State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2260: commercial license; defensive driving school

PRIME SPONSOR: Representative Toma, LD 22

BILL STATUS: House Engrossed

 

Legend: ADOT – Arizona Department of Transportation CDL – Commercial Driver License CMV – Commercial Motor Vehicle Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to CDL holders and defensive driving diversion programs.

Provisions

1.       Instructs the court to allow a CDL holder who is issued a citation for a civil traffic moving violation while driving a vehicle requiring an operator or motorcycle license for non-commercial purposes to participate in a defensive driving diversion program. (Sec. 1)

2.       Stipulates that a court's use of a defensive driving diversion program must comply with federal transportation laws. (Sec. 1)

3.       Limits the omission of a traffic citation from an individual's driving record to a driving record for the purpose of discretionary license suspension or revocation for multiple moving violations. (Sec. 2)

4.       Asserts that a record of the civil or criminal traffic citation for which a CDL holder attends a defensive driving school is not confidential for the purposes of federal transportation laws and insurance. (Sec. 2)

5.       Makes a conforming change. (Sec. 1)

Current Law

If an eligible motorist successfully completes the course at a defensive driving school, the court must dismiss the civil or criminal traffic violation and ADOT cannot include a record of the citation on the individual's driving record. A motorist cannot attend a defensive driving school more than once in a year, or if the traffic violation resulted in death or serious physical injury. The dismissal of a traffic citation pursuant to a defensive driving diversion program does not preclude the introduction of evidence pertaining to the issuance of the citation in a civil or criminal proceeding (A.R.S. § 28-3392).

A CDL holder or a driver of a CMV that requires a CDL may be sentenced to attend a defensive driving school for a moving violation, but is not eligible for the defensive driving diversion program. The court cannot dismiss the conviction or finding of responsibility upon completion of defensive driving school, and the violation must be reported on the individual's driving record (A.R.S. § 28-3392). 

A driver of a CMV who has a CDL issued by Arizona and is convicted of any traffic violation, other than a parking violation, must notify ADOT within 30 days of the date of conviction and notify the person's employer within 10 days of the date of conviction. A driver whose license is suspended, revoked or canceled or who loses the privilege to drive a CMV for any period of time must notify the person's employer before the end of the next business day (A.R.S. § 28-3227). A person who fails to report the above information or who drives a CMV in Arizona without a valid CDL or CDL endorsement is guilty of a Class 3 misdemeanor (30 days/$500 plus Surcharges) (A.R.S. § 28-3481).

 

 

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Fifty-third Legislature                  HB 2260

Second Regular Session                               Version 3: House Engrossed

 

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