A.R.S. tit. 28 ch. 3 — Arizona Revised Statutes Title 28 Chapter 3 — Traffic And Vehicle Regulation

28-601. Definitions In this chapter, unless the context otherwise requires: 1. "Commercial motor vehicle" means a motor vehicle or combination of vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise, that is a commercial motor vehicle as defined in section 28-5201 and that is not exempt from gross weight fees as prescribed in section 28-5432, subsection B. 2. "Controlled access highway" means a highway, street or roadway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in the manner determined by the public authority that has jurisdiction over the highway, street or roadway. 3. "Crosswalk" means: (a) That part of a roadway at an intersection included within the prolongations or connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in absence of curbs, from the edges of the traversable roadway. (b) Any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface. 4. "Escort vehicle" means a vehicle that is required pursuant to rules adopted by the department to escort motor vehicles or combinations of vehicles that require issuance of a permit pursuant to article 18 or 19 of this chapter for operation on the highways of this state. 5. "Explosives" means any chemical compound, mixture or device that is commonly used or intended for the purpose of producing an explosion and that is defined in 49 Code of Federal Regulations part 173. 6. "Flammable liquid" means any liquid that has a flash point of less than one hundred degrees Fahrenheit and that is defined in 49 Code of Federal Regulations section 173.120. 7. "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle. 8. "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. If a highway includes two roadways thirty or more feet apart, each crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways thirty or more feet apart, each crossing of two roadways of the highways is a separate intersection. 9. "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. 10. "Low emission and energy efficient vehicle" means a vehicle that has been certified by the United States environmental protection agency administrator in accordance with 23 United States Code section 166 or that is part of a federally approved pilot program. 11. "Motorized wheelchair" means any self-propelled wheelchair that is used by a person for mobility. 12. "Official traffic control device" means any sign, signal, marking or device that is not inconsistent with this chapter and that is placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic. 13. "Park", if prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. 14. "Photo enforcement system" means a device substantially consisting of a radar unit or sensor linked to a camera or other recording device that produces one or more photographs, microphotographs, videotapes or digital or other recorded images of a vehicle's license plate for the purpose of identifying violators of articles 3 and 6 of this chapter. 15. "Pneumatic tire" means a tire in which compressed air is designed to support the load. 16. "Pole trailer" means a vehicle that is all of the following: (a) Without motive power. (b) Designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle. (c) Used ordinarily for transporting long or irregularly shaped loads such as poles, pipes or structural members capable generally of sustaining themselves as beams between the supporting connections. 17. "Police officer" means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or other offenses. 18. "Private road or driveway" means a way or place that is in private ownership and that is used for vehicular travel by the owner and those persons who have express or implied permission from the owner but not by other persons. 19. "Railroad" means a carrier of persons or property on cars operated on stationary rails. 20. "Railroad sign or signal" means a sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. 21. "Railroad train" means a steam engine or any electric or other motor that is with or without cars coupled to the steam engine or electric or other motor and that is operated on rails. 22. "Roadway" means that portion of a highway that is improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, roadway refers to any such roadway separately but not to all such roadways collectively. 23. "Safety zone" means the area or space that is both: (a) Officially set apart within a roadway for the exclusive use of pedestrians. (b) Protected or either marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. 24. "Sidewalk" means that portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines and that is intended for the use of pedestrians. 25. "Stop", if required, means complete cessation from movement. 26. "Stop, stopping or standing", if prohibited, means any stopping or standing of an occupied or unoccupied vehicle, except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or traffic control sign or signal. 27. "Through highway" means a highway or portion of a highway at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and when stop signs are erected as provided in this chapter. 28. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel. 29. "Traffic control signal" means a device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. 30. "Truck" means a motor vehicle that is designed, used or maintained primarily for the transportation of property. 28-602. Powers of governor; federal highway safety act A. In addition to other duties and responsibilities conferred on the governor by the constitution and laws of this state, the governor may contract and do all other things necessary to secure the full benefits available to this state under the federal highway safety act of 1966 (23 United States Code sections 401 through 404) and any other subsequent federal highway safety acts, including cooperating with federal and state agencies, private and public organizations, and persons to effectuate the purposes of the federal acts and any amendments to the federal acts. B. The governor is responsible for and may administer the highway safety programs of this state and those of its political subdivisions through the appropriate agency of this state that the governor designates. The responsibility, administration and designation shall be in accordance with the federal highway safety act of 1966 or any other subsequent federal highway safety act and federal regulations adopted to implement the federal acts and as further provided by law. 28-603. Drag racing prevention enforcement fund A. The drag racing prevention enforcement fund is established consisting of monies deposited pursuant to section 12-116.11. The governor's office of highway safety shall administer the fund. Monies in the fund are continuously appropriated. B. Monies in the fund shall be used to prevent racing on streets and highways in this state and to enforce section 28-708. The governor's office of highway safety may distribute monies to local law enforcement agencies to help prevent racing on streets and highways in this state and to enforce section 28-708. 28-621. Applicability to vehicles on highways; exceptions The provisions of this chapter and chapter 5 of this title relating to the operation of vehicles refer exclusively to the operation of vehicles on highways except: 1. If a different place is specifically provided by statute. 2. Article 4 of this chapter and section 28-693 apply on highways and elsewhere throughout this state. 28-622. Failure to comply with police officer; classification A. A person shall not wilfully fail or refuse to comply with any lawful order or direction of a police officer invested by law with authority to direct, control or regulate traffic. B. A person who violates this section is guilty of a class 2 misdemeanor. 28-622.01. Unlawful flight from pursuing law enforcement vehicle; violation; classification; marked and unmarked vehicles A driver of a motor vehicle who wilfully flees or attempts to elude a pursuing official law enforcement vehicle is guilty of a class 5 felony if the law enforcement vehicle is either: 1. Being operated in the manner described in section 28-624, subsection C and is appropriately marked to show that it is an official law enforcement vehicle. 2. Unmarked and either of the following applies: (a) The driver admits to knowing that the vehicle was an official law enforcement vehicle. (b) Evidence shows that the driver knew that the vehicle was an official law enforcement vehicle. 28-623. Obedience by public officers and employees; exceptions A. Except as provided in this section and subject to specific exceptions prescribed in this chapter and chapters 4 and 5 of this title with reference to authorized emergency vehicles, the provisions of this chapter and chapters 4 and 5 of this title applicable to the drivers of vehicles on the highways apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district or other political subdivision of this state. B. Unless specifically made applicable by law, this chapter and chapters 4 and 5 of this title: 1. Do not apply to persons, teams, motor vehicles and other equipment while actually engaged in work on the surface of a highway. 2. Do not apply to railroad employees working on a railroad track or tracks crossing the highway. 3. Apply to persons and vehicles described in this section if they are traveling to or from work on the surface of a highway or on a railroad track or tracks crossing the highway. 28-624. Authorized emergency vehicles A. If an authorized emergency vehicle is driven in response to an emergency call, in pursuit of an actual or suspected violator of law or in response to but not on return from a fire alarm, the driver may exercise the privileges provided in this section subject to the conditions stated in this section. B. If the driver of an authorized emergency vehicle is operating at least one lighted lamp displaying a red or red and blue light or lens visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle, the driver may: 1. Notwithstanding this chapter, park or stand. 2. Proceed past a red or stop signal or stop sign, but only after slowing down as necessary for safe operation. 3. Exceed the prima facie speed limits if the driver does not endanger life or property. 4. Disregard laws or rules governing the direction of movement or turning in specified directions. C. The exemptions authorized by this section for an authorized emergency vehicle apply only if the driver of the vehicle while in motion sounds an audible signal by bell, siren or exhaust whistle as reasonably necessary and if the vehicle is equipped with at least one lighted lamp displaying a red or red and blue light or lens visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red or red and blue light or lens visible from in front of the vehicle. D. This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons and does not protect the driver from the consequences of the driver's reckless disregard for the safety of others. 28-625. Persons riding animals or driving animal drawn vehicles A person riding an animal or driving an animal drawn vehicle on a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except the provisions of this chapter and chapters 4 and 5 of this title that by their very nature can have no application. 28-626. Uniform application of laws throughout state; local ordinances or regulations A. The provisions of this chapter and chapters 4 and 5 of this title are applicable and uniform throughout this state and in all political subdivisions in this state. B. A local authority: 1. Shall not enact or enforce an ordinance or regulation in conflict with this chapter or chapter 4 or 5 of this title unless expressly authorized by this chapter or chapter 4 or 5 of this title. 2. May adopt additional traffic regulations that are not in conflict with this chapter or chapter 4 or 5 of this title. 3. Shall adopt ordinances or regulations relating to the control and movement of traffic, including parking or standing ordinances or regulations that provide for the imposition of civil penalties on the violation of the ordinance or regulation. C. Unless a local ordinance or regulation provides for the imposition of a criminal penalty, a violation of the ordinance or regulation constitutes a civil traffic violation. 28-627. Powers of local authorities A. This chapter and chapters 4 and 5 of this title do not prohibit a local authority, with respect to streets and highways under its jurisdiction and within the reasonable exercise of the police power, from: 1. Regulating the standing or parking of vehicles. 2. Regulating traffic by means of police officers, traffic control signals or volunteer posse organization members authorized by the sheriff under section 11-441 for the purpose of directing traffic only. 3. Regulating or prohibiting processions or assemblages on the highways. 4. Designating particular highways as one-way highways and requiring that all vehicles on one-way highways be moved in one specific direction. 5. Regulating the speed of vehicles in public parks. 6. Designating any highway as a through highway and requiring that all vehicles stop before entering or crossing the highway or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to the intersection. 7. Restricting the use of highways as authorized in section 28-1106. 8. Regulating the operation of bicycles and requiring the registration and licensing of bicycles, including the requirement of a registration fee. 9. Regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections. 10. Altering the prima facie speed limits as authorized by this chapter. 11. Designating routes over streets and highways for vehicles not exceeding one hundred two inches in width, exclusive of safety equipment. 12. Adopting other traffic regulations that are specifically authorized by this chapter or chapter 4 or 5 of this title. 13. Designating routes on certain streets and highways for the purpose of allowing off-highway vehicle operators to gain access to or from a designated off-highway recreation facility as defined in section 28-1171, off-highway vehicle trail as defined in section 28-1171 or off-highway vehicle special event as defined in section 28-1171. 14. Regulating electric bicycles and electric standup scooters. A local authority may consider the environmental benefits and traffic benefits of electric bicycles and electric standup scooters when regulating electric bicycles and electric standup scooters. B. A local authority shall not erect or maintain a stop sign or traffic control signal at any location that requires the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the director. C. An ordinance or regulation enacted under subsection A, paragraph 4, 5, 6, 7, 9 or 10 of this section is not effective until signs giving notice of the local traffic regulations are posted on or at the entrances to the highway or part of the highway affected as is most appropriate. D. The definition of motor vehicle prescribed in section 28-101 does not prevent a local authority from adopting ordinances that regulate or prohibit the operation of motorized skateboards, except that a local authority shall not adopt an ordinance that requires registration and licensing of motorized skateboards. For the purposes of this subsection, "motorized skateboard" means a self-propelled device that does not have handlebars and that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground. E. In addition to the appointment of peace officers, a local authority may provide by ordinance for the appointment of: 1. Unarmed police aides or municipally approved private contractors who are employed or contracted by the police department and who are empowered to commence an action or proceeding before a court or judge for a violation of the local authority's ordinances regulating the standing or parking of vehicles. A municipally approved private contractor shall not include a relative of an employee or of an elected official of the municipality. The authority of the unarmed police aide or municipally approved private contractor as authorized in this section is limited to the enforcement of the ordinances of local authorities regulating the standing or parking of vehicles. Pursuant to rules established by the supreme court, an unarmed police aide appointed pursuant to this paragraph may serve any process originating out of a municipal court in the municipality in which the unarmed police aide is employed. Service of process under this paragraph shall only be made during the hours the municipal court is open for the transaction of business and only on court premises. This paragraph does not grant to unarmed police aides or municipally approved private contractors other powers or benefits to which peace officers of this state are entitled. 2. Traffic investigators who may: (a) Investigate traffic accidents within the jurisdiction of the local authority. (b) Commence an action or proceeding before a court or judge for any violation of a state statute or local ordinance relating to traffic, if the violation is related to a traffic accident within the jurisdiction of the local authority. (c) Pursuant to rules established by the supreme court, serve any process originating out of a municipal court in the municipality in which the traffic investigator is employed. Service of process under paragraph 1 of this subsection shall only be made during the hours the municipal court is open for the transaction of business and only on court premises. F. A traffic investigator appointed pursuant to this section shall: 1. Be unarmed at all times during the course of the traffic investigator's duties. 2. Be an employee of the appointing local authority. 3. File written reports as required pursuant to section 28-667. G. Notwithstanding subsection E of this section, an unarmed police aide, a municipally approved private contractor or a traffic investigator shall not serve any process resulting from a citation issued for a violation of article 3 or 6 of this chapter or of a city or town ordinance for excessive speed or failure to obey a traffic control device that is obtained using a photo enforcement system. H. This section does not grant other powers or benefits to traffic investigators to which peace officers of this state are entitled. I. Pursuant to section 28-1092, a local authority shall provide reasonable access to and from terminals and service facilities on highways under its jurisdiction. 28-628. Rights of real property owners This chapter does not prevent the owner of real property that is used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from: 1. Prohibiting that use. 2. Requiring other, different or additional conditions than those specified in this chapter. 3. Otherwise regulating the use as deemed best by the owner. 28-641. Traffic control device manual and specifications The director shall adopt a manual and specifications for a uniform system of traffic control devices for use on highways in this state. The uniform system shall correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways prepared by the national joint committee on uniform traffic control devices. 28-642. Traffic control signs on state highways; rules A. The director shall place and maintain traffic control devices that conform to the manual and specifications prescribed in section 28-641 on all state highways as the director deems necessary to indicate and to carry out this chapter or to regulate, warn or guide traffic. B. A local authority shall not place or maintain a traffic control device on a highway under the jurisdiction of the director except by the director's permission. C. In cooperation with local authorities, the director shall synchronize traffic control signals on a state highway that has a traffic flow exceeding fifteen thousand motor vehicles per day in a vehicle emissions control area as defined in section 49-541. D. The director shall adopt rules pursuant to title 41, chapter 6 to establish criteria for the installation and maintenance of directional signs for universities prescribed in section 15-1601, for community colleges as defined in section 15-1401 and for the campus of a regionally accredited college or university. 28-643. Local traffic control devices Local authorities in their respective jurisdictions shall place and maintain the traffic control devices on highways under their jurisdiction as they deem necessary to indicate and to carry out this chapter or local traffic ordinances or to regulate, warn or guide traffic. All traffic control devices erected shall conform to the manual and specifications prescribed in section 28-641. The manual shall include the specification that the yellow light duration must be at least three seconds. 28-644. Obedience to and required traffic control devices A. Unless otherwise directed by a traffic or police officer and subject to the exemptions granted the driver of an authorized emergency vehicle in this chapter, the driver of a vehicle shall: 1. Obey the instructions of an official traffic control device applicable to the driver that is placed in accordance with this chapter. 2. Not drive over or across or park in any part of a gore area. This paragraph does not apply to the driver of a vehicle that is disabled while on the paved or main traveled portion of a highway in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in that position. For the purposes of this paragraph, "gore area" means the area that is between a through roadway and an entrance ramp or exit ramp and that is defined by two wide solid white lines that guide traffic entering or exiting a roadway. Gore area does not include a safety zone. B. Any provision of this chapter that requires signs shall not be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. If a particular section of law does not state that signs are required, that section is effective even though no signs are erected or in place. 28-645. Traffic control signal legend A. If traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend. The lights shall indicate and apply to drivers of vehicles and pedestrians as follows: 1. Green indication: (a) Vehicular traffic facing a green signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited. (b) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. (c) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, pedestrians facing any green signal, except if the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. 2. Steady yellow indication: (a) Vehicular traffic facing a steady yellow signal is warned by the signal that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. (b) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, pedestrians facing a steady yellow signal are advised by the signal that there is insufficient time to cross the roadway before a red indication is shown and a pedestrian shall not then start to cross the roadway. 3. Red indication: (a) Except as provided in subdivisions (b) and (c) of this paragraph, vehicular traffic facing a steady red signal alone shall stop before entering the intersection and shall remain standing until an indication to proceed is shown. On receipt of a record of judgment for a violation of this subdivision or an act in another jurisdiction that if committed in this state would be a violation of this section, the department shall order the person to attend and successfully complete traffic survival school educational sessions within sixty days after the department issues the order. Notwithstanding section 28-3315, if the person fails to attend or successfully complete traffic survival school educational sessions, the department shall suspend the person's driving privilege pursuant to section 28-3306 until the person attends and successfully completes traffic survival school educational sessions. A person whose driving privilege is suspended pursuant to this subdivision may request a hearing. If the person requests a hearing, the department shall conduct the hearing as prescribed in section 28-3306. A law enforcement officer or a jurisdiction issuing a citation to a person who violates this subdivision shall provide written notice to the person that if eligible, the person may attend defensive driving school or, if not eligible or if the person chooses not to attend defensive driving school and is found responsible or enters a plea of responsible for a violation of this subsection, the person must attend and successfully complete traffic survival school educational sessions. The notice shall include a reference to red light violations and state that if the person is required to attend traffic survival school the person will receive notice from the motor vehicle division. (b) The driver of a vehicle that is stopped in obedience to a red signal and as close as practicable at the entrance to the crosswalk on the near side of the intersection, or if there is no crosswalk, then at the entrance to the intersection, may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal. A right turn may be prohibited against a red signal at any intersection if a sign prohibiting the turn is erected at the intersection. (c) The driver of a vehicle on a one-way street that intersects another one-way street on which traffic moves to the left shall stop in obedience to a red signal but may then make a left turn into the one-way street. The driver shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that such left turn may be prohibited if a sign prohibiting the turn is erected at the intersection. (d) Unless otherwise directed by a pedestrian control signal as provided in section 28-646, a pedestrian facing a steady red signal alone shall not enter the roadway. B. If an official traffic control signal is erected and maintained at a place other than an intersection, this section applies except as to those provisions of this section that by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of a sign or marking the stop shall be made at the signal. C. The driver of a vehicle approaching an intersection that has an official traffic control signal that is inoperative shall bring the vehicle to a complete stop before entering the intersection and may proceed with caution only when it is safe to do so. If two or more vehicles approach an intersection from different streets or highways at approximately the same time and the official traffic control signal for the intersection is inoperative, the driver of each vehicle shall bring the vehicle to a complete stop before entering the intersection and the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right. 28-646. Pedestrian control signals; loitering prohibited A. If special pedestrian control signals exhibiting the words "walk" or "don't walk" or a symbol of a walking person that symbolizes the word "walk" or a symbol of an upraised hand that symbolizes the words "don't walk" are in place, the signals shall indicate as follows: 1. Walk or a symbol of a walking person. Pedestrians facing the signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of vehicles. 2. Don't walk or a symbol of an upraised hand. A pedestrian shall not start to cross the roadway in the direction of the signal, but a pedestrian who has partially completed crossing on the walk signal shall proceed to a sidewalk or safety island while the don't walk signal is showing. B. A pedestrian shall not loiter or unduly delay crossing the roadway after traffic has stopped to give the right-of-way. 28-647. Flashing signals If an illuminated flashing red or yellow signal is used in a traffic sign or signal it requires obedience by vehicular traffic as follows: 1. Flashing red stop signal. If a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line if marked, or if none, then before entering the intersection, and the right to proceed is subject to the rules applicable after making a stop at a stop sign. On receipt of a record of judgment for a violation of this paragraph, the department shall order the person to attend and successfully complete traffic survival school educational sessions within sixty days after the department issues the order. Notwithstanding section 28-3315, if the person fails to attend or successfully complete traffic survival school educational sessions, the department shall suspend the person's driving privilege pursuant to section 28-3306 until the person attends and successfully completes traffic survival school educational sessions. A person whose driving privilege is suspended pursuant to this paragraph may request a hearing. If the person requests a hearing, the department shall conduct the hearing as prescribed in section 28-3306. A law enforcement officer or a jurisdiction issuing a citation to a person who violates this paragraph shall provide written notice to the person that if eligible, the person may attend defensive driving school or, if not eligible or if the person chooses not to attend defensive driving school and is found responsible or enters a plea of responsible for a violation of this paragraph, the person must attend and successfully complete traffic survival school educational sessions. The notice shall include a reference to red light violations and state that if the person is required to attend traffic survival school the person will receive notice from the motor vehicle division. 2. Flashing yellow caution signal. If a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution. 28-648. Display of unauthorized signs, signals or markings A. A person shall not place, maintain or display on or in view of a highway an unauthorized sign, signal, marking or device that either: 1. Purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal. 2. Attempts to direct the movement of traffic. 3. Hides from view or interferes with the effectiveness of an official traffic control device or a railroad sign or signal. B. A person shall not place or maintain and a public authority shall not permit on a highway a traffic sign or signal bearing any commercial advertising. C. This section does not prohibit the erection on private property adjacent to highways of a sign giving useful directional information if the sign cannot be mistaken for an official sign. D. A sign, signal or marking prohibited by this section is a public nuisance, and the authority having jurisdiction over the highway may remove it or cause it to be removed without notice. 28-649. Interference with official traffic control device or railroad sign or signal; possession of traffic preemption emitter; classification; definition A. A person shall not attempt without lawful authority to or in fact alter, deface, injure, knock down or remove an official traffic control device, a railroad sign or signal or an inscription, shield or insignia on any device, sign or signal or any part of the device, sign or signal. B. A person shall not possess a traffic preemption emitter unless the person is authorized to possess a traffic preemption emitter within the course and scope of the person's duties with a law enforcement agency, fire department, ambulance service or agency of the federal government, this state or a political subdivision of this state. C. A person who violates this section is guilty of a class 1 misdemeanor. D. For the purposes of this section, "traffic preemption emitter" means strobe, strobe light or any device that is capable of changing the display of any traffic control device used to control the movement of vehicles, bicycles or pedestrians. 28-650. Warning devices at construction sites A person, contractor or political subdivision performing work on roads, streets or highways shall post and maintain warning signs, signals, markers and barricades that are in compliance with the manual and specifications prescribed in section 28-641. These warning signs, signals, markers or barricades shall be maintained at the work site to warn those using the street, road or highway until the work is completed or until such time as the governing body authorizes removal. 28-651. Use of private property to avoid traffic control device prohibited A person shall not drive on or through any private property, road or driveway to avoid obedience to traffic rules or traffic control devices. 28-652. State highway work zones; definition A. The director shall adopt standards and specifications for the use of traffic control devices and for work zone safety and mobility in state highway work zones, including an emergency vehicle access plan as prescribed in this section. B. The standards and specifications for the use of traffic control devices adopted pursuant to subsection A of this section shall include the following: 1. The use of traffic control devices that indicate that the driver is approaching a state highway work zone and that are required to be posted at least one thousand feet before entering a state highway work zone. 2. The use of traffic control devices when workers are present in a state highway work zone that indicate that double civil penalties will be imposed for exceeding the speed limit in a state highway work zone when workers are present and that are required to be posted at least every twenty-five hundred feet within a state highway work zone. 3. The use of traffic control devices that indicate the beginning and end of a state highway work zone. 4. A requirement that the traffic control devices be removed when the preliminary engineering work or construction, repair or maintenance work is completed. C. For projects requiring a traffic management plan: 1. The standards and specifications for work zone safety and mobility adopted pursuant to subsection A of this section shall provide for consultation with stakeholders, including area law enforcement and emergency responders. 2. The director shall: (a) Establish an emergency vehicle access plan as part of the traffic management plan in consultation with area law enforcement and emergency responders. (b) Communicate the emergency vehicle access plan to area law enforcement and emergency responders by electronic mail, fax or other effective means. D. For the purposes of this section, "state highway work zone" means an area that is within a state highway right-of-way and that is subject to preliminary engineering work or construction, repair or maintenance work. 28-653. Flagger training and certification; exception A. Any individual who is stationed in a state highway work zone to provide temporary traffic control shall have completed training and be certified by a program that meets the training and certification standards of the national safety council highway flagger training program, the American traffic safety services association flagger program or an equivalent program that meets the same objectives. An equivalent program must meet the United States department of transportation federal highway administration standards for the control of traffic through highway work zones as defined in the manual on uniform traffic control devices for streets and highways. B. Flaggers shall repeat training and certification requirements at least once every four years. C. This section does not apply to law enforcement personnel who are employed by governmental entities. 28-661. Accidents involving death or physical injuries; autonomous vehicles; neighborhood occupantless electric vehicles; failure to stop; violation; classification; driver license revocation; restricted privilege to drive; alcohol or other drug screening A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall: 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene. 2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663. B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle stops at the scene of the accident or as close to the accident scene as possible and remains stopped at that location until the requirements of section 28-663 have been satisfied. C. A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony. D. A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 5 felony. E. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident. F. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section as follows: 1. For an accident resulting in serious physical injury, five years, not including any time that the person is incarcerated. 2. For an accident resulting in death, ten years, not including any time that the person is incarcerated. G. Five or more years after the revocation period has begun pursuant to subsection F, paragraph 2 of this section, not including any time that the person is incarcerated, a person may apply to the department for a restricted privilege to drive. The department may issue a restricted privilege to drive as described in section 28-144 if the department finds both of the following: 1. The person is not convicted of any offense involving the operation of a motor vehicle while the person's driving privilege is revoked. 2. The person has paid full restitution as ordered by the court. H. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection D of this section for three years. I. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening. 28-662. Accidents involving damage to vehicle; failure to stop; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification; driver license suspension; alcohol or other drug screening A. The driver of a vehicle involved in an accident on public or private property resulting only in damage to a vehicle that is driven or attended by a person shall: 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene. 2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663. 3. Make the stop without obstructing traffic more than is necessary. B. If the first vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle: 1. Immediately stops at the scene of the accident or as close to the accident scene as possible. 2. Remains stopped at or as close as possible to the scene until the requirements of section 28-663 have been satisfied. 3. Makes the stop without obstructing traffic more than necessary. C. A person failing to stop or comply with this section is guilty of a class 1 misdemeanor. D. A court may order the department to suspend the license or permit to drive and any nonresident operating privilege of a person convicted under this section for one year. If reasonable suspicion exists to believe that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the department may require the person to complete alcohol or other drug screening as a condition of license reinstatement. 28-663. Duty to give information and assistance; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification; alcohol or other drug screening A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall: 1. Give the driver's name and address and the registration number of the vehicle the driver is driving. 2. On request, exhibit the person's driver license to the person struck or the driver or occupants of or person attending a vehicle collided with. 3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person. B. If the first vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if both: 1. The vehicle owner or a person on behalf of the vehicle owner promptly contacts a law enforcement agency to report the accident or if the fully autonomous vehicle or neighborhood occupantless electric vehicle alerts a law enforcement agency to the accident. 2. The vehicle owner, a person on behalf of the vehicle owner, the fully autonomous vehicle or a neighborhood occupantless electric vehicle makes the owner's name and address and the registration number of the vehicle available to either: (a) A person struck by the vehicle. (b) The occupants of or a person attending a vehicle that is involved in the accident. C. A person who fails to comply with subsection A, paragraph 1 or 2 of this section is guilty of a class 1 misdemeanor. D. A person who fails to comply with subsection A, paragraph 3 of this section is guilty of a class 6 felony. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening. 28-664. Duty on striking unattended vehicle; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification A. The driver of a vehicle that collides with a vehicle that is unattended on public or private property shall immediately: 1. Stop. 2. Either: (a) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle. (b) In a conspicuous place in the vehicle struck, leave a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking. B. If the first vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle immediately stops and the vehicle owner or a person on behalf of the vehicle owner provides the notice prescribed in subsection A, paragraph 2 of this section. C. A person who violates this section is guilty of a class 1 misdemeanor. 28-665. Striking fixtures on a highway; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification A. The driver of a vehicle involved in an accident resulting only in damage to fixtures or other property legally on or adjacent to a highway shall: 1. Take reasonable steps to locate and notify the owner or person in charge of the property of: (a) The fact of the accident. (b) The driver's name and address. (c) The registration number of the vehicle the driver is driving. 2. On request, exhibit the driver's driver license. B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the vehicle owner or a person on behalf of the vehicle owner takes reasonable steps to notify the owner or person in charge of the property of all of the following: 1. The fact of the accident. 2. The vehicle owner's name and address. 3. The vehicle's registration number. C. A person who violates this section is guilty of a class 1 misdemeanor. 28-666. Notice of vehicle accident; autonomous vehicles; neighborhood occupantless electric vehicles A. The driver of a vehicle involved in an accident resulting in injury to or death of a person shall give notice of the accident immediately by the quickest means of communication, whether oral or written, to either: 1. The local police department if the accident occurs within a municipality. 2. The office of the county sheriff. 3. The nearest office of the highway patrol. B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the notice described in this section may be provided by the vehicle owner or a person on behalf of the vehicle owner. 28-667. Written accident report; definition A. A law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident resulting in bodily injury, death or damage to the property of any person in excess of $2,000 or the issuance of a citation shall complete a written report of the accident as follows: 1. Either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses. 2. Within twenty-four hours after completing the investigation. B. Every law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident that results in damage to the property of any person in an amount of $2,000 or less, but that does not result in the issuance of a citation or bodily injury or death, shall complete a portion of the written report of the accident. The portion of the written report shall: 1. Be completed either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses. 2. Be completed within twenty-four hours after completing the investigation. 3. Include the following minimum information: (a) The time, day, month and year of the accident. (b) Information adequate to identify the location of the accident. (c) Identifying information for all involved parties and witnesses, including name, age, sex, address, telephone number, vehicle ownership and registration and proof of insurance. (d) A narrative description of the facts of the accident, a simple diagram of the scene of the accident and the investigating officer's name, agency and identification number. C. The agency employing the officer or public employee: 1. Shall not allow a person to examine the accident report or any related investigation report or a reproduction of the accident report or a related investigation report if the request is for a commercial solicitation purpose. 2. May require a person requesting the accident or related investigative report to state under penalty of perjury that the report is not examined or copied for a commercial solicitation purpose. 3. May retain the original report. 4. Shall maintain an electronic copy of the original report if the agency elects not to retain the original report pursuant to paragraph 3 of this subsection. 5. Shall immediately forward a copy of the report to the department of transportation for its use. 6. Except as otherwise provided by law, on request shall provide a copy of the unredacted report to the following: (a) A person who is involved in the accident or the owner of a vehicle involved in the accident or a representative of the person or owner. (b) Any insurer licensed pursuant to title 20 if the report is related to an investigation into fraudulent claims, or any insurer that writes automobile liability or motor vehicle liability policies and that is both of the following: (i) Under the jurisdiction of the department of insurance and financial institutions or a self-insured entity or its agents, employees or contractors in connection with claims investigation activities, antifraud activities, rating or underwriting. (ii) An insurer of a person or vehicle involved in the accident. (c) An attorney licensed to practice law or to a licensed private investigator representing a person involved in the accident in connection with any civil, administrative or arbitration proceeding in any court or government agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation and the execution or enforcement of judgments and orders, or pursuant to a court order. (d) An insurance support organization as defined in section 20-2102 that provides services in connection with claims investigation activities, antifraud activities, rating or underwriting. D. If a request is made pursuant to subsection C, paragraph 6, subdivision (a) or (c) of this section and the accident report indicates that a criminal complaint has been issued, before the report is released the personal identifying information regarding any victim shall be redacted from the accident report pursuant to section 13-4434. E. A law enforcement agency may deny a request for a copy of an unredacted accident report if the agency determines that release of the report would be harmful to a criminal investigation. F. The department may place notes, date stamps, identifying numbers, marks or other information on the copies as needed, if they do not alter the original information reported by the investigating officer or public employee. G. Any law restricting the distribution of personal identifying information by a business entity described in subsection C, paragraph 6, subdivisions (b) and (d) of this section applies to personal identifying information contained in an accident report. If a person who receives information under this section is not otherwise subject to distribution restrictions for information contained in accident reports, the person shall not release the report or any information contained in the report except to those persons designated in subsection C, paragraph 6 of this section. H. For the purposes of this section, "commercial solicitation purpose" means a request for an accident report if there is neither: 1. A relationship between the person or the principal of the person requesting the accident report and any party involved in the accident. 2. A reason for the person to request the report other than for the purposes of soliciting a business or commercial relationship. 28-668. Accidents involving death to drivers; testing alcohol concentration A. A peace officer who investigates an accident that involves the death of one or more drivers shall promptly notify the county medical examiner of the death or deaths. If probable cause exists to believe that a deceased driver committed an alcohol related traffic offense, the county medical examiner shall test the deceased driver to determine the driver's alcohol concentration. B. If a county medical examiner has not been appointed in the county in which the accident occurs, the peace officer shall notify and secure a physician who is licensed pursuant to title 32, chapter 13, 14 or 17 or a person who is acting under the authority of a licensed physician to draw a sufficient sample of blood or other bodily substance for determining alcohol concentration. The investigating officer shall forward the sample to the department of public safety crime laboratory for analysis. C. The investigating officer shall record on the accident report required under section 28-667 the results of the test to determine the alcohol concentration of the driver or drivers. 28-669. Accident report forms A. The department shall prepare and on request supply to police departments, sheriffs and other suitable agencies forms for accident reports required under this article that are appropriate with respect to the persons required to make the reports and the purposes to be served. The written reports to be made by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, the conditions then existing and the persons and vehicles involved. B. An accident report required to be made in writing shall be made on the appropriate form approved by the department and shall contain all of the information required in the form unless it is not available. C. The department shall modify the written accident report form in conjunction with state and local law enforcement agencies, engineering agencies and emergency medical service organizations. 28-670. Accident report analysis The department: 1. Shall tabulate all accident reports. 2. May analyze all accident reports. 3. Shall publish annually or at more frequent intervals statistical information based on the accident reports as to the number and circumstances of traffic accidents. 28-671. Accident reports required by city or town Any incorporated city or town, by ordinance, may require the driver of a vehicle involved in an accident to also file with a designated city or town department a report of an accident or a copy of any report required by this article to be filed with the department. The reports are for the confidential use of the city or town department. 28-672. Causing serious physical injury or death by a moving violation; time limitation; penalties; violation; classification; definition A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the following and the violation results in an accident causing serious physical injury or death to another person: 1. Section 28-645, subsection A, paragraph 3, subdivision (a). 2. Section 28-710. 3. Section 28-729. 4. Section 28-771. 5. Section 28-772. 6. Section 28-773. 7. Section 28-792.