PREFILED JAN 14 2019
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REFERENCE TITLE: text messaging while driving; prohibition |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2069 |
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Introduced by Representative Kavanagh
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AN ACT
amending title 28, chapter 3, Arizona Revised Statutes, by adding article 22; relating to traffic and vehicle regulation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 3, Arizona Revised Statutes, is amended by adding article 22, to read:
ARTICLE 22. TEXT MESSAGING WHILE DRIVING
28-1211. Text messaging while driving; prohibition; exceptions
A. A person may not operate a motor vehicle on a highway while using a wireless communication device to manually write or send a written message.
B. This section does not apply to any of the following:
1. Law enforcement and safety personnel while in performance of official duties.
2. Drivers of authorized emergency vehicles while in performance of official duties.
3. The use of a wireless communication device for global positioning or navigation services.
28-1212. Nonmoving violation; civil penalties; accident reports
A. A violation of this article is a nonmoving civil traffic violation.
B. If a person commits a first violation of this article and the person is not involved in a motor vehicle accident, the person is subject to a civil penalty of $100.
C. If a person commits a second or subsequent violation of this article and the person is not involved in a motor vehicle accident, the person is subject to a civil penalty of $300.
D. If a person violates this article and the person is involved in a motor vehicle accident, the person is subject to a civil penalty of $500 except that if the accident results in the death of another person, the person is subject to a civil penalty of $10,000.
E. If a person is cited for violating this article, the person is involved in a motor vehicle accident and a written accident report is required pursuant to article 4 of this chapter, the law enforcement officer investigating the accident shall indicate on the written accident form the person's use of a wireless communication device to manually write or send a written message at the time of the accident.