Assigned to TRANSIT FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
commercial license; defensive driving school
Purpose
Allows an eligible individual who holds a commercial driver license (CDL) to attend defensive driving school.
Background
A person with an Arizona issued CDL is required to report a conviction of state law or local ordinance relating to motor vehicle traffic to the Arizona Department of Transportation (ADOT) within 30 days and to the person's employer within 10 days. If a person's driver license is suspended or revoked, or if the person's driving privileges of a commercial motor vehicle is suspended, in any state, the person is required to report the information to the person's employer before the end of the next business day. A violation is classified as a class 3 misdemeanor (A.R.S. §§ 28-3227 and 28-3481).
If a person with a noncommercial driver license is convicted of a civil traffic moving violation and successfully completes a defensive driving course at a certified defensive driving school, the court dismisses the citation and ADOT is prohibited from creating a record of the citation. The court may require an individual who holds a CDL to attend a defensive driving school for a civil traffic moving violation. However, a court may not dismiss the citation and is required to report it to ADOT (A.R.S. §§ 28-3392; 28-3393; and 28-3394).
There is no anticipated fiscal impact on the state General Fund associated with this legislation.
Provisions
1. Allows a CDL holder to attend defensive driving school if the person was operating a noncommercial vehicle for noncommercial purposes at the time of the violation.
2. Requires the record of a CDL holder's attendance of defensive driving school for a civil or criminal traffic violation to be accessible and disclosed for federal transportation law and insurance purposes.
3. Prohibits ADOT from including the record of a traffic citation that was dismissed following successful completion of defensive driving school in determining suspension or revocation of a person's driver license for frequent traffic violations indicating disrespect or disregard for traffic laws and safety.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
House Action
TI 1/31/18 DP 8-0-0-0
3rd Read 2/12/18 58-0-1-0-1
Prepared by Senate Research
February 23, 2018
KN/CU/lb