Bill Text: AZ SB1455 | 2018 | Fifty-third Legislature 2nd Regular | Chaptered
Bill Title: Civil traffic violations; procedures; penalties
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-04-12 - Chapter 224 [SB1455 Detail]
Download: Arizona-2018-SB1455-Chaptered.html
|
House Engrossed Senate Bill |
|
State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
|
|
CHAPTER 224
|
|
SENATE BILL 1455 |
|
|
AN ACT
amending sections 28‑707, 28‑812, 28‑885 and 28‑1592, Arizona Revised Statutes; relating to civil traffic violations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-707, Arizona Revised Statutes, is amended to read:
28-707. Charging speed violation; burden of proof; findings
A. In a charge of violating a speed restriction in this article, the complaint and the summons or notice to appear shall specify all of the following:
1. The speed at which the defendant is alleged to have driven and the maximum speed applicable within the district or at the location.
2. The identification of the defendant.
3. The date and time of the alleged violation.
4. The location of the alleged violation.
B. The provision of this article declaring maximum speed limitations does not relieve the plaintiff in any civil action, other than a civil action to impose a civil penalty, from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.
C. If a person is charged with a criminal offense, except for excessive speed under section 28‑701.02, or cited for a civil traffic violation under this article and if the person is operating a commercial motor vehicle as defined in section 28‑3001, the court, on conviction of the offense or on adjudication of the civil traffic complaint, shall make a finding based on either an admission or the evidence as to whether the speed that the vehicle was operated was fifteen miles per hour or more over the speed limit.
Sec. 2. Section 28-812, Arizona Revised Statutes, is amended to read:
28-812. Applicability of traffic laws to bicycle riders
A. A person riding a bicycle on a roadway or on a shoulder adjoining a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except special rules in this article and except provisions of this chapter and chapters 4 and 5 of this title that by their nature can have no application.
B. If a person is found responsible for a civil traffic violation resulting from operating a bicycle:
1. A department or agency of this state may not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked. A court may not transmit an abstract of the record of the violation to the department of transportation.
2. An insurer may not consider the violation as a moving traffic violation against the person for the purpose of establishing rates for motor vehicle liability insurance or determining the insurability of the person. an insurer may not cancel or refuse to renew an insurance policy because of the violation.
3. A report may not be made under section 28‑1559, subsection B.
Sec. 3. Section 28-885, Arizona Revised Statutes, is amended to read:
28-885. Civil traffic violation; civil penalty; recall of placards and plates; defense
A. If a law enforcement officer or a parking enforcement specialist employed by a local authority finds a motor vehicle in violation of this article, the person shall issue a complaint to the operator or other person in charge of the motor vehicle or, if an operator or person in charge is not present, to the registered owner of the vehicle for a civil traffic violation. A court or duly appointed hearing officer may impose on the operator, person in charge or owner of a vehicle parked in violation of this section a minimum civil penalty of fifty dollars plus the penalty assessments prescribed by statute.
B. If a person violates this article, the director may recall the placard or international symbol of access special plates issued to the person.
C. If no vehicle operator was present and an officer served a complaint on the registered owner of the vehicle, the court may dismiss a violation of this section if the person produces in court proof of a disability placard for the REGISTERED owner's vehicle that was valid on the date of the violation.
Sec. 4. Section 28-1592, Arizona Revised Statutes, is amended to read:
28-1592. Commencement of action; original citation changes
A. A civil traffic violation case is commenced by issuance or filing of a uniform traffic ticket and complaint as provided in this article.
B. A civil traffic violation case shall be commenced as follows:
1. If a case is commenced by issuance, it shall be issued within sixty days of after the alleged violation.
2. If the case is commenced by filing, it shall be filed within sixty days of after the alleged violation and shall be served within ninety days from after the filing date.
3. Except as provided in paragraph 4 of this subsection, within one hundred eighty days of after the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident.
4. Within one year of after the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident resulting in death.
C. On an original citation, if a peace officer or duly authorized traffic agent changes the date, time or location of the violation or the section of law that is allegedly violated, the original citation must be amended through the court pursuant to the Arizona rules of civil traffic and civil boating violations.
APPROVED BY THE GOVERNOR APRIL 12, 2018.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 13, 2018.
