A.R.S. tit. 28 ch. 5 — Arizona Revised Statutes Title 28 Chapter 5 — Penalties And Procedures For Vehicle Violations

28-1501. Definitions In this chapter, unless the context otherwise requires: 1. "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle. 2. "License" means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state pertaining to the licensing of persons to operate motor vehicles. 3. "Police officer" means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or for other offenses. 4. "Stop", if required, means complete cessation from movement. 5. "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. 6. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel. 28-1521. Violation; civil penalty A person who violates a provision of chapter 3 of this title or this chapter is subject to a civil penalty unless the statute defining the offense provides for a criminal classification. 28-1522. Injuring or preventing operation of vehicle; classification; emergency exception A. A person is guilty of a class 3 misdemeanor who: 1. Knowingly breaks, injures, tampers with or removes any part of a vehicle for any purpose against the will or without the consent of the owner of the vehicle. 2. In any other manner knowingly and maliciously interferes with or prevents the running or operation of the vehicle. 3. Without consent of the owner or person in charge of a vehicle, climbs into or on a vehicle with intent to commit any crime, malicious mischief or injury to the vehicle. 4. While a vehicle is stopped and unattended, knowingly either: (a) Manipulates any levers, starting crank or other starting device, brakes or other mechanism of the vehicle. (b) Sets the vehicle in motion. B. Subsection A does not apply if any of the conduct described in subsection A is committed either: 1. In an emergency in furtherance of public safety or convenience. 2. By or under the direction of an officer in the performance of the officer's duty. 28-1523. Transporting hazardous material; violation; classification A person who violates any provision of chapter 3 or 4 of this title or this chapter while operating a motor vehicle transporting a hazardous material, substance or waste that requires placarding as prescribed by department rule is guilty of a class 2 misdemeanor unless the violation is classified by law as a class 1 misdemeanor or a felony. 28-1524. Offense by person owning or controlling vehicle; classification It is a class 2 misdemeanor for the owner, or any other person, employing or otherwise directing the driver of a vehicle to require or to knowingly permit the operation of the vehicle on a highway in any manner contrary to law. 28-1525. Assessment; failure to pay fine In addition to any fine, fee, penalty or assessment authorized by law, a person who is convicted in the superior court or a justice court for a violation of this title shall pay an assessment of one hundred twenty-five dollars if a warrant for failure to pay a fine, fee, penalty or assessment imposed as a result of the conviction is issued for the arrest of the defendant. The court shall transmit the assessed monies to the county treasurer for deposit in the county general fund. The assessment is not subject to any surcharge. 28-1526. Point assessment If a person violates chapter 3 or 4 of this title, the department may assess points against the person's driving record for only one violation if multiple violations result from the same action or course of conduct. For the purposes of this section, the department shall assess the number of points for the violation that the department determines has the highest number of points. 28-1551. Parties to a crime A. A person who commits, attempts to commit, conspires to commit or aids or abets in the commission of an act declared in chapter 3 or 4 of this title or this chapter to be a crime, whether individually, in connection with one or more other persons or as a principal, agent or accessory, is guilty of the offense. B. A person who falsely, fraudulently, forcibly or wilfully induces, causes, coerces, requires, permits or directs another person to violate any provision of chapter 3 or 4 of this title or this chapter is guilty of the offense. 28-1552. Jurisdiction of municipal and justice courts A. Municipal courts and justice courts have concurrent jurisdiction over all civil and misdemeanor criminal violations of chapters 3, 4, 5, 7, 8, 9, 10, 11, 14 and 15 of this title and over class 2 and 3 misdemeanor criminal violations of chapter 25 of this title that are committed within their boundaries by persons eighteen years of age or older. B. Municipal courts and justice courts have concurrent jurisdiction over civil traffic violations committed within their boundaries by persons under eighteen years of age if the presiding judge of the superior court in the county declined jurisdiction pursuant to section 8-202. 28-1553. Hearing officers; civil traffic violations A. Subject to funding by the governing body and within their jurisdictions, justice courts may appoint hearing officers to preside over civil traffic violation cases. The appointments are subject to the concurrence of the presiding judge of the superior court in the county in which the justice court is located. B. A city or town may appoint hearing officers to preside over civil traffic violation cases. These appointments shall be made in a manner provided by ordinance of the city or town. C. Hearing officers may hear and dispose of civil traffic violation cases under the supervision of the court. The judgment of the hearing officer constitutes the judgment of the court that may be appealed to the superior court pursuant to title 22, chapter 2, article 4. 28-1554. Disposition of fees, fines, forfeitures and civil penalties A. All fees, fines, forfeitures and civil penalties imposed and collected by the municipal courts in the exercise of their concurrent jurisdiction shall be retained by and inure to the benefit of the city or town in which the municipal court is located. B. All fees, fines, forfeitures and civil penalties imposed and collected by the justice court shall be retained by and inure to the benefit of the county in which the court is located. 28-1555. Traffic violation charge; juveniles A. A court shall not dispose of a moving traffic violation charge arising from the issuance of a traffic citation to a juvenile under eighteen years of age unless a parent or guardian of the juvenile appears in court with the juvenile at the time of the disposition of the charge. B. If unusual circumstances prevent the appearance of the parent or guardian, the court may waive the appearance and shall send written notice to the parent or guardian, if known, advising the parent or guardian of the charge and its disposition. 28-1556. Applicability of procedures; arrest without warrant A. Sections 28-1524 and 28-1551 through 28-1554 govern all police officers in making arrests without a warrant for violations of chapters 3 and 4 of this title and this chapter. The procedure prescribed in this article is not exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade. B. For a criminal offense alleged to have been committed in violation of this title and for which an officer is not authorized to arrest without a warrant, the officer may present the alleged violation before a magistrate in the same manner as any other misdemeanor and may proceed either under a warrant of arrest or a summons and notice to appear. 28-1557. Traffic complaint form; use of social security number prohibited A. Each traffic enforcement agency in this state shall use a uniform traffic ticket and complaint form for traffic complaints pursuant to the rules of procedure in traffic cases adopted by the supreme court of Arizona that is issued in books meeting the requirements of this article. B. Each traffic complaint shall contain the following notice: 1. If you fail to appear as directed in this complaint on a criminal charge, a warrant will be issued for your arrest and your license will be suspended. 2. If you fail to appear as directed in this complaint on a civil traffic violation: (a) A default judgment will be entered against you. (b) A civil penalty will be imposed. (c) Your license or nonresident operating privilege will be suspended until the civil penalty is paid. C. The chief administrative officer of each traffic enforcement agency: 1. Is responsible for the issuance of the books. 2. Shall maintain a record of every book and each complaint contained in the book issued to individual members of the traffic enforcement agency. 3. Shall require and retain a receipt for each issued book. D. A traffic complaint that is issued to an individual shall not contain a person's social security number. This subsection does not apply to copies of the traffic complaint that are retained by law enforcement and the courts. 28-1558. Traffic complaints; disposition; records A. On issuing a traffic complaint to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town, each traffic enforcement officer shall deposit the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau. B. On the deposit of the original or a copy of the traffic complaint with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the original or copy of the traffic complaint may be disposed of only by trial in the court or other official action by a judge of the court or a hearing officer, including forfeiture of the bail or by the deposit of sufficient bail with or payment of a fine or civil penalty to the traffic violations bureau by the person to whom the traffic complaint was issued. C. It is unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic complaint or copies of a traffic complaint or of the record of the issuance of the complaint or copies in a manner other than as required by this article. D. The chief administrative officer of each traffic enforcement agency shall require the return to the chief administrative officer of: 1. A copy of each traffic complaint issued by an officer under the chief administrative officer's supervision to an alleged violator of any traffic law or ordinance. 2. All copies of each traffic complaint that is spoiled or on which any entry has been made and not issued to an alleged violator. 28-1559. Traffic case records; abstract of record; reports A. Each magistrate, judge or hearing officer of a court shall: 1. Keep or cause to be kept a record of each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau. 2. Keep a record of each official action by the court or its traffic violations bureau in reference to each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau, including but not limited to a record of: (a) Each conviction, forfeiture of bail or deposit, judgment of acquittal or civil adjudication. (b) The amount of the civil penalty, fine or forfeiture resulting from each traffic complaint deposited with or presented to the court or traffic violations bureau. B. Within ten days after the conviction, judgment or forfeiture of bail or deposit of a person on a charge of violating chapter 3 or 4 of this title or this chapter or any other law regulating the operation of vehicles on highways, each magistrate of the court or clerk of the court of record in which the conviction or judgment was had or bail or deposit was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person either: 1. Was convicted. 2. Was adjudicated to have committed a civil traffic violation. 3. Forfeited bail or deposit. C. The person required to prepare the abstract shall certify that it is true and correct. D. A report is not required for a conviction or civil adjudication involving the illegal parking or standing of a vehicle. E. The abstract shall be made on a form furnished or in a manner prescribed by the department and shall include: 1. The name and address of the party charged. 2. The number, if any, of the driver license of the party charged. 3. The registration number of the vehicle involved. 4. The nature of the offense or civil traffic violation. 5. The date of the hearing, the plea, the judgment or whether bail or deposit was forfeited. 6. The amount of the fine, civil penalty or forfeiture. F. Each court of record shall also forward a like report to the department on the conviction of a person of homicide or aggravated assault resulting from the operation of a motor vehicle or any other felony in the commission of which a motor vehicle was used. To facilitate the preparation of the report, the sentencing minute entry that is issued by the court shall indicate if the person was convicted of an offense that required the mandatory revocation of a driver license pursuant to section 28-3304, subsection A, paragraph 1, 2, 3, 4 or 5. G. The department shall keep all abstracts received under this section for inspection as required by law. H. Each judge, referee, hearing officer, probation officer or other person responsible for the disposition of cases involving traffic offenses or civil violations committed by persons under eighteen years of age shall: 1. Keep a full record of each case in which the person is charged with a violation of chapter 3 or 4 of this title or this chapter or any other law regulating the operation of vehicles on highways. 2. Report the offense or civil violation to the department at its office in Phoenix not more than thirty days after the date of conviction or of finding of responsibility, except that a report is not required for parking violations or if it is found that the offense or civil violation was not committed. I. The report required by subsection H of this section shall: 1. Be made on a form furnished or in a manner prescribed by the department. 2. Contain: (a) All necessary information as to the identity of the offender. (b) The citing or arresting agency. (c) The date and nature of the offense or civil violation. (d) The date of the hearing, the plea, the judgment or whether bail or deposit was forfeited. (e) The amount of the fine, civil penalty or forfeiture. J. Failure, refusal or neglect of a judicial officer to comply with this section is misconduct in office and grounds for removal from office. K. Notwithstanding any other law, the department may not take administrative action against a person's driving privilege or a vehicle's registration if a judicial officer reports a conviction or finding of responsibility to the department more than five years after the date of conviction or finding of responsibility. 28-1560. Illegal cancellation of traffic citation; classification; audit A. A person who cancels any traffic citation, in any manner other than as provided in this article or the nonresident violator compact adopted by chapter 6, article 4 of this title, is guilty of a class 3 misdemeanor. B. The appropriate fiscal officer of the governmental agency to which the traffic enforcement agency is responsible shall audit monthly the records of traffic citations required in this article. Audit procedures shall be sufficient to assure proper accountability for traffic citation records. 28-1561. Certification of uniform traffic complaint forms; false certification A. Uniform traffic complaint forms need not be sworn to if they contain a form of certification by the issuing officer in substance as follows: "I hereby certify that I have reasonable grounds to believe and do believe that the person named herein committed the offense or civil violation described herein contrary to law." B. A false certification under the provisions of subsection A is perjury. 28-1591. Traffic violations; civil matters; service A. A violation of a statute relating to traffic movement and control, including a statute governing parking or standing requirements, shall be treated as a civil matter as provided in chapter 3 of this title or this chapter, unless the statute provides for a different classification as a criminal offense. B. This article does not require that either the initial notification or a subsequent summons and complaint for a parking or standing violation be issued or served as required by this article. C. If it is necessary to issue a summons and complaint because there is not a satisfactory response to the initial notice of a parking or standing violation, the summons and complaint may be sent by regular mail to the address provided to the department by the individual made responsible for the alleged violation by the applicable statute or ordinance. Service of the summons and complaint is complete on mailing. 28-1592. Commencement of action; original citation changes A. A civil traffic violation case is commenced by issuance or filing of a uniform traffic ticket and complaint as provided in this article. B. A civil traffic violation case shall be commenced as follows: 1. If a case is commenced by issuance, it shall be issued within sixty days after the alleged violation. 2. If the case is commenced by filing, it shall be filed within sixty days after the alleged violation and shall be served within ninety days after the filing date. 3. Except as provided in paragraph 4 of this subsection, within one hundred eighty days after the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident. 4. Within one year after the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident resulting in death. C. On an original citation, if a peace officer or duly authorized traffic agent changes the date, time or location of the violation or the section of law that is allegedly violated, the original citation must be amended through the court pursuant to the Arizona rules of civil traffic and civil boating violations. 28-1593. Service of uniform traffic ticket and complaint A. A traffic complaint may be served by delivering a copy of the uniform traffic ticket and complaint to the person charged with the violation or by any means authorized by the Arizona rules of civil procedure. At the discretion of the issuing authority, a complaint for a violation issued after an investigation in conjunction with a traffic accident may be sent by certified mail, return receipt requested and delivered to addressee only, to the address provided by the person charged with the violation. Service of the complaint is complete on filing the receipt in the court having jurisdiction of the violation. B. The original complaint shall be filed in a court having jurisdiction of the violation within ten court days of the time the complaint was issued. A peace officer, or duly authorized agent or someone paid to act on behalf of a traffic enforcement agency, may issue the traffic complaint. 28-1594. Authority to detain persons A peace officer or duly authorized agent of a traffic enforcement agency may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of this title and to serve a copy of the traffic complaint for an alleged civil or criminal violation of this title. 28-1595. Failure to stop or provide driver license or evidence of identity; violation; classification A. The operator of a motor vehicle who knowingly fails or refuses to bring the operator's motor vehicle to a stop after being given a visual or audible signal or instruction by a peace officer or duly authorized agent of a traffic enforcement agency is guilty of a class 2 misdemeanor. B. After stopping as required by subsection A of this section, the operator of a motor vehicle who fails or refuses to exhibit the operator's driver license as required by section 28-3169 or a driver who is not licensed and who fails or refuses to provide evidence of the driver's identity on request is guilty of a class 2 misdemeanor. The evidence of identity that is presented shall contain all of the following information: 1. The driver's full name. 2. The driver's date of birth. 3. The driver's residence address. 4. A brief physical description of the driver, including the driver's sex, weight, height and eye and hair color. 5. The driver's signature. C. A person other than the driver of a motor vehicle who fails or refuses to provide evidence of the person's identity to a peace officer or a duly authorized agent of a traffic enforcement agency on request, when such officer or agent has reasonable cause to believe the person has committed a violation of this title, is guilty of a class 2 misdemeanor. D. A peace officer or duly authorized agent of a traffic enforcement agency may give the signal or instruction required by subsection A of this section by hand, emergency light, voice, whistle or siren. E. A person shall not be convicted of a violation of subsection B of this section if the person provided evidence of identity required by subsection B, paragraphs 1 through 5 of this section and produces to the court a legible driver license or an authorized duplicate of the license that is issued to the person and that was valid at the time the violation of subsection B of this section occurred. 28-1596. Traffic complaint; proceedings A. A person served with a civil traffic complaint shall: 1. Appear at the time and place stated in the complaint, or may appear before the time, if so authorized by the court, and on the directions contained in the complaint. 2. Admit or deny the allegations of the complaint. B. Allegations not denied at the time of appearance are deemed admitted. A fee shall not be charged for the appearance. C. If the allegations are admitted, the court shall enter judgment for the state and shall impose a civil penalty. The person may admit the allegations with an explanation, and then the court shall enter judgment for the state and impose a civil penalty. In determining the civil penalty, the court shall consider the explanation submitted. D. If the person denies the allegations of the complaint the court shall set the matter for a hearing. The hearing is informal and without a jury. At the hearing, the state is required to prove the violation charged by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. If the person elects to be represented by counsel the person shall notify the court at least ten days before the hearing date. Hearings may be recorded. If the court finds in favor of the person, the court shall enter an order dismissing the allegation. If the court finds in favor of the state, the court shall enter judgment for the state and shall impose a civil penalty. E. If a resident of this state served with a civil traffic complaint alleging a violation of this title or if a nonresident served with a civil traffic complaint requiring suspension or revocation of a driver license under the laws of this state fails to appear at or before the time directed to appear or at the time set for a hearing by the court, the allegations in the complaint are deemed admitted, and the court shall enter judgment for this state, impose a civil penalty and report the judgment to the department. F. A nonresident may satisfy the complaint served under subsection A by complying with the nonresident violator compact adopted by chapter 6, article 4 of this title, if applicable. G. If a nonresident who is served with a civil traffic complaint that does not require a suspension or revocation of the nonresident's driver license pursuant to the laws of this state fails to appear at or before the time directed to appear or at the time set for a hearing by the court, the court shall report the nonappearance to the department pursuant to the provisions of the nonresident violator compact adopted by chapter 6, article 4 of this title. 28-1597. Witnesses; nonapplicability of rules of civil procedure A. The state and the person charged with a civil traffic violation may subpoena witnesses as provided by section 13-4072. Witnesses are not entitled to fees for appearing in connection with a civil violation proceeding. B. Except as otherwise provided in chapter 3 of this title or this chapter, the rules of civil procedure do not apply. 28-1598. Maximum civil penalty Except as otherwise provided, a civil penalty imposed pursuant to this article shall not exceed two hundred fifty dollars. In addition, the court shall levy surcharges pursuant to sections 12-116.01 and 12-116.02. 28-1599. Admission; evidence of negligence An admission of the allegation of a civil traffic complaint or a judgment on the complaint is not evidence of negligence in a civil or criminal proceeding that is not authorized by chapter 3 of this title or this chapter. 28-1600. Appeal A. A party may appeal the judgment of the court. The appeal may be to the superior court in the same manner as provided by rules adopted by the supreme court. If the appeal is granted, the court shall report the stay of enforcement of the judgment to the department. On receipt of the report, the department may not pursue any administrative action related to the judgment issued by the court until the stay is lifted or the judgment is affirmed by an appellate court. B. The posting of an appeal bond stays enforcement of the judgment. C. Commissioners of the superior court may hear and determine appeals. 28-1601. Failure to pay civil penalty; suspension or restriction of driving privilege; collection procedure A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty, surcharge or assessment due. B. Notwithstanding subsection A of this section, if a civil penalty is paid on entry of judgment, the court may reduce the civil penalty by up to five percent of the penalty imposed. C. Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following apply: 1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty-six months before the court initiates collection proceedings. 2. The court does not have a paper or electronic record dated within thirty-six months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due. 3. The court has not notified either the responsible person or the department about the court's request to the department to refuse to renew the responsible person's vehicle registration pursuant to article 5 of this chapter. 4. The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments. D. If the court is prohibited from initiating collection procedures on an unpaid civil penalty and from notifying the department to refuse to renew a vehicle registration, pursuant to subsection C of this section, the court shall notify the department and the department shall remove the violation from the person's driving record. E. With the approval of the supreme court, the presiding judge of any court may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties, assessments and surcharges. Notwithstanding any other law, except a fine ordered as a result of a violation of section 28-1381 or 28-1382, the program may include authorizing up to a fifty percent reduction in the total amount of a court ordered fine, penalty, assessment or surcharge that is due and that is delinquent for at least twelve months followed by an increased enforcement effort for a fine, penalty, assessment or surcharge that is not paid. The supreme court shall adopt rules of procedure for the programs. F. If penalties are reduced pursuant to subsection E of this section, associated surcharges and assessments shall be reduced in proportion to the reduction. This subsection does not apply to section 12-116. G. If a person presents reasonable evidence to the court that a civil penalty and any other fees, fines, assessments or surcharges required by the court have been paid, the court shall cease its collection activities for that civil penalty and order the department to immediately rescind its actions related to the court's order or request to refuse to renew the person's vehicle registration pursuant to article 5 of this chapter. 28-1602. Photo enforcement violations; law enforcement review; violation; classification; service of process; no duty to identify photo or respond; definitions A. Notwithstanding any other law, if a person receives a notice of violation in the mail for a violation of chapter 3, article 3 or 6 of this title 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, the person does not have to do either of the following: 1. Identify who is in the photo. 2. Respond to the notice of violation. B. The notice of violation must state the following: 1. The notice is not a court issued document and the recipient is under no obligation to identify the person or respond to the notice. 2. Failure to respond to the notice may result in official service that may result in an additional fee being levied. C. Before a citation is issued, a law enforcement agency must review evidence that is recorded by a photo enforcement system to determine whether a violation of chapter 3, article 3 or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device occurred. D. A photo enforcement company may not determine whether a violation of chapter 3, article 3 or 6 of this title occurred for the purpose of the issuance of a citation. A violation of this subsection is a class 1 misdemeanor. E. In addition to any other means authorized by the Arizona rules of civil procedure, alternative service of process must be sent by certified mail with an additional copy by regular mail and a notice must be posted on the front door of the business or residence and, if present and accessible, a residence's garage door. Service of the complaint is complete on filing the mailing receipt and proof of posting in the court having jurisdiction of the violation. Notwithstanding any other law, a person's driving privileges may not be suspended or revoked as a result of a citation that is served by alternative service of process under this subsection. F. If a law enforcement agency issues a citation as a result of a photo enforcement system and serves the citation in a manner other than what is prescribed by section 28-1593, subsection A, the agency shall inform the person that there is no obligation to identify the driver or respond to the citation. Failure to respond to the citation will result in the probability that the person will be formally served pursuant to state law and the Arizona rules of civil procedure which will likely result in the person being required to pay the cost of the service. G. For the purposes of this section: 1. "Notice of violation" means a notice issued by a photo enforcement company or municipality that is not a uniform traffic ticket and complaint. 2. "Photo enforcement system" has the same meaning prescribed in section 28-601. 28-1603. Civil penalty mitigation or waiver A. Notwithstanding any other law, a judge may mitigate or waive any civil penalty that is required under chapters 3, 5, 7, 8 and 9 of this title if the person who is ordered to pay the penalty demonstrates that the payment would be a hardship on the person or on the person's immediate family. B. In determining whether to mitigate a civil penalty, the court may consider any relevant information, including any of the following: 1. The civil penalty's impact on the person's ability to pay restitution. 2. Whether the civil penalty would constitute a financial hardship to the person or the person's immediate family. 3. Whether the person receives temporary assistance for needy families pursuant to 42 United States Code section 603 or supplemental nutrition assistance pursuant to 7 United States Code sections 2011 through 2036c. 4. Whether the person receives benefits pursuant to the supplemental security income program (42 United States Code sections 1381 through 1383f). 5. Whether the person is legally authorized to be employed and is seeking, obtaining or maintaining employment or is attending school. C. This section does not apply to the surcharge imposed and collected pursuant to section 16-954, subsection A. 28-1604. Community restitution in lieu of monetary obligation; definition A. Notwithstanding any other law, if a monetary obligation is imposed on a person at sentencing, on the person's request the court may order the person to perform community restitution in lieu of the payment of the monetary obligation. The court shall determine the location where the community restitution is performed. The court shall credit any community restitution performed at a rate that is equal to the minimum wage prescribed by section 23-363, subsections A and B, rounded up to the nearest dollar. B. For the purposes of this section, "monetary obligation" means a civil penalty, a surcharge, an assessment or a fee except for a fee imposed pursuant to section 12-116. 28-1630. Definitions For the purposes of this article, unless the context otherwise requires: 1. "Monetary obligations" includes fines, fees, penalties, court costs, surcharges, restitution, assessments and penalty enhancements. 2. "Restitution" means restitution ordered pursuant to section 13-603, subsection C. Restitution does not include an amount ordered pursuant to section 13-804, subsection F. 28-1631. Traffic ticket enforcement assistance program; establishment A. The department shall establish procedures to: 1. Assist the courts and political subdivisions of this state to collect delinquent monetary obligations imposed for violations of title 5, chapter 3 and for civil and criminal traffic violations. 2. Assist in the enforcement of criminal traffic failure to appear offenses. B. The program established by this article shall not include collection of delinquent parking tickets. 28-1632. Refusal to renew registration; fees A. On proper notification by a court or political subdivision pursuant to section 28-1633, the department shall refuse to renew the registration of a vehicle if either: 1. A registered owner of a vehicle is delinquent in paying a monetary obligation for a violation of title 5, chapter 3 or for a civil or criminal traffic violation. 2. A registered owner fails to appear in a criminal traffic case. B. The court or political subdivision shall make at least two attempts to collect the monies owed by an individual or organization before notifying the department to send notice by first class mail to all registered owners of the vehicle listed on the department's records that the court or political subdivision is notifying the department to refuse to renew the vehicle registration due to a registered owner's delinquency in paying a monetary fine or failure to appear pursuant to subsection A of this section. C. The department may charge a court or political subdivision that chooses to participate in this program a fee that is payable to the department by the court or political subdivision to cover the costs of processing the documents to notify all registered owners that the vehicle registration will not be renewed. The department shall deposit, pursuant to sections 35-146 and 35-147, these fees in the state highway fund established by section 28-6991. D. The fees charged by the department to the courts or political subdivisions of this state for processing the documents to notify the registered owner that it is not renewing a person's vehicle registration shall be paid at the same time as the registered owner's outstanding fine or penalty or as part of the penalty for the failure to appear offense for which the vehicle registration was not renewed. E. This article does not prohibit the department from imposing and collecting additional fees authorized by law. 28-1633. Contracts A. A court or political subdivision of this state may contract with the department to: 1. Provide electronic data access of department records to facilitate documentation of unpaid monetary obligations for violations of title 5, chapter 3 and for civil and criminal traffic violations and for failure to appear in criminal traffic cases. 2. Refuse to renew a motor vehicle registration until the court or political subdivision notifies the department in a form prescribed by the director that either: (a) The unpaid monies due on the violation for which a vehicle registration was not renewed have been paid. (b) The unpaid monies are no longer delinquent. (c) The registered owner charged with the criminal traffic offense appeared in court for the criminal traffic offense for which the vehicle registration was not renewed. (d) A waiver was issued under section 28-1635. 3. Collect the unpaid monies on behalf of the court or political subdivision under terms and conditions prescribed by the contract. B. A court that is not authorized by law to contract directly with the department shall seek the approval of the appropriate funding authority before entering into a contract with the department. C. The director shall implement the electronic access authorized by this section only if the director determines the system proposed by the court or political subdivision is fully compatible with the existing and anticipated systems of the department. D. An agreement may be executed pursuant to this section only if all of the following conditions are met: 1. The planning, implementation and operation of the system are at no expense to the department. 2. The court or political subdivision both: (a) Ensures that its system is compatible with state systems and those of participating courts or political subdivisions. (b) Agrees that it will bear all current and future expenses necessary to ensure compatibility of its system with the state system. 3. The court or political subdivision assumes all financial, technical and legal risks associated with electronic access of department records through its system. E. The department, court or political subdivision may contract with nongovernmental agencies or private sector businesses to perform any of the acts authorized by this section, except that the department shall mail the notice to all registered owners at the most recent address for each registered owner known to the department that the vehicle registration will not be renewed. 28-1634. Registration allowed A. The department shall allow registration of the vehicle if it receives the form prescribed by the director pursuant to section 28-1633 from the court or political subdivision that requested the department not to register the motor vehicle. B. The department shall not refuse to register a vehicle under this article if there is a transfer of ownership of the vehicle involved to a bona fide purchaser. For purposes of this subsection, "bona fide purchaser" means a purchaser who buys a vehicle in good faith and without knowledge that the seller's right to renew the vehicle registration has been refused pursuant to this article. 28-1635. Waiver A. On proper application, the court may waive its right pursuant to this article to request the department to refuse to renew the vehicle registration of a registered owner who is delinquent in paying a fine or penalty for a violation subject to this article, if both: 1. Nonrenewal of the vehicle registration would pose an economic hardship on the registered owner or the registered owner's immediate family. 2. The failure to pay is not due to an intentional refusal to obey the order of the court or an intentional refusal to make a good faith effort to obtain the monies required for the payment. B. Except for the person subject to the monetary obligation pursuant to this article, any person who is identified on the records of the department as an owner of a vehicle subject to refusal to renew a vehicle registration pursuant to this article may file a sworn petition in any court where a citation was issued that resulted in the request to refuse to renew a vehicle registration requesting the court waive the court’s right to refuse the vehicle registration renewal on at least one vehicle the person owns. If the person does not live within the jurisdiction of the court, the court shall not require the person to appear personally. The court may rule based upon the petition, or if the court wishes to hear oral argument and the person does not live within the jurisdiction of the court, the court shall permit the person to appear telephonically. C. If the court determines the registered owner making the request is not the person responsible for the alleged violation or failure to appear that results in the court's notification to the department to refuse to renew the vehicle registration, the court may waive its right to request that the department refuse to renew a vehicle registration. D. If the court grants a request pursuant to subsection C of this section, the court shall provide written documentation to the person making the request or may electronically notify the department that the department may issue a vehicle registration to the registered owner named in the document for the vehicle listed in the document. 28-1636. Rules A. The supreme court shall adopt rules or procedures necessary for the courts to carry out this article including the time periods during which persons who are responsible for payment of monetary obligations and are subject to this article shall pay all monetary obligations before a court or political subdivision may request the department to refuse to renew the registration of the person's vehicle. B. In adopting rules or procedures prescribing the time periods during which persons who are subject to this article shall pay all monetary obligations, the supreme court shall consider the economic circumstances of registered owners. 28-1651. Applicability A. This article applies to an individual who displays to a law enforcement officer a driver license issued by the United States department of state or who otherwise claims immunities or privileges under 22 United States Code sections 254a through 258a with respect to either of the following: 1. The individual's violation of section 13-1102, section 13-1103, section 13-1104, subsection A, paragraph 3 or section 13-1204, subsection A, paragraph 1 or 2 arising from an act that was committed while driving a motor vehicle. 2. A moving violation under this title or an ordinance or regulation of a local authority. B. This article does not prohibit or limit the application of any law to a criminal or motor vehicle violation by an individual who has or claims immunities or privileges under 22 United States Code sections 254a through 258a. 28-1652. Law enforcement officer duties If a driver who is subject to this article is stopped by a law enforcement officer who has probable cause to believe that the driver has committed a violation described in this article, the law enforcement officer shall do all of the following: 1. As soon as practicable contact the United States department of state in order to verify the driver's status and immunity, if any. 2. Record all relevant information from any driver license or identification card, including a driver license or identification card issued by the United States department of state. 3. Within five working days after the date the officer stops the driver, forward all of the following to the department of public safety: (a) If the driver is involved in a vehicle accident, the vehicle accident report. (b) If a citation or other charging document was issued to the driver, a copy of the citation or other charging document. (c) If a citation or other charging document was not issued to the driver, a written report of the incident. 28-1653. Documents and records The department of public safety shall: 1. File each vehicle accident report, citation or other charging document and incident report that the department of public safety receives pursuant to this article. 2. Keep convenient records or make suitable notations showing each: (a) Conviction. (b) Finding of responsibility. (c) Vehicle accident. 28-1654. Department of state Within five working days after receipt, the department of public safety shall send a copy of each document and record described in section 28-1653 to the bureau of diplomatic security, office of foreign missions, of the United States department of state.