ARIZONA STATE SENATE
Phoenix, Arizona
Prohibits the use of
handheld electronic devices while operating a motor vehicle.
The National Highway Traffic
Safety Administration (NHTSA) estimates that at least 80 million people
subscribe to wireless telephone services, and approximately 85 percent of those
subscribers use their phones while driving to conduct personal and professional
business, call for assistance, report emergencies, convey information about
hazardous road conditions and report aggressive or drunk drivers. A recent NHTSA article, “An Investigation
of the Safety Implications of Wireless Communications in Vehicles,” published
in 1998, examined available research studies and crash data relating to
cellular telephone use while driving that resulted in motor vehicle
collisions. The report found that the
use of cellular phones in motor vehicles is associated with an increase of the
risk of a collision.
According to the National
Conference of State Legislatures (NCSL), currently no state bans wireless
phones in automobiles; however, a few states specifically regulate cellular
telephone use in motor vehicles. California, Florida and Massachusetts impose
minor restrictions on cellular telephone use in vehicles. Last year, 27 states considered legislation
concerning the use of cellular telephones and other technology in automobiles.
Bills concerning cellular telephone use and driving are currently pending in
Indiana, Maryland, Massachusetts, Mississippi, New Jersey, New York, Illinois
and Virginia.
This legislation has no
determinable fiscal impact to the state general fund.
Provisions
1. Prohibits a person from using a cellular telephone, a personal computer or any other electronic device that is not installed by the manufacturer and is essential to the operation of the vehicle while driving. Navigation systems, radios and electronic displays of speed and mileage are not included in this prohibition.
2. Allows the use of hands-free cellular telephones, personal computers and electronic devices while operating a vehicle.
3. Exempts specified individuals from the prohibition including law enforcement personnel and persons holding a commercial driver license while driving within the scope of employment.
4. Prescribes a nonmoving civil traffic violation for an electronic device violation. Establishes a civil penalty of $50 for a violation that does not result in a vehicle accident and a civil penalty of $100 for a violation that results in a vehicle accident.
5. Requires the investigating law enforcement officer to indicate the use of an electronic device on a written accident report when a person is cited for an electronic device violation that results in a vehicle accident.
6. Requires the Department of Transportation to submit an annual report to the Legislature, the Governor and the Governor’s Office of Highway Safety that includes the number of accidents in this state in the previous calendar year in which an electronic device was in use at the time of the accident.
7. Requires the Governor’s Office of Highway Safety and the Department of Public Safety to inform the public about the danger and illegality of using cellular telephones, personal computers, televisions and other electronic devices while driving.
8. Requires manufacturers of cellular telephones to affix to the front of the outside packaging of cellular telephones the following warning: “The use of a cellular telephone while operating a motor vehicle has been known to be a cause of traffic accidents and the use of a handheld cellular telephone while operating a motor vehicle is prohibited by law in the state of Arizona.”
9. Transfers existing prohibition of televisions within vehicles to the newly created article regarding the operation of electronic devices while driving.
10. Defines terms.
11. Provides for a general effective date.
Prepared by Senate Staff
January 8, 2001