HB2265 - 541R

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

Section 1. Section 28-775, Arizona Revised Statutes, is amended to read:

START_STATUTE28-775. 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. END_STATUTE

Sec. 2. Section 28-3395, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3395. Supreme court authority and duties; rules; record; civil penalty; definition

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. Beginning on september 1, 2020, 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.

D. The rules adopted pursuant to subsection B, paragraph 4 of this section shall provide that if an owner of a certified defensive driving school in this state has a common ownership interest in another certified defensive driving school in this state or in the assets or the shared use of the assets of another certified defensive driving school in this state, the owner or schools that have a common ownership or use of assets may not participate in more than one school listing on the supreme court's defensive driving school website or on any other state-sponsored advertisement. The supreme court shall determine whether each defensive driving school is in compliance with this subsection. The supreme court shall review any complaint that is submitted with supporting documentation and that alleges a violation of this subsection.

E. If a person has common ownership in more than one certified defensive driving school in this state on the effective date of this amendment to this section, the supreme court shall put only one of the schools on a list of supreme court certified defensive driving schools or on any other state-sponsored advertisement. The other schools may never appear on the supreme court's website, printed list or other form of advertising to the public.

F. If a defensive driving school shares an employee or staff, not including an instructor, with another entity, the entities shall be considered as one entity for the purpose of state taxpayer paid advertisement on the supreme court's website or on any other state‑sponsored advertisement.

G. If a school violates this section, the supreme court shall revoke the school's certification and may impose a civil penalty of not more than $1,000. If the supreme court revokes a certification pursuant to this subsection, a school may reapply for certification one year after the date of revocation in a manner prescribed by the supreme court.

H. Subsections D, E, F and g of this section apply to a defensive driving school beginning on the school's initial certification or renewal of certification with the supreme court only if the initial certification or renewal occurs on or after the effective date of this amendment to this section.

I. For the purposes of this section, "common ownership or use of assets" means any property that has value, including financial, intangible and physical assets and includes all of the following:

1. A web server or database.

2. Administrative office space.

3. Equipment.

4. Customer support or administrative personnel.

5. Management personnel.

6. Corporate officers or partners.

7. Corporate stock.

8. A membership in a limited liability company.

9. A partnership interest.

10. A beneficial interest in a trust or another similar item.

11. Intellectual property ownership. END_STATUTE