Uncategorized

Arizona Revised Statutes Title 28 2013: Transportation

Wednesday, September 25, 2019Wednesday, September 25, 2019 admin

A sworn statement by the owner that the owner is the lawful owner of the vehicle and that sets forth the basis for the claim of ownership, including documentation such as purchase contracts, bills of sale, invoices and receipts for the original vehicle and any replacement parts that replaced damaged portions of the original vehicle that bore original manufacturer's serial or identification numbers. A copy of police or law enforcement agency reports documenting the theft and recovery of the vehicle, a copy of a police or law enforcement agency accident report documenting the extent of damage to the vehicle, a certified copy of documents from an insurance company documenting the precise nature, extent and dollar amount of damage to the vehicle or a sworn statement by the owner, including full and complete supporting documentation, establishing the origin of the vehicle and each major component part of the vehicle.

If the director is satisfied that the applicant has provided the documentation required by this section and that the applicant is entitled to assignment of a special serial or identification number, the director shall designate the serial number and note it on the application, on a suitable record of the department and on the authorization of use of the number. The director shall furnish to the applicant a serial plate together with the authorization of use that shall be immediately delivered to a department inspector or agent who shall permanently attach the serial plate to the item in a conspicuous position and certify the attachment on the authorization of use.

After attachment and certification, the plate is the lawful serial or identification number and shall remain on the item during its existence. Removal and immobilization or impoundment of vehicle; Arizona crime information center database. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that:. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply:.

The person's driving privilege is canceled, suspended or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction.

The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply:.

The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. The spouse of the driver is with the driver at the time of the arrest. The peace officer has reasonable grounds to believe that the spouse of the driver:. The spouse notifies the peace officer that the spouse will drive the vehicle from the place of arrest to the driver's home or other place of safety.

The spouse drives the vehicle as prescribed by paragraph 4 of this subsection. Except as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for thirty days.

An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment. A law enforcement agency that employs the peace officer who removes and either immobilizes or impounds a vehicle pursuant to this section shall enter information about the removal and either immobilization or impoundment of the vehicle in the Arizona crime information center database within three business days after the removal and either immobilization or impoundment.

Release of vehicle; civil penalties; definition. An immobilizing or impounding agency shall release a vehicle to the registered owner before the end of the thirty day immobilization or impoundment period under any of the following circumstances:. If the owner was operating the vehicle at the time of removal and either immobilization or impoundment and presents proof satisfactory to the immobilizing or impounding agency that the owner's driving privilege has been reinstated.

For the spouse of the owner or any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the spouse or person was not the driver of the vehicle at the time of removal and either immobilization or impoundment and the spouse or person enters into an agreement with the immobilizing or impounding agency that stipulates that if the spouse or person allows a driver who does not have a valid driving privilege or a driver who commits a violation that causes the spouse's or person's vehicle to be removed and either immobilized or impounded pursuant to this article within one year after any agreement is signed by an immobilizing or impounding agency, the spouse or person will not be eligible to obtain release of the spouse's or person's vehicle before the end of the thirty day immobilization or impoundment period.

If the vehicle is owned by a motor vehicle dealer and is driven by a customer, potential customer or employee of the motor vehicle dealer and the motor vehicle dealer has provided to the immobilizing or impounding agency indicia of the motor vehicle dealer's ownership of the vehicle, including a certificate of title or a manufacturer-issued certificate or statement of origin.

The owner's or owner's spouse's currently valid driver license issued by this state or the owner's or owner's spouse's state of domicile. Proof of current vehicle registration or a valid salvage or dismantle certificate of title. Proof that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. If the person is required by the department to install a certified ignition interlock device on the vehicle, proof of installation of a functioning certified ignition interlock device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device.

Before the end of the thirty day immobilization or impoundment period, the immobilizing or impounding agency shall release a vehicle to a person, other than the owner, identified on the department's record as having an interest in the vehicle immediately before the immobilization or impoundment if all of the following conditions are met:. The person presents foreclosure documents or an affidavit of repossession of the vehicle.

The person requesting release of the vehicle was not the person driving the vehicle at the time of removal and immobilization or impoundment. Before a person described in subsection D of this section releases the vehicle to the owner who was operating the vehicle at the time of removal and immobilization or impoundment, the person described in subsection D of this section shall require the owner to present and shall retain for a period of at least three years from the date of releasing the vehicle a copy of all of the following:.

A driver license issued by this state or the owner's or owner's agent's state of domicile. A current vehicle registration or a valid salvage or dismantle certificate of title. Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. A vehicle shall not be released after the end of the thirty day immobilization or impoundment period unless the owner or owner's agent presents all of the following to the impounding or immobilizing agency:.

A valid driver license issued by this state or by the owner's or owner's agent's state of domicile. The immobilizing or impounding agency shall have no lien or possessory interest in a stolen vehicle if the theft was reported to the appropriate law enforcement agency. The immobilizing or impounding agency shall release the vehicle to the owner or person other than the owner as identified in subsection D of this section even if the operator at the time of immobilization or impoundment has not paid all immobilization, towing, storage and administrative charges.

A person who enters into an agreement pursuant to subsection A, paragraph 5 of this section and who allows another person to operate the vehicle in violation of the agreement is responsible for a civil traffic violation and shall pay a civil penalty of at least two hundred fifty dollars.

A person described in subsection D, paragraph 1 of this section who violates subsection E of this section is responsible for a civil traffic violation and shall pay a civil penalty of at least two hundred fifty dollars. Hearings; notice of immobilization or storage; definition.

Pursuant to procedures prescribed by the immobilizing or impounding agency to transfer the authority to conduct the immobilization or poststorage hearing to a law enforcement agency in the jurisdiction in which the owner, the spouse of the owner, the owner's agent or any person identified in the department's record as having an interest in the vehicle immediately before the immobilization or impoundment resides. If the immobilizing or impounding agency does not provide an opportunity for an immobilization or poststorage hearing, a justice court shall conduct the immobilization or poststorage hearing.

ArizonaHBChaptered

If an immobilization or poststorage hearing is conducted by a justice court, the immobilizing or impounding agency shall appear and show evidence. Immobilization or poststorage hearings conducted by a justice court shall be considered as civil filings for the purposes of judicial productivity credits. Within three business days after immobilization or impoundment, excluding weekends and holidays, the immobilizing or impounding agency shall send a notice of storage by first class mail to each person, other than the owner, identified on the department's record as having an interest in the vehicle or who has provided the department with indicia of ownership or other interest in the vehicle that exists immediately before the immobilization or impoundment.

Within three business days after immobilization or impoundment, excluding weekends and holidays, the immobilizing or impounding agency shall mail or personally deliver notice of immobilization or storage to the owner of the vehicle.

Bill Text: AZ SB1357 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed

The notice of immobilization or storage shall include all of the following information:. The name, address and telephone number of the immobilizing or impounding agency providing the notice. The name, address and telephone number of the immobilizing or impounding agency or justice court that will provide the immobilization or poststorage hearing. The location of the place of storage and a description of the vehicle, including, if available, the manufacturer, model, license plate number and mileage of the vehicle.

A statement that if the immobilizing or impounding agency does not provide the opportunity for an immobilization or poststorage hearing, the owner, the spouse of the owner, the owner's agent or any person identified in the department's record as having an interest in the vehicle or a person who has provided the department with indicia of ownership or other interest in the vehicle that exists immediately before the immobilization or impoundment may request that the immobilization or poststorage hearing be conducted by a justice court in the immobilizing or impounding agency's jurisdiction or the jurisdiction in which the owner, the spouse of the owner, the owner's agent or the person identified in the department's record as having an interest in the vehicle immediately before the immobilization or impoundment resides.

The immobilization or poststorage hearing shall be conducted by the immobilizing or impounding agency or justice court within five business days, excluding weekends and holidays, after receipt of the request. Failure of the owner, the spouse of the owner or other person or the other person's agent to request an immobilization or poststorage hearing within ten days after the date on the notice prescribed in subsection E of this section or to attend a scheduled hearing satisfies the immobilization or poststorage hearing requirement.

Secrets Change Everything.
Povertys Child.
.
.
.

The immobilizing or impounding agency employing the person who directed the immobilization or storage is responsible for the costs incurred for immobilization, towing and storage if it is determined in the immobilization or poststorage hearing that reasonable grounds for the immobilization or impoundment and storage are not established. In compliance with the requirements of this section, the vehicle owner, the vehicle owner's spouse or another person having who has an interest in the vehicle or who has provided the department with indicia of ownership or other interest in the vehicle that exists immediately before the immobilization or impoundment shall have an opportunity for a single poststorage hearing for the release of the vehicle by either the immobilizing or impounding agency or a justice court but not both.

For the purposes of this section, "indicia of ownership" includes a certificate of title, a manufacturer-issued certificate or a statement of origin or other similar document. Wholesale motor vehicle dealer or broker. Is required to be licensed pursuant to this chapter and to be a legal resident of this state. Shall maintain a place of business in which records of the business are kept. If the licensee is a broker, the principal place of business shall not be a location that is zoned for residential use.

License application; criminal records check. A person shall apply for a license to the director in writing on forms prescribed by the director. The established place of business or the place of business at or from which the applicant will conduct the business. The make or makes of new motor vehicles, if any, that the applicant will sell or offer for sale in this state. Each applicant who owns twenty per cent percent or more of an entity, and each partner or stockholder who owns twenty per cent percent or more of an entity, and who seeks a new license shall provide:.

Buy for others

The department of public safety may exchange this fingerprint data with the federal bureau of investigation. A nonrefundable fee to be paid to the department of public safety for the criminal records check. If a licensee adds or changes a partner or stockholder who owns twenty per cent percent or more of the entity and who was not included in the criminal records check on a prior application, the licensee shall notify the department within thirty days of the change.

Does not apply to a manufacturer, importer, factory branch or distributor or a person who is under eighteen years of age on the date the application is filed with the department. May not apply if the application is for a subsequent license and each applicant who owns twenty per cent percent or more of an entity, and each partner or stockholder who owns twenty per cent percent or more of an entity, either:. Does not apply to a new motor vehicle dealer. The director may establish education and training for a person applying for an initial or a renewal of a used motor vehicle dealer or wholesale motor vehicle dealer license pursuant to this section.

The director may contract with a private entity to provide the education and training established under this subsection. The private entity that contracts with the director pursuant to this subsection may charge a fee for the education and training. Record requirements; motor vehicle information; inspection; liability; electronic submission. A licensee shall keep and maintain at the licensee's established place of business, or place of business if the licensee is a broker or a wholesale motor vehicle dealer, a permanent record in the form prescribed by the director containing:.

A particular description of each motor vehicle of a type subject to registration under the laws of this state that is bought, sold, brokered or exchanged by the licensee or received or accepted by the licensee for sale, brokering or exchange. A particular description of each used motor vehicle body or chassis that is sold or otherwise disposed of. A particular description of each motor vehicle that is bought or otherwise acquired and wrecked by the licensee.

The name and address of the person from whom a motor vehicle, motor vehicle body or motor vehicle chassis was purchased or otherwise acquired and the date it was purchased or acquired.

LegiScan Search

The name and address of the person to whom the motor vehicle, motor vehicle body or motor vehicle chassis was sold or otherwise disposed of, the date it was sold or disposed of and a sufficient description of the vehicle, body or chassis by name or identifying number or otherwise to identify it. A licensed automotive recycler that has a vehicle in the automotive recycler's inventory shall:.

At the same time have possession of a duly and regularly assigned salvage certificate of title, nonrepairable vehicle certificate of title or dismantle certificate of title to the vehicle. Not offer for sale or sell a vehicle unless a salvage certificate of title, nonrepairable vehicle certificate of title or dismantle certificate of title to the vehicle has been obtained. Each motor vehicle dealer shall give the customer a written contract and shall maintain a copy of the contract for three years at the dealer's established place of business.

Each record required by this section and all inventories relating to the records of a licensee shall be available at all times for physical inspection by agents of the department or members of the highway patrol division. The agents or members may enter on premises where the records or inventories are located during normal business hours for purposes of the inspection. The licensee or any designated employee or agent may accompany any person making the inspection while the person is on the licensee's premises.

The licensee is only liable to a person making an inspection under this section for an injury arising out of the condition of the premises that occurs while the person is on the licensee's premises if the licensee knowingly allows the person to encounter a hidden peril or wantonly or wilfully causes the person harm.

Beginning January 1, , A wholesale motor vehicle dealer shall submit electronically to the department any documents that are requested by the department during the wholesale motor vehicle dealer's reported business hours and that are prescribed in this section. Evidence of ownership requirement; exception. Each dealer in motor vehicles, trailers and semitrailers, including manufacturers who sell to other than dealers, having possession of or offering for sale a motor vehicle, trailer or semitrailer shall have at the same time either:.

A dealer or manufacturer shall not offer for sale or sell a motor vehicle, trailer or semitrailer until the dealer or manufacturer has obtained a certificate of title to the motor vehicle, trailer or semitrailer, except that a certificate of title is not required for a new motor vehicle sold by manufacturers to dealers.

A wholesale motor vehicle auction dealer is exempt from the requirement of having to possess a duly and regularly assigned certificate of title and from other requirements relating to the reassignment of certificate of title documents and disclosures to buyers. A wholesale motor vehicle auction dealer may buy or sell a motor vehicle at wholesale in the wholesale motor vehicle auction dealer's own name if the wholesale motor vehicle auction dealer complies with the provisions of this title relating to certificates of title, reassignments of certificate of title documents and disclosures to buyers.

A wholesale motor vehicle dealer must apply for a certificate of title in the name of the wholesale motor vehicle dealer any vehicle that the wholesale motor vehicle dealer acquires before the wholesale motor vehicle dealer transfers the vehicle to another licensed motor vehicle dealer. A dealer in motor vehicles, trailers and semitrailers may possess and offer for sale a motor vehicle, trailer or semitrailer without having a duly or regularly assigned certificate of title or title transfer form in the dealer's possession if the dealer possesses all of the following:.

A statement by the lienholder disclosing all unsatisfied liens, if applicable. A dealer may complete the sale of a motor vehicle, trailer or semitrailer offered for sale under subsection A of this section when the dealer possesses verification that all liens on the motor vehicle, trailer or semitrailer have been satisfied by the dealer or assumed by the purchaser.

Product details;
Bill Text: AZ SB | | Fifty-second Legislature 2nd Regular | Engrossed | LegiScan.
The China Crisis: How Chinas Economic Collapse Will Lead to a Global Depression!

A dealer who offers a vehicle for sale on consignment shall inform a prospective customer that the vehicle is on consignment to the dealer. The director shall adopt rules on the minimum form and content of consignment contracts and dealer acquisition contracts. This chapter does not allow the consignment of motor vehicles from one licensee to another licensee. A dealer in motor vehicles, trailers or semitrailers may offer for sale or sell a motor vehicle, trailer or semitrailer without having a duly or regularly assigned certificate of title in the dealer's possession if the dealer possesses a complete photocopy of the duly or regularly assigned certificate of title, the original of which has been delivered to a financial institution or a subsidiary of the financial institution pursuant to an inventory financing arrangement.

Guaranty disclosure; used motor vehicles; definition. Before the consummation of the sale of a used motor vehicle, a motor vehicle dealer shall:. Before the seller attempts to sell a motor vehicle the seller shall possess the title to the motor vehicle and the title shall be in the seller's name. Notwithstanding any other provision of this section or title 12, chapter 6, article 9, a motor vehicle dealer that sells a used motor vehicle to another motor vehicle dealer or for the sole purpose of being legally destroyed or dismantled does not have a duty to inspect a used motor vehicle for defects or damage before the sale.

This subsection does not negate any duties owed by a licensed motor vehicle dealer to its retail customers. For the purposes of this section, "disabled vehicle" means a motor vehicle that cannot operate on its own motive power. For purposes of issuing a certificate of title, registration, warranties, rebates and incentives in a brokered sale of a new motor vehicle to a retail consumer, the selling new motor vehicle dealer and not the broker is responsible for:. Applying for a certificate of title in the name of the purchaser and securing vehicle registration and the license plates for the purchaser.

Making all applications for any manufacturer's rebates and incentives due the purchaser. If there is a manufacturer's recall, the retail consumer shall be notified directly by the manufacturer. Wholesale motor vehicle auction dealers; sign; title stamp. Conspicuously post at the wholesale motor vehicle auction dealer's established place of business a sign that contains the following statement:. A person who violates this statutory provision is guilty of a class 1 misdemeanor. Stamp "export only" on the certificate of title of any vehicle sold to a person who is licensed as a dealer by another country.

Dealer's certificate; dealer license plates; fees. A dealer may apply to the department, on a form provided for that purpose, for a dealer's certificate containing a general distinguishing number. If the applicant is a dealer in new motor vehicles, trailers or semitrailers, the applicant shall submit satisfactory proof that the applicant is a duly authorized distributor or dealer for a manufacturer.

The department may issue dealer license plates to each dealer as follows:. For new motor vehicle dealers, not more than thirty dealer license plates plus one additional license plate for every fifty motor vehicles that are sold based on reported sales in the previous license year. For used motor vehicle dealers, not more than fifteen dealer license plates plus one additional license plate for every fifty vehicles that are sold based on reported sales in the previous license year.

For wholesale motor vehicle dealers, not more than two dealer license plates plus one additional license plate for every fifty vehicles that are sold based on reported sales in the previous license year. The department, on granting the application, shall issue to the applicant a certificate containing the applicant's name and address and the general distinguishing number assigned to the applicant and the dealer license plates for which the applicant applied on payment of the fee provided in this section.

The fee for each license plate or pair of license plates issued to a dealer is:. The director may recall, redesign and reissue dealer license plates pursuant to this article. The right to use a dealer license plate issued terminates at midnight on the last day of the month in which the plate fees are due unless the plate fees for the following year are paid. A dealer who applies for and obtains dealer license plates shall comply with chapter 9 of this title. Requirements for temporary registration plates. Issue, assign or deliver temporary registration plates to anyone other than a bona fide purchaser of a vehicle that is not registered for the current year.

Issue temporary registration plates unless the purchaser files an application for a certificate of title and an application for annual registration of the vehicle before or at the time the plates are issued. Issue temporary registration plates unless the application for a certificate of title is accompanied by either a manufacturer's certificate of origin properly assigned by a licensed new motor vehicle dealer , or a properly signed certificate of title or a title transfer form. The dealer, as the agent of the purchaser, shall forward the application for a certificate of title, the application for registration and the prescribed fees for both applications to the department.

Altered serial or identification number; contraband; seizure; disposition. Immediately seize and store the motor vehicle or major component part of a vehicle or serial or identification number that is contraband pursuant to subsection A of this section. Attempt to restore the original manufacturer's serial or identification numbers on the item seized as follows:.

The petition shall set forth probable cause that the item is contraband. A copy of the petition or notice of pending forfeiture shall be served as follows:. A copy of the petition or notice of pending forfeiture shall be served on the person from whom the item was seized by certified mail to the person's last known address.

The director may authorize third parties to perform certain of the following functions:. The director may authorize a person to be a third party electronic service provider or , beginning January 1, , to be a third party electronic service partner. Beginning January 1, The written agreement between the department and the authorized third party electronic service provider may be for a limited number of services and may limit the persons that may receive the services.

An authorized third party electronic service partner shall meet the requirements established by the department and shall be selected through a competitive bid process. A person shall not engage in any business pursuant to this article unless the director authorizes the person to engage in the business. The director may furnish necessary documents or license plates subject to this article. In addition to the statutorily prescribed fees and taxes, an authorized third party or an authorized third party electronic service provider may collect and retain a reasonable and commensurate fee for its services.

One dollar of each initial, renewal, replacement or duplicate registration fee for a vehicle or an aircraft. One dollar of each initial, duplicate or transfer certificate of title fee for a vehicle or an aircraft. An amount equal to two per cent percent of each vehicle license tax payment or aircraft license tax payment the authorized third party collects and submits to the department or four dollars for each registration year or part of a registration year, whichever is more. Four dollars for each initial, renewal, replacement or duplicate application that the third party processes and that relates to driver licenses, nonoperating identification licenses or permits.

An authorized third party may add the cost for expedited processing of renewal, replacement or duplicate applications if requested by the applicant. An amount equal to two per cent percent of each overweight or excess size vehicle registration or permit fee the third party collects and submits to the department or one dollar for each overweight or excess size vehicle registration or permit processed, whichever is more.

One dollar for each motor vehicle or special motor vehicle record, excluding motor vehicle records released to commercial recipients, including insurers and their authorized agents. One dollar for each abandoned vehicle report processed, except for applications for crushed vehicles. Two dollars for each initial special or personalized license plate application. One dollar for each initial, renewal or replacement vehicle dealer license plate. Five dollars for each application for an initial vehicle dealer license or continuation of a vehicle dealer license.

One dollar for each traffic survival school application and one dollar for each certificate of completion processed. For authorized third party electronic service partners, the amount of compensation and the amount of reimbursements for transactions shall be negotiated by the department and the authorized third party electronic service partner and shall be set forth in the written agreement authorizing the third party electronic service partner. Other forms of compensation or reimbursements for services may be specified in the written agreement.

Compensation and reimbursements provided for by the written agreement may include the development and implementation of information technology and other automated systems and any necessary support for these systems. The department's authorized third party electronic service provider may retain two dollars for processing documents electronically when the statutory fee pursuant to this title is two dollars or more.

The director may authorize the third party electronic service provider to process electronic fund transfers to the department for payment of motor vehicle taxes and fees. Each authorized third party that holds itself out as providing services to the general public shall post a sign in a conspicuous location in each facility of the authorized third party that contains all of the following:. The amount charged for each transaction performed by the authorized third party. How to file a complaint or concern with the department about the authorized third party.

Electronic transmission and recording of title, registration and driver license; program; authorized third party. The director may establish a pilot program to measure and determine the effectiveness of the following in improving customer service, operations, capital cost reductions and security of information transmitted to the department:. The electronic transmission and recording of vehicle accident data between the department, other states and law enforcement agencies within this state or within another state through an authorized third party or authorized third party electronic service provider.

Research methods the department and authorized third parties or authorized third party electronic service providers may use to exchange and maintain information relating to driver licenses and vehicle certificates of title and registration without submitting or receiving a paper document. Develop methods an authorized third party or an authorized third party electronic service provider may use to electronically submit updated information relating to the certificate of title and registration record or the driver license record.

The director may limit the number of other states and authorized third party electronic service providers participating in the system. Chapter 2, article 5 of this title applies to certificates of title and driver license information under the system established pursuant to this section. Perfection of security interests in property subject to certain statutes, regulations and treaties. Except as otherwise provided in subsection D of this section, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:.

A statute of another jurisdiction that provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property. Compliance with the requirements of a statute, regulation or treaty described in subsection A of this section for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this chapter.

In other respects, the security interest is subject to this chapter. During any period in which collateral subject to a statute specified in subsection A, paragraph 2 of this section is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person.

View Top 50 Searches. View Top 50 National. Be it enacted by the Legislature of the State of Arizona: Section , Arizona Revised Statutes, is amended to read: Definitions In this title, unless the context otherwise requires: Oaths and acknowledgments; power of attorney; definition A. Notwithstanding title 14, chapter 5, article 5: For the purposes of executing a power of attorney in the performance of vehicle title and registration activities, the power of attorney is not required to be: Electronic transfer of information The department may accept electronic communication, transfer or receipt of any abstract, affidavit, application information, copy, form, order, report, record or other information prescribed in this title in accordance with rules adopted by the director.

Duplicate certificate of title, permit, registration card or license plates A.

The department may conduct the following levels of motor vehicle inspections: A person who submits a motor vehicle to the department for inspection shall pay the following fees: For a level two inspection, twenty dollars. For a level three inspection, fifty dollars. Vehicle inspection and certificate of title enforcement fund A. Disposition of property; deposit of proceeds A. Application for certificate of title; vision screening test A. All transferees shall sign the application, except that one transferee may sign the application if both of the following apply: The application shall contain: The transferee's complete residence address.

The name of the manufacturer of the vehicle. The serial number of the vehicle. If the application is in the name of a lessor: Other information required by the department. A person shall submit the following information with an application for a certificate of title: To a vehicle previously registered: To a new vehicle: Title and registration of foreign vehicles A. Certificate of title without registration A. The department may only issue a vehicle certificate of title without registration for a vehicle that is physically present in this state for any of the following reasons: Certificate of title; content requirements; transfer on death provision A.

Transfer of title; odometer mileage disclosure statement A. When the owner of a registered or unregistered vehicle transfers or assigns the owner's title or interest to the vehicle: If the vehicle is registered: Regardless of whether or not the vehicle is registered: The odometer disclosure requirement of subsection A of this section does not apply to: A motor vehicle that is ten model years of age or older. Obtaining a certificate of title; revocation A. Transfer of ownership by operation of law A.

The title or interest of the owner of the vehicle passes to another either: Mobile home certificate of title; exceptions; fee A. Electronic certificates of title system; applicability; rules A. In the process of establishing the system, the director shall: Electronic and digital signatures; documents A.

Salvage certificate of title; stolen vehicle certificate of title; nonrepairable vehicle certificate of title; recovered vehicles; violation; classification; definitions A. A properly endorsed certificate of title. A lien satisfaction, if applicable. Except as provided in subsection L of this section, the department shall issue a certificate of title to a vehicle that has been issued a salvage certificate of title or stolen vehicle certificate of title as a result of a total loss settlement by reason of theft if the vehicle is recovered and was not wrecked or stripped of essential parts and the insurance company or its authorized agent submits an affidavit to the department in a form prescribed by the department stating either of the following: The vehicle is a recovered theft and both of the following: The vehicle is repairable.

The vehicle meets other requirements the director prescribes. Subsection M of this section does not apply to either of the following: The frame is the component part replaced. For the purposes of this section: Dismantling motor vehicle; application fee; certificate of title; exemption A. The purchaser shall deliver the following to the department: The registration card of the vehicle.

The license plate of the vehicle, if any. A fee of four dollars. Except as provided in subsection G, A n owner who intends or desires to dismantle a vehicle shall first forward all of the following to the department: Restored salvage certificate of title; inspections; definitions A. For the purposes of this paragraph: Modular motor homes; definition A. Notwithstanding any other provision of this title: For the purposes of this section, "modular motor home" means: A vehicle that if joined to form a single unit consists of both: Liens and encumbrances; validity The following, other than a lien dependent on possession, are not valid against the creditors of an owner acquiring a lien by levy or attachment or against subsequent purchasers or encumbrancers without notice until the requirements of this article are met: Indication of lien or encumbrance A.

Index and filing of liens, encumbrances or instruments; constructive notice A. Satisfaction of lien or encumbrance; assignment of obligation by lienholder; civil penalty A. The department may satisfy a lien or encumbrance on its records and on a certificate of title to a vehicle if the owner of the vehicle furnishes satisfactory proof of the payment in full of the underlying debt and an affidavit stating the following: With particularity the steps taken in the search. The department may satisfy a lien or encumbrance against a vehicle on its records by accepting a certificate of title to the vehicle issued by another jurisdiction if all of the following conditions exist: Perfection of security interest in inventory and mobile homes Notwithstanding any other provision in this article: Restitution lien; removal A.

Delinquent registration; penalty; lien; failure to apply for certificate of title; waiver A. Special serial or identification number A. The form prescribed by subsection A of this section shall require, at a minimum, both of the following: Removal and immobilization or impoundment of vehicle; Arizona crime information center database A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that: A person is driving the vehicle while any of the following applies: A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply: A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply: The peace officer has reasonable grounds to believe that the spouse of the driver: Release of vehicle; civil penalties; definition A.

An immobilizing or impounding agency shall release a vehicle to the registered owner before the end of the thirty day immobilization or impoundment period under any of the following circumstances: If the vehicle is a stolen vehicle. If all of the following apply: Before the end of the thirty day immobilization or impoundment period, the immobilizing or impounding agency shall release a vehicle to a person, other than the owner, identified on the department's record as having an interest in the vehicle immediately before the immobilization or impoundment if all of the following conditions are met: The person is either of the following: Before a person described in subsection D of this section releases the vehicle to the owner who was operating the vehicle at the time of removal and immobilization or impoundment, the person described in subsection D of this section shall require the owner to present and shall retain for a period of at least three years from the date of releasing the vehicle a copy of all of the following: A vehicle shall not be released after the end of the thirty day immobilization or impoundment period unless the owner or owner's agent presents all of the following to the impounding or immobilizing agency: Hearings; notice of immobilization or storage; definition A.

In the immobilizing or impounding agency's jurisdiction. The notice of immobilization or storage shall include all of the following information: The name and address of the person to whom the motor vehicle, motor vehicle body or motor vehicle chassis was sold or otherwise disposed of, the date it was sold or disposed of and a sufficient description of the vehicle, body or chassis by name or identifying number or otherwise to identify it.

A licensed automotive recycler that has a vehicle in the automotive recycler's inventory shall:. At the same time have possession of a duly and regularly assigned salvage certificate of title, nonrepairable vehicle certificate of title or dismantle certificate of title to the vehicle.

No customer reviews

Not offer for sale or sell a vehicle unless a salvage certificate of title, nonrepairable vehicle certificate of title or dismantle certificate of title to the vehicle has been obtained. Each motor vehicle dealer shall give the customer a written contract and shall maintain a copy of the contract for three years at the dealer's established place of business. Each record required by this section and all inventories relating to the records of a licensee shall be available at all times for physical inspection by agents of the department or members of the highway patrol division.

The agents or members may enter on premises where the records or inventories are located during normal business hours for purposes of the inspection. The licensee or any designated employee or agent may accompany any person making the inspection while the person is on the licensee's premises. The licensee is only liable to a person making an inspection under this section for an injury arising out of the condition of the premises that occurs while the person is on the licensee's premises if the licensee knowingly allows the person to encounter a hidden peril or wantonly or wilfully causes the person harm.

Beginning January 1, , a wholesale motor vehicle dealer shall submit electronically to the department any documents that are requested by the department during the wholesale motor vehicle dealer's reported business hours and that are prescribed in this section. Record requirements; vehicles and parts; electronic submission; violation; classification.

Each licensee shall keep and maintain at the licensee's place of business, or at each of the licensee's places of business if the licensee has more than one, a permanent record in a form prescribed by the director as follows:. Including a bill of sale signed by the seller for any motor vehicle parts other than major component parts acquired by the licensee, identifying the seller by name, address and date of sale. The licensee shall maintain the record at the licensee's established place of business or principal place of business if the licensee is a broker or a wholesale motor vehicle dealer for a period of three years from the date of acquiring each item recorded.

An automotive recycler shall maintain a similar record of all disabled vehicles that have been towed or transported to the automotive recycler's place of business or to other places designated by the owner of the vehicle or the owner's representative. This record shall specify the make, model and description of the vehicle, name of the owner, number of the license plate, condition of the vehicle and place to which it was towed or transported. Each licensee shall allow any person described in subsection C, during business hours and after reasonable demand, to physically compare the records required to be maintained with the vehicles or major component parts that are located at the licensee's place of business.

Display of license; continuation date; late penalty. The director may issue licenses with staggered continuation dates to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year. A motor vehicle dealer licensee shall submit its renewal application , evidence of its current transaction privilege tax license and applicable renewal fees to the department of transportation on or before the license continuation date.

For the purposes of renewal, the license continuation date is as follows:. If the motor vehicle dealer is also a licensed dealer pursuant to title 44, chapter 2. If the motor vehicle dealer is not also a licensed dealer pursuant to title 44, chapter 2. If a licensee fails, neglects or refuses to pay the required fee for the ensuing year on or before the license continuation date, the fee is delinquent and a penalty equal to the fee shall be added to the fee and collected.

Evidence of ownership requirement; exception. Each dealer in motor vehicles, trailers and semitrailers, including manufacturers who sell to other than dealers, having possession of a motor vehicle, trailer or semitrailer shall have at the same time either:. A dealer or manufacturer shall not offer for sale or sell a motor vehicle, trailer or semitrailer until the dealer or manufacturer has obtained a certificate of title to the motor vehicle, trailer or semitrailer, except that a certificate of title is not required for a new motor vehicle sold by manufacturers to dealers.

A wholesale motor vehicle auction dealer is exempt from the requirement of having to possess a duly and regularly assigned certificate of title and from other requirements relating to the reassignment of title documents and disclosures to buyers. A wholesale motor vehicle auction dealer may buy or sell a motor vehicle at wholesale in the wholesale motor vehicle auction dealer's own name if the wholesale motor vehicle auction dealer complies with the provisions of this title relating to certificates of title, reassignments of title documents and disclosures to buyers.

A wholesale motor vehicle dealer must title in the name of the wholesale motor vehicle dealer any vehicle that the wholesale motor vehicle dealer acquires before the wholesale motor vehicle dealer transfers the vehicle to another licensed motor vehicle dealer. Title 28, chapter 10, article 4, Arizona Revised Statutes, is amended by adding section , to read:. Wholesale motor vehicle auction dealers; sign; title stamp. Each wholesale motor vehicle auction dealer shall: Conspicuously post at the wholesale motor vehicle auction dealer's established place of business a sign that contains the following statement: Arizona Revised Statutes section prohibits a person who purchases a vehicle from this wholesale motor vehicle auction dealer from selling the vehicle in this state unless the person is a licensed dealer in this state.

A person who violates this statutory provision is guilty of a class 1 misdemeanor. Stamp "export only" on the title of any vehicle sold to a person who is licensed as a dealer by another country. Title 28, chapter 10, article 6, Arizona Revised Statutes, is amended by adding section , to read:. Notwithstanding section , If the department documents that a licensee has ceased operating as a motor vehicle dealer, the department may cancel the licensee's license and give notice of the cancellation to the licensee in writing.

If a licensee requests a hearing, the licensee shall show cause at the hearing why the license should not be canceled. If a hearing is requested, the department or the department's duly authorized agent shall issue subpoenas to persons as the licensee requests that require them to be present and testify at the hearing. If a hearing is held, within ten days after the hearing, the department or the department's duly authorized agent shall make written findings of fact and conclusions and by order uphold the cancellation or decline to uphold the cancellation.

In this article, unless the context otherwise requires:. Dealer owned vehicles; registration exemption; use of dealer plates; civil penalty. A vehicle that is owned by a dealer and that is otherwise required to be registered is exempt from registration while the vehicle is owned by the dealer. The owner, an employee of the dealer or a prospective buyer may operate the vehicle according to subsection C of this section. Dealers' plates shall not be used on the following dealer owned vehicles:. A work or service vehicle , except for a vehicle that is owned by a new motor vehicle dealer that has a manufacturer's service program and that is used in that program.

A laden vehicle designed for the transportation of cargo unless the cargo consists of no more than three vehicles that are owned by the dealer and the laden vehicle and the cargo are being operated or transported by the dealer for resale. Except as provided in subsection B of this section, a dealer plate may be used on a dealer owned vehicle as follows:.

When operated by the dealer or by an employee of the dealer in connection with the dealer's business. When operated by a person who is lawfully engaged in a contract with a dealer to perform any of the following at a permanent site or location where the person conducts business: A person who violates this section is subject to a civil penalty of up to five hundred dollars.

Dealer's certificate; dealer license plates; fees. A dealer may apply to the department, on a form provided for that purpose, for a dealer's certificate containing a general distinguishing number and for one or more pairs of dealer license plates or single dealer license plates appropriate to various types of vehicles. The department may issue dealer license plates to each dealer as follows: For new motor vehicle dealers, not more than thirty dealer license plates plus one additional license plate for every fifty motor vehicles that are sold based on reported sales in the previous license year.

For used motor vehicle dealers, not more than fifteen dealer license plates plus one additional license plate for every fifty vehicles that are sold based on reported sales in the previous license year. For wholesale motor vehicle dealers, not more than two dealer license plates plus one additional license plate for every fifty vehicles that are sold based on reported sales in the previous license year. The department, on granting the application, shall issue to the applicant a certificate containing the applicant's name and address and the general distinguishing number assigned to the applicant and the dealer license plates for which the applicant applied on payment of the fee provided in this section.

A dealer who applies for and obtains dealer license plates shall comply with chapter 9 of this title. Be it enacted by the Legislature of the State of Arizona: