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Chapter 0081 - 572R - S Ver of HB2109
Senate Engrossed
House Bill
distracted driving;
penalties; motorcycles
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 81
HOUSE BILL 2109
AN
ACT
Amending section 28-914, Arizona Revised
Statutes; relating to portable wireless communication devices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-914, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-914.
Use of portable wireless communication device while driving;
prohibition; civil penalty; state preemption; definitions
A. Unless a motor vehicle is parked or stopped
pursuant to section 28-645, subsection A, paragraph 3 or section 28-851,
a person may not operate a motor vehicle on a street or highway if the person
does either of the following:
1. Physically holds or supports with any part of the
person's body either of the following:
(a) A portable wireless communication device, except
that a person may use a portable wireless communication device with an
earpiece, headphone device or device worn on a wrist to conduct a voice-based
communication.
(b) A stand-alone electronic device.
2. Writes, sends or reads any text-based
communication, including a text message,
an
instant
message,
an
email or internet data, on a portable wireless
communication device or stand-alone electronic device. This
paragraph does not apply to either of the following:
(a) The use of voice-based communications, including
through the use of a portable wireless communication device or stand-alone
electronic device, to direct the writing, sending, reading or other
communicating of any text-based communication.
(b) The use of a portable wireless communication
device or stand-alone device when used in a hands-free manner for:
(i) Navigation of the motor vehicle.
(ii) Use of a global positioning system.
(iii) Obtaining motor vehicle information or
information related to driving a motor vehicle.
B. This section does not prohibit the operation of a
motor vehicle while using a device, including a device that is accessible
through an interface that is embedded in a motor vehicle, that allows
communication without the use of either of the driver's hands, except to
activate or deactivate a function of the device.
C. This section does not apply to:
1. An operator of an authorized emergency, law
enforcement or probation vehicle who uses a portable wireless communication
device while acting in an official capacity.
2. An operator who is licensed by the federal
communications commission while operating a radio frequency device other than a
portable wireless communication device.
3. An operator who uses a
two-way radio or private land mobile radio system, within the meaning of 47
Code of Federal Regulations part 90, while in the performance and scope of the
operator's work-related duties and who is operating a fleet vehicle or who
possesses a commercial driver license.
4. An operator who uses a portable wireless
communication device either:
(a) To report illegal activity or summon emergency
help.
(b) That was permanently or temporarily affixed to
the motor vehicle to relay information in the course of the operator's
occupational duties between the operator and either:
(i) A dispatcher.
(ii) A digital network or software application
service.
D.
Beginning January 1, 2021,
A
person who violates this section is subject to a civil penalty as follows:
1. At least $75 but not more than $149 for a first
violation.
2.
At least $150 but not more than
$250
$400
for a second or subsequent violation.
3. an additional $150 if a violation
results in an accident with a motorcycle.
E. The department shall post a sign at each point at
which an interstate highway or United States highway enters into this state
that informs an operator that both:
1. The use of a portable wireless communication
device while operating a motor vehicle is prohibited in this state.
2. The operator is subject to a civil penalty if the
operator uses a portable wireless communication device in violation of this
section while operating a motor vehicle in this state.
F. A peace officer who stops a motor vehicle for an
alleged violation of this section may not
:
1.
take possession of or
otherwise inspect a portable wireless communication device in the possession of
the operator unless otherwise authorized by law.
2. Issue a citation for a violation of
this section before January 1, 2021 and may issue only a warning beginning
on April 22, 2019 through December 31, 2020.
G. Except as provided in section 28-3312, a
department or agency of this state may not consider a violation of this section
for the purpose of determining whether the person's driver license should be
suspended or revoked.
H. The regulation and use of portable wireless
communication devices while operating a motor vehicle are of statewide
concern.
From and after December 31, 2020,
The
regulation of portable wireless communication devices pursuant to this section
and their use while operating a motor vehicle is not subject to further
regulation by a county, city, town or other political subdivision of this
state.
From and after December 31, 2020,
A
regulation by a county, city, town or other political subdivision that violates
this subsection
, whether enacted before or after January 1, 2021,
is void.
I. For the purposes of this section:
1. "Portable wireless communication
device":
(a) Means a cellular telephone, a portable
telephone, a text-messaging device, a personal digital assistant, a stand-alone
computer, a global positioning system receiver or a substantially similar
portable wireless device that is used to initiate or receive communication,
information or data.
(b) Does not include a radio, citizens band radio,
citizens band radio hybrid, commercial two-way radio communication device
or its functional equivalent, subscription-based emergency communication
device, prescribed medical device, amateur or ham radio device or in-vehicle
security, navigation or remote diagnostics system.
2. "Stand-alone electronic device"
means a portable device other than a portable wireless communication device
that stores audio or video data files to be retrieved on demand by a user.
END_STATUTE
APPROVED BY THE GOVERNOR JUNE 4, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 5, 2026.