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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DPA 7-2-0-0 |
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HB 2417: excessive speed; speed inhibiting device
Sponsor: Representative Nguyen, LD 1
House Engrossed
Overview
Allows courts to order the installation of speed inhibiting devices on vehicles as an alternative to license suspension for certain traffic offenses, outlining specific durations, compliance requirements and penalties for violations.
History
In Arizona, driving is a privilege primarily overseen by the Arizona Department of Transportation (ADOT). Driving privileges may be suspended or revoked for serious traffic offences. Offences that may lead to suspension or revocation include excessive speeding and accumulating too many points on one's driver license, often for repeated violations (A.R.S. Title 28, Chapter 3).
Provisions
1. Authorizes the court, upon request of the person, in lieu of suspending or revoking a driver license for certain traffic offences, to order that ADOT install a speed inhibiting device on any motor vehicle the offender operates, except if the notice for violation was obtained by a photo enforcement system. (Sec. 1)
2. Specifies that if the person was operating a motorcycle or off-highway vehicle at the time of suspension of license, the person is only eligible for a speed inhibiting device on a motor vehicle. (Sec. 1)
3. Mandates that the time frame, during which the speed inhibiting device is required, must be equivalent to the length of suspension or revocation of the persons license that would have otherwise been imposed for the following, if the person:
a. is convicted of a first violation of aggressive driving;
b. has assessed enough points against the person's driving record to require a one-year suspension of driving privileges;
c. is convicted of a second violation of aggressive driving within a 24-month period;
d. is a minor and the offense is the minor's first excessive speeding offense. (Sec. 1)
4. Specifies that a person is not subject to any minimum suspension if convicted of a second violation of aggressive driving within a 24-month period and is ordered by the court to install a speed inhibiting device. (Sec. 1)
5. Requires the offender to pay all costs for installation and maintenance of the speed inhibiting device and allows ADOT to charge a fee for installation. (Sec. 1)
6. Directs the device manufacturer to provide electronic proof of compliance to ADOT, including proof of installation, ongoing compliance and notice of any tampering with or removal of the device and directs ADOT to suspend the driver's license of the offender if the manufacturer fails to do so. (Sec. 1)
7. Permits a person, whose license is suspended due to the manufacturer failing to provide proof of instillation or due to operating a vehicle without an inhibitor, to request a hearing from ADOT that can include only the following issues:
a. if the person was ordered to equip a speed inhibiting device; and
b. if the manufacturer or provider of the speed inhibiting device provided proof of compliance. (Sec. 1)
8. Directs ADOT to stay a suspension of driving privileges once a hearing is requested and instructs that only a temporary license may be issued and must expire no later than the conclusion of the hearing. (Sec. 1)
9. Outlines timelines and procedures for the hearing and gives ADOT discretion on whether to reinstate the license in such cases. (Sec. 1)
10. Makes it a class 1 misdemeanor to operate a motor vehicle without an inhibitor when one is required, except in cases of substantial emergency, and instructs ADOT to suspend the driver's license if such occurs; the suspension must be the length of the original sentence with no time credited. (Sec. 1)
11. Instructs the Assistant Director for the Motor Vehicle Division, in consultation with the Department of Public Safety, to adopt rules regarding speed inhibiting devices, including:
a. the procedure for certifying and decertifying, for cause, speed inhibiting devices;
b. reliability standards, compliance reporting, and ensuring accurate speed limiting;
c. the procedure for if a person who is required to have a speed limiting device has their vehicle sold, lost, stolen, or if the person no longer possesses a vehicle for any other reason;
d. required insurance and indemnification by the device manufacturer;
e. allowing only the device manufacturer to report data or make repairs to the speed limiting device;
f. requiring the speed limiting device to have an override feature installed with specified requirements;
g. publishing a list that is available to courts and probation departments, without charge, of speed inhibiting devices with information on the manufacturer and where the device may be ordered;
h. requirements for a label on every device with a warning, stating that any tampering, circumventing or misuse of the speed inhibiting device is a class 1 misdemeanor; and
i. civil penalties for manufacturers who fail to properly report data. (Sec. 1)
12. Prohibits knowingly renting or lending a vehicle to a person subject to a speed-inhibiting-device requirement unless the vehicle has such a device installed, except in cases of substantial emergency. (Sec. 1)
13. Requires a restricted driver to notify the renting or lending party of the device requirement. (Sec. 1)
14. Mandates that a motor vehicle manufacturer, distributer or retailer is not liable for any injury or damage caused by a speed limiting device unless they knowingly make a repair or update to the device and the repair or update is the reason for the injury or damage. (Sec. 1)
15. Outlines conditions under which the device manufacturer may collect or share data. (Sec.1)
16. Specifies that the section does not:
a. apply to fleet vehicles, commercial vehicles, motorcycles or off-highway vehicles operated by a person whose driving privileges are limited;
b. apply to vehicles that are owned by a person's employer and that are operated in the course of employment by a person who's driving privilege is limited;
c. require any motor vehicle manufacturer to distribute or manufacture a vehicle that includes or is compatible with an aftermarket intelligent speed assistance device; and
d. prohibit a lienholder from requiring notification that a speed inhibiting device has been installed or charging a reasonable fee for its removal. (Sec. 1)
17. Extends the law, in various places where it refers to ignition interlock devices, to also cover speed inhibiting devices in the same manner. (Sec. 2-5)
18. Contains a delayed effective date of July 1, 2027. (Sec. 6)
19. Defines pertinent terms. (Sec. 1)
20. Makes technical changes. (Sec. 3-4)
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Initials NM/NP HB 2417
2/24/2026 Page 0 House Engrossed
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