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REFERENCE TITLE: traffic tickets; service; photo radar |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2400 |
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Introduced by Representatives Mosley: Stringer
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AN ACT
amending sections 28‑1593 and 28‑1602, Arizona Revised Statutes; relating to civil traffic violations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1593, Arizona Revised Statutes, is amended to read:
28-1593. Service of uniform traffic ticket and complaint
A. Except as provided in section 28‑1602 relating to photo enforcement detected violations, a traffic complaint may be served by delivering a copy of the uniform traffic ticket and complaint to the person charged with the violation or by any means authorized by the Arizona rules of civil procedure. At the discretion of the issuing authority, a complaint for a violation issued after an investigation in conjunction with a traffic accident may be sent by certified mail, return receipt requested and delivered to addressee only, to the address provided by the person charged with the violation. Service of the complaint is complete on filing the receipt in the court having jurisdiction of the violation.
B. The original complaint shall be filed in a court having jurisdiction of the violation within ten court days of after the time the complaint was issued. A peace officer, or duly authorized agent or someone paid to act on behalf of a traffic enforcement agency, may issue the traffic complaint.
Sec. 2. Section 28-1602, Arizona Revised Statutes, is amended to read:
28-1602. Photo enforcement violation; service of process; hand delivery to driver
A. Notwithstanding any other law, if a person receives a notice of violation in the mail for a violation of chapter 3, article 3 or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device that is obtained using a photo enforcement system, the person does not have to do either of the following:
1. Identify who is in the photo.
2. Respond to the notice of violation.
B. The notice of violation that is described in subsection A of this section must state the following:
1. The notice is not a court issued document and the recipient is under no obligation to identify the person or respond to the notice.
2. Failure to respond to the notice may result in official service that may result in an additional fee being levied.
C. In addition to any other means authorized by the Arizona rules of civil procedure, alternative service of process must be sent by certified mail with an additional copy by regular mail and a notice must be posted on the front door of the business or residence and, if present and accessible, a residence's garage door. Service of the complaint is complete on filing the mailing receipt and proof of posting in the court having jurisdiction of the violation. If a photo enforcement system detects a violation of chapter 3, article 3 or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device, Service of process is only complete by hand delivering a copy of the uniform traffic ticket and complaint to the person who was driving the vehicle at the time of the violation. Notwithstanding any other law, a person's driving privileges may not be suspended or revoked as a result of a citation uniform traffic ticket and complaint that is served by alternative service of process under in violation of this subsection.
D. If a law enforcement agency issues a citation as a result of a photo enforcement system and serves the citation in a manner other than what is prescribed by section 28‑1593, subsection A, the agency shall inform the person that there is no obligation to identify the driver or respond to the citation. Failure to respond to the citation will result in the probability that the person will be formally served pursuant to state law and the Arizona rules of civil procedure which will likely result in the person being required to pay the cost of the service.
E. D. For the purposes of this section:
1. "Notice of violation" means a notice issued by a photo enforcement company or municipality that is not a uniform traffic ticket or and complaint.
2. "Photo enforcement system" has the same meaning prescribed in section 28‑601.