dodge guy wrote:msmith1199 wrote:dodge guy wrote:
The one big positive here is that any DP over 26k lbs carries enough fuel to fill up at either border of the state, visit where they want in the state, then leave and fill up outside the state!
Although that isn`t really isn`t an issue, because the law has been interpreted wrong by AZ. they are just hurting themselves. by filling up out of state, they stand to lose a lot of fuel tax $$$
But you're still breaking the law then. If you did into the law, there is actually a part of it that says the tax applies to fuel consumed within the state. If you fill up in Arizona on the way out, and only use 10 gallons in AZ and the other 90 gallons you bought out of Arizona, you can submit a claim to get a refund of the taxes on that 90 gallons. And there is also a part of the law that says if you purchase fuel out of state, but drive the vehicle through the state, you are supposed to pay the fuel tax on the fuel you burned while driving in Arizona! Yes, it is actually in the law.
If that is the case, then almost every RV`er in every state is breaking the law. we should all be in jail or paying hefty fines! but clearly that isn`t happening as far as out of state fuel purchases are going.
Rollnhome wrote:
With a bit more research I find that 10Ponies the gentleman that received the ticket for fueling at the wrong pump was filling his "toterhome". Toterhomes are not registered as Recreational Vehicles in Arizona; Toterhomes are registered as trucks. I was wondering why they had to "go over his paperwork".
Therefore according to AZ he was filling his three axle truck at the light class pump.
Now I ask, can anyone give an example of an RV registered mh being cited at the light class pumps....that is other than I know a guy whose uncles brother met a guy in a bar.
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.
Executive wrote:
Change can be made and the laws more clearly defined. Anyone who has driven in California can see this in effect. Remember those 55 mph while towing signs? They make more sense with the new ones....no ambiguity, no confusion, no doubts..as a retired LEO, I hate the crossover between commercial and non commercial. They should be codified separately to avoid confusion......Dennis
Rollnhome wrote:
With a bit more research I find that 10Ponies the gentleman that received the ticket for fueling at the wrong pump was filling his "toterhome". Toterhomes are not registered as Recreational Vehicles in Arizona; Toterhomes are registered as trucks. I was wondering why they had to "go over his paperwork".
Therefore according to AZ he was filling his three axle truck at the light class pump.
Now I ask, can anyone give an example of an RV registered mh being cited at the light class pumps....that is other than I know a guy whose uncles brother met a guy in a bar.
dodge guy wrote:msmith1199 wrote:dodge guy wrote:
The one big positive here is that any DP over 26k lbs carries enough fuel to fill up at either border of the state, visit where they want in the state, then leave and fill up outside the state!
Although that isn`t really isn`t an issue, because the law has been interpreted wrong by AZ. they are just hurting themselves. by filling up out of state, they stand to lose a lot of fuel tax $$$
But you're still breaking the law then. If you did into the law, there is actually a part of it that says the tax applies to fuel consumed within the state. If you fill up in Arizona on the way out, and only use 10 gallons in AZ and the other 90 gallons you bought out of Arizona, you can submit a claim to get a refund of the taxes on that 90 gallons. And there is also a part of the law that says if you purchase fuel out of state, but drive the vehicle through the state, you are supposed to pay the fuel tax on the fuel you burned while driving in Arizona! Yes, it is actually in the law.
If that is the case, then almost every RV`er in every state is breaking the law. we should all be in jail or paying hefty fines! but clearly that isn`t happening as far as out of state fuel purchases are going.
msmith1199 wrote:dodge guy wrote:
The one big positive here is that any DP over 26k lbs carries enough fuel to fill up at either border of the state, visit where they want in the state, then leave and fill up outside the state!
Although that isn`t really isn`t an issue, because the law has been interpreted wrong by AZ. they are just hurting themselves. by filling up out of state, they stand to lose a lot of fuel tax $$$
But you're still breaking the law then. If you did into the law, there is actually a part of it that says the tax applies to fuel consumed within the state. If you fill up in Arizona on the way out, and only use 10 gallons in AZ and the other 90 gallons you bought out of Arizona, you can submit a claim to get a refund of the taxes on that 90 gallons. And there is also a part of the law that says if you purchase fuel out of state, but drive the vehicle through the state, you are supposed to pay the fuel tax on the fuel you burned while driving in Arizona! Yes, it is actually in the law.
