ARIZONA STATE SENATE
Phoenix, Arizona
highway work zone safety;
penalties
Doubles the civil penalty
for a person found guilty of speeding in a state highway work zone when workers
are present and establishes state highway work zone signage requirements.
Background
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.
Each jurisdiction within
Arizona has the authority to levy civil penalties for various traffic
violations, provided that they do not conflict with statute. Statute does require, however, that all
civil penalties be subject to a surcharge of up to 77 percent. H.B. 2376
limits the court’s ability to impose and apply surcharges to only half
of the civil penalty for speeding in a construction zone when workers are
present.
Statute also prescribes that
whenever a civil penalty, such as a traffic violation, is imposed and
collected, the monies collected are to be retained by the courts to benefit the
city or county in the same jurisdiction as the court. Under H.B. 2376, the original base fine for speeding will be
retained by the courts while the other half of the civil penalty will be
redirected, evenly divided and deposited into the state highway fund and the
state highway work zone safety fund.
A state highway is defined
in statute as a roadway within Arizona that is accepted by ADOT and is
maintained by the state. There are many
instances where state highways pass through cities, towns or even Indian
reservations and are still maintained by the state. Whether the State Board of Transportation recognizes a highway
determines whether the state will maintain that road and whether a road is subsequently
classified as a state highway.
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 on
Highway Safety estimates minimal administrative costs associated with this
legislation.
1. Doubles the civil penalty for a person found guilty of speeding in a state highway work zone when workers are present.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Requires state highway work zone flaggers to renew certification requirements at least once every two years.
8. Exempts law enforcement officers who are employed by governmental entities from flagger training and certification requirements.
9. Contains definitions.
10. Makes technical and conforming changes.
11. Provides for a general effective date.
TRANS 2/5/01 DPA 10-0-0-0
3rd Read 3/12/01 32-20-8-0
Prepared by Senate Staff
March 27, 2001