HB2366 - 522R

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

Section. 1. Section 28-601, Arizona Revised Statutes, is amended to read:

START_STATUTE28-601. Definitions

In this chapter, unless the context otherwise requires:

1. "Commercial motor vehicle" means a motor vehicle or combination of vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise, that is a commercial motor vehicle as defined in section 28‑5201 and that is not exempt from gross weight fees as prescribed in section 28‑5432, subsection B.

2. "Controlled access highway" means a highway, street or roadway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in the manner determined by the public authority that has jurisdiction over the highway, street or roadway.

3. "Crosswalk" means:

(a) That part of a roadway at an intersection included within the prolongations or connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in absence of curbs, from the edges of the traversable roadway.

(b) Any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface.

4. "Escort vehicle" means a vehicle that is required pursuant to rules adopted by the department to escort motor vehicles or combinations of vehicles that require issuance of a permit pursuant to article 18 or 19 of this chapter for operation on the highways of this state.

5. "Explosives" means any chemical compound, mixture or device that is commonly used or intended for the purpose of producing an explosion and that is defined in 49 Code of Federal Regulations part 173.

6. "Flammable liquid" means any liquid that has a flash point of less than one hundred degrees Fahrenheit and that is defined in 49 Code of Federal Regulations section 173.120.

7. "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle.

8. "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. If a highway includes two roadways thirty or more feet apart, each crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways thirty or more feet apart, each crossing of two roadways of the highways is a separate intersection.

9. "License" means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state that pertain to the licensing of persons to operate motor vehicles.

10. "Low emission and energy efficient vehicle" means a vehicle that has been certified by the United States environmental protection agency administrator in accordance with 23 United States Code section 166 or that is part of a federally approved pilot program.

11. "Motorized wheelchair" means any self‑propelled wheelchair that is used by a person for mobility.

12. "Official traffic control device" means any sign, signal, marking or device that is not inconsistent with this chapter and that is placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

13. "Park", if prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

14. "Photo enforcement system" means a device substantially consisting of a radar unit or sensor linked to a camera or other recording device that produces one or more photographs, microphotographs, videotapes or digital or other recorded images of a vehicle's license plate for the purpose of identifying violators of articles 3 and 6 of this chapter.

15. 14. "Pneumatic tire" means a tire in which compressed air is designed to support the load.

16. 15. "Pole trailer" means a vehicle that is all of the following:

(a) Without motive power.

(b) Designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle.

(c) Used ordinarily for transporting long or irregularly shaped loads such as poles, pipes or structural members capable generally of sustaining themselves as beams between the supporting connections.

17. 16. "Police officer" means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or other offenses.

18. 17. "Private road or driveway" means a way or place that is in private ownership and that is used for vehicular travel by the owner and those persons who have express or implied permission from the owner but not by other persons.

19. 18. "Railroad" means a carrier of persons or property on cars operated on stationary rails.

20. 19. "Railroad sign or signal" means a sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

21. 20. "Railroad train" means a steam engine or any electric or other motor that is with or without cars coupled to the steam engine or electric or other motor and that is operated on rails.

22. 21. "Roadway" means that portion of a highway that is improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, roadway refers to any such roadway separately but not to all such roadways collectively.

23. 22. "Safety zone" means the area or space that is both:

(a) Officially set apart within a roadway for the exclusive use of pedestrians.

(b) Protected or either marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

24. 23. "Sidewalk" means that portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines and that is intended for the use of pedestrians.

25. 24. "Stop", if required, means complete cessation from movement.

26. 25. "Stop, stopping or standing", if prohibited, means any stopping or standing of an occupied or unoccupied vehicle, except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or traffic control sign or signal.

27. 26. "Through highway" means a highway or portion of a highway at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and when stop signs are erected as provided in this chapter.

28. 27. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel.

29. 28. "Traffic control signal" means a device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

30. 29. "Truck" means a motor vehicle that is designed, used or maintained primarily for the transportation of property. END_STATUTE

Sec. 2. Section 28-627, Arizona Revised Statutes, is amended to read:

START_STATUTE28-627. Powers of local authorities

A. This chapter and chapters 4 and 5 of this title do not prohibit a local authority, with respect to streets and highways under its jurisdiction and within the reasonable exercise of the police power, from:

1. Regulating the standing or parking of vehicles.

2. Regulating traffic by means of police officers, traffic control signals or volunteer posse organization members authorized by the sheriff under section 11‑441 for the purpose of directing traffic only.

3. Regulating or prohibiting processions or assemblages on the highways.

4. Designating particular highways as one‑way highways and requiring that all vehicles on one‑way highways be moved in one specific direction.

5. Regulating the speed of vehicles in public parks.

6. Designating any highway as a through highway and requiring that all vehicles stop before entering or crossing the highway or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to the intersection.

7. Restricting the use of highways as authorized in section 28‑1106.

8. Regulating the operation of bicycles and requiring the registration and licensing of bicycles, including the requirement of a registration fee.

9. Regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections.

10. Altering the prima facie speed limits as authorized by this chapter.

11. Designating routes over streets and highways for vehicles not exceeding one hundred two inches in width, exclusive of safety equipment.

12. Adopting other traffic regulations that are specifically authorized by this chapter or chapter 4 or 5 of this title.

13. Designating routes on certain streets and highways for the purpose of allowing off‑highway vehicle operators to gain access to or from a designated off‑highway recreation facility as defined in section 28‑1171, off‑highway vehicle trail as defined in section 28‑1171 or off‑highway vehicle special event as defined in section 28‑1171.

B. A local authority shall not erect or maintain a stop sign or traffic control signal at any location that requires the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the director.

C. An ordinance or regulation enacted under subsection A, paragraph 4, 5, 6, 7, 9 or 10 of this section is not effective until signs giving notice of the local traffic regulations are posted on or at the entrances to the highway or part of the highway affected as is most appropriate.

D. The definition of motor vehicle prescribed in section 28‑101 does not prevent a local authority from adopting ordinances that regulate or prohibit the operation of motorized skateboards, except that a local authority shall not adopt an ordinance that requires registration and licensing of motorized skateboards. For the purposes of this subsection, "motorized skateboard" means a self‑propelled device that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground.

E. In addition to the appointment of peace officers, a local authority may provide by ordinance for the appointment of:

1. Unarmed police aides or municipally approved private contractors who are employed or contracted by the police department and who are empowered to commence an action or proceeding before a court or judge for a violation of the local authority's ordinances regulating the standing or parking of vehicles. A municipally approved private contractor shall not include a relative of an employee or of an elected official of the municipality. The authority of the unarmed police aide or municipally approved private contractor as authorized in this section is limited to the enforcement of the ordinances of local authorities regulating the standing or parking of vehicles. Pursuant to rules established by the supreme court, an unarmed police aide appointed pursuant to this paragraph may serve any process originating out of a municipal court in the municipality in which the unarmed police aide is employed. Service of process under this paragraph shall only be made during the hours the municipal court is open for the transaction of business and only on court premises. This paragraph does not grant to unarmed police aides or municipally approved private contractors other powers or benefits to which peace officers of this state are entitled.

2. Traffic investigators who may:

(a) Investigate traffic accidents within the jurisdiction of the local authority.

(b) Commence an action or proceeding before a court or judge for any violation of a state statute or local ordinance relating to traffic, if the violation is related to a traffic accident within the jurisdiction of the local authority.

(c) Pursuant to rules established by the supreme court, serve any process originating out of a municipal court in the municipality in which the traffic investigator is employed. Service of process under paragraph 1 of this subsection shall only be made during the hours the municipal court is open for the transaction of business and only on court premises.

F. A traffic investigator appointed pursuant to this section shall:

1. Be unarmed at all times during the course of the traffic investigator's duties.

2. Be an employee of the appointing local authority.

3. File written reports as required pursuant to section 28‑667.

G. Notwithstanding subsection E of this section, an unarmed police aide, a municipally approved private contractor or a traffic investigator shall not serve any process resulting from a citation issued for a violation of article 3 or 6 of this chapter or of a city or town ordinance for excessive speed or failure to obey a traffic control device that is obtained using a photo enforcement system an automated traffic safety device as defined in section 28-1201.

H. This section does not grant other powers or benefits to traffic investigators to which peace officers of this state are entitled.

I. Pursuant to section 28‑1092, a local authority shall provide reasonable access to and from terminals and service facilities on highways under its jurisdiction. END_STATUTE

Sec. 3. Section 28-857.01, Arizona Revised Statutes, is amended to read:

START_STATUTE28-857.01. Overtaking and passing school bus; report by school bus operator; notification letter

A. The operator of a school bus who observes a violation of section 28‑857, subsection A may prepare a signed written report that indicates that a violation occurred. The report shall include:

1. The date, time and approximate location of the violation.

2. The number and state of issuance of the license plate on the vehicle involved in the violation.

3. Identification of the vehicle as an automobile, a station wagon, a truck, a bus, a motorcycle or any other type of vehicle.

4. The color of the vehicle involved in the violation.

B. Within two days after the violation occurs, excluding weekends and holidays, the school bus operator shall send a copy of the report to the director. On receiving the report, the director shall promptly mail a notification letter to the last known registered owner of the vehicle. The letter shall include:

1. A notification containing the information included in the bus operator's report and stating that a vehicle registered in the vehicle owner's name was observed passing a school bus loading and unloading children.

2. A complete explanation of the provisions of section 28‑857.

3. An explanation that the notification letter is not a police citation but is an effort to call attention to the seriousness of the incident.

C. Notwithstanding any other law, a school district may install and operate an automated traffic safety device as defined in section 28-1201 that is affixed on a school bus and that is capable of detecting violations of section 28-857, subsection A. A school district may enter into an agreement with a private third party for the installation, operation, administration and maintenance of automated traffic safety devices. A school district may contract for the operation of an automated traffic safety device through an intergovernmental agreement with a governing body or a law enforcement agency. A school district shall share images obtained pursuant to this subsection with a governing body or a law enforcement agency. END_STATUTE

Sec. 4. Repeal

Title 28, chapter 3, article 21, Arizona Revised Statutes, is repealed.

Sec. 5. Title 28, chapter 3, Arizona Revised Statutes, is amended by adding a new article 21, to read:

ARTICLE 21. AUTOMATED TRAFFIC SAFETY DEVICES

START_STATUTE28-1201. Definitions

in this article, unless the context otherwise requires:

1. "Automated traffic safety device" means a device that is capable of detecting violations of article 3 or 6 of this chapter or section 28-857 and that both:

(a) Produces one or more images of the rear of a motor vehicle, including an image of the motor Vehicle's rear license plate.

(b) indicates the date, time and Location of the violation on the produced images.

2. "Governing body" means a state agency or local authority that is responsible for enforcing traffic violations within its jurisdiction.

3. "Owner" Means any of the following:

(a) A person in whose name a motor vehicle is registered at the time a violation that is detected by an automated traffic safety device occurs.

(b) if a motor vehicle that is registered by a rental or leasing company is being operated by a person under a rental or lease agreement, The person to whom the motor vehicle is rented or leased at the time a violation that is detected by an automated traffic safety device occurs.

(c) If a motor vehicle displays a dealer license plate, The person to whom the motor vehicle is assigned for use at the time a violation that is detected by an automated traffic safety device occurs. END_STATUTE

START_STATUTE28-1202. Operation

A. A governing body may:

1. authorize the use of an automated traffic safety device and may appoint one or more persons to serve as an Agent to administer the use of automated traffic safety devices.

2. enter into an agreement with a private third party for the installation, Operation, administration, maintenance and notice processing of automated traffic safety devices and to assemble and transmit the recorded images captured by an automated traffic safety device to a governing body or a law enforcement agency or its designated agent for review. this paragraph does not authorize the agent to participate in private investigative services.

3. contract for the operation of an automated traffic safety device through an Intergovernmental agreement with another governing body or a law enforcement Agency that is responsible for enforcing traffic violations within its jurisdiction.

b. If a governing body uses an automated traffic safety device, all of the following apply:

1. The owner of a motor vehicle commits a violation if the automated Traffic safety device produces one or more recorded images Of a motor vehicle in violation of article 3 or 6 of this chapter or section 28-857.

2. An Automated traffic safety device may take pictures only of the motor vehicle and motor Vehicle license plate and only while a violation is occurring. The image may not Intentionally reveal the face of the operator or of passengers in the vehicle. If a law enforcement officer, governing body or agent has made a reasonable effort to comply with this paragraph, a notice of violation issued pursuant to this article may not be dismissed only because an image reveals the face of the operator of or passengers in the vehicle.

3. A local law enforcement officer or governing body or agent Shall review and approve the recorded images before the notice of violation described in section 28-1204 is mailed to the owner of the motor vehicle.

4. Civil penalties shall be assessed pursuant to section 28‑1203. END_STATUTE

START_STATUTE28-1203. Violation; civil penalties; fees; distribution

A. For a violation of article 3 or 6 of this chapter or section 28-857 that is detected by an automated traffic safety device, the violator is subject to a civil penalty as follows:

1. except as provided in paragraph 2 of this subsection, For a violation of article 3 or 6 of this chapter, a civil penalty not to exceed one hundred fifty dollars.

2. For a violation of section 28-701.02, a civil penalty of at least two Hundred dollars.

3. For a violation of section 28-857:

(a) For a first violation, A civil penalty not to exceed two hundred fifty dollars.

(b) For a second violation within a twelve‑month period, a civil penalty of at least five hundred dollars.

(c) For a third or subsequent violation within a twelve‑month period, a civil penalty of at least seven hundred fifty dollars.

B. A court may increase the civil penalty minimums and maximums prescribed by subsection A of this section in an amount not to exceed the percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last civil penalty increase occurred.

C. The violator shall pay the civil penalty within either:

1. Thirty days after the issuance date of the notice of violation, unless a defense described in section 28-1205 applies.

2. Sixty Days after the issuance date of the notice of violation, if a notice of violation is Required to be mailed or electronically transferred pursuant to section 28-1205, subsection C, paragraph 3.

D. the payment of civil penalties and associated costs and fees may be made electronically.

E. A governing body Shall impose fees associated with the electronic processing of the payment Of a civil penalty imposed pursuant to this section.

F. Notwithstanding section 28-1554, civil penalties collected pursuant to this section shall be used to defray the costs of the installation, operation and maintenance of automated traffic safety devices and the remaining monies shall be distributed As follows:

1. Fifty percent shall be paid to the department of education for distribution to district and charter schools for school safety and educational purposes.

2. Fifty percent shall be either:

(a) Retained by the local authority If the governing body is a local authority.

(b) Deposited in the state general fund If the governing body is a state agency. END_STATUTE

START_STATUTE28-1204. Notice of violation

A. after an automated traffic safety device detects a violation pursuant to this article, a governing body shall mail to the owner of the Motor vehicle involved in the violation a notice of violation by First class mail. The notice must be postmarked within thirty days after the governing body obtains the name and Address of the owner of the motor vehicle and within one hundred twenty Days after the date of the violation. If there is more than one owner, the governing body may mail the notice to the first person listed on the vehicle registration or title or jointly to all owners.

B. The notice shall include the following information:

1. The name and address of the person alleged to be responsible for the violation.

2. The license plate number of the motor vehicle.

3. The specific law that was violated.

4. The location and the date and time of the violation.

5. The images of the motor vehicle and the license plate that were captured by the Automated traffic safety device and information on how to view the images through electronic Means.

6. A statement or electronically generated affirmation of the law enforcement Officer or designated governing body employee or agent who reviewed the Recorded images and determined that the motor vehicle Committed the violation.

7. A statement that recorded images from an automated traffic safety device are prima facie evidence of a violation of Article 3 or 6 of this chapter or section 28-857.

8. The amount of the civil penalty imposed for the violation and the Time, place and manner for payment of the civil penalty, including the date by which the person Must do one of the following:

(a) Pay the civil penalty if the person does Not choose to contest the violation.

(b) Notify the governing body that the notice of violation is being contested. The person must request a hearing to contest the notice of Violation within thirty days after the issuance date of the Notice of violation.

9. The procedure under which the notice of violation may be contested or the Procedure and conditions under which responsibility for payment of the civil penalty may Be transferred to another person who was operating the motor vehicle at the time of the Violation.

10. A statement that if the owner who is responsible for the violation was not the operator of the motor Vehicle at the time of the violation, the owner may maintain an action for Indemnification against the operator of the motor vehicle at the time of the violation.

11. A statement that failure to timely pay, contest or transfer responsibility to Another person constitutes an admission that the person is responsible, and that failure To pay a civil penalty for which the person is determined to be responsible shall result in the Inability to obtain or renew the registration of the motor vehicle involved or to obtain or Transfer its title, or for the person held to be responsible to obtain or renew a Driver license, permit or nonresident driving privilege unless the civil penalty is paid. END_STATUTE

START_STATUTE28-1205. Presumption; defenses

A. an owner is presumed to have committed a violation of article 3 or 6 of this chapter or section 28‑857 if the owner's motor vehicle is visible in an image that is captured by an automated traffic safety device.

B. In a proceeding for a violation of article 3 or 6 of this chapter or section 28-857 that is detected by an automated traffic safety device, the following defenses apply:

1. The traffic control signal was not operating properly and the nonoperation is observable on the recorded image.

2. The operator of the motor vehicle was complying with an order or direction of a law enforcement Officer and the order or direction is observable on the recorded image.

3. The operator of the motor vehicle was yielding the right-of-way to an authorized emergency vehicle that is observable on the recorded image.

4. The operator of the motor vehicle was participating in a funeral procession that is Observable on the recorded image.

5. A traffic citation was issued to the operator of the motor vehicle for the Same violation by a law enforcement officer who was present at the scene.

6. In the discretion of the law enforcement officer or the governing body or agent reviewing the recorded image before issuance of a notice of violation, it was not Possible for the operator of the motor vehicle to safely avoid committing the violation due to Inclement weather conditions.

7. The violation occurred after the motor vehicle or License plate was stolen, the motor vehicle theft was reported to the appropriate law enforcement agency and a copy of the theft Report is produced and authenticated.

8. The violation occurred when the motor vehicle was in the care, custody Or control of a person other than the owner or an employee of the owner or under a written agreement for the rental or lease of the motor Vehicle for a period of not more than sixty days.

C. the following provisions apply to a defense under subsection B, paragraph 8 of this section:

1. The owner must provide to the governing body a sworn affidavit that is signed under penalty of perjury and that contains the name and address of the person who had the care, custody or control of The motor vehicle, including an employee of the owner, or who was renting or Leasing the motor vehicle at the time of the violation.

2. it is a rebuttable presumption that the Person having the care, custody or control of the motor vehicle at the time of the Violation was the operator of the motor vehicle at the time of the violation.

3. The governing body shall mail or electronically Transfer a notice of violation to the person identified as having the care, custody Or control of the motor vehicle at the time of the violation. the notice of violation shall contain all of the following information:

(a) The information prescribed by section 28-1204.

(b) A statement that the person receiving the notice of violation was identified by the owner Of the motor vehicle as the person having the care, custody or control of the motor Vehicle at the time of the violation.

(d) A statement that if the person denies having the care, custody or control of the motor vehicle at the time of the violation, the responsibility reverts to the owner of the motor vehicle.

4. a person who receives a notice of violation prescribed by paragraph 3 of this subsection is responsible for payment of the civil penalty unless the person either:

(a) Timely returns a signed statement on a form provided with the notice of violation that the person was not the operator and declines responsibility.

(b) Admits to being the operator but denies committing a violation, in which case The person may offer a defense that is listed in subsection B of this section.

5. If the person identified by the owner as having the Care, custody or control of the motor vehicle denies having the care, custody or Control of the motor vehicle at the time of the violation, the responsibility reverts to The owner of the motor vehicle.

6. The owner may not attempt to transfer responsibility more than one time Using the defense prescribed by subsection B, paragraph 8 of this section.

d. If a person other than the owner denies responsibility, the governing body shall issue a new notice of violation to the owner Stating that the other person denied responsibility and giving the owner the option Of paying the civil penalty or contesting the notice of violation within twenty days after the mailing of the new notice of violation.

e. if the owner who is responsible for the violation was not the operator of the motor Vehicle at the time of the violation, the owner may maintain an action for Indemnification against the operator of the motor vehicle at the time of the violation. END_STATUTE

START_STATUTE28-1206. Final notice of unpaid civil penalty

If a violation detected by an automated traffic safety device is not contested and the civil penalty is not Paid, the governing body shall send to the person who is the registered Owner of the motor vehicle a final notice of the unpaid civil penalty, unless there is an adjudication that no violation occurred or There is a lawful determination that no civil penalty shall be imposed. The FINAL Notice shall inform the registered owner of the following:

1. The governing body will notify the department if the assessed penalty is not paid within Thirty days after the final notice was mailed.

2. The notice will result in the nonrenewal of the registration of the Motor vehicle, cause the title of the motor vehicle involved in the violation to not be Transferred and cause the person held responsible for the violation to be Ineligible to obtain or renew a driver license or permit or nonresident driving privilege until the civil penalty is paid. END_STATUTE

START_STATUTE28-1207. Unpaid civil penalties; notice to department; notice to motor vehicle owner

A. not sooner than thirty days after a final Notice is mailed as prescribed in section 28-1206, The governing body shall notify the department of the following:

1. Any information known or available to the governing body Concerning the license plate number and year of registration and the name of the Owner of the motor vehicle.

2. The date on which the violation occurred.

3. The date on which the final notice prescribed in section 28‑1206 was mailed.

B. If the department receives a notice pursuant to this section, the department may not renew The registration of the motor vehicle or transfer the title of the motor vehicle involved in the Violation. The department shall promptly suspend the responsible person's driver license or permit, application or privilege to apply for a driver license or permit or the nonresident driving privilege until the civil penalty is paid.

C. The department shall mail a Notice to the person in whose name the motor vehicle is registered that informs the person that all of the following apply until the person pays the civil penalty that is due:

1. The registration of the motor vehicle involved in the violation will not be renewed.

2. The title of the motor vehicle involved in the violation will not be transferred.

3. The person held responsible for the violation may not obtain Or renew a driving privilege. END_STATUTE

START_STATUTE28-1208. Arrest or incarceration prohibited

A person may not be arrested or incarcerated for not paying a civil penalty that is imposed pursuant to this article. END_STATUTE

START_STATUTE28-1209. Recorded images

A. Recorded images, documents and data that are produced by an automated traffic Safety device are not public records.

B. The recorded images that are produced by an automated traffic safety device must be Destroyed within ninety days after the final disposition of the case to which they pertain, Including any appeals, unless otherwise ordered by a court of competent Jurisdiction.

C. a governing body shall destroy All recorded images that are produced by an automated traffic safety device and that do not identify a violation within thirty days after the date the image was recorded, unless Otherwise ordered by a court of competent jurisdiction. END_STATUTE

START_STATUTE28-1210. Exemption; first responders

A motor vehicle in use by a first responder in the line of duty is exempt from any enforcement action or measure resulting from an automated traffic safety device. END_STATUTE

START_STATUTE28-1211. Warning signs; device placement

A. Before enforcing violations of article 3 or 6 of this chapter that are detected by an automated traffic safety device, the governing body Shall install an advanced warning sign within five hundred feet along the approach of any Roadway at which a fixed automated traffic safety device is located. The advanced Warning sign shall notify motorists of the existence of the automated traffic Safety device and shall comply with the department's manual on Uniform traffic control devices.

B. For automated traffic safety devices located at intersection Traffic control signals, all yellow light signal times shall meet standards contained In the most recent edition of the department's manual on uniform Traffic control devices.

C. An automated traffic safety device that is used to detect violations of article 3 or 6 of this chapter may not be placed on a Street or highway within six hundred feet of a posted speed limit change except that an automated traffic safety device may be placed in an area around a school Crossing that is delineated by signs as prescribed by section 28-797, subsection d. END_STATUTE

START_STATUTE28-1212. Suspension or revocation of license

Notwithstanding any other law, if a person is found responsible for a violation of Article 3 or 6 of this chapter or section 28-857 and the violation is detected by an Automated traffic safety device, the department may not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked. A court may transmit abstracts of records of these violations to the department only for commercial driver license holders. END_STATUTE

Sec. 6. Section 28-1601, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1601. Failure to pay civil penalty; suspension of privilege to drive; collection procedure

A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty due and, if so, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver, the person's application or privilege to apply for a driver license or permit or the privilege of a nonresident to drive a motor vehicle in this state, until the civil penalty is paid.

B. Notwithstanding subsection A of this section, if a civil penalty is paid on entry of judgment, the court may reduce the civil penalty by up to five per cent percent of the penalty imposed.

C. Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty, notify the department to suspend a person's driver license, permit or privilege to drive a motor vehicle in this state or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following apply:

1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty‑six months before the court initiates collection proceedings.

2. The court does not have a paper or electronic record dated within thirty‑six months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due.

3. The court has not notified the department to suspend the responsible person's driver license or permit or privilege to drive a motor vehicle in this state.

4. The court has not notified either the responsible person or the department about the court's request to the department to refuse to renew the responsible person's vehicle registration pursuant to article 5 of this chapter.

5. The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments.

D. If the court is prohibited from initiating collection procedures on an unpaid civil penalty, from notifying the department to suspend a person's driver license, permit or privilege to drive a motor vehicle in this state or from notifying the department to refuse to renew a vehicle registration, pursuant to subsection C of this section, the court shall notify the department and the department shall remove the violation from the person's driving record.

E. With the approval of the supreme court, the presiding judge of any court may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties and surcharges. Notwithstanding any other law, except a fine ordered as a result of a violation of section 28‑1381 or 28‑1382, the program may include authorizing up to a fifty per cent percent reduction in the total amount of a court ordered fine, penalty or surcharge that is due and that is delinquent for at least twelve months followed by an increased enforcement effort for a fine, penalty or surcharge that is not paid. The supreme court shall adopt rules of procedure for the programs.

F. If penalties are reduced pursuant to subsection E of this section, associated surcharges and assessments shall be reduced in proportion to the reduction. This subsection does not apply to section 12‑116.

G. If a person presents reasonable evidence to the court that a civil penalty and any other fees, fines or surcharges required by the court have been paid, the court shall cease its collection activities for that civil penalty and order the department to immediately rescind its actions related to the court's order or request to suspend the person's driver license, permit or privilege to drive pursuant to subsection A of this section or, to refuse to renew the person's vehicle registration pursuant to article 5 of this chapter or to refuse to transfer the vehicle title. END_STATUTE

Sec. 7. Repeal

Section 28-1602, Arizona Revised Statutes, is repealed.