A.R.S. 28-904
Driving on sidewalk
A. A person shall not drive a vehicle on a sidewalk area except on a permanent or duly authorized temporary driveway.
B. This section does not apply to a motorized wheelchair, electric personal assistive mobility device, authorized emergency vehicle, security vehicle owned by this state or small service vehicle owned by this state or a political subdivision of this state.
Comment: Most vehicles can't drive on a sidewalk because of the obvious risk of pedestrian accidents.
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A.R.S. 28-905
Opening vehicle door
A person shall not open a door on a motor vehicle unless it is reasonably safe to do so and can be done without interfering with the movement of other traffic. A person shall not leave a door open on a side of a motor vehicle exposed to moving traffic for a period of time longer than necessary to load or unload a passenger.
Comment: This is just another statute indicating how to properly use your vehicle to avoid accidents and liability.
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A.R.S. 28-907
Child passenger restraint system; civil penalty; exemptions; notice; child passenger restraint fund; definitions
A. Except as provided in subsection G of this section, a person shall not operate a motor vehicle on the highways in this state when transporting a child who is under five years of age unless that child is properly secured in a child passenger restraint system.
B. The department shall adopt standards in accordance with 49 Code of Federal Regulations section 571.213 for the performance, design and installation of child passenger restraint systems for use in motor vehicles as prescribed in this section.
C. A person who violates this section is subject to a civil penalty of fifty dollars, except that a civil penalty shall not be imposed if the person makes a sufficient showing that the motor vehicle has been subsequently equipped with a child passenger restraint system that meets the standards adopted pursuant to subsection B of this section. A sufficient showing may include a receipt mailed to the appropriate court officer that evidences purchase or acquisition of a child passenger restraint system. The court imposing and collecting the civil penalty shall deposit, pursuant to sections 35-146 and 35-147, the monies, exclusive of any assessments imposed pursuant to sections 12-116.01 and 12-116.02, in the child passenger restraint fund.
D. If a law enforcement officer stops a vehicle for an apparent violation of this section, the officer shall determine from the driver whether the unrestrained child or children in the vehicle are under five years of age.
E. If the information given to the officer indicates that a violation of this section has not been committed, the officer shall not detain the vehicle any further unless some additional violation is involved. The stopping of a vehicle for an apparent or actual violation of this section is not probable cause for the search or seizure of the vehicle unless there is probable cause for another violation of law.
F. The requirements of this section or evidence of a violation of this section are not admissible as evidence in a judicial proceeding except in a judicial proceeding for a violation of this section.
G. This section does not apply to any of the following:
1. A person who operates a motor vehicle that was originally manufactured without passenger restraint devices.
2. A person who operates a motor vehicle that is also a recreational vehicle as defined in section 41-2142.
3. A person who operates a commercial motor vehicle and who holds a current commercial driver license issued pursuant to chapter 8 of this title.
4. A person who must transport a child in an emergency to obtain necessary medical care.
5. A person who transports more than one child under five years of age in a motor vehicle that because of the restricted size of the passenger area does not provide sufficient area for the required number of child passenger restraint devices, if both of the following conditions are met:
(a) At least one child is restrained as required by this section.
(b) The person has secured as many of the other children in child passenger restraint devices pursuant to this section as is reasonable given the restricted size of the passenger area and the number of passengers being transported in the motor vehicle.
H. Before the release of any newly born child from a hospital, the hospital in conjunction with the attending physician shall provide the parents of the child with a copy of this section and information with regard to the availability of loaner or rental programs for child passenger restraint devices that may be available in the community where the child is born.
I. A child passenger restraint fund is established. The fund consists of all civil penalties deposited pursuant to this section and any monies donated by the public. The department of economic security shall administer the fund.
J. The department of economic security shall purchase child passenger restraint systems that meet the requirements of this section from monies deposited in the fund. If a responsible agency requests child passenger restraint systems and if they are available, the department of economic security shall distribute child passenger restraint systems to the requesting responsible agency.
K. On the application of a person to a responsible agency on a finding by the responsible agency to which the application was made that the applicant is unable to acquire a child passenger restraint system because the person is indigent and subject to availability, the responsible agency shall loan the applicant a child passenger restraint system at no charge for as long as the applicant has a need to transport a child who is subject to this section.
L. Monies in the child passenger restraint fund shall not exceed twenty thousand dollars. All monies collected over the twenty thousand dollar limit shall be deposited in the Arizona highway user revenue fund established by section 28-6533.
M. For the purposes of this section:
1. "Indigent" means a person who is defined as an eligible person pursuant to section 36-2901.01.
2. "Responsible agency" means a licensed hospital, a public or private agency providing shelter services to victims of domestic violence, a public or private agency providing shelter services to homeless families or a health clinic.
Comment: Any child under 5 years old must be in a child seat if they are riding in a vehicle or automobile on an Arizona highways or roads.
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A.R.S. 28-909
Vehicle restraints required; exceptions; civil penalty
A. Each front seat occupant of a motor vehicle that is designed for carrying ten or fewer passengers, that is manufactured for the model year 1972 and thereafter and that is required to be equipped with an integrated lap and shoulder belt or a lap belt pursuant to the federal motor vehicle safety standards prescribed in 49 Code of Federal Regulations section 571.208 shall either:
1. Have the lap and shoulder belt properly adjusted and fastened while the vehicle is in motion.
2. If only a lap belt is installed where the occupant is sitting, have the lap belt properly adjusted and fastened while the vehicle is in motion.
B. The operator of a motor vehicle that is designed for carrying ten or fewer passengers, that is manufactured for the model year 1972 and thereafter and that is required to be equipped with an integrated lap and shoulder belt or a lap belt pursuant to the federal motor vehicle safety standards prescribed in 49 Code of Federal Regulations section 571.208 shall require each passenger under sixteen years of age to either:
1. Have the lap and shoulder belt properly adjusted and fastened while the vehicle is in motion.
2. If only a lap belt is installed where the passenger is sitting, have the lap belt properly adjusted and fastened while the vehicle is in motion.
C. A peace officer shall not stop or issue a citation to a person operating a motor vehicle on a highway in this state for a violation of this section unless the peace officer has reasonable cause to believe there is another alleged violation of a motor vehicle law of this state.
D. If a person is found responsible for a civil traffic violation under this section, a department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked. A court shall not transmit abstracts of records of violations of this section to the department.
E. An insurer shall not consider a civil traffic violation under this section as a traffic violation against the person for the purposes of establishing rates for motor vehicle liability insurance or determining the insurability of the person. An insurer shall not cancel or refuse to renew any policy of insurance because of the violation.
F. This section does not apply to:
1. A child subject to the requirements of section 28-907.
2. A person possessing a written statement from a physician or a registered nurse practitioner that the person is unable for medical or psychological reasons to wear a lap and shoulder belt or a lap belt.
3. A letter carrier of the United States postal service while the letter carrier is performing the letter carrier's duties.
G. If a person is found responsible for a civil traffic violation under this section, the person is subject to a maximum civil penalty of ten dollars for each violation.
Comment: This is essentially an Arizona seat belt requirement statute. Note that an insurance company can't penalize someone for not wearing a seat belt in setting rates or for policy renewals. However if there is an civil case involving an auto accident, it will reduce a person's compensation if he/she was not wearing a seat belt.
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