Sections
Article 1 General Provisions 28-4301 – 28-4308
Article 2 Licensing Requirements 28-4332 – 28-4336
Article 3 Licensing Procedures 28-4361 – 28-4366
Article 4 Vehicle Dealer Requirements and Restrictions 28-4401 – 28-4423
Article 5 Franchise Regulation 28-4451 – 28-4463
Article 6 License Regulation 28-4491 – 28-4505
Article 7 Dealer and Manufacturer License Plates 28-4531 – 28-4556
Article 8 Violations 28-4591 – 28-4595
Article 9 Transporter License Plates 28-4621 – 28-4632

Terms Used In Arizona Laws > Title 28 > Chapter 10

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Adult: means a person who is eighteen years of age or older. See Arizona Laws 8-201
  • Allegation: something that someone says happened.
  • Alternative fuel: means :

    (a) Electricity. See Arizona Laws 1-215

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Area of responsibility: means the area surrounding an individual dealer that the factory designates as that dealer's individual primary geographic territory for the purpose of marketing, promoting, selling and leasing new motor vehicles. See Arizona Laws 28-4301
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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; Version 2
  • Automotive recycler: means a person who 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 who dismantles six or more vehicles in a calendar year. See Arizona Laws 28-4301
  • bona fide consumer use: means actual operation by an owner who acquired a new motor vehicle both:

    (a) For use in the owner's business or for pleasure or otherwise. See Arizona Laws 28-4301

  • Branch license: means a license that is issued by the director to a licensed motor vehicle dealer and that permits the licensee to sell motor vehicles from an established place of business within the same county but other than the original or principal place of business for which the license was issued. See Arizona Laws 28-4301
  • 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

  • Bus: means a motor vehicle designed for carrying sixteen or more passengers, including the driver. See Arizona Laws 28-101
  • Cargo: means commercial or industrial items but does not include personal items such as luggage and camping equipment. See Arizona Laws 28-4531
  • 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
  • Community: means the relevant market area. See Arizona Laws 28-4301
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a new motor vehicle dealer, a used motor vehicle dealer or a wholesale motor vehicle dealer. See Arizona Laws 28-4531
  • 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
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
  • Department: means the department of child safety. See Arizona Laws 8-201
  • Director: means the director of the department of transportation. See Arizona Laws 28-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distributor: means a person who either:

    (a) Sells or distributes new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

  • Distributor branch: means a branch office maintained or availed of by a distributor for either:

    (a) The sale of new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

  • Drive: means to operate or be in actual physical control of a motor vehicle. See Arizona Laws 28-101
  • Driveaway or towaway methods: means the transportation service rendered by a transporter by which motor vehicles are driven singly or in combinations by the tow bar, saddle-mount or full-mount methods or a lawful combination of the tow bar, saddle-mount or full-mount methods or by which a truck or truck tractor tows or draws a semitrailer or trailer. See Arizona Laws 28-4621
  • Employee of the dealer: means any of the following:

    (a) An employee who is paid compensation and who appears on the records of the dealer as an employee for whom social security, withholding taxes and all other deductions required by law for employees are made and for whom all applicable payroll taxes are paid by the dealer. See Arizona Laws 28-4531

  • Employee of the manufacturer: means an employee who is paid compensation and who appears on the records of the manufacturer as an employee for whom social security, withholding taxes and all other deductions required by law for employees are made and for whom all applicable payroll taxes are paid by the manufacturer. See Arizona Laws 28-4531
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: includes both of the following:

    (a) A display on a wireless communication device of a department-generated driver license, nonoperating identification license, vehicle registration card or other official record of the department that is presented to a law enforcement officer or in a court or an administrative proceeding. See Arizona Laws 28-101

  • Exhibitor: means a manufacturer of new motor homes that exhibits new motor homes at a special event. See Arizona Laws 28-4301
  • Factory branch: means a branch office maintained or availed of by a manufacturer for either:

    (a) The sale of new motor vehicles to distributors or the sale of new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Financial institution: means a bank, trust company, savings and loan association, credit union, consumer lender, international banking facility or holding company that is licensed, regulated or insured by the department of financial institutions, the federal deposit insurance corporation, the office of thrift supervision, the comptroller of the currency, the national credit union share insurance fund or the national credit union administration. See Arizona Laws 28-4301
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Franchise: means a contract between two or more persons if all of the following conditions are included:

    (a) A commercial relationship of definite duration or continuing indefinite duration is involved. See Arizona Laws 28-4301

  • Franchisee: means a person who both:

    (a) Receives new motor vehicles from the franchisor under a franchise. See Arizona Laws 28-4301

  • Franchisor: means a person who both:

    (a) Manufactures or distributes new motor vehicles. See Arizona Laws 28-4301

  • Fraud: Intentional deception resulting in injury to another.
  • Full-time employee of the dealer: means a person who qualifies as an employee of the dealer and who works at least twenty-four hours each week for the dealer. See Arizona Laws 28-4531
  • Full-time employee of the manufacturer: means a person who qualifies as an employee of the manufacturer and who works at least twenty-four hours each week for the manufacturer. See Arizona Laws 28-4531
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
  • house trailer: means a vehicle, other than a motor vehicle, that is built on a chassis designed for being drawn on the highways by a motor vehicle and that is designed for human habitation. See Arizona Laws 28-4301
  • Importer: means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state. See Arizona Laws 28-4301
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lead: means any retail consumer who satisfies all of the following:

    (a) Responds to a factory-directed program that obtains consumer contact information and that provides such information to one or more dealers. See Arizona Laws 28-4301

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Line-make: means those motor vehicles that are offered for sale, lease or distribution under a common name, trademark, service mark or brand name of the manufacturer of those same motor vehicles. See Arizona Laws 28-4301
  • Local authority: means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state. See Arizona Laws 28-101
  • 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
  • Manufacturer: means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers or a person engaged in the manufacture of integrated automotive systems and modules that are being tested at or in conjunction with a facility located in this state. See Arizona Laws 28-4531
  • Manufacturer: means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers. See Arizona Laws 28-101
  • Manufacturer: means any person who either:

    (a) Manufactures or assembles new motor vehicles. See Arizona Laws 28-4301

  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Motor home: means a motor vehicle that is primarily designed as temporary living quarters and that:

    (a) Is built onto as an integral part of, or is permanently attached to, a motor vehicle chassis. 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
  • Motorcycle: means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excludes a tractor, an electric bicycle and a moped. See Arizona Laws 28-101
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • New house trailer dealer: means a person who buys, sells, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, new house trailers or used house trailers taken in trade on new house trailers. See Arizona Laws 28-4301
  • New motor vehicle: means a motor vehicle, other than a used motor vehicle, that is held either for:

    (a) Sale by the franchisee who first acquired the vehicle from the manufacturer or distributor of the vehicle. See Arizona Laws 28-4301

  • New motor vehicle dealer: means a person who buys, sells, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, new motor vehicles or used motor vehicles taken in trade on new motor vehicles or used vehicles purchased for resale. See Arizona Laws 28-4301
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Off-premises display and sales: means a promotion or sale of motor vehicles for a period of time as specified by the director that both:

    (a) Is sponsored by a licensed motor vehicle dealer, the licensed motor vehicle dealer's agents or the manufacturer. See Arizona Laws 28-4301

  • Off-premises exhibition: means the exhibition of a motor vehicle for a period of time as specified by the director at a location within the same county but not at the established place of business of a licensed motor vehicle dealer and at which a solicitation or sale does not occur. See Arizona Laws 28-4301
  • Operator: means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Arizona Laws 28-101
  • Owner: means :

    (a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Public consignment auction dealer: means a person who at the public consignment auction dealer's established place of business or at an authorized off-premises location pursuant to the requirements of section 28-4401 is in the business of both of the following:

    (a) Conducting live auctions with a licensed auctioneer verbally calling for and accepting bids. See Arizona Laws 28-4301

  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • relevant market area: means the incorporated city or town in which the franchise is located. See Arizona Laws 28-4301
  • Retail consumer: means any person purchasing, leasing or acquiring or possibly purchasing, leasing or acquiring a vehicle or product, service or financing not for resale. See Arizona Laws 28-4301
  • Semitrailer: means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Arizona Laws 28-101
  • Service: means any service that is sold, leased or provided to retail consumers and that directly relates to the ownership or leasing of a new or used motor vehicle, including extended service contracts or motor vehicle warranty and nonwarranty repairs or maintenance, including both parts and labor. See Arizona Laws 28-4301
  • Service of process: The service of writs or summonses to the appropriate party.
  • Special event: means an exhibition of new motor homes by a motor vehicle dealer licensed to sell new motor homes or an exhibitor for a period of time specified by the director at a location in this state other than the licensee's or exhibitor's established place of business. See Arizona Laws 28-4301
  • State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
  • State highway: means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state. See Arizona Laws 28-101
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Title transfer form: means a paper or an electronic form that is prescribed by the department for the purpose of transferring a certificate of title from one owner to another owner. See Arizona Laws 28-101
  • Trailer: means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. See Arizona Laws 28-101
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transporter: means a person who is lawfully engaged in the business of transporting or delivering vehicles that are not the person's own and vehicles of a type otherwise required to be registered, by the driveaway or towaway methods, from a point of manufacture, assembly or distribution or from the owner of the vehicles to a dealer or sales agent of a manufacturer or to any consignee designated by the shipper or consignor. See Arizona Laws 28-4621
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Truck: means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying. See Arizona Laws 28-101
  • Truck tractor: means a motor vehicle that is designed and used primarily for drawing other vehicles and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn. See Arizona Laws 28-101
  • Trustee: A person or institution holding and administering property in trust.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Used motor vehicle: means a motor vehicle that has been sold, bargained, exchanged or given away or the title to the motor vehicle has been transferred from the person who first acquired the vehicle from the manufacturer, or importer, dealer or agent of the manufacturer or importer, and that has been placed in bona fide consumer use. See Arizona Laws 28-4301
  • Used motor vehicle dealer: means a person, other than a new motor vehicle dealer, who buys, sells, auctions, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, seven or more used motor vehicles in a continuous twelve month period. See Arizona Laws 28-4301
  • Venue: The geographical location in which a case is tried.
  • Wholesale motor vehicle auction dealer: means a person who both:

    (a) Is in the business of providing auction services solely in wholesale transactions to motor vehicle dealers licensed by this state or any other jurisdiction. See Arizona Laws 28-4301

  • Wholesale motor vehicle dealer: means a person who sells used motor vehicles only to licensed motor vehicle dealers. See Arizona Laws 28-4301
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
  • Writing: includes printing. See Arizona Laws 1-215