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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
distracted driving
Purpose
Prohibits the operation of a motor vehicle by a person while distracted.
Background
A class G license is a graduated driver license for individuals who are at least 16 years old but are younger than 18 years old, and allows an individual to drive any vehicle that does not require a motorcycle or commercial driver license (A.R.S. § 28-3101). Laws 2017, Chapter 209 prohibits class G licensed drivers from using a wireless communication device while driving a motor vehicle. A peace officer can only stop or issue a citation for a violation if there is another violation of a motor vehicle law of Arizona (A.R.S. §§ 28-3154 and 28-3174).
Current statute prohibits a person from driving a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards. A person is required to control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others (A.R.S. § 28-701).
Certain cities in Arizona have enacted ordinances prohibiting texting while driving, distracted driving, or both. Civil penalties for violations of these ordinances range from $50 to $500 depending on the circumstances. According to the National Conference of State Legislatures, 47 states have enacted text messaging bans while driving and 16 states prohibit hand-held cell phone use while driving (NCSL).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person from driving a motor vehicle while distracted.
2. Specifies that a person commits a violation of distracted driving if both of the following occur:
a) engaging in an activity that is not related to the actual driving of the motor vehicle in a manner that visibly interferes with safely driving the motor vehicle; and
b) driving a motor vehicle in a manner that is an immediate hazard to a person, or property, or not exercising reasonable control of the vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance in, entering or adjacent to the highway.
3. Makes a technical change.
4. Becomes effective on the general effective date.
Amendments adopted by Committee
1. Specifies that the actions that constitute distracted driving need not be done in the view or presence of an officer.
2. Specifies actions that create a hazard for a person, rather than another person, constitute distracted driving.
3. Makes other specifying changes.
Amendments Adopted by Committee of the Whole
1. Specifies that an activity not related to the actual operation of a motor vehicle must visibly interfere with the vehicle's safe operation in order to be considered distracted driving.
2. Specifies the circumstances under which a person must fail to exercise reasonable control of a motor vehicle in order to meet one of the criteria of a distracted driving violation.
Senate Action
TPS 2/20/19 DPA 7-1-0
Prepared by Senate Research
March 13, 2019
ZD/gs