantless electric vehicles are subject to the requirements of chapter 32 of this title. G. For the purposes of this section, "highway" means a street or roadway. END_STATUTE |
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| 65 | 66 | | |
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| 66 | 67 | | Be it enacted by the Legislature of the State of Arizona: |
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| 67 | 68 | | |
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| 68 | 69 | | Section 1. Section 28-101, Arizona Revised Statutes, is amended to read: |
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| 69 | 70 | | |
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| 70 | 71 | | START_STATUTE28-101. Definitions |
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| 71 | 72 | | |
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| 72 | 73 | | In this title, unless the context otherwise requires: |
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| 73 | 74 | | |
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| 74 | 75 | | 1. "Alcohol" means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol. |
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| 75 | 76 | | |
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| 76 | 77 | | 2. "Alcohol concentration" if expressed as a percentage means either: |
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| 77 | 78 | | |
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| 78 | 79 | | (a) The number of grams of alcohol per one hundred milliliters of blood. |
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| 79 | 80 | | |
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| 80 | 81 | | (b) The number of grams of alcohol per two hundred ten liters of breath. |
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| 81 | 82 | | |
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| 82 | 83 | | 3. "All-terrain vehicle" means either of the following: |
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| 83 | 84 | | |
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| 84 | 85 | | (a) A motor vehicle that satisfies all of the following: |
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| 85 | 86 | | |
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| 86 | 87 | | (i) Is designed primarily for recreational nonhighway all-terrain travel. |
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| 87 | 88 | | |
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| 88 | 89 | | (ii) Is fifty or fewer inches in width. |
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| 89 | 90 | | |
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| 90 | 91 | | (iii) Has an unladen weight of one thousand two hundred pounds or less. |
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| 91 | 92 | | |
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| 92 | 93 | | (iv) Travels on three or more nonhighway tires. |
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| 93 | 94 | | |
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| 94 | 95 | | (v) Is operated on a public highway. |
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| 95 | 96 | | |
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| 96 | 97 | | (b) A recreational off-highway vehicle that satisfies all of the following: |
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| 97 | 98 | | |
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| 98 | 99 | | (i) Is designed primarily for recreational nonhighway all-terrain travel. |
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| 99 | 100 | | |
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| 100 | 101 | | (ii) Is eighty or fewer inches in width. |
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| 101 | 102 | | |
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| 102 | 103 | | (iii) Has an unladen weight of two thousand five hundred pounds or less. |
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| 103 | 104 | | |
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| 104 | 105 | | (iv) Travels on four or more nonhighway tires. |
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| 105 | 106 | | |
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| 106 | 107 | | (v) Has a steering wheel for steering control. |
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| 107 | 108 | | |
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| 108 | 109 | | (vi) Has a rollover protective structure. |
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| 109 | 110 | | |
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| 110 | 111 | | (vii) Has an occupant retention system. |
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| 111 | 112 | | |
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| 112 | 113 | | 4. "Authorized emergency vehicle" means any of the following: |
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| 113 | 114 | | |
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| 114 | 115 | | (a) A fire department vehicle. |
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| 115 | 116 | | |
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| 116 | 117 | | (b) A police vehicle. |
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| 117 | 118 | | |
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| 118 | 119 | | (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. |
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| 119 | 120 | | |
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| 120 | 121 | | (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. |
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| 121 | 122 | | |
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| 122 | 123 | | 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. |
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| 123 | 124 | | |
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| 124 | 125 | | 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. |
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| 125 | 126 | | |
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| 126 | 127 | | 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. |
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| 127 | 128 | | |
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| 128 | 129 | | 8. "Autonomous vehicle" means a motor vehicle that is equipped with an automated driving system. |
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| 129 | 130 | | |
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| 130 | 131 | | 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. |
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| 131 | 132 | | |
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| 132 | 133 | | 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: |
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| 133 | 134 | | |
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| 134 | 135 | | (a) Two tandem wheels, either of which is more than sixteen inches in diameter. |
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| 135 | 136 | | |
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| 136 | 137 | | (b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter. |
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| 137 | 138 | | |
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| 138 | 139 | | 11. "Board" means the transportation board. |
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| 139 | 140 | | |
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| 140 | 141 | | 12. "Bus" means a motor vehicle designed for carrying sixteen or more passengers, including the driver. |
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| 141 | 142 | | |
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| 142 | 143 | | 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. |
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| 143 | 144 | | |
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| 144 | 145 | | 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. |
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| 145 | 146 | | |
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| 146 | 147 | | 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. |
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| 147 | 148 | | |
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| 148 | 149 | | 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. |
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| 149 | 150 | | |
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| 150 | 151 | | 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. |
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| 151 | 152 | | |
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| 152 | 153 | | 18. "Conviction" means: |
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| 153 | 154 | | |
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| 154 | 155 | | (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. |
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| 155 | 156 | | |
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| 156 | 157 | | (b) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court. |
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| 157 | 158 | | |
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| 158 | 159 | | (c) A plea of guilty or no contest accepted by the court. |
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| 159 | 160 | | |
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| 160 | 161 | | (d) The payment of a fine or court costs. |
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| 161 | 162 | | |
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| 162 | 163 | | 19. "County highway" means a public road that is constructed and maintained by a county. |
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| 163 | 164 | | |
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| 164 | 165 | | 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. |
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| 165 | 166 | | |
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| 166 | 167 | | 21. "Department" means the department of transportation acting directly or through its duly authorized officers and agents. |
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| 167 | 168 | | |
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| 168 | 169 | | 22. "Digital network or software application" has the same meaning prescribed in section 28-9551. |
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| 169 | 170 | | |
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| 170 | 171 | | 23. "Director" means the director of the department of transportation. |
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| 171 | 172 | | |
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| 172 | 173 | | 24. "Drive" means to operate or be in actual physical control of a motor vehicle. |
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| 173 | 174 | | |
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| 174 | 175 | | 25. "Driver" means a person who drives or is in actual physical control of a vehicle. |
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| 175 | 176 | | |
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| 176 | 177 | | 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. |
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| 177 | 178 | | |
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| 178 | 179 | | 27. "Dynamic driving task": |
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| 179 | 180 | | |
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| 180 | 181 | | (a) Means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic. |
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| 181 | 182 | | |
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| 182 | 183 | | (b) Includes: |
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| 183 | 184 | | |
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| 184 | 185 | | (i) Lateral vehicle motion control by steering. |
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| 185 | 186 | | |
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| 186 | 187 | | (ii) Longitudinal motion control by acceleration and deceleration. |
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| 187 | 188 | | |
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| 188 | 189 | | (iii) Monitoring the driving environment by object and event detection, recognition, classification and response preparation. |
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| 189 | 190 | | |
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| 190 | 191 | | (iv) Object and event response execution. |
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| 191 | 192 | | |
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| 192 | 193 | | (v) Maneuver planning. |
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| 193 | 194 | | |
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| 194 | 195 | | (vi) Enhancing conspicuity by lighting, signaling and gesturing. |
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| 195 | 196 | | |
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| 196 | 197 | | (c) Does not include strategic functions such as trip scheduling and selection of selecting destinations and waypoints. |
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| 197 | 198 | | |
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| 198 | 199 | | 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: |
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| 199 | 200 | | |
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| 200 | 201 | | (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. |
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| 201 | 202 | | |
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| 202 | 203 | | (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. |
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| 203 | 204 | | |
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| 204 | 205 | | (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. |
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| 205 | 206 | | |
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| 206 | 207 | | 29. "Electric miniature scooter" means a device that: |
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| 207 | 208 | | |
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| 208 | 209 | | (a) Weighs less than thirty pounds. |
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| 209 | 210 | | |
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| 210 | 211 | | (b) Has two or three wheels. |
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| 211 | 212 | | |
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| 212 | 213 | | (c) Has handlebars. |
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| 213 | 214 | | |
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| 214 | 215 | | (d) Has a floorboard on which a person may stand while riding. |
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| 215 | 216 | | |
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| 216 | 217 | | (e) Is powered by an electric motor or human power, or both. |
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| 217 | 218 | | |
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| 218 | 219 | | (f) Has a maximum speed that does not exceed ten miles per hour, with or without human propulsion, on a paved level surface. |
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| 219 | 220 | | |
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| 220 | 221 | | 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. |
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| 221 | 222 | | |
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| 222 | 223 | | 31. "Electric standup scooter": |
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| 223 | 224 | | |
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| 224 | 225 | | (a) Means a device that: |
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| 225 | 226 | | |
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| 226 | 227 | | (i) Weighs less than seventy-five pounds. |
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| 227 | 228 | | |
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| 228 | 229 | | (ii) Has two or three wheels. |
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| 229 | 230 | | |
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| 230 | 231 | | (iii) Has handlebars. |
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| 231 | 232 | | |
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| 232 | 233 | | (iv) Has a floorboard on which a person may stand while riding. |
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| 233 | 234 | | |
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| 234 | 235 | | (v) Is powered by an electric motor or human power, or both. |
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| 235 | 236 | | |
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| 236 | 237 | | (vi) Has a maximum speed that does not exceed twenty miles per hour, with or without human propulsion, on a paved level surface. |
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| 237 | 238 | | |
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| 238 | 239 | | (b) Does not include an electric miniature scooter. |
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| 239 | 240 | | |
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| 240 | 241 | | 32. "Evidence" includes both of the following: |
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| 241 | 242 | | |
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| 242 | 243 | | (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. |
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| 243 | 244 | | |
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| 244 | 245 | | (b) An electronic or digital license plate authorized pursuant to section 28-364. |
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| 245 | 246 | | |
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| 246 | 247 | | 33. "Farm" means any lands primarily used for agriculture production. |
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| 247 | 248 | | |
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| 248 | 249 | | 34. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry. |
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| 249 | 250 | | |
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| 250 | 251 | | 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. |
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| 251 | 252 | | |
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| 252 | 253 | | 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: |
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| 253 | 254 | | |
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| 254 | 255 | | (a) Solely by use of the automated driving system. |
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| 255 | 256 | | |
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| 256 | 257 | | (b) By a human driver when the automated driving system is not engaged. |
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| 257 | 258 | | |
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| 258 | 259 | | 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. |
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| 259 | 260 | | |
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| 260 | 261 | | 38. "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. |
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| 261 | 262 | | |
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| 262 | 263 | | 39. "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. |
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| 263 | 264 | | |
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| 264 | 265 | | 40. "Implement of husbandry" means a vehicle that is designed primarily for agricultural purposes and that is used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self-propelled or otherwise that meets both of the following conditions: |
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| 265 | 266 | | |
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| 266 | 267 | | (a) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains and other farm crops. |
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| 267 | 268 | | |
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| 268 | 269 | | (b) Is only incidentally operated or moved on a highway whether as a trailer or 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. |
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| 269 | 270 | | |
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| 270 | 271 | | 41. "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. |
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| 271 | 272 | | |
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| 272 | 273 | | 42. "Livery vehicle" means a motor vehicle that: |
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| 273 | 274 | | |
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| 274 | 275 | | (a) Has a seating capacity not exceeding fifteen passengers including the driver. |
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| 275 | 276 | | |
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| 276 | 277 | | (b) Provides passenger services for a fare determined by a flat rate or flat hourly rate between geographic zones or within a geographic area. |
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| 277 | 278 | | |
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| 278 | 279 | | (c) Is available for hire on an exclusive or shared ride basis. |
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| 279 | 280 | | |
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| 280 | 281 | | (d) May do any of the following: |
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| 281 | 282 | | |
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| 282 | 283 | | (i) Operate on a regular route or between specified places. |
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| 283 | 284 | | |
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| 284 | 285 | | (ii) Offer prearranged ground transportation service as defined in section 28-141. |
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| 285 | 286 | | |
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| 286 | 287 | | (iii) Offer on demand ground transportation service pursuant to a contract with a public airport, licensed business entity or organization. |
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| 287 | 288 | | |
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| 288 | 289 | | 43. "Local authority" means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state. |
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| 289 | 290 | | |
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| 290 | 291 | | 44. "Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers. |
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| 291 | 292 | | |
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| 292 | 293 | | 45. "Minimal risk condition": |
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| 293 | 294 | | |
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| 294 | 295 | | (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. |
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| 295 | 296 | | |
|---|
| 296 | 297 | | (b) Includes bringing the vehicle to a complete stop. |
|---|
| 297 | 298 | | |
|---|
| 298 | 299 | | 46. "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. |
|---|
| 299 | 300 | | |
|---|
| 300 | 301 | | 47. "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. |
|---|
| 301 | 302 | | |
|---|
| 302 | 303 | | 48. "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. |
|---|
| 303 | 304 | | |
|---|
| 304 | 305 | | 49. "Motorized quadricycle" means a self-propelled motor vehicle to which all of the following apply: |
|---|
| 305 | 306 | | |
|---|
| 306 | 307 | | (a) The vehicle is self-propelled by an emission-free electric motor and may include pedals operated by the passengers. |
|---|
| 307 | 308 | | |
|---|
| 308 | 309 | | (b) The vehicle has at least four wheels in contact with the ground. |
|---|
| 309 | 310 | | |
|---|
| 310 | 311 | | (c) The vehicle seats at least eight passengers, including the driver. |
|---|
| 311 | 312 | | |
|---|
| 312 | 313 | | (d) The vehicle is operable on a flat surface using solely the electric motor without assistance from the pedals or passengers. |
|---|
| 313 | 314 | | |
|---|
| 314 | 315 | | (e) The vehicle is a commercial motor vehicle as defined in section 28-5201. |
|---|
| 315 | 316 | | |
|---|
| 316 | 317 | | (f) The vehicle is a limousine operating under a vehicle for hire company permit issued pursuant to section 28-9503. |
|---|
| 317 | 318 | | |
|---|
| 318 | 319 | | (g) The vehicle is manufactured by a motor vehicle manufacturer that is licensed pursuant to chapter 10 of this title. |
|---|
| 319 | 320 | | |
|---|
| 320 | 321 | | (h) The vehicle complies with the definition and standards for low-speed vehicles set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively. |
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| 321 | 322 | | |
|---|
| 322 | 323 | | 50. "Motor vehicle": |
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| 323 | 324 | | |
|---|
| 324 | 325 | | (a) Means either: |
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| 325 | 326 | | |
|---|
| 326 | 327 | | (i) A self-propelled vehicle. |
|---|
| 327 | 328 | | |
|---|
| 328 | 329 | | (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. |
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| 329 | 330 | | |
|---|
| 330 | 331 | | (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: |
|---|
| 331 | 332 | | |
|---|
| 332 | 333 | | (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. |
|---|
| 333 | 334 | | |
|---|
| 334 | 335 | | (ii) "Motorized wheelchair" means a self-propelled wheelchair that is used by a person for mobility. |
|---|
| 335 | 336 | | |
|---|
| 336 | 337 | | 51. "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. |
|---|
| 337 | 338 | | |
|---|
| 338 | 339 | | 52. "Neighborhood electric shuttle": |
|---|
| 339 | 340 | | |
|---|
| 340 | 341 | | (a) Means a self-propelled electrically powered motor vehicle to which all of the following apply: |
|---|
| 341 | 342 | | |
|---|
| 342 | 343 | | (i) The vehicle is emission free. |
|---|
| 343 | 344 | | |
|---|
| 344 | 345 | | (ii) The vehicle has at least four wheels in contact with the ground. |
|---|
| 345 | 346 | | |
|---|
| 346 | 347 | | (iii) The vehicle is capable of transporting at least eight passengers, including the driver. |
|---|
| 347 | 348 | | |
|---|
| 348 | 349 | | (iv) The vehicle is a commercial motor vehicle as defined in section 28-5201. |
|---|
| 349 | 350 | | |
|---|
| 350 | 351 | | (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. |
|---|
| 351 | 352 | | |
|---|
| 352 | 353 | | (vi) The vehicle complies with the definition and standards for low-speed vehicles set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively. |
|---|
| 353 | 354 | | |
|---|
| 354 | 355 | | (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. |
|---|
| 355 | 356 | | |
|---|
| 356 | 357 | | 53. "Neighborhood electric vehicle" means a self-propelled electrically powered motor vehicle to which all of the following apply: |
|---|
| 357 | 358 | | |
|---|
| 358 | 359 | | (a) The vehicle is emission free. |
|---|
| 359 | 360 | | |
|---|
| 360 | 361 | | (b) The vehicle has at least four wheels in contact with the ground. |
|---|
| 361 | 362 | | |
|---|
| 362 | 363 | | (c) The vehicle complies with the definition and standards for low-speed vehicles, UNLESS EXCEPTED OR EXEMPTED UNDER FEDERAL LAW, set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively. |
|---|
| 363 | 364 | | |
|---|
| 364 | 365 | | 54. "nEIGHBORHOOD OCCUPANTLESS ELECTRIC VEHICLE" MEANS A NEIGHBORHOOD ELECTRIC VEHICLE THAT IS NOT DESIGNED, INTENDED OR MARKETED FOR HUMAN OCCUPANCY. |
|---|
| 365 | 366 | | |
|---|
| 366 | 367 | | 54. 55. "Nonresident" means a person who is not a resident of this state as defined in section 28-2001. |
|---|
| 367 | 368 | | |
|---|
| 368 | 369 | | 55. 56. "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. |
|---|
| 369 | 370 | | |
|---|
| 370 | 371 | | 56. 57. "Operational design domain": |
|---|
| 371 | 372 | | |
|---|
| 372 | 373 | | (a) Means operating conditions under which a given automated driving system is specifically designed to function. |
|---|
| 373 | 374 | | |
|---|
| 374 | 375 | | (b) Includes roadway types, speed range, environmental conditions, such as weather or time of day, and other domain constraints. |
|---|
| 375 | 376 | | |
|---|
| 376 | 377 | | 57. 58. "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. |
|---|
| 377 | 378 | | |
|---|
| 378 | 379 | | 58. 59. "Owner" means: |
|---|
| 379 | 380 | | |
|---|
| 380 | 381 | | (a) A person who holds the legal title of a vehicle. |
|---|
| 381 | 382 | | |
|---|
| 382 | 383 | | (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. |
|---|
| 383 | 384 | | |
|---|
| 384 | 385 | | (c) If a mortgagor of a vehicle is entitled to possession of the vehicle, the mortgagor. |
|---|
| 385 | 386 | | |
|---|
| 386 | 387 | | 59. 60. "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. |
|---|
| 387 | 388 | | |
|---|
| 388 | 389 | | 60. 61. "Personal delivery device": |
|---|
| 389 | 390 | | |
|---|
| 390 | 391 | | (a) Means a device that is both of the following: |
|---|
| 391 | 392 | | |
|---|
| 392 | 393 | | (i) Manufactured for transporting cargo and goods in an area described in section 28-1225. |
|---|
| 393 | 394 | | |
|---|
| 394 | 395 | | (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. |
|---|
| 395 | 396 | | |
|---|
| 396 | 397 | | (b) Does not include a personal mobile cargo carrying device. |
|---|
| 397 | 398 | | |
|---|
| 398 | 399 | | 61. 62. "Personal mobile cargo carrying device" means an electronically powered device that: |
|---|
| 399 | 400 | | |
|---|
| 400 | 401 | | (a) Is operated primarily on sidewalks and within crosswalks and that is designed to transport property. |
|---|
| 401 | 402 | | |
|---|
| 402 | 403 | | (b) Weighs less than eighty pounds, excluding cargo. |
|---|
| 403 | 404 | | |
|---|
| 404 | 405 | | (c) Operates at a maximum speed of twelve miles per hour. |
|---|
| 405 | 406 | | |
|---|
| 406 | 407 | | (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. |
|---|
| 407 | 408 | | |
|---|
| 408 | 409 | | (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. |
|---|
| 409 | 410 | | |
|---|
| 410 | 411 | | 62. 63. "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. |
|---|
| 411 | 412 | | |
|---|
| 412 | 413 | | 63. 64. "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. |
|---|
| 413 | 414 | | |
|---|
| 414 | 415 | | 64. 65. "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. |
|---|
| 415 | 416 | | |
|---|
| 416 | 417 | | 65. 66. "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. |
|---|
| 417 | 418 | | |
|---|
| 418 | 419 | | 66. 67. "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. |
|---|
| 419 | 420 | | |
|---|
| 420 | 421 | | 67. 68. "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. |
|---|
| 421 | 422 | | |
|---|
| 422 | 423 | | 68. 69. "School bus" means a motor vehicle that is designed for carrying more than ten passengers and that is either: |
|---|
| 423 | 424 | | |
|---|
| 424 | 425 | | (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. |
|---|
| 425 | 426 | | |
|---|
| 426 | 427 | | (b) Privately owned and operated for compensation for the transportation of children to or from home or school on a regularly scheduled basis. |
|---|
| 427 | 428 | | |
|---|
| 428 | 429 | | 69. 70. "Scrap metal dealer" has the same meaning prescribed in section 44-1641. |
|---|
| 429 | 430 | | |
|---|
| 430 | 431 | | 70. 71. "Scrap vehicle" has the same meaning prescribed in section 44-1641. |
|---|
| 431 | 432 | | |
|---|
| 432 | 433 | | 71. 72. "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. |
|---|
| 433 | 434 | | |
|---|
| 434 | 435 | | 72. 73. "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. |
|---|
| 435 | 436 | | |
|---|
| 436 | 437 | | 73. 74. "State" means a state of the United States and the District of Columbia. |
|---|
| 437 | 438 | | |
|---|
| 438 | 439 | | 74. 75. "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. |
|---|
| 439 | 440 | | |
|---|
| 440 | 441 | | 75. 76. "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. |
|---|
| 441 | 442 | | |
|---|
| 442 | 443 | | 76. 77. "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. |
|---|
| 443 | 444 | | |
|---|
| 444 | 445 | | 77. 78. "Taxi" means a motor vehicle that has a seating capacity not exceeding fifteen passengers, including the driver, that provides passenger services and that: |
|---|
| 445 | 446 | | |
|---|
| 446 | 447 | | (a) Does not primarily operate on a regular route or between specified places. |
|---|
| 447 | 448 | | |
|---|
| 448 | 449 | | (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. |
|---|
| 449 | 450 | | |
|---|
| 450 | 451 | | 78. 79. "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. |
|---|
| 451 | 452 | | |
|---|
| 452 | 453 | | 79. 80. "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. |
|---|
| 453 | 454 | | |
|---|
| 454 | 455 | | 80. 81. "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. |
|---|
| 455 | 456 | | |
|---|
| 456 | 457 | | 81. 82. "Transportation network company" has the same meaning prescribed in section 28-9551. |
|---|
| 457 | 458 | | |
|---|
| 458 | 459 | | 82. 83. "Transportation network company vehicle" has the same meaning prescribed in section 28-9551. |
|---|
| 459 | 460 | | |
|---|
| 460 | 461 | | 83. 84. "Transportation network service" has the same meaning prescribed in section 28-9551. |
|---|
| 461 | 462 | | |
|---|
| 462 | 463 | | 84. 85. "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. |
|---|
| 463 | 464 | | |
|---|
| 464 | 465 | | 85. 86. "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. |
|---|
| 465 | 466 | | |
|---|
| 466 | 467 | | 86. 87. "Vehicle": |
|---|
| 467 | 468 | | |
|---|
| 468 | 469 | | (a) Means a device in, on or by which a person or property is or may be transported or drawn on a public highway. |
|---|
| 469 | 470 | | |
|---|
| 470 | 471 | | (b) Does not include: |
|---|
| 471 | 472 | | |
|---|
| 472 | 473 | | (i) Electric bicycles, electric miniature scooters, electric standup scooters and devices moved by human power. |
|---|
| 473 | 474 | | |
|---|
| 474 | 475 | | (ii) Devices used exclusively on stationary rails or tracks. |
|---|
| 475 | 476 | | |
|---|
| 476 | 477 | | (iii) Personal delivery devices. |
|---|
| 477 | 478 | | |
|---|
| 478 | 479 | | (iv) Scrap vehicles. |
|---|
| 479 | 480 | | |
|---|
| 480 | 481 | | (v) Personal mobile cargo carrying devices. |
|---|
| 481 | 482 | | |
|---|
| 482 | 483 | | 87. 88. "Vehicle transporter" means either: |
|---|
| 483 | 484 | | |
|---|
| 484 | 485 | | (a) A truck tractor capable of carrying a load and drawing a semitrailer. |
|---|
| 485 | 486 | | |
|---|
| 486 | 487 | | (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 |
|---|
| 487 | 488 | | |
|---|
| 488 | 489 | | Sec. 2. Section 28-661, Arizona Revised Statutes, is amended to read: |
|---|
| 489 | 490 | | |
|---|
| 490 | 491 | | START_STATUTE28-661. Accidents involving death or physical injuries; autonomous vehicles; neighborhood occupantless electric vehicles; failure to stop; violation; classification; driver license revocation; restricted privilege to drive; alcohol or other drug screening |
|---|
| 491 | 492 | | |
|---|
| 492 | 493 | | A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall: |
|---|
| 493 | 494 | | |
|---|
| 494 | 495 | | 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene. |
|---|
| 495 | 496 | | |
|---|
| 496 | 497 | | 2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663. |
|---|
| 497 | 498 | | |
|---|
| 498 | 499 | | B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle stops at the scene of the accident or as close to the accident scene as possible and remains stopped at that location until the requirements of section 28-663 have been satisfied. |
|---|
| 499 | 500 | | |
|---|
| 500 | 501 | | C. A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony. |
|---|
| 501 | 502 | | |
|---|
| 502 | 503 | | D. A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 5 felony. |
|---|
| 503 | 504 | | |
|---|
| 504 | 505 | | E. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident. |
|---|
| 505 | 506 | | |
|---|
| 506 | 507 | | F. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section as follows: |
|---|
| 507 | 508 | | |
|---|
| 508 | 509 | | 1. For an accident resulting in serious physical injury, five years, not including any time that the person is incarcerated. |
|---|
| 509 | 510 | | |
|---|
| 510 | 511 | | 2. For an accident resulting in death, ten years, not including any time that the person is incarcerated. |
|---|
| 511 | 512 | | |
|---|
| 512 | 513 | | G. Five or more years after the revocation period has begun pursuant to subsection F, paragraph 2 of this section, not including any time that the person is incarcerated, a person may apply to the department for a restricted privilege to drive. The department may issue a restricted privilege to drive as described in section 28-144 if the department finds both of the following: |
|---|
| 513 | 514 | | |
|---|
| 514 | 515 | | 1. The person is not convicted of any offense involving the operation of a motor vehicle while the person's driving privilege is revoked. |
|---|
| 515 | 516 | | |
|---|
| 516 | 517 | | 2. The person has paid full restitution as ordered by the court. |
|---|
| 517 | 518 | | |
|---|
| 518 | 519 | | H. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection D of this section for three years. |
|---|
| 519 | 520 | | |
|---|
| 520 | 521 | | I. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening.END_STATUTE |
|---|
| 521 | 522 | | |
|---|
| 522 | 523 | | Sec. 3. Section 28-662, Arizona Revised Statutes, is amended to read: |
|---|
| 523 | 524 | | |
|---|
| 524 | 525 | | START_STATUTE28-662. Accidents involving damage to vehicle; failure to stop; autonomous vehicle; neighborhood occupantless electric vehicle; violation; classification; driver license suspension; alcohol or other drug screening |
|---|
| 525 | 526 | | |
|---|
| 526 | 527 | | A. The driver of a vehicle involved in an accident on public or private property resulting only in damage to a vehicle that is driven or attended by a person shall: |
|---|
| 527 | 528 | | |
|---|
| 528 | 529 | | 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene. |
|---|
| 529 | 530 | | |
|---|
| 530 | 531 | | 2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663. |
|---|
| 531 | 532 | | |
|---|
| 532 | 533 | | 3. Make the stop without obstructing traffic more than is necessary. |
|---|
| 533 | 534 | | |
|---|
| 534 | 535 | | B. If the first vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle: |
|---|
| 535 | 536 | | |
|---|
| 536 | 537 | | 1. Immediately stops at the scene of the accident or as close to the accident scene as possible. |
|---|
| 537 | 538 | | |
|---|
| 538 | 539 | | 2. Remains stopped at or as close as possible to the scene until the requirements of section 28-663 have been satisfied. |
|---|
| 539 | 540 | | |
|---|
| 540 | 541 | | 3. Makes the stop without obstructing traffic more than necessary. |
|---|
| 541 | 542 | | |
|---|
| 542 | 543 | | C. A person failing to stop or comply with this section is guilty of a class 1 misdemeanor. |
|---|
| 543 | 544 | | |
|---|
| 544 | 545 | | D. A court may order the department to suspend the license or permit to drive and any nonresident operating privilege of a person convicted under this section for one year. If reasonable suspicion exists to believe that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the department may require the person to complete alcohol or other drug screening as a condition of license reinstatement.END_STATUTE |
|---|
| 545 | 546 | | |
|---|
| 546 | 547 | | Sec. 4. Section 28-663, Arizona Revised Statutes, is amended to read: |
|---|
| 547 | 548 | | |
|---|
| 548 | 549 | | START_STATUTE28-663. Duty to give information and assistance; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification; alcohol or other drug screening |
|---|
| 549 | 550 | | |
|---|
| 550 | 551 | | A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall: |
|---|
| 551 | 552 | | |
|---|
| 552 | 553 | | 1. Give the driver's name and address and the registration number of the vehicle the driver is driving. |
|---|
| 553 | 554 | | |
|---|
| 554 | 555 | | 2. On request, exhibit the person's driver license to the person struck or the driver or occupants of or person attending a vehicle collided with. |
|---|
| 555 | 556 | | |
|---|
| 556 | 557 | | 3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person. |
|---|
| 557 | 558 | | |
|---|
| 558 | 559 | | B. If the first vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if both: |
|---|
| 559 | 560 | | |
|---|
| 560 | 561 | | 1. The vehicle owner or a person on behalf of the vehicle owner promptly contacts a law enforcement agency to report the accident or if the fully autonomous vehicle or neighborhood occupantless electric vehicle alerts a law enforcement agency to the accident. |
|---|
| 561 | 562 | | |
|---|
| 562 | 563 | | 2. The vehicle owner, a person on behalf of the vehicle owner or, the fully autonomous vehicle or a neighborhood occupantless electric vehicle makes the owner's name and address and the registration number of the vehicle available to either: |
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| 563 | 564 | | |
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| 564 | 565 | | (a) A person struck by the vehicle. |
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| 565 | 566 | | |
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| 566 | 567 | | (b) The occupants of or a person attending a vehicle that is involved in the accident. |
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| 567 | 568 | | |
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| 568 | 569 | | C. A person who fails to comply with subsection A, paragraph 1 or 2 of this section is guilty of a class 1 misdemeanor. |
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| 569 | 570 | | |
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| 570 | 571 | | D. A person who fails to comply with subsection A, paragraph 3 of this section is guilty of a class 6 felony. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening.END_STATUTE |
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| 571 | 572 | | |
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| 572 | 573 | | Sec. 5. Section 28-664, Arizona Revised Statutes, is amended to read: |
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| 573 | 574 | | |
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| 574 | 575 | | START_STATUTE28-664. Duty on striking unattended vehicle; autonomous vehicle; neighborhood occupantless electric vehicle; violation; classification |
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| 575 | 576 | | |
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| 576 | 577 | | A. The driver of a vehicle that collides with a vehicle that is unattended on public or private property shall immediately: |
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| 577 | 578 | | |
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| 578 | 579 | | 1. Stop. |
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| 579 | 580 | | |
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| 580 | 581 | | 2. Either: |
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| 581 | 582 | | |
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| 582 | 583 | | (a) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle. |
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| 583 | 584 | | |
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| 584 | 585 | | (b) In a conspicuous place in the vehicle struck, leave a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking. |
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| 585 | 586 | | |
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| 586 | 587 | | B. If the first vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle immediately stops and the vehicle owner or a person on behalf of the vehicle owner provides the notice prescribed in subsection A, paragraph 2 of this section. |
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| 587 | 588 | | |
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| 588 | 589 | | C. A person who violates this section is guilty of a class 1 misdemeanor.END_STATUTE |
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| 589 | 590 | | |
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| 590 | 591 | | Sec. 6. Section 28-665, Arizona Revised Statutes, is amended to read: |
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| 591 | 592 | | |
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| 592 | 593 | | START_STATUTE28-665. Striking fixtures on a highway; autonomous vehicle; neighborhood occupantless electric vehicle; violation; classification |
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| 593 | 594 | | |
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| 594 | 595 | | A. The driver of a vehicle involved in an accident resulting only in damage to fixtures or other property legally on or adjacent to a highway shall: |
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| 595 | 596 | | |
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| 596 | 597 | | 1. Take reasonable steps to locate and notify the owner or person in charge of the property of: |
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| 597 | 598 | | |
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| 598 | 599 | | (a) The fact of the accident. |
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| 599 | 600 | | |
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| 600 | 601 | | (b) The driver's name and address. |
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| 601 | 602 | | |
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| 602 | 603 | | (c) The registration number of the vehicle the driver is driving. |
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| 603 | 604 | | |
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| 604 | 605 | | 2. On request, exhibit the driver's driver license. |
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| 605 | 606 | | |
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| 606 | 607 | | B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the vehicle owner or a person on behalf of the vehicle owner takes reasonable steps to notify the owner or person in charge of the property of all of the following: |
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| 607 | 608 | | |
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| 608 | 609 | | 1. The fact of the accident. |
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| 609 | 610 | | |
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| 610 | 611 | | 2. The vehicle owner's name and address. |
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| 611 | 612 | | |
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| 612 | 613 | | 3. The vehicle's registration number. |
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| 613 | 614 | | |
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| 614 | 615 | | C. A person who violates this section is guilty of a class 1 misdemeanor.END_STATUTE |
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| 615 | 616 | | |
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| 616 | 617 | | Sec. 7. Section 28-666, Arizona Revised Statutes, is amended to read: |
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| 617 | 618 | | |
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| 618 | 619 | | START_STATUTE28-666. Notice of vehicle accident; autonomous vehicle; neighborhood occupantless electric vehicle |
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| 619 | 620 | | |
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| 620 | 621 | | A. The driver of a vehicle involved in an accident resulting in injury to or death of a person shall give notice of the accident immediately by the quickest means of communication, whether oral or written, to either: |
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| 621 | 622 | | |
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| 622 | 623 | | 1. The local police department if the accident occurs within a municipality. |
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| 623 | 624 | | |
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| 624 | 625 | | 2. The office of the county sheriff. |
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| 625 | 626 | | |
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| 626 | 627 | | 3. The nearest office of the highway patrol. |
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| 627 | 628 | | |
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| 628 | 629 | | B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the notice described in this section may be provided by the vehicle owner or a person on behalf of the vehicle owner.END_STATUTE |
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| 629 | 630 | | |
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| 630 | 631 | | Sec. 8. Section 28-815, Arizona Revised Statutes, is amended to read: |
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| 631 | 632 | | |
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| 632 | 633 | | START_STATUTE28-815. Riding on roadway and bicycle path; bicycle path usage |
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| 633 | 634 | | |
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| 634 | 635 | | A. A person riding a bicycle on a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations: |
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| 635 | 636 | | |
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| 636 | 637 | | 1. If overtaking and passing another bicycle or vehicle proceeding in the same direction. |
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| 637 | 638 | | |
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| 638 | 639 | | 2. If preparing for a left turn at an intersection or into a private road or driveway. |
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| 639 | 640 | | |
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| 640 | 641 | | 3. If reasonably necessary to avoid conditions, including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals or surface hazards. |
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| 641 | 642 | | |
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| 642 | 643 | | 4. If the lane in which the person is operating the bicycle is too narrow for a bicycle and a vehicle to travel safely side by side within the lane. |
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| 643 | 644 | | |
|---|
| 644 | 645 | | B. Persons riding bicycles on a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. |
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| 645 | 646 | | |
|---|
| 646 | 647 | | C. A path or lane that is designated as a bicycle path or lane by state or local authorities is for the exclusive use of bicycles even though other uses are permitted pursuant to subsection D of this section or are otherwise permitted allowed by state or local authorities. |
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| 647 | 648 | | |
|---|
| 648 | 649 | | D. A person shall not operate, stop, park or leave standing a vehicle, including a neighborhood occupantless electric vehicle, in a path or lane designated as a bicycle path or lane by a state or local authority except in the case of emergency or for crossing the path or lane to gain access to a public or private road or driveway. |
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| 649 | 650 | | |
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| 650 | 651 | | E. Subsection D of this section does not prohibit the use of the path or lane by the appropriate local authority. END_STATUTE |
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| 651 | 652 | | |
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| 652 | 653 | | Sec. 9. Section 28-966, Arizona Revised Statutes, is amended to read: |
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| 653 | 654 | | |
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| 654 | 655 | | START_STATUTE28-966. Neighborhood electric vehicles; neighborhood electric shuttles; motorized quadricycles; speed; restrictions; exception; neighborhood occupantless electric vehicle; definition |
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| 655 | 656 | | |
|---|
| 656 | 657 | | A. A neighborhood electric vehicle and a neighborhood electric shuttle shall not be operated at a speed of more than twenty-five miles per hour. A motorized quadricycle shall not be operated at a speed of more than fifteen miles per hour. |
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| 657 | 658 | | |
|---|
| 658 | 659 | | B. A neighborhood electric vehicle, a neighborhood electric shuttle and a motorized quadricycle shall not be driven on a highway that has a posted speed limit of more than thirty-five miles per hour. This subsection does not prohibit a neighborhood electric vehicle, a neighborhood electric shuttle or a motorized quadricycle from crossing a highway that has a posted speed limit of more than thirty-five miles per hour at an intersection. |
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| 659 | 660 | | |
|---|
| 660 | 661 | | C. A neighborhood electric vehicle, a neighborhood electric shuttle and a motorized quadricycle shall have a notice of the operational restrictions applying to the vehicle permanently attached to or painted on the vehicle in a location that is in clear view of the driver. This subsection does not apply to a fully autonomous vehicle that is incapable of operation by a human driver. |
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| 661 | 662 | | |
|---|
| 662 | 663 | | D. Notwithstanding subsection B of this section, a neighborhood occupantless electric vehicle may be operated on a highway that has a posted speed limit of forty-five miles per hour or less. This subsection does not prohibit a neighborhood occupantless electric vehicle from crossing a highway that has a posted speed limit of more than forty-five miles per hour at an intersection. |
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| 663 | 664 | | |
|---|
| 664 | 665 | | E. When operating on a highway with a posted speed limit of more than thirty-five miles per hour but not exceeding forty-five miles per hour, a neighborhood occupantless electric vehicle is subject to the following restrictions: |
|---|
| 665 | 666 | | |
|---|
| 666 | 667 | | 1. The neighborhood occupantless electric vehicle must be operated in the right-hand travel lane or as close as practicable to the right-hand curb or edge of the highway, except when preparing for a left turn. |
|---|
| 667 | 668 | | |
|---|
| 668 | 669 | | 2. On a highway with two travel lanes, the neighborhood occupantless electric vehicle must turn off the roadway to a controlled stop as soon as practicable and when it is safe to do so to allow faster moving vehicles to pass when passing is unsafe because of traffic in the opposite direction or other conditions and there are five or more vehicles immediately behind the neighborhood occupantless electric vehicle. |
|---|
| 669 | 670 | | |
|---|
| 670 | 671 | | 3. The neighborhood occupantless electric vehicle must display a slow-moving vehicle sign that: |
|---|
| 671 | 672 | | |
|---|
| 672 | 673 | | (a) Has a reflective surface that is designed to be clearly visible in daylight and at night from the light of standard automobile headlamps at a distance of at least five hundred feet. |
|---|
| 673 | 674 | | |
|---|
| 674 | 675 | | (b) Is mounted base down on the rear of the vehicle at a height that does not impair the visibility of the sign. |
|---|
| 675 | 676 | | |
|---|
| 676 | 677 | | (c) Is maintained in a clean and reflective condition. |
|---|
| 677 | 678 | | |
|---|
| 678 | 679 | | 4. The neighborhood occupantless electric vehicle may not be operated on a highway in which the director or local authorities within their respective jurisdictions have determined and declared, pursuant to section 28-704, subsection B, a minimum speed limit of more than twenty-five miles per hour. This paragraph does not prohibit a neighborhood occupantless electric vehicle from crossing such a highway at an intersection. |
|---|
| 679 | 680 | | |
|---|
| 680 | 681 | | 5. The neighborhood occupantless electric vehicle may not be operated on A roadway within the boundaries of A public airport terminal and may not be operated at a public airport without express permission of the public airport owner. |
|---|
| 681 | 682 | | |
|---|
| 682 | 683 | | 6. The neighborhood occupantless electric vehicle may not transport hazardous materials that are regulated under the hazardous materials transportation authorization act of 1994 (P.L. 103-311; 108 Stat. 1673; 49 united states code sections 5101 through 5128) and that must be placarded under 49 code of federal regulations sections 172.500 through 172.560. |
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| 683 | 684 | | |
|---|
| 684 | 685 | | F. Neighborhood occupantless electric vehicles are subject to the requirements of chapter 32 of this title. |
|---|
| 685 | 686 | | |
|---|
| 686 | 687 | | G. For the purposes of this section, "highway" means a street or roadway. END_STATUTE |
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