006.05.99 Ark. Code R. § 003 - Regulation 1999-3 -- Motor Vehicle Regulation (Supersedes Motor Vehicle Regulations 1977-2, 1977-3, 1986-1, 1988-1 and 1989-2)

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.

Notes

006.05.99 Ark. Code R. § 003
10/11/1999

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