ARIZONA STATE SENATE
Phoenix, Arizona
motor carriers; tow truck
exception
(NOW: traffic accidents;
clearance; HOV lane)
Requires the operator of a
motor vehicle or any other licensed driver to remove vehicles involved in
traffic accidents from a controlled access highway or other highways if the
vehicle can be safely moved and death or serious physical injury is not
apparent. Reduces the civil penalty for
a high occupancy vehicle lane violation.
According to the Arizona
statewide roadway incident management plan, crashes that occur as the result of
previous incidents result in deaths and injuries on a frequent basis. These collisions often occur before responders
have reached the scene or before they have had time to make the scene
safe. Furthermore, secondary crashes
are often far more severe than the original incident that created the traffic
backup. A number of states have passed
quick clearance laws requiring motorists to remove their vehicles from the
roadway if not injured seriously and if the vehicle can be driven.
Governor Hull assembled the
Highway Safety Team made up of representatives from the Department of Public
Safety (DPS), transportation officials and safety organizations. The charge of
the Team is to develop a plan of action to ensure that fatalities on Arizona’s
state highway system do not exceed 1000 persons in calendar year 2000. A recent recommendation of the Team is to
reduce traffic delays and secondary crashes.
Current statute requires the
driver of a vehicle involved in an accident to immediately stop the vehicle at
the scene of the accident and remain at the scene of the accident until the
person has fulfilled the information exchange requirements. H.B. 2370 requires
a person, involved in an accident that does not result in serious injury or
death, to safely move the vehicle out of the roadway.
During the Second Regular
Session of the 44th Legislature, S.B. 1504 established a civil
penalty of $350 for the illegal use of the high occupancy vehicle (HOV)
lane. The bill required $100 of each
penalty to be deposited into the Arizona clean air fund and $250 into the newly
established law enforcement alternative fuel fund to be used for the incremental
costs of purchasing alternative fuel law enforcement vehicles. All civil penalties are subject to a
surcharge of 77 percent resulting in a total assessment of $619 for an HOV
citation. This legislation decreases
the civil penalty for an HOV lane violation to $275.
There is no known fiscal
impact to the state general fund associated with this legislation.
1. Requires a person involved in an accident that does not result in serious injury or death to move the vehicle to a safe refuge on the shoulder, emergency lane or median or off of the roadway if the vehicle can be safely driven without further damage (quick clearance).
2. Allows the driver of the vehicle involved in a traffic accident to request that another licensed driver remove the vehicle from the roadway and authorizes the other person to relocate the vehicle.
3. Applies quick clearance requirements to controlled access highways and highways that are divided into two or more lanes.
4. Specifies that the drivers involved in an accident are not exempt from stopping and providing the required information or filing written reports required by local law enforcement agencies.
5. Specifies that the police officer is not relieved of the duty to submit a written accident report.
6. Allows the Arizona Department of Transportation (ADOT) to remove or assist in the removal of incapacitated vehicles including those that have been involved in a traffic accident if death or serious injury is not apparent and the operation or removal of the vehicle can be performed safely.
7. Prohibits ADOT from requiring or assisting in the removal of a motor vehicle that has been involved in an accident that resulted in serious injury or death until completion of the initial investigation by law enforcement.
8. Decreases the civil penalty for an HOV lane violation from $350 to $275.
9. Eliminates the law enforcement alternative fuel vehicle fund, administered by DPS, consisting of $250 of the $350 HOV lane civil penalty to be used to pay the incremental cost associated with the purchase of law enforcement alternative fuel vehicles.
10. Excludes a person issued a citation for an HOV lane violation from attending Defensive Driving School and the subsequent dismissal of the citation.
11. Allows a tow truck operator, working within the scope of employment, to drive a tow truck in an HOV lane without penalty regardless of occupancy level.
12. Provides for a general effective date.
13. Makes conforming changes.
TRANS 2/19/01 DPA/SE 10-0-0-0
3rd Read 3/19/01 41-15-4-0
Prepared by Senate Staff
March 27, 2001