SB 1680 — traffic violations; photo radar; penalties

SenateHouse Engrossed Senate Bill traffic violations;

penalties State(now: of Arizona Senate Fifty-sixth Legislature Second Regular Session SENATE BILL 1680 AN ACT AMENDING SECTION 28-1602, ARIZONA REVISED STATUTES;

RELATINGminors; TO TRAFFIC VIOLATIONS.

motorcycle helmets;

citations) State of Arizona Senate Fifty-sixth Legislature Second Regular Session CHAPTER 246 SENATE BILL 1680 AN ACT AMENDING SECTION 28-964, ARIZONA REVISED STATUTES;

RELATING TO VEHICLES.

Section 28-1602,28-964, Arizona Revised Statutes, is amended to read:

28-1602.28-964.

PhotoMotorcycles; enforcement violations;

lawall-terrain enforcementvehicles; review;

violation;motor driven cycles;

classification;equipment;

serviceexception; of process;

nocitations; duty to identify photo or respond;

payment;community service A.

definitionsAn A.operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at all times a protective helmet on the operator's or passenger's head in an appropriate manner.

NotwithstandingA anyLAW otherENFORCEMENT law,OFFICER ifMAY aISSUE personA receivesCITATION aFOR noticeA ofVIOLATION violationOF inTHIS theSUBSECTION mailONLY forTO aAN violationOPERATOR ofOR chapterPASSENGER 3,WHO articleIS 3SIXTEEN orOR 6SEVENTEEN ofYEARS thisOF titleAGE orAND ofWHO aHAS cityBEEN orISSUED townA ordinanceDRIVER forLICENSE excessiveOR speedPERMIT. or failure to obey a traffic control device that is obtained using a photo enforcement system, the person does not have to do either of the following:

The protective helmet shall be safely secured while the operator or passenger is operating or riding on the motorcycle, all-terrain vehicle or motor driven cycle.

An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield.

This subsection does not apply to ANY OF THE FOLLOWING:

IdentifyElectrically whopowered isthree inwheeled vehicles or three wheeled vehicles on which the photo.operator and passenger ride within an enclosed cab.

RespondA toMOTORCYCLE, theALL-TERRAIN noticeVEHICLE ofOR violation.MOTOR DRIVEN CYCLE THAT IS A FARM OR AGRICULTURAL VEHICLE IF THE OPERATOR OR PASSENGER IS ENGAGED IN AGRICULTURAL WORK.

3.

AN ALL-TERRAIN VEHICLE AS DEFINED IN SECTION 28-101, PARAGRAPH 3, SUBDIVISION (b).

4.

A MOTORCYCLE, ALL-TERRAIN VEHICLE OR MOTOR DRIVEN CYCLE THAT IS OPERATED ON PRIVATE PROPERTY.

TheA noticemotorcycle, ofall-terrain violationvehicle mustand statemotor driven cycle shall be equipped with a rearview mirror, seat and footrests for the following:operator.

1.A motorcycle, all-terrain vehicle or motor driven cycle operated with a passenger shall be equipped with a seat and footrests for the passenger.

The notice OF VIOLATION is not a court issued document and the recipient is under no obligation to identify the person or respond to the notice OF VIOLATION.

2.

Failure to respond to the notice OF VIOLATION may result in official service that may result in an additional fee being levied.

BeforeAN aOPERATOR citationOF isA issued,MOTORCYCLE, aALL-TERRAIN lawVEHICLE enforcementOR agencyMOTOR mustDRIVEN reviewCYCLE evidenceWHO thatIS isAT recordedLEAST byEIGHTEEN aYEARS photoOF enforcementAGE systemMAY toBE determineISSUED whetherA aCITATION violationIF ofEITHER chapterOF 3,THE articleFOLLOWING 3OCCURS: or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device occurred.

D.

A photo enforcement company may not determine whether a violation of chapter 3, article 3 or 6 of this title occurred for the purpose of the issuance of ISSUING a citation.

A violation of this subsection is a class 1 misdemeanor.

E.

In addition to any other means authorized by the Arizona rules of civil procedure, alternative service of process must be sent by certified mail with an additional copy by regular mail and a notice must be posted on the front door of the business or residence and, if present and accessible, a residence's garage door.

Service of the complaint is complete on filing the mailing receipt and proof of posting in the court having jurisdiction of the violation.

Notwithstanding any other law, a person's driving privileges may not be suspended or revoked as a result of a citation that is served by alternative service of process under this subsection.

F.