------------------------------------------------------ ¦ REFERENCE TITLE: commercial vehicles; plate to owner ¦ ------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fourth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2000 ¦ ------------------------------------------------------ ¦ HB 2001 ¦ ------------------------------------------------------ ¦ Introduced by ¦ ¦ Representative Kyle ¦ ------------------------------------------------------
AN ACT
AMENDING SECTIONS 28-2058, 28-2091 AND 28-2207, ARIZONA REVISED STATUTES; AMENDING TITLE 28, CHAPTER 7, ARTICLE 11, ARIZONA REVISED STATUTES, BY ADDING SECTION 28-2356; RELATING TO COMMERCIAL VEHICLE LICENSE PLATES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-2058, Arizona Revised Statutes, is amended to read:
28-2058. Transfer of title; odometer mileage disclosure statement
A. When the owner of a registered or unregistered vehicle transfers or assigns the owner's title or interest to the vehicle:
1. If the vehicle is registered:
(a) The owner shall endorse on the certificate of title to the vehicle an assignment with the warranty of title in the form printed on the certificate.
(b) Except as provided in section 28-2094, the owner shall deliver the certificate to the purchaser or transferee at the time of delivery of the vehicle to the purchaser or transferee.
(c) EXCEPT AS OTHERWISE PROVIDED BY LAW, the registration of the vehicle expires.
(d) Except as otherwise provided by law, the license plates assigned to the vehicle shall remain on the vehicle.
(e) The owner shall remove the registration card issued for the vehicle, endorse the name and address of the transferee and the date of transfer and immediately forward the card or other written notification to the department.
(f) IF SECTION 28-2356 APPLIES:
(i) THE OWNER OR LESSEE SHALL TRANSFER THE LICENSE PLATES, SURRENDER THE LICENSE PLATES TO THE DEPARTMENT OR AN AUTHORIZED THIRD PARTY OR SUBMIT AN AFFIDAVIT OF LICENSE PLATE DESTRUCTION WITHIN THIRTY DAYS AFTER THE OWNER OR LESSEE TRANSFERS OR ASSIGNS THE OWNER'S OR LESSEE'S TITLE OR INTEREST IN THE VEHICLE.
(ii) THE ACQUIRING OWNER OR LESSEE SHALL APPLY FOR REGISTRATION OR TITLE, OR BOTH, WITHIN FIFTEEN DAYS AFTER THE RELINQUISHING OWNER OR LESSEE TRANSFERS OR ASSIGNS THE RELINQUISHING OWNER'S OR LESSEE'S TITLE OR INTEREST IN THE VEHICLE.
2. Regardless of whether or not the vehicle is registered:
(a) Except as provided in subsection B of this section, the owner shall deliver to the purchaser or transferee an odometer mileage disclosure statement in a form prescribed by the director.
(b) Except as provided in section 28-2060, the purchaser or transferee shall present the certificate of title to the department with the required fee within thirty days after the transfer and:
(i) The department shall issue a new certificate of title to the purchaser or transferee.
(ii) If required, the purchaser or transferee shall apply for and obtain registration, and the department shall issue new license plates to the purchaser or transferee.
B. The odometer disclosure requirement of subsection A of this section does not apply to:
1. A motor vehicle that is ten model years of age or older.
2. A motor vehicle that has a gross vehicle weight rating of sixteen thousand pounds or more.
3. A vehicle that is not self-propelled.
4. A motor vehicle that is sold directly by the manufacturer to an agency of the United States in conformity with contractual specifications.
5. A new motor vehicle that is purchased for resale and not for use by the purchaser.
Sec. 2. Section 28-2091, Arizona Revised Statutes, is amended to read:
28-2091. Salvage certificate of title; nonrepairable vehicle certificate of title; violation; classification; definitions
A. If a vehicle subject to titling or registration pursuant to this chapter becomes a salvage vehicle or nonrepairable vehicle and is acquired by an insurance company as a result of a total loss insurance settlement, the insurance company or its authorized agent shall submit an application to the department within thirty days after the loss or settlement of the loss on a form prescribed by the department for a salvage certificate of title or nonrepairable vehicle certificate of title and include the following:
1. A properly endorsed certificate of title.
2. A lien satisfaction, if applicable.
3. The registration card.
4. The license plate PLATES, if any THE LICENSE PLATES ARE NOT
RETAINED OR AN AFFIDAVIT OF LICENSE PLATE DESTRUCTION IS NOT SUBMITTED PURSUANT TO
SECTION 28-2356.
5. The appropriate fees.
B. If the registration card or license plate is lost or destroyed, the applicant shall state in a form prescribed by the department, under penalty of perjury, the circumstances of the loss or destruction.
C. Except for vehicles registered pursuant to section 28-2482, 28-2483 or 28-2484, if the owner retains possession of a salvage vehicle or nonrepairable vehicle, the owner shall comply with this section before receiving a total loss settlement from the insurance company or otherwise disposing of the vehicle.
D. Any other owner of a vehicle that is a salvage vehicle or nonrepairable vehicle shall apply for a salvage certificate of title or nonrepairable vehicle certificate of title pursuant to this section.
E. On receipt of a proper application, the department shall issue a salvage certificate of title or nonrepairable vehicle certificate of title for the vehicle.
F. If the department issues a nonrepairable vehicle certificate of title for a vehicle, the registration of the vehicle is cancelled. The front of a nonrepairable vehicle certificate of title shall be branded with the word "nonrepairable". The ownership of a vehicle for which a nonrepairable vehicle certificate of title has been issued shall not be reassigned more than two times on that certificate of title. If a nonrepairable vehicle certificate of title is issued for a vehicle, the department shall not issue any further certificate of title for that vehicle.
G. An owner of a vehicle that is not a salvage vehicle who sells the vehicle as scrap or for purposes of dismantling or destroying shall assign the certificate of title to the purchaser, and the purchaser shall comply with section 28-2094.
H. On sale of the vehicle, an owner of a salvage vehicle for which a salvage certificate of title has been obtained or an owner of a nonrepairable vehicle for which a nonrepairable vehicle certificate of title has been obtained shall assign and deliver the salvage certificate of title or nonrepairable vehicle certificate of title to the purchaser and shall notify the department of the name and address of the purchaser. The department shall issue a certificate of title to a vehicle that has been issued a salvage certificate of title as a result of a total loss settlement by reason of theft if the vehicle is recovered and was not wrecked or stripped of essential parts. For the purposes of this subsection, "essential parts" means integral and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.
I. Any person who sells a vehicle for which a salvage certificate of title has been issued and who knows a salvage certificate of title has been issued for the vehicle shall disclose to the buyer before completion of the sale that the vehicle is a salvage vehicle.
J. If a vehicle that is titled as a salvage vehicle is to be scrapped, dismantled or destroyed, the owner or purchaser shall comply with section 28-2094.
K. The provisions of this chapter that refer to titles apply to salvage certificates of title and nonrepairable vehicle certificates of title issued pursuant to this section unless they conflict with this section.
L. If SECTION 28-2356 DOES NOT APPLY AND a person has a currently registered vehicle that has subsequently become a total loss due to an accident or an unrecovered theft, the person may make a verified written application to the registering officer indicating the occurrence of the total loss. When the registering officer confirms that an application for a salvage certificate of title, nonrepairable vehicle certificate of title or dismantle certificate of title has been made, the registering officer shall:
1. Determine the amount of the vehicle license tax as provided for in section 28- 5801.
2. Reduce the amount of the registration fee required pursuant to section 28-2003 and the vehicle license tax determined in paragraph 1 of this subsection by:
(a) One-twelfth for each full month of the registration period not yet expired if the vehicle is registered on an annual basis.
(b) One twenty-fourth for each full month of the registration period not yet expired if the vehicle is registered on a biennial basis pursuant to section 28-2159.
3. Refund the owner with the appropriate amount of the fee and tax previously paid, to be applied to the registration of another vehicle.
M. If a component part of a vehicle on which the vehicle identification number is affixed is to be replaced and if the vehicle is being repaired by a person other than its owner, the person shall notify the owner in writing and in the manner prescribed by the department that the part has been replaced, and the owner shall comply with section 28- 2165.
N. A person who violates this section is guilty of a class 2 misdemeanor.
O. For the purposes of this section:
1. "Nonrepairable vehicle" means a vehicle of a type that is otherwise subject to titling and registration pursuant to this chapter and that either:
(a) Has no resale value except as a source of parts or scrap metal and the owner or insurer designates the vehicle solely as a source of parts or scrap metal.
(b) Is a completely stripped vehicle that is recovered from theft and that is missing the engine or motor, the transmission, all of the bolt-on sheet metal body panels, all of the doors and hatches, substantially all of the interior components and substantially all of the grill and light assemblies or that the owner designates has little or no resale value except its worth as a source of scrap metal or as a source of a vehicle identification number that could be used illegally.
(c) Is a completely burned vehicle that has been burned to the extent that there are no usable or repairable body or interior components, tires and wheels, engine or motor or transmission and that the owner irreversibly designates as having little or no resale value except as a source of scrap metal or as a source of a vehicle identification number that could be used illegally.
2. "Nonrepairable vehicle certificate of title" means a vehicle ownership document issued to the owner of a nonrepairable vehicle.
3. "Salvage vehicle" means a vehicle, other than a nonrepairable vehicle, of a type that is subject to titling and registration pursuant to this chapter and that has been stolen, wrecked, destroyed, flood or water damaged or otherwise damaged to the extent that the owner, leasing company, financial institution or insurance company that insured the vehicle considers it uneconomical to repair the vehicle.
Sec. 3. Section 28-2207, Arizona Revised Statutes, is amended to read:
28-2207. Renewal of fleet registration; deletion of vehicle
A. On the renewal of a fleet registration, the department shall require payment of full license fees for each vehicle registered in the preceding year unless the vehicle has been deleted from the fleet as required by this section.
B. To delete a vehicle from a fleet, the fleet registrant shall surrender to the department the permanent registration card, the permanent validating sticker and the license plate, EXCEPT THAT, IF SECTION 28-2356 APPLIES, THE FLEET REGISTRANT SHALL NOTIFY THE DEPARTMENT THAT THE LICENSE PLATE ASSIGNED TO THE VEHICLE HAS BEEN REMOVED FROM THE VEHICLE. NOTWITHSTANDING SECTION 28-2058 AND IF SECTION 28-2356 APPLIES, THE DEPARTMENT MAY ALLOW A FLEET REGISTRANT TO RETAIN A LICENSE PLATE THAT IS NOT TRANSFERRED TO ANOTHER VEHICLE. IF THE DEPARTMENT DOES NOT ALLOW A FLEET REGISTRANT TO RETAIN THE LICENSE PLATE, THE FLEET REGISTRANT SHALL EITHER SURRENDER THE LICENSE PLATE TO THE DEPARTMENT OR AN AUTHORIZED THIRD PARTY OR SUBMIT AN AFFIDAVIT OF LICENSE PLATE DESTRUCTION AS PRESCRIBED BY THE DIRECTOR. If the card, sticker or license plate is lost or stolen, the fleet registrant shall submit a sworn statement detailing the circumstances for the inability to surrender the card, sticker or license plate. IF SECTION 28-2356 APPLIES AND THE LICENSE PLATE IS LOST OR STOLEN, THE FLEET REGISTRANT SHALL SUBMIT A SWORN STATEMENT DETAILING THE CIRCUMSTANCES FOR THE INABILITY TO RETAIN, SURRENDER OR DESTROY THE LICENSE PLATE.
Sec. 4. Title 28, chapter 7, article 11, Arizona Revised Statutes, is amended by adding section 28-2356, to read:
28-2356. Transfer of commercial vehicle license plates to another commercial vehicle
A. THE OWNER OR LESSEE OF A VEHICLE THAT IS SUBJECT TO COMMERCIAL REGISTRATION AND GROSS WEIGHT FEES PURSUANT TO SECTION 28-5433 AND FOR WHICH THE DEPARTMENT PROVIDED LICENSE PLATES PURSUANT TO SECTION 28-2351 SHALL RETAIN THOSE LICENSE PLATES WHEN THE OWNER OR LESSEE TRANSFERS THE VEHICLE TO ANOTHER PERSON.
B. THE DEPARTMENT MAY ASSIGN THE LICENSE PLATES RETAINED PURSUANT TO
SUBSECTION A OF THIS SECTION TO ANOTHER VEHICLE THAT BELONGS TO THE OWNER OR LESSEE IF
ALL OF THE FOLLOWING APPLY:
1. THE OTHER VEHICLE IS OF THE SAME VEHICLE TYPE AND IS SUBJECT TO COMMERCIAL
REGISTRATION AND GROSS WEIGHT FEES PURSUANT TO SECTION 28-5433.
2. THE OWNER OR LESSEE MAKES PROPER APPLICATION TO THE DIRECTOR OR A THIRD
PARTY AUTHORIZED PURSUANT TO CHAPTER 13 OF THIS TITLE.
3. THE OWNER OR LESSEE PAYS A TRANSFER FEE OF TWELVE DOLLARS IN ADDITION TO
ANY OTHER FEES REQUIRED BY LAW.
4. IF THE REGISTRATION FEES, VEHICLE LICENSE TAX, GROSS WEIGHT FEES,N
COMMERCIAL REGISTRATION FEES, SPECIAL PLATE FEES AND MOTOR CARRIER FEES ARE MORE THAN THE
SIMILAR FEES AND TAXES REQUIRED TO REGISTER THE VEHICLE TO WHICH THE LICENSE PLATES WERE
PREVIOUSLY ASSIGNED, THE OWNER OR LESSEE PAYS ANY ADDITIONAL FEES AND TAXES REQUIRED
AFTER SUBTRACTING ANY CREDIT ALLOWED UNDER SUBSECTION E OF THIS SECTION.
C. IF THE OTHER VEHICLE IS NOT OF THE SAME VEHICLE TYPE AS THE VEHICLE FOR
WHICH THE LICENSE PLATES WERE PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION 28-2351 OR
IS NOT SUBJECT TO COMMERCIAL REGISTRATION AND GROSS WEIGHT FEES PURSUANT TO SECTION 28-
5433, THE OWNER OR LESSEE SHALL EITHER SURRENDER THE LICENSE PLATES TO THE DEPARTMENT OR
AN AUTHORIZED THIRD PARTY OR SUBMIT AN AFFIDAVIT OF LICENSE PLATE DESTRUCTION ASN
PRESCRIBED BY THE DIRECTOR. ON SURRENDER OF THE LICENSE PLATES OR SUBMISSION OF AN
AFFIDAVIT OF LICENSE PLATE DESTRUCTION, THE DEPARTMENT SHALL PROVIDE NEW LICENSE PLATES
OF THE PROPER VEHICLE TYPE TO THE OWNER OR LESSEE AND, SUBJECT TO SUBSECTION D OF THIS
SECTION, CREDIT THE OWNER OR LESSEE WITH AN AMOUNT EQUAL TO THE UNEXPENDED PORTION OF THE
FEES AND TAXES ORIGINALLY PAID BY THE OWNER OR LESSEE FOR REGISTRATION AND LICENSE PLATES
TOWARD FEES AND TAXES CHARGED FOR THE REGISTRATION AND LICENSE PLATES OF THE APPROPRIATE
NEW VEHICLE TYPE.
D. IF FEES AND TAXES CHARGED FOR THE REGISTRATION OF ANOTHER VEHICLE TO WHICH
LICENSE PLATES ARE ASSIGNED ARE LESS THAN THE SIMILAR FEES AND TAXES FOR THE REGISTRATION
OF THE VEHICLE TO WHICH THE LICENSE PLATES WERE LAST ASSIGNED OR IF FEES AND TAXES
CHARGED FOR NEW LICENSE PLATES OF A DIFFERENT VEHICLE TYPE ARE LESS THAN FEES AND TAXES
FOR THE REGISTRATION OF THE OWNER'S OR LESSEE'S PREVIOUS VEHICLE, THE OWNER OR LESSEE IS
NOT ENTITLED TO A REFUND.
E. THE OWNER OR LESSEE OF A REGISTERED VEHICLE WHO TRANSFERS LICENSE PLATES
TO ANOTHER VEHICLE OR WHO SURRENDERS LICENSE PLATES OR SUBMITS AN AFFIDAVIT OF LICENSE
PLATE DESTRUCTION PURSUANT TO SUBSECTION C OF THIS SECTION IS ENTITLED TO A CREDIT FOR
THE UNEXPIRED PORTION OF THE FEES AND TAXES PAID AS REQUIRED BY LAW IN ACCORDANCE WITH
THE FOLLOWING CONDITIONS:
1. THE FEES AND TAXES ARE PRORATED ON A MONTHLY BASIS BEGINNING ON THE FIRST
DAY OF THE REGISTRATION MONTH FOLLOWING THE DATE OF ACQUISITION OF THE VEHICLE.
2. THE CREDIT SHALL BE AN AMOUNT COMPUTED AS FOLLOWS:
(a) IF THE VEHICLE IS REGISTERED ON AN ANNUAL BASIS, ONE-TWELFTH FOR EACH FULL
MONTH OF THE REGISTRATION PERIOD NOT YET EXPIRED.
(b) IF THE VEHICLE IS REGISTERED ON A BIENNIAL BASIS PURSUANT TO
SECTION 28-2159, ONE-TWENTY-FOURTH FOR EACH FULL MONTH OF THE REGISTRATION PERIOD NOT YET
EXPIRED.
(c) IF THE VEHICLE IS PERMANENTLY REGISTERED, ONE-TWENTY-FOURTH FOR
EACH FULL MONTH AFTER ACQUISITION OF THE VEHICLE TO THE TWENTY-FOURTH MONTH AFTER THE
DATE OF INITIAL PERMANENT REGISTRATION OF THE VEHICLE.
F. AN OWNER OR LESSEE WHO TRANSFERS LICENSE PLATES TO ANOTHER VEHICLE
PURSUANT TO THIS SECTION IS SUBJECT TO THE SAME PENALTIES FOR THE USE OF THE LICENSE
PLATES ON ANOTHER VEHICLE OR FOR IMPROPER USE OF THE LICENSE PLATES AS THE OWNER OR
LESSEE WOULD HAVE BEEN SUBJECT TO FOR USE OF THE LICENSE PLATES ON THE VEHICLE TO WHICH
THE PLATES WERE PREVIOUSLY ASSIGNED.
G. THE DIRECTOR SHALL ADOPT RULES NECESSARY TO ADMINISTER THIS SECTION.
Sec. 5. Effective date
This section is effective from and after December 31, 2000.