Ariz. Admin. Code § R17-4-404 - Driver Point Assessment; Traffic Survival Schools

A. Point assessment. The Department shall assign points to a driver, as prescribed under Table 1, Driver Point Valuation, for each violation resulting in a conviction or judgment.

B. Actions after point assessment. Under A.R.S. § 28-3306(A)(3), if a driver accumulates eight or more points in a twelvemonth period, the Department shall:

1. Order the driver to successfully complete the curriculum of a licensed traffic survival school; or

2. Suspend the driver's Arizona driver license or driving privilege.

C. Traffic survival school order of assignment. The Department or the private entity under contract with the Department shall send a dated order of assignment to traffic survival school, as prescribed under A.R.S. § 28-3318, to a driver who accumulates 8 to 12 points in a twelve-month period, and who did not complete a traffic survival school course in the previous twenty-four-month period.

1. The order of assignment shall:

a. Instruct the driver to submit any hearing request to the Department within 15 days after the date of the order of assignment; and

b. Instruct the driver that failure to successfully complete traffic survival school within 60 days after the date of the order of assignment will result in the Department issuing a six-month order of suspension.

2. The Department shall record that a driver completed traffic survival school if:

a. A licensed traffic survival school reports that the driver successfully completed the curriculum; or

b. The driver presents to the Department an original certificate of completion issued by a licensed traffic survival school, within 30 days of issuance of the certificate.

D. Suspension for failure to complete traffic survival school. The Department or the private entity under contract with the Department shall mail a driver a six-month order of suspension, as prescribed under A.R.S. § 28-3318, if the driver failed to establish completion of traffic survival school in accordance with subsection (C). The order of suspension shall:

1. Specify the period within which the driver may submit a hearing request to the Department, and

2. Specify the effective date of the suspension.

E. Suspension for accumulation of excessive points. The Department shall mail an order of suspension as prescribed under A.R.S. § 28-3318 to a driver who accumulates an excessive amount of points. The order of suspension shall:

1. Specify the length of the suspension as follows:

a. A three-month suspension for accumulation of 8 to 12 points in a twelve-month period if a traffic survival school course was successfully completed in the previous twenty-four-month period

b. A three-month suspension for accumulation of 13 to 17 points in a twelve-month period;

c. A six-month suspension for accumulation of 18 to 23 points in a twelve-month period; and

d. A twelve-month suspension for accumulation of 24 or more points in a thirty-six-month period;

2. Specify the period within which the driver may submit a hearing request to the Department; and

3. Specify the effective date of the suspension.

F.Licensed schools.

1. The Department shall assign an individual only to a traffic survival school licensed by the Director.

2. On enrollment of an individual in, or on an individual's attendance of, a traffic survival school course, a licensed traffic survival school shall collect the statutory enrollee fee, unless the individual has paid the enrollee fee in advance. The licensed traffic survival school also shall collect the records fee prescribed by A.R.S. § 28-446, if applicable, before the individual attends the traffic survival school course. The licensed traffic survival school shall fully remit these fees to the private entity under contract with the Department within four business days after an individual completes the traffic survival school course. If a licensed traffic survival school does not timely remit the enrollee fees, the Department may notify the traffic survival school that its prospective future enrollees will be required to prepay the enrollee fees until remittances are current. The amount of the enrollee fee charged by the private entity shall be negotiated by the Department and the private entity and shall be set forth in the contract.

3. Immediately following each enrollee's satisfactory completion of a traffic survival school course, a licensed traffic survival school shall electronically transmit proof of course completion to the Department for the enrollee in a manner and with the basic computer equipment prescribed by the Department and shall provide a record of satisfactory completion to the enrollee at the conclusion of class, printed from the web site of the Department's private entity contractor or the Department's website as applicable. At a minimum, the computer equipment must be able to temporarily store, and electronically transmit over the internet, the certificates of course completion required by the Department.

4. The private entity under contract with the Department may monitor the performance of any licensed traffic survival school and report results to the Department. The Department or the private entity may conduct audits and inspections the Director deems necessary to determine a licensed traffic survival school's compliance with applicable statutes and rules.

5. The private entity under contract with the Department may develop and administer a web site that allows individuals who are assigned to traffic survival school to locate and enroll in traffic survival school courses.

G. Approved curriculum. The Director shall approve, and may modify, in writing a uniform curriculum that the traffic survival school shall teach to individuals assigned to school. The curriculum shall be selected and approved on the basis of effectiveness in improving the safety and habits of drivers. Each licensed traffic survival school must use all equipment required by the Department to present the uniform curriculum to individuals assigned to the school, including a computer, a PowerPoint compatible projector, a DVD player, and a display monitor.

H. Qualified instructors. Only those persons who meet the following qualifications may be deemed qualified instructors and allowed to teach individuals assigned by the Department to licensed schools:

1. An instructor shall be a high school graduate and shall have successfully completed an examination given for qualifications of instructors by the Department.

2. An instructor shall complete a curriculum workshop approved by the Director. An instructor may be temporarily certified if the instructor successfully completes, as a student, a course using the Department approved curriculum and agrees to attend the next available curriculum workshop for complete orientation.

3. An instructor shall be at least 21 years of age, be accepted for employment by a licensed school, have a driving record clear of suspensions, revocations, and traffic survival school assignments, and be of good moral character.

I. Cancellation, suspension and revocation of licenses. After conducting a hearing, the Director may suspend, cancel or revoke a traffic survival school license or instructor license if satisfactory evidence shows that a school or instructor, individually or collectively, has failed to comply with the licensing standards provided under applicable statutes or rules, or has provided false or misleading information to the Department in either the school's or instructor's application for licensure or in response to an audit or inspection conducted pursuant to subsection (F)(4).

J. Conflict of interest. A full-time employee of the state of Arizona shall not receive any direct pecuniary payments from any fees paid by those who attend a licensed school.

Notes

Ariz. Admin. Code § R17-4-404

New Section recodified from R17-4-506 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 12 A.A.R. 4446, effective November 7, 2006 (Supp. 06-4). Amended by final rulemaking at 14 A.A.R. 839, effective March 4, 2008 (Supp. 08-1). Amended by exempt rulemaking at 29 A.A.R. 1092, effective 9/1/2015.