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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
REVISED
AMENDED
driver license suspensions; restrictions
Purpose
Removes the ability of a court to order the suspension or restriction of a person's driving privilege for failure to pay a civil penalty, surcharge or assessment. Allows civil penalties for certain traffic and vehicle violations to be waived by a judge.
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 person's 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. Removes the ability of a court to suspend or restrict a person's driving privilege for failure to pay a civil penalty, surcharge or assessment.
2. Specifies that a court may still suspend or restrict a person's driving privilege for failure to pay a civil penalty, surcharge or assessment if the person who owes the penalty, surcharge or assessment holds a commercial driver license.
3. Allows a judge to waive any civil penalty for certain traffic and vehicle violations if the penalty would be a hardship on the person responsible for the violation.
4. Allows a judge to mitigate mandatory fines, except that a fine for a driving under the influence (DUI) offense may not be mitigated.
5. Requires ADOT to rescind a license suspension or restriction, for licenses other than commercial driver licenses, if the suspension or restriction occurred before the effective date of this act and as a result of a failure to pay a civil penalty for a civil traffic violation.
6. States that a person who violates a license restriction imposed as a result of a failure to pay a civil penalty or failure to appear for a scheduled court date is responsible for a civil traffic violation.
7. Specifies that a citation for violating a license restriction imposed for a failure to pay or failure to appear may be dismissed by a court if the person presents evidence that their unrestricted driving privilege has been reinstated.
8. States that a person who violates restricted driver license limitations is not subject to vehicle towing and impoundment.
9. Applies the considerations that must be made by a court prior to initiating collection procedures on unpaid civil penalties to license restrictions.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Allows a judge to waive any civil penalty for specified traffic and vehicle violations if the penalty would be a hardship on the person guilty of the violation.
2. Allows a judge to mitigate a fine, regardless of whether the fine is mandatory.
3. Prohibits a judge from mitigating a fine imposed pursuant to a DUI offense.
4. Removes the ability of a court to order the suspension or restriction of a person's driving privilege for failure to pay a civil penalty, rather than prohibiting ADOT from suspending or restricting the person's license for failure to pay.
5. Specifies that the driving privilege of a commercial driver license holder may be restricted, rather than suspended, for a failure to pay.
6. Requires any license suspension or restriction, for a license other than a commercial driver license, that was imposed for failure to pay a civil traffic violation penalty before the effective date of this act to be rescinded.
7. Removes provisions relating to license suspensions, restrictions and reinstatements resulting from a failure to appear for a scheduled court date.
8. Removes the repeal of the Enforcement Program.
9. States that a person is responsible for a civil traffic violation if the person violates a license restriction imposed for a failure to pay or a failure to appear.
10. Allows a civil traffic violation resulting from a license restriction violation to be dismissed if a person demonstrates that their driving privilege has been reinstated.
11. Reinserts language prohibiting a person from driving on a public highway if the person's driving privilege has been suspended for a failure to pay or a failure to appear.
Revisions
· Corrects the provision relating to rescinding a license suspension or restriction that occurs before the effective date of this act.
Senate Action
TAT 2/8/21 DP 9-0-0
Prepared by Senate Research
March 3, 2021
ZD/gs/kja