86-028
Act 1006 of 1985. Provides limitations on obtaining dealers tags and prescribes penalties for the misuse of the tags, etc. Driving a vehicle with dealers tags either in or out of the county or misusing a dealers license plate as defined in Section 1 of Act 1006 of 1985 is prohibited. What consti
Cite as Ark. Op. Att'y Gen. 86-028
STATE OF ARKANSAS
OFFICE OF THE ATTORNEY GENERAL
JUSTICE BUILDING, LITTLE ROCK 72201
STEVE CLARK . - (601) 371-2007
ATTORNEY GENERAL
OPINION NO. 86-28
February 5, 1986
Col. T.L. Goodwin:
Director, Arkansas State Police
#3 Natural Resources Drive
P.O. Box 590]
Little Rock, AR 72205
Dear Col. Goodwin:
This letter is written in response to your request for
an official opinion concerning Act 1006 of 1985. You
requested an interpretation of what constitutes misuse of a
‘dealers tags as defined in this Act and specifically whether
a vehicle with dealers tags driven outside the County is a
misuse of dealers as defined in this Act.
Act 1006 of -1985 (Compiled at Ark. Stat. Ann. §75-201
(1985 Cumm. Supp.)) states inter alia:
The use of a dealer tag on the vehicle driven by
.the owner or owners of the dealership or any person
related to such owner or owners within the second
degree of consanguinity as a personal vehicle is
specifically prohibited as is the use of a dealer
tag on a vehicle used by any employee as a personal
vehicle. "Personal vehicle as used in this Act
shall mean a vehicle driven to and from work, on
‘local, personal or business trips, or on personal
or business trips out of the county of. the
dealership, except that the use of a dealer tag on
a motor vehicle driven by. the owner, manager, sales
‘manager or salesman (employed on a salary or
commission basis) for such purposes shall not be
considered a violation of this Act.
The section just quoted, prohibits an owner of a
dealership or any person related to the owner within the
-. second degree of consanguinity or an employee of the
dealership from using a dealer tag on a personal vehicle.
"Personal vehicle" is a vehicle driven to and from work,.on
local, personal or business trips, or personal or business
trips outside the county, but this definition does not apply
to a dealer tage on a vehicle driven by the owner, the
manager, sales manager, or salesman when used for such
purposes. This section is somewhat confusing but the
apparent intent is that owners family members or employees
are not work related. It is my opinion that an owner, a
manager, a sales manager, or salesman may display a dealers
tag on a vehicle that he uses which is work related to drive
to and from work and on personal or business trips whether
inside or outside the county.
The foregoing opinion, which I hereby approve, was
prepared by Assistant Attorney General Randel K. Miller.
Sincerely,
Attorney General
_SC/RKM/1jm