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.
Doubles the civil penalty for speeding in a state highway work zone when
workers are present.
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.
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 reduces the
civil penalty for an HOV lane violation to $200
The Arizona Chapter of
Associated General Contractors reports that 29 work zone related deaths
occurred in Arizona in 1999 and that the majority of fatal work zone crashes
occur on roads with speed limits of 55 mph or greater. Currently, the Arizona Department of
Transportation (ADOT) uses specific formulas to determine the appropriate speed
limit that should be displayed in a state highway work zone. These formulas are based on factors such as
the current posted speed limit, the nature of the construction being performed
and whether the construction requires the removal of safety devices, such as
guardrails or permanent striping.
According to the National
Conference of State Legislatures, 18 other states have passed legislation that
doubles the usual fine for speeding in a construction work area and a total of
31 states have some type of specific sanction for speeding in a construction
zone. Pima County is currently the only county in Arizona that already doubles
the fines for speeding in a construction zone.
The Governor's office of
Highway Safety estimates minimal costs associated with the administration of
the state highway work zone safety fund.
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 $200.
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. 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.
Highway Work Zones
11. Doubles the civil penalty for a person found guilty of speeding in a state highway work zone when workers are present.
12. Requires ADOT to adopt standards and specifications for the use of traffic control devices in state highway work zones that must notify the driver of a state highway work zone at least 1000 feet prior to the designated work zone, notify the driver every 2,500 feet within a work zone that civil penalties for speeding in a state highway work zone double when workers are present, notify the driver of the beginning and end of a state highway work zone and require that traffic control devices are removed when the preliminary engineering work or construction, repair or maintenance is completed.
13. Limits the court’s authority to levy penalty assessments to half of the amount of the civil penalty imposed for speeding in a state highway work zone when workers are present.
14. Establishes the state highway work zone safety fund administered by the Governor’s Office of Highway Safety, consisting of continuously appropriated monies to establish and maintain a public education campaign on highway work zone safety.
15. Directs 25 percent of civil penalties collected for speeding in a state highway work zone to be deposited in the state highway work zone safety fund and 25 percent to be deposited in the state highway fund to be used strictly for state highway work zone traffic control devices. The remaining 50 percent of the civil penalties collected are directed to the city or county where the citation was issued.
16. Requires a person who is temporarily stationed to provide traffic control to be certified by a program that meets the standards of the National Safety Council Highway Flagger Training Program, the American Traffic Safety Services Association Flagger Program or a similar program with the same objectives.
17. Requires state highway work zone flaggers to renew certification requirements at least once every two years.
18. Exempts law enforcement officers who are employed by governmental entities from flagger training and certification requirements.
19. Contains definitions.
20. Provides for a general effective date.
21. Makes technical and conforming changes.
Amendments
Adopted by the Transportation Committee
1. Doubles the civil penalty for speeding in a state highway work zone when workers are present.
2. Limits the court's ability to impose and apply surcharges to only half of the civil penalty for speeding in a construction zone.
3. Establishes the state highway work zone safety fund consisting of 25 percent of the civil penalty collected for work zone speeding.
4. Directs 25 percent of the penalty to the state highway fund and the remaining 50 percent to the local jurisdictions.
5. Establishes signage requirements for highway work zones.
6. Reduces the HOV lane penalty to $200.
7. Reinstates a person's ability to attend Defensive Driving School and the subsequent dismissal of the citation.
TRANS 2/19/01 DPA/SE 10-0-0-0 TRANS 3/29/01 DPA 8-0-0
3rd Read 3/19/01 41-15-4-0
Prepared by Senate Staff
March 30, 2001