Bill Text: AZ HB2216 | 2014 | Fifty-first Legislature 2nd Regular | Introduced

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Bill Title: Driving; wireless communication devices; regulation

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-02-11 - Referred to House TRANS Committee [HB2216 Detail]

Download: Arizona-2014-HB2216-Introduced.html

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REFERENCE TITLE: driving; wireless communication devices; regulation

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HB 2216

 

Introduced by

Representatives Sherwood: Alston, Mendez

 

 

AN ACT

 

amending title 28, chapter 3, article 15, Arizona Revised Statutes, by adding section 28‑913; relating to the use of wireless communication devices while driving.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 28, chapter 3, article 15, Arizona Revised Statutes, is amended by adding sections 28-913, to read:

START_STATUTE28-913.  Wireless communication device use while driving; prohibition; exceptions; civil penalties; definition

A.  A person who operates a motor vehicle on a highway shall not use a wireless communication device while the motor vehicle is in motion unless the wireless communication device is equipped with a hands-free device.

B.  This section does not apply to any of the following:

1.  Law enforcement and safety personnel while in the performance of official duties.

2.  Drivers of authorized emergency vehicles while in the performance of official duties.

3.  Holders of commercial driver licenses while driving within the scope of their employment.

4.  Public transit personnel while driving within the scope of their employment.

5.  A Person who is reporting criminal, reckless or negligent behavior.

6.  A person who believes the person is in physical danger if the person is the only adult in the motor vehicle.

7.  The use of a wireless communication device for the sole purpose of communicating with any of the following regarding an emergency situation:

(a)  An emergency response operator.

(b)  A hospital, physician's office or health clinic.

(c)  A provider of ambulance services.

(d)  A provider of firefighting services.

(e)  A law enforcement agency.

C.  A violation of this section is a nonmoving civil traffic violation.

D.  If a person violates this section and the person is not involved in a motor vehicle accident, the person is subject to a civil penalty of fifty dollars.

E.  If a person violates this section and the person is involved in a motor vehicle accident, the person is subject to a civil penalty of two hundred dollars.

F.  If a person is cited for violating this section, the person is involved in a motor vehicle accident and a written accident report is required pursuant to article 4 of this chapter, the law enforcement officer investigating the accident shall indicate on the written accident form the person's use of a wireless communication device at the time of the accident.

G.  For the purposes of this section, "hands-free device" means an attachment, add-on or addition to a cellular telephone, whether or not permanently installed in a motor vehicle, that when used allows the motor vehicle operator to maintain both hands on the steering wheel. END_STATUTE

Sec. 2.  Warning period

For the purpose of informing and educating persons who operate motor vehicles, beginning on January 1, 2015 through January 31, 2015, any law enforcement officer authorized to issue traffic complaints may stop motor vehicles and issue verbal warnings to persons who would be violating section 28‑913, Arizona Revised Statutes, as added by this act, if it was effective on the day the warning is issued.

Sec. 3.  Effective date

Section 28-913, Arizona Revised Statutes, as added by this act, is effective from and after January 31, 2015.