FOR CAUCUS & FLOOR ACTION

REVISED

ARIZONA STATE SENATE

RESEARCH STAFF

KATHY SEEGLITZ

ASSISTANT ANALYST

JASON BEZOZO

SENIOR LEGISLATIVE

RESEARCH ANALYST

HEALTH COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

TO: MEMBERS OF THE SENATE

DATE: February 1, 2001

SUBJECT: Strike Everything Amendment to S.B. 1198

Purpose

Restricts, beginning January 1, 2002, drivers from transporting passengers in a motor vehicle’s cargo space unless designed, retrofitted or intended for the safe conveyance of passengers.

Background

Currently, Arizona law does not address the transportation of persons in a motor vehicle’s cargo space. According to the Insurance Institute for Highway Safety, 24 states and the District of Columbia have some type of law regarding passengers in cargo areas. The strike everything amendment to S.B. 1198 addresses this issue by prohibiting the transport of passengers in a vehicle’s cargo space unless it is designed, retrofitted or intended for the safe conveyance of passengers.

According to the National Highway Traffic Safety Administration, in 1999 ten passengers died while riding in vehicle cargo areas in Arizona. The fatalities occurred in all age ranges.

There is no cost to the state general fund associated with the provisions of this amendment.

Provisions

1. Prohibits drivers from transporting passengers in a motor vehicle’s cargo space unless designed, retrofitted or intended for the safe conveyance of passengers with integrated lap and shoulder belts or a lap belt meeting specified federal standards.

2. Requires cargo space passengers to properly use the safety restraints.

3. Prescribes for each unrestrained or improperly restrained cargo passenger a first time maximum civil penalty of $10 and a maximum fine of $25 for subsequent violations.

4. Exempts a driver operating a motor vehicle on private property or a participant of an organized parade that is under the supervision of a law enforcement agency.

5. Specifies the law does not supersede more stringent federal or tribal laws.

6. Prohibits any state department or agency from suspending, canceling, revoking or refusing a person’s driver’s license for violating this act.

7. Prohibits a court from transmitting any records associated with a violation of this act to the Department of Transportation.

8. Prohibits an insurer from considering a violation of this act when establishing rates or determining the insurability of a person.

9. Defines “cargo space.”

10. Contains a delayed effective date of December 31, 2001.

Amendments Adopted in Committee

1. Adopted the strike everything amendment.

2. Eliminates, in order to qualify for the exemption from the cargo space requirement, the requirement that organized parade participants travel less than eight miles per hour.

Senate Action

HEA 1/30/01 DPA/SE 7-1-0-0

KS/JB/ac