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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
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HB 2786: excessive speed; speed inhibiting device
Sponsor: Representative Nguyen, LD 1
Committee on Judiciary
Overview
Allows courts to mandate the installation of speed inhibiting devices on vehicles as an alternative to license suspension or revocation for certain traffic offenses, outlining specific durations, compliance requirements and penalties for violations.
History
In Arizona, driving is a privilege primarily overseen by the Arizona Department of Transportation (ADOT). Driving privileges may be suspended or revoked for serious traffic offences. Offences that may lead to suspension or revocation include excessive speeding and accumulating too many points on one's driver license, often for repeated violations (A.R.S. Title 28, Chapter 3).
Provisions
1. Authorizes the court, in lieu of suspending or revoking a driver license for certain traffic offences, to order that ADOT may install a speed inhibiting device on any motor vehicle the offender operates. (Sec. 1)
2. Outlines the time periods a speed inhibiting device is to remain installed on a vehicle as follows:
a) 90 days for a first offence of racing on highways;
b) 180 days for a first offence of driving more than 100 miles per hour;
c) 180 days for a second speeding offence within a 12-month period;
d) one year for having excessive points that would equal to a one-year suspension;
e) one year for a second offence of racing on highways; and
f) for certain persons otherwise subject to a license suspension or revocation under existing felony or juvenile statutes, an installation duration equal to the time the license otherwise would have been suspended or revoked. (Sec. 1)
3. Requires the offender to pay all costs for installation and maintenance of the speed inhibiting device. (Sec. 1)
4. Directs the device manufacturer to provide electronic proof of compliance to ADOT, including proof of installation, ongoing proper calibration and notice of any tampering. (Sec. 1)
5. Prohibits ADOT from reinstating driving privileges until the speed inhibiting device has been installed and the manufacturer has submitted proof of installation. (Sec. 1)
6. Stipulates that if the manufacturer fails to submit the required compliance information, then ADOT must suspend the driver's license until compliance is shown. (Sec. 1)
7. Makes it a class 1 misdemeanor to operate a motor vehicle without an inhibitor when one is required, and instructs ADOT to suspend the driver's license if such occurs. (Sec. 1)
8. Permits a person whose license is suspended, due to the manufacturer failing to provide proof of instillation or due to operating a vehicle without an inhibitor, to request a hearing from ADOT. (Sec. 1)
9. Outlines timelines and procedures for the hearing and gives ADOT discretion on whether or not to reinstate the license in such cases. (Sec. 1)
10. Instructs the Assistant Director for the Motor Vehicle Division, in consultation with the Department of Public Safety, to adopt rules regarding speed inhibiting devices, including for:
a) certification and decertification procedures;
b) reliability standards and ensuring accurate speed limiting;
c) required insurance and indemnification by the device manufacturer; and
d) civil penalties for manufacturers who fail to properly report data. (Sec. 1)
11. Prohibits knowingly renting or lending a vehicle to a person subject to a speed-inhibiting-device requirement unless the vehicle has such a device installed. (Sec. 1)
12. Requires a restricted driver to notify the renting or lending party of the device requirement. (Sec. 1)
13. Extends the law, in various places where it refers to ignition interlock devices, to also cover speed inhibiting devices in the same manner. (Sec. 2-5)
14. Defines pertinent terms. (Sec. 1)
15. Makes technical changes. (Sec. 3-4)
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HB 2786
Initials NM Page 0 Judiciary
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