Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Forty-fifth Legislature

First Regular Session

2001

 

 

 

CHAPTER 190

 

HOUSE BILL 2277

 

 

AN ACT

 

amending sections 28-645, 28-647, 28-672, 28-1592 and 28-3307, Arizona Revised Statutes; relating to civil traffic violations.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 28-645, Arizona Revised Statutes, is amended to read:

START_STATUTE28-645.  Traffic control signal legend

A.  If traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend.  The lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

1.  Green indication:

(a)  Vehicular traffic facing a green signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn.  Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

(b)  Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time.  Vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(c)  Unless otherwise directed by a pedestrian control signal as provided in section 28-646, pedestrians facing any green signal, except if the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

2.  Steady yellow indication:

(a)  Vehicular traffic facing a steady yellow signal is warned by the signal that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.

(b)  Unless otherwise directed by a pedestrian control signal as provided in section 28-646, pedestrians facing a steady yellow signal are advised by the signal that there is insufficient time to cross the roadway before a red indication is shown and a pedestrian shall not then start to cross the roadway.

3.  Red indication:

(a)  Except as provided in subdivisions (b) and (c) of this paragraph, vehicular traffic facing a steady red signal alone shall stop before entering the intersection and shall remain standing until an indication to proceed is shown.† ON RECEIPT OF A RECORD OF JUDGMENT FOR A VIOLATION OF THIS SUBDIVISION, THE DEPARTMENT SHALL ORDER THE PERSON TO ATTEND AND SUCCESSFULLY COMPLETE TRAFFIC SURVIVAL SCHOOL TRAINING AND EDUCAtionAL SESSIONS WITHIN SIXTY DAYS AFTER THE DEPARTMENT ISSUES THE ORDER.† NOTWITHSTANDING SECTION 28‑3315, IF THE PERSON FAILS TO ATTEND OR SUCCESSFULLY COMPLETE TRAFFIC SURVivAL SCHOOL TRAINING AND EDUCATIONAL SESSIONS, THE DEPARTMENT SHALL SUSPEND THE PERSONíS DRIVING PRIVILEGE PURSUANT TO SECTION 28‑3306 UNTIL THE PERSON ATTENDS AND SUCCESSFULLY COMPLETEs TRAFFIC SURVivAL SCHOOL TRAINING AND EDUCATIONAL SESSIONS.  A PERSON WHOSE DRIVING PRIVILEGE IS SUSPENDED PURSUANT TO THIS SUBDIVISION MAY REQUEST A HEARING.† IF THE PERSON REQUESTS A HEARING, THE DEPARTMENT SHALL CONDUCT THE HEARING AS PRESCRIBED IN SECTION 28‑3306.

(b)  The driver of a vehicle that is stopped in obedience to a red signal and as close as practicable at the entrance to the crosswalk on the near side of the intersection, or if there is no crosswalk, then at the entrance to the intersection, may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal.† A right turn may be prohibited against a red signal at any intersection if a sign prohibiting the turn is erected at the intersection.

(c)  The driver of a vehicle on a one-way street that intersects another one-way street on which traffic moves to the left shall stop in obedience to a red signal but may then make a left turn into the one-way street.† The driver shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that such left turn may be prohibited if a sign prohibiting the turn is erected at the intersection.

(d)  Unless otherwise directed by a pedestrian control signal as provided in section 28-646, a pedestrian facing a steady red signal alone shall not enter the roadway.

B.  If an official traffic control signal is erected and maintained at a place other than an intersection, this section applies except as to those provisions of this section that by their nature can have no application.  Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of a sign or marking the stop shall be made at the signal.

C.  The driver of a vehicle approaching an intersection that has an official traffic control signal that is inoperative shall bring the vehicle to a complete stop before entering the intersection and may proceed with caution only when it is safe to do so.  If two or more vehicles approach an intersection from different streets or highways at approximately the same time and the official traffic control signal for the intersection is inoperative, the driver of each vehicle shall bring the vehicle to a complete stop before entering the intersection and the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right. END_STATUTE

Sec. 2.  Section 28-647, Arizona Revised Statutes, is amended to read:

START_STATUTE28-647.  Flashing signals

If an illuminated flashing red or yellow signal is used in a traffic sign or signal it requires obedience by vehicular traffic as follows:

1.  Flashing red stop signal.  If a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line if marked, or if none, then before entering the intersection, and the right to proceed is subject to the rules applicable after making a stop at a stop sign.† ON RECEIPT OF A RECORD OF JUDGMENT FOR A VIOLATION OF THIS paragraph, THE DEPARTMENT SHALL ORDER THE PERSON TO ATTEND AND SUCCESSFULLY COMPLETE TRAFFIC SURVIVAL SCHOOL TRAINING AND EDUCAtionAL SESSIONS WITHIN SIXTY DAYS AFTER THE DEPARTMENT ISSUES THE ORDER.† NOTWITHSTANDING SECTION 28‑3315, IF THE PERSON FAILS TO ATTEND OR SUCCESSFULLY COMPLETE TRAFFIC SURVivAL SCHOOL TRAINING AND EDUCATIONAL SESSIONS, THE DEPARTMENT SHALL SUSPEND THE PERSONíS DRIVING PRIVILEGE PURSUANT TO SECTION 28‑3306 UNTIL THE PERSON ATTENDS AND SUCCESSFULLY COMPLETEs TRAFFIC SURVivAL SCHOOL TRAINING AND EDUCATIONAL SESSIONS.  A PERSON WHOSE DRIVING PRIVILEGE IS SUSPENDED PURSUANT TO THIS paragraph MAY REQUEST A HEARING.† IF THE PERSON REQUESTS A HEARING, THE DEPARTMENT SHALL CONDUCT THE HEARING AS PRESCRIBED IN SECTION 28‑3306.

2.  Flashing yellow caution signal.  If a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.END_STATUTE

Sec. 3.  Section 28-672, Arizona Revised Statutes, is amended to read:

START_STATUTE28-672.  Accidents and moving violations; serious physical injury; death; penalties

A.  A person is responsible for a civil traffic violation if the person violates any one of the following and the violation results in an accident causing serious physical injury as defined in section 13-105 to another person:

1.  Section 28-645, subsection A, paragraph 3, subdivision (a).

2.  Section 28-772.

3.  Section 28-855, subsection B.

B.  Notwithstanding section 28-1598, A person who violates subsection A of this section is subject to a civil penalty of up to five hundred dollars, the person shall attend and successfully complete traffic survival school training and educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department and the court shall report the judgment to the department and may direct the department to suspend the person's driving privilege for ninety days.  In addition, the court may order the person to perform community service.

C.  A person is responsible for a civil traffic violation if the person violates any one of the following and the violation results in an accident causing death to another person:

1.  Section 28-645, subsection A, paragraph 3, subdivision (a).

2.  Section 28-772.

3.  Section 28-855, subsection B.

D.  Notwithstanding section 28-1598, A person who violates subsection C of this section is subject to a civil penalty of up to one thousand dollars, the person shall attend and successfully complete traffic survival school training and educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department and the court shall report the judgment to the department and may direct the department to suspend the person's driving privilege for one hundred eighty days.† In addition, the court may order the person to perform community service.

E.  If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of subsection A or C of this section, the suspension period prescribed in subsection B or D of this section shall run concurrently with the other suspension period.

F.  If a person is ordered to fails to successfully complete traffic survival school training and educational sessions or perform community service pursuant to subsection B or D of this section and fails to comply with the order, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied.END_STATUTE

Sec. 4.  Section 28-1592, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1592.  Commencement of action

A.  A civil traffic violation case is commenced by issuance or filing of a uniform traffic complaint as provided in this article.

B.  A civil traffic violation case shall be commenced either:

1.  Within thirty sixty days of the alleged violation.

2.  Within one hundred eighty days of the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident. END_STATUTE

Sec. 5.  Section 28-3307, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3307.  Order to complete traffic survival school training and educational sessions; training fee

A.  If a licensee is required to attend and successfully complete approved traffic survival school training and educational sessions designed to improve the safety and habits of drivers pursuant to section 28‑645, 28‑647, 28-672, 28-695, or 28-3306 or 28-3321, the department shall indicate on the computer record that the licensee is required to complete traffic survival school training and educational sessions.

B.  On successful completion of the traffic survival school training and educational sessions, the department shall record satisfaction of the requirement on the licensee's computer record.

C.  Governmental agencies, corporations or other individuals that conduct traffic survival school training and educational sessions approved by the department may collect a fee that is reasonable and commensurate for the training. END_STATUTE

Sec. 6.  Traffic and engineering study; red light violations; reports

A.  The governor's highway safety team shall conduct a traffic and engineering study in conjunction with the federal government, other states and local authorities in this state and other states to determine methods to reduce red light violations in this state.  These methods shall include enforcement and traffic and engineering design and systems for intersections on streets and highways in this state.

B.  The traffic and engineering study shall include a sufficient number of jurisdictions to determine the following:

1.  Best practices in this state and other states to reduce red light violations.

2.  Feasibility and potential costs of planning and implementing a uniform signal and marking system for intersections.

3.  Other information relating to red light violations as the governor's highway safety team deems necessary.

C.  On or before November 30, 2001, the governor's highway safety team shall submit a preliminary written report on its findings to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the senate transportation committee and the chairperson of the house of representatives transportation committee.  On or before November 30, 2002, the governor's highway safety team shall submit a final report on its findings and recommendations to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the senate transportation committee and the chairperson of the house of representatives transportation committee.  The governor's highway safety team shall provide a copy of these reports to the secretary of state and the director of the Arizona state library, archives and public records.

Sec. 7.  Delayed repeal

Section 6 of this act, relating to a traffic and engineering study, is repealed from and after December 31, 2002.


 

 

 

 

 

 

APPROVED BY THE GOVERNOR APRIL 21, 2001.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 23, 2001.