Assigned to TRANS                                                                           FOR CAUCUS & FLOOR ACTION

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1167

 

traffic safety control.

 

Purpose

 

Increases penalties for accidents and moving violations that result in serious physical injury or death.

 

Background

 

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.

 

            There is no anticipated fiscal impact to the state general fund associated with this legislation.

 

Provisions

 

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.  Includes reasonable and prudent speed to the list of violations subject to the increased civil penalty.

 

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.  Includes reasonable and prudent speed to the list of violations subject to the increased civil penalty.

 

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.      Allows service of civil traffic complaints by first class 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.

 

5.      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.

 

6.      Makes technical changes. 

 

7.      Provides for a general effective date.

 

Amendments Adopted by Committee

 

1.      Removes all language relating to photo traffic enforcement.

 

2.      Requires service of a traffic citation to be mailed first class.

 

3.      Includes reasonable and prudent speed violations that result in a maximum civil penalty of $1000 for accidents causing serious injury and $2,500 for accidents causing death.

 

4.      Removes the motor vehicle records fee exemption for agents of political subdivisions.

 

Senate Action

 

TRANS           2/22/01            DPA    5-1-2-0

 

 

Prepared by Senate Staff

February 27, 2001