1/5/2009 8:30:00 AM Lawmaker seeks repeal on Arizona's new license plate law ‘I think it’s a silly thing. And I do think it needs to be repealed’
By Howard Fischer Capitol Media Services
PHOENIX -- A veteran state senator wants to once again make it legal for motorists to proclaim on their license plates that they may be the world's greatest grandfather.
Sen. Jay Tibshraeny, R-Chandler, said Friday he is crafting legislation to repeal a new state law that requires the word "Arizona' to be visible on all state-issued license plates. The statute, which took effect Thursday, has resulted in making numerous vanity license plates frames illegal because their messages, ranging from proclaiming a love of golf to advertising where the car was bought, cover the state name.
Tibshraeny said no one thought much about the provision when it was first adopted, on a near-unanimous vote, in 2006.
He pointed out that Sen. Chuck Gray, R-Mesa, attached the language to a House-passed bill dealing with creating some new special license plates for the White Mountain Apache Tribe, the Arizona Diamondbacks and for an organization that supports the families of fallen police officers.
"It was kind of an obscure provision that was thrown in there,' he said. And Tibshraeny said he really didn't think about it until this week when the law took effect and motorists now find themselves subject to fines of up to $200.
"I think it's a silly thing,' he said. "And I do think it needs to be repealed.'
That move is likely to get a fight from Gray.
The former Mesa police officer told colleagues at the time that the explosion of special license plates -- like the kind the measure was creating -- has created a special problem for police officers.
Aside from those new plates, Arizona motorists can choose from a variety of other special plates to benefit various causes, ranging from preventing child abuse and supporting cancer research to helping to pay to spay and neuter pets. And the three state universities have their own plates, too.
Gray said when a police officer is trying to figure out when a vehicle is stolen, they shouldn't have to guess which state's records need to be checked.
Tibshraeny acknowledged the problem but said penalizing motorists is not the answer.
"That's kind of the Legislature's fault for approving all these special plates,' he said. And Tibshraeny said if lawmakers are concerned about law enforcement but want to keep letting groups have their own license plates "maybe they ought to just put the 'Arizona' in big fluorescent paint ... in the middle of the plate,' where it would not be hidden by a license plate frame.
Tibshraeny said a big concern is that the new violation could lead to "pretext' stops, with officers pulling motorists over solely because the name of the state is not visible. He also suggested the offense -- and the penalty -- is "a little out of whack.'
He pointed out that the fine is left up to individual justices of the peace, a figure that the state Department of Public Safety said likely ranges from $110 to $200, a fine that can be imposed even if the word "Arizona' is only partially obscured.
By contrast, Tibshraeny noted, a motorist's failure to wear a seat belt carries a maximum $10 penalty. And police are legally forbidden from stopping a vehicle solely because its adult occupants are not buckled up.
"And that's a life-threatening thing,' he said.
Tibshraeny said if he can't convince legislators to repeal the law, he has a backup plan: Leave it on the books but eliminate the fine.
While his bill is being crafted, Tibshraeny said he would hope the Department of Public Safety would instruct highway patrol officers not to cite motorists.
DPS spokesman Robert Bailey said his agency does not comment on legislation.
But Bailey said the law is in effect "and our officers can use their own discretion on the enforcement of it."
Reader Comments
Posted: Saturday, February 14, 2009
Article comment by:
Liz
I think that there is nothing wrong with this change and I also think it is necessary. We shouldn't forget that cars can and do drive out of state. Not everyone will know all of our plates. AZ has been pretty easy going about plates; there are a lot of states where you need one on the front and rear of the car.
Posted: Monday, January 12, 2009
Article comment by:
Carl Nye - Jerome
Dear Arizona Native -Arizona police have 31 different legal license plates to memorize, and perhaps only 5 have cactus. This law was designed as an easy money-maker, no doubt about it. Lose the frames!
Posted: Thursday, January 08, 2009
Article comment by:
Arizona Native
Any police officer in the state of Arizona should know the Arizona plate...they all have a cactus on them. Some are on the side some are in the middle .
Posted: Monday, January 05, 2009
Article comment by:
Carl Nye - Jerome
Do you really expect the state's police departments to ignore this easy cash cow? An officer with a fresh pad of tickets can make a couple of thousand dollars an hour (in fines) for the police department just by walking around the Wal-Mart or Safeway parking lots and writing tickets for this license plate frame infraction. This law won't go away quickly or easily when it is so attractive to the pinched police budgets around the state. Word to the wise - get rid of your license plate frames. If you simply must proclaim a message to the driver following you, use a bumper sticker (while they're still legal).
