----------------------------------------------------------------------------- ¦ REFERENCE TITLE: red lights; violations; procedures ¦ ----------------------------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ First Regular Session ¦ ¦ 2001 ¦ ----------------------------------------------------------------------------- ¦ HB 2277 ¦ ----------------------------------------------------------------------------- ¦ Introduced by ¦ ¦ Representative Voss, Senator Richardson: Representatives Carpenter, Nelson ¦ -----------------------------------------------------------------------------
AN ACT
AMENDING SECTIONS 28-645, 28-647, 28-672, 28-772, 28-855, 28-1592 AND 28-1593, 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 28-645, Arizona Revised Statutes, is amended to read:
28-645. Traffic control signal legend
A. If traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend. The lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
1. Green indication:
(a) Vehicular traffic facing a green signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.
(b) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(c) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, pedestrians facing any green signal, except if the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
2. Steady yellow indication:
(a) Vehicular traffic facing a steady yellow signal is warned by the signal that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.
(b) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, pedestrians facing a steady yellow signal are advised by the signal that there is insufficient time to cross the roadway before a red indication is shown and a pedestrian shall not then start to cross the roadway.
3. Red indication:
(a) Except as provided in subdivisions (b) and (c) of this paragraph, vehicular traffic facing a steady red signal alone shall stop BEHIND THE LEADING EDGE OF THE FIRST CROSSWALK OR SAFETY ZONE LINE before entering the intersection and shall remain standing until an indication to proceed is shown. A PERSON WHO VIOLATES THIS SUBDIVISION IS SUBJECT TO A CIVIL PENALTY OF AT LEAST TWO HUNDRED FIFTY DOLLARS.
(b) The driver of a vehicle that is stopped in obedience to a red signal and as close as practicable at the entrance to the crosswalk on the near side of the intersection, or if there is no crosswalk, then at the entrance to the intersection, may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal. A right turn may be prohibited against a red signal at any intersection if a sign prohibiting the turn is erected at the intersection.
(c) The driver of a vehicle on a one-way street that intersects another one-way street on which traffic moves to the left shall stop in obedience to a red signal but may then make a left turn into the one-way street. The driver shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that such left turn may be prohibited if a sign prohibiting the turn is erected at the intersection.
(d) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, a pedestrian facing a steady red signal alone shall not enter the roadway.
B. If an official traffic control signal is erected and maintained at a place other than an intersection, this section applies except as to those provisions of this section that by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of a sign or marking the stop shall be made at the signal.
C. The driver of a vehicle approaching an intersection that has an official traffic control signal that is inoperative shall bring the vehicle to a complete stop before entering the intersection and may proceed with caution only when it is safe to do so. If two or more vehicles approach an intersection from different streets or highways at approximately the same time and the official traffic control signal for the intersection is inoperative, the driver of each vehicle shall bring the vehicle to a complete stop before entering the intersection and the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right.
Sec. 2. Section 28-647, Arizona Revised Statutes, is amended to read:
28-647. Flashing signals
If an illuminated flashing red or yellow signal is used in a traffic sign or signal it requires obedience by vehicular traffic as follows:
1. Flashing red stop signal. If a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line if marked, or if none, then before entering the intersection, and the right to proceed is subject to the rules applicable after making a stop at a stop sign. A PERSON WHO VIOLATES THIS PARAGRAPH IS SUBJECT TO A CIVIL PENALTY OF AT LEAST TWO HUNDRED FIFTY DOLLARS.
2. Flashing yellow caution signal. If a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.
Sec. 3. Section 28-672, Arizona Revised Statutes, is amended to read:
28-672. Accidents and moving violations; serious physical injury; death; penalties
A. A person is responsible for a civil traffic violation if the person violates any one of the following and the violation results in an accident causing serious physical injury as defined in section 13-105 to another person:
1. Section 28-645, subsection A, paragraph 3, subdivision (a).
2. Section 28-772.
3. Section 28-855, subsection B.
B. Notwithstanding section 28-1598, A person who violates subsection A of this
section is subject to a civil penalty of up to five hundred ONE THOUSAND
dollars, the person shall attend and successfully complete traffic survival school
training and educational sessions that are designed to improve the safety and habits of
drivers and that are approved by the department and the court shall report the judgment
to the department and may direct the department to suspend the person's driving privilege
for ninety days. In addition, the court may SHALL order the person to perform
UP TO FORTY HOURS OF community service.
C. A person is responsible for a civil traffic violation if the person violates any one of the following and the violation results in an accident causing death to another person:
1. Section 28-645, subsection A, paragraph 3, subdivision (a).
2. Section 28-772.
3. Section 28-855, subsection B.
D. Notwithstanding section 28-1598, A person who violates subsection C of this
section is subject to a civil penalty of up to one thousand TWO THOUSAND FIVE
HUNDRED dollars, the person shall attend and successfully complete traffic survival
school training and educational sessions that are designed to improve the safety and
habits of drivers and that are approved by the department and the court shall report the
judgment to the department and may direct the department to suspend the person's driving
privilege for one hundred eighty days. In addition, the court may SHALL order
the person to perform UP TO FORTY HOURS OF community service.
E. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of subsection A or C of this section, the suspension period prescribed in subsection B or D of this section shall run concurrently with the other suspension period.
F. If a person is ordered to FAILS TO SUCCESSFULLY COMPLETE TRAFFIC SURVIVAL
SCHOOL TRAINING AND EDUCATIONAL SESSIONS OR perform community service pursuant to
subsection B or D of this section and fails to comply with the order, the court shall
notify the department and the department shall promptly suspend the driver license or
permit of the driver or the privilege of a nonresident to drive a motor vehicle in this
state until the order is satisfied.
Sec. 4. Section 28-772, Arizona Revised Statutes, is amended to read:
28-772. Vehicle turning left at intersection
The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is within the intersection or so close to the intersection as to constitute an immediate hazard. A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO A CIVIL PENALTY OF AT LEAST TWO HUNDRED FIFTY DOLLARS.
Sec. 5. Section 28-855, Arizona Revised Statutes, is amended to read:
28-855. Stop signs; yield signs
A. The director, with reference to state highways, and local authorities, with reference to other highways under their jurisdiction, may designate through highways and erect stop or yield signs at specified entrances to the through highways or may designate an intersection as a stop or yield intersection and erect like signs at one or more entrances to the intersection.
B. A driver of a vehicle approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection, or if there is no crosswalk, shall stop at a clearly marked stop line, or if there is no line, shall stop at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection except when directed to proceed by a police officer. A PERSON WHO VIOLATES THIS SUBSECTION IS SUBJECT TO A CIVIL PENALTY OF AT LEAST TWO HUNDRED FIFTY DOLLARS.
C. The driver of a vehicle approaching a yield sign shall slow down in obedience to the sign to a speed reasonable for the existing conditions and shall yield the right-of- way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If after driving past a yield sign without stopping the driver is involved in a collision with a vehicle in the intersection, the collision is prima facie evidence of the driver's failure to yield the right-of-way.
Sec. 6. Section 28-1592, Arizona Revised Statutes, is amended to read:
28-1592. Commencement of action
A. A civil traffic violation case is commenced by issuance OR FILING of a uniform traffic complaint as provided in this article.
B. A civil traffic violation case shall be commenced either:
1. Within thirty SIXTY days of the alleged violation.
2. Within one hundred eighty days of the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident.
Sec. 7. Section 28-1593, Arizona Revised Statutes, is amended to read:
28-1593. Service of uniform traffic complaint
A. A traffic complaint may be served by delivering a copy of the uniform traffic complaint citation to the person charged with the violation, BY DELIVERING A COPY OF THE CITATION BY FIRST CLASS MAIL TO THE PERSON AT THE ADDRESS PROVIDED TO THE DEPARTMENT BY THE PERSON CHARGED WITH THE VIOLATION or by any means authorized by the rules of civil procedure. At the discretion of the issuing authority, a complaint for a violation issued after an investigation in conjunction with a traffic accident may be sent by certified mail, return receipt requested, AND delivered to addressee only to the address provided by the person charged with the violation. Service of the complaint is complete on filing the receipt in the court having jurisdiction of the violation.
B. The original complaint shall be filed in a court having jurisdiction of the violation within ten court days of the time the complaint was issued. A peace officer or duly authorized agent of a traffic enforcement agency may issue the traffic complaint.