CHAPTER 26. DEALER LICENSE PLATES
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 dealerlicense plate. The application must include any information thesecretary of state reasonably requires. Upon application, a distinctiveregistration number shall be assigned to each applicant. Two (2)certificates of registration and two (2) metal license plates bearingthe applicant's registration number shall then be issued to theapplicant.
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 platesunder 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 toestablish additional classifications of dealer license plates and mayprescribe the general conditions for usage of an additionalclassification. The secretary of state shall establish the classificationof 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 thischapter to a manufacturer of a vehicle subcomponent system;and
(2) adopt rules under IC 4-22-2 to prescribe the generalconditions for the:
(A) application;
(B) issuance; and
(C) use;
of research and development license plates for manufacturers ofvehicle component systems.
(b) The fee for a research and development license plate for amanufacturer of a vehicle subcomponent system is the fee underIC 9-29-5-14.5.
(c) A research and development license plate for a manufacturerof a vehicle subcomponent system shall be displayed in accordancewith 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 dealerlicense 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 applicantmay obtain additional dealer license plates of the same category. Theapplicant must demonstrate the applicant's need for additional platesby stating the applicant's number of employees, annual sales, andother supporting factors. The secretary of state shall determinewhether 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 thischapter expire as follows:
(1) A person whose business name begins with the letters Athrough B, inclusive, March 1 of each year.
(2) A person whose business name begins with the letters Cthrough D, inclusive, April 1 of each year.
(3) A person whose business name begins with the letters Ethrough G, inclusive, May 1 of each year.
(4) A person whose business name begins with the letters Hthrough I, inclusive, June 1 of each year.
(5) A person whose business name begins with the letters Jthrough L, inclusive, July 1 of each year.
(6) A person whose business name begins with the letters Mthrough O, inclusive, August 1 of each year.
(7) A person whose business name begins with the letters Pthrough R, inclusive, September 1 of each year.
(8) A person whose business name begins with the letters Sthrough T, inclusive, October 1 of each year.
(9) A person whose business name begins with the letters Uthrough Z, inclusive, November 1 of each year.
Dealer license plates issued to a sole proprietor expire based uponthe 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 onlybe 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 bythat manufacturer or dealer or the dealer's agent for a maximumof 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 platesmay be used without restriction by a manufacturer, a dealer, or anemployee of a manufacturer or a dealer under rules adopted by thesecretary of state to prohibit use of the plates solely to avoid paymentof 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 platesmay be used without restriction by a designee of a dealer or adesignee of a manufacturer under rules adopted by the secretary ofstate. The rules must provide the following:
(1) The dealer or manufacturer is to be assessed and pay themotor vehicle excise tax under IC 6-6-5 attributable to that partof the total year that the designee operates the motor vehicle.
(2) The dealer or manufacturer shall report to the secretary ofstate the date of assignment to a designee, the designee's nameand address, and the date of termination of the assignmentwithin ten (10) days of the assignment or termination.
(3) The tax calculated in subdivision (1) shall be paid withinthirty (30) days of the termination of the assignment to thedesignee or at the time the dealer or manufacturer purchaseslicense 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 platesmay 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 thevehicle.
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 licenseplate to a dealer or manufacturer who is licensed and has been issueda license plate under section 1 of this chapter. (b) The secretary of state shall prescribe the form of an interimlicense plate issued under this section. However, a plate must bearthe assigned registration number and provide sufficient space for theexpiration date as provided in subsection (c).
(c) Whenever a dealer or manufacturer sells a motor vehicle, thedealer or manufacturer may provide the buyer with an interim licenseplate. The dealer shall, in the manner provided by the secretary ofstate, 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 tooperate the vehicle for a maximum period of thirty-one (31) daysafter the date of delivery of the vehicle to the vehicle's owner or untila regular license plate is issued, whichever occurs first.
(e) A motor vehicle that is required by law to display licenseplates on the front and rear of the vehicle is only required to displaya 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 thesecretary of state regarding the classification and use of a dealer plateor the use of a research and development license plate commits aClass 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 alteredinterim license plate issued under section 10 of this chapter commitsa 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 ofthe secretary of state issued under this chapter is subject to a civilpenalty of not less than fifty dollars ($50) and not more than onethousand dollars ($1,000) for each day of violation and for each actof violation, as determined by the court. All civil penalties recoveredunder 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 14of this chapter, the secretary of state may restrict, suspend, or revokea dealer permanent or interim license plate that was issued to theviolator.
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 orderof the secretary of state issued under this chapter, the secretary ofstate may institute a civil action in any circuit or superior court ofIndiana for injunctive relief to restrain the person from continuingthe activity or for the assessment and recovery of the civil penaltyprovided 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 attorneygeneral shall institute and conduct an action in the name of the statefor:
(1) injunctive relief or to recover the civil penalty provided bysection 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 notlimited 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 ofgross retail or use tax paid on the purchase of a motor vehicleor watercraft).
(b) All records directly related to the use of interim plates by adealer must be made available to an investigating employee of thesecretary 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.