Assigned to TRANSIT FOR
COMMITTEE
Assigned to TRANSIT FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
texting while driving; prohibition
Purpose
Prohibits the use of a portable wireless communication device while operating a vehicle.
Background
A motorist operating a vehicle on Arizona highways must adhere to the traffic and vehicle regulations outlined in statute. The violation of any traffic and vehicle regulation is classified as a civil penalty, unless otherwise statutorily deemed as a criminal offense (A.R.S. §§ 28-621 and 28‑622).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits an operator from using a portable wireless communication device to read, write or send an electronic message while operating a motor vehicle.
2. Classifies the penalty for using a portable wireless communication device while operating a vehicle as:
a) a petty offense and a fine of at least $25 and not more than $99 for a first offense;
b) a petty offense and a fine of at least $100 and not more than $200 for a subsequent offense; or
c) a class 2 misdemeanor and a fine of not more than $4000 if the offense of the defendant caused the death or serious bodily injury to another person.
3. Establishes the following circumstances as an affirmative defense to prosecution of a violation of using a portable wireless communication device while operating a vehicle:
a) the use in conjunction with a hands-free device;
b) the use of a global positioning or navigation system to navigate;
c) the report of illegal activity, call for emergency help or entering traffic and road information through a software application;
d) the reading of an emergency message;
e) the relay of information in the course of the operator's occupational duties, if the device was attached to the vehicle; or
f) the activation of a music function.
4. Requires the offense to be committed in the presence or within view of a peace officer or to be established by other evidence for a person to be prosecuted.
5. Permits a person to be prosecuted under state law pertaining to the use of a portable wireless communication device while operating a vehicle, another law, or both if the violation also violates another law.
6. Excludes the following operators from prohibition of the use of a portable wireless communication device:
a) an operator of an authorized vehicle using a portable wireless communication device while acting in an official capacity; and
b) an operator licensed by the Federal Communications Commission while operating a radio frequency device other than a portable wireless communication device.
7. Requires the Arizona Department of Transportation (ADOT) to post a sign at all highway entry points into Arizona that informs an operator of state law pertaining to the use of a portable wireless communication device while operating a vehicle.
8. Prohibits a peace officer from taking possession of or inspecting the portable wireless communication device unless otherwise authorized by law.
9. Prohibits a state agency or department from:
a) Considering a violation of state law pertaining to use of a portable wireless communication device while operating a vehicle in determining suspension or revocation of a person's driver license; and
b) transmitting abstract records of violation to ADOT.
10. Prohibits an insurer from establishing motor vehicle liability rates, determining insurance eligibility or refusing to renew a policy due to a violation of state law pertaining to the use of a portable wireless communication device while operating a vehicle.
11. Requires the driver license written examination to test the knowledge of the effect distracted driving has on the operation of a motor vehicle.
12. Prohibits a person who is under the age of 17 and has a class M license or motorcycle endorsement from using a portable wireless communication device while operating a motorcycle for any reason except an emergency.
13. Defines terms.
14. Makes technical and conforming changes.
15. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2018
KN/CU/lb