Uninsured Motorist Impound Bill Passed in AZ
#1
Uninsured Motorist Impound Bill Passed in AZ
Where was this 3 weeks ago 30 day impound and $500 fee if there is no license, no insurance, and they're involved in an accident.
http://www.azleg.state.az.us/legtext...0trans.doc.htm
uninsured drivers; penalties; vehicle impoundment
Purpose
Requires a vehicle to be impounded if the driver does not have liability insurance
and a valid driver license and is involved in an accident. Increases the civil
penalties for failure to provide proof of liability insurance.
Background
Arizona requires that every motor vehicle operated on our roadways be covered
by one of the statutory forms of financial responsibility, more commonly called
liability insurance, through a company that is authorized to do business in
Arizona. Minimum levels of financial responsibility are $15,000 bodily injury liability
for one person and $30,000 for two or more persons and $10,000 property
damage liability. State law requires that the insurance company and the owner
submit proof of insurance within 30 days after initial registration. Insurance
companies are also required to routinely notify the Motor Vehicle Division (MVD) of
all policy cancellations, renewals and new issuances. Failure to maintain proper
insurance could lead to the suspension of the vehicle registration and/or driver
license.
According to the National Conference of State Legislatures, four states
use vehicle impoundment as a penalty for failure to show proof of financial
responsibility. Arizona law enforcement is authorized to remove and impound a
vehicle for 30 days if the person is driving on a revoked or suspended license and
that suspension is due to a DUI conviction, a previous conviction for driving on a
suspended license or the accumulation of too many points as a result of
convictions for moving violations. The owner is responsible for paying all towing
and storage charges related to the impoundment of the vehicle and any
administrative charges, unless the vehicle was stolen. Impoundment charges are
capped at $15 per day and administrative charges are capped at $150. The
impounding agency may provide the owner, the spouse of the owner and any
other person identified as having an interest in the vehicle with the opportunity
for a poststorage hearing to determine the validity of the storage or consider any
mitigating circumstances.
There is no known fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires a peace officer to remove and impound a vehicle for 30 days if it is
determined that a person is driving the vehicle and all of the following apply:
a) the person does not have a valid driving privilege.
b) the person is not in compliance with the liability insurance requirements.
c) 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.
2. Requires the release of the vehicle before the end of the 30-day period
under any of the following conditions:
a) the vehicle is a stolen vehicle.
b) the vehicle is a business vehicle only driven by an employee in the capacity
of that business.
c) the owner has proof of driving privilege reinstatement.
d) the spouse of the driver enters into an agreement with the impounding
agency that the spouse will not allow the unlicensed driver to drive the vehicle
for one year.
e) the release is ordered by a justice court pursuant to a poststorage hearing.
3. Allows a peace officer to remove and impound a vehicle for 30 days if it is
determined that the person driving the vehicle has never been issued a driver
license or permit and the person does not produce evidence of a driver license
issued by another jurisdiction.
4. Requires rather than allows the court to impose a civil penalty and direct
MVD to suspend the driver license and registration for three months for the first
and for six months for the second violation within a 36-month period of the liability
insurance requirements.
5. Increases the minimum civil penalty for failure to produce evidence of
liability insurance as follows:
a) to $500 from $250 for the first violation.
b) to $750 from $500 for the second violation within a 36-month period.
c) to $1000 from $750 for three or more violations within a 36-month period.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2005
NS/jas
http://www.azleg.state.az.us/legtext...0trans.doc.htm
uninsured drivers; penalties; vehicle impoundment
Purpose
Requires a vehicle to be impounded if the driver does not have liability insurance
and a valid driver license and is involved in an accident. Increases the civil
penalties for failure to provide proof of liability insurance.
Background
Arizona requires that every motor vehicle operated on our roadways be covered
by one of the statutory forms of financial responsibility, more commonly called
liability insurance, through a company that is authorized to do business in
Arizona. Minimum levels of financial responsibility are $15,000 bodily injury liability
for one person and $30,000 for two or more persons and $10,000 property
damage liability. State law requires that the insurance company and the owner
submit proof of insurance within 30 days after initial registration. Insurance
companies are also required to routinely notify the Motor Vehicle Division (MVD) of
all policy cancellations, renewals and new issuances. Failure to maintain proper
insurance could lead to the suspension of the vehicle registration and/or driver
license.
According to the National Conference of State Legislatures, four states
use vehicle impoundment as a penalty for failure to show proof of financial
responsibility. Arizona law enforcement is authorized to remove and impound a
vehicle for 30 days if the person is driving on a revoked or suspended license and
that suspension is due to a DUI conviction, a previous conviction for driving on a
suspended license or the accumulation of too many points as a result of
convictions for moving violations. The owner is responsible for paying all towing
and storage charges related to the impoundment of the vehicle and any
administrative charges, unless the vehicle was stolen. Impoundment charges are
capped at $15 per day and administrative charges are capped at $150. The
impounding agency may provide the owner, the spouse of the owner and any
other person identified as having an interest in the vehicle with the opportunity
for a poststorage hearing to determine the validity of the storage or consider any
mitigating circumstances.
There is no known fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires a peace officer to remove and impound a vehicle for 30 days if it is
determined that a person is driving the vehicle and all of the following apply:
a) the person does not have a valid driving privilege.
b) the person is not in compliance with the liability insurance requirements.
c) 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.
2. Requires the release of the vehicle before the end of the 30-day period
under any of the following conditions:
a) the vehicle is a stolen vehicle.
b) the vehicle is a business vehicle only driven by an employee in the capacity
of that business.
c) the owner has proof of driving privilege reinstatement.
d) the spouse of the driver enters into an agreement with the impounding
agency that the spouse will not allow the unlicensed driver to drive the vehicle
for one year.
e) the release is ordered by a justice court pursuant to a poststorage hearing.
3. Allows a peace officer to remove and impound a vehicle for 30 days if it is
determined that the person driving the vehicle has never been issued a driver
license or permit and the person does not produce evidence of a driver license
issued by another jurisdiction.
4. Requires rather than allows the court to impose a civil penalty and direct
MVD to suspend the driver license and registration for three months for the first
and for six months for the second violation within a 36-month period of the liability
insurance requirements.
5. Increases the minimum civil penalty for failure to produce evidence of
liability insurance as follows:
a) to $500 from $250 for the first violation.
b) to $750 from $500 for the second violation within a 36-month period.
c) to $1000 from $750 for three or more violations within a 36-month period.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2005
NS/jas
#2
its about time! accident in parking lot last year. driver in front of me decides shes too far out, and puts it in reverse and hits me! parking lot = private property = no police report in AZ. this driver, no drivers license, no insurance, insurance contacts her, she DENYS she hit me! i have to pay deductible out of pocket.
another accident, same year, sittting at stop light, driver behind me slams into me. no valid id or insurance. year prior, driving north on rural, driver in opposite direction makes left, i hit him dead center. driver pulls over, exits vehicle, and proceeds to leave, leaving his college-age daughter in the vehicle.
3 accidents in 2 yr period, none at fault, all no insurance or id. wtf? in 17 years of driving in NJ, only one accident, and you bet that person had insurance. # my fault=0. everything happens for a reason. if it was not for those accidents, i wouldn't have our 8
in a state where > 60% have no insurance, i tell you it is much needed.
another accident, same year, sittting at stop light, driver behind me slams into me. no valid id or insurance. year prior, driving north on rural, driver in opposite direction makes left, i hit him dead center. driver pulls over, exits vehicle, and proceeds to leave, leaving his college-age daughter in the vehicle.
3 accidents in 2 yr period, none at fault, all no insurance or id. wtf? in 17 years of driving in NJ, only one accident, and you bet that person had insurance. # my fault=0. everything happens for a reason. if it was not for those accidents, i wouldn't have our 8
in a state where > 60% have no insurance, i tell you it is much needed.
#3
No **** Pret, I know what you mean. My lil bro-in law was rear ended thurs nite. The Stupid woman that hit him, backed up and proceded to jump the curb, and drove the other way.
Now we have to figure out where to get a replacement tail light section for his FC !!!
Now we have to figure out where to get a replacement tail light section for his FC !!!
#4
passed by the senate
bill moves one step closer to reality.
http://www.azcentral.com/arizonarepu...drivers25.html
"I'm just a bill......."
http://www.azcentral.com/arizonarepu...drivers25.html
"I'm just a bill......."
#7
I got an email update on this bill today from Jim Waring (one of our state representatives).
The vehicle impoundment bill SB1420 passed the full
Senate 29-1. It's now moved over to the House.
WOOOOOOOOOOOOOT!
The vehicle impoundment bill SB1420 passed the full
Senate 29-1. It's now moved over to the House.
WOOOOOOOOOOOOOT!
#8
It is now law
Passed on monday:
http://www.azcentral.com/arizonarepu...otorist20.html
highlights:
Senate Bill 1420 will make a 30-day impoundment mandatory
Impose a $500 mandatory fine for a lack of insurance, up from $200
A $700 fine for the second offense within three years
so carry ur insurance cards!!!! (or not get pulled over)
http://www.azcentral.com/arizonarepu...otorist20.html
highlights:
Senate Bill 1420 will make a 30-day impoundment mandatory
Impose a $500 mandatory fine for a lack of insurance, up from $200
A $700 fine for the second offense within three years
so carry ur insurance cards!!!! (or not get pulled over)
#9
Oh HELL YES! :D
Originally Posted by pret
Passed on monday:
http://www.azcentral.com/arizonarepu...otorist20.html
highlights:
Senate Bill 1420 will make a 30-day impoundment mandatory
Impose a $500 mandatory fine for a lack of insurance, up from $200
A $700 fine for the second offense within three years
so carry ur insurance cards!!!! (or not get pulled over)
http://www.azcentral.com/arizonarepu...otorist20.html
highlights:
Senate Bill 1420 will make a 30-day impoundment mandatory
Impose a $500 mandatory fine for a lack of insurance, up from $200
A $700 fine for the second offense within three years
so carry ur insurance cards!!!! (or not get pulled over)
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