The Arizona Revised Statutes have been updated to include the revised sections from the 57th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 58th Legislature, 1st Regular Session, which convenes in January 2027.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
28-711. Use of speed inhibiting device; fee; proof of compliance; installation; violation; classification; rules; definitions
(Eff. 7/1/27)
A. If a person's license or nonresident operating privilege is suspended for a violation described in this subsection, except for a notice of violation that was obtained by using a photo enforcement system, in lieu of the suspension and on request of the person, the court may order that the department 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 school pursuant to chapter 8, article 7 of this title or traffic survival school pursuant to chapter 8, article 7.1 of this title. If the license of a person is suspended pursuant to this section while the person was operating a motorcycle or off-highway vehicle, the person is eligible for use of a speed inhibiting device only on a motor vehicle. On receipt of an order from the court, the department shall 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 for the following if the person:
1. Is convicted of a first violation of section 28-695 and a suspension of the person's license or nonresident operating privilege is required.
2. Has assessed points against the person's driving record that would require a one-year suspension of the person's license or nonresident operating privilege for accumulating excessive points pursuant to rules adopted by the department.
3. Is convicted of a second violation of section 28-695 within a twenty-four-month period. A person who is convicted of a violation described in this paragraph and who is ordered by the court to install a speed inhibiting device pursuant to this section is not subject to any minimum suspension of a license or nonresident operating privilege.
4. Is a minor and the offense is the minor's first excessive speeding offense pursuant to section 28-701.02.
B. If a person is required to install a speed inhibiting device pursuant to this section, the person shall pay the cost for installing and maintaining the speed inhibiting device. The department may charge a fee for installation.
C. The manufacturer or provider of a speed inhibiting device shall electronically provide to the department proof of installation by the person whose driving privilege is limited pursuant to this section in the manner and format prescribed by the department by rule, and the department shall reject any information that does not meet these requirements, including proof of:
1. The installation of a functioning speed inhibiting device in each motor vehicle that is operated by the person.
2. Compliance by the person of at least once every ninety days during the period the person is ordered to use a speed inhibiting device.
3. Any tampering or circumvention of the speed inhibiting device.
4. The removal of the speed inhibiting device from any motor vehicle that is operated by the person.
5. A copy of the notification provided to the person that the person has completed the term requiring the installation of the speed inhibiting device.
6. Any other communications determined necessary by the department.
D. The department may not reinstate the person's license or nonresident operating privilege until the person has installed a functioning speed inhibiting device in each motor vehicle that is operated by the person and the manufacturer or provider of the speed inhibiting device has provided proof of installation to the department.
E. If the manufacturer or provider of the speed inhibiting device does not submit proof of compliance by the person whose driving privilege is limited pursuant to this section, the department shall suspend the person's license or nonresident operating privilege until proof of compliance is submitted to the department. On notification of noncompliance from the court, the department shall immediately suspend the person's license or nonresident operating privilege.
F. A person whose driver license is suspended pursuant to this section may submit a written request for a hearing. The written request must be received by the department within fifteen days after the date of the order of suspension. On receipt of a request for a hearing, a hearing shall be held within thirty days. A timely request for a hearing stays the suspension until a hearing is held, except that the department may not return any surrendered driver license or permit to the person but may issue a temporary driver license or permit to drive that expires not later than when the department has made its final decision. Hearings requested pursuant to this subsection shall be conducted in the same manner and under the same conditions as provided in section 28-3306, and the scope of the hearing shall include only the following issues:
1. Whether the person was ordered or required to equip a motor vehicle that is operated by the person with a speed inhibiting device pursuant to this section.
2. Whether the manufacturer or provider of the speed inhibiting device provided proof of compliance pursuant to this section.
G. If a person is required to install a speed inhibiting device pursuant to this section and the person is found to be operating a motor vehicle without a speed inhibiting device installed except as provided in subsection I of this section, the person is guilty of a class 1 misdemeanor. On notification from the court, the department shall immediately suspend the person's license or nonresident operating privilege. 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.
H. After consulting with the director of the department of public safety, the assistant director for the motor vehicle division of the department of transportation shall:
1. Adopt rules prescribing the requirements for a speed inhibiting device. The 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 twenty 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 the department 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 speed inhibiting device.
(g) The procedures for compliance reporting relating to tampering with and circumvention of speed inhibiting devices.
2. Certify speed inhibiting devices. Any speed inhibiting device may not be certified until:
(a) The speed inhibiting 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 speed inhibiting device indemnifies this state against any liability that may result from the use of the speed inhibiting device.
(c) The speed inhibiting device is repaired or modified only by the manufacturer of the speed inhibiting device.
(d) All of the speed inhibiting device reporting required by this section originates from the speed inhibiting device manufacturer.
(e) The speed inhibiting device includes an override feature to be used by the person. The override feature must:
(i) Be available not more than three times during a thirty-day period.
(ii) Allow the motor vehicle to exceed the posted speed limit by not more than ten miles for a period not to exceed sixty seconds.
3. Publish a list of speed inhibiting devices that includes information about the manufacturers of the speed inhibiting devices and where the speed inhibiting devices may be ordered.
4. Make the list available to the courts and probation departments without charge.
5. Establish standards and qualifications for technicians.
6. Adopt a warning label design to be affixed to each speed inhibiting device on installation. The label must contain a warning that a person tampering with, circumventing or otherwise misusing the speed inhibiting device is guilty of a class 1 misdemeanor.
7. Adopt rules that allow the director 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.
I. Except in cases of substantial emergency, a person may not knowingly rent, lease or lend a motor vehicle to a person whose driving privilege is limited pursuant to this section unless the motor vehicle is equipped with a functioning speed inhibiting device.
J. A person whose driving privilege is limited pursuant to this section and who rents, leases or borrows a motor vehicle from another person shall notify the person who rents, leases or lends the motor vehicle to the person that the person has specific requirements for the operation of the motor vehicle and the nature of the requirements.
K. A motor vehicle manufacturer, distributor or retailer is not 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 unless the motor vehicle 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.
L. The manufacturer of a speed inhibiting device shall collect only necessary data to support compliance, evaluate program performance and improve system accuracy and effectiveness. The data collection must:
1. Minimize storage of location data.
2. Be shared under the following circumstances:
(a) When directed by a valid court order.
(b) As directed by law or rule.
(c) With the department or judge related to any violation of this section.
(d) When depersonalized or aggregated for research or evaluation purposes.
3. Never be sold, licensed or used for any commercial purposes.
M. This section does not:
1. Apply to fleet vehicles operated by a person whose driving privilege is limited pursuant to this section.
2. Apply to vehicles that are owned by a person's employer and that are operated in the course of employment by a person whose driving privilege is limited pursuant to this section.
3. Apply to commercial vehicles as defined in section 28-2231.
4. 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.
5. 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.
6. Prohibit a lessor or lienholder from charging a reasonable fee to the customer for the removal of a speed inhibiting device.
7. Apply to a motorcycle or off-highway vehicle operated by a person whose driving privilege is limited pursuant to this section.
N. For the purposes of this section:
1. "Speed inhibiting device" means an integrated motor vehicle system that determines the posted speed limit of the roadway the motor vehicle is on and that prevents the motor vehicle's speed from exceeding the posted speed limit.
2. "Substantial emergency" means an emergency situation during which a person other than the person whose driving privilege is limited pursuant to this section is not reasonably available to drive in response to that emergency situation.