----------------------------------------------------------------------------------------- ¦ REFERENCE TITLE: driver licenses ¦ ----------------------------------------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ First Regular Session ¦ ¦ 2001 ¦ ¦ ¦ ----------------------------------------------------------------------------------------- ¦ HB 2053 ¦ ----------------------------------------------------------------------------------------- ¦ Introduced by ¦ ¦ Representatives Cooley: Carruthers, Hatch-Miller, Huppenthal, Knaperek, Senator Martin ¦ -----------------------------------------------------------------------------------------
AN ACT
AMENDING SECTIONS 13-907, 28-3005, 28-3158, 28-3174, 28-3312 AND 28-3315, ARIZONA REVISED STATUTES; RELATING TO DRIVER LICENSES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-907, Arizona Revised Statutes, is amended to read:
13-907. Setting aside judgment of convicted person on discharge; making of application; release from disabilities; exceptions
A. Except as provided in subsection B of this section, every person convicted of a
criminal offense may, upon fulfillment of the conditions of probation or sentence and
discharge by the court, apply to the judge, justice of the peace or magistrate who
pronounced sentence or imposed probation or such judge, justice of the peace or
magistrate's successor in office to have the judgment of guilt set aside. The convicted
person shall be informed of this right at the time of discharge. The application to set
aside the judgment may be made by the convicted person or by the convicted person's
attorney or probation officer authorized in writing. If the judge, justice of the peace
or magistrate grants the application, the judge, justice of the peace or magistrate shall
set aside the judgment of guilt, dismiss the accusations or information and order that
the person be released from all penalties and disabilities resulting from the conviction
other than those imposed by the department of transportation pursuant to section
28-3304, 28-3306, 28-3307 or 28-3308, except that the conviction may be used as a
conviction if such conviction would be admissible had it not been set aside and may be
pleaded and proved in any subsequent prosecution of such person by the state or any of
its subdivisions for any offense or used by the department of transportation in
enforcing the provisions of section 28-3304, 28-3306, 28-3307 or 28-3308 as if the
judgment of guilt had not been set aside.
B. This section does not apply to a person convicted of a criminal offense:
1. Involving the infliction of serious physical injury.
2. Involving the use or exhibition of a deadly weapon or dangerous instrument.
3. In violation of chapter 14 of this title.
4. In which the victim is a minor under fifteen years of age.
5. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.
Sec. 2. Section 28-3005, Arizona Revised Statutes, is amended to read:
28-3005. Medical or psychological reports; immunity; definitions
A. A physician, psychologist or certified substance abuse counselor who provides information to the director in good faith and at the written request of a driver license applicant or licensee concerning a person's medical or psychological condition with respect to operation of a motor vehicle is immune from personal liability with respect to the information provided.
B. Notwithstanding the physician-patient or psychologist-client confidentiality relationship, a physician or psychologist may voluntarily report a patient to the department who has a medical or psychological condition that in the opinion of the physician or psychologist could significantly impair the person's ability to safely operate a motor vehicle. If a report is made, the physician or psychologist shall make the report in writing, including the name, address and date of birth of the patient. On receipt of the report, the department may require an examination of the person reported in the manner provided by section 28-3314. A person shall not bring an action against a physician or psychologist for not making a report pursuant to this subsection. The physician or psychologist submitting the report in good faith is immune from civil or criminal liability for making the report pursuant to this subsection. The physician's or psychologist's report is subject to subpoena or order to produce in an action except an action against the physician or psychologist submitting the report.
C. In this section:
1. "Certified substance abuse counselor" means a person who is certified by the
board of behavioral health examiners in this state, who is certified in a contiguous
ANOTHER state, who is certified by a board for certification of addiction
counselors, who is a nationally certified addiction counselor or who is employed by the
federal government and practicing in this state.
2. "Medical or psychological condition" means a condition that could affect a person's functional ability to safely operate a motor vehicle.
3. "Physician" means a medical doctor, optometrist, chiropractor, naturopathic
physician, doctor of osteopathy or doctor of homeopathy who is licensed to practice in
this state or a state contiguous to this ANOTHER state or who is employed by
the federal government and practicing in this state or their agents.
4. "Psychologist" means a person who is licensed pursuant to title 32, chapter
19.1, who is licensed to practice psychology in a state contiguous to this ANOTHER
state or who is employed by the federal government and practicing in this state.
Sec. 3. Section 28-3158, Arizona Revised Statutes, is amended to read:
28-3158. Driver license or instruction permit application
A. A person who applies for an instruction permit or for a driver license shall use
a form furnished PRESCRIBED OR AUTHORIZED by the department.
B. An applicant shall pay the fee prescribed by section 28-3002 for a driver license or for an instruction permit issued under section 28-3154, 28-3155, 28-3156 or 28-3225. Payment of the fee required by this section entitles the applicant to not more than three attempts to pass the written examination or road test within twelve months from the date of the application. The department shall refund an application fee pursuant to section 28-373. An applicant who submits documentation of successful completion of a driver education course approved by the department is not required to take the road test.
C. An applicant for an instruction permit or a driver license shall give the department satisfactory proof of the applicant's full legal name, date of birth, sex and residence address and that the applicant's presence in the United States is authorized under federal law.
D. The application for an instruction permit or a driver license shall state the following:
1. A brief description of the applicant and any other identifying information required by the department.
2. Whether the applicant has been licensed, and if so, the type of license issued, when the license was issued and what state or country issued the license.
3. Whether the license was suspended or revoked or whether an application was ever refused, and if so, the date of and reason for the suspension, revocation or refusal.
4. If the applicant was never licensed, the applicant's last previous state or country of residence.
5. The social security number of the applicant unless the application is for a nonresident commercial driver license OR THE APPLICANT PROVIDES EVIDENCE SATISFACTORY TO THE DIRECTOR THAT THE APPLICANT DOES NOT HAVE A SOCIAL SECURITY NUMBER.
E. The department shall:
1. Verify that a social security number provided by an applicant is a valid number assigned to that applicant.
2. Retain the social security number in its records.
F. The social security number provided to the department pursuant to subsection D of this section for an applicant's driver license or instruction permit shall not appear on an applicant's driver license or instruction permit unless the applicant requests that the social security number appear on the applicant's driver license or instruction permit as the driver license or instruction permit number. Except as provided in sections 28- 450 and 41-1954, the department shall not release the social security number to any person unless the applicant requests that the social security number appear on the applicant's driver license or instruction permit as the driver license or instruction permit number. The provisions of this subsection shall be included in each application.
G. The department may adopt and implement procedures to deny a driver license or instruction permit to a person who has been deported. The department may adopt and implement procedures to reinstate a person's privilege to apply for a driver license or permit if the person's legal presence status is restored.
H. On request of an applicant, the department shall allow the applicant to provide on the license or permit a post office box address that is regularly used by the applicant.
I. The department may request an applicant who appears in person for a license, a duplicate license or reinstatement of a driving privilege to complete satisfactorily the vision screening prescribed by the department.
Sec. 4. Section 28-3174, Arizona Revised Statutes, is amended to read:
28-3174. Class G driver licenses; motorcycles
A. A person who is under eighteen years of age may apply to the department for a class G driver license if all of the following apply:
1. The person is at least sixteen years of age.
2. The person has a valid instruction permit issued pursuant to this article and the person has held the instruction permit for at least five months, except that this requirement does not apply to a person who has a currently valid driver license issued by another jurisdiction.
3. Either:
(a) The person has satisfactorily completed a driver education program that is approved by the department of transportation. If the driver education program is offered by a public high school, the program shall be approved by the department of transportation in consultation with the department of education.
(b) A custodial parent or guardian of the person certifies in writing to the department that the applicant has completed at least twenty-five hours of supervised driving practice and that at least five of the required practice hours were at night.
B. If the applicant successfully passes the examination prescribed in section 28- 3164 and satisfies the requirements prescribed in subsection A of this section, the department may issue a class G driver license to the applicant.
C. A class G driver license entitles the licensee to drive a motor vehicle that requires a class G license on the public highways.
D. A person who holds a class G driver license may apply for a class D license on or after the person's eighteenth birthday, except that a person whose class G driver license is suspended pursuant to section 28-3321 is not entitled to receive a class D driver license until after the suspension period expires.
E. If a person who is under eighteen years of age and at least sixteen years of age applies for a class M license or a motorcycle endorsement, the department shall not issue the class M license or motorcycle endorsement to the person unless both of the following apply:
1. The applicant has held an instruction permit issued pursuant to section 28-3156 for at least five months, EXCEPT THAT THIS REQUIREMENT DOES NOT APPLY TO A PERSON WHO HAS A CURRENTLY VALID MOTORCYCLE DRIVER LICENSE OR ENDORSEMENT ISSUED BY ANOTHER JURISDICTION.
2. Either:
(a) The person has satisfactorily completed a motorcycle driver education program that is approved by the department. If the driver education program is offered by a public high school, the program shall be approved by the department of transportation in consultation with the department of education.
(b) A custodial parent or guardian of the person certifies in writing to the department that the applicant has completed at least twenty-five hours of motorcycle driving practice.
Sec. 5. Section 28-3312, Arizona Revised Statutes, is amended to read:
28-3312. Mandatory disqualification of commercial driver license; definition
A. The department shall disqualify a person from driving a commercial motor vehicle as follows:
1. Except as otherwise provided in this subsection, for at least one year from the date a person is convicted of a first violation of any of the following:
(a) Driving a commercial motor vehicle under the influence of intoxicating liquor or a controlled substance or while having an alcohol concentration of 0.04 or more.
(b) Leaving the scene of an accident involving a commercial motor vehicle driven by the person.
(c) Using a commercial motor vehicle in the commission of a felony.
2. For at least three years, if any of the violations prescribed in paragraph 1 of this subsection occurred while the person was transporting a hazardous material in the quantity and under the circumstances that require placarding of the transport vehicle under the department's safety rules pursuant to chapter 14 of this title.
3. Except as provided in subsection B of this section, for the life of the person, if the person is convicted of two or more violations of any of the offenses prescribed in paragraph 1 of this subsection or of any combination of those offenses arising from two or more separate incidents. The department shall consider only offenses committed from and after December 31, 1989 in applying this paragraph.
4. For the life of the person, if the person uses a commercial motor vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance or possession with intent to manufacture, distribute or dispense a controlled substance.
5. For at least sixty consecutive days, if the person is convicted of two serious traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three year period from the date of the conviction.
6. For at least one hundred twenty consecutive days, if the person is convicted of three serious traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three year period from the date of the conviction.
B. Except as provided in subsection C of this section, a person who is found responsible for violating an out-of-service order pursuant to section 28-5241 is disqualified from driving a commercial motor vehicle as follows:
1. For a period of ninety days if the person is found responsible for a first violation of an out-of-service order.
2. For a period of one year if the person is found responsible for a second violation of any out-of-service order during any ten year period arising from separate incidents.
3. For a period of three years if the person is found responsible for a third or subsequent violation of any out-of-service order during any ten year period arising from separate incidents.
C. A person who is found responsible for violating an out-of-service order pursuant to section 28-5241 while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen or more passengers, including the driver, is disqualified from driving a commercial motor vehicle as follows:
1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out-of-service order.
2. For a period of two years if the person is found responsible for a second or subsequent violation of any out-of-service order during any ten year period arising from separate incidents.
D. A PERSON WHO IS CONVICTED OF OR FOUND RESPONSIBLE FOR VIOLATING ANY FEDERAL, STATE OR LOCAL RAILROAD GRADE CROSSING LAW, ORDINANCE OR REGULATION IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE AS FOLLOWS:
1. FOR A PERIOD OF SIXTY DAYS IF A PERSON IS CONVICTED OF OR FOUND RESPONSIBLE FOR A FIRST VIOLATION.
2. FOR A PERIOD OF ONE HUNDRED TWENTY DAYS IF A PERSON IS CONVICTED OF OR FOUND RESPONSIBLE FOR A SECOND VIOLATION DURING ANY THREE YEAR PERIOD.
3. FOR A PERIOD OF ONE YEAR IF A PERSON IS CONVICTED OF OR FOUND RESPONSIBLE FOR A THIRD OR SUBSEQUENT VIOLATION DURING ANY THREE YEAR PERIOD.
D. E. The department may adopt rules establishing guidelines and
conditions under which the department may reduce a disqualification for life pursuant to
subsection A, paragraph 3 of this section to a disqualification of at least ten years.
IF A PERSON'S DISQUALIFICATION IS REDUCED PURSUANT TO RULES ADOPTED PURSUANT TO THIS
SUBSECTION AND THE PERSON IS SUBSEQUENTLY DISQUALIFIED PURSUANT TO SUBSECTION A,
PARAGRAPH 3 OF THIS SECTION, THE PERSON IS PERMANENTLY DISQUALIFIED FROM DRIVING A
COMMERCIAL VEHICLE AND IS NOT ELIGIBLE TO APPLY FOR A REDUCTION OF THE DISQUALIFICATION
PURSUANT TO RULES ADOPTED PURSUANT TO THIS SUBSECTION.
E. F. For purposes of this section, "serious traffic violation" means
a conviction for any of the following:
1. Excessive speeding involving a single offense for a speed of fifteen miles per hour or more above the posted speed limit.
2. Reckless driving as provided by section 28-693.
3. Aggressive driving as provided by section 28-695.
4. Racing as defined in section 28-708.
5. Improper or erratic traffic lane changes as provided by section 28-729.
6. Following the vehicle ahead too closely as provided by section 28-730.
7. A violation of this title that is connected with a fatal traffic accident.
Sec. 6. Section 28-3315, Arizona Revised Statutes, is amended to read:
28-3315. Period of suspension, revocation or disqualification; unlicensed drivers
A. The department shall not suspend, revoke or disqualify a driver license or
privilege to drive a motor vehicle on the public highways for more than one year from the
date of a conviction or judgment, if any, against a person for which this chapter makes
revocation, suspension or disqualification mandatory or from the date the notice is sent
pursuant to section 28-3318 if no conviction was involved, except as permitted under
subsection D E of this section and sections 28-1383, 28-3312, 28-3319, 28-3320
and 28-3473.
B. A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for a new license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law. After the department investigates an applicant's driving record in this state OR ANOTHER STATE BY EXAMINING DEPARTMENT RECORDS OR OTHER SUFFICIENT EVIDENCE to determine that all withdrawal actions are complete, that the applicant has not committed any traffic violations within twelve months preceding application and that all other statutory requirements are satisfied, the department may issue a new license.
C. THE DEPARTMENT SHALL NOT ACCEPT AN APPLICATION FOR REINSTATEMENT OF A DRIVER LICENSE UNTIL AFTER THE TWELVE MONTH PERIOD PRESCRIBED IN SUBSECTION B OF THIS SECTION HAS ELAPSED.
C. D. If the revocation is related to alcohol or other drugs, the
person shall provide the department with a current evaluation from a physician licensed
pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32,
chapter 19.1 or a certified substance abuse counselor as defined in section 28-3005
indicating that, in the opinion of the physician, psychologist or counselor, the
condition does not affect or impair the person's ability to safely operate a motor
vehicle. For the purposes of reinstating a license or driving privilege pursuant to this
article, the department may rely on the opinion of a physician licensed pursuant to title
32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a
certified substance abuse counselor as defined in section 28-3005.
D. E. Notwithstanding subsections A and B of this section:
1. A person whose license or privilege to drive is revoked pursuant to section 28- 1383, subsection J or section 28-3304, subsection A, paragraph 1 or 9 is not entitled to have the person's license or privilege renewed or restored for three years.
2. A person whose license or privilege to drive is revoked pursuant to section 13- 1209 is not entitled to have the person's license or privilege renewed or restored for the period of time ordered by the court.
E. F. Except as provided in section 28-3473, if an unlicensed driver
commits an offense for which a driver license could be suspended, revoked or
disqualified, the department shall not accept the unlicensed driver's application for a
driver license for a period equal to the period of time that applies to a driver with a
license. If the offense is one for which a driver license could be revoked, the
department shall not accept the unlicensed driver's application for a driver license
unless it investigates the character, habits and driving ability of the person and is
satisfied that it is safe to grant the privilege of driving a motor vehicle on the public
highways.
F. G. The expiration of a person's license during the period of time it
is under suspension, revocation or disqualification does not invalidate or terminate the
suspension, revocation or disqualification.
G. H. A person whose license or privilege to drive a motor vehicle on
the public highways has been suspended pursuant to section 28-3306, subsection A,
paragraph 5 or section 28-3314 may apply for a new license as provided by law after the
cause for suspension is removed or after expiration of the suspension period prescribed
by law if both of the following conditions are met:
1. The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways.
2. If the person has a medical condition related to alcohol or other drugs, the person provides the department with a current evaluation form from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a certified substance abuse counselor as defined in section 28-3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to operate a motor vehicle in a safe manner.