Class A with tag axle - beware of $1000. fine in AZ!

Francesca Knowles wrote:

jlabr2 wrote:

Francesca Knowles wrote:

msmith1199 wrote:
In a nutshell, I know how to read laws, and the way this one is written is not clear at all. If it has me confused, than it's a confusing law.

Will highlighting the language help?

17. " Light class motor vehicle" means a motor vehicle that uses use fuel on the highways in this state but EXCLUDES a road tractor, truck tractor, truck or passenger carrying vehicle having a declared gross vehicle weight of more than twenty-six thousand pounds or having more than two axles.


37. "Use class motor vehicle" means a motor vehicle that uses use fuel on a highway in this state and that is a road tractor, truck tractor, truck or passenger carrying vehicle having a declared gross vehicle weight of more than twenty-six thousand pounds or having more than two axles.

And are not both of these examples found in the Commercial Vehicle part of the law? If so, I take it that the law pertains to only commercial vehicles.

N-o NO!

That's likely the source of all the confusion here. The law has absolutely nothing to do with commercial vehicle regulations- it is specific to fuel taxation ONLY, and levies the taxes based on the very simple criteria listed multiple times in this thread.

Here AGAIN is a direct link to the only statute that is relevant to this discussion.

If it is so simple as you keep claiming, please tell us why you think a motorhome is a "passenger carrying vehicle?" Federal law defines a passenger carrying vehicle as a passenger that carries passengers for hire and the standard definition of "passenger carrying vehicle" from other legal sources is the same. The only thing we are missing to this point, is a specific definition in AZ law of "passenger carrying vehicle." And if AZ intended that law to apply to all vehicles over 26k pounds or with three axles then why does the law say "passenger carrying vehicles" instead of just "vehicles?" The way I read it, the only reason to say passenger carry vehicle is if it is intended to mean the standard definition which is a vehicle that carries passengers for hire.

lbligh wrote:

Rollnhome wrote:
,
"Use class motor vehicle" means a motor vehicle that uses use fuel on a highway in this state and that is a road tractor, truck tractor, truck or passenger carrying vehicle having a declared gross vehicle weight of more than twenty-six thousand pounds or having more than two axles."

I have researched this most of the day (slow day). This is what I come up with.
Following the commas: 1 - A mh is not a road tractor. 2 - A mh is not a truck tractor. 3 - A mh is not a truck or passenger carrying vehicle (AZ definition BUS) having a declared weight (weight has to be declared on registration and additional registration fees are charged). 4 - A mh is not a truck or passenger carrying vehicle (BUS) having more than two axles.
I am convinced the additional fuel tax is for commercial use and private mhs are not included in this description/class of vehicles.
I have calls in to the state to confirm this. I have all ready talked to two ADOT personnel that confirm my understanding of the tax. I believe it is written very clearly.
The problem seems to be the interpretation of passenger carrying vehicle. I forget the exact statute however AZ defines a PCV as a bus such as a tour bus or Greyhound type passenger bus.

Then the question is why does not the the law or the pump posting specifically exempt RVs as they do other vehicles?

It doesn't exclude them because in my opinion, they are never included. No need to have an exclusion if they are never included to begin with.

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.

I think this is correct. I'm just amazed at how many people say it's so simple and then they give opposite answers to others who say it is so simple.

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.

Rollnhome wrote:
,
"Use class motor vehicle" means a motor vehicle that uses use fuel on a highway in this state and that is a road tractor, truck tractor, truck or passenger carrying vehicle having a declared gross vehicle weight of more than twenty-six thousand pounds or having more than two axles."

I have researched this most of the day (slow day). This is what I come up with.
Following the commas: 1 - A mh is not a road tractor. 2 - A mh is not a truck tractor. 3 - A mh is not a truck or passenger carrying vehicle (AZ definition BUS) having a declared weight (weight has to be declared on registration and additional registration fees are charged). 4 - A mh is not a truck or passenger carrying vehicle (BUS) having more than two axles.
I am convinced the additional fuel tax is for commercial use and private mhs are not included in this description/class of vehicles.
I have calls in to the state to confirm this. I have all ready talked to two ADOT personnel that confirm my understanding of the tax. I believe it is written very clearly.
The problem seems to be the interpretation of passenger carrying vehicle. I forget the exact statute however AZ defines a PCV as a bus such as a tour bus or Greyhound type passenger bus.

Then the question is why does not the the law or the pump posting specifically exempt RVs as they do other vehicles?

I'll search for it. Somehow it got buried as I'm doing all this on my smartphone.

jlabr2 wrote:

Francesca Knowles wrote:

msmith1199 wrote:
In a nutshell, I know how to read laws, and the way this one is written is not clear at all. If it has me confused, than it's a confusing law.

Will highlighting the language help?

17. " Light class motor vehicle" means a motor vehicle that uses use fuel on the highways in this state but EXCLUDES a road tractor, truck tractor, truck or passenger carrying vehicle having a declared gross vehicle weight of more than twenty-six thousand pounds or having more than two axles.


37. "Use class motor vehicle" means a motor vehicle that uses use fuel on a highway in this state and that is a road tractor, truck tractor, truck or passenger carrying vehicle having a declared gross vehicle weight of more than twenty-six thousand pounds or having more than two axles.

And are not both of these examples found in the Commercial Vehicle part of the law? If so, I take it that the law pertains to only commercial vehicles.

N-o NO!

That's likely the source of all the confusion here. The law has absolutely nothing to do with commercial vehicle regulations- it is specific to fuel taxation ONLY, and levies the taxes based on the very simple criteria listed multiple times in this thread.

Here AGAIN is a direct link to the only statute that is relevant to this discussion.

Here is the line of code from the AZ code causing all the bother.
17. "Light class motor vehicle" means a motor vehicle that uses use fuel on the highways in this state but excludes a road tractor, truck tractor, truck or passenger carrying vehicle having a declared gross vehicle weight of more than twenty-six thousand pounds or having more than two axles.

It can be found here under chapter 16 > Taxes > definitions 28-5601 item 17.

What it amounts too is RV were never taken into consideration and as such are included in the weight and axle requirement. So without an exclusion for RV's they would be included.

At first it looked like this article of the law might have been included under the commercial common carrier code but no they started a new section for the Taxes.

Rollnhome I just did a complete search again and I can't find that definition, however, there are other sections that would seem to indicate they are in fact talking about buses when they use the term Passenger Carrying Vehicle. So I think we're reading this correctly and this tax does not apply to privately owned motorhomes at all, even if they have three axles. That three axle rule is referring directly to Passenger Carry Vehicles which is why I think motorhomes are exempt. Now we just have to figure out why enforcement officials in AZ thing that it does apply.

Rollnhome wrote:
,
"Use class motor vehicle" means a motor vehicle that uses use fuel on a highway in this state and that is a road tractor, truck tractor, truck or passenger carrying vehicle having a declared gross vehicle weight of more than twenty-six thousand pounds or having more than two axles."

I have researched this most of the day (slow day). This is what I come up with.
Following the commas: 1 - A mh is not a road tractor. 2 - A mh is not a truck tractor. 3 - A mh is not a truck or passenger carrying vehicle (AZ definition BUS) having a declared weight (weight has to be declared on registration and additional registration fees are charged). 4 - A mh is not a truck or passenger carrying vehicle (BUS) having more than two axles.
I am convinced the additional fuel tax is for commercial use and private mhs are not included in this description/class of vehicles.
I have calls in to the state to confirm this. I have all ready talked to two ADOT personnel that confirm my understanding of the tax. I believe it is written very clearly.
The problem seems to be the interpretation of passenger carrying vehicle. I forget the exact statute however AZ defines a PCV as a bus such as a tour bus or Greyhound type passenger bus.

Okay, now we're getting someplace but I need to know where you found that definition. I did text searches of AZ law and could not find a definition for passenger carrying vehicle, however, I also think it means bus or other vehicle that carries passengers for hire. I'll search again, but I didn't find it earlier today.