COMMITTEE ON PUBLIC SAFETY
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2265
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 28-775, Arizona Revised Statutes, is amended to read:
28-775. Authorized emergency vehicles; approaching; following fire apparatus; passing stationary vehicles; defensive driving schools; driver license examinations
A. Except when otherwise directed by a police officer, on the immediate approach of an authorized emergency vehicle that is equipped with at least one lighted lamp exhibiting a red or red and blue light or lens visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle and that is giving an audible signal by siren, exhaust whistle or bell, the driver of another vehicle shall:
1. Yield the right‑of‑way.
2. 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.
3. Stop and remain in the position prescribed in paragraph 2 of this subsection until the authorized emergency vehicle has passed.
B. An authorized emergency vehicle being operated with activated emergency lights and siren is exempt from the requirements of this section.
C. The driver of a vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
D. When a police vehicle is giving a visual signal with at least one lighted red or red and blue light or lens and is giving an audible signal by siren, the driver of another vehicle:
1. Shall not approach or drive parallel to the police vehicle.
2. Shall maintain a distance of at least three hundred feet behind any police vehicle involved in an emergency until the police vehicle moves to the lane closest to the right-hand edge or curb of the roadway.
E. If a person who drives a vehicle approaches a stationary vehicle and the stationary vehicle is giving a signal by displaying alternately flashing lights or is displaying warning lights, the person shall do either of the following:
1. If on a highway having at least four lanes with at least two lanes proceeding in the same direction as the approaching vehicle, proceed with due caution and if possible, with due regard to safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that of the stationary vehicle.
2. If changing lanes would be impossible or unsafe, proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions.
F. This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
G. Defensive driving school courses that are offered by defensive driving schools operated pursuant to chapter 8, article 7 of this title may include educational information relating to subsections D and E. The department may include information relating to subsections D and E of this section in any of the department's examination, information or education material.
Sec. 2. Section 28-3395, Arizona Revised Statutes, is amended to read:
28-3395. Supreme court authority and duties; rules; record
A. The supreme court may contract with a public or private agency that does not provide defensive driving schools in this state pursuant to this article to provide assistance in carrying out the duties of this article.
B. The supreme court shall:
1. Supervise the use of defensive driving schools by the courts in this state.
2. Make public the amount of the court diversion fee assessed by each court in this state pursuant to this article and the total cost to attend a defensive driving school in each court.
3. Establish an automated statewide database for keeping a record of persons who attend a defensive driving school.
4. Adopt rules that establish criteria for the certification of qualified defensive driving schools and instructors used by the courts. The criteria shall:
(a) Require each defensive driving school to have a curriculum that includes education on:
(i) Distracted driving, including the dangers of using a portable wireless communication device while driving and any other distracted driving behaviors.
(ii) The requirements prescribed by section 28-775, subsection A.
(b) Allow a defensive driving school to include educational information relating to section 28-775, subsections D and E in the school's curriculum.
5. Establish procedures for courts and schools to remit reports that are required by the supreme court.
6. Certify and monitor defensive driving schools and instructors that serve as a court authorized diversion program.
7. Require that a defensive driving school class not exceed a total of four and one-half hours, including any testing, reviewing and grading related to the defensive driving school class.
C. The information contained in the database required by this section is not a public record.
Sec. 3. Effective date
This act is effective from and after August 31, 2020."
Amend title to conform