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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
yielding to emergency vehicles; penalties
Purpose
Subjects a person who violates Arizona move over law to a civil penalty and liability for any injury or property damage that results from the violation.
Background
If the driver of a vehicle approaches a stationary vehicle that is displaying alternatively flashing lights or warning lights, the driver of the vehicle in motion is required, with due regard to safety and traffic conditions, to yield the right-of-way by making a lane change to a lane not adjacent to that of the stationary vehicle. If making the lane change is impossible or unsafe, the driver must proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions. This is often referred to as Arizona move over law (A.R.S. § 28-775).
Defensive driving schools are currently allowed to include educational information relating to move over law in Arizona. The Arizona Department of Transportation (ADOT) is also allowed to include information related to move over law in any of ADOT's examination, information or education material (A.R.S. § 28-775).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Subjects a person who violates move over law in Arizona to a civil penalty of:
a) $275 for a first violation;
b) $500 for a second violation; and
c) $1,000 for a third or subsequent violation.
2. States that a person who violates move over law is liable for any injury and any property damage that results from the violation.
3. Requires ADOT to educate the public about move over law in Arizona periodically throughout the year and maintain information about move over law on ADOT's website.
4. Requires, rather than allows, defensive driving schools to include educational information relating to move over law in Arizona.
5. Requires, rather than allows, ADOT to include information about move over law in any of ADOT's examination, information and educational material.
6. Requires traffic survival schools and any driver education program approved by ADOT to include educational information related to move over law in Arizona.
7. Makes conforming changes.
8. Becomes effective on the general effective date.
House Action
MAPS 1/25/21 DPA 14-0-0-0
3rd Read 2/4/21 50-9-0-0-1
Prepared by Senate Research
March 11, 2021
ZD/kja