driver licenses
House Bill 2053 makes numerous changes to statutes affecting driver’s license issuance and withdrawal at the request of the Arizona Department of Transportation Motor Vehicle Division (MVD).
The proposed strike-everything amendment to HB 2053 incorporates the provisions of HB 2053 as introduced and adds the following provisions:
Ignition Interlock Devices (IID)
(Formerly HB 2182)
· Adds the provisions of HB 2182 pertaining to ignition interlock as requested by the Arizona Department of Transportation Motor Vehicle Division (MVD).
· Requires MVD to order a person receiving a second Driving Under the Influence (DUI) conviction within sixty months, or a conviction of Extreme DUI or Aggravated DUI install an IID on any vehicle the person operates for a twelve-month period.
· Specifies that the twelve month period begins on the conclusion of the license suspension or revocation period or on the date of conviction, whichever is later.
· Mandates that the person complies with current statutory IID requirements and penalties.
· Defines “certified ignition interlock device.”
Driver’s License Suspension/Revocation and Reinstatement Provisions (HB 2053 & HB 2095)
· Allows MVD to utilize other states’ driving records or other sufficient evidence when making a determination to reinstate a person’s driver’s license following revocation.
· Specifies that the Department must refuse an application for driver’s license reinstatement following revocation if the applicant committed any traffic violations in the twelve-month period prior to the application for reinstatement.
· Establishes a two year driver’s license suspension in ARS Title 28 for a person found guilty of operating a motor vehicle with any spirituous liquor in their body while the person is eighteen, nineteen, or twenty years of age. This resolves the inconsistency between ARS Title 4 and ARS Title 28 since Title 28 only allows the department to suspend the license for this violation if the person is under eighteen years of age.
· Allows restricted driving for the person convicted between the person’s home, school and place of employment during specified periods.
· Defines “conviction.”
Class G Driver’s License
Provisions
· Reduces the time a person must hold a valid instruction permit prior to obtaining a class G license from five months to sixty days.
·
Exempts a person required to obtain a class G motorcycle
license from the requirement to have a valid instruction permit for sixty days
if the person has a valid motorcycle license issued by another jurisdiction.
Seat Belt Violations
· Allows the court to report seat belt violations to MVD if the offender fails to satisfy the citation by payment or appearance in court.
· Allows MVD to assess one point to the person’s driving record as specified in MVD’s driver license point system.
Commercial Driver’s License Provisions (HB 2053)
· Updates the statute pertaining to mandatory commercial driver license disqualification to comply with federal rules if the person is found guilty of violating federal, state or local laws regarding railroad grade crossings.
· Specifies that a commercial driver is not eligible for more than one reduction of a lifetime commercial driver’s license disqualification.
Other Provisions (HB 2053)
· Strikes references to sections of A.R.S. title 28 from A.R.S. § 13-907 pertaining to setting aside of judgements.
· Defines a “certified substance abuse counselor,” “physician” and “psychologist” as a person who is licensed in another state. Current statutory definitions include a person licensed in this state or a contiguous state.
· Clarifies that MVD may prescribe or authorize a form for driver license or permit issuance.
· Allows MVD to issue a driver’s license to a person who does not have a social security number upon presentation of evidence satisfactory to the director that the person does not have a social security number.
· Makes technical and conforming changes.
The Strike-Everything amendment to House Bill 2053 passed the Committee
on Transportation amended:
· Deletes language in the strike-everything amendment pertaining to seat belt violations allowing the court to report a person’s failure to appear or pay for a seat belt violation.
· Restores current statutory language providing drivers applying for a Class G license hold a valid instruction permit for a minimum of five months before qualifying for a Class G drivers license.
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45th Legislature
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First Regular Session 3 January
31, 2001
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