House of Representatives

HB 2056

licensed vehicle dealers

Sponsors: Representatives Cooley, Carruthers, et al

 

dpa

Committee on Transportation

DP

Committee on Financial Institutions and Insurance

X

Caucus and COW

 

 

As Passed the House

 

House Bill 2056 makes numerous changes to statutes affecting motor vehicle dealers at the request of the Arizona Department of Transportation Motor Vehicle Division (MVD).

 

Provisions

 

·                      Provides that a licensed dealer must apply for an off-premises exhibition, display and sale or special event to MVD at least ten business days before the date of the event.

·                      Specifies that an off-premises display and sale permit is valid for seven calendar days and that an off-premises exhibition permit is valid for ten calendar days.

·                      Prohibits MVD from issuing more than one off-premises display and sales or exhibition permit for the same location in a calendar quarter.

·                      Specifies that authorized representatives of a law enforcement agency or the director may examine the records of a licensee.

·                      Clarifies that a dealer licenses, recycler licenses, and transporter licenses are not transferable, salable or eligible for assignment to another person.

·                      Removes archaic language that requires a dealer who sells mobile medical clinics to display a dealer’s license in an established place of business.

·                      Requires “brokers” to erect a sign at their principal place of business.

·                      Expands the department’s authority when issuing a cease and desist order to require the licensee from further engaging in a prohibited activity or to cease and desist from the activity and from operating as a dealer.

·                      Allows a licensed dealer who receives a cease and desist order to request a hearing.

·                      Removes the requirement that the Director schedule a hearing for an unlicensed dealer and allows a person who receives a cease and desist order for acting as an unlicensed dealer to submit a written request for a hearing to the director.

·                      Strikes the requirement that the Director issue a written notice for a hearing to a person alleged to be operating as an unlicensed dealer and replaces it with a requirement that the person must request a hearing.

·                      Allows the Director to suspend temporary registration plates, or dealer or manufacturer plates, prior to conducting a hearing and permits the dealer or manufacturer to request a hearing within thirty days after receiving notice of the suspension.

·                      Requires title service companies to display their license in the established place of business for which the license was obtained and prohibits the sale, reassignment or transfer of the license.

·                      Specifies that authorized representatives of a law enforcement agency may examine the records of a title service company.

·                      Prescribes that an owner or registrant of a fleet must have at least one hundred vehicles in the fleet to qualify for an exemption from the criminal record check prior to authorization by the department as a third party.

·                      Specifies that authorized representatives of a law enforcement agency or the director may examine the records of a third party

·                      Allows a person to apply for an aircraft dealer’s license on forms authorized by the director.

·                      Makes technical and conforming changes.

 

HB 2056 passed the Committee on Transportation amended:

·        Removed provision in the bill specifying time limits for an off-premises display and sales or exhibition permit

·        Removed language restricting MVD to issuance of one off-premises display and sales or exhibition permit for the same location in the same calendar quarter.

 

HB 2056 passed the Financial Institutions and Insurance Committee unamended.

 

 

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44th Legislature                                                                                                                                

Second Regular Session                               2                                                       February 6, 2001

 

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