Fight continuing over use of license plate frames

By Howard Fischer
Capitol Media Services
Published/Last Modified on Tuesday, January 6, 2009 2:32 PM MST


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.


Arizona Legislature may spend more time this session on whether the word “Arizona” has to show on license plates.

Sen. Jay Tibshraeny, RChandler, said Friday he is crafting legislation to repeal a new state law that requires the word “Arizona’’ to be visible on all stateissued 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 nearunanimous vote, in 2006.

He pointed out that Sen. Chuck Gray, RMesa, attached the language to a Housepassed 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 “And I do think it needs to be repealed.’’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 lifethreatening 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.’’

 

Comments

Write a Comment

Comment posters are responsible for the opinions they express and the accuracy of the information they provide. We urge comment writers to treat this as a public forum where manners matter. We encourage a collegial, non-insulting tone. All readers comments must be approved by our staff before posting to the Web site. They review submitted comments periodically during the day for offensive or off-topic content before posting. Be aware, in accordance with the Communications Decency Act and provisions upheld in judicial appeal, that you are responsible for comments posted on this Web site. The Douglas Dispatch is not liable for messages from third parties.

DO NOT POST:
* Potentially libelous statements or damaging innuendo.
* Obscene, explicit, or racist language.
* Personal attacks, insults or threats.
* The use of another person's real name to disguise your identity.
* Comments unrelated to the story.
* Personal Information (phone numbers, addresses, etc.)

Opinions, advice and all other information expressed in douglasdispatch.com's reader comments represent the individual's own views and not necessarily those of the Douglas Dispatch. The Douglas Dispatch does not endorse and is not responsible for statements, advice or opinions offered by anyone other than authorized Douglas Dispatch spokespersons.

Your thoughtful contribution to the online discussion is appreciated.

(optional)
   









Contact Us

Email the Editor
530 11th Street (85607)
P.O. Drawer H
Douglas, AZ 85608
tel: 520.364.3424
fax: 520.364.6750