ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: TI DPA 10-0-1-0 | 3^rd Read 45-13-1-0-1 Senate: TTMC DP 4-2-1-0 | 3^rd Read 16-11-3-0

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HB2389: vehicle sales; emergency stop; prohibition

NOW: motor vehicles; features; technology; prohibition

Sponsor: Representative Kolodin, LD 3

Senate Engrossed

Overview

Prohibits a motor vehicle from being sold or leased in this state if the motor vehicle has a mechanism that allows a person who is not the owner of the motor vehicle and who does not have the motor vehicle's physical key to remotely shut off the motor vehicle.

History

If a sale or lease of a motor vehicle from a motor vehicle dealer or a lessor to a customer is conditioned on final approval of financing by a lender or lessor, the motor vehicle dealer or lessor must retain title and possession of any motor vehicle traded by a customer as part of the transaction until financing is finally approved or the traded motor vehicle is returned to the customer. Any remedy for a violation of requirements relating to motor vehicle transactions may not be waived, modified or limited by agreement or contract.

If a motor vehicle dealer charges a document fee for a motor vehicle transaction, the motor vehicle dealer must clearly and conspicuously disclose in its advertisement for a motor vehicle that a document fee will be charged for a motor vehicle transaction (A.R.S. § 44-1371).

Provisions

1. Restricts a motor vehicle from knowingly being sold or leased in this state if the motor vehicle has a mechanism that allows a person who is not the owner of the motor vehicle and who is not in possession of the motor vehicle's physical key to remotely shut off the motor vehicle without the owner's consent. (Sec. 1)

2. States that a mechanism includes an emergency stop mechanism, an emergency off mechanism or an emergency power off mechanism and does not include a mobile application that allows the owner of the motor vehicle to deny access to the motor vehicle to another person, including a governmental entity, at any time or an onboard computer system that addresses an imminent mechanical critical safety issue. (Sec. 1)

3. Specifies that an owner includes a lienholder when the use of the mechanism is a term of a contract between the lienholder and the owner of the motor vehicle. (Sec. 1)

Senate Amendments

1. Prohibits a motor vehicle from knowingly being sold or leased in this state if the motor vehicle has a mechanism that allows a person who is not the owner of the motor vehicle and who does not possess the motor vehicle's mechanical or electronic key, rather than the physical key, to remotely shut off the motor vehicle without the owner's consent.

2. Restricts this state or any subdivision of this state from prohibiting or restricting the manufacturing, sale or use of a motor vehicle solely because the motor vehicle does not contain a feature, technology or an onboard computer system that:

a) is a mobile application that allows the owner of the motor vehicle to deny access to the motor vehicle to another person, including a governmental entity;

b) addresses an imminent critical safety issue that impacts a mechanical or software component of the motor vehicle;

c) activates if a driver is inattentive, impaired, suffers a medical emergency or experiences loss of consciousness;

d) takes corrective action in a motor vehicle with an engaged partial driving automation feature if the driver is not attentive or engaged in the driving task and does not respond to feature warnings;

e) automatically brings a motor vehicle with an engaged automated driving system to a minimal risk condition; or

f) automatically shuts off the engine or motor of a motor vehicle if the vehicle has been parked for an extended period with the engine or motor on.

3. Modifies the definition of mechanism.

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                  HB 2389

Initials JB/LM     Page 0 Senate Engrossed

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