ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2265: NOW: course curriculum; defensive driving schools |
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PRIME SPONSOR: Representative Payne, LD 21 BILL STATUS: House Engrossed
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Modifies the requirements for certification
of a defensive driving school and prohibits defensive driving schools that have common ownership or use of
assets from being listed more than once on the Supreme Court's website or other
state-sponsored advertisement.
History
The Supreme Court is required to adopt rules that establish certification criteria for schools and instructors (A.R.S. § 28-3395). An individual who is issued a citation for a civil traffic moving violation pursuant to statute or a local civil traffic ordinance is eligible to attend a defensive driving school. A court may also allow an individual to attend defensive driving school for a citation of criminal excessive speeding (A.R.S. § 28-3392). If an individual successfully completes the course at a defensive driving school, the court is required to dismiss the civil or criminal traffic citation. In addition, the Arizona Department of Transportation is prohibited from including the civil or criminal traffic citation on the individual's driving record (A.R.S. § 28-3394).
The Arizona Code of Judicial Administration outlines the certification requirements for a defensive driving school (ACJA §§ 7-205(E) & 7-201(E)).
On the approach of an authorized emergency vehicle giving a visual and auditory signal from a distance of 500 feet, the driver of another vehicle must:
a. Yield the right-of-way;
b. Immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and
c. Stop and remain in this position until the authorized emergency vehicle has passed.
When a police vehicle is giving a visual or auditory signal, a driver may not approach or drive parallel to the police vehicle or come within 300 feet until the vehicle moves to the lane closest to the right-hand edge or curb of the roadway. When approaching a stationary vehicle displaying warning lights, the driver of a vehicle must follow statutorily outlined procedures (A.R.S. § 28-775).
Provisions
1. Specifies that beginning September 1, 2020, the certification criteria for defensive driving schools must:
a. Require defensive driving schools to have a curriculum that includes education on:
i. Distracted driving, including the dangers of using a portable communication device while driving and any other distracted behaviors; and
ii. The statutorily outlined requirements relating to yielding to an authorized emergency vehicle; and
b. Allow defensive driving schools to include educational information relating to the requirements for driving near:
i. A police vehicle giving a visual or auditory signal; or
ii. A stationary vehicle displaying warning lights. (Sec. 2)
2. Requires the Supreme Court to adopt rules prohibiting defensive driving schools that have common ownership or use of assets from participating in more than one school listing on the court's website or other state-sponsored advertisement. (Sec. 2)
3. Directs the Supreme Court to:
a. Determine whether each defensive driving school is complying with the adopted rules;
b. Review any complaints that are submitted with supporting documentation that allege a violation; and
c. Put only one of the schools that have common ownership on the court's list of certified schools or any other state-sponsored advertisement. (Sec. 2)
4. Prohibits the other defensive driving schools from appearing on the court's website, printed list or other form of advertising. (Sec. 2)
5. Stipulates that if a defensive driving school shares an employee or staff with another school, the entities must be considered as one entity for state taxpayer-paid advertisement on the Supreme Court's website or other state-sponsored advertisement.
a. Exempts defensive driving school instructors. (Sec. 2)
6. Directs the Supreme Court to revoke a school's certification if a school is found in violation of the common ownership or use of assets restrictions.
a. Allows the Supreme Court to impose a civil penalty of no more than $1,000. (Sec. 2)
7. Allows a school to reapply for certification one year after the date of revocation. (Sec. 2)
8. Applies the aforementioned provisions to defensive driving schools beginning on the school's initial or renewal certification, only if the initial or renewal certification occurs on or after the effective date of this Act. (Sec. 2)
9. Defines common ownership or use of assets. (Sec. 2)
10. Makes technical and conforming changes. (Sec. 1,2)
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14. Fifty-fourth Legislature HB 2265
15. First Regular Session Version 4: House Engrossed
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