ARIZONA STATE SENATE
Phoenix, Arizona
FINAL
REVISED
extreme DUI; alcohol
concentration
(NOW: suspended driver
licenses; vehicle impoundment)
Allows law enforcement to
seize and impound the vehicle of a person driving on a revoked or suspended
license if the suspension is for driving under the influence (DUI), a previous
conviction of driving on a suspended license or the accumulation of too many
points as a result of convictions for moving violations. Make changes relating to driver license
issuance and progress payments.
Currently, the Motor Vehicle
Division (MVD) suspends or revokes a person’s license for a number of
reasons. According to MVD, 10,418 licenses
were revoked, 5,375 licenses were suspended for DUI related violations and
6,393 licenses were suspended based on point accumulations in the year 2000.
While license
suspension/revocation is one of the most effective countermeasures to address traffic
risk problems, these sanctions have limitations because they do not actually
incapacitate the driver. The National
Highway Traffic Safety Administration sites studies that have found that as
many as 75 percent of these drivers continue to drive during periods of
suspension or revocation. In
California, drivers with suspended or revoked licenses have a 3.7 times higher
fatal crash rate than a driver who has a valid license. According to the National Conference of
State Legislators, eight states either impound vehicles or confiscate license
plates of drivers cited for driving on a suspended license.
There is no known fiscal
impact to the state general fund associated with this legislation.
1. Allows a peace officer to have a vehicle towed and impounded for 30 days if the person is driving the vehicle on a revoked license or suspended license if the suspension is due to a DUI conviction, a previous conviction for driving on a suspended license or the accumulation of too many points as a result of conviction for moving violation.
2. Requires the impounding agency to release the vehicle prior to the 30-day period under any of the following conditions:
·
The
vehicle is stolen.
·
The
vehicle is a business vehicle only driven by an employee in the capacity of
that business.
·
The
owner has proof of driving privilege reinstatement.
·
The
owner or the spouse of the owner of the vehicle was not the driver.
3. Requires installation of an ignition interlock device (IID) prior to release of the vehicle if the vehicle owner is under a current order to have an IID installed. Requires the person to provide a valid driver license and proof of current vehicle registration for release of the vehicle.
4. Authorizes the impounding agency to release the vehicle after the 30-day period to the owner, spouse of the owner or the owner’s agent upon presentation of a valid driver license and current vehicle registration.
5. Requires the owner to pay towing and storage charges and administration fees. The storage fees are capped at five dollars per day.
6. Requires the impounding agency to release the vehicle before the 30-day period to a person who has a recorded interest in the vehicle, pays all fees related to the impoundment and presents foreclosure documents or an affidavit of repossession.
7. Prohibits the impounding agency from applying a possessory lien on a stolen vehicle if the theft was reported to law enforcement and requires the impounding agency to release the vehicle to the owner or a person who has a recorded interest in the vehicle regardless of payment.
8. Requires MVD to establish procedures for poststorage hearings and set administration charges, not to exceed $150, to be collected at the time of release of the vehicle. The administration charges are in addition to any other towing or storage charges for which the owner is responsible.
9. Entitles the owner or the owner’s spouse and any person with a recorded interest in the vehicle an opportunity for a poststorage hearing to determine the validity of the storage or consider any mitigating circumstances before the end of the 30-day period.
10. Requires the person in possession of the vehicle to submit an abandoned vehicle report to MVD if the vehicle remains unclaimed after 30 days.
11. Establishes and details storage notice requirements for MVD.
12. Permits a person under 18 years of age but older than 16 who has a motorcycle license from another jurisdiction to apply for a motorcycle endorsement without holding an instruction permit for five months.
13. Disqualifies a person convicted of violating any railroad crossing law from driving a commercial motor vehicle for a period of time and specifies various disqualification periods.
14. Prohibits MVD from accepting an application for a driver license reinstatement following revocation until after a 12 month period preceding the application for reinstatement has elapsed.
15. Includes counties with a population of less than 1.5 million persons in the requirement that property owners receive reimbursement of reasonable costs for abandoned vehicle storage and fees incurred for processing an abandoned vehicle report prior to removal of the vehicle.
16. Requires the Arizona Department of Transportation (ADOT) to make progress payments, on or before the 21st day after receiving the invoice, to a consultant or contractor for work already performed.
17. Requires the consultant or contractor to pay the subconsultants or subcontractors, within seven days of the date that ADOT makes the payment, for work performed to the extent of the contractual interest in the progress payment.
18. Makes technical and conforming changes.
19. Provides for a general effective date.
Amendments Adopted by the House of Representatives
Adopted a strike everything amendment.
1.
Caps
the storage fees relating to the impoundment of the vehicle at five dollars per
day.
2.
Authorizes
the spouse of the owner of the vehicle that has been impounded to retrieve the
vehicle before the end of the 30-day period.
The spouse of the owner of the vehicle is also subject to the agreement
that the spouse will not be eligible for release of the vehicle before the
30-day period again if the person allows an unlicensed driver to drive the
person’s vehicle within five years of the agreement. The spouse of the owner is also eligible for the poststorage
hearing.
3.
Transfers
the poststorage hearing responsibility from the impounding agency to MVD. Requires MVD to establish and collect the
administrative charge for costs relating to the removal, impoundment, storage
or release for the vehicle.
4.
Limits
the application of the vehicle impoundment to a person who has been convicted
of DUI rather than a person who has only received a DUI violation.
5.
Eliminates
the requirement that an IID be installed for a person who has had his or her
driving privileges suspended because of a DUI and an IID has not been required
to be installed.
6.
Requires
the impounding agency or storage yard to allow access to the impounded vehicle
for installation of an IID without fee.
7.
Details
requirements for progress payments.
8.
Makes
numerous changes regarding the issuance of driver licenses.
House Action Senate
Action
TRANS 4/2/01
DPA/SE 5-4-0-0 Final Read 5/3/01 25-3-1-1
3rd Read 4/10/01 37-20-3-0
Final Read 5/3/01 48-6-6-0
Signed by the Governor 5/8/01
Chapter 377
Prepared by Senate Staff
July 13, 2001