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REFERENCE TITLE: civil traffic violations; procedures; penalties |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1455 |
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Introduced by Senator Petersen
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AN ACT
amending sections 28‑707, 28‑729, 28‑751, 28‑812, 28‑885 and 28‑1592, 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 28-707, Arizona Revised Statutes, is amended to read:
28-707. Charging speed violation; burden of proof; findings
A. In a charge of violating a speed restriction in this article, the complaint and the summons or notice to appear shall specify all of the following:
1. The speed at which the defendant is alleged to have driven and the maximum speed applicable within the district or at the location.
2. The identification of the defendant.
3. The date and time of the alleged violation.
4. The location of the alleged violation.
B. The provision of this article declaring maximum speed limitations does not relieve the plaintiff in any civil action, other than a civil action to impose a civil penalty, from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.
C. If a person is charged with a criminal offense, except for excessive speed under section 28‑701.02, or cited for a civil traffic violation under this article and if the person is operating a commercial motor vehicle as defined in section 28‑3001, the court, on conviction of the offense or on adjudication of the civil traffic complaint, shall make a finding based on either an admission or the evidence as to whether the speed that the vehicle was operated was fifteen miles per hour or more over the speed limit.
Sec. 2. Section 28-729, Arizona Revised Statutes, is amended to read:
28-729. Driving on roadways laned for traffic
If a roadway is divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent with this section apply:
1. A person shall drive a vehicle as nearly as practicable entirely within a single lane and shall not move the vehicle from that lane until the driver has first ascertained that the movement can be made with safety.
2. On a roadway that is divided into three lanes has a designated center lane, a person shall not drive a vehicle in the center lane except when: overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where
(a) The center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of the allocation.
(b) The person is preparing for a left turn. The person may not stay in the center lane beyond the next designated driveway or street that is available for the left turn.
3. Official signs may be erected directing slow‑moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every sign.
Sec. 3. Section 28-751, Arizona Revised Statutes, is amended to read:
28-751. Required position and method of turning
The driver of a vehicle intending to turn shall do so as follows:
1. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right‑hand curb or edge of the roadway.
2. Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left‑hand lane lawfully available to traffic moving in the direction of travel of the vehicle. If practicable the driver shall make the left turn from the left of the center of the intersection and shall make the turn to the left lane immediately available for the driver's direction of traffic.
3. The director or local authorities in their respective jurisdictions may cause markers, buttons or signs to be placed and may require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection. When markers, buttons or signs are so placed, a driver of a vehicle shall not turn a vehicle other than as directed and required by the markers, buttons or signs.
4. Two‑way left turn lanes. If a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic control devices:
(a) A driver shall not make a left turn from any other lane.
(b) A driver shall not drive a vehicle in the lane except if preparing for or making a left turn from or into the roadway or if preparing for or making a u‑turn if otherwise permitted by law.
(c) A driver shall not stay in the lane beyond the next designated driveway or street that is available for the left turn.
Sec. 4. Section 28-812, Arizona Revised Statutes, is amended to read:
28-812. Applicability of traffic laws to bicycle riders
A. A person riding a bicycle on a roadway or on a shoulder adjoining a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except special rules in this article and except provisions of this chapter and chapters 4 and 5 of this title that by their nature can have no application.
B. If a person is found responsible for a civil traffic violation resulting from operating a bicycle:
1. A department or agency of this state may not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked. A court may not transmit an abstract of the record of the violation to the department of transportation.
2. An insurer may not consider the violation as a moving traffic violation against the person for the purpose of establishing rates for motor vehicle liability insurance or determining the insurability of the person. an insurer may not cancel or refuse to renew an insurance policy because of the violation.
3. A report may not be made under section 28‑1559, subsection B.
Sec. 5. Section 28-885, Arizona Revised Statutes, is amended to read:
28-885. Civil traffic violation; civil penalty; recall of placards and plates; defense
A. If a law enforcement officer or a parking enforcement specialist employed by a local authority finds a motor vehicle in violation of this article, the person shall issue a complaint to the operator or other person in charge of the motor vehicle or, if an operator or person in charge is not present, to the registered owner of the vehicle for a civil traffic violation. A court or duly appointed hearing officer may impose on the operator, person in charge or owner of a vehicle parked in violation of this section a minimum civil penalty of fifty dollars plus the penalty assessments prescribed by statute.
B. If a person violates this article, the director may recall the placard or international symbol of access special plates issued to the person.
C. A person who is served with a complaint for a violation of this article is not subject to the civil penalty or assessments prescribed in subsection A of this section if the person produces in court a permanent disability or temporary disability removable windshield placard that was valid on the date of the violation.
Sec. 6. Section 28-1592, Arizona Revised Statutes, is amended to read:
28-1592. Commencement of action; original citation changes
A. A civil traffic violation case is commenced by issuance or filing of a uniform traffic ticket and complaint as provided in this article.
B. A civil traffic violation case shall be commenced as follows:
1. If a case is commenced by issuance, it shall be issued within sixty days of after the alleged violation.
2. If the case is commenced by filing, it shall be filed within sixty days of after the alleged violation and shall be served within ninety days from after the filing date.
3. Except as provided in paragraph 4 of this subsection, within one hundred eighty days of after the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident.
4. Within one year of after the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident resulting in death.
C. On an original citation, if a law enforcement officer changes the date, time or location of the violation, the name of the defendant or the section of law that is allegedly violated, the original citation is void and a new citation must be written and filed with the court within sixty days after the alleged violation. The new citation must be served by certified mail, return receipt requested, or in person pursuant to the rules of civil procedure.