006.05.406. Dealer Plates and Tags for Motor Vehicles and Motorcycles
AR ADC 006.05.406Arkansas Administrative Code
Ark. Admin. Code 006.05.406
006.05.406. Dealer Plates and Tags for Motor Vehicles and Motorcycles
Pursuant to the authority granted by Ark. Code Ann. § 27-14-403 and Act 1929 of 2005, as amended by Act 484 of 2009, the Director of the Arkansas Department of Finance and Administration does hereby promulgate the following rule governing the issuance and display of motor vehicle dealer license plates and temporary tags by motor vehicle dealers:
3. Motor Vehicle. As used in this rule, unless the context indicates otherwise, the term “motor vehicle” means a vehicle, motorcycle, machine, or truck tractor, propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property and subject to registration in Arkansas.
a. As used in this rule, unless the context indicates otherwise, the term “motor vehicle for sale” means any new or used motor vehicle that is kept on the premises of the dealership during business hours, unless the motor vehicle is being demonstrated, test driven, or used as a loaner as specifically authorized in this rule.
b. In addition to the requirement of subsection (A)(4)(a) of this rule, in order for a new motor vehicle to qualify as a “motor vehicle for sale,” the new motor vehicle must have a sticker attached to the window as required by 15 U.S.C. § 1232, except that the sticker may be removed when the vehicle is being driven but must be replaced in the window when not being driven.
c. In addition to the requirement of subsection (A)(4)(a) of this rule, in order for a used motor vehicle to qualify as a “motor vehicle for sale,” the used motor vehicle must have a window sticker attached displaying warranty terms as required by 16 C.F.R. Part 455, except that the sticker may be removed when the vehicle is being driven but must be replaced in the window when not being driven.
6.a. Dealer's Master License Plate. A dealer's master license plate is the license plate issued to a dealer who has provided the required dealer certification or a copy of the dealer's license from either the Department of Arkansas State Police or the Arkansas Motor Vehicle Commission to the director and paid a fee of One Hundred Dollars ($100). Any reference in this rule to “dealer's plate” shall mean the dealer's master license plate as defined in this subdivision.
b. Dealer's Extra License Plate. Dealer's extra license plates are the license plates that are issued to a dealer who has complied with the requirements to be issued a dealer's master license plate, has identified each manager, sales manager, or salesperson employed by the dealer, and has paid a fee of Twenty-five Dollars ($25) per dealer extra license plate.
(2) Anyone who for compensation of any kind operates as a salesperson, broker, agent, or representative of a used motor vehicle dealer, or any person who attempts to or in fact negotiates a sale of a vehicle owned partially or entirely by a used motor vehicle dealer, or a person or drafter using the financial resources, line of credit, or floor plan of a used motor vehicle dealer to purchase, sell, or exchange an interest in a used motor vehicle.
5. AUTHORIZED USERS LIST. Upon initial application for, and renewal of, one or more dealer's extra license plates, each motor vehicle dealer and motorcycle dealer is required to furnish the Director of Department of Finance and Administration with a list of the names of each of the dealer's managers, sales managers, and salespersons authorized to operate a motor vehicle or motorcycle to which the plate has been or will be attached.
6. LIMITATION ON NUMBER OF DEALER'S EXTRA LICENSE PLATES ISSUED. The number of dealer's extra license plates to be issued to any dealer shall be limited to the number of managers, sales managers, and salespersons identified in the list required to be furnished and described in subsection 5 of this section.
a. A person who buys a motor vehicle from a licensed dealer is required to obtain a temporary preprinted paper buyer's tag for the vehicle within five (5) business days after the date of purchase, unless the buyer chooses to display the license plate from a properly registered vehicle that is being replaced. See Section C(5).
c. If the dealer is unable to issue the buyer's tag, the buyer must obtain the buyer's tag from the Office of Motor Vehicle or an approved vendor. The buyer must maintain a copy of the bill of sale in the vehicle until the buyer obtains the buyer's tag. The buyer must provide to the Office or the vendor the buyer's name and the following information regarding the vehicle: the date of sale, a copy of the bill of sale or other documentation with the dealer's name, the vehicle identification number, and the make and model.
d. The buyer's tag shall be placed on the inside rear window of the vehicle. If the vehicle does not have a rear window, the buyer's tag shall be placed at the location for the permanent motor vehicle license plate. If a buyer's tag in the license plate location is damaged or destroyed, the buyer must register the vehicle or obtain a replacement buyer's tag from the dealer who issued the original or from the Office of Motor Vehicle. A replacement buyer's tag expires on the expiration date of the original buyer's tag.
2. VALIDITY PERIOD. The temporary preprinted paper buyer's tag is valid for the operation of the vehicle until the earlier of the date on which the vehicle is registered or the thirtieth (30th) day after the date of purchase. For purposes of this rule, the date of purchase is the date listed on the sales invoice or the date listed on the assignment of the certificate of title, whichever is earlier.
3. EXTENSION OF REGISTRATION PERIOD. If a transferee of a motor vehicle is allowed an extension of the thirty (30) day registration period to obtain the release of the lien of a prior lienholder, as provided by Ark. Code Ann. § 27-14-903(a)(2), the dealer may issue one (1) additional temporary preprinted paper buyer's tag to the transferee, to expire thirty (30) days from the date the additional temporary tag is issued. If the dealer is unable to issue the tag, the transferee may obtain the tag from the Office of Motor Vehicle.
(2) If the date on which the prospective buyer is required to return the vehicle to the dealer falls on a Saturday, Sunday, or a legal holiday on which the dealer is not open for business, then the prospective buyer will have until the next succeeding business day that is not a Saturday, Sunday, or legal holiday to return the vehicle to the dealer.
(2) If the date on which the prospective buyer is required to return the vehicle to the dealer falls on a Saturday, Sunday, or a legal holiday on which the dealer is not open for business, then the prospective buyer will have until the next succeeding business day that is not a Saturday, Sunday, or legal holiday to return the vehicle to the dealer.
a. A dealer who allows a prospective buyer to test drive a vehicle or a customer to drive a loaner vehicle and has the capability to issue a temporary preprinted paper tag shall issue the tag and place it in the rear window of the vehicle. If the vehicle does not have a rear window, the paper tag shall be placed at the location for the permanent motor vehicle license plate. The dealer may issue a replacement for the tag placed at the license plate location if the original becomes damaged or destroyed. The replacement tag does not extend the time the prospective buyer or repair customer may drive the unregistered vehicle.
a. A dealer without the capability of issuing paper tags shall issue to the prospective buyer or repair customer a test drive or loaner information sheet. The prospective buyer or repair customer must keep the information sheet in the vehicle during the time the buyer or customer has possession of the vehicle
4. TEST DRIVES OR LOANER VEHICLES RETURNED THE SAME DAY. Neither a temporary preprinted paper tag nor an information sheet is required if the prospective buyer or repair customer is required to return the vehicle before the end of the business day upon which the vehicle was provided. However, the dealer may provide an information sheet to the customer, if the dealer elects to do so.
2. Motorcycle dealers shall not be provided and shall not be authorized to use dealer's license plates designed for any motor vehicle other than a motorcycle unless the dealer provides proof to the satisfaction of the Department that the dealer is also in the business of selling new or used motor vehicles of the type for which the dealer plate is sought.
1. A manufacturer or dealer owning any vehicle of a type otherwise required to be registered under this chapter may operate or move it upon the highways solely for purposes of transporting it without registering each vehicle, upon condition that any such vehicle display a dealer's master license plate, extra license plate, or temporary preprinted paper tag. Any temporary preprinted paper tag issued by the Department to a dealer to be used for transporting a vehicle will be valid for 72 hours following the date the temporary tag is issued. A dealer may not use a transporter plate issued under Ark. Code Ann. § 27-14-1806 to transport a vehicle.
1. No dealer, manager, sales manager, salesperson, or employee of the dealership may attach to or display on any automobile, Class One truck, trailer or semitrailer, motorcycle, or motorcycle sidecar any license plate on the rear of the vehicle that is not furnished by the Director of the Department of Finance and Administration.
3. For purposes of this section, “license plate” means any plate designed to be affixed to the rear of a motor vehicle, including, but not limited to, plates advertising a new or used car dealership or other type of business, rental car company identification plates, or any plate or card with the designation “TAG APPLIED FOR” or any similar designation.
b. Misuse of a temporary preprinted paper buyer's tag or of allowing anyone else to misuse a temporary preprinted paper buyer's tag is subject to a fine of not more than $250 for the first offense, not more than $500 for the second offense, and not more than $1,000 for the third and subsequent offenses.
3. A buyer who pleads guilty or nolo contendere to or who is found guilty of failing to obtain, altering, or failing to display a temporary preprinted paper buyer's tag within five (5) business days of the purchases of a motor vehicle is subject to a fine of not more than $250 for the first offense, not more than $500 for the second offense, and not more than $1,000 for the third and subsequent offenses.
Credits
Amended June 26, 2011.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.406, AR ADC 006.05.406
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