| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 28, chapter 3, article 6, Arizona Revised Statutes, is amended by adding section 28-711, to read: START_STATUTE28-711. Use of speed inhibiting device; proof of compliance; installation; hearings; violations; classification; rules; definitions A. If the license of a person or the driving privilege of a nonresident is suspended or revoked for a violation described in paragraphs 1, 2, 3 or 4 of this subsection in lieu of the suspension or revocation the court may order that the department may install a speed inhibiting device on any motor vehicle the person operates in addition to any other penalty prescribed by law. on RECEIPT of AN order from the court, the department may require A speed inhibiting device to be installed on any motor vehicle A person operates for a period of at least: 1. ninety days if the person is convicted of a first violation of section 28-708. 2. one hundred eighty days if the person is cited for either: (a) driving one hundred miles per hour or more and the citation is the person's first offense pursuant to Section 28-701 or a violation of section 28-701.02. (b) a second offense pursuant to section 28-701 or a violation of section 28-701.02 within a TWELVE-month period. The person shall pay any civil penalty fines or surcharges imposed and may be required to attend and successfully complete traffic survival school educational sessions. 3. One year if the person either: (a) Has assessed points against the person's driving record that would require the one-year suspension of driving PRIVILEGES for accumulating excessive points pursuant to rules adopted by the department. (b) is convicted of a second violation of section 28-708 within a twenty-four month period. 4. Notwithstanding section 28-3304, the duration of any suspension or revocation period that could have been imposed by the department on the person pursuant to: (a) Section 28-3304 if the felony conviction of the offense included speeding. (b) Section 28-701 if the person is a minor and the offense is the minor's first excessive speeding offense. 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. c. The manufacturer of a speed inhibiting device shall electronically provide to the department proof of compliance 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 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. Calibration of the speed inhibiting device at least once every ninety days during the period the person is ordered to use a speed INHIBITING DEVICE. 4. Any TAMPERING or CIRCUMVENTION of the speed inhibiting device. 5. The removal of the speed inhibiting device from any motor vehicle. 6. A copy of the notification provided to the person that the person has completed the term requiring the installation of the speed inhibiting technology. 7. Any other communications determined necessary by the department. d. The department may not reinstate the person's driving PRIVILEGE until the person has installed a functioning speed inhibiting device in each motor vehicle that is operated by the person and the manufacturer of the speed inhibiting device has provided proof of installation to the department. e. If the manufacturer 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 driving PRIVILEGES until proof of COMPLIANCE is submitted to the department. If a person does not request a hearing pursuant to subsection g of this section, the department shall immediately suspend the person's driving privileges. f. 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, the person is guilty of a class one MISDEMEANOR. If a person does not request a hearing pursuant to subsection g of this section, the department shall immediately suspend the person's driving privileges. The duration of the revocation of driving PRIVILEGES shall be the length of the original sentence. g. A person whose DRIVER license is suspended PURSUANT to subsection E or F of this section may submit a written request for a hearing within fifteen days after receipt of an order of SUSPENSION or revocation. On RECEIPT of the written request for a hearing, the hearing shall be held within thirty days. A Hearing requested pursuant to this subsection shall be conducted in the same manner and under the same conditions as provided in section 28-3306. 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 certification and decertification of a speed inhibiting device. The rules shall 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 of a speed INHIBITING DEVICE for cause. 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. 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 certified speed inhibiting device on INSTALLATION. The label shall 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 certified 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 certified 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. For the purposes of this section: 1. "Speed inhibiting device" means an integrated motor vehicle system that determines the speed limit of the roadway the motor vehicle is on and that prevents the speed of the motor vehicle 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. END_STATUTE Sec. 2. Section 28-3318, Arizona Revised Statutes, is amended to read: START_STATUTE28-3318. Service of notice; definitions A. The department shall provide written, electronic or digital notice to a person possessing a driver license, to an unlicensed driver or to a nonresident driver of the following: 1. A suspension, revocation, cancellation, disqualification or speed INHIBITING device limiting or certified ignition interlock device limitation of the license or privilege to operate a motor vehicle. 2. Required attendance at training and education sessions. B. The department may include additional information in the written, electronic or digital notice developed in consultation with the director of the department of public safety as prescribed in section 28-1462 regarding certified ignition interlock devices. C. The department shall send the notice by mail or electronically or digitally to the address provided to the department on the licensee's application or provided to the department pursuant to section 28-448. If an address has not been provided to the department as provided in this subsection, the department shall send the notice to any address known to the department, including the address listed on a traffic citation received by the department. D. Service of the notice provided by this section is complete on mailing. The department shall provide further service of notice only if the department is notified of a change of address pursuant to section 28-448. E. Compliance with the mailing provisions of this section constitutes notice of the suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation for purposes of prosecution under section 28-1383, 28-1464 or 28-3473. The state is not required to prove actual receipt of the notice or actual knowledge of the suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation. F. Compliance with the mailing provisions of this section constitutes notice of suspension or restriction for the purposes of suspension or restriction under section 28-3320. The state is not required to prove actual receipt of the notice or actual knowledge of the suspension or restriction. G. For the purposes of this section: 1. "Certified ignition interlock device" has the same meaning prescribed in section 28-1301. 2. "Mail" or "mailing" means delivery by first class or certified mail or through a department electronic or digital system. 3. "speed inhibiting device" has the same meaning prescribed in section 28-711. END_STATUTE Sec. 3. Section 28-3511, Arizona Revised Statutes, is amended to read: START_STATUTE28-3511. Removal and immobilization or impoundment of vehicle; Arizona crime information center database A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that: 1. A person is driving the vehicle while any of the following applies: (a) Except as otherwise provided in this subdivision, the person's driving privilege is revoked for any reason. A peace officer shall not cause the removal and either immobilization or impoundment of a vehicle pursuant to this subdivision if the person's privilege to drive is valid in this state. (b) The person has not ever never been issued a valid driver license or permit by this state and the person does not produce evidence of ever having a valid driver license or permit issued by another jurisdiction. This subdivision does not apply to the operation of an implement of husbandry. (c) The person is subject to an ignition interlock device requirement pursuant to chapter 4 of this title or a speed inhibiting device pursuant to section 28-711 and the person is operating a vehicle without a functioning certified ignition interlock device or a speed inhibiting device. This subdivision does not apply to the operation of a vehicle due to a substantial emergency as defined in section 28-1464. (d) In furtherance of the illegal presence of an alien in the United States and in violation of a criminal offense, the person is transporting or moving or attempting to transport or move an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law. (e) The person is concealing, harboring or shielding or attempting to conceal, harbor or shield from detection an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, entered or remains in the United States in violation of law. 2. A person is driving a the vehicle in violation of section 28-693 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death. 3. A person is driving a the vehicle in violation of section 28-708 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death. 4. A person is obstructing a highway or other public thoroughfare in violation of section 13-2906 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death. 5. The vehicle is displayed for sale or for transfer of ownership with a vehicle identification number that has been destroyed, removed, covered, altered or defaced. B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply: 1. The person's driving privilege is canceled or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction. 2. The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. 3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person. C. Except as provided in subsection D of this section, while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4-244, paragraph 34 or section 28-1382 or 28-1383. D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply: 1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. 2. Another person is with the driver at the time of the arrest. 3. The peace officer has reasonable grounds to believe that the other person who is with the driver at the time of the arrest meets all of the following: (a) Has a valid driver license. (b) Is not impaired by intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances. (c) Does not have any spirituous liquor in the person's body if the person is under twenty-one years of age. 4. The other person who is with the driver at the time of the arrest notifies the peace officer that the person will drive the vehicle from the place of arrest to the driver's home or other place of safety. 5. The other person drives the vehicle as prescribed by paragraph 4 of this subsection. E. Except as provided in subsection H of this section and as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for twenty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment. F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section, the spouse of the owner and each person who has provided the department with indicia of ownership as prescribed in section 28-3514 or other interest in the vehicle that exists immediately before the immobilization or impoundment shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28-3514. G. A law enforcement agency that employs the peace officer who removes and either immobilizes or impounds a vehicle pursuant to this section shall enter information about the removal and either immobilization or impoundment of the vehicle in the Arizona crime information center database within three business days after the removal and either immobilization or impoundment. H. A vehicle that is removed and either immobilized or impounded pursuant to subsection A, paragraph 4 of this section shall be immobilized or impounded for seven days. END_STATUTE Sec. 4. Section 28-3512, Arizona Revised Statutes, is amended to read: START_STATUTE28-3512. Release of vehicle; civil penalties; definitions A. An immobilizing or impounding agency shall release a vehicle before the end of the immobilization or impoundment period as follows: 1. To the registered owner, if the vehicle is a stolen vehicle. 2. To the registered owner, if the vehicle is subject to bailment and is driven by an employee of a business establishment, including a parking service or repair garage, who is subject to section 28-3511, subsection A, B or C. 3. To the registered owner, if the owner was operating the vehicle at the time of removal and either immobilization or impoundment and presents proof satisfactory to the immobilizing or impounding agency that the owner's driving privilege has been reinstated. 4. To the registered owner, if all of the following apply: (a) The owner or the owner's agent was not the person driving the vehicle pursuant to section 28-3511, subsection A. (b) The owner or the owner's agent is in the business of renting motor vehicles without drivers. (c) The vehicle is registered pursuant to section 28-2166. (d) There was a rental agreement in effect at the time of the immobilization or impoundment. 5. Except as provided in paragraph 7 of this subsection, to the spouse of the registered owner or any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the spouse or person was not the driver of the vehicle at the time of removal and either immobilization or impoundment and the spouse or person enters into an agreement with the immobilizing or impounding agency that stipulates that if the spouse or person allows a driver who does not have a valid driving privilege or a driver who commits a violation that causes the spouse's or person's vehicle to be removed and either immobilized or impounded pursuant to this article within one year after any agreement is signed by an immobilizing or impounding agency, the spouse or person will not be eligible to obtain release of the spouse's or person's vehicle before the end of the immobilization or impoundment period. 6. To the motor vehicle dealer, if the vehicle is owned by a motor vehicle dealer who has paid fees pursuant to section 28-4302 and is driven by a customer, potential customer or employee of the motor vehicle dealer and the motor vehicle dealer has provided to the immobilizing or impounding agency indicia of the motor vehicle dealer's ownership of the vehicle, including a certificate of title or a manufacturer-issued certificate or statement of origin. 7. To any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the vehicle is a commercial motor vehicle, a street sweeper or heavy equipment as defined in section 28-854 and the person was not the driver of the vehicle at the time of removal and either immobilization or impoundment. B. A vehicle shall not be released pursuant to subsection A of this section except pursuant to an immobilization or a poststorage hearing under section 28-3514 or if all of the following are presented to the immobilizing or impounding agency: 1. The owner's or owner's spouse's currently valid driver license issued by this state or the owner's or owner's spouse's state of domicile. 2. Proof of current vehicle registration or a valid salvage or dismantle certificate of title. 3. Proof that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. 4. If the person is required by the department to install a certified ignition interlock device or a speed inhibiting device on the vehicle, proof of installation of a functioning certified ignition interlock device or a speed inhibiting device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device or a speed inhibiting device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device. C. The owner or the owner's spouse if the vehicle is released to the owner's spouse is responsible for paying all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28-3513, unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges. D. Before the end of the immobilization or impoundment period, the immobilizing or impounding agency shall release a vehicle to a person, other than the owner, identified on the department's record as having an interest in the vehicle immediately before the immobilization or impoundment if all of the following conditions are met: 1. The person is either of the following: (a) In the business of renting motor vehicles without drivers and the vehicle is registered pursuant to section 28-2166. (b) A motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this state or is another person who is not the owner and who holds a security interest in the vehicle immediately before the immobilization or impoundment. 2. The person pays all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28-3513 unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges. 3. The person presents foreclosure documents or an affidavit of repossession of the vehicle. 4. The person requesting release of the vehicle was not the person driving the vehicle at the time of removal and immobilization or impoundment. E. Before a person described in subsection D of this section releases the vehicle to the owner who was operating the vehicle at the time of removal and immobilization or impoundment, the person described in subsection D of this section shall require the owner to present and shall retain for a period of at least three years from the date of releasing the vehicle a copy of all of the following: 1. A driver license issued by this state or the owner's or owner's agent's state of domicile. 2. A current vehicle registration or a valid salvage or dismantle certificate of title. 3. Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. F. The person described in subsection D of this section may require the owner to pay charges that the person incurred in connection with obtaining custody of the vehicle, including all immobilization, towing and storage charges that are related to the immobilization or impoundment of the vehicle and any administrative charges that are established pursuant to section 28-3513. G. A vehicle shall not be released after the end of the immobilization or impoundment period unless the owner or owner's agent presents all of the following to the impounding or immobilizing agency: 1. A valid driver license issued by this state or by the owner's or owner's agent's state of domicile. 2. A current vehicle registration or a valid salvage or dismantle certificate of title. 3. Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. 4. If the person is required by the department to install a certified ignition interlock device or a speed inhibiting device on the vehicle, proof of installation of a functioning certified ignition interlock device or a speed inhibiting device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device or a speed inhibiting device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device or a speed inhibiting device. H. The storage charges relating to the impoundment of a vehicle pursuant to this section shall be subject to a contractual agreement between the impounding agency and a towing firm for storage services pursuant to section 41-1830.51 and shall be $25 for each day of storage, including any time the vehicle remains in storage after the end of the impoundment period. I. The immobilizing or impounding agency shall have no lien or possessory interest in a stolen vehicle if the theft was reported to the appropriate law enforcement agency. The immobilizing or impounding agency shall release the vehicle to the owner or person other than the owner as identified in subsection D of this section even if the operator at the time of immobilization or impoundment has not paid all immobilization, towing, storage and administrative charges. J. A person who enters into an agreement pursuant to subsection A, paragraph 5 of this section and who allows another person to operate the vehicle in violation of the agreement is responsible for a civil traffic violation and shall pay a civil penalty of at least $250. K. A person described in subsection D, paragraph 1 of this section who violates subsection E of this section is responsible for a civil traffic violation and shall pay a civil penalty of at least $250. L. For the purposes of this section: , 1. "Certified ignition interlock device" has the same meaning prescribed in section 28-1301. 2. "sPEED Inhibiting device" has the same meaning prescribed in section 28-711. END_STATUTE Sec. 5. Section 28-4848, Arizona Revised Statutes, is amended to read: START_STATUTE28-4848. Access to vehicle; ignition interlock service provider; lienholder; fee prohibited; violation; classification A. A towing company, storage yard, facility or person that has physical possession of a vehicle that was removed pursuant to section 9-499.05, 11-251.04 or 28-872, that was impounded pursuant to chapter 8, article 9 of this title or that was abandoned shall provide access during normal business hours to a person who presents evidence that the person either: 1. Is certified by the department as an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider and requires access to the vehicle for the purpose of removing the device from the vehicle. 2. Is listed as a lienholder on the departments records for the vehicle and requires access to the vehicle for the purpose of assessing the condition of the vehicle. B. After complying with subsection C of this section, an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider or a lienholder who is denied access to a vehicle by a towing company, storage yard, facility or person that has physical possession of the vehicle may report the denial to the impounding agency or a law enforcement agency that has jurisdiction in the city or county in which the vehicle is being stored and may submit a written request for assistance as prescribed by the impounding agency or law enforcement agency to obtain access to the vehicle for the purposes prescribed in this section. The impounding agency or the law enforcement agency shall provide assistance to the lienholder in obtaining access to the vehicle within five business days after the date the written request is received by the impounding agency or law enforcement agency. C. A towing company, storage yard, facility or person that has physical possession of a vehicle as prescribed in subsection A of this section shall provide access during normal business hours to an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider or lienholder who submits a request for access to a vehicle. The request for access shall be in writing, shall contain the name, address and telephone number of the person making the request for access to the vehicle and either: 1. For a lienholder, shall include a copy of a signed contract, loan agreement or credit agreement indicating the vehicle owners name, the vehicle identification number, the vehicle make and model or other identifying indicia or a certified record issued by the department listing the person as a lienholder. 2. For an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider, shall include a copy of a signed contract identifying the make and model or serial number of the ignition interlock device or the speed inhibiting device, the make and model of the vehicle or the vehicle identification number of the vehicle in which the device is installed. D. If the vehicle owner does not inspect the vehicle before removal of the ignition interlock device or the speed inhibiting device by the manufacturer or ignition interlock service provider, or has inspected the vehicle and has had the opportunity to remove personal property in the vehicle, a rebuttable presumption is created that damage to the vehicle and any loss of personal property in the vehicle occurred while the vehicle was not in the custody of the towing company, storage yard, facility or person that has physical possession of the vehicle. The presumption may be overcome by a preponderance of evidence to the contrary. E. This section does not create a cause of action or a right to bring an action against a towing company, storage yard, facility or person that has physical possession of the vehicle for allowing access to a vehicle to a person other than the owner if the written request as prescribed in this section is provided to the towing company, storage yard, facility or person that has physical possession of the vehicle. F. A towing company, storage yard, facility or person that has physical possession of a vehicle shall not charge a fee or require or request any compensation for providing access to a vehicle pursuant to this section. G. A person who violates this section is guilty of a class 2 misdemeanor. END_STATUTE |
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| 80 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 28, chapter 3, article 6, Arizona Revised Statutes, is amended by adding section 28-711, to read: 28-711. Use of speed inhibiting device; proof of compliance; installation; hearings; violations; classification; rules; definitions A. If the license of a person or the driving privilege of a nonresident is suspended or revoked for a violation described in paragraphs 1, 2, 3 or 4 of this subsection in lieu of the suspension or revocation the court may order that the department may install a speed inhibiting device on any motor vehicle the person operates in addition to any other penalty prescribed by law. on RECEIPT of AN order from the court, the department may require A speed inhibiting device to be installed on any motor vehicle A person operates for a period of at least: 1. ninety days if the person is convicted of a first violation of section 28-708. 2. one hundred eighty days if the person is cited for either: (a) driving one hundred miles per hour or more and the citation is the person's first offense pursuant to Section 28-701 or a violation of section 28-701.02. (b) a second offense pursuant to section 28-701 or a violation of section 28-701.02 within a TWELVE-month period. The person shall pay any civil penalty fines or surcharges imposed and may be required to attend and successfully complete traffic survival school educational sessions. 3. One year if the person either: (a) Has assessed points against the person's driving record that would require the one-year suspension of driving PRIVILEGES for accumulating excessive points pursuant to rules adopted by the department. (b) is convicted of a second violation of section 28-708 within a twenty-four month period. 4. Notwithstanding section 28-3304, the duration of any suspension or revocation period that could have been imposed by the department on the person pursuant to: (a) Section 28-3304 if the felony conviction of the offense included speeding. (b) Section 28-701 if the person is a minor and the offense is the minor's first excessive speeding offense. 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. c. The manufacturer of a speed inhibiting device shall electronically provide to the department proof of compliance 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 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. Calibration of the speed inhibiting device at least once every ninety days during the period the person is ordered to use a speed INHIBITING DEVICE. 4. Any TAMPERING or CIRCUMVENTION of the speed inhibiting device. 5. The removal of the speed inhibiting device from any motor vehicle. 6. A copy of the notification provided to the person that the person has completed the term requiring the installation of the speed inhibiting technology. 7. Any other communications determined necessary by the department. d. The department may not reinstate the person's driving PRIVILEGE until the person has installed a functioning speed inhibiting device in each motor vehicle that is operated by the person and the manufacturer of the speed inhibiting device has provided proof of installation to the department. e. If the manufacturer 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 driving PRIVILEGES until proof of COMPLIANCE is submitted to the department. If a person does not request a hearing pursuant to subsection g of this section, the department shall immediately suspend the person's driving privileges. f. 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, the person is guilty of a class one MISDEMEANOR. If a person does not request a hearing pursuant to subsection g of this section, the department shall immediately suspend the person's driving privileges. The duration of the revocation of driving PRIVILEGES shall be the length of the original sentence. g. A person whose DRIVER license is suspended PURSUANT to subsection E or F of this section may submit a written request for a hearing within fifteen days after receipt of an order of SUSPENSION or revocation. On RECEIPT of the written request for a hearing, the hearing shall be held within thirty days. A Hearing requested pursuant to this subsection shall be conducted in the same manner and under the same conditions as provided in section 28-3306. 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 certification and decertification of a speed inhibiting device. The rules shall 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 of a speed INHIBITING DEVICE for cause. 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. 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 certified speed inhibiting device on INSTALLATION. The label shall 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 certified 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 certified 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. For the purposes of this section: 1. "Speed inhibiting device" means an integrated motor vehicle system that determines the speed limit of the roadway the motor vehicle is on and that prevents the speed of the motor vehicle 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 Sec. 2. Section 28-3318, Arizona Revised Statutes, is amended to read: START_STATUTE28-3318. Service of notice; definitions A. The department shall provide written, electronic or digital notice to a person possessing a driver license, to an unlicensed driver or to a nonresident driver of the following: 1. A suspension, revocation, cancellation, disqualification or speed INHIBITING device limiting or certified ignition interlock device limitation of the license or privilege to operate a motor vehicle. 2. Required attendance at training and education sessions. B. The department may include additional information in the written, electronic or digital notice developed in consultation with the director of the department of public safety as prescribed in section 28-1462 regarding certified ignition interlock devices. C. The department shall send the notice by mail or electronically or digitally to the address provided to the department on the licensee's application or provided to the department pursuant to section 28-448. If an address has not been provided to the department as provided in this subsection, the department shall send the notice to any address known to the department, including the address listed on a traffic citation received by the department. D. Service of the notice provided by this section is complete on mailing. The department shall provide further service of notice only if the department is notified of a change of address pursuant to section 28-448. E. Compliance with the mailing provisions of this section constitutes notice of the suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation for purposes of prosecution under section 28-1383, 28-1464 or 28-3473. The state is not required to prove actual receipt of the notice or actual knowledge of the suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation. F. Compliance with the mailing provisions of this section constitutes notice of suspension or restriction for the purposes of suspension or restriction under section 28-3320. The state is not required to prove actual receipt of the notice or actual knowledge of the suspension or restriction. G. For the purposes of this section: 1. "Certified ignition interlock device" has the same meaning prescribed in section 28-1301. 2. "Mail" or "mailing" means delivery by first class or certified mail or through a department electronic or digital system. 3. "speed inhibiting device" has the same meaning prescribed in section 28-711. END_STATUTE Sec. 3. Section 28-3511, Arizona Revised Statutes, is amended to read: START_STATUTE28-3511. Removal and immobilization or impoundment of vehicle; Arizona crime information center database A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that: 1. A person is driving the vehicle while any of the following applies: (a) Except as otherwise provided in this subdivision, the person's driving privilege is revoked for any reason. A peace officer shall not cause the removal and either immobilization or impoundment of a vehicle pursuant to this subdivision if the person's privilege to drive is valid in this state. (b) The person has not ever never been issued a valid driver license or permit by this state and the person does not produce evidence of ever having a valid driver license or permit issued by another jurisdiction. This subdivision does not apply to the operation of an implement of husbandry. (c) The person is subject to an ignition interlock device requirement pursuant to chapter 4 of this title or a speed inhibiting device pursuant to section 28-711 and the person is operating a vehicle without a functioning certified ignition interlock device or a speed inhibiting device. This subdivision does not apply to the operation of a vehicle due to a substantial emergency as defined in section 28-1464. (d) In furtherance of the illegal presence of an alien in the United States and in violation of a criminal offense, the person is transporting or moving or attempting to transport or move an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law. (e) The person is concealing, harboring or shielding or attempting to conceal, harbor or shield from detection an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, entered or remains in the United States in violation of law. 2. A person is driving a the vehicle in violation of section 28-693 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death. 3. A person is driving a the vehicle in violation of section 28-708 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death. 4. A person is obstructing a highway or other public thoroughfare in violation of section 13-2906 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death. 5. The vehicle is displayed for sale or for transfer of ownership with a vehicle identification number that has been destroyed, removed, covered, altered or defaced. B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply: 1. The person's driving privilege is canceled or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction. 2. The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. 3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person. C. Except as provided in subsection D of this section, while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4-244, paragraph 34 or section 28-1382 or 28-1383. D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply: 1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. 2. Another person is with the driver at the time of the arrest. 3. The peace officer has reasonable grounds to believe that the other person who is with the driver at the time of the arrest meets all of the following: (a) Has a valid driver license. (b) Is not impaired by intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances. (c) Does not have any spirituous liquor in the person's body if the person is under twenty-one years of age. 4. The other person who is with the driver at the time of the arrest notifies the peace officer that the person will drive the vehicle from the place of arrest to the driver's home or other place of safety. 5. The other person drives the vehicle as prescribed by paragraph 4 of this subsection. E. Except as provided in subsection H of this section and as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for twenty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment. F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section, the spouse of the owner and each person who has provided the department with indicia of ownership as prescribed in section 28-3514 or other interest in the vehicle that exists immediately before the immobilization or impoundment shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28-3514. G. A law enforcement agency that employs the peace officer who removes and either immobilizes or impounds a vehicle pursuant to this section shall enter information about the removal and either immobilization or impoundment of the vehicle in the Arizona crime information center database within three business days after the removal and either immobilization or impoundment. H. A vehicle that is removed and either immobilized or impounded pursuant to subsection A, paragraph 4 of this section shall be immobilized or impounded for seven days. END_STATUTE Sec. 4. Section 28-3512, Arizona Revised Statutes, is amended to read: START_STATUTE28-3512. Release of vehicle; civil penalties; definitions A. An immobilizing or impounding agency shall release a vehicle before the end of the immobilization or impoundment period as follows: 1. To the registered owner, if the vehicle is a stolen vehicle. 2. To the registered owner, if the vehicle is subject to bailment and is driven by an employee of a business establishment, including a parking service or repair garage, who is subject to section 28-3511, subsection A, B or C. 3. To the registered owner, if the owner was operating the vehicle at the time of removal and either immobilization or impoundment and presents proof satisfactory to the immobilizing or impounding agency that the owner's driving privilege has been reinstated. 4. To the registered owner, if all of the following apply: (a) The owner or the owner's agent was not the person driving the vehicle pursuant to section 28-3511, subsection A. (b) The owner or the owner's agent is in the business of renting motor vehicles without drivers. (c) The vehicle is registered pursuant to section 28-2166. (d) There was a rental agreement in effect at the time of the immobilization or impoundment. 5. Except as provided in paragraph 7 of this subsection, to the spouse of the registered owner or any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the spouse or person was not the driver of the vehicle at the time of removal and either immobilization or impoundment and the spouse or person enters into an agreement with the immobilizing or impounding agency that stipulates that if the spouse or person allows a driver who does not have a valid driving privilege or a driver who commits a violation that causes the spouse's or person's vehicle to be removed and either immobilized or impounded pursuant to this article within one year after any agreement is signed by an immobilizing or impounding agency, the spouse or person will not be eligible to obtain release of the spouse's or person's vehicle before the end of the immobilization or impoundment period. 6. To the motor vehicle dealer, if the vehicle is owned by a motor vehicle dealer who has paid fees pursuant to section 28-4302 and is driven by a customer, potential customer or employee of the motor vehicle dealer and the motor vehicle dealer has provided to the immobilizing or impounding agency indicia of the motor vehicle dealer's ownership of the vehicle, including a certificate of title or a manufacturer-issued certificate or statement of origin. 7. To any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the vehicle is a commercial motor vehicle, a street sweeper or heavy equipment as defined in section 28-854 and the person was not the driver of the vehicle at the time of removal and either immobilization or impoundment. B. A vehicle shall not be released pursuant to subsection A of this section except pursuant to an immobilization or a poststorage hearing under section 28-3514 or if all of the following are presented to the immobilizing or impounding agency: 1. The owner's or owner's spouse's currently valid driver license issued by this state or the owner's or owner's spouse's state of domicile. 2. Proof of current vehicle registration or a valid salvage or dismantle certificate of title. 3. Proof that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. 4. If the person is required by the department to install a certified ignition interlock device or a speed inhibiting device on the vehicle, proof of installation of a functioning certified ignition interlock device or a speed inhibiting device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device or a speed inhibiting device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device. C. The owner or the owner's spouse if the vehicle is released to the owner's spouse is responsible for paying all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28-3513, unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges. D. Before the end of the immobilization or impoundment period, the immobilizing or impounding agency shall release a vehicle to a person, other than the owner, identified on the department's record as having an interest in the vehicle immediately before the immobilization or impoundment if all of the following conditions are met: 1. The person is either of the following: (a) In the business of renting motor vehicles without drivers and the vehicle is registered pursuant to section 28-2166. (b) A motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this state or is another person who is not the owner and who holds a security interest in the vehicle immediately before the immobilization or impoundment. 2. The person pays all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28-3513 unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges. 3. The person presents foreclosure documents or an affidavit of repossession of the vehicle. 4. The person requesting release of the vehicle was not the person driving the vehicle at the time of removal and immobilization or impoundment. E. Before a person described in subsection D of this section releases the vehicle to the owner who was operating the vehicle at the time of removal and immobilization or impoundment, the person described in subsection D of this section shall require the owner to present and shall retain for a period of at least three years from the date of releasing the vehicle a copy of all of the following: 1. A driver license issued by this state or the owner's or owner's agent's state of domicile. 2. A current vehicle registration or a valid salvage or dismantle certificate of title. 3. Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. F. The person described in subsection D of this section may require the owner to pay charges that the person incurred in connection with obtaining custody of the vehicle, including all immobilization, towing and storage charges that are related to the immobilization or impoundment of the vehicle and any administrative charges that are established pursuant to section 28-3513. G. A vehicle shall not be released after the end of the immobilization or impoundment period unless the owner or owner's agent presents all of the following to the impounding or immobilizing agency: 1. A valid driver license issued by this state or by the owner's or owner's agent's state of domicile. 2. A current vehicle registration or a valid salvage or dismantle certificate of title. 3. Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. 4. If the person is required by the department to install a certified ignition interlock device or a speed inhibiting device on the vehicle, proof of installation of a functioning certified ignition interlock device or a speed inhibiting device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device or a speed inhibiting device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device or a speed inhibiting device. H. The storage charges relating to the impoundment of a vehicle pursuant to this section shall be subject to a contractual agreement between the impounding agency and a towing firm for storage services pursuant to section 41-1830.51 and shall be $25 for each day of storage, including any time the vehicle remains in storage after the end of the impoundment period. I. The immobilizing or impounding agency shall have no lien or possessory interest in a stolen vehicle if the theft was reported to the appropriate law enforcement agency. The immobilizing or impounding agency shall release the vehicle to the owner or person other than the owner as identified in subsection D of this section even if the operator at the time of immobilization or impoundment has not paid all immobilization, towing, storage and administrative charges. J. A person who enters into an agreement pursuant to subsection A, paragraph 5 of this section and who allows another person to operate the vehicle in violation of the agreement is responsible for a civil traffic violation and shall pay a civil penalty of at least $250. K. A person described in subsection D, paragraph 1 of this section who violates subsection E of this section is responsible for a civil traffic violation and shall pay a civil penalty of at least $250. L. For the purposes of this section: , 1. "Certified ignition interlock device" has the same meaning prescribed in section 28-1301. 2. "sPEED Inhibiting device" has the same meaning prescribed in section 28-711.END_STATUTE Sec. 5. Section 28-4848, Arizona Revised Statutes, is amended to read: START_STATUTE28-4848. Access to vehicle; ignition interlock service provider; lienholder; fee prohibited; violation; classification A. A towing company, storage yard, facility or person that has physical possession of a vehicle that was removed pursuant to section 9-499.05, 11-251.04 or 28-872, that was impounded pursuant to chapter 8, article 9 of this title or that was abandoned shall provide access during normal business hours to a person who presents evidence that the person either: 1. Is certified by the department as an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider and requires access to the vehicle for the purpose of removing the device from the vehicle. 2. Is listed as a lienholder on the departments records for the vehicle and requires access to the vehicle for the purpose of assessing the condition of the vehicle. B. After complying with subsection C of this section, an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider or a lienholder who is denied access to a vehicle by a towing company, storage yard, facility or person that has physical possession of the vehicle may report the denial to the impounding agency or a law enforcement agency that has jurisdiction in the city or county in which the vehicle is being stored and may submit a written request for assistance as prescribed by the impounding agency or law enforcement agency to obtain access to the vehicle for the purposes prescribed in this section. The impounding agency or the law enforcement agency shall provide assistance to the lienholder in obtaining access to the vehicle within five business days after the date the written request is received by the impounding agency or law enforcement agency. C. A towing company, storage yard, facility or person that has physical possession of a vehicle as prescribed in subsection A of this section shall provide access during normal business hours to an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider or lienholder who submits a request for access to a vehicle. The request for access shall be in writing, shall contain the name, address and telephone number of the person making the request for access to the vehicle and either: 1. For a lienholder, shall include a copy of a signed contract, loan agreement or credit agreement indicating the vehicle owners name, the vehicle identification number, the vehicle make and model or other identifying indicia or a certified record issued by the department listing the person as a lienholder. 2. For an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider, shall include a copy of a signed contract identifying the make and model or serial number of the ignition interlock device or the speed inhibiting device, the make and model of the vehicle or the vehicle identification number of the vehicle in which the device is installed. D. If the vehicle owner does not inspect the vehicle before removal of the ignition interlock device or the speed inhibiting device by the manufacturer or ignition interlock service provider, or has inspected the vehicle and has had the opportunity to remove personal property in the vehicle, a rebuttable presumption is created that damage to the vehicle and any loss of personal property in the vehicle occurred while the vehicle was not in the custody of the towing company, storage yard, facility or person that has physical possession of the vehicle. The presumption may be overcome by a preponderance of evidence to the contrary. E. This section does not create a cause of action or a right to bring an action against a towing company, storage yard, facility or person that has physical possession of the vehicle for allowing access to a vehicle to a person other than the owner if the written request as prescribed in this section is provided to the towing company, storage yard, facility or person that has physical possession of the vehicle. F. A towing company, storage yard, facility or person that has physical possession of a vehicle shall not charge a fee or require or request any compensation for providing access to a vehicle pursuant to this section. G. A person who violates this section is guilty of a class 2 misdemeanor. END_STATUTE |
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| 76 | 87 | | |
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| 77 | 88 | | A. If the license of a person or the driving privilege of a nonresident is suspended or revoked for a violation described in paragraphs 1, 2, 3 or 4 of this subsection in lieu of the suspension or revocation the court may order that the department may install a speed inhibiting device on any motor vehicle the person operates in addition to any other penalty prescribed by law. on RECEIPT of AN order from the court, the department may require A speed inhibiting device to be installed on any motor vehicle A person operates for a period of at least: |
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| 78 | 89 | | |
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| 79 | 90 | | 1. ninety days if the person is convicted of a first violation of section 28-708. |
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| 80 | 91 | | |
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| 81 | 92 | | 2. one hundred eighty days if the person is cited for either: |
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| 82 | 93 | | |
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| 83 | 94 | | (a) driving one hundred miles per hour or more and the citation is the person's first offense pursuant to Section 28-701 or a violation of section 28-701.02. |
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| 84 | 95 | | |
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| 85 | 96 | | (b) a second offense pursuant to section 28-701 or a violation of section 28-701.02 within a TWELVE-month period. The person shall pay any civil penalty fines or surcharges imposed and may be required to attend and successfully complete traffic survival school educational sessions. |
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| 86 | 97 | | |
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| 87 | 98 | | 3. One year if the person either: |
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| 88 | 99 | | |
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| 89 | 100 | | (a) Has assessed points against the person's driving record that would require the one-year suspension of driving PRIVILEGES for accumulating excessive points pursuant to rules adopted by the department. |
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| 90 | 101 | | |
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| 91 | 102 | | (b) is convicted of a second violation of section 28-708 within a twenty-four month period. |
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| 92 | 103 | | |
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| 93 | 104 | | 4. Notwithstanding section 28-3304, the duration of any suspension or revocation period that could have been imposed by the department on the person pursuant to: |
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| 94 | 105 | | |
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| 95 | 106 | | (a) Section 28-3304 if the felony conviction of the offense included speeding. |
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| 96 | 107 | | |
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| 97 | 108 | | (b) Section 28-701 if the person is a minor and the offense is the minor's first excessive speeding offense. |
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| 98 | 109 | | |
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| 99 | 110 | | 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. |
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| 100 | 111 | | |
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| 101 | 112 | | c. The manufacturer of a speed inhibiting device shall electronically provide to the department proof of compliance 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: |
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| 102 | 113 | | |
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| 103 | 114 | | 1. the installation of a functioning speed inhibiting device in each motor vehicle OPERATED by the person. |
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| 104 | 115 | | |
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| 105 | 116 | | 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. |
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| 106 | 117 | | |
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| 107 | 118 | | 3. Calibration of the speed inhibiting device at least once every ninety days during the period the person is ordered to use a speed INHIBITING DEVICE. |
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| 108 | 119 | | |
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| 109 | 120 | | 4. Any TAMPERING or CIRCUMVENTION of the speed inhibiting device. |
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| 110 | 121 | | |
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| 111 | 122 | | 5. The removal of the speed inhibiting device from any motor vehicle. |
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| 112 | 123 | | |
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| 113 | 124 | | 6. A copy of the notification provided to the person that the person has completed the term requiring the installation of the speed inhibiting technology. |
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| 114 | 125 | | |
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| 115 | 126 | | 7. Any other communications determined necessary by the department. |
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| 116 | 127 | | |
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| 117 | 128 | | d. The department may not reinstate the person's driving PRIVILEGE until the person has installed a functioning speed inhibiting device in each motor vehicle that is operated by the person and the manufacturer of the speed inhibiting device has provided proof of installation to the department. |
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| 118 | 129 | | |
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| 119 | 130 | | e. If the manufacturer 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 driving PRIVILEGES until proof of COMPLIANCE is submitted to the department. If a person does not request a hearing pursuant to subsection g of this section, the department shall immediately suspend the person's driving privileges. |
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| 120 | 131 | | |
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| 121 | 132 | | f. 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, the person is guilty of a class one MISDEMEANOR. If a person does not request a hearing pursuant to subsection g of this section, the department shall immediately suspend the person's driving privileges. The duration of the revocation of driving PRIVILEGES shall be the length of the original sentence. |
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| 122 | 133 | | |
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| 123 | 134 | | g. A person whose DRIVER license is suspended PURSUANT to subsection E or F of this section may submit a written request for a hearing within fifteen days after receipt of an order of SUSPENSION or revocation. On RECEIPT of the written request for a hearing, the hearing shall be held within thirty days. A Hearing requested pursuant to this subsection shall be conducted in the same manner and under the same conditions as provided in section 28-3306. |
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| 124 | 135 | | |
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| 125 | 136 | | 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: |
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| 126 | 137 | | |
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| 127 | 138 | | 1. Adopt rules PRESCRIBING the requirements for certification and decertification of a speed inhibiting device. The rules shall include: |
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| 128 | 139 | | |
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| 129 | 140 | | (a) The procedure for certifying speed inhibiting devices. |
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| 130 | 141 | | |
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| 131 | 142 | | (b) Provisions to ensure the reliability of the speed inhibiting device over the RANGE of motor vehicle ENVIRONMENTS. |
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| 132 | 143 | | |
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| 133 | 144 | | (c) Provisions to ensure the speed inhibiting device works accurately in an unsupervised ENVIRONMENT. |
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| 134 | 145 | | |
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| 135 | 146 | | (d) The procedure for decertifying of a speed INHIBITING DEVICE for cause. |
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| 136 | 147 | | |
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| 137 | 148 | | 2. Certify speed inhibiting devices. Any speed inhibiting device may not be certified until: |
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| 138 | 149 | | |
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| 139 | 150 | | (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. |
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| 140 | 151 | | |
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| 141 | 152 | | (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. |
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| 142 | 153 | | |
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| 143 | 154 | | (c) The speed inhibiting device is repaired or modified only by the manufacturer of the speed inhibiting device. |
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| 144 | 155 | | |
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| 145 | 156 | | (d) All of the speed inhibiting device reporting required by this section originates from the speed inhibiting device manufacturer. |
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| 146 | 157 | | |
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| 147 | 158 | | 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. |
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| 148 | 159 | | |
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| 149 | 160 | | 4. Make the list available to the courts and probation departments without charge. |
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| 150 | 161 | | |
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| 151 | 162 | | 5. Establish standards and qualifications for technicians. |
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| 152 | 163 | | |
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| 153 | 164 | | 6. Adopt a warning label design to be affixed to each certified speed inhibiting device on INSTALLATION. The label shall contain a warning that a person TAMPERING with, CIRCUMVENTING or otherwise misusing the speed inhibiting device is guilty of a class 1 misdemeanor. |
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| 154 | 165 | | |
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| 155 | 166 | | 7. Adopt rules that allow the director to impose a civil penalty against a manufacturer of a certified speed inhibiting device that fails to properly report data to the director in the manner prescribed by the director. |
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| 156 | 167 | | |
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| 157 | 168 | | 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 certified speed inhibiting device. |
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| 158 | 169 | | |
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| 159 | 170 | | 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. |
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| 160 | 171 | | |
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| 161 | 172 | | K. For the purposes of this section: |
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| 162 | 173 | | |
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| 163 | 174 | | 1. "Speed inhibiting device" means an integrated motor vehicle system that determines the speed limit of the roadway the motor vehicle is on and that prevents the speed of the motor vehicle from exceeding the POSTED speed limit. |
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| 164 | 175 | | |
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| 166 | 177 | | |
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| 167 | 178 | | Sec. 2. Section 28-3318, Arizona Revised Statutes, is amended to read: |
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| 168 | 179 | | |
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| 169 | 180 | | START_STATUTE28-3318. Service of notice; definitions |
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| 170 | 181 | | |
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| 171 | 182 | | A. The department shall provide written, electronic or digital notice to a person possessing a driver license, to an unlicensed driver or to a nonresident driver of the following: |
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| 172 | 183 | | |
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| 173 | 184 | | 1. A suspension, revocation, cancellation, disqualification or speed INHIBITING device limiting or certified ignition interlock device limitation of the license or privilege to operate a motor vehicle. |
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| 174 | 185 | | |
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| 175 | 186 | | 2. Required attendance at training and education sessions. |
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| 176 | 187 | | |
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| 177 | 188 | | B. The department may include additional information in the written, electronic or digital notice developed in consultation with the director of the department of public safety as prescribed in section 28-1462 regarding certified ignition interlock devices. |
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| 178 | 189 | | |
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| 179 | 190 | | C. The department shall send the notice by mail or electronically or digitally to the address provided to the department on the licensee's application or provided to the department pursuant to section 28-448. If an address has not been provided to the department as provided in this subsection, the department shall send the notice to any address known to the department, including the address listed on a traffic citation received by the department. |
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| 180 | 191 | | |
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| 181 | 192 | | D. Service of the notice provided by this section is complete on mailing. The department shall provide further service of notice only if the department is notified of a change of address pursuant to section 28-448. |
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| 182 | 193 | | |
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| 183 | 194 | | E. Compliance with the mailing provisions of this section constitutes notice of the suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation for purposes of prosecution under section 28-1383, 28-1464 or 28-3473. The state is not required to prove actual receipt of the notice or actual knowledge of the suspension, revocation, cancellation, disqualification or certified ignition interlock device limitation. |
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| 184 | 195 | | |
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| 185 | 196 | | F. Compliance with the mailing provisions of this section constitutes notice of suspension or restriction for the purposes of suspension or restriction under section 28-3320. The state is not required to prove actual receipt of the notice or actual knowledge of the suspension or restriction. |
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| 186 | 197 | | |
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| 187 | 198 | | G. For the purposes of this section: |
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| 188 | 199 | | |
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| 189 | 200 | | 1. "Certified ignition interlock device" has the same meaning prescribed in section 28-1301. |
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| 190 | 201 | | |
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| 191 | 202 | | 2. "Mail" or "mailing" means delivery by first class or certified mail or through a department electronic or digital system. |
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| 192 | 203 | | |
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| 193 | 204 | | 3. "speed inhibiting device" has the same meaning prescribed in section 28-711. END_STATUTE |
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| 194 | 205 | | |
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| 195 | 206 | | Sec. 3. Section 28-3511, Arizona Revised Statutes, is amended to read: |
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| 196 | 207 | | |
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| 197 | 208 | | START_STATUTE28-3511. Removal and immobilization or impoundment of vehicle; Arizona crime information center database |
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| 198 | 209 | | |
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| 199 | 210 | | A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that: |
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| 200 | 211 | | |
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| 201 | 212 | | 1. A person is driving the vehicle while any of the following applies: |
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| 202 | 213 | | |
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| 203 | 214 | | (a) Except as otherwise provided in this subdivision, the person's driving privilege is revoked for any reason. A peace officer shall not cause the removal and either immobilization or impoundment of a vehicle pursuant to this subdivision if the person's privilege to drive is valid in this state. |
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| 204 | 215 | | |
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| 205 | 216 | | (b) The person has not ever never been issued a valid driver license or permit by this state and the person does not produce evidence of ever having a valid driver license or permit issued by another jurisdiction. This subdivision does not apply to the operation of an implement of husbandry. |
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| 206 | 217 | | |
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| 207 | 218 | | (c) The person is subject to an ignition interlock device requirement pursuant to chapter 4 of this title or a speed inhibiting device pursuant to section 28-711 and the person is operating a vehicle without a functioning certified ignition interlock device or a speed inhibiting device. This subdivision does not apply to the operation of a vehicle due to a substantial emergency as defined in section 28-1464. |
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| 208 | 219 | | |
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| 209 | 220 | | (d) In furtherance of the illegal presence of an alien in the United States and in violation of a criminal offense, the person is transporting or moving or attempting to transport or move an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law. |
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| 210 | 221 | | |
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| 211 | 222 | | (e) The person is concealing, harboring or shielding or attempting to conceal, harbor or shield from detection an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, entered or remains in the United States in violation of law. |
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| 212 | 223 | | |
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| 213 | 224 | | 2. A person is driving a the vehicle in violation of section 28-693 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death. |
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| 214 | 225 | | |
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| 215 | 226 | | 3. A person is driving a the vehicle in violation of section 28-708 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death. |
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| 216 | 227 | | |
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| 217 | 228 | | 4. A person is obstructing a highway or other public thoroughfare in violation of section 13-2906 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death. |
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| 218 | 229 | | |
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| 219 | 230 | | 5. The vehicle is displayed for sale or for transfer of ownership with a vehicle identification number that has been destroyed, removed, covered, altered or defaced. |
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| 220 | 231 | | |
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| 221 | 232 | | B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply: |
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| 222 | 233 | | |
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| 223 | 234 | | 1. The person's driving privilege is canceled or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction. |
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| 224 | 235 | | |
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| 225 | 236 | | 2. The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. |
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| 226 | 237 | | |
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| 227 | 238 | | 3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person. |
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| 228 | 239 | | |
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| 229 | 240 | | C. Except as provided in subsection D of this section, while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4-244, paragraph 34 or section 28-1382 or 28-1383. |
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| 230 | 241 | | |
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| 231 | 242 | | D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply: |
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| 232 | 243 | | |
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| 233 | 244 | | 1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. |
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| 234 | 245 | | |
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| 235 | 246 | | 2. Another person is with the driver at the time of the arrest. |
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| 236 | 247 | | |
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| 237 | 248 | | 3. The peace officer has reasonable grounds to believe that the other person who is with the driver at the time of the arrest meets all of the following: |
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| 238 | 249 | | |
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| 239 | 250 | | (a) Has a valid driver license. |
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| 240 | 251 | | |
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| 241 | 252 | | (b) Is not impaired by intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances. |
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| 242 | 253 | | |
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| 243 | 254 | | (c) Does not have any spirituous liquor in the person's body if the person is under twenty-one years of age. |
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| 244 | 255 | | |
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| 245 | 256 | | 4. The other person who is with the driver at the time of the arrest notifies the peace officer that the person will drive the vehicle from the place of arrest to the driver's home or other place of safety. |
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| 246 | 257 | | |
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| 247 | 258 | | 5. The other person drives the vehicle as prescribed by paragraph 4 of this subsection. |
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| 248 | 259 | | |
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| 249 | 260 | | E. Except as provided in subsection H of this section and as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for twenty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment. |
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| 250 | 261 | | |
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| 251 | 262 | | F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section, the spouse of the owner and each person who has provided the department with indicia of ownership as prescribed in section 28-3514 or other interest in the vehicle that exists immediately before the immobilization or impoundment shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28-3514. |
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| 252 | 263 | | |
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| 253 | 264 | | G. A law enforcement agency that employs the peace officer who removes and either immobilizes or impounds a vehicle pursuant to this section shall enter information about the removal and either immobilization or impoundment of the vehicle in the Arizona crime information center database within three business days after the removal and either immobilization or impoundment. |
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| 254 | 265 | | |
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| 255 | 266 | | H. A vehicle that is removed and either immobilized or impounded pursuant to subsection A, paragraph 4 of this section shall be immobilized or impounded for seven days. END_STATUTE |
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| 256 | 267 | | |
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| 257 | 268 | | Sec. 4. Section 28-3512, Arizona Revised Statutes, is amended to read: |
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| 258 | 269 | | |
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| 259 | 270 | | START_STATUTE28-3512. Release of vehicle; civil penalties; definitions |
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| 260 | 271 | | |
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| 261 | 272 | | A. An immobilizing or impounding agency shall release a vehicle before the end of the immobilization or impoundment period as follows: |
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| 262 | 273 | | |
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| 263 | 274 | | 1. To the registered owner, if the vehicle is a stolen vehicle. |
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| 264 | 275 | | |
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| 265 | 276 | | 2. To the registered owner, if the vehicle is subject to bailment and is driven by an employee of a business establishment, including a parking service or repair garage, who is subject to section 28-3511, subsection A, B or C. |
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| 266 | 277 | | |
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| 267 | 278 | | 3. To the registered owner, if the owner was operating the vehicle at the time of removal and either immobilization or impoundment and presents proof satisfactory to the immobilizing or impounding agency that the owner's driving privilege has been reinstated. |
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| 268 | 279 | | |
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| 269 | 280 | | 4. To the registered owner, if all of the following apply: |
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| 270 | 281 | | |
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| 271 | 282 | | (a) The owner or the owner's agent was not the person driving the vehicle pursuant to section 28-3511, subsection A. |
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| 272 | 283 | | |
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| 273 | 284 | | (b) The owner or the owner's agent is in the business of renting motor vehicles without drivers. |
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| 274 | 285 | | |
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| 275 | 286 | | (c) The vehicle is registered pursuant to section 28-2166. |
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| 276 | 287 | | |
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| 277 | 288 | | (d) There was a rental agreement in effect at the time of the immobilization or impoundment. |
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| 278 | 289 | | |
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| 279 | 290 | | 5. Except as provided in paragraph 7 of this subsection, to the spouse of the registered owner or any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the spouse or person was not the driver of the vehicle at the time of removal and either immobilization or impoundment and the spouse or person enters into an agreement with the immobilizing or impounding agency that stipulates that if the spouse or person allows a driver who does not have a valid driving privilege or a driver who commits a violation that causes the spouse's or person's vehicle to be removed and either immobilized or impounded pursuant to this article within one year after any agreement is signed by an immobilizing or impounding agency, the spouse or person will not be eligible to obtain release of the spouse's or person's vehicle before the end of the immobilization or impoundment period. |
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| 280 | 291 | | |
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| 281 | 292 | | 6. To the motor vehicle dealer, if the vehicle is owned by a motor vehicle dealer who has paid fees pursuant to section 28-4302 and is driven by a customer, potential customer or employee of the motor vehicle dealer and the motor vehicle dealer has provided to the immobilizing or impounding agency indicia of the motor vehicle dealer's ownership of the vehicle, including a certificate of title or a manufacturer-issued certificate or statement of origin. |
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| 282 | 293 | | |
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| 283 | 294 | | 7. To any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the vehicle is a commercial motor vehicle, a street sweeper or heavy equipment as defined in section 28-854 and the person was not the driver of the vehicle at the time of removal and either immobilization or impoundment. |
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| 284 | 295 | | |
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| 285 | 296 | | B. A vehicle shall not be released pursuant to subsection A of this section except pursuant to an immobilization or a poststorage hearing under section 28-3514 or if all of the following are presented to the immobilizing or impounding agency: |
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| 286 | 297 | | |
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| 287 | 298 | | 1. The owner's or owner's spouse's currently valid driver license issued by this state or the owner's or owner's spouse's state of domicile. |
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| 288 | 299 | | |
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| 289 | 300 | | 2. Proof of current vehicle registration or a valid salvage or dismantle certificate of title. |
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| 290 | 301 | | |
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| 291 | 302 | | 3. Proof that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. |
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| 292 | 303 | | |
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| 293 | 304 | | 4. If the person is required by the department to install a certified ignition interlock device or a speed inhibiting device on the vehicle, proof of installation of a functioning certified ignition interlock device or a speed inhibiting device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device or a speed inhibiting device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device. |
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| 294 | 305 | | |
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| 295 | 306 | | C. The owner or the owner's spouse if the vehicle is released to the owner's spouse is responsible for paying all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28-3513, unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges. |
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| 296 | 307 | | |
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| 297 | 308 | | D. Before the end of the immobilization or impoundment period, the immobilizing or impounding agency shall release a vehicle to a person, other than the owner, identified on the department's record as having an interest in the vehicle immediately before the immobilization or impoundment if all of the following conditions are met: |
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| 298 | 309 | | |
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| 299 | 310 | | 1. The person is either of the following: |
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| 300 | 311 | | |
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| 301 | 312 | | (a) In the business of renting motor vehicles without drivers and the vehicle is registered pursuant to section 28-2166. |
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| 302 | 313 | | |
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| 303 | 314 | | (b) A motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this state or is another person who is not the owner and who holds a security interest in the vehicle immediately before the immobilization or impoundment. |
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| 304 | 315 | | |
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| 305 | 316 | | 2. The person pays all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28-3513 unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges. |
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| 306 | 317 | | |
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| 307 | 318 | | 3. The person presents foreclosure documents or an affidavit of repossession of the vehicle. |
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| 308 | 319 | | |
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| 309 | 320 | | 4. The person requesting release of the vehicle was not the person driving the vehicle at the time of removal and immobilization or impoundment. |
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| 310 | 321 | | |
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| 311 | 322 | | E. Before a person described in subsection D of this section releases the vehicle to the owner who was operating the vehicle at the time of removal and immobilization or impoundment, the person described in subsection D of this section shall require the owner to present and shall retain for a period of at least three years from the date of releasing the vehicle a copy of all of the following: |
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| 312 | 323 | | |
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| 313 | 324 | | 1. A driver license issued by this state or the owner's or owner's agent's state of domicile. |
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| 314 | 325 | | |
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| 315 | 326 | | 2. A current vehicle registration or a valid salvage or dismantle certificate of title. |
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| 316 | 327 | | |
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| 317 | 328 | | 3. Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. |
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| 318 | 329 | | |
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| 319 | 330 | | F. The person described in subsection D of this section may require the owner to pay charges that the person incurred in connection with obtaining custody of the vehicle, including all immobilization, towing and storage charges that are related to the immobilization or impoundment of the vehicle and any administrative charges that are established pursuant to section 28-3513. |
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| 320 | 331 | | |
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| 321 | 332 | | G. A vehicle shall not be released after the end of the immobilization or impoundment period unless the owner or owner's agent presents all of the following to the impounding or immobilizing agency: |
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| 322 | 333 | | |
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| 323 | 334 | | 1. A valid driver license issued by this state or by the owner's or owner's agent's state of domicile. |
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| 324 | 335 | | |
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| 325 | 336 | | 2. A current vehicle registration or a valid salvage or dismantle certificate of title. |
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| 326 | 337 | | |
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| 327 | 338 | | 3. Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. |
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| 328 | 339 | | |
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| 329 | 340 | | 4. If the person is required by the department to install a certified ignition interlock device or a speed inhibiting device on the vehicle, proof of installation of a functioning certified ignition interlock device or a speed inhibiting device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device or a speed inhibiting device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device or a speed inhibiting device. |
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| 330 | 341 | | |
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| 331 | 342 | | H. The storage charges relating to the impoundment of a vehicle pursuant to this section shall be subject to a contractual agreement between the impounding agency and a towing firm for storage services pursuant to section 41-1830.51 and shall be $25 for each day of storage, including any time the vehicle remains in storage after the end of the impoundment period. |
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| 332 | 343 | | |
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| 333 | 344 | | I. The immobilizing or impounding agency shall have no lien or possessory interest in a stolen vehicle if the theft was reported to the appropriate law enforcement agency. The immobilizing or impounding agency shall release the vehicle to the owner or person other than the owner as identified in subsection D of this section even if the operator at the time of immobilization or impoundment has not paid all immobilization, towing, storage and administrative charges. |
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| 334 | 345 | | |
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| 335 | 346 | | J. A person who enters into an agreement pursuant to subsection A, paragraph 5 of this section and who allows another person to operate the vehicle in violation of the agreement is responsible for a civil traffic violation and shall pay a civil penalty of at least $250. |
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| 336 | 347 | | |
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| 337 | 348 | | K. A person described in subsection D, paragraph 1 of this section who violates subsection E of this section is responsible for a civil traffic violation and shall pay a civil penalty of at least $250. |
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| 338 | 349 | | |
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| 339 | 350 | | L. For the purposes of this section: , |
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| 340 | 351 | | |
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| 341 | 352 | | 1. "Certified ignition interlock device" has the same meaning prescribed in section 28-1301. |
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| 342 | 353 | | |
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| 343 | 354 | | 2. "sPEED Inhibiting device" has the same meaning prescribed in section 28-711.END_STATUTE |
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| 344 | 355 | | |
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| 345 | 356 | | Sec. 5. Section 28-4848, Arizona Revised Statutes, is amended to read: |
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| 346 | 357 | | |
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| 347 | 358 | | START_STATUTE28-4848. Access to vehicle; ignition interlock service provider; lienholder; fee prohibited; violation; classification |
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| 348 | 359 | | |
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| 349 | 360 | | A. A towing company, storage yard, facility or person that has physical possession of a vehicle that was removed pursuant to section 9-499.05, 11-251.04 or 28-872, that was impounded pursuant to chapter 8, article 9 of this title or that was abandoned shall provide access during normal business hours to a person who presents evidence that the person either: |
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| 350 | 361 | | |
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| 351 | 362 | | 1. Is certified by the department as an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider and requires access to the vehicle for the purpose of removing the device from the vehicle. |
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| 352 | 363 | | |
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| 353 | 364 | | 2. Is listed as a lienholder on the departments records for the vehicle and requires access to the vehicle for the purpose of assessing the condition of the vehicle. |
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| 354 | 365 | | |
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| 355 | 366 | | B. After complying with subsection C of this section, an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider or a lienholder who is denied access to a vehicle by a towing company, storage yard, facility or person that has physical possession of the vehicle may report the denial to the impounding agency or a law enforcement agency that has jurisdiction in the city or county in which the vehicle is being stored and may submit a written request for assistance as prescribed by the impounding agency or law enforcement agency to obtain access to the vehicle for the purposes prescribed in this section. The impounding agency or the law enforcement agency shall provide assistance to the lienholder in obtaining access to the vehicle within five business days after the date the written request is received by the impounding agency or law enforcement agency. |
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| 356 | 367 | | |
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| 357 | 368 | | C. A towing company, storage yard, facility or person that has physical possession of a vehicle as prescribed in subsection A of this section shall provide access during normal business hours to an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider or lienholder who submits a request for access to a vehicle. The request for access shall be in writing, shall contain the name, address and telephone number of the person making the request for access to the vehicle and either: |
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| 358 | 369 | | |
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| 359 | 370 | | 1. For a lienholder, shall include a copy of a signed contract, loan agreement or credit agreement indicating the vehicle owners name, the vehicle identification number, the vehicle make and model or other identifying indicia or a certified record issued by the department listing the person as a lienholder. |
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| 360 | 371 | | |
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| 361 | 372 | | 2. For an ignition interlock device or a speed inhibiting device manufacturer or ignition interlock service provider, shall include a copy of a signed contract identifying the make and model or serial number of the ignition interlock device or the speed inhibiting device, the make and model of the vehicle or the vehicle identification number of the vehicle in which the device is installed. |
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| 362 | 373 | | |
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| 363 | 374 | | D. If the vehicle owner does not inspect the vehicle before removal of the ignition interlock device or the speed inhibiting device by the manufacturer or ignition interlock service provider, or has inspected the vehicle and has had the opportunity to remove personal property in the vehicle, a rebuttable presumption is created that damage to the vehicle and any loss of personal property in the vehicle occurred while the vehicle was not in the custody of the towing company, storage yard, facility or person that has physical possession of the vehicle. The presumption may be overcome by a preponderance of evidence to the contrary. |
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| 364 | 375 | | |
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| 365 | 376 | | E. This section does not create a cause of action or a right to bring an action against a towing company, storage yard, facility or person that has physical possession of the vehicle for allowing access to a vehicle to a person other than the owner if the written request as prescribed in this section is provided to the towing company, storage yard, facility or person that has physical possession of the vehicle. |
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| 366 | 377 | | |
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| 367 | 378 | | F. A towing company, storage yard, facility or person that has physical possession of a vehicle shall not charge a fee or require or request any compensation for providing access to a vehicle pursuant to this section. |
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| 368 | 379 | | |
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| 369 | 380 | | G. A person who violates this section is guilty of a class 2 misdemeanor. END_STATUTE |
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