Wrong Pump in AZ

Executive wrote:

dodge guy wrote:
They do make it clear in the link to the AZ diesel fuel tax. no where in there does it state RV. Only buses designed for 20 or more, a 26k lb truck or a truck with more than 2 axles. someone is not reading the law correctly! and it`s not me.

Sorry man, you're the one not reading the law correctly. In fact you're INTERPRETING what is written. You incorrectly interpret a passenger carrying vehicle as a bus, which it is, but so is your RV. Here's the correct text and definitions directly from Arizona MVD.

AZ 28-5601

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.

Says nothing about 20 or more...sorry, an RV in excess of 26,000# or more than 2 axles is a Use class motor vehicle.....Dennis

Dennis is exactly correct. The posting at the pump is very clear. The posting details ALL exceptions. An example would be non-profits. A non-profit is exempt. They could be driving a tank and as long as it is registered to a non-profit organization, they are exempt from the tax. If they had intended to include RVs they would have listed them just as they did all other exceptions. They also detail exactly what is included. Any vehicle over 26,000 lbs or more than two axles.

My guess is that most here that continue to argue the point that RVs are exempt have never even read the posting at each pump.

It's obvious that the sticker on the pump can be interpreted by AZ officials to include Diesel RV's over 26K and 3 axel and several have been ticketed for the 1K fine. So isn't it obvious that you would want to fuel at the pumps paying the additional tax unless you want to risk the fine! Is $8 per Hundred gals of fuel going to break the bank?

dodge guy wrote:
They do make it clear in the link to the AZ diesel fuel tax. no where in there does it state RV. Only buses designed for 20 or more, a 26k lb truck or a truck with more than 2 axles. someone is not reading the law correctly! and it`s not me.

Sorry man, you're the one not reading the law correctly. In fact you're INTERPRETING what is written. You incorrectly interpret a passenger carrying vehicle as a bus, which it is, but so is your RV. Here's the correct text and definitions directly from Arizona MVD.

AZ 28-5601

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.

Says nothing about 20 or more...sorry, an RV in excess of 26,000# or more than 2 axles is a Use class motor vehicle.....Dennis

Executive wrote:

jlabr2 wrote:
So why in the world, when writing a law, do they not make it clear to all whether a privately owned recreational vehicle is or is not exempt from the higher fuel tax!!

If they did that, the lawyers wouldn't have anything to do.....:W...Dennis

They do make it clear in the link to the AZ diesel fuel tax. no where in there does it state RV. Only buses designed for 20 or more, a 26k lb truck or a truck with more than 2 axles. someone is not reading the law correctly! and it`s not me.

jlabr2 wrote:
So why in the world, when writing a law, do they not make it clear to all whether a privately owned recreational vehicle is or is not exempt from the higher fuel tax!!

If they did that, the lawyers wouldn't have anything to do.....:W...Dennis

So why in the world, when writing a law, do they not make it clear to all whether a privately owned recreational vehicle is or is not exempt from the higher fuel tax!!

msmith1199 wrote:

Dutch_12078 wrote:

msmith1199 wrote:

Dutch_12078 wrote:

msmith1199 wrote:
You don't have to be a big guy. My 35' National DP on a Freightliner Chassis with two axles, weighs more than 26,000 pounds when loaded. I'm going to guess that almost every DP weighs more. The thing that's not clear is the exact weight criteria AZ is using. My empty weight is less than 26k but my GVWR is over. So the only way to know what the motorhome weighs at any given time is to put in on a scale.

I think the law is pretty clear on the weight: "...road tractor, truck tractor, truck or passenger carrying vehicle having a declared gross vehicle weight of more than 26,000 pounds or having more than two axles."

AZ Fuel Tax Evasion Unit

How is "Declared Gross Vehicle Weight" clear? Please define that weight for me for my DP that is registered in California where I'm not required, and have not "Declared" a weight on my motorhome. It's only required that you "declare" a weight here on a commercial vehicle. So when I go to AZ please tell me how clear their law is?

I'll let the state of Arizona tell you how they define it:

"1. "Declared gross weight" means the gross weight in pounds ascribed to a motor vehicle, trailer, semitrailer or vehicle combination by the applicant for registration."

http://www.azleg.state.az.us/ars/28/05431.htm

And to further clarify it:

"2. "Declared gross weight" has the same meaning prescribed in section 28-5431. If a declaration has not been made, declared gross weight means gross weight."

http://www.azleg.state.az.us/ars/28/05201.htm

Clear enough?

And what does gross weight mean? You forgot to look that up. I did and it has a different meaning than actual weight. Basically the law says "gross weight" is the same as GVWR. So if that is the accurate reading of this law, them almost every single DP is required to use the commercial pumps because almost all will have a GVWR over 26,000 pounds.

That's certainly possible. I posted the links to the regs, but it's not my place to determine how those regs are interpreted or enforced. We do know that at least two AZ Tax Evasion officers interpreted it to include RV's to the extent of a $1k fine.

Rollnhome wrote:
The weight (GVR) rating on my Arizona registration is O0000. Therefore I have O declared weight rating. I have two axles. I use the lower cost fuel. Never been a problem for over 10 years. Dutch- ascribed means assigned. My weight has been ascribed on my registration as 00000. 00000 is less than 26,000. Check your registration weight.

My coach's registered weight and the published GVW are both under 26,000, plus my rig is a gasser. Show your registration to the AZ Tax Evasion folks when/if they tag you using the wrong pumps. Let us know what they say. I just posted links that show what the applicable AZ regs are. Not being a lawyer or a judge, I'm not qualified to determine just how those regs are interpreted or applied by those charged with enforcing them. Perhaps the fellow that recently got nailed for the $1k fine will tell you what his registration says.

For those of you who show 0000 as your declared weight....when the 'man' knocks on your door as you're refueling and you "declare" your coach weighs 0000 therefore he can't ticket you.....let me know how that works out for ya....:W.....Dennis

dodge guy wrote:
The wording isn't clear, but RV's are not required to go to the taxed pumps. Read my last post in the other thread!

Sorry, but I believe you are wrong. Have you personally read the notice posted on the pump? Pretty clear. There is NOTHING in the posting to in any way exempt RVs. Also, you do understand that there have been folks here that have given first hand accounts to receiving a citation and fines.