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Statutes > Indiana > Title9 > Ar18 > Ch26

IC 9-18-26

    

Chapter 26. Dealer License Plates

IC 9-18-26-1

Applications; registration numbers; certificates of registration;
plates
    

Sec. 1. A person licensed under IC 9-23-2 may apply for a dealer
license plate. The application must include any information the
secretary of state reasonably requires. Upon application, a distinctive
registration number shall be assigned to each applicant. Two (2)
certificates of registration and two (2) metal license plates bearing
the applicant's registration number shall then be issued to the
applicant.
As added by P.L.2-1991, SEC.6. Amended by P.L.106-2008, SEC.5.

IC 9-18-26-2

Classifications
    

Sec. 2. (a) The secretary of state shall issue dealer license plates
under this chapter according to the following classifications:
        (1) Dealer-new.
        (2) Dealer-used.
        (3) Manufacturer.
    (b) The secretary of state may adopt rules under IC 4-22-2 to
establish additional classifications of dealer license plates and may
prescribe the general conditions for usage of an additional
classification. The secretary of state shall establish the classification
of antique car museum dealer license plates.
As added by P.L.2-1991, SEC.6. Amended by P.L.118-1998, SEC.12;
P.L.106-2008, SEC.6.

IC 9-18-26-2.5

Research and development license plates; issuance; rules; fees;
display
    

Sec. 2.5. (a) The secretary of state shall:
        (1) issue a research and development license plate under this
chapter to a manufacturer of a vehicle subcomponent system;
and
        (2) adopt rules under IC 4-22-2 to prescribe the general
conditions for the:
            (A) application;
            (B) issuance; and
            (C) use;
        of research and development license plates for manufacturers of
vehicle component systems.
    (b) The fee for a research and development license plate for a
manufacturer of a vehicle subcomponent system is the fee under
IC 9-29-5-14.5.
    (c) A research and development license plate for a manufacturer
of a vehicle subcomponent system shall be displayed in accordance
with IC 9-18-2-26.

As added by P.L.93-2010, SEC.4.

IC 9-18-26-3

Design
    

Sec. 3. The secretary of state shall determine the color, dimension,
and style of the letters and the information required on a dealer
license plate issued under this chapter.
As added by P.L.2-1991, SEC.6. Amended by P.L.106-2008, SEC.7.

IC 9-18-26-4

Additional plates
    

Sec. 4. Upon payment of the fee under IC 9-29-8, an applicant
may obtain additional dealer license plates of the same category. The
applicant must demonstrate the applicant's need for additional plates
by stating the applicant's number of employees, annual sales, and
other supporting factors. The secretary of state shall determine
whether the applicant is entitled to additional plates.
As added by P.L.2-1991, SEC.6. Amended by P.L.106-2008, SEC.8.

IC 9-18-26-5

Expiration
    

Sec. 5. Dealer license plates issued to licensed dealers under this
chapter expire as follows:
        (1) A person whose business name begins with the letters A
through B, inclusive, March 1 of each year.
        (2) A person whose business name begins with the letters C
through D, inclusive, April 1 of each year.
        (3) A person whose business name begins with the letters E
through G, inclusive, May 1 of each year.
        (4) A person whose business name begins with the letters H
through I, inclusive, June 1 of each year.
        (5) A person whose business name begins with the letters J
through L, inclusive, July 1 of each year.
        (6) A person whose business name begins with the letters M
through O, inclusive, August 1 of each year.
        (7) A person whose business name begins with the letters P
through R, inclusive, September 1 of each year.
        (8) A person whose business name begins with the letters S
through T, inclusive, October 1 of each year.
        (9) A person whose business name begins with the letters U
through Z, inclusive, November 1 of each year.
Dealer license plates issued to a sole proprietor expire based upon
the name of the sole proprietorship.
As added by P.L.2-1991, SEC.6. Amended by P.L.95-1997, SEC.2.

IC 9-18-26-6

Use restrictions
    

Sec. 6. Except as provided in sections 7 and 8 of this chapter,
dealer-new, dealer-used, and manufacturer license plates may only
be used on motor vehicles in the:

        (1) dealer's inventory being held for sale;
        (2) usual operation of that manufacturer's or dealer's business;
        (3) movement of that manufacturer's or dealer's inventory; or
        (4) inventory of a manufacturer or dealer that is unattended by
that manufacturer or dealer or the dealer's agent for a maximum
of ten (10) days by a prospective buyer or a service customer.
As added by P.L.2-1991, SEC.6.

IC 9-18-26-7

Unrestricted use under tax avoidance rules
    

Sec. 7. Dealer-new, dealer-used, and manufacturer license plates
may be used without restriction by a manufacturer, a dealer, or an
employee of a manufacturer or a dealer under rules adopted by the
secretary of state to prohibit use of the plates solely to avoid payment
of applicable taxes.
As added by P.L.2-1991, SEC.6. Amended by P.L.106-2008, SEC.9.

IC 9-18-26-8

Unrestricted use; rules
    

Sec. 8. Dealer-new, dealer-used, and manufacturer license plates
may be used without restriction by a designee of a dealer or a
designee of a manufacturer under rules adopted by the secretary of
state. The rules must provide the following:
        (1) The dealer or manufacturer is to be assessed and pay the
motor vehicle excise tax under IC 6-6-5 attributable to that part
of the total year that the designee operates the motor vehicle.
        (2) The dealer or manufacturer shall report to the secretary of
state the date of assignment to a designee, the designee's name
and address, and the date of termination of the assignment
within ten (10) days of the assignment or termination.
        (3) The tax calculated in subdivision (1) shall be paid within
thirty (30) days of the termination of the assignment to the
designee or at the time the dealer or manufacturer purchases
license plates under this chapter.
As added by P.L.2-1991, SEC.6. Amended by P.L.93-2010, SEC.5.

IC 9-18-26-9

Use prohibited on leased vehicles
    

Sec. 9. Dealer-new, dealer-used, and manufacturer license plates
may not be used on a vehicle that:
        (1) is required to be registered; and
        (2) has a fee charged by dealers to others for the use of the
vehicle.
As added by P.L.2-1991, SEC.6.

IC 9-18-26-10

Interim plates
    

Sec. 10. (a) The secretary of state may issue an interim license
plate to a dealer or manufacturer who is licensed and has been issued
a license plate under section 1 of this chapter.

    (b) The secretary of state shall prescribe the form of an interim
license plate issued under this section. However, a plate must bear
the assigned registration number and provide sufficient space for the
expiration date as provided in subsection (c).
    (c) Whenever a dealer or manufacturer sells a motor vehicle, the
dealer or manufacturer may provide the buyer with an interim license
plate. The dealer shall, in the manner provided by the secretary of
state, affix on the plate in numerals and letters at least three (3)
inches high the date on which the interim license plate expires.
    (d) An interim license plate authorizes a motor vehicle owner to
operate the vehicle for a maximum period of thirty-one (31) days
after the date of delivery of the vehicle to the vehicle's owner or until
a regular license plate is issued, whichever occurs first.
    (e) A motor vehicle that is required by law to display license
plates on the front and rear of the vehicle is only required to display
a single interim plate.
As added by P.L.2-1991, SEC.6. Amended by P.L.68-1992, SEC.1;
P.L.106-2008, SEC.10.

IC 9-18-26-11

Violations; misdemeanor
    

Sec. 11. Except as provided in sections 12 and 13 of this chapter,
a person who violates this chapter commits a Class B misdemeanor.
As added by P.L.1-1992, SEC.37.

IC 9-18-26-12

Violation of rule; infraction
    

Sec. 12. A person who knowingly violates a rule adopted by the
secretary of state regarding the classification and use of a dealer plate
or the use of a research and development license plate commits a
Class A infraction.
As added by P.L.1-1992, SEC.38. Amended by P.L.106-2008,
SEC.11; P.L.93-2010, SEC.6.

IC 9-18-26-13

Display of altered license plate; misdemeanor
    

Sec. 13. A person who operates a vehicle displaying an altered
interim license plate issued under section 10 of this chapter commits
a Class C misdemeanor.
As added by P.L.1-1992, SEC.39.

IC 9-18-26-14

Civil penalties
    

Sec. 14. A person who violates this chapter or a rule or order of
the secretary of state issued under this chapter is subject to a civil
penalty of not less than fifty dollars ($50) and not more than one
thousand dollars ($1,000) for each day of violation and for each act
of violation, as determined by the court. All civil penalties recovered
under this chapter shall be paid to the state.
As added by P.L.1-1992, SEC.40. Amended by P.L.106-2008,

SEC.12.

IC 9-18-26-15

Additional penalty
    

Sec. 15. In addition to the civil penalty imposed under section 14
of this chapter, the secretary of state may restrict, suspend, or revoke
a dealer permanent or interim license plate that was issued to the
violator.
As added by P.L.1-1992, SEC.41. Amended by P.L.125-1995, SEC.7;
P.L.176-2001, SEC.7; P.L.106-2008, SEC.13.

IC 9-18-26-16

Injunctions
    

Sec. 16. Whenever a person violates this chapter or a rule or order
of the secretary of state issued under this chapter, the secretary of
state may institute a civil action in any circuit or superior court of
Indiana for injunctive relief to restrain the person from continuing
the activity or for the assessment and recovery of the civil penalty
provided in section 14 of this chapter, or both.
As added by P.L.1-1992, SEC.42. Amended by P.L.106-2008,
SEC.14.

IC 9-18-26-17

Actions by attorney general
    

Sec. 17. At the request of the secretary of state, the attorney
general shall institute and conduct an action in the name of the state
for:
        (1) injunctive relief or to recover the civil penalty provided by
section 14 of this chapter;
        (2) the injunctive relief provided by section 16 of this chapter;
or
        (3) both.
As added by P.L.1-1992, SEC.43. Amended by P.L.106-2008,
SEC.15.

IC 9-18-26-18

Records of interim plate use
    

Sec. 18. (a) As used in this section, "records" includes, but is not
limited to, the following:
        (1) Bills of sale.
        (2) Finance agreements.
        (3) Titles.
        (4) Inventory records.
        (5) Sales receipts from auctions.
        (6) Form ST-108 (department of state revenue certificate of
gross retail or use tax paid on the purchase of a motor vehicle
or watercraft).
    (b) All records directly related to the use of interim plates by a
dealer must be made available to an investigating employee of the
secretary of state upon demand at the dealer's place of business.

As added by P.L.125-1995, SEC.8. Amended by P.L.106-2008,
SEC.16; P.L.179-2009, SEC.1.