REFERENCE TITLE: vehicle speed limits.

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

SB 1843

 

Introduced by

Senator Gowan (with permission of Committee on Rules)

 

 

AN ACT

 

amending sections 28-701.02 and 28-702.01, Arizona Revised Statutes; relating to vehicle speed restrictions.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1. Section 28-701.02, Arizona Revised Statutes, is amended to read:

START_STATUTE28-701.02. Excessive speeds; classification

A. A person shall not:

1. Exceed thirty-five miles per hour approaching a school crossing.

2. Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.

3. Exceed eighty-five the posted speed limit by more than twenty miles per hour in other locations.

B. A person who violates subsection A of this section is guilty of a class 3 misdemeanor.

C. A person who is charged with a violation of this section may not be issued a civil complaint for a violation of section 28-701 if the civil complaint alleges a violation arising out of the same circumstances. END_STATUTE

Sec. 2. Section 28-702.01, Arizona Revised Statutes, is amended to read:

START_STATUTE28-702.01. Waste of a finite resource; civil penalties; urbanized areas; definition

A. If the maximum speed limit on a public highway in this state is fifty-five at least thirty miles per hour in an area that is outside of an urbanized area, a person shall not drive a motor vehicle at a speed in excess of fifty-five miles per hour the posted speed limit on that highway. If the maximum speed limit on a public highway in this state is at least forty miles per hour in an urbanized area, a person shall not drive a motor vehicle at a speed in excess of the posted speed limit on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is sixty-five not more than ten miles per hour or less in excess of the posted speed limit, the offense is may be designated as the waste of a finite resource and is a civil traffic violation subject to subsection B of this section.

B. If a person is found responsible for a civil traffic violation pursuant to subsection A of this section:

1. A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked and a court shall not transmit abstracts of records of judgment for the violation to the department.

2. An insurer shall not consider the violation as a moving traffic violation against the person for the purpose of establishing rates of motor vehicle insurance charged by the insurer and shall not cancel or refuse to renew a policy of insurance because of the violation.

3. The civil penalty shall not exceed fifteen dollars $15 plus the surcharges imposed pursuant to sections 12-116.01 and 12-116.02.

4. A report shall not be made under section 28-1559, subsection B.

C. If the maximum speed limit on a public highway in this state is fifty-five at least thirty miles per hour in an area that is outside of an urbanized area, a person shall not drive a motor vehicle at a speed in excess of fifty-five miles per hour the posted speed limit on that highway. If the maximum speed limit on a public highway in this state is at least forty miles per hour in an urbanized area, a person shall not drive a motor vehicle at a speed in excess of the posted speed limit on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is more than sixty-five ten miles per hour in excess of the posted speed limit, the offense is designated as a civil traffic violation and the person is subject to a civil penalty of not more than the amount provided in section 28-1598.

D. This section does not apply to an interstate system highway located outside of an urbanized area, as defined in section 28-702.04, with a population of fifty thousand or more persons.

D. For the purposes of this section, "urbanized area" has the same meaning prescribed in section 28-702.04. END_STATUTE