HB 2389
Initials JB/LM Page 1 Senate Engrossed
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
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.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2389
Initials JB/LM Page 2 Senate Engrossed
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.