Bill
Number: H.B. 2159
Worsley
Floor Amendment #2
Reference
to: House engrossed bill
Amendment
drafted by: Cassandra Undhagen
FLOOR
AMENDMENT EXPLANATION
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.
Prohibits
a class G licensee from using a portable wireless communication device while
operating a vehicle for any reason except in an emergency or while using an
audible turn-by-turn navigation system.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10. Prohibits
a peace officer from taking possession of or inspecting the portable wireless
communication device unless otherwise authorized by law.
11. 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.
12. 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.
13. Requires
the driver license written examination to test the knowledge of the effect
distracted driving has on the operation of a motor vehicle.
14. Defines
terms.
15. Makes technical and
conforming changes.
Page 1, between lines 1 and 2, insert:
"Section 1. Title 28, chapter 3, article 15, Arizona
Revised Statutes, is amended by adding section 28-913, to read:
START_STATUTE28-913. Use
of portable wireless communication device while driving; prohibition;
violation; classification; fines; definitions
A. An
operator may not use a portable wireless communication device to read, write or
send an electronic message while operating a motor vehicle unless the vehicle
is stopped. To be prosecuted for a violation of this section, the behavior
must be committed in the presence of or within the view of a peace officer or
be established by other evidence.
B. It
is an affirmative defense to a prosecution under this section that the operator
used a portable wireless communication device:
1. In
conjunction with a hands-free device.
2. To
navigate using a global positioning system or navigation system.
3. To
report illegal activity, summon emergency help or enter information into a
software application that provides information relating to traffic and road
conditions to users of the application.
4. To
read an electronic message that the person reasonably believes concerns an
emergency.
5. That
was permanently or temporarily affixed to the vehicle to relay information in
the course of the operator's occupational duties between the operator and
either:
(a) A
dispatcher.
(b) A
digital network or software application service.
6. To
activate a function that plays music.
C. This
section does not apply to:
1. An
operator of an authorized emergency or law enforcement vehicle who uses a
portable wireless communication device while acting in an official capacity.
2. An
operator who is licensed by the federal communications commission while
operating a radio frequency device other than a portable wireless communication
device.
D. A
person who violates this section is guilty of:
1. A
petty offense and is subject to a fine as follows:
(a) At
least twenty‑five dollars but not more than ninety‑nine dollars for
a first offense.
(b) At
least one hundred dollars but not more than two hundred dollars for a second or
subsequent offense.
2. A
class 2 misdemeanor if the violation caused the death of or serious bodily
injury to another person and, notwithstanding section 13‑802, is subject
to a fine of not more than four thousand dollars.
E. If
conduct constituting a violation under this section also violates another law,
the person may be prosecuted under this section or the other law or both.
F. The
department shall post a sign at each point at which an interstate highway or
United States highway enters into this state that informs an operator that
both:
1. The
use of a portable wireless communication device for electronic messaging while
operating a motor vehicle is prohibited in this state.
2. The
operator is subject to a fine if the operator uses a portable wireless
communication device for electronic messaging while operating a motor vehicle
in this state.
G. A
peace officer who stops a motor vehicle for an alleged violation of this
section may not take possession of or otherwise inspect a portable wireless
communication device in the possession of the operator unless otherwise
authorized by law.
H. A
department or agency of this state may not consider a conviction for a
violation of this section for the purpose of determining whether the person's
driver license should be suspended or revoked. A court may not transmit
abstracts of records of violations of this section to the department.
I. An
insurer may not consider a violation of this section for the purposes of
establishing rates for motor vehicle liability insurance or determining the
insurability of the person. An insurer may not cancel or refuse to renew a
policy of insurance because of the violation.
J. For
the purposes of this section:
1. "Electronic
message" means data that is read from or entered into a wireless
communication device for the purpose of communicating with another person.
2. "Hands-free
device":
(a) Means
speakerphone capability, a telephone attachment or another function or other
piece of equipment regardless of whether permanently installed in or on a
wireless communication device or in a motor vehicle that allows use of the
wireless communication device without use of either of the operator's hands
except to activate or deactivate a function of the wireless communication
device or hands-free device.
(b) Includes
voice‑operated technology and a push‑to‑talk function."
Renumber to
conform
Page 12,
between lines 35 and 36, insert:
"Sec. 5.
Section 28-3154, Arizona Revised Statutes, is amended to read:
START_STATUTE28-3154. Instruction
permit for a class D or G license
A. A
person who is at least fifteen years and six months of age may apply to the
department for an instruction permit for a class D or G license. The
department may issue an instruction permit to the applicant after the applicant
successfully passes all parts of the examination other than the driving test.
B. The
instruction permit entitles the permittee to drive a motor vehicle requiring a
class D or G license on the public highways for twelve months when both of the
following conditions are met:
1. The
permittee has the permit in the permittee's immediate possession.
2. The
permittee is accompanied by a person who has a class A, B, C or D license, who
is at least twenty‑one years of age and who occupies a seat beside the
permittee.
C. A
permittee may not drive a motor vehicle while using a wireless communication
device for any reason except during an emergency in which stopping the motor
vehicle is impossible or will create an additional emergency or safety
hazard. A peace officer may not stop or issue a citation to a person
operating a motor vehicle on a highway in this state for a violation of this
subsection unless the peace officer has reasonable cause to believe there is
another alleged violation of a motor vehicle law of this state. END_STATUTE
Sec. 6. Section
28-3164, Arizona Revised Statutes, is amended to read:
START_STATUTE28-3164. Original
applicants; examination
A. The
department may do any of the following:
1. Examine
an applicant for an original driver license.
2. Accept
the examination conducted by an authorized third party pursuant to chapter 13
of this title. Beginning July 1, 2014, the third party must be authorized
pursuant to section 28‑5101.01 or 28‑5101.03.
3. Accept
documentation of successful completion of a driver training course approved by
the department. Beginning July 1, 2014, for a class D or G license the
documentation must be provided by a third party authorized pursuant to section
28‑5101.02.
4. Accept
documentation that the applicant has successfully completed education on
special performance equipment and medically related driving circumstances.
Beginning July 1, 2014, the documentation must be provided by a third party
authorized pursuant to section 28‑5101.02.
5. Accept
documentation that the applicant has successfully completed driver education
lessons provided by an instructor who is certified by the superintendent of
public instruction.
B. The
examination shall include all of the following:
1. A
test of the applicant's:
(a) Eyesight.
(b) Ability
to read and understand official traffic control devices.
(c) Knowledge
of safe driving practices and the traffic laws of this state, including those
practices and laws relating to bicycles.
(d) Knowledge
of the effect of using a portable wireless communication device or engaging in
other actions that could distract a driver on the safe or effective operation
of a motor vehicle.
2. An
actual demonstration of ability to exercise ordinary and reasonable control in
the operation of a vehicle or vehicle combination of the type covered by the
license classification or endorsement for which the applicant applies.
3. Other
physical and mental examinations if the department finds them necessary to
determine the applicant's fitness to safely operate a motor vehicle on the
highways.
C. The
department may examine an original applicant for a class M license or a
motorcycle endorsement or the department may accept the examination conducted
by an authorized third party pursuant to chapter 13, article 1 of this title or
documentation of successful completion of a motorcycle training program
approved by the department. Beginning July 1, 2014, the
documentation of successful completion of a motorcycle training program must be
provided by a third party motorcycle driver license training provider
authorized pursuant to section 28‑5101.02 or a motorcycle training
program approved by the department and provided in another state or by the
United States military. The department may examine an applicant who
has a motorcycle license from another jurisdiction. This examination
shall be the same as for all applicants, except that the department may make modifications
it finds necessary to determine the applicant's fitness to operate a
motorcycle, motor driven cycle or moped on the highways.
D. The
department shall examine a person who holds a driver license issued by another
country and who applies for an initial license in this state as an original
applicant, except that the department may waive an actual demonstration of the
ability to exercise ordinary and reasonable control in the operation of a motor
vehicle if the person applies for a class D or G license and appears to meet
the department's medical qualifications and if the out‑of‑state
license is not revoked or is not expired for more than one year.
E. The
department may waive the driving examination for initial applicants for a class
M license or a motorcycle endorsement if all of the following conditions exist:
1. The
applicant's current license indicates the applicant has been specifically
licensed to operate a motorcycle.
2. The
applicant appears to meet the department's medical qualifications.
3. The
applicant's out‑of‑state license is not revoked or is not expired
for more than one year. END_STATUTE
Sec. 7. Section
28-3174, Arizona Revised Statutes, is amended to read:
START_STATUTE28-3174. Class
G driver licenses; restrictions; civil penalties; violation; classification;
fines; motorcycles
A. A
person who is under eighteen years of age may apply to the department for a
class G driver license if all of the following apply:
1. The
person is at least sixteen years of age.
2. The
person has a valid instruction permit issued pursuant to this article and the
person has held the instruction permit for at least six months, except that
this requirement does not apply to a person who has a currently valid driver
license issued by another jurisdiction.
3. Either:
(a) The
person has satisfactorily completed a driver education program that is approved
by the department of transportation. If the driver education program
is offered by a public high school, the program shall be approved by the
department of transportation in consultation with the department of education.
(b) A
custodial parent or guardian of the person certifies in writing to the
department that the applicant has completed at least thirty hours of supervised
driving practice and that at least ten of the required practice hours were at
night.
B. If
the applicant successfully passes the examination prescribed in section 28‑3164
and satisfies the requirements prescribed in subsection A of this section, the
department may issue a class G driver license to the applicant.
C. Except
as provided in subsection D of this section, a class G driver license entitles
the licensee to drive a motor vehicle that requires a class G license on the
public highways.
D. Except
as provided in subsection K L of
this section, for the first six months that a class G licensee holds the
license, the licensee shall not drive a motor vehicle on a public highway from
12:00 a.m. to 5:00 a.m. unless either:
1. The
licensee is accompanied by a parent or legal guardian who has a class A, B, C
or D license and who occupies a seat beside the class G licensee.
2. The
licensee is driving directly to or from a sanctioned school sponsored activity,
the licensee's place of employment, a sanctioned religious activity or a family
emergency.
E. Except
as provided in this subsection and subsection K L of
this section, for the first six months that a class G licensee holds the
license, the licensee shall not drive a motor vehicle on a public highway at
any time if the licensee is driving a motor vehicle containing more than one
passenger under the age of eighteen. This restriction does not:
1. Prohibit
the licensee from driving a motor vehicle containing passengers under the age
of eighteen if the passengers are the licensee's siblings.
2. Apply
if the licensee is accompanied by a parent or legal guardian who has a class A,
B, C or D license and who occupies a seat beside the class G licensee.
F. Except as provided in subsection K of this section, for the first six
months that a class G licensee holds the license, The licensee may not
drive a motor vehicle while using a portable wireless
communication device for any reason except either:
1. During
an emergency in which stopping the motor vehicle is impossible or
will create an additional emergency or safety hazard.
2. When
using an audible turn‑by‑turn navigation system if both of the
following apply:
(a) The
destination is not manually entered into the wireless communication device
while the licensee is driving the motor vehicle.
(b) The
licensee does not manually adjust the wireless communication device while
driving the motor vehicle.
G. The
restrictions imposed pursuant to subsection F of this section do not apply to a
person who is licensed by the federal communications commission while the
person operates a radio frequency device other than a portable wireless
communication device.
G. H. A
peace officer shall not stop or issue a citation to a person operating a motor
vehicle on a highway in this state for a violation of subsection D, E or F of
this section unless the peace officer has reasonable cause to believe there is
another alleged violation of a motor vehicle law of this state.
H. I. If
a licensee is found responsible for violating subsection D, or E or F of this section, the licensee:
1. For
a first violation, is subject to a maximum civil penalty of seventy-five
dollars. The department shall extend the restriction prescribed by
subsection D, or E or F of this section for thirty days, or if the restriction
prescribed by subsection D, or
E or F of this section is complete, the thirty day
restriction begins on the department's receipt of the report of the finding of
responsibility.
2. For
a second violation, is subject to a maximum civil penalty of one hundred
dollars. The department shall extend the restriction prescribed by
subsection D, or E or F of this section for sixty days, or if the restriction
prescribed by subsection D, or
E or F of this section is complete, the sixty day
restriction begins on the department's receipt of the report of the finding of
responsibility. If at the time of the second violation the licensee
is subject to an extension of the six month period pursuant to paragraph 1 of
this subsection, the extensions run consecutively.
3. For
a third or subsequent violation, is subject to a maximum civil penalty of one
hundred dollars. On the department's receipt of the report of the finding of
responsibility, the department shall suspend the licensee's driving privilege
for thirty days. If the licensee also has a suspension resulting
from a moving civil traffic violation or a moving criminal traffic offense as
prescribed by section 28‑3321, the suspensions run consecutively.
I. J. A
citation issued for violating subsection D of this section shall be dismissed
if the licensee to whom the citation was issued produces any of the following
evidence to the appropriate court officer on or before the date and time
specified on the citation for court appearance and in a manner specified by the
court:
1. A
written, notarized letter from the parent or legal guardian of the licensee
that the licensee was going to or returning from a sanctioned school sponsored
activity, the licensee's place of employment, a sanctioned religious activity
or a family emergency.
2. A
written, notarized letter from a representative of the sanctioned school
sponsored activity certifying that the licensee was returning from the school
activity.
3. A
written, notarized letter from the licensee's employer certifying that the
licensee was returning from the licensee's place of employment.
4. A
written, notarized letter from a representative of the sanctioned religious
activity certifying that the licensee was returning from the religious
activity.
J. K. A
citation issued for violating subsection E of this section shall be dismissed
if the licensee to whom the citation was issued produces a written, notarized
letter from the parent or legal guardian of the licensee to the appropriate
court officer on or before the date and time specified on the citation for
court appearance and in a manner specified by the court that states the
passengers in the vehicle with the licensee at the time of the violation were
the siblings of the licensee.
K. L. The
restrictions imposed by subsection D,
or E or F of this section do not apply beginning on
the licensee's eighteenth birthday. Any penalties or restrictions imposed
pursuant to subsection H I of
this section shall be fully satisfied even if the licensee is eighteen years of
age or older.
L. M. A
person who holds a class G driver license may apply for a class D license on or
after the person's eighteenth birthday, except that a person whose class G
driver license is suspended pursuant to section 28‑3321 is not entitled
to receive a class D driver license until after the suspension period expires.
M. N. If
a person who is under eighteen years of age and at least sixteen years of age
applies for a class M license or a motorcycle endorsement, the department shall
not issue the class M license or motorcycle endorsement to the person unless
both of the following apply:
1. The
applicant has held an instruction permit issued pursuant to section 28‑3156
for at least six months, except that this requirement does not apply to a
person who has a currently valid motorcycle driver license or endorsement
issued by another jurisdiction.
2. Either:
(a) The
person has satisfactorily completed a motorcycle driver education program that
is approved by the department. If the driver education program is
offered by a public high school, the program shall be approved by the
department of transportation in consultation with the department of education.
(b) A
custodial parent or guardian of the person certifies in writing to the
department that the applicant has completed at least thirty hours of motorcycle
driving practice.
O. A
person who is under seventeen years of age and who has a class M license or a
motorcycle endorsement may not drive a motorcycle while using a portable
wireless communication device for any reason except during an emergency. The
restrictions imposed pursuant to this subsection do not apply to a person who
is licensed by the federal communications commission while the person operates
a radio frequency device other than a portable wireless communication device.
P. A
person who violates subsection F or O of this section is guilty of a petty
offense and is subject to a fine as follows:
1. At
least twenty‑five dollars but not more than ninety‑nine dollars for
a first offense.
2. At
least one hundred dollars but not more than two hundred dollars for a second or
subsequent offense.”
Renumber to
conform
Amend title to conform