Arizona § 28-369 Law enforcement powers; ports of entry; violation; classification

Arizona Statutes

§ 28-369 — Law enforcement powers; ports of entry; violation; classification

Arizona § 28-369

Title 28Arizona Revised Statutes

Ch. 2ADMINISTRATION

Art. 3Director of the Department of Transportation

This text of Arizona § 28-369 (Law enforcement powers; ports of entry; violation; classification) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 28-369 (2026).

Text

A.The director and officers, agents and employees of the department or local or state law enforcement agencies the director designates are peace officers. The director may designate:

1.Regular peace officers with like authority of other peace officers of this state or cities and towns of this state.

2.Specialty peace officers whose powers are limited to the enforcement of motor vehicle laws and rules.

B.The director and designated officers, agents and employees may exercise the powers prescribed in subsection A of this section throughout this state.

C.A regular peace officer designated pursuant to subsection A, paragraph 1 of this section:

1.Shall meet the minimum qualifications established for peace officers pursuant to section 41-1822.

2.Except as provided in title 38, chapt

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A. The director and officers, agents and employees of the department or local or state law enforcement agencies the director designates are peace officers. The director may designate:

1. Regular peace officers with like authority of other peace officers of this state or cities and towns of this state.

2. Specialty peace officers whose powers are limited to the enforcement of motor vehicle laws and rules.

B. The director and designated officers, agents and employees may exercise the powers prescribed in subsection A of this section throughout this state.

C. A regular peace officer designated pursuant to subsection A, paragraph 1 of this section:

1. Shall meet the minimum qualifications established for peace officers pursuant to section 41-1822.

2. Except as provided in title 38, chapter 5, article 4, is not eligible to participate in the public safety personnel retirement system.

D. A peace officer who is designated by the department pursuant to subsection A of this section:

1. Has the primary duties of protecting this state's transportation infrastructure and promoting road safety through the enforcement of state and federal commercial motor carrier laws and rules and of conducting vehicle inspections and investigations of fraud, abuse and misconduct pursuant to state law.

2. May not enforce a violation of chapter 3, articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of this title if the violation is committed by the operator of a noncommercial motor vehicle unless the peace officer determines that a failure to enforce the violation could result in a substantial risk of imminent death or serious physical injury.

E. This section does not preempt the authority and jurisdiction of established agencies and political subdivisions of this state.

F. A mobile port of entry may be operated only within twenty-five road miles of a fixed port of entry in this state unless state or municipal law enforcement agencies request assistance for commercial motor vehicle enforcement to streamline operations or combine enforcement resources for compliance, education or training or to ensure safe, secure and efficient commercial transportation across this state.

G. A peace officer as defined in section 41-1701 or a peace officer designated pursuant to subsection A of this section may require a vehicle that is subject to the fee in section 28-5433 or the requirements of sections 28-2321, 28-2322, 28-2323 and 28-2324 to stop at a port of entry in this state for the purpose of enforcing a motor vehicle law prescribed in this title. A person who fails to stop as required by this subsection is guilty of a class 1 misdemeanor.