HB2277 - 451R - House Bill Summary

House of Representatives

HB 2277

red lights; violations; procedures

Sponsors: Representative Voss, Senator Richardson

DPA	Committee on Judiciary
X	Committee on Transportation
	Caucus and COW
	As Passed the House

House Bill 2277 specifies civil penalties of at least $250 for persons violating statutes pertaining to red lights, left turns in intersections and stop signs. In addition, HB 2277 increases the fines for running a red light, stop sign or turning left in an unsafe manner if death or serious physical injury occurs as a result of the violation. HB 2277 also specifies that a civil traffic complaint may be served by delivering a copy of the citation by first class mail to the person charged with the violation.

History

Currently, the cities of Mesa, Paradise Valley, Scottsdale, Tempe and Chandler employ photo enforcement technologies to cite red light offenders. Local authorities that enforce traffic laws by utilizing photo enforcement or monitoring systems contract with a private vendor for a fee based on each violation adjudicated as guilty or responsible. The vendor obtains the record of the registered vehicle owner from the Arizona Department of Transportation Motor Vehicle Division (MVD) and issues the citation to the registered owner of the vehicle via first class mail. The person charged with the violation is to either return the citation to the court along with payment of the fine or appear in court to deny the charges and request a trial or hearing.

Based on information from Mesa’s Police Department, photo citations are mailed to the registered owner of the vehicle regardless of whether the vehicle is a company vehicle, from an Arizona county other than Maricopa or from another state. If the person is an Arizona resident and does not respond to the mailed citation, Mesa’s contract process server utilizes a process server located in the vehicle owner’s county or city to serve the citation. In the case of company vehicles, Mesa states the citation is mailed to the registered (company) owner who forwards the citation to the employee driving the vehicle at the time the violation occurred. If the vehicle is registered in another state, the citation is mailed to the registered owner in that state. Mesa Police Department states there is a high compliance rate on out-of-state citations.

According to the Insurance Institute for Highway Safety, between 1992 and 1998, almost 6,000 people died in crashes involving red light violations and more than half of them were pedestrians and occupants of other vehicles hit by red light runners. Another 2,779 deaths occurred in the vehicles running the red lights. During the same period, about 1.5 million people were injured.

The Insurance Institute for Highway Safety also states that Arizona has the highest rate of fatal red light running accidents of any other state, and Phoenix, Mesa and Tucson are three of the top four cities that have the highest death rate in red light crashes from 1992 to 1998.

Laws 1998, Chapter 243 established a civil penalty of up to $500 and suspension of driving privileges for up to 90 days for violations involving traffic control signals, left turns, stop signs and yield signs that result in serious physical injury. For violations resulting in death or serious physical injury, current statute also prescribes a civil penalty of up to $1000 and suspension of driving privileges for up to 180 days.

Provisions

· Requires drivers at a red light to stop behind the leading edge of the first crosswalk or safety zone line prior to entering any controlled intersection. A violation of this provision subjects the driver to a minimum penalty of $250.

· Provides for a minimum penalty of $250 for failure to stop at a flashing red stoplight.

· Increases the maximum fine for failing to stop behind the crosswalk at a red light, for failing to yield to oncoming traffic while waiting to turn left within an intersection, or for failure to stop at a stop sign if the failure results in an accident causing serious physical injury. Serious physical injury is defined as physical injury which creates a reasonable risk of death, or which causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. Requires the court to order up to 40 hours of community service by the person responsible for the traffic violation.

· Increases the maximum fine for failing to stop behind the crosswalk at a red light, for failing to yield to oncoming traffic while waiting to turn left within an intersection, or for failure to stop at a stop sign if the failure results in an accident causing death. Requires the court to order up to 40 hours of community service by the person responsible for the traffic violation.

· Requires the Arizona Department of Transportation to suspend the driver license or permit of a driver who fails to successfully complete traffic survival school training and education sessions or the court-ordered community service.

· Creates a minimum $250 penalty for a driver who fails to yield the right-of-way to a vehicle approaching from the opposite direction.

· Creates a minimum $250 penalty for a driver who fails to stop at a stop sign.

· Increases the time for the issuing authority to file a civil traffic violation from 30 to 60 days.

· Allows service of civil traffic complaints by first class mail.

· Makes technical and conforming changes.

HB 2277 was amended in the Judiciary Committee as follows:

· Removed language that requires a driver to stop at the leading edge of the crosswalk when approaching an intersection with a red stoplight.

· Changed alternative method of service of process of civil traffic complaint to be done according to the Arizona Rules of Criminal Procedure rather than according to the Arizona Rules of Civil Procedure.

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· 45th Legislature