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| 1 | + | House Engrossed vehicle sales; emergency stop; prohibition State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HOUSE BILL 2389 An Act amending title 44, chapter 9, article 15, Arizona Revised Statutes, by adding section 44-1371.01; relating to motor vehicle transactions. (TEXT OF BILL BEGINS ON NEXT PAGE) | |
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| 9 | + | House Engrossed vehicle sales; emergency stop; prohibition | |
| 10 | 10 | State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 | |
| 11 | 11 | HOUSE BILL 2389 | |
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| 13 | + | House Engrossed | |
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| 17 | 17 | vehicle sales; emergency stop; prohibition | |
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| 19 | - | (now: motor vehicles; features; technology; prohibition) | |
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| 29 | 27 | State of Arizona | |
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| 31 | 29 | House of Representatives | |
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| 33 | 31 | Fifty-sixth Legislature | |
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| 35 | 33 | Second Regular Session | |
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| 37 | 35 | 2024 | |
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| 45 | 43 | HOUSE BILL 2389 | |
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| 55 | 53 | An Act | |
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| 59 | 57 | amending title 44, chapter 9, article 15, Arizona Revised Statutes, by adding section 44-1371.01; relating to motor vehicle transactions. | |
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| 65 | 63 | (TEXT OF BILL BEGINS ON NEXT PAGE) | |
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| 69 | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 44, chapter 9, article 15, Arizona Revised Statutes, is amended by adding section 44-1371.01, to read: START_STATUTE44-1371.01. Motor vehicle sales; emergency shut off mechanisms prohibited; definitions A. Notwithstanding any other law | |
| 67 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 44, chapter 9, article 15, Arizona Revised Statutes, is amended by adding section 44-1371.01, to read: START_STATUTE44-1371.01. Motor vehicle sales; emergency shut off mechanisms prohibited; definitions A. Notwithstanding any other law, a motor vehicle may not knowingly be sold or leased in this state if the motor vehicle has a mechanism that allows a person that is not the owner of the motor vehicle and that is not in possession of the motor vehicle's physical key to remotely shut off the motor vehicle without the owner's consent. B. For the purposes of this section: 1. "mechanism": (a) includes an emergency stop mechanism, an emergency off mechanism or an emergency power off mechanism. (b) does not include either of the following: (i) 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. (ii) An onboard computer system that addresses an imminent mechanical critical safety issue. 2. "owner" includes a lienholder when the use of the mechanism described in subsection a of this section is a term of a contract BETWEEN the lienholder and the owner of the motor vehicle. END_STATUTE | |
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| 71 | 69 | Be it enacted by the Legislature of the State of Arizona: | |
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| 73 | 71 | Section 1. Title 44, chapter 9, article 15, Arizona Revised Statutes, is amended by adding section 44-1371.01, to read: | |
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| 75 | 73 | START_STATUTE44-1371.01. Motor vehicle sales; emergency shut off mechanisms prohibited; definitions | |
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| 77 | - | A. Notwithstanding any other law: | |
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| 79 | - | 1. A motor vehicle may not knowingly be sold or leased in this state if the motor vehicle has a mechanism that allows a person that is not the owner of the motor vehicle and that is not in possession of the motor vehicle's mechanical or electronic key to remotely shut off the motor vehicle without the owner's consent. | |
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| 81 | - | 2. this state or any subdivision of this state may not prohibit or restrict the manufacturing, sale or use of a motor vehicle solely because the motor vehicle does not contain a feature or technology described in subsection B, Paragraph 1, subdivision (b) of this section. | |
| 75 | + | A. Notwithstanding any other law, a motor vehicle may not knowingly be sold or leased in this state if the motor vehicle has a mechanism that allows a person that is not the owner of the motor vehicle and that is not in possession of the motor vehicle's physical key to remotely shut off the motor vehicle without the owner's consent. | |
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| 83 | 77 | B. For the purposes of this section: | |
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| 85 | 79 | 1. "mechanism": | |
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| 87 | 81 | (a) includes an emergency stop mechanism, an emergency off mechanism or an emergency power off mechanism. | |
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| 89 | - | (b) does not include | |
| 83 | + | (b) does not include either of the following: | |
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| 91 | - | (i) | |
| 85 | + | (i) 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. | |
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| 93 | - | (ii) ACTIVATES IF A DRIVER IS INATTENTIVE, IMPAIRED, SUFFERS A MEDICAL EMERGENCY OR EXPERIENCES A LOSS OF CONSCIOUSNESS. | |
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| 95 | - | (iii) 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. | |
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| 97 | - | (iv) automatically BRINGS A MOTOR VEHICLE WITH AN ENGAGED AUTOMATED DRIVING SYSTEM TO A MINIMAL RISK CONDITION. | |
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| 99 | - | (v) AUTOMATICALLY SHUTS OFF THE ENGINE OR MOTOR OF A MOTOR VEHICLE IF THE MOTOR VEHICLE HAS BEEN PARKED FOR AN EXTENDED PERIOD OF TIME WHILE THE ENGINE OR MOTOR IS ON. | |
| 87 | + | (ii) An onboard computer system that addresses an imminent mechanical critical safety issue. | |
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| 101 | 89 | 2. "owner" includes a lienholder when the use of the mechanism described in subsection a of this section is a term of a contract BETWEEN the lienholder and the owner of the motor vehicle. END_STATUTE |