Arizona Laws 28-710. State highway work zone safety; civil penalty; fund
A. In a state highway work zone as defined in section 28-652 that is designated as a state highway work zone by traffic control devices indicating the beginning and end of the state highway work zone and in which workers are not present, a person shall not drive a vehicle at a speed that is greater than the speed allowed by traffic control devices.
Terms Used In Arizona Laws 28-710
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Drive: means to operate or be in actual physical control of a motor vehicle. See Arizona Laws 28-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- License: means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state that pertain to the licensing of persons to operate motor vehicles. See Arizona Laws 28-601
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- State highway: means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state. See Arizona Laws 28-101
- Traffic: means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel. See Arizona Laws 28-601
B. In a state highway work zone as defined in section 28-652 that is designated as a state highway work zone by traffic control devices indicating the beginning and end of the state highway work zone and in which workers are present, a person shall not drive a vehicle at a speed that is greater than the speed allowed by traffic control devices. If a person is found responsible for a civil traffic violation under this subsection, the person is subject to a civil penalty equal to the amount of the civil penalty for the same speeding violation committed in a state highway work zone in which workers are not present and shall pay an additional assessment equal to the amount of that civil penalty. The court shall collect the additional assessment at the same time the court collects the civil penalty. Partial payments of the total amount due pursuant to this subsection shall be divided according to the proportion that the civil penalty, the surcharges levied pursuant to sections 12-116.01 and 12-116.02 and the additional assessment imposed pursuant to this subsection represent of the total amount due. The court and the department shall treat failure to pay the additional assessment imposed pursuant to this subsection in the same manner as failure to pay a civil penalty, including taking action against the person’s driver license or permit or privilege to drive pursuant to sections 28-1601, 28-3153 and 28-3305.
C. A state highway work zone safety fund is established consisting of monies deposited pursuant to subsection D, paragraph 1 of this section. The governor’s office of highway safety shall administer the fund. The monies in the fund are continuously appropriated. Monies in the fund shall be used to establish and maintain a public education campaign for highway work zone safety.
D. If a person is found responsible for a violation of subsection B of this section in a justice court or the superior court, the court shall transmit monies received to pay the additional assessment to the county treasurer. If a person is found responsible for a violation of subsection B of this section in a municipal court, the court shall transmit the monies received to pay the additional assessment to the city treasurer. Notwithstanding section 28-1554, the city or county treasurer shall transmit the monies received to pay the additional assessment to the state treasurer. The state treasurer shall deposit the monies received to pay the additional assessment as follows:
1. Fifty per cent in the state highway work zone safety fund established by this section.
2. Fifty per cent in the state highway fund established by section 28-6991.