Assigned to NRT                                                                                                                                           AS ENACTED

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FINAL REVISED

FACT SHEET FOR S.B. 1118

 

traffic survival school; notification

 

Purpose

 

Requires notice of mandatory traffic survival school completion be included with red light traffic violation citation. 

 

Background

 

Current law requires that drivers complete traffic survival school if they have been convicted for a red light traffic violation and are ineligible for defensive driving school. Failure to do so within 60 days of the order results in the indefinite suspension of the driver’s license until they successfully complete traffic survival school (A.R.S. 28-3306). According to the Arizona Department of Transportation (ADOT), it has become a common occurrence that defendants who opt to pay their fine by mail are unaware of their mandatory requirement to complete traffic survival school and subsequent license suspension. For this reason, the Arizona Administrative Office of the Courts suggests that this information be included on the bond envelope sent to the defendant. Numerous jurisdictions are now including this notice in the citation bond envelope, however, a number of jurisdictions are not.

 

Arizona traffic survival school program, administered by ADOT, attempts to modify the behavior of drivers by teaching them how to avoid adverse traffic situations through increasing their knowledge of Arizona traffic laws, defining their responsibilities while driving and improving their attitude toward safe driving. Traffic survival school should not be confused with defensive driving school, administered by the Arizona Supreme Court, that allows for the dismissal of a citation based on attendance. Drivers who are cited for certain traffic violations are eligible to attend defensive driving school once in a 24-month period.

           

S.B. 1118 requires a law enforcement officer or jurisdiction to provide a person found responsible or who enters a plea of responsible for a red light traffic violation with written notice of the requirement to successfully complete traffic survival school.

 

There is no anticipated fiscal impact to the state general fund associated with this bill.

 

Provisions

 

1.      Requires a law enforcement officer or jurisdiction to provide written notice of the requirement to successfully complete traffic survival school to a person found responsible or who enters a plea of responsible for a red light violation.

 

2.      Requires this written notice include a reference to red light violations, the person’s option to attend defensive driving school if eligible and a statement that the person will be further notified by ADOT Motor Vehicle Division (MVD) if required to attend traffic survival school.

 

3.      Requires a person found responsible for a red light traffic violation in a jurisdiction outside of Arizona to complete traffic survival school or defensive driving school.

 

4.      Makes technical and conforming changes.

 

5.      Provides for a general effective date.

 

Amendments Adopted by Committee of the Whole

 

·        Authorizes a jurisdiction to provide the written notice of mandatory traffic survival school.

 

Amendments Adopted by the House of Representatives

 

1.      Requires a person found responsible for a red light traffic violation in a jurisdiction outside of Arizona to complete traffic survival school or defensive driving school.

 

2.      Requires the written notice include a reference to red light violations, the person’s option to attend defensive driving school, if eligible, and a statement that the person be further notified by MVD if required to attend traffic survival school.

 

Amendments Adopted by Conference Committee

 

·        Makes technical and conforming changes.

 

Senate Action                                                            House Action

 

NRT                2/ 4/03     DP     7-0-0-0                      TRANS           3/10/03     DPA     9-1-0-2     

3rd Read           2/18/03              29-0-1-0                    PIC                  3/18/03     DP        8-0-0-0

Final Read        5/12/03              22-8-0-0                    Util&Maint       3/26/03      DP       8-0-0-1

                                                                                    3rd Read           4/10/03                  43-14-3-6

                                                                                    Final Read        5/13/03                  48-10-2-0

 

 

Signed by the Governor 5/19/03

Chapter 236

 

Prepared by Senate Staff

May 23, 2003