28-1102. Weighing of vehicles and loads; civil penalty
A. A police or peace officer having reason to believe that the weight of a vehicle and load does not conform to this article may require the driver to:
1. Stop and submit to a weighing of the vehicle and load by means of either portable or stationary scales.
2. Drive the vehicle to the nearest public scales, if the scales are within two miles.
B. If on weighing a vehicle and load pursuant to subsection A of this section an officer determines that the weight does not conform to this article, the officer may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load is removed as necessary to reduce the gross weight of the vehicle to the limit allowed under this article. The owner or operator shall care for the material unloaded at the risk of the owner or operator.
C. A driver of a vehicle is subject to a civil penalty of $250 who either:
1. Knowingly fails or refuses to stop and submit the vehicle and load to a weighing.
2. Knowingly fails or refuses when directed by an officer on a weighing of the vehicle to stop the vehicle and otherwise comply with subsections A and B of this section.
D. A peace officer as defined in section 41-1701 or any other peace officer designated by the director may require the weighing of a commercial vehicle by means of portable scales at any time. Failure to submit to weighing as required by this subsection is punishable by a civil penalty, the minimum of which is the minimum civil penalty for over six thousand pounds overweight as prescribed in section 28-1101, subsection B.
Notes of Decisions
Cited in
24
cases, 1967–1997 · leading case:
State v. Mitchell, 666 P.2d 486 (Ariz. Ct. App. 1983).
State v. Mitchell, 666 P.2d 486 (Ariz. Ct. App. 1983).
· cites it 8× “Appellees, in support of the trial court’s ruling, rely primarily upon A.R.S. § 28-1102(3) which states: • “License” means any license, temporary instruction permit or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor…”
Spain v. Valley Forge Ins., 731 P.2d 84 (Ariz. 1987).
· cites it 4× “The Arizona legislature has continually strengthened the protection available to those injured by the negligence of a driver with no insurance or insufficient insurance. Until 1966, automobile owners involved in an accident were required only to prove that they were insured or…”
Perez. v. Campbell, 402 U.S. 637 (1971).
· cites it 2× “Ariz. Rev. Stat. Ann § 28-1144 (3). [4] Ariz.”
Green v. Mid-Am. Preferred Ins. Co., 751 P.2d 581 (Ariz. Ct. App. 1987).
· cites it 6× “The language of subsection C is identical to that of subsection B which concerns uninsured motorist coverage.”
Calvert v. Farmers Ins. Co. of Arizona, 697 P.2d 684 (Ariz. 1985).
“hip, maintenance or use of a motor vehicle shall be delivered or issued for delivery in this state, with respect to any motor vehicle registered or principally garaged in this state, unless coverage is provided in the policy or supplemental to the policy, in limits for bodily…”
Mason v. State Farm Mut. Auto. Ins., 714 P.2d 441 (Ariz. Ct. App. 1985).
· cites it 2× “We assume that the requirement for minimum insurance coverage (in this State $15,000 per person and $30,000 per occurrence, see A.R.S. § 28-1102), is a trade off by providing at least some protection to all motorists, while not placing the cost of such insurance beyond the reach…”
Employers Mut. Cas. Co. v. McKeon, 765 P.2d 513 (Ariz. 1988).
“hip, maintenance or use of a motor vehicle shall be delivered or issued for delivery in this state, with respect to any motor vehicle registered or principally garaged in this state, unless coverage is provided in the policy or supplemental to the policy, in limits for bodily…”
Stillman v. Am. Fam. Ins., 785 P.2d 114 (Ariz. Ct. App. 1990).
· cites it 2× “See A.R.S. §§ 28-1102(6) and 28-1170(B). Finally, we note that under the language of the American policy, if Danny Stillman’s injuries had not exhausted the $100,000 policy limit, the senior Stillmans’ claims for damages would be payable under the policy.”
EVENCHIC v. State Farm Ins. Co., 679 P.2d 99 (Ariz. Ct. App. 1984).
“intenance or use of a motor vehicle shall be delivered or issued for delivery in this state, with respect to any motor vehicle registered or principally garaged in this state, unless coverage is provided in the policy or supplemental to the policy, in limits for bodily injury or…”
Farmer v. Killingsworth, 424 P.2d 172 (Ariz. 1967).
· cites it 2× “The term “financial responsibility” is defined in A.R.S. § 28-1102(6). 2 The method of proving financial responsibility is outlined in A.”
Cagle v. Home Ins. Co., 483 P.2d 592 (Ariz. Ct. App. 1971).
· cites it 2× “Plaintiffs refer to A.R.S. § 28-1102 and § 28-1142 (1956) of the Uniform Motor Vehicle Safety Responsibility Act.”
— Ariz. Rev. Stat. § 28-1102(3) — 1 case
State v. Mitchell, 666 P.2d 486 (Ariz. Ct. App. 1983).
“Appellees, in support of the trial court’s ruling, rely primarily upon A.R.S. § 28-1102(3) which states: • “License” means any license, temporary instruction permit or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor…”
— Ariz. Rev. Stat. § 28-1102(4) — 1 case
State v. Mitchell, 666 P.2d 486 (Ariz. Ct. App. 1983).
“Appellees, in support of the trial court’s ruling, rely primarily upon A.R.S. § 28-1102(3) which states: • “License” means any license, temporary instruction permit or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor…”
— Ariz. Rev. Stat. § 28-1102(5) — 1 case
— Ariz. Rev. Stat. § 28-1102(6) — 5 cases
Green v. Mid-Am. Preferred Ins. Co., 751 P.2d 581 (Ariz. Ct. App. 1987).
“The language of subsection C is identical to that of subsection B which concerns uninsured motorist coverage.”
Stillman v. Am. Fam. Ins., 785 P.2d 114 (Ariz. Ct. App. 1990).
“See A.R.S. §§ 28-1102(6) and 28-1170(B). Finally, we note that under the language of the American policy, if Danny Stillman’s injuries had not exhausted the $100,000 policy limit, the senior Stillmans’ claims for damages would be payable under the policy.”
Farmer v. Killingsworth, 424 P.2d 172 (Ariz. 1967).
“The term “financial responsibility” is defined in A.R.S. § 28-1102(6). 2 The method of proving financial responsibility is outlined in A.”
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