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§47-1128.
§47-1128.
A. Every person manufacturing or having a contract to sell new
vehicles in this state shall file a verified application for a general
distinctive number for all new vehicles owned or controlled by the
manufacturer or dealer; provided, the Oklahoma Tax Commission shall
issue a license to sell such new motor vehicles only for those types
of new vehicles for which the applicant has a sales contract or
franchise; provided, further, that no license shall be issued to any
applicant that has not complied with the provisions of Sections 561
through 568 of this title and does not hold a current license issued
by the Oklahoma Motor Vehicle Commission pursuant thereto. A separate
manufacturer's or dealer's license shall be required for each separate
county within which such manufacturer or dealer has an established
place of business and upon payment of a license fee of Ten Dollars
($10.00) there shall be assigned and issued to such manufacturer or
dealer a Certificate of Registration and one license plate which shall
be displayed upon each vehicle of such manufacturer or dealer when
same is operated, driven, or displayed on any street, road, or
highway, in the same manner as hereinbefore provided for vehicles
owned by other persons. Such a manufacturer or dealer in new vehicles
may obtain as many additional license plates as may be desired, upon
the payment of the sum of Ten Dollars ($10.00) for each additional
plate; provided that no such license plate issued to any manufacturer
or dealer shall be used or displayed upon any secondhand or used
vehicle, or upon any new vehicle which is used for a service car, or
private use, or for hire. Any person, with consent of the dealer, may
operate a motor vehicle, with the dealer's tag affixed, while
contemplating purchase, so long as this intent is limited to a
consecutive seventy-two-hour period, or a weekend. An individual
holding a valid salesman's license issued by the Oklahoma Motor
Vehicle Commission shall not be subject to this limitation. If such
person also buys and sells used vehicles, he shall, after obtaining
his new motor vehicle dealer's license from the Oklahoma Motor Vehicle
Commission, also obtain a used motor vehicle dealer's license, from
the Used Motor Vehicle and Parts Commission, the cost of which shall
be as prescribed in Section 1101 et seq. of this title.
B. Each dealer and used motor vehicle dealer shall keep a record of
the purchase and sale of each motor vehicle he buys or sells, which
shall show the name of the seller or buyer as the case may be, and a
complete description of the vehicle purchased or sold, and such other
information as the Commission may prescribe.
C. Application for manufacturer's or dealer's license must show that
such dealer or manufacturer has not violated any of the provisions of
this section; and such license shall be nonassignable; and any such
license may be suspended temporarily or revoked by the Commission for
violation or failure to comply with this section, provided, the holder
of such license shall be given ten (10) days' notice of hearing to
suspend or cancel such license. If any such person subject to any of
the licenses required in this section fails to obtain it when due, a
penalty of twenty-five cents ($0.25) per day on each such license
shall be charged in the same manner as is now provided on delinquent
motor vehicle registrations, and after a period of thirty (30) days
such penalty shall be equal to the license fee. It shall be the duty
of every person licensed to sell new or used motor vehicles to advise
each purchaser in writing about his title requirements and payment of
any taxes due. Each used motor vehicle must display a proper Oklahoma
license plate or a used dealer's license plate. Dealers failing to
comply with provisions of this section shall be responsible for all
taxes due on such sales or on such vehicles.
D. Every person engaged in the business of transporting and delivering
new or used vehicles by driving, either singly or by towbar, saddle
mount or full mount method, engaging in drive-away operations as
defined in Section 3 of Title 85 of the Oklahoma Statutes, or any
combination thereof, from the manufacturer or shipper to the dealer or
consignee and using the public highways of this state shall file with
the Commission a verified application for in-transit license plates to
identify such vehicles. The application shall provide for a general
distinctive number for all vehicles so transported. Upon payment of a
license fee of Ten Dollars ($10.00) there shall be assigned and issued
to such person one in-transit plate. Such in-transit plate shall be
used by such person only on vehicles when so transported. Such person
may obtain as many additional in-transit plates as desired upon
payment of a fee of Ten Dollars ($10.00) for each additional plate.
Provided, a used motor vehicle dealer shall use a used dealer license
plate in lieu of the in-transit license plate for transporting a used
motor vehicle and, in such cases, shall be exempt from making
application for an in-transit license plate. Provided further, only a
person who possesses a certificate issued by the Interstate Commerce
Commission or the Corporation Commission to engage in the business of
transporting and delivering manufactured homes for hire may use the
in-transit license plates obtained by them as herein authorized for
transporting new or used manufactured homes from one location to
another location within Oklahoma or from a point in another state to a
point in this state. Nothing contained in this section shall relieve
any person from the payment of license fees otherwise provided by law.
When the Commission deems it advisable and in the public interest, it
may require the holder of any in-transit license, or any person making
application therefor, to file a proper surety bond in any amount it
deems proper, not to exceed Ten Thousand Dollars ($10,000.00).
E. The Oklahoma Tax Commission shall issue dealer licenses to new and
used manufactured home dealers, new and used travel trailer dealers
and new and used commercial trailer dealers.
F. All licenses provided for in this section shall expire on December
31 of each year.
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