Title 28 — Transportation

A. A manufacturer of new motor vehicles, factory branch, distributor, distributor branch, field representative, officer or agent or any representative of a manufacturer of new motor vehicles, factory branch, distributor, distributor branch, field representative, officer or agent …

A. If a change of all, or substantially all, ownership of a new motor vehicle dealership or transfer of all, or substantially all, dealership assets is proposed, a manufacturer or distributor may exercise a right of first refusal to acquire the dealership if all of the following …

B. Competing with or unfair discrimination includes any one of the following: 1. The factory having an ownership interest or franchise interest in, or operating or acting in the capacity of, a new motor vehicle dealer or a used motor vehicle dealer, except that: (a) A factory is …

A. Any owner of a new motor vehicle dealer may appoint by will or any other written instrument that is approved by the manufacturer a designated family member to succeed in the ownership interest of the owner of the new motor vehicle dealer. B. Unless there is good cause for refu…

A. If a manufacturer believes that good cause exists for refusing to honor the succession to ownership interest of the owner of a new motor vehicle dealer by a family member of a deceased or incapacitated owner of a new motor vehicle dealer under the existing franchise agreement,…

In determining whether good cause for the refusal to honor the succession exists, the manufacturer: 1. Has the burden of proving that the successor is a person who is not of good moral character or does not meet the franchisor's existing and reasonable standards, including financ…

[Repealed or reserved.]

Notwithstanding sections 28-4494 and 28-4495, in the enforcement of any law pertaining to licensed or unlicensed dealers or automotive recyclers, the director may conduct hearings pursuant to title 41, chapter 6, article 6, take testimony and conduct investigations as the directo…

Decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.

A. The director may suspend or cancel the license, off-premises exhibition permit, off-premises display and sales permit or special event permit of any licensee or exhibitor if the director determines that the licensee or exhibitor: 1. Has made a material misrepresentation or mis…

A. On determining that grounds for suspension or cancellation of a license exist, the director shall give notice of the grounds to the licensee in writing and by the notice shall require the licensee to appear before the director at a specified time and place to show cause why th…

A. Notwithstanding any other law, if the licensee or exhibitor is conducting an off-premises exhibition, off-premises display and sale or special event pursuant to a permit granted under section 28-4401, on determining that grounds for cancellation of an off-premises exhibition p…

A. Notwithstanding section 28-4495, the director may conduct a hearing pursuant to section 28-4491 if the director alleges that a licensed motor vehicle dealer or automotive recycler refuses or fails to comply with a cease and desist order issued pursuant to section 28-4498. B. T…

If the director has reasonable cause to believe that a licensee has violated or is violating any law of this state that the director enforces or administers or has violated or is violating a rule or order adopted or issued by the director pursuant to law, in addition to any remed…

A. If the director has reasonable cause to believe from an investigation made by the director that a licensed motor vehicle dealer or automotive recycler has violated or is violating a law of this state or rule adopted by the department, the director may immediately issue and ser…

A. If the director has reasonable cause to believe from information furnished to the director or from an investigation made by the director that a person is engaged in a business regulated by this chapter without being licensed as required by law, the director shall immediately i…

A. The director shall conduct a hearing pursuant to section 28-4491 if an officer authorized to enforce this chapter alleges that a person refuses or fails to comply with a cease and desist order issued pursuant to section 28-4499. B. The director shall hold the hearing at least …

A. Notwithstanding the suspension authorized by section 28-4500, if the director finds that a person is in violation of the licensing provisions of this chapter, after a hearing conducted pursuant to section 28-4496, 28-4498, 28-4499 or 28-4500, the director: 1. May impose a civi…

In addition to the penalties provided in sections 28-4499, 28-4500 and 28-4501, a person who acts as a used motor vehicle dealer in violation of the licensing provisions of this chapter is guilty of a class 1 misdemeanor.

A. Notwithstanding section 28-4494, 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. The notice shall state that the departm…

The motor vehicle dealer enforcement fund is established consisting of civil penalties collected pursuant to section 28-4501 that result from licensed or unlicensed motor vehicle dealer activity. The department shall administer the fund. Monies in the fund are subject to legislat…

A. The unlicensed motor vehicle dealer enforcement task force is established in the department of transportation and consists of the following members: 1. Three members from the department of transportation who are appointed by the director of the department of transportation. 2.…

In this article, unless the context otherwise requires: 1. "Cargo" means commercial or industrial items but does not include personal items such as luggage and camping equipment. 2. "Dealer" means a new motor vehicle dealer, a used motor vehicle dealer or a wholesale motor vehicl…

A. 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. A vehicle owned by a dealer may be operated under owner responsibility on public highways and streets according to the foll…

A. 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 th…

A. In order to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year, the director may provide for staggered continuation dates for the right to use a dealer license plate. In order to initiate a staggered continuation …

A. A dealer shall keep a written record of the vehicles on which the dealer license plate or plates are used and the person to whom each plate or pair of plates is assigned. The dealer shall make the record available for inspection by the department, a member of the highway patro…

If a valid demonstration of a vehicle cannot be accomplished without hauling cargo on the vehicle, the director may issue, on written application, special authority before the actual demonstration for the laden movement while displaying a dealer license plate.

A. The department shall suspend the use of any or all of the dealer license plates issued to a dealer for not more than three months if a dealer violates section 28-4532, 28-4533, 28-4534, 28-4535 or 28-4536. B. If the director finds that a manufacturer or licensed dealer display…

A. An unladen truck or passenger vehicle that is owned by a manufacturer and that is of a type otherwise required to be registered is exempt from registration while the vehicle is being used according to this section. The vehicle may be operated under owner responsibility on publ…

A. A manufacturer may obtain a general distinguishing number and one or more pairs of unladen vehicle test license plates or single test plates appropriate to various types of vehicles by applying to the department on a form provided by the department and by paying a fee of thirt…

A. In order to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year, the director may provide for staggered continuation dates for the right to use a manufacturer license plate. In order to initiate a staggered continu…

A. A manufacturer shall keep a written record of the vehicles on which the unladen vehicle test license plate or plates are used and the person to whom each test license plate or pair of plates is assigned. The manufacturer shall make the record available for inspection by the de…

A. For the purposes of testing laden vehicles designed for the transportation of cargo, a manufacturer may obtain a manufacturer laden vehicle test license plate or year validation tab by applying to the department and by paying an annual fee as follows: 1. Thirty-six dollars, fo…

A manufacturer of motor vehicles, trailers or semitrailers may operate or move the vehicles for a distance of seventy-five miles and a dealer in new motor vehicles, trailers or semitrailers may operate or move the vehicles for a distance of fifty miles, or a further distance auth…

A. The director may issue to new motor vehicle dealers and used motor vehicle dealers temporary registration plates that dealers may issue subject to the limitations and conditions prescribed in sections 28-4547 through 28-4554. B. The director shall establish a system to require…

A. A dealer shall not: 1. 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. 2. Issue temporary registration plates unless the purchaser files an application for a certificate…

Notwithstanding section 28-4547, the director may furnish to licensed manufacturers or new motor vehicle dealers temporary registration permits that the manufacturer or dealer may issue if temporarily donating new motor vehicles to either of the following: 1. An organization that…

A dealer who issues temporary registration plates shall send to the department through an authorized third party or the department's authorized third party electronic service provider before the dealer issues the plates an electronic record of the temporary registration plates. T…

A person who issues temporary registration plates shall affix or insert, clearly and indelibly, on the face of each temporary registration plate the date of issuance and expiration and the make and vehicle identification number of the vehicle. The temporary registration plates sh…

A. A temporary registration plate expires and is void on receipt of a license plate provided pursuant to section 28-2351 or a year validating tab or on expiration of forty-five days from the date of issuance. B. A person to whom a temporary registration plate has been issued shal…

A. A dealer to whom temporary registration plates are issued shall maintain in permanent form a record of all temporary registration plates delivered to the dealer, a record of all temporary registration plates issued by the dealer and a record of other information pertaining to …

A. A dealer shall not lend to a person or use on a vehicle that the dealer owns temporary registration plates. B. A person shall not: 1. Issue a temporary registration plate before sending an electronic record to the department. A person who violates this paragraph is guilty of a…

A. If the director finds that a dealer has not complied with sections 28-4546 through 28-4553 or the directions of the director, the director may suspend the right of the dealer to issue temporary registration plates. B. A dealer who receives a notice of suspension may submit a w…

A. A manufacturer, dealer, wholesale motor vehicle auction dealer, distributor, factory branch, distributor branch, field representative or officer or an agent or representative of a manufacturer, dealer, wholesale motor vehicle auction dealer, distributor, factory branch, distri…

Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35-146 and 35-147, fees collected under this article in the Arizona highway user revenue fund.

A person who violates this article or articles 1 through 7 of this chapter is guilty of a class 3 misdemeanor unless another classification is specifically prescribed in this chapter.

A licensee who assigns a license to another person is guilty of a class 1 misdemeanor.

A. A person who knowingly removes, defaces, alters or destroys a manufacturer's serial or identification number of a motor vehicle or major component part of a vehicle without the permission of the department is guilty of a class 3 misdemeanor. B. A person who intentionally remov…

A. Except if a manufacturer's serial or identification number of a motor vehicle or major component part of a vehicle is removed, defaced, altered or destroyed with the permission of the department or is removed and reinstalled as described in section 28-2531, subsection E or if …