Terms Used In Arizona Laws > Title 28 > Chapter 10 > Article 4 - Vehicle Dealer Requirements and Restrictions

• Alternative fuel: means :

  (a) Electricity. See Arizona Laws 1-215

• Automotive recycler: means a person that is engaged in the business of buying or acquiring a motor vehicle solely for the purpose of dismantling, selling or otherwise disposing of the parts or accessories and that removes parts for resale from six or more vehicles in a calendar year. See Arizona Laws 28-101
• Broker: means a person who for any fee, commission or other valuable consideration offers to provide, provides or represents that the person will provide a service of arranging or assisting in effecting the purchase of a motor vehicle and who is not:

  (a) A new motor vehicle dealer or an employee or agent of a new motor vehicle dealer. See Arizona Laws 28-4301

• Certificate of title: means a paper document or an electronic record that is issued by the department and that indicates ownership of a vehicle. See Arizona Laws 28-101
• Community: means the relevant market area. See Arizona Laws 28-4301
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
• Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
• Director: means the director of the department of transportation. See Arizona Laws 28-101
• Distributor: means a person who either:

  (a) Sells or distributes new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

• Distributor branch: means a branch office maintained or availed of by a distributor for either:

  (a) The sale of new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

• Drive: means to operate or be in actual physical control of a motor vehicle. See Arizona Laws 28-101
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exhibitor: means a manufacturer of new motor homes that exhibits new motor homes at a special event. See Arizona Laws 28-4301
• Factory branch: means a branch office maintained or availed of by a manufacturer for either:

  (a) The sale of new motor vehicles to distributors or the sale of new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

• Financial institution: means a bank, trust company, savings and loan association, credit union, consumer lender, international banking facility or holding company that is licensed, regulated or insured by the department of insurance and financial institutions, the federal deposit insurance corporation, the office of thrift supervision, the comptroller of the currency, the national credit union share insurance fund or the national credit union administration. See Arizona Laws 28-4301
• Franchise: means a contract between two or more persons if all of the following conditions are included:

  (a) A commercial relationship of definite duration or continuing indefinite duration is involved. See Arizona Laws 28-4301

• Franchisee: means a person who both:

  (a) Receives new motor vehicles from the franchisor under a franchise. See Arizona Laws 28-4301

• Franchisor: means a person who both:

  (a) Manufactures or distributes new motor vehicles. See Arizona Laws 28-4301

• highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
• Importer: means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state. See Arizona Laws 28-4301
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Line-make: means those motor vehicles that are offered for sale, lease or distribution under a common name, trademark, service mark or brand name of the manufacturer of those same motor vehicles. See Arizona Laws 28-4301
• Major component part: includes a motor vehicle or vehicle part that the manufacturer has assigned any factory, motor, serial or other identification number or mark. See Arizona Laws 28-4301
• Manufacturer: means any person who either:

  (a) Manufactures or assembles new motor vehicles. See Arizona Laws 28-4301

• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Motor vehicle: means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. See Arizona Laws 28-4301
• Motor vehicle dealer: means a new motor vehicle dealer, a used motor vehicle dealer, a public consignment auction dealer, a broker or a wholesale motor vehicle auction dealer, excluding a person who comes into possession of a motor vehicle as an incident to the person's regular business and who sells, auctions or exchanges the motor vehicle. See Arizona Laws 28-4301
• New motor vehicle: means a motor vehicle, other than a used motor vehicle, that is held either for:

  (a) Sale by the franchisee who first acquired the vehicle from the manufacturer or distributor of the vehicle. See Arizona Laws 28-4301

• New motor vehicle dealer: means a person who buys, sells, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, new motor vehicles or used motor vehicles taken in trade on new motor vehicles or used vehicles purchased for resale. See Arizona Laws 28-4301
• Off-premises display and sales: means a promotion or sale of motor vehicles for a period of time as specified by the director that both:

  (a) Is sponsored by a licensed motor vehicle dealer, the licensed motor vehicle dealer's agents or the manufacturer. See Arizona Laws 28-4301

• Off-premises exhibition: means the exhibition of a motor vehicle for a period of time as specified by the director at a location within the same county but not at the established place of business of a licensed motor vehicle dealer and at which a solicitation or sale does not occur. See Arizona Laws 28-4301
• Owner: means :

  (a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101

• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Public consignment auction dealer: means a person who at the public consignment auction dealer's established place of business or at an authorized off-premises location pursuant to the requirements of section 28-4401 is in the business of both of the following:

  (a) Conducting live auctions with a licensed auctioneer verbally calling for and accepting bids. See Arizona Laws 28-4301

• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Retail consumer: means any person purchasing, leasing or acquiring or possibly purchasing, leasing or acquiring a vehicle or product, service or financing not for resale. See Arizona Laws 28-4301
• Semitrailer: means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Arizona Laws 28-101
• Service: means any service that is sold, leased or provided to retail consumers and that directly relates to the ownership or leasing of a new or used motor vehicle, including extended service contracts or motor vehicle warranty and nonwarranty repairs or maintenance, including both parts and labor. See Arizona Laws 28-4301
• Special event: means an exhibition of new motor homes by a motor vehicle dealer licensed to sell new motor homes or an exhibitor for a period of time specified by the director at a location in this state other than the licensee's or exhibitor's established place of business. See Arizona Laws 28-4301
• State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
• Title transfer form: means a paper or an electronic form that is prescribed by the department for the purpose of transferring a certificate of title from one owner to another owner. See Arizona Laws 28-101
• Trailer: means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. See Arizona Laws 28-101
• Used motor vehicle: means a motor vehicle that has been sold, bargained, exchanged or given away or the title to the motor vehicle has been transferred from the person who first acquired the vehicle from the manufacturer, or importer, dealer or agent of the manufacturer or importer, and that has been placed in bona fide consumer use. See Arizona Laws 28-4301
• Wholesale motor vehicle auction dealer: means a person who both:

  (a) Is in the business of providing auction services solely in wholesale transactions to motor vehicle dealers licensed by this state or any other jurisdiction. See Arizona Laws 28-4301

• Wholesale motor vehicle dealer: means a person who sells used motor vehicles only to licensed motor vehicle dealers. See Arizona Laws 28-4301
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
• Writing: includes printing. See Arizona Laws 1-215