Arizona Laws 28-9708. Enforcement
A. Except as provided in section 28-9702 and subsection G of this section, this section provides the exclusive means by which the department may:
Terms Used In Arizona Laws 28-9708
- 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. See Arizona Laws 28-101
- Autonomous vehicle: means a motor vehicle that is equipped with an automated driving system. See Arizona Laws 28-101
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
- Owner: means :
(a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Uphold: The decision of an appellate court not to reverse a lower court decision.
1. Suspend, revoke or cancel the registration of an autonomous vehicle for reasons related to safety.
2. Otherwise restrict the operation of an autonomous vehicle for reasons related to safety.
B. If the department has information, data or other evidence indicating that an autonomous vehicle is likely not in safe mechanical condition and likely to endanger persons on the highway, the department may issue a request for relevant information to the owner and the person who submitted the statement required by section 28-9702 for the autonomous vehicle.
C. The owner or the person who submitted the statement required by 28-9702 shall respond to a request for information submitted under subsection B of this section within a reasonable time specified by the department. The response may be in the form of documents, a meeting with the department, a demonstration or any other reasonable form or combination of forms.
D. After considering and evaluating all responses provided pursuant to subsections B and C of this section, if the department determines based on data, information or other evidence that an autonomous vehicle is not in safe mechanical condition and endangers persons on the highway, the department may send the vehicle owner and the person who submitted the statement required by section 28-9702 for the autonomous vehicle a notice of intent to suspend the registration or impose restrictions on the operation of the autonomous vehicle. The notice shall include:
1. A description of the department’s reasons and evidence supporting the determination.
2. A statement that a certification of correction or adjustment shall be submitted within a specified time and that the certification shall include an explanation of how the issues identified by the department in the notice have been addressed, such as identifying adjustments made to the automated driving system or operational measures implemented.
E. If the owner or person who submitted the statement required by section 28-9702 for the autonomous vehicle that is the subject of a notice of intent to suspend or restrict operation fails to submit the certification required by subsection D of this section within the time specified or the department finds that the certification is not true and accurate, the department shall notify the person and owner that the registration for that autonomous vehicle has been suspended or restricted as specified in the notice. If the person or owner later submits the required certification, the department shall remove the suspension or restriction on receipt of the certification.
F. A person who disputes the department’s finding may request a hearing within ten days after the date of the notice of intent to suspend or restrict operation issued under subsection D of this section. A hearing requested under this subsection shall be held not more than sixty days after the submission of a request for a hearing. A decision to uphold the determination of the department is subject to judicial review pursuant to Title 12, Chapter 7, Article 6.
G. This section does not apply to a vehicle that is subject to chapter 14 of this title and does not affect the applicability or enforcement of chapter 14 of this title or federal laws applicable to commercial motor vehicles as defined in 28-5201.