13-3728. Unlawful purchase, solicitation, advertisement, possession or sale of used detached catalytic converter; classification; definition

445 words·~2 min read·/az/title-13/13-3728

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. It is unlawful for a person to purchase, solicit, advertise, possess or sell a used detached catalytic converter or any nonferrous parts of a catalytic converter.

B. Subsection A of this section does not apply to:

1. The possession or sale of a used detached catalytic converter or any nonferrous parts of a catalytic converter by an automotive recycler that is licensed pursuant to title 28, chapter 10 if the possession or sale is in the automotive recycler's ordinary course of business.

2. The purchase or sale of a used detached catalytic converter or any nonferrous parts of a catalytic converter as prescribed by section 44-1642.01 that are acquired in a transaction with an industrial account, with another scrap metal dealer or after the used detached catalytic converter or the nonferrous parts of a catalytic converter are authorized for release by a peace officer of the jurisdiction in which the transaction occurs, except that a solicitation or advertisement for a used detached catalytic converter or any nonferrous parts of a catalytic converter may be made only for industrial accounts.

3. The possession or sale of a used detached catalytic converter or any nonferrous parts of a catalytic converter by a commercial motor vehicle parts or repair business that sells or installs new catalytic converters if the possession or sale is in the business's ordinary course of business. A commercial motor vehicle parts or repair business may purchase a used detached catalytic converter being sold as a vehicle repair part in compliance with United States environmental protection agency policy.

The used detached catalytic converter in compliance with United States environmental protection agency policy shall be marked with the date the catalytic converter was removed from the vehicle, the vehicle identification number of the vehicle from which the catalytic converter was removed or an alternative number to the vehicle identification number. If an alternative number is used, the alternative number must be under a numbering system that can be immediately linked to the vehicle identification number by law enforcement.

C. A person that purchases a used detached catalytic converter or any nonferrous parts of a catalytic converter shall electronically submit to the department of public safety a record of each transaction relating to a used detached catalytic converter or any nonferrous parts of a catalytic converter in accordance with section 44-1644.

D. A violation of this section is a class 1 misdemeanor, except that a violation of subsection A of this section involving the unlawful possession of ten or more used detached catalytic converters is a class 6 felony.

E. For the purposes of this section, "catalytic converter" has the same meaning prescribed in section 44-1642.01.