ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB 2480: interlock restricted licenses; violations; reporting

Sponsor:  Representative Kavanagh, LD 23

Committee on Government

Overview

Allows a person whose driving privileges have been suspended due to an alcohol related offense to have the ability to apply for a special ignition interlock restricted driver license.

History

A law enforcement officer is required to give the Arizona Department of Transportation (Department) a certified report if the officer arrests a person for certain motor vehicle violations or gives a blood or breath alcohol test. The Department is required to suspend the driving privileges of the person for at least 30 days, and restrict the driving privileges for at least 60 additional days to only travel between the person's place of residence and: 1) employment during specified times while at employment; 2) school, according to the person's employment or educational schedule; 3) the office of the person's probation officer for scheduled appointments; or 4) a screening, education or treatment facility for scheduled appointments (A.R.S. § 28-1385).

A person whose license has been suspended or revoked due to an alcohol related offense may apply for a special ignition interlock restricted driver license that allows a person to operate a vehicle during the period of suspension or revocation between the person's residence and place of: 1) employment during specified times while at employment; 2) employment and school according to their employment or education schedule; 3) employment or school and the office of a health professional; 4) employment or school and a screening, education or treatment facility for scheduled appointments; 5) employment, or school and the office of the person's probation officer for scheduled appointments; and 6) place of employment or school and a certified ignition interlock device service facility. The person may also transport a dependent person who lives with the driver between the driver's residence and the dependent person's employment, school or medical appointment (A.R.S. § § 28-144, 28-1402).

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStates that if a person's privilege to operate a vehicle has been suspended due to an alcohol-related offense and they meet statutorily prescribed requirements then the person may apply for and be granted a special ignition interlock restricted driver license by the Department that allows the person whose class D or G license has been suspended for 90 days to operate a motor vehicle equipped with a functioning certified ignition interlock device. (Sec. 1)

2.    Requires the Department to consider, during a hearing, whether a person has two or more violations operating a vehicle with a restriction placed on their license. (Sec. 2)

3.    Stipulates that a person whose driving privilege is limited must pay costs for monitoring their special ignition interlock restricted driver license. (Sec. 3)

4.    States that the ignition interlock manufacturer or the case management service provider must inform the Department each time a person operates the vehicle in violation of their driving privilege restrictions. (Sec. 3)

5.    Directs the Department to extend an ignition interlock restricted or limited driver license and the certified ignition interlock device period for six months if the person operated the vehicle two or more times in violation of a restriction on their driving privileges. (Sec. 3)

6.    Instructs the assistant director of the Department to ensure an ignition interlock device can wirelessly transmit the location of the device at the time a vehicle's ignition disengaged. (Sec. 4)

7.    Stipulates that if an application for authorization of an ignition interlock service provider contract is denied, the applicant has 15 days to make a written request for a hearing on the denied application. (Sec. 5)

8.    Mandates that either an ignition interlock manufacturer or case management service provider is required to transmit reports. (Sec. 5)

9.    Requires an ignition interlock device to report the global positioning system location of the device every time a vehicle's ignition is started and disengaged. (Sec. 5)

10.  Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5)

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14.                    HB 2480

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