ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: TAT DPA 5-4-0-0 | 3^rd Read 16-14-0-0 House: TRANS DP 7-5-0-0 | 3^rd Read 31-29-0-0

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SB 1127: vehicle speed limits

Sponsor:  Senator Gowan, LD  14

Transmitted to the Governor

Overview

Modifies the classifications for excessive speed and waste of finite resources.

History

Pursuant to A.R.S. § 28-701.02, a person is prohibited from exceeding:

1) 35 miles per hour (MPH) approaching a school crossing;

2) The posted speed limit in a business or residential district by more than 20 MPH, or if no speed limit is posted, by more than 45 MPH; and

3) 85 MPH in other locations.

A person who commits an excessive speed violation is guilty of a class 3 misdemeanor (30 days/up to $500 plus surcharges).

If the maximum speed limit on a public highway in Arizona is 55MPH, a person is prohibited from driving a motor vehicle over the speed limit. If the speed at which the person is alleged to have driven or the speed at which the court finds the person drove in not more than 10 MPH over the speed limit, the offense is designated a waste of finite resources and is a civil traffic violation. If a person is found responsible for a civil traffic violation designated a waste of finite resources:

1) A department or agency is prohibited from considering the violation for the purpose of determining whether the person's driver license should be suspended or revoked, and a court is prohibited from transmitting abstracts of records of judgement for the violation to the Arizona Department of Transportation;

2) An insurer is prohibited from considering the violation as a moving traffic violation against the person for the purpose of establishing rates of motor vehicle insurance charged and from canceling or refusing to renew a policy of insurance;

3) The civil penalty imposed is no more than $15 plus surcharges; and

4) An abstract of the record of the court covering the case is prohibited. (A.R.S. § 28-702.01)

Provisions

1. Modifies the excessive speed classification for locations other than a business, residential or school district from not exceeding 85 MPH to not exceeding the posted speed limit by more than 20 MPH. (Sec. 1)

2. Modifies the waste of finite resources classification by allowing, rather than requiring, the designation for not exceeding the maximum speed limit by more than 10 MPH on:

a) A public highway of at least 35 MPH in an area that is outside of an urbanized area; or

b) A public highway of at least 40 MPH in an urbanized area. (Sec. 2)

3. Eliminates the exemption from the waste of finite resources classification that is provided to interstate highways located outside of urbanized areas. (Sec. 2)

4. Makes technical and conforming changes. (Sec. 2)

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8.                   SB 1127

9. Initials JT  Page 0 Transmitted

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