House of Representatives

HB 2370

motor carriers; tow truck exceptions

(now: traffic accidents; clearance; HOV lane)

Sponsors: Representatives Cooley, Pearce, Anderson, et al

 

dpa
S/E

Committee on Transportation

dpa

Caucus and COW

 

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As Transmitted to the Governor

 

House Bill 2370 establishes two major provisions.  The first provision authorizes the operator of a motor vehicle or any other licensed driver at request of the vehicle’s operator, or the Arizona Department of Transportation (ADOT) to remove vehicles involved in traffic accidents or are otherwise incapacitated from controlled access highways (freeways) or other highways if the vehicle can be safely moved and death or serious physical injury is not apparent. The second provision establishes state highway work zones and imposes an additional assessment on speeding fines for motorists found responsible for speeding in state highway work zones when workers are present. In addition, HB 2370 reduces the civil penalty from $350 to $200 for high occupancy vehicle (HOV) lane violations.

 

Quick Clearance and HOV Lane Provisions

 

·                      Requires a driver, or other licensed occupant of the vehicle, involved in an accident on a controlled access highway or other highway divided into two or more lanes to remove the vehicle from the roadway if death or serious physical injury is not apparent, and the operation and movement of the vehicle can be done safely.

·                      Permits another licensed driver at the request of the vehicle’s operator to remove the vehicle from the roadway.

·                      Exempts the driver or any other person who removes the vehicle from the roadway in accordance with the law from liability or fault regarding the cause of the accident solely for removing the vehicle.

·                      Specifies that driver’s involved in accidents are not exempt from stopping and providing required information or filing written reports required by local law enforcement agencies.

·                      Provides that a police officer is not relieved of the duty to file a written accident report.

·                      Grants ADOT the authority to require removal and assist in removing incapacitated vehicles including those that have been involved in a traffic accident provided death or serious physical injury is not apparent, and the operation and removal of the vehicle can be done safely.

·                      Prohibits ADOT from requiring removal or assisting in the removal of a vehicle if death or serious physical injury is apparent until a police officer has completed the initial accident investigation.

·                      Reduces the civil penalty from $350 to $200 for operating a vehicle in the high occupancy vehicle (HOV) lane during the period that the use of the lane is restricted to vehicles caring two or more persons or other specified vehicles.

·                      Eliminates the law enforcement alternative fuel vehicle fund.

·                      Removes provisions requiring deposit of civil penalties for HOV lane violations into the law enforcement alternative fuel vehicle fund and the clean air fund.

·                      Allows a tow truck operator to drive in the high occupancy vehicle lanes without penalty during the performance of the tow truck operator’s duties.

 

State Highway Work Zone Provisions

·                      Requires ADOT to adopt standards and specifications for implementing traffic control devices in state highway work zones.

·                      States that the standards and specifications shall include posting signs at least 1000 feet before a work zone to warn drivers they are approaching a work zone, and signs to indicate the end of the work zone.

·                      Mandates signs to be posted at lease every 2500 feet to warn drivers that speeding fines will be doubled if workers are present.

·                      Creates a new violation for speeding in a highway work zone.

·                      Imposes a penalty assessment equal to the speeding fine for speeding in a highway work zone if workers are present.

·                      Establishes a highway work zone safety fund administered by the governor’s office of highway safety in which one-quarter of the penalty assessment is deposited for the purpose of establishing and maintaining a public education program for highway work zone safety.

·                      Specifies the other quarter of the penalty assessment is deposited in the State Highway Fund to offset costs for state highway work zone signage.

·                      Specifies that monies in the fund are continuously appropriated.

·                      Requires the court to collect the penalty assessment at the same time that the court collects the civil penalty.

·                      Mandates the court to treat a failure to pay the penalty assessment in the same manner as a failure to pay a civil penalty.

·                      Defines “highway work zone” as an area within a state highway right of way and that is subject to preliminary engineering work or construction, repair or maintenance work.

·                      Applies these provisions and requirements only to ADOT and state highways.

·                      Mandates sign removal after preliminary engineering work, repair or maintenance work is complete.

·                      Mandates flaggers stationed in highway work zones to have completed a recognized training and certification program.

·                      Makes technical and conforming changes.

 

 

 

 

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45th Legislature                                                                                                                                   

First Regular Session                                       3                                                             May 14, 2001

 

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