The Commissioner of Revenues for the State of Arkansas, pursuant to the
authority vested in him by Act 142 of 1949, as amended, Ark. Code Ann. §
27-14-101 et
seq., and paragraph (d) of Section 5, of Act 169 of the First Extraordinary
Session 1989, hereby promulgates the following regulations:
1. DEFINITIONS. For the purposes of these
regulations, the term "Dealer" shali have the following meaning:
"Dealer" shall mean a person engaged in the business of buying,
selling, or exchanging automobiles, trucks, trailers, semi-trailers,
motorcycles, motor-driven cycles, all-terrain vehicles, mobile homes, or boats
at or from an established place of business.
2. Every dealer licensed by the Office of
Motor Vehicles shall, when executing any certificate of title or manufacturers
certificate of origin reassignment, or any other ownership document, insert
thereon the license number of the dealer's master license plate.
3. Only those dealers licensed by the Office
of Motor Vehicles as dealers of either new or used motor vehicles are
authorized to execute reassignments of certificates of title to automobiles,
trucks, motorcycles, motor-driven cycles, and all-terrain vehicles. Provided,
further, that only those dealers or manufacturers licensed by both the Arkansas
Motor Vehicle Commission and the Office of Motor Vehicles are authorized to
execute reassignments of manufacturer's certificates of origin to motor
vehicles.
4. Every Dealer or
manufacturer subject to the provisions of the Arkansas Motor Vehicle Commission
Act [Act 388 of 1975, as amended, the same being Ark. Code Ann. §
23-112-101
etseq. (1987)] must, in order to obtain dealer license plates, present the
following to the Office of Motor Vehicles:
(a) The license issued to the deaier by the
Arkansas Motor Vehicle Commission; and
(b) such other certification or authorization
now or hereafter required by any law of this State.
5. Every Dealer subject to the provisions of
the Used Motor Vehicle Buyers Protection Act [Act 490 of 1993, as amended, the
same being Ark. Code Ann. §
23-112-601
et seq. (1987)] must, in order to obtain dealer license plates, present the
following to the Office of Motor Vehicles:
(a)
The license issued to the dealer by the Arkansas State Police; and
(b) such other certification or authorization
now or hereafter required by any law of this State.
6. Every Dealer subject to the provisions of
the Arkansas Manufactured Homes Standards Act [Act 419 of 1977, as amended, the
same being Ark. Code Ann. §
20-25-101 et
seq. (1987)] must, in order to obtain dealer license plates, present the
following to the Office of Motor Vehicles:
(a)
The license issued to the dealer by the Arkansas Manufactured Home Commission;
and
(b) such other certification or
authorization now or hereafter required by any law of this State.
7. Every dealer, other than
dealers of motor vehicles or manufactured homes, must, in order to obtain
dealer license plates, first present to the Office of Motor Vehicles the
following:
(a) Certification that the dealer
has an established commercial place of business as described in Act 537 of
1987, as amended, Ark. Code Ann. §
27-14-601(a)
(6)(B)(I) (1987) or subsequent legislative
enactment; and
(b) such other
certification or authorization now or hereafter required any law of this
State.
8. Dealer license
plates shall be subject to the following authorized uses and restrictions:
(a) Dealer license plates may be used by a
dealer on any vehicle for any purpose consistent with the operation of the
dealership by the dealer, or any person authorized by the dealer except:
(i) Dealer license plates shall not be used
on any passenger automobile permitted by the dealer to be used for driver
training or instruction;
(ii)
Dealer license plates shall not be used on any vehicle owned by the dealership
that is not regularly displayed for sale at the dealer's established commercial
place of business;
(iii) Dealer
license plates shall not be used on dealer-owned commercial trucks or trailers
in excess of ½ ton capacity for the purpose of hauling merchandise,
materials, equipment, livestock, or other property;
(iv) Dealer license plates shall not be used
on . wreckers, parts vehicles, vehicle haulers, or other service
vehicles;
(b) dealers of
trailers, semi-trailers, mobile homes, and boats shall not use dealer license
plates on automobiles, trucks, motorcycles, or motor-driven cycles for any
purpose.
9. Pursuant to
Section 65 of Act 142 of 1949, as amended, Ark. Code Ann. §
27-14-101 et
seq. (1987) a license certificate must be obtained from the Office of Motor
Vehicles before any person shall be allowed to conduct the business of:
(a) Dealing in used parts or used accessories
of motor vehicles; or
(b) Wrecking
or dismantling any motor vehicle for resale of the parts thereof.
Said license certificates shall be issued in lieu of dealer license
plates. Said license certificates shall not entitle any person to reassign
certificates of title as a dealer of vehicles.
IN WITNESS WHEREOF, the undersigned have executed the foregoing
regulations which shall be effective from and after the____day following their
approval by the Arkansas Legislative Council.
