Pursuant to the authority granted by Act 1929 of 2005, 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
used in this rule, "Department" means the Arkansas Department of Finance and
2. Director. As
used in this rule, "Director" means the Director of the Arkansas Department of
Finance and Administration, or any person designated by the Director as
authorized by Arkansas law.
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.
Motor Vehicle for
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.
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. §
, except that the sticker may be removed
when the vehicle is being driven but must be replaced in the window when not
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
Dealer. As used in this rule, unless the context
indicates otherwise, the term "dealer" means a person, firm, or corporation
engaged in the business of buying and selling motor vehicles and licensed by
the Arkansas Motor Vehicle Commission or the Arkansas State Police.
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.
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.
Manager, Sales Manager, or
a. As used in this
rule, "Manager" is any person other than the dealer who is responsible for the
overall management of the dealership.
b. "Sales manager" is any person other than
the dealer who is responsible for the management of the salespersons of the
Any person who:
(a) Is employed as a salesperson by a motor
vehicle dealer whose duties include the selling or offering for sale of motor
(b) For compensation of
any kind, acts as a salesperson, agent or representative of a motor vehicle
(c) Attempts to or in fact
negotiates a sale of a motor vehicle owned partially or entirely by a motor
vehicle dealer; and
(d) Uses the
financial resources, line of credit, or floor plan of a motor vehicle dealer to
purchase; sell, or exchange any interest in a motor vehicle, or
(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.
d. The employment records of any persons
listed as "manager," "sales manager," or "salesperson" will be subject to
review by the Department to verify their status with the dealership.
1. USE OF DEALER PLATES. Motor vehicle dealer
master license plates and extra license plates may not be placed on any vehicle
other than a motor vehicle for sale.
AUTHORIZED USERS. When a dealer's master
license plate or extra license plate is attached to any dealer-owned motor
vehicle, the motor vehicle may be used by only the following persons:
a. The dealer
b. A manager
c. A sales manager, or
d. A salesperson employed by the
AUTHORIZED USES OF VEHICLE WITH DEALER PLATES. A dealer, manager, sales
manager, or a salesperson employed by the dealership may use a vehicle with
dealer plates for the following purposes:
To drive to or from work;
personal or business trips inside or outside the dealer's county of
c. To transport the
d. To demonstrate the
a. Motor vehicle dealer
license plates or extra license plates may not be placed on work or service
vehicles owned by a dealer, manufacturer, or transporter.
b. A prospective buyer may test drive a
vehicle with dealer license plates or extra license plates only if the dealer,
manager, or salesperson of the dealer is present in the 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.
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.
TEMPORARY CARDBOARD BUYER'S
TAGS ISSUED TO VEHICLE PURCHASERS.
TEMPORARY TAG ISSUED BY DEALER. A dealer shall issue a temporary cardboard
buyer's tag to a motor vehicle purchaser, unless the buyer chooses to display a
license plate from another vehicle as provided in section C(6) of this rule If
a temporary cardboard tag is required, the dealer shall show on the temporary
tag in permanent black marker ink the actual date of purchase and any other
information required by the Director. The Dealer shall affix the temporary
cardboard tag to the rear of the vehicle in a manner so that it is
VALIDITY PERIOD. The temporary cardboard 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
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. §
the dealer may issue one (1) additional temporary cardboard buyer's tag to the
transferee, to expire thirty (30) days from the date the additional temporary
tag is issued.
OBTAI NING AND
DISTRIBUTING TEMPORARY CARDBOARD TAGS.
dealer shall obtain the temporary cardboard buyer's tags from the Director at a
fee to be set by the Director, which shall not exceed One Dollar ($1.00) per
tag. The fee must be paid by the dealer to the Director before the tag is
issued to the dealer.
b. The dealer
shall pass this fee on to the buyer to whom the tag is issued.
c. The dealer shall not charge the buyer a
higher fee for the temporary cardboard buyer's tag than the dealer paid to the
Director for the tag.
d. The dealer
is responsible for the safekeeping and distribution of each temporary cardboard
buyer's tag that the dealer obtains from the Director.
e. The fee paid by the dealer and passed on
to buyer is exempt from Arkansas state and local sales and use tax.
REQUIRED DOCUMENTATION. For
each temporary cardboard buyer's tag provided to a buyer by the dealer, the
dealer shall retain documentation, which is subject to examination by the
Director during the dealer's regular business hours, or at any reasonable time.
Required documentation includes the:
c. Date the temporary
cardboard buyer's tag was issued;
d. Vehicle's vehicle identification
e. Make and model of the
f. Expiration date of
the temporary cardboard buyer's tag.
6. A vehicle purchaser who elects to display
a plate that has been transferred from a properly registered vehicle shall not
be required to obtain or display the temporary cardboard buyer's tag during the
period prior to registration of the newly purchased vehicle.
OPTIONS AVAILABLE FOR VEHICLES
PROVIDED FOR PURPOSES OF DEMONSTRATION OR AS A LOANER VEHICLE FOR REPAIR
DEMONSTRATION OF VEHICLE.
(1) A dealer may allow a prospective buyer to
test drive an unregistered vehicle for a period not to exceed seventy-two (72)
(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.
(1) A dealer may allow a repair customer to
drive an unregistered vehicle as a loaner while the customer's vehicle is being
repaired by or through the dealer for a period not to exceed fourteen (14)
(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. OPTION 1 - TEMPORARY CARDBOARD TAG. A
dealer who allows a prospective buyer to test drive a vehicle or a customer to
drive a loaner vehicle may affix a temporary cardboard tag to the vehicle
during the test drive period or the loaner period. The dealer should follow the
instructions at Section C of this rule regarding the issuance of temporary
OPTION 2 -
a. In lieu of the temporary
cardboard tag, the dealer may provide the prospective buyer or repair customer
with an information sheet, along with a statement verifying that the vehicle is
being driven with the permission of the dealer.
The Director shall design the information
sheet and shall make it available at all state revenue offices and on the
Department of Finance and Administration website. The information required on
the information sheet is the:
(1) Year, make,
and model of the vehicle;
Vehicle identification number;
Prospective buyer's or customer's name;
(4) Time and date that the information sheet
was issued to the prospective buyer or customer;
(5) Reason the vehicle was furnished to the
prospective buyer or customer; and
(6) Length of time the prospective buyer or
customer may retain the vehicle.
c. A dealer shall be allowed to make and use
photocopies of the information sheet designed by the Director in lieu of the
original provided by the Department.
4. TEST DRIVES OR LOANER VEHICLES RETURNED
THE SAME DAY. Neither a temporary cardboard 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.
DRIVE OF VEHICLE TO DETERMINE MECHANICAL CONDITION OR TRANSPORTATION OF VEHICLE
FOR REPAIR. An information sheet may be used by service personnel of the dealer
to test-drive a vehicle to determine the mechanical condition of the vehicle or
to transport a vehicle to or from another facility for repair.
1. The Department shall provide distinctive
dealer's master and extra license plates for motorcycles.
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
Motorcycle dealers who also sell new or used motor vehicles
shall be issued only one dealer's extra license plate per manager, sales
manager, or salesperson employed by the dealer.
b. Example: A motorcycle dealer who also
sells new or used motor vehicles has ten employees authorized to use dealer's
extra license plates. Each employee is issued either a motor vehicle plate or a
motorcycle plate, but not both.
TRANSPORTING OF MOTOR VEHICLES WITHOUT
1. A 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, temporary cardboard tag, or
information sheet issued to the dealer by the Department of Finance and
Administration. Any temporary cardboard 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 special
transporter tag to transport a vehicle.
2. A manager, sales manager, or salesperson,
may transport a vehicle owned by the dealer using the dealer's master license
plate, a dealer's extra license plate, a temporary cardboard tag, an
information sheet, or a transporter tag.
3. Any employee of a dealer may transport a
vehicle owned by the dealer using a temporary cardboard tag, an information
sheet, or a transporter tag.
UNOFFICIAL LICENSE PLATES.
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.
2. No person, firm, or corporation, including
motor vehicle dealers, may reproduce or paint any license plate or registration
card in this state.
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.
Any dealer, manager, sales manager, or
salesperson of the dealer who pleads guilty or nolo contendere
to or who is found guilty of the:
Misuse of a dealer's master license plate or dealer's extra license plate or of
allowing anyone else to misuse a dealer's master or extra license
b. Misuse of a special
temporary cardboard tag or of allowing anyone else to misuse a temporary
cardboard 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.
Any dealer who violates the provisions
regarding vehicles provided for demonstration or for repair customers (section
D of this rule) is subject to a fine of $25 per violation.
In witness whereof, we have hereunto set our hands this _______
day of December 2005.
Richard A. Weiss, Director Tim Leathers, Deputy Director
Arkansas Department of Finance and Commissioner of
Administration Arkansas Department of Finance and