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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
excessive speed; speed inhibiting device
Purpose
Effective July 1, 2027, allows a court to order the installation of a speed inhibiting device on the motor vehicle of a person whose driver license or operating privilege has been suspended for an outlined violation in lieu of the suspension and on request of a person, outlines requirements for submitting proof of installation, the certification of devices, administrative rules and procedures and penalties for violations and noncompliance.
Background
The Arizona Department of Transportation (ADOT) may assess points against the driving record of a person who violates civil traffic laws or drives under the influence (A.R.S. § 28-1526). A person is guilty of a class 3 misdemeanor for exceeding: 1) 35 miles per hour (mph) approaching a school crossing; 2) the posted speed limit in a business or residential district by more than 25 mph, or if no speed limit is posted, exceed 45 mph; or 3) the posted speed limit by more than 20 mph in other locations (A.R.S. § 28-701.02).
A person commits aggressive driving if both of the following occur: 1) during a course of conduct the person commits an outlined violation and at least two other violations, including failure to obey traffic control devices, overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway, unsafe lane change, following a vehicle too closely or failure to yield the right-of-way; and 2) the person's driving is an immediate hazard to another person or vehicle. A person convicted of aggressive driving is guilty of a class 1 misdemeanor and, in addition to any other penalty prescribed by law, a person convicted of an outlined violation must attend and successfully complete an approved traffic survival school. The court must forward the abstract of conviction to ADOT and may order ADOT to suspend the person's driving privilege for 30 days. If a person who is convicted of an outlined violation has been previously convicted of an applicable violation within a period of 24 months, the person is guilty of a class 1 misdemeanor and, in addition to any other penalty prescribed by law, the court must forward the abstract of conviction to ADOT. On receipt of the abstract of conviction, ADOT must suspend the driving privilege of the person for one year (A.R.S. § 28-695). Suspension is when the driver license and driver's privilege to drive a motor vehicle on the public highways of the state are temporarily withdrawn during the period of the suspension (A.R.S. § 28-3001).
Nonresident operating privilege is the privilege conferred on a nonresident by the laws of the state pertaining to the nonresident's operation of a motor vehicle or the use of a motor vehicle owned by the nonresident in the state (A.R.S. § 28-4001).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows, if a person's license or nonresident operating privilege is suspended for an outlined violation, in lieu of the suspension and on request of a person, a court to order that ADOT require the installation of a speed inhibiting device on any motor vehicle the person operates in addition to any other penalty prescribed by law, including defensive driving or traffic survival school.
2. Excludes, from the outlined violations, a notice of violation that as obtained by using a photo enforcement system.
3. Specifies that is a person's license is suspended while the person was operating a motor vehicle or off-highway vehicle, the person is only eligible for use of a speed inhibiting device on a motor vehicle.
4. Requires ADOT, on receipt of an order from the court, to require a speed inhibiting device to be installed on any motor vehicle a person operates for a period that is equivalent to the length of the suspension of the person's license or nonresident operating privilege that would have otherwise been imposed on a person who:
a) is convicted of a first violation of aggressive driving and a suspension is required;
b) is convicted of a second violation of aggressive driving within a 24-month period;
c) is a minor and the offense is the minor's first excessive speeding offense; or
d) has assessed points against the person's driving record that would require a one-year suspension for accumulating excessive points pursuant to rules adopted by ADOT.
5. Exempts a person who is convicted of a second violation of aggressive driving within a 24-month period and who is ordered by the court to install a speed inhibiting from being subject to any minimum suspension of a license or nonresident operating privilege.
6. Requires a person who is required to install a speed inhibiting device to pay the cost for installing and maintaining the device.
7. Allows ADOT to charge a fee for installation.
8. Instructs the manufacturer or provider of a speed inhibiting device to electronically provide to ADOT proof of installation by the person whose driving privilege is limited in the manner and format prescribed by ADOT by rule.
9. Requires ADOT to reject any information that does not meet the requirements for proof of installation, including proof of:
a) the installation of a functioning speed inhibiting device in each motor vehicle that is operated by the person;
b) compliance by the person of at least once every 90 days during the period the person is ordered to use a speed inhibiting device;
c) any tampering or circumvention of the speed inhibiting device;
d) the removal of the speed inhibiting device from any motor vehicle that is operated by the person;
e) a copy of the notification provided to the person that the person has completed the term requiring the installation of the speed inhibiting device; and
f) any other communications determined necessary by ADOT.
10. Encourages ADOT to reject any information that does not meet the prescribed requirements for proof.
11. Prohibits ADOT from reinstating a person's license or nonresident operating privilege until:
a) the person has installed a functioning speed inhibiting device in each motor vehicle that is operated by the person; and
b) the manufacturer or provider of the speed inhibiting device has provided proof of installation to ADOT.
12. Requires, if proof of compliance is not submitted by the manufacturer or provider of the speed inhibiting device, ADOT to suspend the person's license or nonresident operating privilege until proof of compliance is submitted to ADOT.
13. Allows a person whose driver license is suspended for noncompliance to submit a written request for a hearing that must be received by ADOT within 15 days after the date of the order of suspension.
14. Specifies that a timely request for a hearing stays the suspension until a hearing is held, except that ADOT:
a) may not return any surrendered driver license or permit to the person; and
b) may issue a temporary driver license or permit to drive that expires not later than when ADOT has made its final decision.
15. Requires the hearing to be:
a) held within 30 days of receipt of the request; and
b) conducted in the same manner and under the same conditions as a hearing requested for a discretionary license suspension or revocation; and
c) limited in scope to only include the following issues:
i. whether the person was ordered or required to equip a motor vehicle that is operated by the person with a speed inhibiting device; and
ii. whether the manufacturer or provider of the speed inhibiting device provided proof of compliance.
16. Determines that a person who is required to install a speed inhibiting device and who is found to be operating a motor vehicle without a device installed, except in cases of substantial emergency, is guilty of a class 1 misdemeanor.
17. Requires ADOT, on notification from the court, to immediately suspend a person's license or nonresident operating privilege for:
a) failing to install a device or to provide proof of the installation; and
b) operating a motor vehicle without a speed inhibiting device installed, except in cases of substantial emergency.
18. Stipulates that the duration of the suspension of the license or nonresident operating privilege must be the length of the original sentence, and no time may be credited to the original length of suspension.
19. Directs the Assistant Director for the Motor Vehicle Division of ADOT, after consulting with the Director of DPS, to:
a) adopt rules prescribing the requirements for a speed inhibiting device;
b) certify speed inhibiting devices as prescribed;
c) publish a list of speed inhibiting devices that includes information about the manufacturers of the devices and where devices may be ordered;
d) make the list available to the courts and probation departments without charge;
e) establish standards and qualifications for technicians;
f) adopt a warning label design to be affixed to each speed inhibiting device on installation that contains a warning that a person tampering with, circumventing or otherwise misusing the speed inhibiting device is guilty of a class 1 misdemeanor; and
g) adopt rules that allow the Director of ADOT to impose a civil penalty against a manufacturer of a speed inhibiting device that fails to properly report data to the Director in the manner prescribed by the Director.
20. Stipulates that the adopted rules must include:
a) the procedure for certifying speed inhibiting devices;
b) provisions to ensure the reliability of the speed inhibiting device over the range of motor vehicle environments;
c) provisions to ensure the speed inhibiting device works accurately in an unsupervised environment;
d) the procedure for decertifying a speed inhibiting device for cause;
e) the procedure to ensure a person installs a speed inhibiting device on any motor vehicle operated by the person within 20 days if the original motor vehicle with a speed inhibiting device installed is sold, lost, stolen, wrecked or scrapped;
f) the procedures and hearing rights for ADOT to approve early removal, reinstallation or opt out by the person for the speed inhibiting device if the person no longer possesses a motor vehicle or is no longer able to finish the required time frame for the installation of the device; and
g) the procedures for compliance reporting relating to tampering with and circumvention of speed inhibiting devices.
21. Bars any speed inhibiting device from certification until:
a) the device is made by a manufacturer that is covered by product liability insurance in the amount of $1,000,000 per event and $3,000,000 in aggregate;
b) the manufacturer of the device indemnifies the state against any liability that may result from the use of the device;
c) the device is repaired or modified only by the manufacturer of the device;
d) all of the required reporting for speed inhibiting devices originates from the device manufacturer; and
e) the speed inhibiting device includes an override feature to be used by the person.
22. Requires the override feature to:
a) be available not more than three times during a 30-day period; and
b) allow the motor vehicle to exceed the posted speed limit by no more than 10 miles for a period not to exceed 60 seconds.
23. Prohibits, except in cases of substantial emergency, a person from knowingly renting, leasing or lending a motor vehicle to a person whose driving privilege is limited unless the vehicle is equipped with a functioning speed inhibiting device.
24. Requires a person whose driving privilege is limited and who rents, leases or borrows a motor vehicle from another person to notify the person who rents, leases or lends the vehicle to the person that the person has specific requirements for the operation of the vehicle and the nature of the requirements.
25. Precludes a motor vehicle manufacturer, distributor or retailer from being liable for any loss, injury or damage caused by the design, manufacturer, installation, including improper installation, or use or misuse of a speed inhibiting device.
26. Nullifies the preclusion from liability if the manufacturer, distributor or retailer knowingly engages in a repair or update to the speed inhibiting device and the repair or update is the proximate cause of any loss, injury or damage.
27. Restricts the manufacturer of a speed inhibiting device to collect only necessary data to support compliance, evaluate program performance and improve system accuracy and effectiveness.
28. Specifies that data collection must:
a) minimize storage of location data;
b) be shared under the following circumstances:
i. when directed by a valid court order
ii. as directed by law or rule
iii. with ADOT or the judge related to a violation; or
iv. when depersonalized or aggregated for research or evaluation purposes; and
c) never be sold, licensed or used for any commercial purposes.
29. Specifies that the prescribed requirements relating to speed inhibiting devices do not:
a) apply to fleet vehicles operated by a person whose driving privilege is limited;
b) apply to vehicles that are owned by a person's employer and are operated in the course of employment by a person whose driving privilege is limited;
c) apply to commercial vehicles;
d) require a motor vehicle manufacturer, distributor or retailer to manufacture, distribute or offer for sale a motor vehicle that includes or is compatible with an aftermarket intelligent speed assistance device;
e) prohibit a lessor or lienholder from requiring notification by the person that a speed inhibiting device has been installed on a motor vehicle subject to a lease or finance agreement;
f) prohibit a lessor or lienholder from charging a reasonable fee to the customer for the removal of a speed inhibiting device; or
g) apply to a motorcycle or off highway vehicle operated by a person whose driving privilege is limited.
30. Incorporates the use of speed inhibiting devices into the administrative requirements prescribed to ADOT for:
a) the service of notice;
b) the removal and immobilization or impoundment of a vehicle that is operated without a functioning speed inhibiting device; and
c) providing access to and the release of an impounded vehicle subject to the requirements of a speed inhibiting device.
31. Defines a speed inhibiting device as an integrated motor vehicle system that:
a) determines the posted speed limit of the roadway the motor vehicle is on; and
b) prevents the motor vehicle's speed from exceeding the posted speed limit.
32. Defines a substantial emergency as an emergency situation during which a person other than the person whose driving privilege is limited is not reasonably available to drive in response to that emergency situation.
33. Makes technical and conforming changes.
34. Becomes effective on July 1, 2027.
House Action
JUD 1/28/26 DPA 7-2-0-0
3rd Read 2/25/26 33-21-6
Prepared by Senate Research
March 23, 2026
KJA/hk