ARIZONA
HOUSE OF REPRESENTATIVES
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HB2531: hands-free wireless communication devices; driving S/E: driving; hands-free wireless communication devices |
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PRIME SPONSOR: Representative Chávez, LD 29 BILL STATUS: Transportation
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Summary of the Strike-Everything Amendment to HB2531
Overview
Prohibits the use of a portable wireless
communication device while operating a motor vehicle.
History
Laws 2017, Chapter 209 established the prohibition on teenage drivers from using a wireless communication device during the operation of a motor vehicle. Currently, a person who is at least 15 years and six months of age may apply to the Arizona Department of Transportation (ADOT) for an instruction permit of a class D or G license. A permittee may not drive a motor vehicle while using a wireless communication device for any reason except during an emergency in which stopping the motor vehicle is impossible or will create an additional emergency or safety hazard. A peace officer may not stop or issue a citation for a violation, unless the peace officer has reasonable cause to believe there is another alleged motor vehicle violation (A.R.S. § 28-3154). A person who is under 18 years and at least 16 years may apply to ADOT for a Class G driver license. For the first six months that a class G licensee holds the license or until the licensees 18th birthday, the licensee is prohibited from driving a motor vehicle while using a wireless communication device for any reason except: 1) during an emergency in which stopping the motor vehicle is impossible or will create an additional emergency or safety hazard; or 2) when using an audible turn-by-turn navigation system under specified conditions. If a licensee is found responsible for using a wireless communication device while driving, the penalties are as follows:
1. For the first violation, a maximum civil penalty of $75 and an extension of the restriction for an additional 30 days;
2. For the second violation, a maximum civil penalty of $100 and an extension of the restriction for 60 days;
3. For the third or subsequent violation, a maximum civil penalty of $100 and the suspension of the licensee's driving privileges for 30 days (A.R.S. § 28-3174).
Provisions
Portable Wireless Communication Device Prohibition (Sec. 2)
a. Physically holds or supports with any part of the person's body either:
i. a portable wireless communication device, except when used with an earpiece, headphone device or wrist-worn device to conduct voice-based communication; or
ii. a stand-alone electronic device.
b. 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, excluding the following:
i. a voice-based communication that is automatically converted by a portable wireless communication device or stand-alone device to be sent as a message in written form; and
ii. The use of a portable wireless communication device or stand-alone device when used in a hand-free manner for:
Ř Navigation of the motor vehicle;
Ř Use of a global positioning system; or
Ř Obtaining motor vehicle information or information related to driving a motor vehicle.
2. Provides an exemption from the prohibition to:
a. The use of a device or system that is embedded in the motor vehicle and that allows communication without the use of either of the driver's hands, except to activate or deactivate a function of the device or system by a single press, tap, or swipe of the operator's finger;
b. An operator of an authorized emergency, law enforcement or probation vehicle who uses a device while acting in an official capacity;
c. An operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a portable wireless communication device;
d. An operator who uses a two-way radio or private land mobile radio system, while in the performance and scope of the operator's work-related duties and who is operating a fleet vehicle or possesses a commercial driver license;
e. An operator who uses a portable wireless communication device either:
i. To report illegal activity or summon emergency help; or
ii. That was permanently or temporarily affixed to the motor vehicle to relay information during the operator's occupational duties between the operator and a dispatcher or a digital network or software application service.
Penalties for Violation (Sec. 1, 2)
3. Imposes a penalty, beginning January 1, 2021, for a violation as follows:
a. At least $75 but not more than $149 for an initial violation;
b. At least $150 but not more than $250 for a second or subsequent violation. (Sec. 2)
4. Prohibits a peace officer who stops a motor vehicle for an alleged violation from:
a. Taking possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless otherwise authorized by law; and
b. Issuing a citation for a violation before January 1, 2021 and may issue only issue a warning from the effective date through December 31, 2020.
5. Applies the penalties for causing physical injury or death by a moving violation to a portable wireless communication devices violation which include:
a. Requiring the person to attend and successfully compete traffic survival school;
b. Reporting a conviction for a violation to ADOT;
c. Suspension of the person's driving privilege, if ordered by the court;
d. Performing community restitution, if ordered by the court; and
e. Paying restitution of not more than $100,000, if ordered by the court. (Sec. 1)
Agency Requirements (Sec. 2)
6. Directs ADOT to post signs at each point at which an interstate highway or US highway enters Arizona that informs an operator that both:
a. The use of a portable wireless communication device while operating a motor vehicle is prohibited in Arizona; and
b. The operator is subject to a civil penalty if the operator uses a portable wireless communication device while operating a motor vehicle in Arizona.
7. Prohibits ADOT or another agency of Arizona from considering a violation for determining whether the person's driver license should be suspended or revoked.
State and Local Authority (Sec. 2, 6)
8. States that the regulation and use of portable wireless communication devices while operating a motor vehicle are of statewide concern.
9. States that, beginning January 1, 2021, the regulation of portable wireless communication devices and their use while operating a motor vehicle is not subject to further regulation by a county, city, town or other political subdivision of Arizona.
10. Voids, beginning January 1, 2021, any regulation by a county, city, town or other political subdivision relating to portable wireless communication devices and their use while operating a motor vehicle.
11. Allows, before the effective date of this act, a local authority that enacts a law regulating the use of portable wireless communication devices while driving to:
a. Issue citations for violations under the local authority's law through December 31, 2020;
b. Change the local authority's law to mirror this act.
12. Allows, before the effective date of this act, a local authority that has not enacted a law regulating portable wireless communication devices while driving to adopt a law that mirrors this act.
Image Display Device Prohibition & Penalty (Sec. 3)
13. Prohibits a person while driving from:
a. Watching a video or movie on a portable wireless communication device or stand-alone electronic device, except data related to the navigation of the motor vehicle, vehicle information or information related to driving a motor vehicle;
b. Recording or broadcasting a video on a portable wireless communication device or stand-alone electronic device, except for the sole purpose of continuously recording or broadcasting videos within or outside of the motor vehicle.
Miscellaneous
14. Eliminates the separate wireless communication device prohibition imposed on instruction permittees. (Sec. 4)
15. Requires that the examination for a driver license include a test of the applicant's knowledge of the effect of using a portable wireless communication device or engaging in actions that could distract a driver. (Sec. 5)
16. Defines portable wireless communication device and stand-alone electronic device. (Sec. 2-3)
17. Contains an emergency clause. (Sec. 7)
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Fifty-fourth Legislature HB 2531
First Regular Session Version 1: Transportation
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