Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3174, Arizona Revised
Statutes, as amended by Laws 2007, chapter 206, section 4, is amended to read:
28-3174. Class G driver licenses; restrictions;
civil penalties; motorcycles; definitions
A. A person who is under eighteen years of age may
apply to the department for a class G driver license if all of the following
apply:
1. The person is at least sixteen years of age.
2. The person has a valid instruction permit issued
pursuant to this article and the person has held the instruction permit for at
least six months, except that this requirement does not apply to a person who
has a currently valid driver license issued by another jurisdiction.
3. Either:
(a) The person has satisfactorily completed a driver
education program that is approved by the department of
transportation. If the driver education program is offered by a
public high school, the program shall be approved by the department of
transportation in consultation with the department of education.
(b) A custodial parent or guardian of the person
certifies in writing to the department that the applicant has completed at
least thirty hours of supervised driving practice and that at least ten of the
required practice hours were at night.
B. If the applicant successfully passes the
examination prescribed in section 28‑3164 and satisfies the requirements
prescribed in subsection A of this section, the department may issue a class G
driver license to the applicant.
C. Except as provided in subsection D of this
section, a class G driver license entitles the licensee to drive a motor
vehicle that requires a class G license on the public highways.
D. Except as provided in subsection J K
of this section, for the first six months that a class G licensee
holds the license the licensee shall not drive a motor vehicle on a public
highway from 12:00 a.m. to 5:00 a.m. unless either:
1. The licensee is accompanied by a parent or legal
guardian who has a class A, B, C or D license and who occupies a seat beside
the class G licensee.
2. The licensee is driving directly to or from a
sanctioned school sponsored activity, the licensee's place of employment, a
sanctioned religious activity or a family emergency.
E. Except as provided in this subsection and
subsection J K of this section, for the
first six months that a class G licensee holds the license, the licensee shall
not drive a motor vehicle on a public highway at any time if the licensee is
driving a motor vehicle containing more than one passenger under the age of
eighteen. This restriction does not:
1. Prohibit the licensee from driving a motor
vehicle containing passengers under the age of eighteen if the passengers are
the licensee's siblings.
2. Apply if the licensee is accompanied by a parent
or legal guardian who has a class A, B, C or D license and who occupies a seat
beside the class G licensee.
F. Except as
provided in this subsection and subsection K of this section, a class G
licensee shall not operate a motor vehicle on a highway while using a cellular
telephone or a personal digital assistant while the motor vehicle is in
motion. This subsection does not apply to any of the following:
1. A person who is reporting criminal, reckless
or negligent behavior.
2. A person
who believes the person is in physical danger if the person is the only person
in the motor vehicle.
3. The use
of a cellular telephone or a personal digital assistant for the sole purpose of
communicating with any of the following regarding an emergency situation:
(a) An emergency response operator.
(b) A hospital, physician's office
or health clinic.
(c) A provider of ambulance
services.
(d) A provider of fire fighting
services.
(e) A law enforcement agency.
F. G. A
peace officer shall not stop or issue a citation to a person operating a motor
vehicle on a highway in this state for a violation of subsection D, or E or
F of this section unless the peace officer has reasonable cause
to believe there is another alleged violation of a motor vehicle law of this
state.
G. H. If a
licensee is found responsible for violating subsection D, or
E or F of this section, the licensee:
1. For a first violation, is subject to a maximum
civil penalty of seventy-five dollars. The department shall extend the restriction
prescribed by subsection D or E of this section for thirty days, or if the
restriction prescribed by subsection D or E of this section is complete, the thirty day
restriction begins on the department's receipt of the report of the finding of
responsibility. The department shall
extend the restriction prescribed by subsection F of this section for a period
of thirty days beginning on the licensee's eighteenth birthday.
2. For a second violation, is subject to a maximum
civil penalty of one hundred dollars. The department shall extend the
restriction prescribed by subsection D or E of this section for sixty days, or
if the restriction prescribed by subsection D or E of this section is complete, the sixty day
restriction begins on the department's receipt of the report of the finding of
responsibility. If at the time of the second violation the licensee is subject
to an extension of the six month period pursuant to paragraph 1 of this
subsection, the extensions run consecutively. The department shall extend the restriction prescribed by
subsection F of this section for a period of sixty days beginning on the
licensee's eighteenth birthday.
3. For a third or subsequent violation, is subject
to a maximum civil penalty of one hundred dollars. On the department's receipt
of the report of the finding of responsibility, the department shall suspend
the licensee's driving privilege for thirty days. If the licensee also has a
suspension resulting from a moving civil traffic violation or a moving criminal
traffic offense as prescribed by section 28‑3321, the suspensions run
consecutively.
H. I. A
citation issued for violating subsection D of this section shall be dismissed
if the licensee to whom the citation was issued produces any of the following
evidence to the appropriate court officer on or before the date and time
specified on the citation for court appearance and in a manner specified by the
court:
1. A written, notarized letter from the parent or
legal guardian of the licensee that the licensee was going to or returning from
a sanctioned school sponsored activity, the licensee's place of employment, a
sanctioned religious activity or a family emergency.
2. A written, notarized letter from a representative
of the sanctioned school sponsored activity certifying that the licensee was
returning from the school activity.
3. A written, notarized letter from the licensee's
employer certifying that the licensee was returning from the licensee's place
of employment.
4. A written, notarized letter from a representative
of the sanctioned religious activity certifying that the licensee was returning
from the religious activity.
I. J. A
citation issued for violating subsection E of this section shall be dismissed
if the licensee to whom the citation was issued produces a written, notarized
letter from the parent or legal guardian of the licensee to the appropriate
court officer on or before the date and time specified on the citation for
court appearance and in a manner specified by the court that states the
passengers in the vehicle with the licensee at the time of the violation were
the siblings of the licensee.
J. K. The
restrictions imposed by subsection D,
or E or F of this section do not apply beginning
on the licensee's eighteenth birthday. Any penalties or restrictions imposed
pursuant to subsection G
H of this section shall
be fully satisfied even if the licensee is eighteen years of age or older.
K. L. A
person who holds a class G driver license may apply for a class D license on or
after the person's eighteenth birthday, except that:
1. A person
with restrictions extended pursuant to subsection H of this section is not
entitled to receive a class D driver license until after the restriction period
expires.
2. A
person whose class G driver license is suspended pursuant to section 28‑3321
is not entitled to receive a class D driver license until after the suspension
period expires.
L. m. If a
person who is under eighteen years of age and at least sixteen years of age
applies for a class M license or a motorcycle endorsement, the department shall
not issue the class M license or motorcycle endorsement to the person unless
both of the following apply:
1. The applicant has held an instruction permit
issued pursuant to section 28‑3156 for at least six months, except that
this requirement does not apply to a person who has a currently valid
motorcycle driver license or endorsement issued by another jurisdiction.
2. Either:
(a) The person has satisfactorily completed a
motorcycle driver education program that is approved by the department. If the
driver education program is offered by a public high school, the program shall
be approved by the department of transportation in consultation with the
department of education.
(b) A custodial parent or guardian of the person
certifies in writing to the department that the applicant has completed at
least thirty hours of motorcycle driving practice.
N. For the
purposes of this section:
1. "Cellular
telephone" means an analog or digital wireless telephone authorized by the
federal communications commission to operate in the frequency bandwidth
reserved for cellular radiophones.
2. "Personal
digital assistant" means a wireless electronic communication device that
provides for data communication other than by voice. END_STATUTE
