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Assigned to TRANSIT FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
driving violations; restricted licenses; penalties
Purpose
Effective January 1, 2019, outlines procedures, permissions and penalties for restricted driving privileges. Allows a court to mitigate civil penalties imposed for civil traffic violations and prescribes criteria considered for mitigation.
Background
Current statute directs the Arizona Department of Transportation (ADOT) to revoke, suspend or cancel a person's driver license for various traffic offenses, for not paying ordered court fines, for failure to appear in traffic court, for failure to carry statutorily required proof of financial responsibility, or if a person has failed to make required family support payments for at least six months (A.R.S. §§ 25-518; 28-661; 28-1387; 28-1401; and 28-4145). In some instances, the person may apply to ADOT for a restricted driver license, which allows the driver to operate a vehicle only to specified locations or for specified purposes, depending on the violation causing the driver license restriction. A restricted driver license may also preclude the driver from operating certain types of vehicles, limit the driver's ability to drive in certain areas or during certain times, or prohibit a commercial driver from operating certain types of vehicles for which the driver did not pass the relating portion of the driving exam (A.R.S. § 28-3159).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Restricted Driver Licenses
1. Consolidates current statutory restricted driver licenses and establishes restricted driving privileges as a limitation for the following purposes:
a) between the person's residence and workplace during specified work periods;
b) between the person's residence or workplace and school according to the person's schedule;
c) between the person's residence, workplace or school and a health professional office;
d) between the person's residence, workplace or school and scheduled appointments for screening, education or treatment;
e) between the person's residence, workplace or school and scheduled probation appointments;
f) between the person's residence, workplace or school and a certified ignition interlock device service facility;
g) between the person's residence and designated location for parenting time; and
h) to transport a person's dependent between a shared residence and the dependent's employment, school or medical appointment.
2. Classifies, as a class 1 misdemeanor, the penalty for operating a motor vehicle on a public highway if the person's driving privileges are suspended, revoked, canceled or refused.
3. Excludes a person who is a holder of a commercial driver license from obtaining restricted driving privileges.
4. Grants the court the option to restrict a person's driving privileges for unpaid civil penalties until a civil penalty is paid, rather than suspend the driver license or permit.
5. Directs ADOT to suspend or restrict a person's driving privileges for unpaid fines, surcharges or assessments by a person who appears in court until owed monies are paid.
6. Removes the application process for a restricted driver license for a person whose license was suspended for a violation of driving on a suspended, revoked or canceled driver license.
7. Prohibits a person from operating a motor vehicle on a public highway with a driver license suspended for failure to pay imposed civil penalties or appear for a scheduled traffic court appearance and subjects a violator to a civil traffic violation.
8. Allows a court to dismiss a citation for driving on a driver license suspended for failure to pay imposed civil penalties or appear for a scheduled traffic court appearance, if the person's unrestricted driving privileges have since been reinstated.
9. Allows a person driving on suspended class D or M license before January 1, 2011, to apply for restricted driving privileges and directs ADOT to issue restricted driving privileges if the person:
a) completes all court-imposed sentence requirements;
b) satisfies all imposed driver license suspension periods; and
c) pays the applicable reinstatement fee.
10. Removes the requirement that a peace officer cause the removal and immobilization or impoundment of a vehicle if the driver's driving privileges are suspended.
11. Provides the court the option to restrict, rather than suspend, a person's driving privileges if a person violated statutory mandatory financial responsibility requirements, if ADOT verifies the person has come into compliance with requirements.
Civil Penalties
12. Allows a judge to mitigate a civil penalty for a traffic violation if the person demonstrates the penalty to be a hardship on the person or the person's family.
13. Allows the court to consider the following factors in determining mitigation of a civil penalty for a traffic violation:
a) the civil penalty's impact on the person's ability to pay restitution;
b) if the civil penalty would cause a financial hardship for the person or the person's family;
c) if the person receives Temporary Assistance for Needy Families or Supplemental Nutrition Assistance;
d) if the person receives supplemental security income benefits;
e) if the person is authorized for employment and is seeking, obtaining or maintaining employment; and
f) if the person is in school.
14. Specifies that civil penalty mitigation does not apply to the Citizens Clean Elections surcharge imposed on all civil and criminal fines and penalties.
Miscellaneous
15. Classifies, as a civil traffic violation, operating a motor vehicle in violation of a requirement to wear corrective lenses.
16. Specifies that this legislation applies to cases in which the defendant or violator has not been sentenced or assessed a civil penalty on January 1, 2019, and offenses that occur on or after January 1, 2019.
17. Makes technical and conforming changes.
18. Becomes effective on January 1, 2019.
House Action
TI 1/24/18 DPA 8-0-0-0
3rd Read 2/7/18 56-0-3-0-1
Prepared by Senate Research
February 23, 2018
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