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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
driver license suspensions; restrictions
Purpose
Prohibits a person's driver license or driving privilege from being suspended or restricted as a result of a failure to a civil penalty or a failure to appear for a scheduled court appearance.
Background
A person who is required to pay a civil penalty for a civil traffic violation must do so within 30 days from entry of judgement. If a person fails to pay a civil penalty, the court must notify the Arizona Department of Transportation (ADOT) to suspend or restrict the person's driving privilege until the civil penalty is paid. A persons' driving privilege may also be suspended or restricted for failing to appear for a scheduled court appearance. A person whose driving privilege has been suspended for failure to pay a civil penalty or failure to appear for court is prohibited from driving on a public highway (A.R.S. §§ 28-1601; 28-3308; and 28-3482).
The purpose of the Traffic Ticket Enforcement Assistance Program (Enforcement Program) is to assist the courts and political subdivisions of Arizona to collect delinquent obligations imposed for civil and criminal traffic violations, as well as assist in the enforcement of criminal traffic failure to appear offenses. Through the Enforcement Program, ADOT is required to refuse the renewal of any vehicle registration if the registered owner has failed to pay a penalty or failed to appear in court (A.R.S. §§ 28-1631; and 28-1632).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits ADOT from suspending or restricting the driving privilege of a person who is found responsible for a civil traffic violation and who fails to pay any related civil penalty.
2. Prohibits ADOT from suspending or restricting the driving privilege of a person who fails to appear for a scheduled court date or fails to pay a fine, surcharge or assessment imposed as a result of a traffic violation.
3. Specifies that failure to pay and failure to appear exceptions to license suspensions and restrictions do not apply to commercial driver licenses.
4. Allows a court to waive any civil penalty for a civil traffic violation if paying such penalty within 30 days will place undue economic burden on a person.
5. Allows a court to order a person's driving privilege be restricted, rather than suspended, if the person fails to pay a civil penalty for an offense other than a civil traffic violation.
6. Repeals the Enforcement Program and removes the ability of ADOT to refuse the renewal of a person's vehicle registration if the person has failed to pay a civil penalty or appear in court.
7. Requires ADOT, if a person's driver license has been suspended or restricted on or before the effective date of this act, to:
a) rescind a license suspension and instead restrict a person's driver privilege if the suspension resulted from a failure to appear in court, or a failure to pay a civil penalty, fine, surcharge or assessment for offenses other than civil traffic violations;
b) rescind a license suspension entirely if the suspension resulted from a failure to appear in court, or a failure to pay a civil penalty, fine, surcharge or assessment for a civil traffic violation; or
c) remove a license restriction if the restriction resulted from a failure to appear in court, or a failure to pay a civil penalty, fine, surcharge or assessment for a civil traffic violation.
8. Specifies that a person whose driving privilege has been restricted, rather than suspended, may only drive a vehicle for the purposes outlined in statute relating to restricted licenses.
9. States that a person who violates restricted driver license limitations is not subject to vehicle towing and impoundment.
10. Modifies the considerations that must be made before a court initiates collection procedures on unpaid civil penalties.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
Prepared by Senate Research
February 4, 2021
ZD/gs