28-413. Reciprocal driver license agreement; foreign countries; expedited license for foreign military members; applicability
A. The department may waive the requirements for a written examination and the driving examination required pursuant to section 28-3164 for an operator of a motor vehicle who holds a valid driver license issued by a foreign country in which the operator previously resided and who applies for an initial driver license in this state as an original applicant, if all of the following conditions are met:
1. The director determines that the standards of the foreign country for licensing operators of motor vehicles are substantially similar to those of this state.
2. The foreign country extends the same reciprocal driver license application privileges to persons licensed in this state.
3. The director and the foreign country have exchanged letters or other documentation to confirm the reciprocal extension of privileges to operate motor vehicles.
4. The original applicant under this section complies with the mandatory motor vehicle insurance provisions of chapter 9, articles 1 and 4 of this title.
B. A person who holds a valid driver license that meets the requirements of subsection A of this section may apply to the department for a class D, G or M license. The person applying for the original license shall present the foreign country driver license to the department on successful application.
C. The department shall publish on its public website a current list of foreign countries for which reciprocal operating privileges have been extended and withdrawn.
D. The department shall issue a class D or M license to and shall waive the written examination and the driving examination required pursuant to section 28-3164 for an active duty member of the armed forces of a foreign country who is stationed in this state if all of the following conditions are met:
1. The foreign country in which the person is serving as an active duty member of the armed forces is a member of the North Atlantic treaty organization that recognizes reciprocal driver permits or licenses.
2. The active duty member is at least eighteen years of age and under seventy-six years of age.
3. If the active duty member is not a citizen of the United States, the active duty member presents to the department documentation issued by the United States agency responsible for citizenship and immigration authorizing the active duty member to be in the United States.
4. The active duty member has military orders to be stationed within this state.
E. A license issued pursuant to subsection D of this section expires on the same date as the expiration of the document issued by the United States agency responsible for citizenship and immigration authorizing the active duty member of the armed forces to be in the United States.
F. This section does not apply to commercial driver licensing.
Notes of Decisions
Cited in
9
cases, 1968–1997 · leading case:
Evenstad v. State, 875 P.2d 811 (Ariz. Ct. App. 1993).
Evenstad v. State, 875 P.2d 811 (Ariz. Ct. App. 1993).
· cites it 12× “” A.R.S. § 28-413. Appellants further point out that A.”
State v. Superior Court of Maricopa Cy., 681 P.2d 1384 (Ariz. 1984).
· cites it 13× “In that suit, respondents alleged that in violation of A.R.S. § 28-413 the petitioner had negligently issued a driver’s license to Tillman, and that this negligence was a cause of Mrs.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “Ariz. Rev. Stat. Ann. § 28-413 (A)(1) (Supp.”
Tellez v. Saban, 933 P.2d 1233 (Ariz. Ct. App. 1996).
· cites it 2× “section 28-413. Indeed, had Sabans inquired, Fernandez might have revealed that her license had been revoked for DUI violations.”
Fidelty Sec. Life Ins. v. State, 935 P.2d 861 (Ariz. Ct. App. 1997).
· cites it 4× “In Evenstad , the Motor Vehicle Division ("MVD") had neglected to promulgate regulations implementing A.R.S. § 28-413(A)(4), a statute that prohibited issuing a driver's license to an "habitual drunkard.”
Principal Cas. Ins. v. Progressive Cas. Ins., 838 P.2d 1306 (Ariz. Ct. App. 1992).
· cites it 2× “See A.R.S. § 28-413(A)(l) (1984) (amended 1990) (minimum age for operator’s license sixteen; minimum age for restricted operator’s license fifteen).”
McDowell v. Davis, 442 P.2d 856 (Ariz. Ct. App. 1968).
· cites it 2× “However, we cannot agree with -plaintiff’s contention that a license ’issued as in Davis’ case in violation of A.R.S. § 28-413 is void. Neither ■§ 28-420, nor any of the related sections on the subject, purport to make a license so obtained void.”
Ordway v. Pickrell, 543 P.2d 444 (Ariz. 1975).
· cites it 2× “A.R.S. § 28-413 What persons shall not be licensed, provides in part: “The department [Department of Transportation] shall not issue a license: [t]o a person, as an operator or chauffeur, who is required by the provisions of the motor vehicle financial responsibility laws of…”
Thomas v. Arizona Dep't of Transp., 698 P.2d 1298 (Ariz. Ct. App. 1985).
· cites it 6× “The Department denied the license under A.R.S. § 28-413 on the basis that it had good cause to believe that the operation of a motor vehicle on the highways by appellant would be inimical to public safety or welfare.”
— Ariz. Rev. Stat. § 28-413(A)(4) — 2 cases
Evenstad v. State, 875 P.2d 811 (Ariz. Ct. App. 1993).
“” A.R.S. § 28-413. Appellants further point out that A.”
Fidelty Sec. Life Ins. v. State, 935 P.2d 861 (Ariz. Ct. App. 1997).
“In Evenstad , the Motor Vehicle Division ("MVD") had neglected to promulgate regulations implementing A.R.S. § 28-413(A)(4), a statute that prohibited issuing a driver's license to an "habitual drunkard.”
— Ariz. Rev. Stat. § 28-413(A)(8) — 1 case
Thomas v. Arizona Dep't of Transp., 698 P.2d 1298 (Ariz. Ct. App. 1985).
“The Department denied the license under A.R.S. § 28-413 on the basis that it had good cause to believe that the operation of a motor vehicle on the highways by appellant would be inimical to public safety or welfare.”
— Ariz. Rev. Stat. § 28-413(A)(l) — 1 case
Principal Cas. Ins. v. Progressive Cas. Ins., 838 P.2d 1306 (Ariz. Ct. App. 1992).
“See A.R.S. § 28-413(A)(l) (1984) (amended 1990) (minimum age for operator’s license sixteen; minimum age for restricted operator’s license fifteen).”
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