ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
yielding to emergency vehicles; penalties
Purpose
Subjects a person who violates Arizona move over law to a civil penalty. Requires defensive driving schools, traffic survival schools and the Arizona Department of Transportation (ADOT) to provide information relating to Arizona move over law.
Background
If the driver of a vehicle approaches a stationary vehicle that is displaying alternatively flashing lights or warning lights, the driver of the vehicle in motion is required, with due regard to safety and traffic conditions, to yield the right-of-way by making a lane change to a lane not adjacent to that of the stationary vehicle. If making the lane change is impossible or unsafe, the driver must proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions. This is often referred to as Arizona move over law (A.R.S. 28-775).
Defensive driving schools are currently allowed to include educational information relating to move over law in Arizona. ADOT is also allowed to include information related to move over law in any of ADOT's examination, information or education material (A.R.S. 28-775).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Subjects a person who violates move over law in Arizona to a civil penalty of:
a) $275 for a first violation;
b) $500 for a second violation within a period of five years; and
c) $1,000 for a third or subsequent violation within a period of five years.
2. Requires ADOT to educate the public about move over law in Arizona periodically throughout the year and maintain information about move over law on ADOT's website.
3. Requires, rather than allows, defensive driving schools to include educational information relating to move over law in Arizona.
4. Requires, rather than allows, ADOT to include information about move over law in any of ADOT's examination, information and educational material.
5. Requires traffic survival schools and any driver education program approved by ADOT to include educational information related to move over law in Arizona.
6. Makes conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
Specifies that a person is subject to the civil penalty for a second, third or subsequent offense if the offense occurs within a five-year period.
Amendments Adopted by Committee of the Whole
Removes language stating that a person who violates Arizona move over law is liable for any injury or property damage that results from the violation.
House Action Senate Action
MAPS 1/25/21 DPA 14-0-0-0 TAT 3/15/21 DPA 9-0-0
3rd Read 2/4/21 50-9-0-0-1
Prepared by Senate Research
April 5, 2021
ZD/kja