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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: TI DP 7-0-0-0 |
HB2109: distracted driving; penalties; motorcycles
Sponsor: Representative Martinez, LD 16
House Engrossed
Overview
Modifies distracted driving fines by increasing the civil penalty, from between $150 to $250 to $400, for a second or subsequent violation of the prohibition of using portable wireless communication devices while driving. Adds a $150 penalty if the violation results in an accident with a motorcycle.
History
A person may not operate a motor vehicle on a street or highway if the person physically: 1) holds or supports with any part of the person's body a portable wireless communication device (portable device), except that a person may use a portable device with an earpiece, headphone device or device worn on a wrist to conduct a voice-based communication or a stand-alone electronic device; or 2) writes, sends or reads any text-based communication, including a text message, instant message, email or internet data, on a portable device or stand-alone electronic device.
Beginning January 1, 2021, a person who violates rules on portable devices while driving is subject to a civil penalty of at least $75 but not more than $149 for a first violation and at least $150 but not more than $250 for a second or subsequent violation.
Portable wireless communication device is defined as a cellular or a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver or a substantially similar portable wireless device used to initiate or receive communication, information or data (A.R.S. § 28-914).
Provisions
1. Increases the civil penalty, from between $150 to $250, to $400, for a second or subsequent violation of the prohibition of using portable devices while driving. (Sec. 1)
2. Creates an additional penalty of $150 if a violation results in an accident with a motorcycle. (Sec. 1)
3. Clarifies that a peace officer who stops a vehicle for an alleged distracting driving violation may not issue a citation for the violation. (Sec. 1)
4. Prohibits a person who is driving from watching, recording, or streaming on a portable device or stand-alone electronic device any video-based data, including any social media websites or applications, or any communication with video capacity, even if the person does not physically hold or support with any part of the person's body the portable device or stand-alone electronic device. (Sec. 1)
5. Makes technical changes. (Sec. 1)
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9. Initials LM HB 2109
10. 1/12/2026 Page 0 House Engrossed
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