Collegiate special plates; definition. National guard member special plates. Alternative fuel vehicle special plates; stickers; use of high occupancy vehicle lanes; definition. Low emission and energy efficient vehicle special plates; use of high occupancy vehicle lanes; civil penalty. Child abuse prevention special plates. Navajo nation special plates. Transplantation awareness special plates; fund.
San Carlos Apache tribe special plates. Character education special plates. Spaying and neutering of animals special plates. Companion animal spay and neuter committee. Spaying and neutering of animals fund; definitions. Breast and cervical cancer screening and diagnostic special plates. Golden rule special plates. White Mountain Apache tribe special plates. Arizona professional baseball club special plates; fund. Families of fallen police officers special plates.
Military support special plates. Arizona highways special plates. In God we trust special plates. Gold star family special plates. Arizona professional basketball club special plates; fund. Arizona professional football club special plates; fund. Emergency medical services special plates. Arizona masonic fraternity special plates; fund. Arizona agricultural youth organization special plates. Law enforcement special plates; fund. Youth development organization special plates; fund. Don't tread on me special plates. Arizona tea party committee. Don't tread on me special plates fund; grants; definition.
Multiple sclerosis awareness special plates. Hunger relief special plates; fund. Childhood cancer research special plates. Litter prevention and cleanup special plates; fund. Arizona professional hockey club special plates; fund. Arizona public broadcast television special plates; fund. Global graduate management school special plates; fund. Women veteran special plates. Arizona centennial special plates; fund.
Extraordinary educators special plates; fund. Girls' youth organization special plates; fund. Arizona motorsports commemorative special plates; fund. Firefighter special plates; fund. Arizona professional golf special plates; fund. Military scholarship special plates. Health sciences educational institution special plates; fund. Honored Military License Plates. Honored military license plates; procedures; transfers; violation; classification.
Congressional medal of honor license plates. Former prisoner of war license plates; fees. Purple heart medal recipient license plates; fees. Pearl Harbor survivor license plates; fees. 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.
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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.
Bill Text: AZ SB1357 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed
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. 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.
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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.
ArizonaHBChaptered
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. 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. 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.