AzMotorNews

 

Az Motorist Alert 3-17-04

Oppose Az House Bill 2136

 

Arizona's Vague Ticket & Tow Anti-Cruising Bill

Prescribes A Penalty For A Law Yet To Be Written

 

     Arizona House Bill 2136 or HB2136 will allow any Arizona law enforcement officer to ticket and tow anybody's vehicle if he believes that probable cause exists that this vehicle was cruising or participating in (as stated in this bills language) an “unauthorized assembly of vehicles that restrains the movement of traffic and impedes either of the following: 1. Deployment of emergency or law enforcement vehicles or services. OR 2. (Impedes) Access to a business or residence.” The bill says that officers may only ticket and tow vehicles when permitted to by a local ordinance governing the “unauthorized assembly of vehicles.” (A new undefined legal term for cruising.)


    HB2136, subtitled as "unauthorized assembly of vehicles; penalty" was proposed and introduced into the Az House of Representatives on 1-15-04 , and prescribes $100.00 fines and vehicle impound penalties that are applicable to any local ordinance which will govern the “unauthorized assembly of vehicles.” HB2136 is clearly putting the cart before the horse by attempting to prescribe harsh (and hard to challenge) “civil” penalties for laws and local ordinance’s that haven't even been written yet! Although I'm sure the newly formed City of Phoenix ’s anti-cruising strike-force has a plan waiting in the wings and is ready to ticket and tow any and all cruisers.

 

     Our Senators need to think about the chaos and unintended legal consequences of allowing every little political subdivision and traffic court to re-interpret and over-ride by local ordinance the State of Arizona's Uniform Traffic Laws. Also, given a broad interpretation by local ordinance’s and local traffic courts, HB2136 could easily become a weapon of mass disruption to Arizona's legitimate vehicle clubs, local cruise nights, charity runs and highway tour-groups. Even annual events like Az Bike Week and the world famous “Copperstate 1000” Vintage Car Rally that cruises 1000 miles around Arizona to benefit the Phoenix Art Museum would have to re-check local ordinance’s in dozens of towns every year just to stay legal.

 

     Two similar ticket and tow anti-cruising bills have been killed by the Az Senate over the last two years. In its past versions many agreed that at best this bill did nothing but duplicate existing laws, and at worst was too vague and heavy-handed in its scope. HB2136 is the vaguest version ever offered, a penalty for a law yet to be written.

 

     Boosted by exaggerated tales of cruiser gridlock, the suspiciously vague and heavy-handed HB2136 has already easily and unanimously passed through the 60 member Az House of Representatives, and on 3-10-04, it was assigned to the Az State Senate NRT (Natural Resources & Transportation) and Rules Committees for Senate approval. If, over the next few weeks, HB2136 can pass out of these two 7-member Senate committee hearings, a final floor vote by the Senate’s 30 members will determine the fate and future of recreational driving in Arizona .

 

     Az motorists who oppose this ticket and tow anti-cruising bill need to first call and/or email the 7-members of the Az Senate NRT (Natural Resources & Transportation) Committee, and if HB2136 passes NRT, we'll then need to contact.the 7-members of the Senate Rules Committee. We must “politely” try to convince a minimum of 4 of the 7 Senators on either committee that HB2136 is a fatally flawed bill that they should vote NO on.

 

     HB2136 will probably be heard first by NRT (meets Tuesdays 1:30pm ), but as of 3-16-04 , neither committee has posted HB2136 as an item on their upcoming meeting agendas. So let's try to kill this bill while it is still in committee, as it will be a lot easier to get 4 No votes in committee then to get 16 No votes on the Senate floor if it passes out of these 2 committees. You can easily check these 2 committees’ latest agendas at http://www.azleg.state.az.us/CommitteeAgendas.asp

 

     Also, check out the State's website at: www.azleg.state.az.us/ to easily read the full-text of HB2136 with the proposed changes hi-lighted in CAPITAL LETTERS and/or in a different color. (You should always read the hi-lighted changes first, as the summaries and fact sheets are often misleading and understated.) You may also call 602-926-3559 or 800-352-8404 for the State “info desks” to check the current status of any bill and to check if HB2136 has been posted to agendas. Call the "bill room" at 602-926-4379 to request up to 5-free copies of a bill.

 

   * Remember, it’s all about free roads for free people. If you don't speak-up for your own rights, no one else may either, and the time to speak-up is NOW!  Only united will we continue to cruise free, and divided, we'll be ticketed and towed for unauthorized assemblies (formerly known as cruise nights).

 

    **  This Az Motorist Alert was issued by Bill Gilmore at Automotive Research Services, Phoenix Az 602-230-7111, azcarcrazy@aol.com