Chapter 0112 - 541R - S Ver of HB2318

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-672, Arizona Revised Statutes, is amended to read:

START_STATUTE28-672. Causing serious physical injury or death by a moving violation; time limitation; penalties; violation; classification; definition

A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the following and the violation results in an accident causing serious physical injury or death to another person:

1. Section 28‑645, subsection A, paragraph 3, subdivision (a).

2. Section 28‑729.

3. Section 28‑771.

4. Section 28‑772.

5. Section 28‑773.

6. Section 28‑792.

7. Section 28‑794.

8. Section 28‑797, subsection F, G, H or I.

9. Section 28‑855, subsection B.

10. Section 28‑857, subsection A.

11. Section 28-914.

B. A person who violates this section shall attend and successfully complete traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department. In addition, the court may order the person to perform community restitution.

C. The court shall report a conviction for a violation of this section to the department and:

1. For a first violation of this section, may direct the department to suspend the person's driving privilege for not more than one hundred eighty days if the violation results in serious physical injury and not more than one year if the violation results in death.

2. For a second or subsequent violation of this section within a period of thirty‑six months, shall direct the department to suspend the person's driving privilege for one hundred eighty days if the violation results in serious physical injury and one year if the violation results in death.

D. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of this section, the suspension period prescribed in subsection C of this section shall run consecutively with the other suspension period.

E. If a person fails to successfully complete traffic survival school educational sessions or perform community restitution pursuant to this section, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied.

F. If the person who suffers serious physical injury as a result of a violation of this section appears before the court in which the action is pending at any time before trial and acknowledges receipt of satisfaction for the injury, on payment of the costs incurred, the court shall order that the prosecution be dismissed and the defendant be discharged. The reasons for the order shall be set forth and entered of record, and the order shall be a bar to another prosecution for the same offense.

G. Restitution awarded pursuant to section 13‑603 as a result of a violation of this section shall not exceed one hundred thousand dollars $100,000.

H. A prosecution for a violation of this section must be commenced within two years after actual discovery of the offense by the state or the political subdivision having jurisdiction or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.

I. A person who violates this section is guilty of a class 1 misdemeanor.

J. For the purposes of this section, "serious physical injury" has the same meaning prescribed in section 13‑105.END_STATUTE

Sec. 2. Title 28, chapter 3, article 15, Arizona Revised Statutes, is amended by adding section 28-914, to read:

START_STATUTE28-914. Use of portable wireless communication device while driving; prohibition; civil penalty; state preemption; definitions

A. Unless a motor vehicle is parked or stopped pursuant to section 28‑645, subsection a, paragraph 3 or section 28‑851, a person may not operate a motor vehicle on a street or highway if the person does either of the following:

1. Physically holds or supports with any part of the person's body either of the following:

(a) A portable wireless communication device, except that a person may use a portable wireless communication device with an earpiece, headphone device or device worn on a wrist to conduct a voice‑based communication.

(b) A stand‑alone electronic device.

2. Writes, sends or reads any text‑based communication, including a text message, instant message, e‑mail or internet data, on a portable wireless communication device or stand‑alone electronic device. This paragraph does not apply to either of the following:

(a) The use of voice-based communications, including through the use of a portable wireless communication device or stand-alone electronic device, to direct the writing, sending, reading or other communicating of any text-based communication.

(b) The use of a portable wireless communication device or stand‑alone device when used in a hands-free manner for:

(i) Navigation of the motor vehicle.

(ii) Use of a global positioning system.

(iii) Obtaining motor vehicle information or information related to driving a motor vehicle.

B. This section does not prohibit the operation of a motor vehicle while using a device, including a device that is accessible through an interface that is embedded in a motor vehicle, that allows communication without the use of either of the driver's hands, except to activate or deactivate a function of the device.

C. This section does not apply to:

1. An operator of an authorized emergency, law enforcement or probation 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.

3. An operator who uses a two-way radio or private land mobile radio system, within the meaning of 47 code of federal regulations part 90, while in the performance and scope of the operator's work-related duties and who is operating a fleet vehicle or who possesses a commercial driver license.

4. An operator who uses a portable wireless communication device either:

(a) To report illegal activity or summon emergency help.

(b) That was permanently or temporarily affixed to the motor vehicle to relay information in the course of the operator's occupational duties between the operator and either:

(i) A dispatcher.

(ii) A digital network or software application service.

D. Beginning january 1, 2021, a person who violates this section is subject to a civil penalty as follows:

1. At least $75 but not more than $149 for a first violation.

2. At least $150 but not more than $250 for a second or subsequent violation.

E. 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 while operating a motor vehicle is prohibited in this state.

2. The operator is subject to a civil penalty if the operator uses a portable wireless communication device in violation of this section while operating a motor vehicle in this state.

F. A peace officer who stops a motor vehicle for an alleged violation of this section may not:

1. Take possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless otherwise authorized by law.

2. Issue a citation for a violation of this section before january 1, 2021 and may issue only a warning beginning on the effective date of this section through december 31, 2020.

G. except as provided in section 28-3312, A department or agency of this state may not consider a violation of this section for the purpose of determining whether the person's driver license should be suspended or revoked.

H. The regulation and use of portable wireless communication devices while operating a motor vehicle are of statewide concern. From and after december 31, 2020, the regulation of portable wireless communication devices pursuant to this section and their use while operating a motor vehicle is not subject to further regulation by a county, city, town or other political subdivision of this state. From and after december 31, 2020, a regulation by a county, city, town or other political subdivision that violates this subsection, whether enacted before or after january 1, 2021, is void.

I. For the purposes of this section:

1. "Portable wireless communication device":

(a) Means a cellular telephone, a portable telephone, a text‑messaging device, a personal digital assistant, a stand‑alone computer, a global positioning system receiver or a substantially similar portable wireless device that is used to initiate or receive communication, information or data.

(b) Does not include a radio, citizens band radio, citizens band radio hybrid, commercial two‑way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device or in‑vehicle security, navigation or remote diagnostics system.

2. "Stand‑alone electronic device" means a portable device other than a portable wireless communication device that stores audio or video data files to be retrieved on demand by a user. END_STATUTE

Sec. 3. Section 28-963, Arizona Revised Statutes, is amended to read:

START_STATUTE28-963. Image display device; prohibition; exceptions; definition

A. A While a person is driving a motor vehicle and the motor vehicle is in motion on a public roadway or on an off‑highway vehicle trail as defined in section 28‑1171, the person shall not:

1. View a broadcast television image or a visual image from an image display device while that person is driving a motor vehicle and the motor vehicle is in motion on a public roadway or on an off‑highway vehicle trail as defined in section 28‑1171 within the motor vehicle unless the visual image is a static background image or imagery in support of mapping services or applications.

2. Watch a video or movie on a portable wireless communication device or stand‑alone electronic device other than watching data related to the navigation of the motor vehicle, except that a person may view data related to the navigation of the motor vehicle, vehicle information or information related to driving a motor vehicle.

3. Record or broadcast a video on a portable wireless communication device or stand‑alone electronic device, except that the person may use the devices for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.

B. A person shall not operate a motor vehicle with an image display device that is visible to a driver seated in a normal driving position when the vehicle is in motion.

C. This section does not apply to any of the following:

1. Emergency vehicles.

2. Image display devices that do any of the following:

(a) Display images that provide a driver with navigation and related traffic, road and weather information.

(b) Provide vehicle information, controls or information related to driving a vehicle.

(d) Permit a driver to monitor the vehicle occupants seated behind the driver.

(e) Display information intended to enhance traffic safety.

3. Image display devices that are built into the motor vehicle and that do not display images to a driver while the vehicle is in motion.

4. Image display devices that are portable and are not used to display dynamic visual images other than for purposes of navigation or global positioning to a driver while the vehicle is in motion.

5. Image display devices present in vehicles of a public service corporation or any political subdivision of this state and used for service or maintenance of its facilities.

6. Any use of an image display device while the vehicle is parked.

D. For the purposes of this section: ,

1. "Image display device" means equipment capable of displaying to the driver of a motor vehicle rapidly changing images that are either of the following:

1. (a) A broadcast television image or similar entertainment content transmitted by other wireless means to the image display device.

2. (b) A dynamic visual image, other than text, from a digital video disc or other storage device.

2. "Portable wireless communication device" has the same meaning prescribed in section 28-914.

3. "Stand-alone electronic device" has the same meaning prescribed in section 28-914.END_STATUTE

Sec. 4. 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 as defined in section 28-914 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. 5. Section 28-3312, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3312. Mandatory disqualification of commercial driver licenses; definition

A. The department shall disqualify a person who is required to have a commercial driver license, who is a commercial driver license holder or who is a commercial instruction permit holder from driving a commercial motor vehicle as follows:

1. Except as provided in subsection E of this section and except as otherwise provided in this subsection, for at least one year if a person:

(a) Refuses a test in violation of section 28‑1321.

(b) Is convicted of a first violation of any of the following:

(i) Driving a commercial motor vehicle under the influence of intoxicating liquor or a controlled substance or while having an alcohol concentration of 0.04 or more.

(ii) Leaving the scene of an accident involving a motor vehicle driven by the person.

(iii) Using a motor vehicle in the commission of a felony.

(iv) A violation of chapter 4, article 3 of this title while operating a noncommercial motor vehicle.

(v) Driving a commercial motor vehicle while, as a result of prior violations of this title committed while operating a commercial motor vehicle, the person's commercial driver license is revoked, suspended or canceled or the person is disqualified from operating a commercial motor vehicle.

(vi) Causing a fatality through the negligent operation of a commercial motor vehicle, including a conviction of manslaughter, homicide or negligent homicide resulting from operation of a motor vehicle.

2. For at least three years, if the person is convicted of any of the violations prescribed in paragraph 1 of this subsection and the violation occurred while the person was transporting a hazardous material in the quantity and under the circumstances that require placarding of the transport vehicle under the department's safety rules pursuant to chapter 14 of this title.

3. For the life of the person, if the person is convicted of two or more violations of any of the offenses prescribed in paragraph 1 of this subsection or of any combination of those offenses arising from two or more separate incidents. The department shall consider only offenses committed from and after December 31, 1989 in applying this paragraph.

4. Permanently if the person is convicted of using any motor vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance or possession with intent to manufacture, distribute or dispense a controlled substance.

5. For at least sixty consecutive days, if the person is convicted of two serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three year period from the date of the violation.

6. For at least one hundred twenty days served in addition to any other disqualification, if the person is convicted of a third or subsequent serious traffic violation committed in a motor vehicle arising from separate incidents occurring within a three year period from the date of the violation.

7. For at least sixty consecutive days, if the department determines that the person falsified information or documentation as part of the licensing process.

8. For at least one year, if the person is convicted of fraud related to the issuance of a commercial instruction permit or commercial driver license.

B. Except as provided in subsection C of this section, a person required to have a commercial driver license or a commercial driver license holder who is found responsible for violating an out‑of‑service order pursuant to section 28‑5241 is disqualified from driving a commercial motor vehicle as follows:

1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out‑of‑service order.

2. For a period of two years if the person is found responsible for a second violation of any out‑of‑service order during any ten year period arising from separate incidents.

3. For a period of three years if the person is found responsible for a third or subsequent violation of any out‑of‑service order during any ten year period arising from separate incidents.

C. A person required to have a commercial driver license or a commercial driver license holder who is found responsible for violating an out‑of‑service order pursuant to section 28‑5241 while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen or more passengers, including the driver, is disqualified from driving a commercial motor vehicle as follows:

1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out‑of‑service order.

2. For a period of three years if the person is found responsible for a second or subsequent violation of any out‑of‑service order during any ten year period arising from separate incidents.

D. A person required to have a commercial driver license or a commercial driver license holder who is convicted of or found responsible for violating any federal, state or local railroad grade crossing law, ordinance or regulation is disqualified from driving a commercial motor vehicle as follows:

1. For a period of sixty days if a person is convicted of or found responsible for a first violation.

2. For a period of one hundred twenty days if a person is convicted of or found responsible for a second violation during any three year period.

3. For a period of one year if a person is convicted of or found responsible for a third or subsequent violation during any three year period.

E. If a federal agency determines that a commercial motor vehicle licensee is driving in a manner that constitutes an imminent hazard, the department, on receipt of notification by the federal government, shall disqualify the driver for a period not to exceed one year. The disqualification shall run concurrently with any other disqualification imposed on the driver. For the purposes of this subsection, "imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property or the environment may occur before the reasonably foreseeable completion date of a formal proceeding to decrease the risk of death, illness, injury or endangerment.

F. The department shall keep records of findings of responsibility for a civil traffic violation and of conviction of any moving criminal traffic violation for a commercial driver licensee for violations in any type of motor vehicle and for a person required to have a commercial driver license if the violations arise from the operation of a commercial motor vehicle. The department shall make the records available to other states, the United States secretary of transportation, the driver and any motor carrier or prospective motor carrier or the motor carrier's designated agent within ten days after receiving a report of a conviction or finding of responsibility in this state or receipt of a report of a conviction or finding of responsibility or disqualification received from another state.

G. Disqualification for a serious traffic violation committed by a commercial driver license holder while operating a noncommercial motor vehicle applies only if the conviction results in the revocation, cancellation or suspension of the person's commercial driver license or noncommercial driver license.

H. The department may adopt rules establishing guidelines and conditions under which the department may reduce a disqualification for life pursuant to subsection A, paragraph 3 of this section to a disqualification of at least ten years. If a person's disqualification is reduced pursuant to rules adopted pursuant to this subsection and the person is subsequently convicted of a violation described in subsection A, paragraph 1 of this section, the person is permanently disqualified from driving a commercial vehicle and is not eligible to apply for a reduction of the disqualification pursuant to rules adopted pursuant to this subsection.

I. Except as provided in subsection E of this section, the beginning date of the disqualification shall be ten days after the date the department receives the report of conviction or finding of responsibility.

J. For the purposes of this section, "serious traffic violation" means a conviction or finding of responsibility for any of the following:

1. Excessive speeding involving a single offense for a speed of fifteen miles per hour or more above the posted speed limit.

2. Reckless driving as provided by section 28‑693.

3. Aggressive driving as provided by section 28‑695.

4. Racing as defined in section 28‑708.

5. Improper or erratic traffic lane changes as provided by section 28‑729.

6. Following the vehicle ahead too closely as provided by section 28‑730.

7. A violation of this title that is connected with a fatal traffic accident.

8. Driving a commercial motor vehicle if the person has not been issued a valid commercial driver license pursuant to this chapter.

9. Driving a commercial motor vehicle without a commercial driver license in the person's possession.

10. Driving a commercial motor vehicle without having a valid endorsement for the type of commercial motor vehicle or motor vehicle combination being operated.

11. Driving a commercial motor vehicle while using a portable wireless communication device as provided by section 28-914. END_STATUTE

Sec. 6. Use of portable wireless communication device while driving; local authority laws

A. If, before the effective date of this act, a local authority enacts a law regulating the use of a portable wireless communication device, as defined in section 28-914, Arizona Revised Statutes, as added by this act, while driving, the local authority may:

1. Issue citations for violations under the local authority's law through December 31, 2020, and the local authority is not subject to the warning period prescribed in section 28-914, Arizona Revised Statutes, as added by this act.

2. Change the local authority's law to mirror section 28-914, Arizona Revised Statutes, as added by this act, except that the local authority is not subject to the warning period prescribed in section 28‑914, Arizona Revised Statutes, as added by this act.

B. A local authority that before the effective date of this act has not enacted a law regulating the use of a portable wireless communication device, as defined in section 28-914, Arizona Revised Statutes, as added by this act, while driving may adopt a law to mirror section 28-914, Arizona Revised Statutes, as added by this act.

Sec. 7. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.