Driver's Licenses Authorized for Specific Circumstances.

The Department of Licensing (DOL) is authorized to issue restricted and special types of driver's licenses to individuals for specific circumstances, including occupational and temporary restricted driver's licenses.  An occupational driver's license may be issued while a person's regular driver's license has been suspended administratively by the DOL and allows the person to operate a vehicle, under certain conditions, in order to commute to work and for certain other reasons.  A temporary restricted driver's license may be issued while a person's regular driver's license has been suspended mandatorily for the commission of certain crimes and allows the person to operate a vehicle under the same conditions and for the same reasons as for an occupational driver's license.

Traffic Laws Relating to Speeding.

A driver who operates a vehicle in excess of the posted speed limit commits a traffic infraction, with certain exceptions, and is subject to a fine, which is prescribed under state court rules and varies according to the magnitude of the speed in excess of the limit.  Traffic infractions for speeding may also be issued for speed that is too fast for given roadway conditions or for certain speeds within school zones at certain times of day.  Reckless Driving, a gross misdemeanor, applies when a person drives in willful or wanton disregard for the safety of persons or property and may involve speeding.  In addition, speeding may be a factor in other vehicular crimes, such as in Vehicular Assault.

A driver following a slow-moving vehicle on a two-lane road may pass the vehicle at a speed that exceeds the speed limit, but only at such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.

Driver's License Suspensions.

The DOL must suspend a person's driver's license for a number of reasons relating to the violation of traffic laws, two of which include an accumulation of too many moving violations and a criminal conviction for Reckless Driving.  A moving violation is a traffic infraction for violating traffic laws while the vehicle is being operated.  For an accumulation of three or more moving violation infractions within a one-year period or four or more within a two-year period the DOL must suspend the person's driver's license for a period of 60 days.  In addition, the DOL must establish a period of probation for one calendar year to begin when the suspension ends.  If the person is convicted of any additional moving violations during the period of probation, the DOL must suspend the person's license for an additional 30 days for each violation and must restart the one-year probationary period with each violation.

A person who is guilty of Reckless Driving may be imprisoned for up to 364 days and fined up to $5,000.  In addition, the DOL must suspend the person's driver's license for at least 30 days. 

Intelligent Speed Assistance Devices.

An intelligent speed assistance (ISA) device is a technical device designed to be installed within a motor vehicle to actively monitor the vehicle's speed and prevent the driver from exceeding a preset limit.  Intelligent speed assistance devices employ a technology that uses a global positioning system to compare the speed of the vehicle to the posted speed limit.  Some ISA devices are programmed to include an override function to allow the vehicle to exceed the preset limit, such as for the purposes of passing slow-moving vehicles.

Motor Vehicle Manufacturers, Distributors, and Retailers.
Motor vehicle manufacturers, distributors, and retailers are regulated under state law and must be licensed by the DOL for doing business in the state.

Public Records Act.

The Public Records Act (PRA) requires state and local agencies to make all public records available for public inspection and copying unless a record falls within an exemption in the PRA or another statute that exempts or prohibits disclosure of specific information or records.

An ISA device is defined as a technical device designed to be installed within a motor vehicle to actively monitor and prevent the driver from exceeding a preset limit.  Excessive speeding is defined as operating a vehicle at 20 miles per hour (mph) or more above the speed limit, where the speed limit is greater than 40 mph, and at 10 mph or more above the speed limit, where the speed limist is 40 mph or less.

A person may not operate a motor vehicle without a properly functioning ISA device:

• if the person applies for and receives either an occupational driver's license or a temporary restricted driver's license, after having had the regular driver's license suspended either for an accumulation of moving violations, in which at least one of the violations was for excessive speeding, or for a conviction of Reckless Driving;
• during the probationary period that follows the suspension of the person's regular driver's license for either of the above reasons provided above; or
• pursuant to a court order, as a condition of pre-trial release or of post-conviction probation.

An exception to the requirement to use an ISA device is provided with respect to certain vehicles owned, leased, rented, or maintained by the person's employer.  

The ISA device must employ a technology using a global positioning system (GPS) and be programmed to limit the operation of the vehicles to no more than the speed limit, generally.  The ISA device must include an override function to allow the operator to exceed the speed limit on up to three occasions per month.  

A person who is required to use an ISA device, when operating a motor vehicle is otherwise obligated to operate the vehicle in a safe and lawful manner at all times.  The requirement to use the ISA device is not a defense or mitigating circumstance to any violation of the rules of the road.

The terms of a temporary restricted driver's license and an occupational driver's license, are each modified for applicants who are involved in certain traffic offenses.  The modified terms require the applicant to use an ISA device while operating a motor vehicle during the duration of the license. The new requirement applies to an applicant who has had the regular driver's license suspended either for an accumulation of moving violations, in which at least one of the violations was for excessive speeding, or for a conviction of Reckless Driving. 

A person who is required to use an ISA device must pay for the costs of installing, removing, and leasing the device, as well as an additional fee of $21 per month.  The DOL must deposit the additional fee to a new account, the Intelligent Speed Assistance Device Revolving Account, which is established to offset the costs of the ISA devices for indigent persons. 

Following a driver's license suspension for an accumulation of moving violations, in which at least one of the violations was for excessive speeding, a person may not operate a vehicle without an ISA device for the first 120 days of the probation period.  A violation of this requirement is a traffic infraction.  Following a driver's license suspension for a conviction of Reckless Driving, the DOL must establish a period of probation for 150 days and require the use of an ISA device during that time.  A violation of this requirement is a traffic infraction and triggers an additional 30-day suspension of the person's driver's license.  

To be eligible to install, repair, maintain, monitor, or remove an ISA device in a motor vehicle, a person must apply to the DOL.  An applicant seeking to install a device must submit a declaration that the device meets the definition of an ISA device and is programmed with GPS technology to limit the velocity of a moving vehicle to the posted speed limit, except as provided for the override function exception.  To maintain eligibility, a person must submit criminal background check results to the DOL for any individual hired to install, repair, maintain, monitor, or repair an ISA device.  The person must maintain all data collected from an ISA device securely and may not share collected data with any third parties, except regarding the installation and removal of the device, without a court order.

A person who is required to use an ISA device and tampers with the device, or directs another person to tamper with the device, is guilty of a gross misdemeanor.  Another person who knowingly assists a person who is required to use an ISA device with the tampering of the device is guilty of a gross misdemeanor.

A court may order the use of an ISA device, with respect to a criminal offense, as either a condition of pre-trial release of a defendant or of post-conviction probation.  A court must impose the use of an ISA device for not less than six months as part of probation if it finds the defendant engaged in excessive speeding during the commission of the offense.

Any data collected by an ISA device is exempt from public disclosure under the PRA.

A motor vehicle manufacturer, distributor, or dealer is not liable for any loss, injury, or damages caused by the design, manufacture, installation, improper installation, use, or misuse of an ISA device.  A lessor or lienholder may require the lessee or owner of a motor vehicle to notify the lessor or lienholder if an ISA device is installed on a motor vehicle that is subject to a lease or finance agreement.

This act may be known as the "BEAM" act.