Assigned to TRANSIT
AS VETOED
Assigned to TRANSIT
AS VETOED
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
VETOED
AMENDED
commercial license; defensive driving school
Purpose
Effective September 1, 2019, 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 a court to forward ADOT an abstract record of judgement against a CDL holder who is eligible to attend defensive driving school.
3. Requires ADOT to include a civil traffic violation on a CDL holder's driving license.
4. Prohibits ADOT or a state agency from considering a civil traffic violation when determining if a person's driver license should be suspended or revoked.
5. Prohibits a court from imposing a civil penalty for a traffic citation if a CDL holder successfully completes a course at a defensive driving school.
6. Requires an insurer of private passenger motor vehicle liability insurance to consider a traffic citation as a dismissed traffic citation if a CDL holder successfully completes a course at a defensive driving school.
7. Allows an insurer of a commercial motor vehicle to consider a traffic citation for underwriting and rating purposes for a vehicle policy.
8. Specifies that a CDL holder is included in the surcharge requirement for a court authorized diversion program.
9. Specifies that a CDL holder is included in the requirement that the presiding judge of each court set the amount of the court diversion assessment for defensive driving school.
10. 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.
11. Makes technical and conforming changes.
12. Becomes effective on September 1, 2019.
Amendments Adopted by the Committee of a Whole
1. Outlines requirements for courts and ADOT relating to abstract records of judgement against a CDL holder.
2. Prohibits imposition of a civil penalty or consideration of a citation for determining suspension or revocation of a driver license.
3. Specifies an insurer must consider the citation as a dismissed traffic citation except for insuring a commercial motor vehicle.
4. Specifies that a CDL holder is subject to the current statutory surcharge and assessments for defensive driving school
5. Removes the requirement that a CDL holder's record be disclosed.
6. Makes technical and conforming changes.
7. Delays the effective date to September 1, 2019.
Governor's Veto Message
The Governor indicates in his veto message that legislation increasing teacher pay is a higher priority.
House Action Senate Action
TI 1/31/18 DP 8-0-0-0 TRANSIT 2/27/18 DP 7-0-0
3rd Read 2/12/18 58-0-1-0-1 3rd Read 4/09/18 28-0-2
Vetoed by the Governor 4/20/18
Prepared by Senate Research
April 23, 2018
KN/CU/lb