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

I sent the following email to FMCA for a little help in this situation:

Recently, it was posted in an RV Forum (RV.Net) that Arizona is starting to actively enforce a little known rule regarding the difference between the passenger car fuel tax and truck tax. Here is the story :

http://www.rvnetwork.com/index.php?showtopic=113059

Before anyone got exited, the rules were checked:

http://www.azdot.gov/mvd/professional-services/FuelTaxInfo/fuel-tax-evasion-unit

Apparently, RV's are not exempt from the truck taxes and will be fined for violation of the law. I emailed the AZ DOT questioning the rule and if RV's were exempt. They responded with the following:

Thank you for contacting the Arizona Department of Transportation. Please contact Fuel Tax Reporting at 602-712-8473

I called the number and was advised that private RV's are not exempt and they are stepping up enforcement. This basically means that an RV over 26000 GVW or two axles must only buy fuel at a truck stop in the truck lanes. If not, you'll be fined.

This is a little known rule and will catch many unsuspecting fuel buyers. The only notice is a small sticker on the pump. The difference in taxes is .18 cents for cars and .26 cents for trucks.

This presents some issues, one, it would require almost all diesel pushers to buy only at truck stops and be forced to use the truck islands. Secondly, what happens if you run low on fuel and there are no truck stops near by.

I'm hoping you can look into this issue and use your clout to help amend the rule to exempt private RV's. I doubt the rule was implemented to gather more road tax from Snowbirds, families and retirees.

I have fueled the RV up in Az exactly twice
Neither one was at a truck stop
Both times was at a Frys grocery
Once in Flagstaff going east
Once outside Phoenix going west
At 34 ft and two axles I use the car lanes
I almost always use normal gas stations, very seldom use truck stops
It just seems too be what's around when I'm looking for fuel

Well Gang,
Since we've purchased our present coach, an '04 Itasca Horizon, 36GD with the 330 C-7 CAT, about 3.6 years ago, we've fueled up in AZ several times and, in several areas. I rarely go to truck fueling pumps due to the fact that it's normally a pain in the a$$ because those pumps normally don't have a standard credit card operating system. So, I go to the auto ones, usually on the outside pumps (due to our length and towing) to fuel up.

And, in many, many cases, there's other RVs at those same pumps, some large, some with tags, also filling up. Now, one, we're only TWO AXLES.

But, the law, as stated and linked here, states:

".....Declared Gross vehicle weight..." Well, the only thing missing is the last word in ALL of our (RV peoples specs on their coaches) is the word "Rating". We all know (or at least most of us know) what our "GVWR" or, Gross Vehicle Weight Rating is. Now, I read that section several times and, does AZs law, mean the same thing as "GVWR" in it's statement or, is the term "Declared" a different meaning than, "GVWR".

The manufacturer means "GVWR" as, Gross Vehicle Weight Rating as to mean, the maximum amount of weight, that particular coach is to carry, at any given time. So, if your GVWR is over 26,000 lbs., is that the same as a "declared amount of weight"? On our coach, the GVWR is: 27,910.

I mean, I don't know about any and all trucks, truck-tractors, busses (both passenger commercial and school) motorhomes, motorcycles, etc. but, do any vehicles actually have a "Declared weight" written on any tag, spec plate, I.D., registration, anywhere on or about them, in these United States? Or, is the law, referring to: Gross Vehicle Weight RATING when it's interpreted? So, if AZ is actually using the "GVWR" (missing the word "RATING") to define its "use fuel" law, then any one reading this, who has a 17,500 lb. rear axle, and a 10,410 front axle, is, technically, over the weight limit of the "use fuel" AZ law, (not including gas coaches) correct? And there's one heck of a lot of coaches with those axles.
Scott

Probably more than any of you want to know....but it does tell you where to go if you are entitled to a refund....Dennis

Arizona Fuel Tax Information

I don't know that Law but in Az we fueled up at a truck stop that had a lower price than others. Went in and had to sign a log or form and out plate number and was refunded the difference from higher semi truck taxes.
We fueled at RV lanes in Kingman Pilot. There were three Class As in line. The price was the same as auto pumps. I thought, then, there might be a problem but everyone seemed to be fueling at auto diesel or RV diesel pumps, at the same price. We don't have three axles but are over 26,000 by a good bit.
Since half of the US moves to Az for the winter, they stand to make a lot of money from us, in fuel taxes. If they alienate enough RVers they will lose a lot more tax revenues, as well as retail and RV resort and campgrounds' incomes. Snowbirds probably pay half the income, for Az governments and 3/4 of the jobs. Maybe they don't realize that.

The AZ law says the weight is based on the "declared gross vehicle weight" as opposed to the Gross Vehicle Weight Rating. My MH is registered in California and California has a law on "declared gross vehicle weight" and it only applies to commercial vehicles that carry a load.

bsinmich wrote:
What would they consider a classic GMC MH. They have 2 axles on the rear with single tires on each and front wheel drive. They weigh around 12,000#. They are gas.

They consider it a vehicle to which the law on diesel fuel does not apply

Now you guys have me all confused. Last time I was in Arizona I went through the regular car pumps and didn't get a ticket. But the question that seems to be most confusing is what weight are they using? My 35' two-axle Tropical has an empty weight of 23,480 according to the spec sheets. But it has a GVWR of 27,910. So which weight is AZ using to get to the 26,000 figure?

Also, I once tried to use a truck pump and the nozzle does not fit in my motorhome. There is a little tab a few inches in that used to have a screw in it to hold a chain that held the fuel cap. The chain broke years ago but the little tab is still in there and it prevents the large nozzle from going in more than an inch or so. I'd make a mess using the truck nozzle unless I got in there and cut that tab out somehow.

I sent an email to AZ DOT and received a response to call Fuel Tax Licensing. I called the number provided and got a mailbox where I left a message. Now waiting for a call back. Will post back if they call.

The law reads that the "declared" weight has to be over 26k. "Declared" weight is what your registration has on it, which RVs is 0000. So it does not matter what the rig actually weighs. I read the law that 2 axle RVs are exempt.