REFERENCE TITLE: text messaging while driving; prohibition

State of Arizona Senate Fifty-first Legislature First Regular Session 2013

SB 1218

Introduced by Senator Farley; Representatives Campbell, Steele: Senator Tovar

 

AN ACT

 

amending title 28, chapter 3, Arizona Revised Statutes, by adding article 22; relating to text messaging while driving.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 28, chapter 3, Arizona Revised Statutes, is amended by adding article 22, to read:

ARTICLE 22.  TEXT MESSAGING WHILE DRIVING

START_STATUTE28-1211.  Text messaging while driving; prohibition; exceptions

A.  A person shall not operate a motor vehicle on a highway while using a wireless communication device to send or receive a written message.

B.  This section does not apply to any of the following:

1.  Law enforcement and safety personnel while in performance of official duties.

2.  Drivers of authorized emergency vehicles while in performance of official duties.

3.  The use of a wireless communication device for the sole purpose of communicating with any of the following regarding an emergency situation:

(a)  An emergency response operator.

(b)  A provider of ambulance services.

(c)  A provider of firefighting services.

(d)  A law enforcement agency. END_STATUTE

START_STATUTE28-1212.  Nonmoving violation; civil penalties; accident reports

A.  A violation of this article is a nonmoving civil traffic violation.

B.  If a person commits a first violation of this article and the person is not involved in a motor vehicle accident, the person is subject to a civil penalty of one hundred dollars.

C.  If a person commits a second or subsequent violation of this article and the person is not involved in a motor vehicle accident, the person is subject to a civil penalty of three hundred dollars.

D.  If a person violates this article and the person is involved in a motor vehicle accident, the person is subject to a civil penalty of three hundred dollars.

E.  If a person is cited for violating this article, the person is involved in a motor vehicle accident and a written accident report is required pursuant to article 4 of this chapter, the law enforcement officer investigating the accident shall indicate on the written accident form the person's use of a wireless communication device to send or receive a written message at the time of the accident. END_STATUTE

Sec. 2.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.