------------------------------------------------------- ¦ REFERENCE TITLE: transport of cargo space passengers. ¦ ------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ Senate ¦ ¦ Forty-fifth Legislature ¦ ¦ First Regular Session ¦ ¦ 2001 ¦ ------------------------------------------------------- ¦ SB 1203 ¦ ------------------------------------------------------- ¦ Introduced by ¦ ¦ Senators Gerard, Nichols, Hartley: Solomon ¦ -------------------------------------------------------
AN ACT
AMENDING TITLE 28, CHAPTER 3, ARTICLE 15, ARIZONA REVISED STATUTES, BY ADDING SECTION 28-911; RELATING TO TRANSPORT OF CARGO SPACE PASSENGERS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 3, article 15, Arizona Revised Statutes, is amended by adding section 28-911, to read:
28-911. Restrictions on transport of cargo space passengers; civil penalty; exceptions; definition
A. A DRIVER SHALL NOT ALLOW A PASSENGER TO RIDE IN OR ON ANY PORTION OF A MOTOR VEHICLE'S CARGO SPACE UNLESS THE CARGO SPACE HAS BEEN DESIGNED, INTENDED OR RETROFITTED, OR ANY COMBINATION OF THOSE, FOR THE SAFE CONVEYANCE OF PASSENGERS WITH INTEGRATED LAP AND SHOULDER BELTS OR LAP BELTS THAT MEET FEDERAL STANDARDS AS ESTABLISHED IN 49 CODE OF FEDERAL REGULATIONS SECTIONS 571.207, 571.209 AND 571.210 AND THE SAFETY RESTRAINTS ARE BEING USED PROPERLY BY THE CARGO SPACE PASSENGERS.
B. A DRIVER WHO VIOLATES THIS SECTION IS SUBJECT TO A MAXIMUM CIVIL PENALTY OF TEN DOLLARS FOR EACH UNRESTRAINED OR IMPROPERLY RESTRAINED CARGO SPACE PASSENGER FOR THE FIRST VIOLATION AND TWENTY-FIVE DOLLARS FOR EACH UNRESTRAINED OR IMPROPERLY RESTRAINED CARGO SPACE PASSENGER FOR A SECOND OR SUBSEQUENT VIOLATION.
C. THIS SECTION DOES NOT:
1. APPLY TO A DRIVER WHO IS OPERATING A MOTOR VEHICLE ON PRIVATE PROPERTY.
2. APPLY TO PARTICIPANTS IN AN ORGANIZED PARADE TRAVELING AT LESS THAN EIGHT MILES PER HOUR AND UNDER THE SUPERVISION OF A LAW ENFORCEMENT AGENCY.
3. SUPERSEDE MORE STRINGENT FEDERAL OR TRIBAL LAWS.
D. IF A PERSON IS FOUND RESPONSIBLE FOR A CIVIL TRAFFIC VIOLATION PURSUANT TO 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, CANCELED, REVOKED OR REFUSED 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.
E. FOR THE PURPOSES OF THIS SECTION, "CARGO SPACE" MEANS ANY AREA OF A MOTOR VEHICLE THAT IS INTENDED FOR THE TRANSPORT OF PRODUCTS OR MATERIALS.
Sec. 2. Effective date
This act is effective from and after December 31, 2001.