Tennessee § 55-4-226 - Dealers.

§ 55-4-226. Dealers.

Registration plates issued under the dealer category may be issued to manufacturers, dealers and transporters of motor vehicles as provided for in this part. Any dealer owning any vehicle that may be legally operated upon the streets or highways of this state with a regular vehicle registration may, either in person or through a duly authorized agent or employee, operate or move the vehicle upon any highway of the state without registering each such vehicle, upon condition that the vehicle display a special purpose plate issued to that owner as prescribed in this part. The dealer may further authorize the operation of the vehicle bearing such plates by customers for temporary purposes not to exceed seventy-two (72) hours. The dealer may further authorize the operation of the vehicle bearing such plates by any customer who is using the vehicle, without charge, while the customer's vehicle is being serviced or repaired by the dealer or by any person who is participating in a driver's education program and is operating a vehicle that was provided by the dealer to a school for use in the driver's education program. The special purpose dealer plate shall have the legend “TENN” at the top of the plate and shall have “auto dealer” at the bottom of the plate. The legend shall contain the letter “D” and five (5) numbers. The special purpose dealer plate for a motor vehicle dealer that sells used motor vehicles shall have a red background and white letter and numbers. The special purpose dealer plate for a franchise motor vehicle dealer that sells new motor vehicles shall have a white background and black letter and numbers. Any dealer who has a valid number assigned by the motor vehicle commission may make application to the department for one (1) or more special purpose plates. The fee for the first plate is forty-seven dollars and thirty cents ($47.30), and the fee for any plates in addition to the first plate is twenty-three dollars and sixty-five cents ($23.65) for each additional plate. No dealer shall be permitted to purchase more than two hundred twenty-five (225) auto dealer plates during a registration year. A transporter may operate or move any vehicle that may be legally operated under a regular vehicle registration upon any highway within this state solely for the purpose of delivery, upon likewise displaying thereon like plates issued to the transporter as provided in this part. Any vehicle preparation service or motor vehicle auction company licensed by the state may obtain special purpose plates to operate or move dealer-owned vehicles upon any highway within the state solely for the purpose of transporting the vehicles between a dealer's business location and the location where the cleaning, repairing, or preparation is performed or where the vehicle is to be auctioned, and for the purposes of testing the vehicle within a twenty (20) mile radius of the location where the cleaning, repairing or preparation is performed. This subsection (b) shall not apply to work or service vehicles owned by a manufacturer, transporter or dealer. Any manufacturer or transporter may make application to any county clerk within the state, and any vehicle preparation service may make application to the county clerk of the county where the established place of business of the service is located, upon appropriate forms for a certificate and for one (1) or more special purpose plates or single special purpose plates as appropriate to vehicles subject to registration hereunder, which plates shall be of the same color as auto dealer plates issued in the state for the particular year in question and on which shall appear the letters “DL” and identifying numbers. An applicant for these registration plates who is a transporter shall submit proof of the applicant's status as a bona fide transporter that may reasonably be required by the county clerk to whom the application is made. If the applicant is a manufacturer, the county clerk shall not issue the registration plates until the applicant has registered with the county clerk to whom the application is made the number of the current license issued to such manufacturer by the motor vehicle commission. For registering the license number of such manufacturers and dealers, the county clerk shall be entitled to a fee of five dollars ($5.00). The county clerk, upon granting an application, shall, upon the payment of the appropriate fee, issue to the applicant a certificate containing the applicant's name and address. All special purpose plates issued to any vehicle preparation service, manufacturer, or transporter shall bear identifying numbers, and no special purpose plates issued to other vehicle preparation services, manufacturers, or transporters shall bear the same number. The commissioner is authorized and empowered to design, issue and regulate the use of temporary plates for use in cases where dealer plates cannot be used. Upon the depletion of the department's current inventory of temporary plates, the department shall redesign the temporary plates in such a manner as determined by the commissioner as will permit the conspicuous display of individual distinctive alpha-numerical characters. Temporary plates may be issued for a period of thirty (30) days. The fee for the thirty-day plate is five dollars and fifty cents ($5.50). No person may operate a motor vehicle for more than sixty (60) days with the temporary plate. Nothing in this section shall be construed as a grant of authority for the issuance or use of the temporary plates on trucks or truck tractors being used or tested under load conditions over the streets and highways of this state. Registration plates issued under this subsection (d) may only be issued to dealers as provided for in this subsection (d). Any dealer owning a vehicle suitable for special event services may, either in person or through a duly authorized agent, employee, or lessee, operate or move the vehicle upon any highway of the state without registering such vehicle, upon condition that the vehicle display a special event plate issued to that owner as prescribed in this part. A vehicle is suitable for special event services if it: Is rented to legal entities of this state, or any political subdivision thereof, pursuant to a rental agreement; Only travels in this state during the rental period; Is capable of holding fifteen (15) or more passengers; and Has fewer than two thousand five hundred (2,500) miles on the odometer. Notwithstanding any statute to the contrary, a vehicle meeting all of the criteria of a special event services vehicle pursuant to subdivision (d)(3) shall not be eligible to use a special purpose dealer plate. The special event plate shall have the legend “TENN” at the top of the plate and shall have “Special Event” at the bottom of the plate. The legend shall contain the letters “SE” and five (5) numbers. The special event plates shall have a light blue background with black letters and numbers. Any dealer who has a valid number assigned by the motor vehicle commission may make application to the department for one (1) or more special event plates and shall provide sufficient information as reasonably requested by the commissioner to show how many vehicles are suitable for special event services. The fee for such plate shall be more than one hundred fifty-two dollars and sixty-three cents ($152.63). No dealer shall be permitted to purchase more than one hundred (100) special event plates during a registration year. Except as provided in subdivision (e)(2), the special purpose plates issued under this section shall expire on May 31 of each year, and a new plate or plates for the ensuing year may be obtained by the person to whom the expired plate or plates were issued upon application to the registrar of motor vehicles, or the registrar's deputy as provided by law. Issuance of the plates shall begin May 1 of each year, upon payment of the fee provided by law, and proof by the applicant that the applicant is still engaged in business as a manufacturer, transporter, dealer or vehicle preparation service. In the year in which the issuance of such plates shall be valid for a period of fourteen (14) months pursuant to this section, the fee provided by law shall be computed as seven-sixths (7/6) times the regular annual fee. The intent of this subdivision (e)(2) is to provide that the annual fee be increased by a pro-rata portion to cover the additional two (2) months fee during the transition year of implementation of this new schedule. Issuance of the plates pursuant to this subdivision (e)(2) shall begin on March 1 of the year so affected, upon payment of the appropriate fee, and proof by the applicant that such applicant is still engaged in business as a manufacturer, transporter, dealer or vehicle preparation service. Registration plates issued under this subsection (f) may only be issued to manufacturers and dealers of boats as provided for in this subsection (f). A person may operate a boat trailer for hire upon any highway within this state without registering the boat trailer, if the boat trailer is operated solely for the purpose of delivery of a boat to a customer of a manufacturer or dealer of boats and the boat trailer displays a special purpose boat dealer plate issued to the manufacturer or dealer as prescribed in this subsection (f). Any dealer or manufacturer of boats who hires individuals who own or operate boat trailers to deliver boats to the dealer's or manufacturer's customers may make, either in person or through a duly authorized agent, employee, or lessee, application to any county clerk within the state, upon appropriate forms for a certificate and for one (1) or more special purpose boat dealer plates. The boat dealer plates must be of a different color than the auto dealer and special event plates issued in the state for the particular year in question and must have the legend “TENN” at the top of the plate and must have “boat dealer” at the bottom of the plate. The legend must contain the letters “BD” and five (5) numbers. The fee for the first plate is forty-seven dollars and thirty cents ($47.30), and the fee for any plates in addition to the first plate is twenty-three dollars and sixty-five cents ($23.65) for each additional plate. A dealer or manufacturer of boats shall not purchase more than two hundred twenty-five (225) boat dealer plates during a twelve-month period. The county clerk, upon granting an application, shall issue to the applicant, upon the payment of the appropriate fee, a certificate containing the applicant's name and address. The special purpose boat dealer plates issued under this subsection (f) expire on May 31 of each year, and a new plate or plates for the ensuing year may be obtained by the person to whom the expired plate or plates were issued upon application to the registrar of motor vehicles, or the registrar's deputy as provided by law. Issuance of the plates begins May 1 of each year, upon payment of the fee provided by law, and proof by the applicant that the applicant is still engaged in business as a manufacturer or dealer of boats. The commissioner is authorized and empowered to promulgate rules and regulations for the administration of this section. Acts 1998, ch. 1063, § 1; 1999, ch. 98, §§ 12, 13; 2001, ch. 98, § 1; 2001, ch. 233, § 7; 2002, ch. 722, § 1; 2002, ch. 856, §§ 8m, 8n; 2007, ch. 484, § 116; 2009, ch. 530, § 124; 2010, ch. 1151, § 52; 2013, ch. 117, §§ 2, 3; 2013, ch. 183, § 5; 2018, ch. 1023, § 49; T.C.A. § 55-4-221 ; Acts 2020, ch. 571, § 2. Compiler's Notes. Former part 2 of this chapter, concerning special plates, was repealed and reenacted by Acts 1998, ch. 1063, § 1, effective July 1, 1998. The former provisions, excluding those previously repealed by other acts, were §§ 55-4-201 — 55-4-272 and 55-4-275 (Acts 1984, ch. 966, §§ 1, 9; 1985, ch. 56, §§ 1, 2; 1985, ch. 95, § 1; 1985, ch. 402, §§ 1-11; 1987, ch. 172, §§ 1-5; 1987, ch. 228, §§ 1-11; 1987, ch. 336, §§ 1-3, 5; 1987, ch. 434, § 2; 1988, ch. 575, § 1; 1988, ch. 618, §§ 1, 2; 1988, ch. 687, §§ 1-4; 1988, ch. 781, §§ 1-3; 1988, ch. 810, §§ 1-4; 1988, ch. 864, §§ 1-4; 1989, ch. 16, §§ 3, 4; 1989, ch. 136, § 1; 1989, ch. 158, § 1; 1989, ch. 501, § 1; 1989, ch. 591, § 6; 1990, ch. 871, § 1; 1990, ch. 897, § 1; 1990, ch. 925, §§ 1-4; 1991, ch. 209, §§ 1, 2; 1991, ch. 244, §§ 1, 2; 1991, ch. 450, §§ 1-3; 1991, ch. 482, §§ 1-12; 1992, ch. 543, §§ 1, 2; 1992, ch. 737, §§ 1-3; 1992, ch. 846, §§ 1-3; 1992, ch. 1008, §§ 1, 2; 1993, ch. 66, § 72; 1993, ch. 105, §§ 1-4; 1993, ch. 106, § 1; 1993, ch. 128, § 1; 1993, ch. 145, § 1; 1993, ch. 236, §§ 1-6; 1993, ch. 314, § 1; 1993, ch. 446, §§ 1-3; 1993, ch. 529, § 6; 1994, ch. 624, §§ 1-3; 1994, ch. 637, §§ 1-4; 1994, ch. 665, §§ 1-3; 1994, ch. 879, §§ 1-19; 1994, ch. 930, §§ 1-3; 1994, ch. 959, § 1; 1994, ch. 999, §§ 1-5; 1995, ch. 56, § 1; 1995, ch. 82, §§ 1, 2; 1995, ch. 84, §§ 1, 2; 1995, ch. 122, §§ 1-3; 1995, ch. 132, § 2; 1995, ch. 173, §§ 1, 2; 1995, ch. 195, § 1; 1995, ch. 199, § 1; 1995, ch. 335, §§ 1, 2; 1995, ch. 399, §§ 1-3; 1996, ch. 615, §§ 1-3; 1996, ch. 658, §§ 1-3; 1996, ch. 672, §§ 1-5; 1996, ch. 673, §§ 1-3; 1996, ch. 759, § 1; 1996, ch. 854, §§ 1-5; 1996, ch. 914, §§ 1-5; 1996, ch. 963, §§ 1-4; 1996, ch. 965, §§ 1-4; 1996, ch. 971, §§ 1-4; 1996, ch. 994, §§ 1-4; 1996, ch. 1024, §§ 1-4; 1996, ch. 1030, §§ 1-5; 1996, ch. 1047, §§ 1-4). Acts 1999, ch. 98, § 15, provided that it was the intent of that act that any registration issued prior to January 1, 2000, shall remain valid until the expiration. Acts 2001, ch. 98, § 2 provided that the act shall apply to any plate issued which would expire after March 31, 2002. Acts 2001, ch. 233, § 10 provided: “The additional revenue generated from the additional temporary operation fees and permits authorized in § 55-4-115(a)(1) and the additional temporary plate fees and permits authorized in § 55-4-221(c)(4) shall be deposited in the alcohol and drug addiction treatment fund provided in § 40-33-211 and shall not be included in the general fund.” Acts 2002, ch. 856, § 8(o) provided that notwithstanding any provision of law to the contrary, all revenues attributable to statutory changes effectuated by the provisions of § 8 of that act shall be deposited exclusively in the state's general fund and shall be allocated for general state purposes in accordance with the provisions of the General Appropriations Act. Acts 2002, ch. 856, § 13 provided that no expenditure of public funds pursuant to that act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000 d. For the Preamble of the act regarding special license plates, please refer to Acts 2010, ch. 1151. Amendments. The 2020 amendment added (f), and redesignated former (f) as present (g). Effective Dates. Acts 2020, ch. 571, § 3. July 1, 2020. Attorney General Opinions. Restrictions on how dealers and customers may use vehicles for which registration plates have been issued under T.C.A. § 55-4-221(b) [now T.C.A. § 55-4-226(b) ]; fees for use of such vehicles. OAG 12-108, 2012 Tenn. AG LEXIS 112 (12/14/12).