ARIZONA STATE SENATE
Phoenix, Arizona
CORRECTED
traffic safety control.
Increases penalties for
accidents and moving violations that result in serious physical injury or
death. Modifies the use of traffic
monitoring systems.
According to the Insurance
Institute for Highway Safety, 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.
Legislation adopted in 1998
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 to someone
other than the offending driver (Laws 1998, Chapter 243). Statute also prescribes a civil penalty of
up to $1000 and suspension of driving privileges for up to 180 days if the
violation results in death to someone other than the offending driver.
According to statute,
“serious physical injury” includes physical injury that creates a reasonable
risk of death, or which causes serious and permanent disfigurement, or serious
impairment of health or loss or protracted impairment of the function of any
bodily organ or limb.
Statute authorizes local
authorities to regulate traffic by means of traffic control signals with
respect to streets and highways under their jurisdiction. Local authorities that enforce traffic laws
with traffic monitoring systems or photo radar contract with a private vendor
for a fee based on each violation adjudicated as guilty or responsible. The vendor requests motor vehicle records
for each photo radar violation from the Motor Vehicle Division (MVD) for a fee
not to exceed three dollars. The vendor
then issues the citation to the registered owner of the vehicle and the person
charged with the violation returns the citation and the fine to the municipal
court or requests a hearing.
S.B. 1167 exempts any agent
of a political subdivision from charges for a motor vehicle record. According to MVD, this provision decreases
the amount deposited into the highway user revenue fund by approximately
$300,000 annually. MVD also estimates a
fiscal impact of $24,000 for programming costs associated with this
legislation.
1. Increases the maximum civil penalty from $500 to $1000 for a red light signal, left turn, stop sign and yield sign violation that results in an accident causing serious physical injury to another person.
2. Increases the maximum civil penalty from $1,000 to $2,500 for a red light signal, left turn, stop sign and yield sign violation that results in an accident causing death to another person.
3. Allows the court to order a person to perform up to 40 hours of community service if the person violates a red light signal, left turn, stop sign and yield sign that results in an accident causing serious physical injury or death to another person.
4. Enables the use of a traffic monitoring system that uses recorded images to monitor railroad crossings, speed limits in a construction zone, red light signals, school crossings, reasonable and prudent speed and the use of high occupancy vehicle violations.
5. Allows a registered owner who receives a traffic complaint citation to admit or deny liability, or to transfer liability to another by providing a notarized statement to the court with the name and address of the actual driver. If the alleged actual driver is not found responsible, the registered owner retains liability.
6. Allows traffic monitoring system cameras to record only images of the rear of the violating motor vehicle and the rear license plate.
7. Exempts any agent designated by the governing body of a political subdivision from fees collected by the Arizona Department of Transportation (ADOT) for copies of motor vehicle records, certified copies of motor vehicle records or information from motor vehicle records.
8. Requires a traffic complaint citation recorded by a traffic monitoring system to be served to the registered owner personally or by first class mail.
9. Allows service of civil traffic complaints by regular mail or by any means authorized by the Arizona Rules of Criminal Procedure. Removes the discretion of the issuing authority to issue a civil traffic complaint by certified mail.
10. Specifies the information requirements for the traffic complaint citation.
11. Requires a court to consider various defenses to a traffic complaint issued be means of a traffic monitoring system.
12. Prohibits ADOT from registering or reregistering a vehicle and requires suspension of registration if the registered owner fails to respond to the traffic complaint.
13. Requires ADOT to provide motor vehicle and driver license records to an agency, at no cost, for a traffic monitoring enforcement.
14. Prohibits portions of a fine or civil penalty collected for violations recorded by a traffic monitoring system to be used to pay private vendors or operators of the traffic monitoring system.
15. Prohibits payment of a private vendor to be based on a percentage of fines or civil penalties imposed by this state or a political subdivision.
16. Increases the civil penalty by 50 percent if the registered owner fails to respond to the traffic complaint.
17. Stipulates that a recorded image of a motor vehicle is admissible in evidence without further foundation.
18. Extends the deadline in which a civil traffic violation case must commence to within 60 days from 30 days unless the violation is under investigation or the violation is recorded by a traffic monitoring system.
19. Exempts any agent designated by the governing body of a political subdivision from requirements relating to the request motor vehicle records.
20. Contains definitions.
21. Makes technical changes.
22. Provides for a general effective date.
Prepared by Senate Staff
February 20, 2001