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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
distracted driving; penalties; motorcycles
Purpose
Expands the prohibition on using portable wireless communication and stand-alone electronic devices while operating a motor vehicle. Modifies the civil penalties associated with a violation of the outlined prohibition.
Background
Unless a motor
vehicle is parked or stopped, a person may not operate the motor vehicle on a
street or highway while: 1) physically holding or supporting with any part of
the person's body a portable wireless communication device or stand-alone
electronic device; or 2) writing, sending or reading any text-based
communication, including a text message, instant message, email or internet
data on a portable wireless communication device or stand-alone electronic
device, unless the action is done in a hands-free manner such as by voice-based
communication. A person who violates the prescribed prohibition on using a
wireless communication or
stand-alone electronic device while operating a motor vehicle is subject to a
civil penalty between $75 and $149 for a first violation or between $150 and
$250 for a second or subsequent violation (A.R.S.
§ 28-914).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands the prohibition on using portable wireless communication devices and stand-alone electronic devices while operating a motor vehicle to include activity in which a person watches, records or streams any video-based data, including any social media websites or applications and any communication with video capacity.
2. Specifies that a person violates the prohibition on the use of portable wireless communication and stand-alone electronic devices while operating a motor vehicle while watching, recording or streaming video-based data even if the person does not physically hold or support the device.
3. Modifies the civil penalties that a person is subject to for a violation of using a wireless communication or stand-alone device while operating a motor vehicle by:
a) increasing the civil penalty for a second or subsequent violation from between $150 and $250 to $400; and
b) subjecting a person to an additional fee of $150, if the violation results in an accident involving a motorcycle.
4. Prohibits a peace officer from issuing a citation for an outlined violation.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
House Action
TI 1/28/26 DP 7-0-0-0
3rd Read 2/24/26 45-11-4
Prepared by Senate Research
March 6, 2026
ZD/KS/ci