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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
traffic
violations; photo radar; penalties
(NOW: minors; motorcycle helmets; citations)
As passed by the Senate, S.B. 1680 established a civil penalty of $100 for a traffic violation obtained from a photo enforcement system and prohibited, if paid within 10 days, considering the violation in license suspension and revocation, insurance rate or insurability determinations.
The House of Representatives adopted a strike-everything amendment that does the following:
Purpose
Allows citations for violating the protective headgear requirements for a
motorcycle,
all-terrain vehicle and motor-driven cycle to be issued to a minor operator or
passenger who has a driver license or permit and to an adult operator for a
passenger or group member who is a minor, outlines exceptions and establishes
penalties for an initial violation.
Background
A motorcycle,
all-terrain vehicle or motor-driven cycle operator or passenger who is under 18
years old must always wear a protective helmet in an appropriate manner and
that is safely secured while operating or riding in the vehicle. A motorcycle,
all-terrain vehicle or motor-driven cycle operator must always wear protective
glasses, goggles or a transparent face shield of an approved type, unless the
vehicle is equipped with a protective windshield, or the operator and passenger
are enclosed within the cab of a three-wheeled vehicle. The motorcycle,
all-terrain vehicle or
motor-driven cycle must be equipped with a rearview mirror, a seat and footrests
for the operator and a seat and footrests for each passenger (A.R.S. § 28-964).
An all-terrain vehicle is designed primarily for recreational nonhighway all-terrain travel and is either: 1) a motor vehicle that is up to 50 inches in width, has an unladen weight of 1,200 pounds or less, travels on three or more nonhighway tires and is operated on a public highway; or 2) a recreational off-highway vehicle that is up to 80 inches in width, has an unladen weight of 2,500 pounds or less, travels on four or more nonhighway tires and has a steering wheel for steering control, a rollover protective structure and an occupant retention system (A.R.S. § 28-101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a law enforcement officer to issue a citation for violating the prescribed protective headgear requirements to a motorcycle, all-terrain vehicle or motor-driven cycle operator or passenger who is 16 or 17 years old and has been issued a driver license or permit.
2. Authorizes issuing a citation to a motorcycle, all-terrain vehicle or motor-driven cycle operator who is at least 18 years old if either:
a) a passenger is under 18 years old and is not wearing a protective helmet, as prescribed; or
b) an operator or a passenger is under 18 years old and is both:
i. not wearing a protective helmet, as prescribed; and
ii. in the same group or party as the operator of the initial vehicle who is at least 18 years old.
3. Exempts the following from the prescribed protective headgear requirements:
a) a motorcycle, all-terrain vehicle or motor-driven cycle that is:
i. operated on private property; or
ii. a farm or agricultural vehicle if engaged in agricultural work; and
b) an all-terrain vehicle that is a recreational off-highway vehicle.
4. Subjects a person, for an initial violation of the motorcycle, all-terrain vehicle and motor-driven cycle equipment requirements, to a civil penalty of $100 or community service if the person is 16 or 17 years old at the time of the violation.
5. Makes conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
· Adopted the strike-everything amendment relating to motorcycle, all-terrain vehicle and motor-driven cycle equipment requirements and citations.
House Action
TI 3/22/24 DPA/SE 9-1-0-1
3rd Read 4/24/24 47-13-0
Prepared by Senate Research
April 24, 2024
KJA/EB/slp