Wrong Pump in AZ

winepress wrote:
I took a look at 28-5432. it says it applies to:

http://www.azleg.state.az.us/ars/28/05432.htm
28-5432- 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. (That's not me, I'm not a trailer)

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. (That's not me)

3. A hearse, an ambulance or any other vehicle that is used by a mortician in the conduct of the mortician's business. (Definitely not me)

4. A commercial motor vehicle as defined in section 28-5201. (um, could be me, let's look that up)

http://www.azleg.state.az.us/ars/28/05201.htm
28-5201, says:

1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise on a highway in this state, that is not exempt from the gross weight fees as prescribed in section 28-5432, subsection B and that includes any of the following:

(a) A single vehicle or combination of vehicles that has a gross vehicle weight rating of eighteen thousand one or more pounds and that is used for the purposes of intrastate commerce. (Nope, no interstate commerce in my motorhome)

(b) A single vehicle or combination of vehicles that has a gross vehicle weight rating of ten thousand one or more pounds and that is used for the purposes of interstate commerce. (Nope, no interstate commerce in my motorhome)

(c) A school bus. (No school here)

(d) A bus. (Nope, I'm a private passenger vehicle, not a Greyhound)

(e) A vehicle that transports passengers for hire and that has a design capacity for eight or more persons. (No, private, not for hire)

(f) A vehicle that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation authorization act of 1994 (49 United States Code sections 5101 through 5128) and that is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to this chapter. (No Hazardous stuff onboard here, well maybe if I have not dumped in a while)

I apologize in advance, I'm obviously missing something here.

I really don't understand what you are looking at. ARS 28-5432.C SPECIFICALLY identifies the vehicles that are EXEMPT from paying the higher fuel tax. Only those vehicles noted in the Section are exempt. No one gets to go beyond what is written there. The fact is that if your vehicle uses diesel fuel, is 26,000 pounds GVW or greater, and or has more than two axles and your vehicle is not included in the list of exempt vehicles found in the Section, it is against Arizona State law for you to fill your vehicle at the lower tax rate pumps and your are subject to the fines as noted on the consumer warning label found on each pump.

ARS 28-5432.C is written exactly as follows:

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.

As everyone can see, there is no provision to exempt RVs.

jlabr2 wrote:

lbligh wrote:
Now... should the Statute be changed to exempt RVs. Absolutely. But as it stands and as it it written now, RVs are not exempt.

Yeah, I guess so. I guess the next step is how to change it. Start writing our Reps.

Writing your State Representative is the best idea. If you recall, I stated that I have already written to our State Senator. Now will anything get done? Who knows.

Safe travels.

I took a look at 28-5432. it says it applies to:

http://www.azleg.state.az.us/ars/28/05432.htm
28-5432- 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. (That's not me, I'm not a trailer)

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. (That's not me)

3. A hearse, an ambulance or any other vehicle that is used by a mortician in the conduct of the mortician's business. (Definitely not me)

4. A commercial motor vehicle as defined in section 28-5201. (um, could be me, let's look that up)

http://www.azleg.state.az.us/ars/28/05201.htm
28-5201, says:

1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise on a highway in this state, that is not exempt from the gross weight fees as prescribed in section 28-5432, subsection B and that includes any of the following:

(a) A single vehicle or combination of vehicles that has a gross vehicle weight rating of eighteen thousand one or more pounds and that is used for the purposes of intrastate commerce. (Nope, no interstate commerce in my motorhome)

(b) A single vehicle or combination of vehicles that has a gross vehicle weight rating of ten thousand one or more pounds and that is used for the purposes of interstate commerce. (Nope, no interstate commerce in my motorhome)

(c) A school bus. (No school here)

(d) A bus. (Nope, I'm a private passenger vehicle, not a Greyhound)

(e) A vehicle that transports passengers for hire and that has a design capacity for eight or more persons. (No, private, not for hire)

(f) A vehicle that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation authorization act of 1994 (49 United States Code sections 5101 through 5128) and that is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to this chapter. (No Hazardous stuff onboard here, well maybe if I have not dumped in a while)

I apologize in advance, I'm obviously missing something here.

lbligh wrote:
Now... should the Statute be changed to exempt RVs. Absolutely. But as it stands and as it it written now, RVs are not exempt.

Yeah, I guess so. I guess the next step is how to change it. Start writing our Reps.

winepress wrote:
For whatever it's worth, I travel to AZ from CA twice a year. On my way back to CA I stop at a truck stop near the border as fuel is cheaper. I use the lane that says RV's only. Fuel is taxed at the lower rate, no option for the higher price on the RV pumps.

That is that way it is in every location I have ever been into where RV pumps are available. No doubt (because it is required by law) the pump had the consumer warning label attached citing ARS 28-5432. In your case, if you have a GVW in excess of 26,000 lbs/more then two axles, you should have moved to the truck pumps to fuel.

jlabr2 wrote:
Yes, but the person that Rollnhome talked to on the phone said that ALL RVs are exempt. Then it seems a different person sent the email that contradicts what was said over the phone. I just can't figure out why the state can't figure this out??

The State of Arizona doesn't have a problem figuring it out. ARS 28-5432 is as clear as day. Section "C" list ALL exceptions (as I have said all along) and there is NO EXCEPTION listed for any RVs or motorhomes. This isn't that complicated. Who knows what question was asked on the phone or what answer was given. My guess is that they had to go to the person with the authority to put together a written statement.

Now... should the Statute be changed to exempt RVs. Absolutely. But as it stands and as it it written now, RVs are not exempt.

mpierce wrote:
I do not think we will ever get a plain english answer. Gov't workers like to cover their but.

The email said only those that are exempt do not pay it. RV's are NOT listed as exempt.

Thus, if you are big enough, you pay the higher tax.

At least that is the way I read the gobbligook!

The higher tax is not the issue, it is the inconvenience of not having the correct fuel pump near to me or the possibility of a $1000 fine if I use the wrong pump.

I do not think we will ever get a plain english answer. Gov't workers like to cover their but.

The email said only those that are exempt do not pay it. RV's are NOT listed as exempt.

Thus, if you are big enough, you pay the higher tax.

At least that is the way I read the gobbligook!

winepress wrote:
For whatever it's worth, I travel to AZ from CA twice a year. On my way back to CA I stop at a truck stop near the border as fuel is cheaper. I use the lane that says RV's only. Fuel is taxed at the lower rate, no option for the higher price on the RV pumps.

Ok, but did you notice if the RV pump had one of those warning stickers applied to it??

For whatever it's worth, I travel to AZ from CA twice a year. On my way back to CA I stop at a truck stop near the border as fuel is cheaper. I use the lane that says RV's only. Fuel is taxed at the lower rate, no option for the higher price on the RV pumps.