ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2260: commercial license; defensive driving school |
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PRIME SPONSOR: Representative Toma, LD 22 BILL STATUS: Senate Engrossed |
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Relating to CDL holders and defensive
driving diversion programs.
Provisions
1. Instructs the court to allow a CDL holder who is issued a civil traffic citation while driving a non-CMV to participate in a defensive driving diversion program. (Sec. 2)
2. Requires the court to do the following if a CDL holder successfully completes a defensive driving program:
a. Forward an abstract record of judgement for the violation to ADOT;
b. Not impose a civil penalty for the violation; and
c. Assess the $5 surcharge on court-ordered diversion programs for traffic offenses, to be collected by the court or diversion program. (Sec. 1, 4)
3. Requires defensive driving schools to collect the court diversion fee and $45 surcharge from a CDL holder who attends a defensive driving school. (Sec. 5)
4. Directs ADOT to include the violation on the CDL holder's driving record. (Sec. 4)
5. Prohibits ADOT from considering a violation for which a CDL holder successfully completed defensive driving school for discretionary license suspension or revocation. (Sec. 4)
6. Instructs insurers to consider the citation in the same manner as a citation that was dismissed after a driver completes a defensive driving program for private passenger motor vehicle liability insurance. (Sec. 4)
7. Permits insurers to consider the citation for underwriting and rating any policy covering a CMV. (Sec. 4)
8. Contains an effective date of September 1, 2019. (Sec. 6)
9. Makes conforming changes. (Sec. 2 & 3)
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 (A.R.S. § 28-3392).
The presiding judge of each court sets the amount of the court diversion fee for an individual who attends a defensive driving school, as well as charges a $45 surcharge. Payment of the diversion fee and surcharge is in lieu of payment of a civil penalty or criminal fine and any surcharge for a traffic violation (A.R.S. § 28-3396). The court is also required to assess a $5 surcharge for a court-authorized diversion program, to be collected by the court or diversion program and deposited in the Judicial Collection Enhancement Fund (A.R.S. § 12-114).
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 4: Senate Engrossed
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