Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 05 - Division of Revenues › Rule 006.05.10-002 - Rule 2005-7: Amendment to Dealer Plates and Tags for Motor Vehicles and Motorcycles

Current through Register Vol. 49, No. 6, June, 2024
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:
A. DEFINITIONS.
1. Department. As used in this rule,
			 "Department" means the Arkansas Department of Finance and
			 Administration.
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.
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.
4. Motor Vehicle for
			 Sale.
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.
5. 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.
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.
7.
			 Manager, Sales Manager, or Salesperson.
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
			 dealership.
c. "Salesperson" is:
(1) 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
			 vehicles;
(b) For compensation of
			 any kind, acts as a salesperson, agent or representative of a motor vehicle
			 dealer;
(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.