Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-06-26
NO JOY RIDING ON
DEALER s LICENSE
CLANCY DECLARES
Attorney Genera Gives Opinion
That Form Of License Does
Not Permit Private Use of
Car

Dealers cannot operate cars for
their private use or hire under a deal
Ell license, says Attorney General
Clancy in an opinion which he sent
to Police Judge W w. Mcclellan.
Judge Mcclellan asked for the opin-
ION covering points in the statute in
regard TO automobiles.
Mr. Clancy also says that affxing
tie sign, License applied for on a
car docs not give the owner any more
right to drive than be would have il
he had no license at all
Here is the opinion:
i have received your letter of yes
terday ia which you ask five questions
regarding the automobile law. which
] viii answer in the same order that
they were asked. without here repeat
ing the questions.
q. As TO the disposition of the
fine collected in your court, while
there is no distinct statutory provis-
ion on the subject, IT would be better
for you to pay II to the county treas
urcr. taking his receipt therefor. and
it will then he the duty OF that officer
to remit IL to the state treasurer.
find recommended this course in
letter addressed TO the state treas
urer on February 20, 1913. and it is
probable that the practice has become
general.
When Dealers Licenses Expire
- am of the opinion that deal
efs' licenses do not expire on the 3lst
of December as do ordinary licenses
provided for by section 3S2 Of the
codification The dealers license is
provided for IN section 3S4 aud de-
r. h1t a. "a
AND / believe that means for the
period Of one year rom the issuance
Of the license find, upon inquiry
al the office of TIE secretary that the
practice Of thai office has been in ac
cordance with this idea. Section 3S2.
which speaks of the license expiring
at the end Of each year. appears TO
he limited to those licenses provided
for in that section.
3. Dealers are not allowed by
law, TO purchase. trade in, or take a
car for sale on commission, and at
fix a dealers license and then use it
for pleasure riding or profit He ought
when buying an old car, to have the
license transferred to him as provided
in section 3S7.
a The affixing to a car of a sign
license applied for" does not under
the statute, give the owner any more
right to run the car than he would
have without any such sign. Section
391 clearly provides that any person
who shall operate a motor vehicle
without Il number or license shall be
punished by fine or Imprisonment, or
both. The law means what ii says.
Number Not Limited.
-. Under the law | do not think
that a dealer is limited as to the num-
her of cars he may exhibit for pur-
poses of sale, but he has no right to
use the ears for any other purpose.
II is quite plain that the legislature
intended to favor the business of
manufacture or sale of motor vehicles
by allowing the manufactures or deal
er to have one license, for which lie
pays only Sl2 per'annum, under which
he can. in the prosecution of his bus
mess, operate and exhibit any number
of motor vehicles, hut he must not OPP
crate any such vehicles for his own
private use or for hire. The moment
that he does this he would be liable
for the payment of the ordinary fun
lcense for each vehicle so used or
hired. In other words his stock in
trade of vehicles for sale must not be
used in any way except to promote
the tsale thereof, and any bther use
which gives him any personal benefit
would be a violation of the act
yours truly,
FRANK w. CLANCY.
"AttOrneV General