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ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2389

 

vehicle sales; emergency stop; prohibition

Purpose

Prohibits the sale or lease of a motor vehicle that has a mechanism that may remotely shut off the vehicle without the owner's consent.

Background

The Infrastructure Investment and Jobs Act directs the National Highway Traffic Safety Administration (NHSTA) to establish a Federal Motor Vehicle Safety Standard that requires newly manufactured passenger vehicles to have advanced drunk and impaired driving prevention technology by 2024. Advanced drunk and impaired driving prevention technology is: 1) a system that can passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired and prevent or limit motor vehicle operation if an impairment is detected; 2) a system that can passively and accurately detect whether the blood alcohol concentration of a driver of a motor vehicle is equal to or greater than 0.08 percent and prevent or limit motor vehicle operation if a blood alcohol concentration above the legal limit is detected; or 3) a combination of the two. NHSTA uses the term passive to mean that the system functions without direct action from vehicle occupants (P.L. 117-58, 117th Congress, 2021).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Prohibits a motor vehicle from being knowingly sold or leased in the state if the vehicle has a mechanism that allows a person who is not the owner of the vehicle and is not in possession of the vehicle's physical key to remotely shut off the vehicle without the owner's consent.

2.   Defines a mechanism as including an emergency stop, emergency off or emergency power off mechanisms and excluding:

a)   a mobile application that allows the owner of the motor vehicle to deny access to the vehicle to another person, including a governmental entity, at any time; and

b)   an onboard computer system that addresses an imminent mechanical critical safety issue.

3.   Defines owner as including a lienholder when the use of a mechanism is a term of a contract between the lienholder and the owner of the motor vehicle.

4.   Becomes effective on the general effective date.

 

House Action

TI                    2/7/24        DPA       10-0-1-0

3rd Read          2/22/24                     45-13-1-0-1

Prepared by Senate Research

March 7, 2024

KJA/EB/slp