Bill Text: AZ SB1127 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicle speed limits

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2021-05-28 - Governor Vetoed [SB1127 Detail]

Download: Arizona-2021-SB1127-Introduced.html

 

 

 

REFERENCE TITLE: vehicle speed limits

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

SB 1127

 

Introduced by

Senator Gowan

 

 

AN ACT

 

amending sections 28‑701.02 and 28-702.01, Arizona Revised Statutes; relating to vehicle speed restrictions.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 28-701.02, Arizona Revised Statutes, is amended to read:

START_STATUTE28-701.02.  Excessive speeds; classification

A.  A person shall not:

1.  Exceed thirty‑five miles per hour approaching a school crossing.

2.  Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty‑five miles per hour.

3.  Exceed eighty‑five the posted speed limit by more than twenty miles per hour in other locations.

B.  A person who violates subsection A of this section is guilty of a class 3 misdemeanor.

C.  A person who is charged with a violation of this section may not be issued a civil complaint for a violation of section 28‑701 if the civil complaint alleges a violation arising out of the same circumstances. END_STATUTE

Sec. 2.  Section 28-702.01, Arizona Revised Statutes, is amended to read:

START_STATUTE28-702.01.  Waste of a finite resource; civil penalties; urbanized areas

A.  If the maximum speed limit on a public highway in this state is fifty‑five miles per hour, a person shall not drive a motor vehicle at a speed in excess of fifty‑five miles per hour on that highway.  If the speed at which the person is alleged to have driven as provided in section 28‑707, subsection A or the speed at which the court finds the person drove is sixty‑five miles per hour or less, the offense is designated as the waste of a finite resource and is a civil traffic violation subject to subsection D of this section.

B.  If the maximum speed limit on a public highway in this state is sixty‑five miles per hour, a person shall not drive a motor vehicle at a speed in excess of sixty‑five miles per hour on that highway.  If the speed at which the person is alleged to have driven as provided in section 28‑707, subsection A or the speed at which the court finds the person drove is seventy‑five miles per hour or less, the offense is designated as the waste of a finite resource and is a civil traffic violation subject to subsection D of this section.

C.  If the maximum speed limit on a public highway in this state is seventy‑five miles per hour, a person shall not drive a motor vehicle at a speed in excess of seventy‑five miles per hour on that highway.  If the speed at which the person is alleged to have driven as provided in section 28‑707, subsection A or the speed at which the court finds the person drove is eighty‑five miles per hour or less, the offense is designated as the waste of a finite resource and is a civil traffic violation subject to subsection D of this section.

B.  D.  If a person is found responsible for a civil traffic violation pursuant to subsection A, B or C of this section:

1.  A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked and a court shall not transmit abstracts of records of judgment for the violation to the department.

2.  An insurer shall not consider the violation as a moving traffic violation against the person for the purpose of establishing rates of motor vehicle insurance charged by the insurer and shall not cancel or refuse to renew a policy of insurance because of the violation.

3.  The civil penalty shall not exceed fifteen dollars $15 plus the surcharges imposed pursuant to sections 12‑116.01 and 12‑116.02.

4.  A report shall not be made under section 28‑1559, subsection B.

C.  E.  If the maximum speed limit on a public highway in this state is fifty‑five miles per hour, a person shall not drive a motor vehicle at a speed in excess of fifty‑five miles per hour on that highway.  If the speed at which the person is alleged to have driven as provided in section 28‑707, subsection A or the speed at which the court finds the person drove is more than sixty‑five miles per hour, the offense is designated as a civil traffic violation and the person is subject to a civil penalty of not more than the amount provided in section 28‑1598.

F.  If the maximum speed limit on a public highway in this state is sixty‑five miles per hour, a person shall not drive a motor vehicle at a speed in excess of sixty‑five miles per hour on that highway.  If the speed at which the person is alleged to have driven as provided in section 28‑707, subsection A or the speed at which the court finds the person drove is more than seventy‑five miles per hour, the offense is designated as a civil traffic violation and the person is subject to a civil penalty of not more than the amount provided in section 28‑1598.

G.  If the maximum speed limit on a public highway in this state is seventy‑five miles per hour, a person shall not drive a motor vehicle at a speed in excess of seventy‑five miles per hour on that highway.  If the speed at which the person is alleged to have driven as provided in section 28‑707, subsection A or the speed at which the court finds the person drove is more than eighty‑five miles per hour, the offense is designated as a civil traffic violation and the person is subject to a civil penalty of not more than the amount provided in section 28‑1598.

D.  H.  This section does not apply to an interstate system highway located outside of an urbanized area, as defined in section 28‑702.04, with a population of fifty thousand or more persons. END_STATUTE

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