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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
failure to pay; suspension; restriction
Purpose
Requires a court to determine if a person's failure to pay a civil traffic penalty is willful before suspending or restricting the person's driving privileges.
Background
All civil penalties must be paid within 30 days after an entry of judgment, except that if payment within 30 days will place an undue economic burden on a person, the court may extend the time for payment or provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty, surcharge or assessment due (A.R.S. § 28-1601).
If a person appears as directed for a scheduled court appearance and does not pay the person's fines, surcharges or assessments, the court must notify the Arizona Department of Transportation (ADOT) to suspend or restrict the person's driving privileges until the fines, surcharges and assessments are paid (A.R.S. § 28-3308). A civil penalty imposed for a traffic violation may not exceed $250, except as provided. However, the court must levy additional surcharges, as prescribed (A.R.S. § 28-1598).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court to determine whether:
a) a person's failure to pay civil traffic penalties is willful; and
b) if so, to suspend or restrict the person's driving privileges until the fines, surcharges and assessments are paid.
2. Prohibits a court from notifying ADOT to refuse to renew a vehicle registration for unpaid civil traffic violation penalties, unless the court finds that the person willfully failed to pay the civil penalty.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2024
KJA/sdr