Arizona Laws 28-4404. Record requirements; vehicles and parts; electronic submission; violation; classification
A. 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:
Terms Used In Arizona Laws 28-4404
- Automotive recycler: means a person that is engaged in the business of buying or acquiring a motor vehicle solely for the purpose of dismantling, selling or otherwise disposing of the parts or accessories and that removes parts for resale from six or more vehicles in a calendar year. See Arizona Laws 28-101
- Broker: means a person who for any fee, commission or other valuable consideration offers to provide, provides or represents that the person will provide a service of arranging or assisting in effecting the purchase of a motor vehicle and who is not:
(a) A new motor vehicle dealer or an employee or agent of a new motor vehicle dealer. See Arizona Laws 28-4301
- Certificate of title: means a paper document or an electronic record that is issued by the department and that indicates ownership of a vehicle. See Arizona Laws 28-101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Major component part: includes a motor vehicle or vehicle part that the manufacturer has assigned any factory, motor, serial or other identification number or mark. See Arizona Laws 28-4301
- Motor vehicle: means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. See Arizona Laws 28-4301
- Motor vehicle dealer: means a new motor vehicle dealer, a used motor vehicle dealer, a public consignment auction dealer, a broker or a wholesale motor vehicle auction dealer, excluding a person who comes into possession of a motor vehicle as an incident to the person's regular business and who sells, auctions or exchanges the motor vehicle. See Arizona Laws 28-4301
- Owner: means :
(a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- Wholesale motor vehicle dealer: means a person who sells used motor vehicles only to licensed motor vehicle dealers. See Arizona Laws 28-4301
1. Recording and describing each of the following:
(a) Each vehicle that is wrecked, dismantled, disassembled or substantially altered by the licensee.
(b) Each major component part that is acquired by the licensee together with a bill of sale signed by a seller whose identity has been verified and the name and address of the person, firm or corporation from which the licensee purchased the vehicle or part.
(c) The following information regarding the wrecked or acquired vehicle that is the source of a major component part:
(i) If previously titled in this or any other state, the certificate of title number.
(ii) The name of the state where last registered.
(iii) The number of the last license plate issued.
(iv) The make and model of the vehicle.
(v) The identification number and serial number of the vehicle.
(vi) The date purchased.
(vii) The disposition of the chassis.
(viii) The name and address of the person from whom a motor vehicle, motor vehicle body or motor vehicle chassis was purchased or otherwise acquired and the date of the purchase.
(ix) The name and address of the person to whom the motor vehicle, motor vehicle body or motor vehicle chassis was sold or otherwise disposed of, the date of the sale and a description of the vehicle, body or chassis by make and model or identification number.
2. 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.
B. 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.
C. Authorized representatives of the department of transportation or any law enforcement agency may inspect the record kept by the licensee at any time during regular business hours.
D. 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.
E. 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.
F. Beginning January 1, 2014, 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. The wholesale motor vehicle dealer shall submit the requested documents within forty-eight hours after the request is transmitted.
G. After reasonable demand by a person under subsection C or E, a person who fails to display the records required to be maintained is guilty of a class 1 misdemeanor.