FEMA_-_37218_-_Resident_pushing_a_car_through_flood_waters_in_Texas

The "stupid motorist law" is a law in the

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...

Arizona Arizona is a U.S. state, state in the Southwestern United States, Southwestern region of the United States, sharing the Four Corners region of the western United States with Colorado, New Mexico, and Utah. It also borders Nevada to the nort ...

that states that any motorist who becomes stranded after driving around barricades to enter a flooded stretch of roadway may be charged for the cost of their rescue. The law corresponds to section 28-910 of the Arizona Revised Statutes. If public emergency services (such as a

fire department A fire department (North American English) or fire brigade (English in the Commonwealth of Nations, Commonwealth English), also known as a fire company, fire authority, fire district, fire and rescue, or fire service in some areas, is an organi ...

paramedic A paramedic is a healthcare professional trained in the medical model, whose main role has historically been to respond to emergency calls for medical help outside of a hospital. Paramedics work as part of the emergency medical services (EMS), ...

s) are called to rescue a flooded motorist and tow the vehicle out of danger in Arizona, the cost of those services can be billed to the motorist, plus additional liability of up to $2,000. Motorists are only liable if water already covers the road, barriers are in place but bypassed, and people are rescued from a vehicle. The 'stupid-motorist law' is not a chargeable statute; to be fined under the law, a motorist must commit at least one other violation. Although the statute was enacted in 1995, only a handful of incidents had been prosecuted under ARS 28-910 as of 2015.

Background

The need for the law came from the lack of

storm sewer A storm drain, storm sewer (United Kingdom, United States, U.S. and Canada), highway drain, surface water drain/sewer (United Kingdom), or stormwater drain (Australia and New Zealand) is infrastructure designed to Drainage, drain excess rain an ...

s in the deserts of the

Southwestern United States The Southwestern United States, also known as the American Southwest or simply the Southwest, is a geographic and cultural list of regions of the United States, region of the United States that includes Arizona and New Mexico, along with adjacen ...

, combined with heavy rainfall in the desert, usually associated with the summer

monsoon A monsoon () is traditionally a seasonal reversing wind accompanied by corresponding changes in precipitation but is now used to describe seasonal changes in Atmosphere of Earth, atmospheric circulation and precipitation associated with annu ...

. These conditions can lead to

flash flood A flash flood is a rapid flooding of low-lying areas: washes, rivers, dry lakes and depressions. It may be caused by heavy rain associated with a severe thunderstorm, hurricane, or tropical storm, or by meltwater from ice and snow. Flash f ...

s in Arizona, which can unleash powerful torrents of water containing debris ranging in size from sand to boulders. The floods often resemble a

concrete Concrete is a composite material composed of aggregate bound together with a fluid cement that cures to a solid over time. It is the second-most-used substance (after water), the most–widely used building material, and the most-manufactur ...

slurry due to their low water content; flows may contain as little as 20% water, while still moving at over . Only of water is required to reach the bottom of most passenger cars, which can cause loss of control and possible stalling. Most passenger cars will float in just of water, and of water will sweep most vehicles (including SUVs and pick-ups) away.

Documented incidents

In late July 2013, a tour bus carrying 33 people was swept up while traveling down a flooded road. The bus was carried before it was tipped on to its side. Occupants of the bus were able to escape to safety before rescue teams arrived. Because the area was under a flash flood warning at the time, the driver of the bus potentially faced charges under the stupid motorist law. This incident took place in northwestern Arizona in the small community of Dolan Springs.

Statute

The law reads exactly:

References

{{reflist, 2 Arizona statutes Traffic law 1995 in American law