Bill Text: AZ SB1538 | 2011 | Fiftieth Legislature 1st Regular | Engrossed

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Bill Title: Driving; handheld wireless communication devices

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2011-03-22 - Referred to House JUD Committee [SB1538 Detail]

Download: Arizona-2011-SB1538-Engrossed.html

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Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fiftieth Legislature

First Regular Session

2011

 

 

SENATE BILL 1538

 

 

 

AN ACT

 

amending title 28, chapter 3, article 15, Arizona Revised Statutes, by adding section 28-913; relating to the use of handheld 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 section 28-913, to read:

START_STATUTE28-913.  Handheld wireless communication device use while driving; prohibition; exceptions; civil penalties

A.  A person may not use a handheld wireless communication device to manually write, send or read a written message while operating a motor vehicle.

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

1.  An operator of an authorized emergency vehicle or a law enforcement officer using equipment necessary for the operator's or law enforcement officer's duties.

2.  A person who reads, selects or enters a telephone number or name in a handheld wireless communication device for the purpose of making or receiving a telephone call.

3.  A person who operates a vehicle that is not in motion and that is either of the following:

(a)  Not in a lane of traffic.

(b)  In a lane of traffic.  This subdivision does not apply if the vehicle is not in motion due to a traffic control device or sign.

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. END_STATUTE

Sec. 2.  Warning period

Notwithstanding section 28-913, Arizona Revised Statutes, as added by this act, for the purpose of informing and educating persons who operate motor vehicles, beginning January 1, 2012 through January 31, 2012, any law enforcement officer authorized to issue traffic complaints may stop motor vehicles and shall only issue a warning to persons violating section 28-913, Arizona Revised Statutes, as added by this act.

Sec. 3.  Short title

This act may be cited as the "No Texting While Driving Act".

Sec. 4.  Effective date

Section 28-913, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2011.