HB 474 — Motor vehicles, exhibition driving, further provided; automated traffic enforcement system, authorized to be used to detect and record violations; impoundment period, further provided

HB474 INTRODUCEDENROLLED HB474 VX6WVPV-1VX6WVPV-2 By Representatives Treadaway, Carns RFD:

23-Apr-24 Page 0 VX6WVPV-1HB474 04/22/2024Enrolled CMHEnrolled, (L)CMHAn 2024-1577Act, 23 4Relating SYNOPSIS:to motor vehicles;

Under existing law, a person is prohibited from engaging in exhibition driving when on a public road, off street parking facility, or other parcel of public or private property, without the consent of the owner of that property.

Exhibition driving includes motor vehicle speed contests, exhibitions of speed, sideshows, burnouts, donuts, and other reckless driving maneuvers.

This bill would authorize any local governing body to enforce the prohibition against exhibition driving through the use of automated photographic or video traffic enforcement systems that have the ability to record violations.

This bill would provide that if a violation is observed by a traffic enforcement officer or recorded by an automated traffic enforcement system, the vehicle may be impounded for a minimum of 48 hours.

This bill would also provide that a violation may be committed if a person gives consent for another person to use his or her motor vehicle to commit a violation.

A BILL Page 1 HB474 INTRODUCED TO BE ENTITLED AN ACT Relating to motor vehicles;

The term does not include maneuvering the otherwise lawfully operated vehicle when Page 2 HB474 INTRODUCED necessary to avoid collision, injury, or damage.

Page 1 HB474 Enrolled (3) MOTOR VEHICLE EXHIBITION OF SPEED.

(b)(1) A person shall not engage in, or aid or abet the Page 3 HB474 INTRODUCED furtherance of, or give consent for his or her vehicle to be Page 2 HB474 Enrolled used in, any of the following on a public road or highway, off street parking facility, or any other parcel of public or private property, without the consent of the owner of that property.

95 (2) A person shall be deemed to give consent for his or her vehicle to be used in a violation of this subsection if the person knew, or should have reasonably known based on the totality of the circumstances, that the person's vehicle would be used to commit a violation of this subsection.

Page 4 HB474 INTRODUCED (2) If a person commits a violation of subsection (b) Page 3 HB474 Enrolled and the commission of the offense proximately causes serious physical injury to a person other than the driver, the person shall be guilty of a Class C felony.

In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for not 95 less than two years.

The Page 5 HB474 INTRODUCED lawtraffic enforcement officer making the impoundment shall Page 4 HB474 Enrolled direct an approved towing service to tow the vehicle to the garage of the towing service, storage lot, or other place of safety and maintain custody and control of the vehicle for a minimum of 48 hours.

(2) If a person has been convicted of three or more Page 6 HB474 INTRODUCED violations of this section, the motor vehicle operated by the Page 5 HB474 Enrolled person in the commission of the offense shall be seized and forfeited pursuant to the procedures of Section 20-2-93.

Page 76 HB474 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 30-Apr-24.

John Treadwell Clerk Senate 08-May-24 Passed Page 7