28-702.01. Waste of a finite resource; civil penalties; urbanized areas; definition

489 words·~2 min read·/az/title-28/28-702-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If the maximum speed limit on a public highway in this state is at least thirty miles per hour in an area that is outside of an urbanized area, a person shall not drive a motor vehicle at a speed in excess of the posted speed limit on that highway. If the maximum speed limit on a public highway in this state is at least forty miles per hour in an urbanized area, a person shall not drive a motor vehicle at a speed in excess of the posted speed limit on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is not more than ten miles per hour in excess of the posted speed limit, the offense may be designated as the waste of a finite resource and is a civil traffic violation subject to subsection B of this section.

B. If a person is found responsible for a civil traffic violation pursuant to subsection A of this section:

1. A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked and a court shall not transmit abstracts of records of judgment for the violation to the department.

2. An insurer shall not consider the violation as a moving traffic violation against the person for the purpose of establishing rates of motor vehicle insurance charged by the insurer and shall not cancel or refuse to renew a policy of insurance because of the violation.

3. The civil penalty shall not exceed $15 plus the surcharges imposed pursuant to sections 12-116.01 and 12-116.02.

4. A report shall not be made under section 28-1559, subsection B.

C. If the maximum speed limit on a public highway in this state is at least thirty miles per hour in an area that is outside of an urbanized area, a person shall not drive a motor vehicle at a speed in excess of the posted speed limit on that highway. If the maximum speed limit on a public highway in this state is at least forty miles per hour in an urbanized area, a person shall not drive a motor vehicle at a speed in excess of the posted speed limit on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is more than ten miles per hour in excess of the posted speed limit, the offense is designated as a civil traffic violation and the person is subject to a civil penalty of not more than the amount provided in section 28-1598.

D. For the purposes of this section, "urbanized area" has the same meaning prescribed in section 28-702.04.