Title 28, Transportation

If providing a service of arranging or assisting in effecting the purchase of a motor vehicle by a retail consumer, a broker or motor vehicle dealer licensed pursuant to this chapter: 1. Shall: (a) Execute a written brokering agreement and provide a completed copy to both of the …

A brokering agreement shall contain the following terms, conditions, requirements and disclosures: 1. The name, address, license number and telephone number of the broker. 2. A complete description, including line-make, model, year and color of the motor vehicle and the desired o…

A. 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: 1. Applying for a certificate of title i…

A motor vehicle dealer may resell a new motor vehicle if all of the following apply: 1. A certificate of title is not transferred from the person who first acquired the new motor vehicle from the manufacturer or importer or agent of the manufacturer or importer. 2. The new motor …

Each wholesale motor vehicle auction dealer shall: 1. 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 28-4334 prohibits a person who purchases a vehicle…

A. If a motor vehicle dealer and a purchaser elect to rescind or cancel the sale of a motor vehicle within thirty days after the date of the title application, the motor vehicle dealer shall document the rescission or cancellation of the sale, shall submit documentation to the de…

A. Each manufacturer shall file with the director a copy of the delivery and preparation obligations required to be performed by a new motor vehicle dealer before delivery of new motor vehicles to buyers. These delivery and preparation obligations constitute the new motor vehicle…

A. Notwithstanding the terms, provisions or conditions of an agreement or franchise, a franchisor shall not cancel, terminate or refuse to renew a franchise unless the franchisor has good cause for termination or nonrenewal. B. A franchisor shall not enter into a franchise for th…

A. If a franchisor seeks to enter into a franchise establishing an additional new motor vehicle dealership of the same line-make, the franchisor shall, and the franchisee may at any time, file with the director a notice of intention to enter into a franchise for additional repres…

A. A person who receives or is entitled to receive a copy of a notice provided for in section 28-4453 may object to the approval of a notice by filing a written objection with the director within fifteen days from the date the notice was received by the person. B. If there is an …

A. If the director intends to determine that the objector has established both of the reasons prescribed by section 28-4454, subsection B, the director shall notify the franchisor and allow the franchisor to submit evidence in rebuttal before the director makes a final determinat…

A. If a timely objection has been filed and, if the objection is to the establishment of a new motor vehicle dealership, the objection meets both of the reasons prescribed by section 28-4454, subsection B, the director shall: 1. Enter an order fixing the time and place of a heari…

A. Notwithstanding the terms, provisions or conditions of an agreement or franchise, the following are not good cause for the termination, cancellation or nonrenewal of a franchise: 1. The change of ownership of the franchisee's dealership. This paragraph does not authorize a cha…

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 …

A. A factory shall not directly or indirectly compete with or unfairly discriminate among its dealers. 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…

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…

This article does not apply to a manufacturer that does not and has never used franchised new motor vehicle dealers to offer, sell or service new motor vehicles that are manufactured or distributed by a franchisor, manufacturer, importer or distributor.

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…