ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: TI DPA 10-0-1-0

HB2389: vehicle sales; emergency stop; prohibition

Sponsor: Representative Kolodin, LD 3

House Engrossed

Overview

Prohibits a motor vehicle from being sold or leased in this state if the motor vehicle has a mechanism that allows a person who is not the owner of the motor vehicle and who does not have the motor vehicle's physical key to remotely shut off the motor vehicle.

History

If a sale or lease of a motor vehicle from a motor vehicle dealer or a lessor to a customer is conditioned on final approval of financing by a lender or lessor, the motor vehicle dealer or lessor must retain title and possession of any motor vehicle traded by a customer as part of the transaction until financing is finally approved or the traded motor vehicle is returned to the customer. Any remedy for a violation of requirements relating to motor vehicle transactions may not be waived, modified or limited by agreement or contract.

If a motor vehicle dealer charges a document fee for a motor vehicle transaction, the motor vehicle dealer must clearly and conspicuously disclose in its advertisement for a motor vehicle that a document fee will be charged for a motor vehicle transaction (A.R.S. § 44-1371).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRestricts a motor vehicle from knowingly being sold or leased in this state if the motor vehicle has a mechanism that allows a person who is not the owner of the motor vehicle and who is not in possession of the motor vehicle's physical key to remotely shut off the motor vehicle without the owner's consent. (Sec. 1)

2.   States that a mechanism includes an emergency stop mechanism, an emergency off mechanism or an emergency power off mechanism and does not include a mobile application that allows the owner of the motor vehicle to deny access to the motor vehicle to another person, including a governmental entity, at any time or an onboard computer system that addresses an imminent mechanical critical safety issue. (Sec. 1)

3.   Specifies that an owner includes a lienholder when the use of the mechanism is a term of a contract between the lienholder and the owner of the motor vehicle. (Sec. 1)

 

 

 

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                  HB 2389

Initials JB/LM     Page 0 House Engrossed

 

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