ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: TAT DPA 9-0-0-0 | 3^rd Read 30-0-0-0

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SB 1336: vehicle impoundment; exceptions; storage charges.

Sponsor:  Senator Gowan, LD  14

Committee on Transportation

Overview

Modifies current procedures and requirements for the mandatory impoundment of a vehicle.

History

A peace officer is required to remove and either immobilize or impound a vehicle if the peace officer determines that either:

1) The person driving the vehicle:

a) Has revoked driving privileges;

b) Has not been issued a license or permit;

c) Is subject to an ignition interlock device requirement and the driver is operating the vehicle without a functioning device; or

d) Is transporting, concealing, harboring or shielding an alien in Arizona if the person knows the alien has come in violation of the law; or

2) The vehicle is displayed for sale or transfer of ownership with a vehicle identification number that has been destroyed.

Furthermore, if the driver is being arrested for a DUI and the spouse is present at the time of the driver's arrest, has a valid license and is not intoxicated, the vehicle will not be impounded and the spouse will drive the vehicle to the driver’s home or a place of safety.

If a vehicle has been removed and either immobilized or impounded, it is required to be immobilized or impounded for 30 days. Additionally, an insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment (A.R.S § 28-3511).

If a vehicle is impounded, the storage charges are a contractual agreement between the impounding agency and the towing firm for storage services. The current cost of storage fees is $15 for each day of storage, including any time the vehicle remains in storage after the end of the 30-day impoundment period (A.R.S. § 28-3512).

Provisions

1. Requires a peace officer to impound a vehicle if a person is found driving on a suspended license, excluding a suspension for a failure to appear in court or failure to pay fines for a civil traffic violation. (Sec. 1)

2. Removes the requirement for a peace officer to impound a vehicle if the officer determines that the person is driving a vehicle while transporting or moving or attempting to transport or move an alien in Arizona in a vehicle and knowingly or recklessly disregards the fact that the alien has come to, entered or remains in the United States in violation of law. (Sec. 1)

3. Allows an unimpaired passenger of the vehicle at the time of the driver's arrest for a DUI, rather than only a spouse, to notify the officer and drive the vehicle from the place of arrest to the driver's home or another place of safety. (Sec. 1)

4. Restricts a peace officer to only the removal of a vehicle, rather than the removal and either impoundment or immobilization of a vehicle, if the peace officer has probable cause to arrest a driver for a DUI offense. (Sec. 1)

5. Exempts a peace officer who needs to be present at an emergency in another location from removing, immobilizing or impounding a vehicle. (Sec. 1)

6. Decreases the mandatory 30-day impoundment period to a mandatory 20-day impoundment period. (Secs. 1-3)

7. Increases the daily storage fee from $15 to $25 for the impoundment of a vehicle. (Sec. 2)

8. Makes technical and conforming changes. (Secs. 1-3)

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12.                   SB 1336

13. Initials JT/ES/SM  Page 0 Transportation

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