House of Representatives

HB 2277

red lights; violations; procedures

(now:  traffic lights; violations; procedures)

Sponsors: Representative Voss, Senator Richardson

 

DPA

Committee on Judiciary

dpa

S/e

Committee on Transportation

dpa

Caucus and COW

 

x

As Transmitted to the Governor

 

House Bill 2277 retains the fines for red light, stop sign and left turn violations at current statutory levels and requires that a person who makes one of these violations attend Traffic Survival School if the person is ineligible to attend Defensive Driving School.  In addition, the bill charges the Governor’s Highway Safety Team to issue a report on methods to reduce red light violations.

 

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.

 

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.

 

Currently, there are 16 states and the District of Columbia that have policies regarding the use of traffic cameras.

 

Provisions

 

·                      Requires persons violating statutes regarding red stop signals to attend Traffic Survival School (TSS) if the person is not eligible to attend Defensive Driving School (DDS).  A person is ineligible to attend DDS if the person has attended DDS as a result of a traffic violation within a two-year period.

·                      Specifies that failure to complete an order to attend TSS for red traffic signal violations results in an indefinite driver’s license suspension until the person completes TSS.

·                      Specifies that failure to complete an order to attend TSS for violations pertaining to red signals, stop signs and left turns in intersections resulting in serious physical injury or death result in an indefinite driver’s license suspension until the person completes TSS.

·                      Allows a civil traffic violation case to be commenced by the filing of a uniform civil traffic complaint and increases the filing time for the complaint from 30 days to within 60 days of the alleged violation.

·                      Requires the Governor’s Highway Safety Team to conduct a traffic and engineering study to determine methods to reduce red light violations.

·                      Requires the Governor’s Highway Safety Team to submit a preliminary report by the end of 2001 and a final report of their findings the following year.

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·                      45th Legislature                                                                                                                       

·                      First Regular Session                           3                                                    November 27, 2001

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