msmith1199 wrote:
lbligh wrote:
msmith1199 wrote:
lbligh wrote:
msmith1199 wrote:
lbligh wrote:
msmith1199 wrote:
lbligh wrote:
Rollnhome wrote:
What is AZ definition of "Passenger Carrying Vehicle"? If it is not a motorhome then the tax doesn't apply no matter of weight or axles.
A simple Google of passenger carrying vehicle comes up with a commercial bus or motorcoach. However it is AZ definition of passenger carrying vehicle that matters in this case.
My next question is then, why do all other vehicles require a special or commercial drivers license and a motor home does not. All passenger carrying vehicles are commercial...why include this singular vehicle, motorhomes, into this otherwise commercial tax?
I think because MHS are Recreational Vehicles not Passenger Carrying Vehicles they are exempt from this otherwise commercial tax.
OK... then why are not RVs listed along with all the other type of vehicles that are exempt. Arizona has taken the time to list the exempt vehicles on their pump posting and RVs are not on that list. Everyone here wants to "interpret" a law when it appears that Arizona has made it pretty simple by listing those vehicles that are exempt.
Now don't take me wrong, I believe that Arizona is wrong not to have included RVs as noncommercial vehicles like every other state, but it is what it is.
Let me try this one more time. This law lists what vehicles are included. If a motorhome is not a passenger carrying vehicle, which I don't think it is, then it's not included to begin with so there is no reason to exempt a vehicle that isn't included. Most of the exemptions listed are for vehicles that otherwise fit the definition of included vehicles such as church buses, but because of who owns them or how they're used the are exempted.
That's why.
Well my friend, the law indeed specifically includes very specific language as to those vehicles that are INCLUDED AND EXCLUDED. All of the so called experts here cannot explain or wish away the facts. I have listed for everyone's edification below ARS 28-5432C which details all vehicles included and excluded. The specific and detailed explanation by the State of Arizona should answer all questions. As everyone should note, there is NO MENTION OF MOTORHOMES OR RVs. The text from the ARS Statute is as follows:
28-5432. Gross weight fees; application; exceptions
A. This article applies to all of the following:
1. A trailer or semitrailer with a gross weight of ten thousand pounds or less and that is used in the furtherance of a commercial enterprise.
2. A motor vehicle or vehicle combination if the motor vehicle or vehicle combination is designed, used or maintained primarily for the transportation of passengers for compensation or for the transportation of property.
3. A hearse, an ambulance or any other vehicle that is used by a mortician in the conduct of the mortician's business.
4. A commercial motor vehicle as defined in section 28-5201.
B. This article does not apply to:
1. A vehicle commonly referred to as a station wagon or to a vehicle commonly known as and referred to by the manufacturer's rating as a three-quarter ton or less pickup truck or three-quarter ton or less van unless such a vehicle is maintained and operated more than one thousand hours in a vehicle registration year for the transportation of passengers or property in the furtherance of a commercial enterprise. An applicant requesting title or registration of a motor vehicle in the name of a commercial enterprise shall pay the fees imposed by this article unless the applicant certifies on the application that the vehicle will not be maintained and operated in the furtherance of a commercial enterprise.
2. A trailer or semitrailer with a declared gross weight of ten thousand pounds or less, if the trailer or semitrailer is not used in the furtherance of a commercial enterprise and the applicant certifies on the application that the vehicle will not be maintained and operated in the furtherance of a commercial enterprise.
C. The following motor vehicles, trailers and semitrailers are exempt from the gross weight fee prescribed in section 28-5433:
1. A motor vehicle, trailer or semitrailer that is owned and operated by a religious institution and that is used exclusively for the transportation of property produced and distributed for charitable purposes without compensation. For the purposes of this paragraph, "religious institution" means a recognized organization that has an established place of meeting for religious worship and that holds regular meetings for that purpose at least once each week in at least five cities or towns in this state.
2. A motor vehicle, trailer or semitrailer that is owned and operated by a nonprofit school that is recognized as being tax exempt by the federal or state government if the motor vehicle, trailer or semitrailer is used exclusively for any of the following:
(a) The transportation of pupils in connection with the school curriculum.
(b) The training of pupils.
(c) The transportation of property for charitable purposes without compensation.
3. A motor vehicle, trailer or semitrailer that is owned by a nonprofit organization in this state that presents to the department a form approved by the director of the division of emergency management pursuant to section 26-318.
4. A vehicle that is owned and operated only for government purposes by a foreign government, a consul or any other official representative of a foreign government, by the United States, by a state or political subdivision of a state or by an Indian tribal government.
5. A motor vehicle that is privately owned and operated exclusively as a school bus pursuant to a contract with a school district. If a privately owned and operated school bus is temporarily operated for purposes other than those prescribed in the definition of school bus in section 28-101, the registering officer shall assess and collect a monthly gross weight fee equal to one-tenth of the annual gross weight fee prescribed by section 28-5433 for each calendar month that the motor vehicle is so operated in this state. The registering officer shall not apportion the gross weight fee for a fraction of a calendar month.
Just give up! This law is dealing with weight fees and not the fuel use tax. It has nothing to do with the discussion.
Maybe if you were not so arrogant, you might learn something. The specific ARS 28-5432.C, as cited above, is indeed the specific statute cited in the consumer warning from the State of Arizona on their pump label posting (found on each and every diesel pump in AZ) and is also the statute cited in their published brochure on this subject. That brochure can be found here: https://www.azdot.gov/docs/mvd-services/arizona-use-fuel-vendors---faqs.pdf?sfvrsn=0 Now just maybe you might learn something if you can read? I would also have you note, that a copy of the pump posting label is included in the brochure, so those like yourself that are not even residents of Arizona can see exactly what is posted and will see that ARS 28-5432 is indeed the correct statute.
Now, if you still feel that you are correct and that the State of Arizona is wrong in citing ARS 28-5432.C as they have in both the pump posting label and their brochure, maybe you need to give them a call and set them straight? Just a thought. Hopefully, I won't need to try and set you straight again.
I'm not the one being arrogant. You are still reading this wrong.
And ARS 28-5432.C has nothing to do with the subject at hand. Right? Too funny. All I know is that I can read and the statute is indeed the very statute cited in the brochure/publication from the State of Arizona I provided and is also the very same statute identified on the posted consumer warning label on all diesel pumps. Now you were the one to say (and I quote) "it has nothing to do with the discussion." So it seems that maybe you need to spend a little less time professing to be a know-it-all and bit more time researching and reading? Just a thought.
One last time then I'm through with you. Nobody, is arguing that motorhomes are not listed in the exclusions. That section you posted only covered the definition of vehicles. It was not relevant to the discussion which is are Class A motorhomes even included to begin with. Please go back and read how many times I wrote that! Motorhomes are not on the sticker on the pumps and they are not on the list of excluded vehicles!!! We all agreed to that! The debate was are they included to begin with. And you argued over and over and over that they were and you even misquoted the law and sail all vehicles over 26k were included. Now we're seeing that the person who started all this debate wasn't even in a Class A but was instead in a semi-truck conversion. So if that stands, then MY reading of the law was correct and you and most of the others were wrong. Simple as that.
There is absolutely no need to have the word motorhome included in the definition. The qualifying information of GVWR and number of axles is what is used for all vehicles. As such, they are included, as are all other vehicles unless they would be included in the list of specifically excluded vehicles, which obviously, the State could have done if that was their intent. Additionally, the State did not choose to use any language to exclude any/all noncommercial vehicles.
