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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: TI DP 7-0-0-0 |
HB 2574: traffic penalties; appeal; stay
Sponsor: Representative Carter N, LD 15
Caucus & COW
Overview
Instructs a superior court to report to the Arizona Department of Transportation (ADOT) the stay of enforcement if an appeal is granted to a party charged with a civil traffic violation. Restricts ADOT from pursuing administrative action related to the judgement until the stay is lifted or the judgment is affirmed by an appellate court.
History
A peace officer or authorized agent of a traffic enforcement agency may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of transportation regulation and to serve a copy of the traffic complaint for an alleged civil or criminal violation of transportation regulation (A.R.S. § 28-1594).
A violation of traffic movement and control regulation, including governing parking or standing requirements, are treated as a civil matter and a civil penalty imposed regarding civil traffic violations must not exceed $250. The court must levy surcharges (A.R.S. §§ 28-1598; 28-1591).
A party may appeal the judgement of the court regarding a civil traffic violation. The appeal may be to the superior court in the same manner as provided by the rules adopted by the supreme court. The posting of an appeal bond stays enforcement of the judgment. Commissioners of the superior court may hear and determine appeals (A.R.S. § 28-1600).
Provisions
1. Requires that if an appeal is granted, the court must report the stay of enforcement of the judgment to ADOT. (Sec. 1)
2. Mandates that ADOT, on receipt of the report, must not pursue any administrative action related to the court's judgment until the stay is lifted or the judgment is affirmed by an appellate court. (Sec. 1)
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6. Initials LM/IC HB 2574
7. 1/22/2026 Page 0 Caucus & COW
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