excessive speed; speed inhibiting device

HB2417 - 572R - H Ver

House Engrossed

excessive speed;
speed inhibiting device

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2417

AN
ACT

Amending title 28, chapter 3, article 6,
Arizona Revised Statutes, by adding section 28-711; amending sections 28-3318,
28-3511, 28-3512 and 28-4848, Arizona Revised Statutes; relating to
excessive speed.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section
1.
1. Title
28, chapter 3, article 6, Arizona Revised Statutes, is amended by adding
section 28-711, to read:

START_STATUTE
28-711.

Use of speed inhibiting device; proof of compliance;
installation; violations; classification; rules; definitions

A. If a person's license or
nonresident operating privilege is suspended for a violation described in this
subsection
, except for a notice of violation that was
obtained by using a photo enforcement system, in lieu of the suspension
and on request of the person, the court may order that the department
require the installation of a speed inhibiting device on any motor
vehicle the person operates in addition to any other penalty prescribed by law,
including defensive driving school pursuant to chapter 8, article 7 of this
title or traffic survival school pursuant to chapter 8, article 7.1 of this
title.� If the license of a person is suspended pursuant to this section while
the person was operating a motorcycle or off-highway vehicle, the person
is eligible for use of a speed inhibiting device only on a motor vehicle.� On
receipt of an order from the court, the department
shall
require a speed inhibiting device to be installed on any motor vehicle a person
operates for a period
that is equivalent to the length of
the suspension of the person's license or nonresident operating privilege that
would have otherwise been imposed for the following if the person:

1. Is convicted of a first violation
of section
28-695
and a
suspension of the person's license or nonresident operating privilege is
required.

2. Has assessed points against the
person's driving record that would require a one-year suspension of
the person's license or nonresident operating privilege for
accumulating excessive points pursuant to rules adopted by the department.

3. Is convicted of a second violation
of section
28-695 within a twenty-four month
period.
A person who is convicted of a
violation described in this paragraph and who is ordered by the court to
install a speed inhibiting device pursuant to this section is not subject to
any minimum suspension of a license or nonresident operating privilege.

4. Is a minor and the offense is the
minor's first excessive speeding offense
pursuant to
section 28-701.02.

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.
The department may charge a fee for installation.

C. The manufacturer or provider of a
speed inhibiting device shall electronically provide to the department proof of
installation 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 that is 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. Any tampering or circumvention of
the speed inhibiting device.

4. The removal of the speed
inhibiting device from any motor vehicle that is operated by the person.

5. A copy of the notification
provided to the person that the person has completed the term requiring the
installation of the speed inhibiting device.

6. Any other communications
determined necessary by the department.

D. The department may not reinstate
the person's
license or nonresident operating privilege
until the person has installed a functioning speed inhibiting device in each
motor vehicle that is operated by the person and the manufacturer or provider
of the speed inhibiting device has provided proof of installation to the
department.

E. If the manufacturer or provider 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
license or nonresident
operating privilege until proof of compliance is submitted to the
department.
On notification of noncompliance
from the court, the department shall immediately suspend the person's
license or nonresident operating privilege.

F. A person whose driver license is
suspended pursuant to this section may submit a written request for a
hearing. The written request must be received by the department
within fifteen days after the date of the order of suspension. On
receipt of a request for a hearing, a hearing shall be held within thirty
days. A timely request for a hearing stays the suspension until a
hearing is held, except that the department may not return any surrendered
driver license or permit to the person but may issue a temporary driver license
or permit to drive that expires not later than when the department has made its
final decision. Hearings requested pursuant to this subsection shall
be conducted in the same manner and under the same conditions as provided in
section 28-3306, and the scope of the hearing shall include only the following
issues:

1. Whether the person was ordered or
required to equip a motor vehicle that is operated by the PERSON with a speed
inhibiting device pursuant to this section.

2. Whether the manufacturer or
provider of the speed inhibiting device provided proof of compliance pursuant
to this section.

g. 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
except as provided in subsection i of this section, the person is
guilty of a class
1 misdemeanor.
On notification from the court, the department shall immediately
suspend the person's
license or nonresident operating
privilege. The duration of the
suspension of
the
license or nonresident operating privilege must be the
length of the original sentence, and no time may be credited to the original
length of suspension.

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 a speed inhibiting device. The rules must 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 a speed inhibiting device for cause.

(
e
) The
procedure to ensure a person installs a speed inhibiting device on any motor
vehicle operated by the person within twenty days if the original motor vehicle
with a speed inhibiting device installed is sold, lost, stolen, wrecked or
scrapped.

(
f
) The
procedures and hearing rights for the department to approve early removal,
reinstallation or opt out by the person for the speed inhibiting device if the
person no longer possesses a motor vehicle or is no longer able to finish the
required time frame for the installation of the speed inhibiting device.

(
g
) the
Procedures for compliance reporting relating to tampering with and
circumvention of speed inhibiting devices.

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.

(
e
) The speed
inhibiting device includes an override feature to be used by the
person. The override feature must:

(
i
) Be
available not more than three times during a thirty-day period.

(
ii
) Allow the
motor vehicle to exceed the posted speed limit by not more than ten miles for a
period not to exceed sixty seconds.

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 speed inhibiting device on installation. The label
must 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 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 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. A motor vehicle manufacturer,
distributor or retailer is not liable for any loss, injury or damage caused by
the design, manufacturer, installation, including improper installation or use
or misuse of a speed inhibiting device, unless the motor vehicle manufacturer,
distributor or retailer knowingly engages in a repair or update to the speed
inhibiting device and the repair or update is the proximate cause of any loss,
injury or damage.

l. The manufacturer of a speed
inhibiting device shall collect only necessary data to support compliance,
evaluate program performance and improve system accuracy and
effectiveness. The data collection must:

1. Minimize storage of location data.

2. Be shared under the following
circumstances:

(
a
) When
directed by a valid court order.

(
b
) As directed
by law or rule.

(
c
) With the
department or judge related to any violation of this section.

(
d
) When
depersonalized or aggregated for research or evaluation purposes.

3. Never be sold, licensed or used
for any commercial purposes.

m. This
section does not:

1. Apply
to fleet vehicles operated by a person whose driving privilege is limited
pursuant to this section.

2.

APPLY
TO VEHICLES THAT ARE OWNED BY A PER
s
ON'S EMPLOYER AND
THAT ARE OPERATED IN the course of EMPLOYMENT by a person whose driving
privilege is limited pursuant to this section.

3. Apply to commercial vehicles as
defined in section 28-2231.

4. Require a motor vehicle
manufacturer, distributor or retailer to manufacture, distribute or offer for
sale a motor vehicle that includes or is compatible with an aftermarket
intelligent speed assistance device.

5. Prohibit a lessor or lienholder
from requiring notification by the person that a speed inhibiting device has
been installed on a motor vehicle subject to a lease or finance agreement.

6. Prohibit a lessor or lienholder
from charging a reasonable fee to the customer for the removal of a speed
inhibiting device.

7. Apply to a motorcycle or off-highway
vehicle operated by a person whose driving privilege is limited pursuant to
this section.

n. For the purposes of this section:

1. "speed inhibiting
device" means an integrated motor vehicle system that determines the
posted speed limit of the roadway the motor vehicle is on and that prevents the
motor vehicle's speed 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.
2. Section
28-3318, Arizona Revised Statutes, is amended to read:

START_STATUTE
28-3318.

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
,
or
disqualification
or a speed inhibiting device
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.
3. Section
28-3511, Arizona Revised Statutes, is amended to read:

START_STATUTE
28-3511.

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
never
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.
4. Section
28-3512, Arizona Revised Statutes, is amended to read:

START_STATUTE
28-3512.

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

or the speed inhibiting 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 the
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.
5. Section 28-4848, Arizona Revised Statutes, is
amended to read:

START_STATUTE
28-4848.

Access to
vehicle; ignition interlock service provider; speed inhibiting device
manufacturer; 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 department�s
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
owner�s 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

Sec.
6.
6.
Effective
date

This act is effective from and after
June 30, 2027.