ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

HB 2409: excessive speeding

Sponsor: Representative Kolodin, LD 3

Committee on Transportation & Infrastructure

Overview

Stipulates that a person who violates speeding limits of 20 miles per hour (mph) in a business or residential district or in other locations may be issued a civil complaint for the violation, rather than making the person guilty of a class three misdemeanor. Clarifies that a person who violates a speeding limit of 35 mph approaching a school crossing is guilty of a class 3 misdemeanor.

History

A person must not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person must control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others. Any speed in excess of the following speeds is prima facie evidence that the speed is too great and therefore unreasonable:

1) 15 mph approaching a school crossing;

2) 25 mph in a business or residential district; and

3) 65 mph in other locations (A.R.S. § 28-701).

A person must not:

1) exceed 35 mph approaching a school crossing;

2) exceed the posted speed limit in a business or residential district by more than 20 mph, or if no speed limit is posted, exceed 45 mph; or

3) exceed the posted speed limit by more than 20 mph in other locations.

A person who violates any of the above excessive speed limit is guilty of a class three misdemeanor. A person who is charged with an excessive speed violation may not be issued a civil complaint if the complaint alleges a violation arising out of the same circumstances (A.R.S. § 28-701.02).

Provisions

1. Subjects a person to be issued a civil complaint, rather than being guilty of a class three misdemeanor, who is charged with a violation of exceeding the posted speed limit in a business or residential district by more than 20 mph or if no speed limit is posted, exceeding 45 mph, or exceeding 20 mph in other locations. (Sec. 2)

2. Clarifies that a person who violates a speeding limit of 35 mph approaching a school crossing is guilty of a class three misdemeanor. (Sec. 2)

3. Expands business or residential district to include an arterial street only if the street provides direct access to a home or business without traversing another street or parking lot. (Sec. 2)

4. Makes technical and conforming changes. (Sec. 1-2)

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