ADOR - Motor Vehicles Rulebook

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810-5-1-.201. Exemptions from Privilege or License Tax and Registration Fee at Time of Registration or Re-registration.

(1) Anyone claiming the exemption from the privilege or license tax and registration fee levied on automobiles and motor vehicles by the State of Alabama must claim the exemption at the time of registration or re-registration of the vehicle.

(2) Anyone not claiming an exemption at time of registration will not be entitled to a refund of registration fees subsequently claimed.

(3) Anyone qualifying for an exemption after having registered his or her motor vehicle must wait until his or her next registration period to claim the exemption; provided, if the exemption is a permanent exemption, such as a Prisoner of War exemption under Section 32-6-250, upon surrender of the current license plate, the qualified individual may be issued the requested exemption plate and will not be subject to future payments of fees (but no refund of fees paid for the surrendered plate shall be made).

(4) Anyone entitled to an exemption who qualifies for and elects to receive a distinctive license plate that has an additional fee is not exempt from the payment of the additional fee.

(5) Section 32-6-254 provides a permanent exemption to surviving spouses for the distinctive license plates authorized under Section 32-6-250; provided the exemption ends at his or her remarriage. The exemption is applicable even if the exemption was not available during the lifetime of the service member, or if the service member did not choose to exercise the exemption/secure the distinctive license plate. (Authority: Sections 40-2A-7(a)(5), Code of Alabama 1975 (Adopted through APA effective July 30, 1982; Amended: Filed October 28, 2005, effective December 2, 2005)

810-5-1-.202. Personalized License Tags - Rejection of Objectionable Language or Symbols.

(1) WHEREAS, the Department of Revenue is authorized by statute to promulgate rules and regulations relating to the use and operation of a private passenger or pleasure motor vehicle before the owner thereof can obtain a personalized license tag, the Department of Revenue shall determine whether or not to manufacture and issue the license plate as applied for.

(2) IT IS THEREFORE ORDERED that no license plate be manufactured and issued which contains objectionable language or symbols which are considered by the Department of Revenue to be offensive to the peace and dignity of the State of Alabama. (Adopted July 22, 1982) (Authority: §§40-2-11 and 32-6-151)

810-5-1-.204. Placement of Motor Vehicle License Tags on Certain Motor Vehicles.

(1) The Commissioner of Revenue is of the opinion that Act 143 of the 1961 Legislature, now Section 32-6-51 Code of Alabama 1975, has certain conflicts in regard to the placement of license plates on trucks or truck tractors.

(2) In order to comply with the legislative intent of Act 143 which requires the license plates to be conspicuous and "plainly visible", the Department of Revenue mandates that the placement of license plates issued for truck tractors as defined in Section 40-12-240, as amended, be displayed on the front of the truck tractors (excluding motor homes).

(3) Owners or operators of trucks as defined in Section 40-12-240, as amended, may display the license plate in the front of the vehicle when:

(a) The license plate is rendered difficult to read because of the truck bumpers, or truck lift or other permanent obstruction.

(b) The license plate is subject to being bent, defaced, mutilated because of the commodity hauled or the use made of the truck.

(c) The license plate is subject to being covered with dirt, chemicals, etc., because of vehicle design or use (i.e. dump trucks, trash or garbage trucks).

(4) The license plate required of all other motor vehicles shall be placed on the rear of such vehicle as provided by said Act. (Adopted October 1, 1962, amended July 23, 1982, amended May 30, 1989, amended September 18, 1992) (Authority: §§40-2-11, 40-12-272, Code of Alabama 1975.)

810-5-1-.205. Temporary Tags - Authorized Uses.

(1) Act No. 79-817, 1979 Regular Session of the Alabama Legislature, was enacted for the purpose of providing temporary tags to purchasers of motor vehicles under certain conditions. The Act also provides for three distinct and temporary type tags to be used by such issuing agents. For the Probate Judges, License Commissioners, and Directors of Revenue who are already designated agents under the Title Law, it is only necessary that they file an application with this office using their designated agent's number under the Title Section to become a designated agent to issue temporary tags primarily to vehicles to be licensed out-of-state. However, if for any reasonable and valid reason the Judges need to issue more than one temporary tag to any one individual they are allowed to do so under this Act so long as the temporary period does not exceed sixty days. All issuing agents will be held accountable for those tags assigned to them by license number for accounting purposes. The same applies to tag receipts.

(2) The dealers will be furnished a distinctive type tag. The dealers are only authorized to issue temporary tags to those persons who purchase a motor vehicle for titling and registration in another state. Each such dealer can only issue one temporary tag to the same individual for the same vehicle. This also applies to manufacturers and dealers in mobile homes who will have a third distinctive type motor vehicle tag to be issued only to vehicles which will be licensed out-of-state.

(3) The Act further provides that mobile home manufacturers and dealers in mobile homes must post a continuing bond in an amount not less than $5,000.00 or in lieu of such bond such manufacturer or dealer may file a condensed balance sheet as of a date not more than three months prior to July 1, of each year evidencing a net worth of not less than $25,000.00.

(4) The Department of Revenue, Motor Vehicle Division, will furnish all forms, receipts, and temporary tags to be used by the issuing agents. The price of each tag is $2.25 as shown on the remittance advice form and each designated agent, manufacturer, or dealer shall remit to the Department of Revenue, Motor Vehicle Division, on the remittance advice form the sum of $1.50 for each temporary tag issued. The balance of fee ($.75) shall be remitted to the County Commission of the county in which the tag is issued. The $.75 to be paid to the county is an issuance fee and no additional fees are to be collected by the issuing authority. The remittance advice form will be in three parts and the original of the form is to be remitted to the Department of revenue along with fees listed thereon. The second copy is to be furnished to county in which issued along with county remittance and the third copy is to be retained by the issuing agent for a period of one year from date of issuance for accounting purposes by the Examiners of Public Accounts. The receipt forms will be in triplicate with the original to be sent to the Department of Revenue, Motor Vehicle Division, the second copy to the purchaser, and the third copy to be retained by the issuing agent for accounting purposes. These tags are cardboard tags and should be posted by the purchaser in the rear window of the motor vehicle for which it was purchased. The information to be written on the tag by each issuing agent shall be in ink showing the date issued, date expiring, and such other information as is required on the temporary license tag. All issuing agents are requested to forward the remittance to this office by the 10th of the month following date issued. (Adopted September 24, 1979, amended July 30, 1982) (Authority: §40-2-11 and 32-6-218)

810-5-1-.206 Military Exemptions and the United States Armed Forces Reserve Distinctive License Plates.

(1) Active members of the United States Armed Forces Reserve, who are residents of Alabama, shall be entitled to claim a registration fee exemption for one passenger vehicle owned by the active member of a reserve unit.

(2) The registration fee exemption shall apply to only one passenger vehicle to include trucks with gross vehicle weights not exceeding 8,000 pounds. Passenger vehicles shall not include self-propelled campers or house cars, motorcycles, trailers, semitrailers, or motor vehicles used in the transportation of persons for hire. Additional distinctive license plates may be acquired after payment of the required registration fees, and taxes. Where an active member of the United States Armed Forces Reserve moves to another county and desires to purchase a U.S. Armed Forces Reserve military license plate, and the registration fee exemption has already been claimed in the prior county, the reserve member shall present the active reserve identification card or Common Access Card, and the most recent copy of his or her Leave and Earnings Statement (LES) to the county license plate issuing official. This documentation aids the license plate issuing official in ensuring that the individual qualifies to purchase the U.S. Armed Forces Reserve military license plate.

(3) The U.S. government began issuing modified United States military identification cards in October 2004 referred to as Common Access Cards (CAC). The new cards do not contain a status field for military personnel which means that one cannot view the new cards to determine whether an individual is in the National Guard, Reserves, or is active duty military. The new cards are issued to new enlistments, persons receiving promotions, and military personnel receiving replacement cards for other reasons. Previously issued cards containing the status field will remain valid until October 2007 or until the cards expire, whichever comes first.

(4) To claim the exemption, the active reserve member must present, to county license plate issuing official, an active reserve identification card or Common Access Card, and an affidavit signed by the unit commander confirming the reservist/vehicle owner remains in military service and is entitled to the registration fee exemption.

(5) The passenger vehicle for which the United States Armed Forces Reserve distinctive license plate is sought shall be owned by the active reserve member as evidenced by the reservist’s name appearing on the title. The vehicle not be owned by a trust, corporation, LLC, spouse, dependent, etc.

(6) The registration fee exemption for the active reserve member may be applied to a standard passenger license plate or other distinctive license plate categories in addition to the active reserve license plate category. Active reserve members desiring to acquire a distinctive license plate other than the United States Armed Forces Reserve plate must pay the additional fee applicable to the license plate category requested prior to acquiring the distinctive license plate.

(7) United States Armed Forces Reserve license plates are renewed under the staggered registration system. Reservists are to renew in the month assigned by law according to the first letter of the individual reservist’s last name.

(8) When a vehicle owned by an active reserve member is sold, junked, or otherwise disposed of, the active reserve license plate shall be removed from the vehicle, and shall remain with the active reserve member. Should the active reserve member acquire another vehicle, the United States Armed Forces Reserve license plate may be transferred to the other vehicle upon payment of the transfer fee to the county license plate issuing official.

(9) While an Alabama resident may qualify for the registration fee exemption, ad valorem tax must be remitted to the county license plate issuing official prior to issuance of a United States Armed Forces Reserve license plate, standard license plate or other distinctive license plate for which the registration exemption is applied.

(10) In the event a member of any United States Armed Forces Reserve unit, by virtue of military orders is deployed outside Alabama, and thus unable to personally provide to the county license plate issuing official an active reserve identification card or Common Access Card, and is otherwise entitled to an exemption under Section 40-12-244, Code of Alabama 1975, or other section of Alabama law providing for registration fee exemptions for members of any United States Armed Forces Reserve unit on active military duty, the spouse, dependent or person granted power of attorney to conduct business on behalf of the reservist, may provide proof, as described below, that reservist/vehicle owner is on active duty in military service, and the county license plate issuing official, relying on the proof provided, may authorize the registration fee exemption and issue the requested United States Armed Forces Reserve distinctive license plate, standard license plate, or other distinctive license plate for the reservist.

(11) In the event the reservist is deployed, the proof document to be presented shall be the most recent copy of the reservist’s “Leave and Earnings Statement” (LES) or a copy of his/her mobilization orders, and the reservist’s spouse or dependent’s military identification card.

(Authority: Sections 40-2A-7(a)(5) and 32-6-352, Code of Alabama 1975) (History: Adopted through APA July 29, 2003, effective September 2, 2003; Amended: Filed October 28, 2005, effective December 2, 2005)

(1)

810-5-1-.207. Disabled Veterans - Uses and Transferability of Distinctive Tags.

(1) For the sake of uniformity and standardization, upon implementation of Act 81-933, of the First Special Session of the Alabama Legislature, the Revenue Department shall issue the distinctive "disabled veterans" license plate required by this Act to all disabled veteran applicants qualified for the issuance of license plates under Code of Alabama, 1975, as amended, Sections 32-6-130, 40-12-244, and 40-12-254.

(2) This shall be a permanent license plate, designed in accordance with Act 81-933 of the First Special Session of the 1980 Legislature and this license plate shall be revalidated each year as required by Act 80-631, 1980 Regular Session of the Alabama Legislature (The Staggered Registration System) for private passenger motor vehicles.

(3) The disabled veteran's license plates are not transferable between persons. A disabled veteran who has properly qualified and has been issued a distinctive "disabled veteran" license plate, upon selling his vehicle, shall remove the license plate from the vehicle. The purchaser (transferee) of the vehicle shall purchase a new license plate for the vehicle, unless specifically exempt from same.

(4) The disabled veteran can deliver his distinctive disabled veteran license plate to the Probate Judge or other county official authorized and required by law to issue license plates and have his distinctive license plates reassigned to his replacement motor vehicle. (Adopted August 2, 1982) (Authority: §§40-12-272 and 32-6-131)

810-5-1-.208 Military Exemptions and the National Guard Distinctive License Plates.

(1) Active members of the Alabama National Guard, who are residents of Alabama, shall be entitled to claim a registration fee exemption for one passenger vehicle owned by an active guardsman.

(2) Retired members of the Alabama National Guard with twenty (20) years or more service, who are residents of Alabama, are also entitled to claim a registration fee exemption for one passenger vehicle owned by the retired member.

(3) The registration fee exemption shall apply to only one personally- owned, private passenger vehicle to include trucks with gross vehicle weights not exceeding 8,000 pounds. Passenger vehicles shall not include self-propelled campers or house cars, motorcycles, trailers, semitrailers, or motor vehicles used in the transportation of persons for hire. Additional distinctive National Guard license plates may be acquired by paying the regular privilege or license tax and registration fee as provided by law. Where an active member of the Alabama National Guard moves to another county and desires to purchase a National Guard military license plate, and the registration fee exemption has already been claimed in the prior county, the guard member shall present the National Guard identification card or Common Access Card, and the most recent copy of his or her Leave and Earnings Statement (LES) to the county license plate issuing official. This documentation will aid the license plate issuing official in ensuring that the individual qualifies to purchase the National Guard military license plate.

(4) The U.S. government began issuing modified United States military identification cards in October 2004 referred to as Common Access Cards (CAC). The new cards do not contain a status field for military personnel which means that one cannot view the new cards to determine whether an individual is in the National Guard, Reserves, or is active duty military. The new cards are issued to new enlistments, persons receiving promotions, and military personnel receiving replacement cards for other reasons. Previously issued cards containing the status field will remain valid until October 2007 or until the cards expire, whichever comes first.

(5) To claim the exemption, the active National Guard member must present to the county license plate issuing official, a proper identification card and an affidavit signed by the unit commander, confirming that the member/vehicle owner remains in the National Guard or State Guard and is entitled to the registration fee exemption.

(6) A retired member of the Alabama National Guard must present proper identification and a NGB Form 22, or a Notice of Eligibility for Retired Pay at Age 60 as proof of retirement status.

(7) The passenger vehicle for which the National Guard distinctive license plate is sought shall be owned by the member as evidenced by the member’s name appearing on the title. The vehicle shall not be owned by a trust, corporation, LLC, spouse, dependent, etc.

(8) The registration fee exemption for the active and retired National Guard member may only be applied to the distinctive National Guard license plate or National Guard personalized distinctive license plate. Payment of the additional fee must be remitted to the county license plate issuing official before the National Guard personalized distinctive license plate may be issued.

(9) When the vehicle owned by the active or retired member is sold, junked, or otherwise disposed of, the distinctive National Guard license plate shall be removed from the vehicle, and shall remain with the member. Should the member acquire another vehicle, the distinctive National Guard license plate may be transferred to the other vehicle upon payment of the appropriate transfer fee to the county license plate issuing official.

(10) In the event a member of any Alabama National Guard unit, by virtue of military orders, is deployed outside Alabama, and thus is unable to personally provide to the county license plate issuing official the affidavit by his/her unit commander confirming that the member is on active military service and is thus entitled to an exemption under Section 40-12-244, Code of Alabama 1975, or other section of Alabama law providing for motor vehicle registration fee exemptions, the spouse, dependent or person granted power of attorney to conduct the business of the member may provide proof, as described below, that the member/vehicle owner is in active military service, and the county license plate issuing official, relying on the proof provided, may authorize the registration fee exemption and issue the requested National Guard distinctive license plate for the member.

(11) In the event the Guard member is deployed outside Alabama, the proof document to be presented shall be the most recent copy of the serviceman’s “Leave and Earnings Statement” (LES) or a copy of his/her mobilization orders, and the Guard member’s spouse or dependent’s military identification card. (Authority: Sections 40-2A-7(a)(5) and 32-6-352, Code of Alabama 1975) (History: Adopted through APA July 29, 2003, effective September 2, 2003; Amended October 28, 2005, effective December 2, 2005)

810-5-1-.209 Helping Schools Distinctive License Plates.

(1) Owners of all motor vehicles, who are residents of Alabama, shall be entitled to purchase a Helping Schools distinctive license plate. The registrant shall pay an annual additional fee as provided by law to secure the license plate. This fee shall be paid in addition to the regular registration fee that applies to the type of motor vehicle being registered as well as all applicable taxes.

(2) Owners of private passenger vehicles, to include pickup trucks of not more than 8,000 pounds gross vehicle weight, self-propelled campers or house cars, motorcycles or motor driven cycles may request either a pre-numbered or personalized Helping Schools distinctive license plate. If a pre-numbered plate is issued, the registrant shall receive a registration receipt, license plate, and validation decals at the time of registration.

(3) If a personalized plate is requested, the registrant shall receive a registration receipt, sixty (60) day temporary bearing the personalized message, and validation decals at the time of registration. Once the plate is manufactured, it will be shipped to the registrant or to the county tag office, if requested by the issuing official.

(4) Owners of commercial motor vehicles who desire to display the Helping Schools distinctive license plate shall comply with all rules and regulations governing commercial vehicles to include numbering schemes, when applicable.

(5) The Department of Revenue may alter the design of the Helping Schools distinctive license plate as may be necessary for issuance on all types of motor vehicles.

(6) Registrants may designate the school district for which they desire the net proceeds to be distributed. The county tag issuing official shall distribute the additional fee less the cost of production of the plate to the designated district. When a registrant fails to designate a school district or indicates no preference, the funds shall be distributed to the school district in which the funds were generated. The net proceeds will be used to purchase classroom supplies and equipment in grades K-12 of the public schools in the district.

Authority: Section 40-2A-7(a)(5), Code of Alabama 1975. History: New rule: Filed March 30, 2004, effective May 4, 2004.

810-5-1-.210 Extending the Period for Use of Standard and Distinctive License Plates.

(1) The term “standard license plates” as used in this rule shall be deemed to include the following license plate categories:

(a) Passenger automobile license plates;

(b) License plates for trucks with gross weights not exceeding 12,000 pounds;

(d) License plates for motor homes with gross weights not exceeding 12,000 pounds.

1. The term “distinctive license plates” as used in this rule shall be deemed to include collegiate license plates as authorized under Section 32-6-150 and the various multi-year military and other specialty plates authorized under Chapter 6 of Title 32 and Chapter 12 of Title 40.

(2) This rule shall not pertain to the following categories of license plates:

(a) Apportioned

(b) State, county or municipal government (including motorcycles)

(d) Temporary (including Manufacturer Temporary)

(e) Volunteer Fire Departments

(f) Federal Government Loaned Vehicles

(g) National Guard (including disability access)

(h) Purple Heart (including disability access)

(i) Prisoner of War (including disability access)

(j) Medal of Honor Recipient (including disability access)

(k) Vintage Vehicle (including motorcycle)

(l) Consular Official

(m) USS Alabama Battleship Commission

(n) Standard motorcycle

(o) Manufacturer

(p) Dealer (including dealer motorcycle)

(q) Trailer

(r) Ambulance/Hearse

(s) Commercial Bus

(t) Taxi

(u) Rental Trailer

(v) Trucks with gross weights exceeding 12,000 pounds

(w) Farm trucks

(x) Forest products trucks

(y) Motor homes (exceeding 12,000 pounds gvw)

(3) Under the authority of Section 32-6-53, Code of Alabama 1975, and pursuant to the issuance of a proclamation of emergency under date of February 19, 2004 by Governor Bob Riley, the Commissioner of Revenue hereby extends the period of use of standard and distinctive license plates for a two-year period; accordingly, the issuance of the next series of standard license plates shall be delayed until the period January 1, 2009 through November 30, 2009, and the current series of standard license plates (“Stars Fell on Alabama”) shall be extended until the new series is issued.

(4) Any new distinctive license plate categories created either by legislative action or through the pre-commitment process as provided in Chapter 6 of Title 32, on or after January 1, 2004, shall be valid for a period of five (5) years as provided in Section 32-6-62. Furthermore, any existing distinctive license plate category which is due to be reissued during the period from January 1, 2005 through December 31, 2007 will be extended for an additional two-year period.

(5) The extension herein provided refers to the use of the metal license plate, and does not extend the period for annual reregistration of the vehicle. Vehicle owners shall continue to timely renew their registrations in their designated renewal month, including payment of ad valorem taxes, issuance fees, and registration fees, and shall be issued revalidation decals to be attached

to the license plates.

(6) Anyone acquiring a vehicle subject to registration in Alabama during the period beginning January 1, 2007 and extending through December 31, 2008, desiring a standard license plate, shall be issued the license plate series that was originally issued beginning January 1, 2002 (the “Stars Fell on Alabama” series).

(7) In the event the license plate becomes illegible or deteriorates to the condition that law enforcement could have difficulty reading the license plate or determining the type of license plate, the owner shall return to his or her license plate issuing official, and upon surrender of the original license plate and payment of the appropriate fee, secure a replacement license plate as authorized under Section 40-12-265. (Authority: Sections 40-2A-7(a)(5) and 32-6-53, Code of Alabama 1975) (History: Adopted through APA June 18, 2004, effective July 23, 2004)

810-5-1-.210.01 Motor Vehicle Registration Expiration Dates and Registration Periods.

(1) Active members of the Alabama National Guard, who are residents of Alabama, shall be entitled to claim a registration fee exemption for one passenger vehicle owned by an active guardsman.

(6) A retired member of the Alabama National Guard must present proper identification and a NGB Form 22, or a Notice of Eligibility for Retired Pay at Age 60 as proof of retirement status.

(10) In the event a member of any Alabama National Guard unit, by virtue of military orders, is deployed outside Alabama, and thus is unable to personally provide to the county license plate issuing official the affidavit by his/her unit commander confirming that the member is on active military service and is thus entitled to an exemption under Section 40-12-244, Code of Alabama 1975, or other section of Alabama law providing for motor vehicle registration fee exemptions, the spouse, dependent or person granted power of attorney to conduct the business of the member may provide proof, as described below, that
the member/vehicle owner is in active military service, and the county license plate issuing official, relying on the proof provided, may authorize the registration fee exemption and issue the requested National Guard distinctive license plate for the member.

810-5-1-.211 Motor Vehicle Registration Delinquency Penalty and Interest Charges.

(1) Penalties for the late registration of a motor vehicle are codified in Sections 40-12-260(a)(5) and 32-6-65(b), Code of Alabama 1975, as amended by Act 2004-529. Additionally, a penalty under Section 40-12-249(b) is applicable to anyone operating a vehicle with an improper class license plate. This rule does not address the penalty provisions of Section 40-12-255(b) involving manufactured homes.

(2) Act 2004-529, effective August 1, 2004, increases the number of days to register a newly acquired vehicle from ten (10) days to twenty (20) days. The Department of Revenue construes the provisions of Section 40-12-260(a)(4)a., where the Code, after the Act 2004-529 amendment, continues to indicate a 10-day period for vehicle transfers, as being in error, and that registrants, effective August 1, 2004, have 20 days from date of purchase or acquisition to register a newly acquired vehicle without penalty. The Department takes this position based on Alabama court decisions where it was held that the bill’s synopsis indicate the legislative intent, and decisions that have held that if a particular code section contains conflicting information, the later data is to be considered the intent of the Legislature.

(3) The Department of Revenue interprets the 20-day provisions of Act 2004-529 as being effective for any motor vehicle registered August 1, 2004 or thereafter. Therefore, if a motor vehicle is acquired in the month of July 2004, and the 10-day “grace period” to register the vehicle ends in the month of August 2004, license plate issuing officials shall construe the new law as extending the 10-day grace period to 20 days. Example: a new vehicle is acquired on July 26, 2004. The ten-day period to register the vehicle begins on July 27, 2004 and extends into August. Thus, because Act 2004-529 becomes effective on August 1, 2004, the purchaser is given an additional 10 days to register his newly acquired vehicle.

(4) In determining the 20-day penalty free period, the day the vehicle was actually acquired is not included in the calculations (see Section 1-1-4, Code of Alabama 1975 and opinion of the Attorney General to Honorable Walker Hobbie, Judge of Probate, Montgomery County, under date of November 14, 1980). Thus issuing officials, in calculating the 20-day “grace period” must begin counting using the day following the purchase or acquisition date.

(5) In calculating the 20 day penalty and interest “grace period,” if the 20th day falls on a Saturday, Sunday, holiday, or any day that the county issuing office is closed, the vehicle owner may register his or her vehicle the next business day without penalty and interest charges as per Alabama law.

(6) If someone is issued a current and valid Alabama temporary license plate(s) before the 20-day penalty and interest “grace period” expires for his or her newly acquired vehicle, penalty and interest are not to be charged if the vehicle is registered while the temporary plate(s) remains valid. The temporary plate must have been acquired prior to the delinquent period.

(7) If someone is issued a current and valid temporary license plate for his or her newly acquired vehicle in another jurisdiction, penalty and interest shall not be charged when registered while the temporary plate is valid, even if the 20th day occurs before the temporary plate expires. Provided, the temporary plate acquired from another jurisdiction must have been secured within the 20-day “grace period” from date purchased or acquired.

(8) Section 32-6-65(b), in defining the phrase “late registration of a motor vehicle” uses the phrase “date of purchase or acquisition.” There are many ways one may acquire a motor vehicle, including:

            (a)        Gift,
            (b)        Prize,
            (c)        Divorce settlement,
            (d)        Estate settlement.

(9) It is the responsibility of anyone acquiring a vehicle to prove to the satisfaction of the license plate issuing official the date the vehicle was acquired, if the vehicle was operated with a temporary license plate, and any other factor that would assist the issuing official in determining when the registration fee liability attaches, and if delinquency penalty and interest charges are due.

(10) Situations sometimes occur where the date of purchase is different from the date of acquisition. In cases where the registrant can document to the issuing official that the newly acquired vehicle was not received by the owner until a date subsequent to the purchase date, penalty and interest shall not be charged if the vehicle is registered within 20 days of the acquisition date. Example: Someone acquiring a new truck from a dealership, as part of the purchase contract, requires the dealer to paint the truck and add special equipment, and such changes result in the new owner not taking possession of the truck until several days after the date shown on the title application as the purchase date.

(11) Situations sometimes occur where a purchaser will acquire a motor vehicle, have it delivered by the selling dealership to the purchaser’s location, where it is stored until weeks or months later when the purchaser needs to place the vehicle into service. If the purchaser documents to the license plate issuing official that the vehicle was delivered by the seller and not subsequently operated on the public highways prior to the vehicle being registered, the issuing official shall charge no late registration penalty or interest.

(12) Under provisions of the Alabama Certificate of Title and Antitheft Act, a salvage motor vehicle may be rebuilt and operated on the public highways. In such cases, upon inspection and the issuance of an application for certificate of title for the rebuilt vehicle by the Department of Revenue, the vehicle shall be registered within 20 days of the date shown on the application for certificate of title without penalty or interest charges attaching (unless the registration fee liability does not attach, for example, if the rebuilt vehicle is acquired by and immediately placed into dealer inventory).

(13) There are situations where owners acquire motor vehicles to be used exclusively on private property and not on the “public highway” as that term is defined in Section 40-12-240. In the event the owner needs to operate the vehicle on the public highways, before operating, the owner must first register the vehicle – there is no 20-day grace period in such cases. In the event the vehicle is operated on the public highways without the registration having been acquired before operation, delinquency penalties and interest charges are due when the vehicle is subsequently registered. Provided, the Department does not interpret vehicle operation on the public highways to include a movement directly from one side of a public highway to the opposite side of the highway (for example, to move the vehicle from plant sites directly across the highway from each other).

(14) In the event someone leases a motor vehicle, the lease date is the date of acquisition, and the registration fee liability attaches on the lease date, unless the lessor or lessee can provide evidence that the lessee did not receive control and possession of the vehicle on the lease date.

(15) In the event a licensed motor vehicle dealer moves a vehicle from his/her vehicle sales inventory to be used as daily rental vehicle, the motor vehicle dealer shall certify to the issuing official the date that the vehicle was placed into the rental inventory, or the date that the vehicle was first used as a rental vehicle, whichever date is first, in order for the issuing official to determine if delinquency penalty and interest charges accrue. This same requirement is applicable if the vehicle is removed from dealer inventory for use as a service vehicle, etc.

(16) In the event a manufacturer of motor vehicles elects to sell a motor vehicle to the employee of the manufacturer or direct to a retail customer, the liability for registration fees would begin at the date of purchase or acquisition, with the purchaser having the 20-day grace period to acquire registration.

(17) In accordance with the opinion of the Attorney General issued to the Honorable Larry Prince, Tax Assessor, Franklin County, under date of June 2, 1993, during the 20-day period a newly acquired vehicle may be operated without a current and valid Alabama license plate being displayed on the vehicle, if the owner has not secured a new registration for the vehicle.

(18) In accordance with the provisions of Section 40-12-260(b)(1)(2) and (3), during the 20-day grace period from purchase date or acquisition date, the operator of the newly acquired vehicle must retain with the vehicle the ownership document(s) authorized in these law subsections for possible presentation to law enforcement. Provided, if the person acquiring the vehicle has a current and valid license plate formerly registered to another vehicle he/she previously owned, said license plate may be affixed to newly acquired motor vehicle.

(19) If the newly acquired motor vehicle is a truck or truck tractor with a gross weight exceeding 10,000 pounds, or is a commercial bus, while the registration may be secured without penalty during the 20-day period following the date of purchase or acquisition, operation of the truck, truck tractor or commercial bus on the public highways, without a current and valid license plate may subject the operator to law enforcement sanctions; particularly, if the vehicle is operated outside the State of Alabama.

(20) If the owner of a newly acquired motor vehicle seeks to register the vehicle by transferring the current and valid registration from a vehicle he/she continues to own, in accordance with the provisions of Section 40-12-260, such transfer cannot be made. If, however, the owner can document to the satisfaction of the license plate issuing official that the previously owned vehicle was sold or otherwise disposed of prior to the acquisition of new vehicle, the transfer may be made. Provided, if the owner of the newly acquired vehicle can document to the satisfaction of the license plate issuing official that the previously registered vehicle was junked or destroyed thereby rendering it inoperable, although he or she continues to own the vehicle, prior to the acquisition of the new vehicle, the issuing official may transfer the license plate from said vehicle to the newly acquired vehicle within the 20-day period without registration penalty or interest charges.

(21) In the event an Alabama resident acquires a motor vehicle in another state, and operates the vehicle in that jurisdiction, or outside the State of Alabama, for days, weeks, or months, perhaps using temporary plates from the jurisdiction where vehicle was purchased, the 20-day penalty free period shall begin on the day following the date the vehicle enters the State of Alabama, as the registration fee liability attaches upon vehicle operation upon Alabama public highways.

(22) Generally, any vehicle subject to registration fee or ad valorem tax exemption is not exempt from penalty and interest charges. However, vehicle owners, under laws providing for exemption of “charges of any nature whatsoever” (such as Section 40-9-12) are exempt from penalty and interest charges.

(23) The Department of Revenue interprets the $15 penalty levied under Section 32-6-65(b) for “the failure to register the vehicle within 20 calendar days of the date of purchase or acquisition” as being applicable when the vehicle owner has no current and valid Alabama license plate that can be transferred to the newly acquired vehicle. In the case where the vehicle owner has a current and valid Alabama license plate which was removed from a vehicle that was sold, junked or destroyed, and fails to transfer said license plate to the newly acquired vehicle within 20 days of purchase or acquisition, only the transfer penalty imposed under Section 40-12-260 (a)(5) shall be applicable.

(24) Section 32-6-65(b) provides for a $15 penalty for anyone failing to renew his or her vehicle registration during his or her designated renewal month. In the event a motor vehicle owner has a current and valid Alabama license plate that may be transferred to a newly acquired vehicle, and fails to do so within the 20-day grace period, and also fails to timely renew his or her vehicle registration in the designated renewal month, both the $15 transfer penalty and the $15 penalty authorized under Section 32-6-65 (b) for failure to timely renew shall be applicable.

(25) If the last day of the registrant’s renewal month(s) falls on a Saturday, Sunday, holiday, or other day that the issuing office is closed, the registrant may renew his or her vehicle registration without penalty or interest charges during the next business day.

(26) Some Alabama counties send renewal notices to persons previously registering their motor vehicles in that county. The failure of any county to offer this service, or the failure of the renewal notice to be received by the vehicle owner does not serve to waive the penalty or interest charges levied under Alabama law.

(27) Section 40-12-10(f) provides that a license-issuing official cannot “fail to collect such penalties when issuing such license.” However, anyone determined to be subject to a registration law penalty may, after paying the penalty, elect to request a hearing with the Department of Revenue’s Administrative Law Division to seek a refund of the penalty charges.

(28) The Department of Revenue interprets the penalty provisions found in Sections 40-12-260 and 32-6-65 as not being applicable when the following registrations are issued:

(a) State, county, municipal government, Public Utility Department vehicles.
Vehicles owned by volunteer fire department license plates as authorized under Section 40-12-250.

(b) U.S. Government Loaned Vehicles.

(d) Temporary license plates.

(29) Under the provisions of Section 40-12-262, a non-resident moving to the State of Alabama with a current and valid out-of-state registration has 30 days following the date the vehicle enters the state to obtain an Alabama registration. Anyone failing to timely register their vehicle is subject to a registration penalty under Section 32-6-65(b). Note that this 30-day period is based on the vehicle owner having a current and valid out-of-state registration; if not, the vehicle must be registered immediately. Provided, if the vehicle is exempt from registration in its former base jurisdiction, registration for the vehicle must be accomplished within 20 days following the date the vehicle enters the state.

(30) Section 40-12-249(b) provides for a 25% penalty on the difference between fees paid and fees due when someone is cited with operating a vehicle with the incorrect class of license plate. This penalty refers to situations where the registrant’s vehicle is improperly registered with a lower weight license plate category than required, or when the registrant is operating a vehicle with one class license plate when another class license plate is required.

(31) In situations where a vehicle is operated during the renewal month(s) after the previous registration expired with an improper class license plate, the operator can be cited for improper license plate for the previous registration year, with the 25% penalty applicable. Additionally, the registrant would owe registration fees for the proper classification of license plate for the current registration period.

(32) In the event a person acquires a vehicle in a month other than their designated renewal month, and registers it with an improper classification license plate, the 25% penalty shall be based on the difference between the prorated fees for the license plate classification that should have been obtained beginning for the month the vehicle was acquired, and the prorated fees for the license plate classification that was obtained.

(33) Section 40-12-10(d) authorizes the collection of a citation fee when a “Notice to Obtain License Plate” is issued, and requires that the issuing official collect the citation fee “before issuing any license.”

(34) The term “citation” as used in Section 40-12-249(b) refers to the “Notice to Obtain License Plate” as authorized in Section 40-12-10, and does not refer to Uniform Traffic Tickets.

(35) Section 40-12-10(e) requires the license plate issuing official to collect interest when issuing a delinquent motor vehicle registration. Interest charges are calculated based on the provisions of Section 40-1-44, with the Department of Revenue providing notice of interest rate changes to the license plate issuing officials. (Adopted through APA November 2, 2004, effective December 7, 2004)(Authority: Sections 40-2A-7(a)(5), 32-6-61, 32-6-65, 40-12-242, 40-12-260 and 40-12-264, Code of Alabama 1975)

810-5-1-.212. Uses and Transferability of U.S.S. Alabama Battleship Commission Distinctive Tags.

(1) WHEREAS, Section 40-2-11 empowers the Commissioner of Revenue to supervise and control the administration of the various tax and license laws of the State of Alabama and

(2) WHEREAS, Section 32-6-55 provides that special tags be issued to the Chairman of the USS Alabama Battleship Commission and

(3) WHEREAS, the special tags issued to the individual and not to the vehicle the following procedures are hereby adopted.

(4) The distinctive license plates issued under this division shall not be transferable as between motor vehicle owners, and in the event the owner of a vehicle bearing such distinctive plates shall sell, trade, exchange or otherwise dispose of same, such plates shall be retained by the owner to whom issued and by him returned to the Judge of Probate or License Commissioner of the county who shall receive and account for same in the manner stated below. In the event such owner shall acquire by purchase, trade, exchange or otherwise a vehicle for which no standard plates have been issued during the current license year, the Judge of Probate or License Commissioner of the county shall, upon being furnished by the owner thereof proper certification of the acquisition of such vehicle and the payment of the motor vehicle license tax due upon such vehicle, authorize the transfer to said vehicle of the distinctive license plates previously purchased by such owner, which plates shall authorize the operation of said vehicle for the remainder of the then current license year. In the further event the owner of such distinctive plates shall acquire by purchase, trade, exchange or otherwise a vehicle for which standard plates have been issued during the current license year, the Judge of Probate or License Commissioner shall upon proper certification of such owner and upon delivery to such official of the standard plates previously issued for such vehicle, authorize the owner of such newly-acquired vehicle to place the distinctive plates previously purchased by him upon such vehicle and to use same thereon for the remainder of the then current license year. Such notice of transfer of ownership shall be made of record by the Judge of Probate or the License Commissioner.

(5) Any person acquiring by purchase, trade, exchange or otherwise any vehicle formerly bearing such distinctive plates shall be authorized, upon certification of such fact to the Judge of Probate or License Commissioner of the county and the payment of the fee now required by law, to purchase standard replacement plates for such vehicle which shall authorize the operation of such vehicle by the new owner for the remainder of the license year. (Adopted August 5, 1982) (Authority: §§40-2-11, 32-6-56, 32-6-151 and 40-12-272)

810-5-1.215. Vintage Vehicle License Plates; Issuance of; Use of; Transferring; Other Provisions.

(1) The Department of Revenue considers the following activities of the owner or operator of a vehicle displaying a Vintage Vehicle license plate as satisfying the requirements of Section 40-12-290, Code of Alabama 1975, as to vehicle use; either if

(a) The vehicle is operated on the streets or highways for the purpose of moving the vehicle to a location for maintenance or repair, or

(b) The vehicle is operated in "club activities, exhibitions, tours, parades," and can be driven to these locations for the purposes of attending these events or activities. For purposes of Section 40-12-290, the term "club activities" shall refer to the sponsored activities of Vintage Vehicle owner organizations, such as the Antique Automobile Club of America, or the Model A Club of America. The term "exhibitions" shall be deemed to refer to public displays of Vintage Vehicles and shall include antique car shows within or without this state. The term "tours" shall be deemed to be an organized trip comprised of several Vintage Vehicles to a predetermined location(s). The term "parades" is deemed to be a public procession on a festive or ceremonial occasion.

(2) The Department of Revenue considers the following activities by an owner or operator of a vehicle displaying a Vintage Vehicle license plate to be outside the criteria of legal use and in conflict with the provisions of Section 40-12-290, et seq., as amended:

(a) The use of the Vintage Vehicle license plate on a vehicle that is being driven to school, to work, shopping, etc.

(b) The use of a vehicle displaying a Vintage Vehicle license plate in any type commercial enterprise.

(c) The use of Vintage Vehicle license plate on a bus (with or without passenger seats), even if privately owned and operated. Also, Section 40-12-290 does not authorize use on trailers, ambulances, taxis, or any other type vehicle not specifically identified in this section.

(3) Section 40-12-290(d) contains the following phrase: "which weighs not more than 26,000 pounds gross weight." The Vintage Vehicle license plate may be properly used on a truck or truck tractor having a manufacturers gross weight rating over 26,000 pounds, if the actual weight of the vehicle does not exceed 26,000 pounds (including driver, and any passengers). The 26,000-pound limitation is not applicable to fire trucks registered with Vintage Vehicle license plates.

(4) Under the provisions of Section 40-12-290, county license plate issuing officials may not issue or transfer antique license plates after September 30, 1996, and, beginning October 1, 1997, all antique license plates become invalid. Owners of vehicles to whom antique license plates were properly issued (or transferred) prior to October 1, 1996, may continue to operate the vehicles in accordance with Regulation No. 810-5-1-.215.01 during the period October 1, 1996 through September 30, 1997.

(5) Under Section 40-12-290(4), an owner of a vehicle displaying an antique license plate may, beginning October 1, 1996, exchange said license plate in favor of the Vintage Vehicle license plate, if the vehicle is at least 30 years old, and is operated within the provisions of the Vintage Vehicle law. In that this subsection uses the phrase "without payment," the county issuing officials shall not charge the authorized registration fees, ad valorem taxes or issuance fees. The exchange provisions established by this subsection are not applicable to owners of vehicles who acquire standard or other distinctive license plates; and such owners acquiring standard or other distinctive license plates shall not be required to surrender their antique license plates. The exchange provisions authorized under this section are valid during the period October 1, 1996 through September 30, 1997; after that date, antique plates may not be exchanged because credit can not be given for an invalid license plate. The exchange provisions are not mandatory; a registrant may elect to retain the antique license plate as a keepsake, and pay the established fee for a Vintage Vehicle license plate.

(6) An ad valorem tax lien attached on October 1, 1996, to all vehicles previously registered as Antique Vehicles and which do not qualify to receive Vintage Vehicle license plates. Section 40-12-293, Code of Alabama,1975, provides that vehicles registered with Vintage Vehicle license plates shall be exempt from ad valorem taxation. Vehicles in excess of 30 years of age which are not registered with Vintage Vehicle plates will be subject to ad valorem taxation.

(7) October 1 shall be considered as the beginning of a new model year for vehicles registered as Vintage Vehicles. For example, on October 1, 1996, a 1967 year model vehicle will qualify for Vintage Vehicle license plates; on October 1, 1997, a 1968 year model qualifies, etc.

(8) In issuing the Vintage Vehicle license plates, county issuing officials are to collect the $10.00 registration fee, the issuance fee, any applicable penalty or interest charges due, and any ad valorem taxes due. As provided in Section 5 above, anyone exchanging an antique license plate may be issued the Vintage Vehicle license plate "without payment."

(9) Anyone seeking to transfer a Vintage Vehicle registration into his/her name must provide proof of ownership, must certify that the vehicle continues to qualify as a Vintage Vehicle; and will be used in accordance with the provisions of the Vintage Vehicle Law (Section 40-12-290 et seq.), pay the appropriate transfer fee and any casual sales tax due; and, must request the transfer within the time specified in Section 40-12-260, Code of Alabama 1975, as amended, or be subject to the transfer penalty.

(10) Vehicles manufactured in the United States before 1954 may not have vehicle identification numbers, and thus are to be registered using the vehicle's motor number.

(11) Applicants will complete an application (form #MVR 40-12-290), in which the vehicle owner certifies that he/she is the true owner of the vehicle, the vehicle description is accurate, the identification number is correct, the vehicle meets the requirements within Section 40-12-290 to obtain the Vintage Vehicle license plate, and, if applicable, the owner is exchanging an antique license plate as a credit to obtain the Vintage Vehicle license plate. Additionally, the person(s) seeking to register the vehicle may be required to prove ownership by providing such documents as a bill of sale, a motor vehicle registration in the registrant's name, or a previously issued insurance policy for the vehicle in the applicant's name.

(12) Under Section 40-12-290(d), to qualify as a Vintage Vehicle, the vehicle must have "the original or substantially similar vehicle body, chassis, engine, and transmission as designated for that make, model, year, and age vehicle." The Department interprets this language to require that the vehicle must have either the original parts and engine, or must have the vehicle or vehicle parts restored to the point that the vehicle/parts appear to be the original vehicle. The vehicle must not have been shortened/lengthened/raised/lowered from its original size when manufactured. Furthermore, this subsection does not authorize the issuance of Vintage Vehicle license plates to vehicles with mechanical parts and accessories of a later year model vehicle. For example, a 1928 "Model A" Ford does not have a high performance engine, mag tires, and advanced stereo equipment. Also, "replica" or "kit cars," which are generally fiberglass reproductions of earlier year model vehicles, do not qualify for Vintage Vehicle license plates.

(13) In the event the Vintage Vehicle license plate becomes faded or mutilated, or otherwise difficult to read, or is lost or stolen, the owner shall apply for a replacement Vintage Vehicle license plate, which shall be issued from the inventory of Vintage Vehicle license plates maintained by the county issuing officials. The vehicle owner shall pay the replacement fee provided under Section 40-12-265, Code of Alabama, 1975, and shall surrender the faded or mutilated Vintage Vehicle license plate.

(14) When issuing standard license plates to a vehicle owner convicted of violating the Vintage Vehicle Law, the issuing official shall not allow credit for any registration fee paid by the registrant when obtaining the Vintage Vehicle license plate. Additionally, the issuing official shall collect registration fees, plus penalty and interest charges, from the date that the Vintage Vehicle license plate was issued; provided, that the maximum liability for prior registration fees may not exceed three years. Officials shall also collect ad valorem taxes as if the vehicle owner had not previously qualified for an ad valorem exemption upon obtaining the Vintage Vehicle license plate.

(15) In the event that someone, having obtained Vintage Vehicle license plates, decides that he/she wants to begin using the vehicle in the same manner as a vehicle displaying standard license plates, the owner may, prior to such use, obtain the standard license plates by paying the appropriate registration fee to their designated renewal month, and display the standard license plate on the vehicle. In such cases, it will be necessary to surrender the Vintage Vehicle license plate, provided, the owner shall not receive a credit against the standard license plate for fees paid for the Vintage Vehicle license plate. Ad valorem taxes will begin accruing at the time that the standard license plates are obtained. (Authority: Sections 40-12-290 and 40-12-293 Code of Alabama, 1975) (Effective March 3, 1997.)

810-5-1-.216. Uses and Transferability of Special Tags Issued to Members of the Alabama Association of Rescue Squads, Inc..

(1) WHEREAS, Section 32-6-170 provides that special tags be issued to members of volunteer Rescue Squads who are member squads of the Alabama Association of Rescue Squads, Inc. and WHEREAS, the special tags are issued to the individual and not to the vehicle the following procedures are hereby adopted.

(2) The distinctive license plates issued under this division shall not be transferable as between motor vehicle owners, and in the event the owner of a vehicle bearing such plates shall be retained by the owner to whom issued and by him returned to the Judge of Probate or License Commissioner of the county who shall receive and account for same in the manner stated below. In the event such owner shall acquire by purchase, trade, exchange or otherwise a vehicle for which no standard plates have been issued during the current license year, the Judge of Probate or License Commissioner of the county shall, upon being furnished by the owner thereof proper certification of the acquisition of such vehicle and the payment of the motor vehicle of the distinctive license plates previously purchased by such owner, which plates shall authorize the operation of said vehicle for the remainder of the then current license year. In the further event the owner of such distinctive plates shall acquire by purchase, trade, exchange or otherwise a vehicle for which standard plates have been issued during the current license year, the Judge of Probate or License Commissioner shall upon proper certification of such owner and upon delivery to such official of the standard plates previously issued for such vehicle, authorize the owner of such newly-acquired vehicle to place the distinctive plates previously purchased by him upon such vehicle and to use same thereon for the remainder of the then current license year. Such notice of transfer of ownership shall be made of record by the Judge of Probate or the License Commissioner.

(3) Any person acquiring by purchase, trade, exchange or otherwise any vehicle formerly bearing such distinctive plates shall be authorized, upon certification of such fact to the Judge of Probate or License Commissioner of the county and the payment of the fee now required by law, to purchase standard replacement plates for such vehicle which shall authorize the operation of such vehicle by the new owner for the remainder of the license year. (Adopted August 6, 1982) (Authority: §40-2-11, §32-6-172, §40-12-272)

810-5-1-.217. Uses and Transferability of Special Distinctive Tags Issued to Members of Shrine Motorcycle Clubs, Corps, or Units.

(1) WHEREAS, Section 32-6-190 provides that special tags be issued to Shrine motorcycle clubs, and corps and units and WHEREAS, the special tags are issued to the individual and not to the vehicle the following procedures are hereby adopted.

(2) The distinctive license plates issued under this division shall not be transferable as between motor vehicle owners, and in the event the owner of a vehicle bearing such distinctive plates shall sell, trade, exchange or otherwise dispose of same, such plates shall be retained by the owner to whom issued and by him returned to the Judge of Probate or License Commissioner of the county who shall receive and account for same in the manner stated below. In the event such owner shall acquire by purchase, trade, exchange or otherwise a vehicle for which no standard plates have been issued during the current license year, the Judge of Probate or License Commissioner of the county shall, upon being furnished by the owner thereof proper certification of the acquisition of such vehicle and the payment of the motor vehicle license tax due upon such vehicle, authorize the transfer to said vehicle of the distinctive license plates previously purchased by such owner, which plates shall authorize the operation of said vehicle for the remainder of the then current license year. In the further event the owner of such distinctive plates shall acquire by purchase, trade, exchange or otherwise a vehicle for which standard plates have been issued during the current license year, the Judge of Probate or License Commissioner shall upon proper certification of such owner and upon delivery to such official of the standard plates previously issued for such vehicle, authorize the owner of such newly-acquired vehicle to place the distinctive plates previously purchased by him upon such vehicle and to use same thereon for the remainder of the then current license year. Such notice of transfer of ownership shall be made of record by the Judge of Probate or the License Commissioner.

810-5-1-.218. Design and Transferability of Distinct License Tags Issued to Disabled Veterans.

(1) WHEREAS, Code of Alabama 1975, Section 40-12-244 and Section 40-12-254 provide for free tags to be issued to disabled veterans, and WHEREAS, Code of Alabama 1975, Section 32-6-130, provides for a distinctive tag to be issued to disabled veterans who meet the qualifications set forth under this section for a fee of $5.00, and

(2) WHEREAS, Act No. 81-933 of the First Special Session of the 1981 Alabama Legislature provides that all disabled veterans' tags be of a certain distinctive color, the following procedures are hereby adopted.

(3) Any disabled veteran tag issued under the provisions of any of the above referred to sections of the Code of Alabama 1975 shall be a distinctive tag manufactured in accordance with the provisions set forth in Act No. 81-933 which are; the left half of the tag will be red with the words "Disabled Veteran" printed thereon. The right half of the tag will be blue with the sequential numeral of the tag printed thereon, as prescribed by the Department of Revenue. All letters and numerals shall be white.

(4) Section 32-6-130 provides a distinctive tag to be issued to disabled veterans who are a resident of this state and who are suffering a physical disability which requires that any motor vehicle he operates be equipped with special mechanical control devices or whose physical disability exceeds 50 percent for a fee of $5.00. Additional distinctive tags may be purchased by the disabled veteran under this section by the payment of the $5.00 fee for each additional tag so desired.

(5) Under the provisions of Section 40-12-254 a disabled veteran who owns a vehicle, which has been all or partly paid for with funds furnished by the administrator of Veterans Affairs may obtain one free tag. or If a disabled veteran, who was an Alabama resident at the time of entering service, and who is still an Alabama resident at the time of applying for a free tag, and does not qualify under the provisions of Section 40-12-254, he may obtain one free tag under the provisions of Section 40-12-244.

(6) No disabled veteran shall be issued more than one free distinctive tag.

(7) The distinctive license plates issued under this division shall not be transferable as between motor vehicle owners, and in the event the owner of a vehicle bearing such distinctive plates shall sell, trade, exchange or otherwise dispose of same, such plates shall be retained by the owner to whom issued and by him returned to the Judge of Probate or License Commissioner of the county who shall receive and account of same in the manner stated below. In the event such owner shall acquire by purchase, trade, exchange or otherwise a vehicle for which no standard plates have been issued during the current license year, the Judge of Probate or License Commissioner of the county shall, upon being furnished by the owner thereof proper certification of the acquisition of such vehicle and the payment of the motor vehicle license tax due upon such vehicle, authorize the transfer to said vehicle of the distinctive license plates previously purchased by such owner, which plates shall authorize the operation of said vehicle for the remainder of the then current license year. In the further event the owner of such distinctive plates shall acquire by purchase, trade, exchange or otherwise a vehicle for which standard plates have been issued during the current license year, the Judge of Probate or License Commissioner shall upon proper certification of such owner and upon delivery to such official of the standard plates previously issued for such vehicle, authorize the owner of such newly-acquired vehicle and to use same thereon for the remainder of the then current license year. Such notice of transfer of ownership shall be made of record by the Judge of Probate or the License Commissioner.

(8) Any person acquiring by purchase, trade, exchange or otherwise any vehicle formerly bearing such distinctive plates shall be authorized, upon certification of such fact to the Judge of Probate or License Commissioner of the county and the payment of the fee now required by law, to purchase standard replacement plates for such vehicle which shall authorize the operation of such vehicle by the new owner for the remainder of the license year. (Adopted August 10, 1982) (Authority: §40-2-11, §32-6-131, §40-12-272)

810-5-1-.219. Design, Placement and Proper Use of Monthly and Annual Decals.

(1) Section 32-6-60, Code of Alabama, 1975, (as amended) provides for a tab, disc or other device suitable for attaching to said motor vehicle tags or license plates and shall be issued upon the payment of the annual license tax and the satisfaction of all other registration requirements as prescribed by law.

(2) After the requirements for registration have been met, the Department of Revenue shall issue either one or two decals to be affixed to a license plate which was required to be revalidated by decal(s). The decal(s) will indicate the month assigned for registration and the validation year.

(3) In order for the Department of Revenue to be uniform in the implementation and administration of Section 32-6-61 of the Code of Alabama 1975, all apportioned license plates which are issued "single" decals shall have the decal affixed to the right decal pocket of the license plate. All other license plates which are required to be revalidated by decals shall have their assigned "month" decal affixed to the left decal pocket and their assigned "year" decal affixed to the right decal pocket. (Adopted September 21, 1994) (Authority: §§40-2-11 and 32-6-65, Code of Alabama, 1975)

810-5-1-.220. Medal of Honor Winners and Prisoners of War Distinctive Tags, Replacement of.

(1) WHEREAS, Act No. 81-699 of the 1981 Regular Session of the Alabama Legislature, and Act No. 82-571 of the 1982 Regular Session of the Alabama Legislature provides a free and distinctive license plate to residents of Alabama who are Medal of Honor recipients and to residents of Alabama who were former Prisoners of War, and

(2) WHEREAS, these distinctive license plates are provided to the recipients for life, the following procedure is hereby adopted.

(a) In the event a recipient has a license plate, which becomes mutilated to the extent that it loses its identity, the Department of Revenue shall have a replacement license plate manufactured identical to the license plate so mutilated and forward to same to the Probate Judge or other county official of the recipient's county of residence, who is authorized by law to issue license plates. The recipient will then surrender the mutilated tag to the issuing authority who will, upon receipt of same, issue the replacement tag to the recipient. The issuing authority will forward the mutilated tag to the Revenue Department, Motor Vehicle and License Tax Division, for destruction. (Adopted August 10, 1982) (Authority: §40-2-11, §32-6-255)

810-5-1-.222. Distinctive License Plates Issued to the Licensee Not Transferable Unless Plate is Qualified Distinctive Type.

(1) "The Alabama Uniform Certificate of Title and Antitheft Act", within Sections 32-8-48 and 32-8-87, Code of Alabama, 1975, (as amended), requires the surrender of the motor vehicle license plates on vehicles to be scrapped, dismantled or destroyed by an owner or on motor vehicles declared to be a "total loss" as defined in Section 32-8-87.

(2) These sections of law do not apply to "distinctive" motor vehicle license plates considered by law and by the Department of Revenue to be issued to the person by special qualifications, which license plates are not transferrable between persons.

(3) The distinctive license plates issued to the owner and not to the motor vehicle which has been scrapped, dismantled, destroyed or declared a total loss shall be removed by the person to whom it was issued and, subsequently, delivered to the Probate Judge or other county official authorized and required by law to issue license plates. The licensing official shall re-assign this license plate to a replacement motor vehicle upon payment of applicable fees. (Adopted August 10, 1982) (Authority: §§40-2-11, 40-12-272, 32-8-3(a)(2))

810-5-1-.223. Off-the-Road Equipment - Definitions and Exemptions.

(1) WHEREAS, Section 40-12-240, sub-section 19, Code of Alabama 1975, defines the term "truck" as every self-propelled motor vehicle designed and used primarily for the transportation of property in or upon its own structure, every self-propelled motor vehicle of the types known as "campers" and "house cars" and every vehicle of the type commonly called a wrecker, which is used to move disabled motor vehicles for repair, storage and other purposes, and

(2) WHEREAS, Section 40-12-251, Code of Alabama 1975, "motor tractors" provides for each motor tractor used on the highways of this state there shall be paid a license or privilege tax of $100.00; provided, however, that this license shall not be collected for a tractor when run on a highway to be transferred from one point to another for use on a farm with or without a "small trailer" or with or without a "semi-trailer," or when used on the highway for transferring what is commonly known as a "portable sawmill" or a "well-boring outfit," or when used on the highway by a farmer for the purpose of transporting to and from his farm farm products or products to be used on his farm, and

(3) WHEREAS, there are continuing questions arising as to what constitutes what is commonly referred to as "off-the-road equipment" the following regulation is hereby adopted.

(4) In addition to those exemptions contained in Section 40-12-251 the term "off-the-road equipment" shall include machines occasionally moved on highways from one job site to another, but not designed to transport property over the highways, and are not subject to the requirements for licensing as a motor vehicle. (Ref. Attorney General Opinion December 2, 1974 "Off the Road Vehicles") (Adopted August 11, 1982) (Authority: §§40-2-11, 40-12-272)

810-5-1-.224. Fee Requirement for Certain Special Tags.

(1) WHEREAS, certain tags are issued to individuals free of the regular tag fees, and WHEREAS, some of these individuals desire to purchase "special" tags (Example; Amateur Radio, Personalized, etc.), which tags required an additional fee, the following procedure is hereby adopted.

(2) Any individual, who is entitled to the free regular tag fees for passenger cars and pickups up to 8,000 pounds, who wishes to purchase a "special" tag may do so by paying the additional fee required under the specific section providing for such tag, if purchased on an annual basis (Example: $3.00 for the Amateur tag or $50.00 for the Prestige tag).

(3) If purchased on a monthly declining basis, only the appropriate number of months fees shall be credited and collected to license the individual's vehicle to his month of renewal. (Adopted August 12, 1982) (Authority: §§40-2-11, 40-12-272, 32-6-71, 32-6-91, 32-6-131, 32-6-218)

810-5-1-.225 Handicapped Parking Privileges - Evidence of Qualifications and Enforcement Procedures.

(1) Handicap Parking Credentials. Evidence of qualification shall be either a removable windshield placard or a temporary removable windshield placard as shown in 23CFR § 1235 (1991), or the handicap license plate as provided in Section 40-12-300, Code of Alabama 1975. The removable windshield placards or temporary removable windshield placards shall be designed in accordance with 23CFR § 1235.2 [d] and [e].

(2) Credentials issued prior to January 1, 1997. The handicap decal issued in accordance with the provisions of Section 32-6-230, et seq., Code of Alabama 1975, shall not be issued after December 31, 1996, and shall not be recognized as a valid handicapped parking credential after December 1, 1997. Also, any handicap license plate issued under the provisions of Section 40-12-300, et seq., prior to January 1, 1997, shall not be revalidated on or after January 1, 1997. Furthermore, any handicap placard or handicap license plate issued prior to January 1, 1997, becomes null and void after December 1, 1997. Any decal issued by a military installation, municipal government, or eleemosynary institution shall not be recognized as a valid handicap parking credential.

(3) Re-issuance of Handicap Parking Credentials. Effective January 1, 1997, county license plate issuing officials shall accept completed applications (Form MVR:32-6-230-"Application for Handicapped Parking Privileges") from persons with disabilities (and from organizations transporting persons with disabilities - see paragraph (10) below) for handicap license plates and/or removable windshield placards or temporary removable windshield placards. Counties will no longer accept Form MVR:81-695 as their authority to issue handicapped parking credentials. Upon presentation of the Application, the issuing authority shall verify that the Application has been properly completed (see paragraph (4) below) by the person with disabilities and by the Physician. When issuing removable windshield placards, the issuing authority shall indicate in the designated space the number shown on the placard, or the handicap license plate number, or both, and the fees collected. The fee shall be $1.25 per removable windshield placard issued.

(4) Qualifications to receive Handicap Parking Credentials. To qualify for handicap credentials, the person with disabilities (or their legal guardian) must have the following portions of the Application (Form MVR:32-6-230) completed:

(a) Name of the person with disabilities,

(b) Street and mailing address of the person with disabilities,

(d) Designation of the type(s) of handicapped parking credentials requested,

(e) The signature of the person with disabilities (or of their legal guardian) and date signed.

Furthermore, the "Physician's Certification" portion of the Application must be completed prior to the presentation of the Application to the county license plate issuing official. The physician shall:

1. Certify if the disability is long-term or a temporary disability,

2. If a temporary disability, the physician shall specify the length of the disability (not to exceed six months),

3. The physician shall provide his/her telephone number, and give his/her city, and state where licensed,

4. The physician shall check the disability or disabilities in the "Requirements" portion of the Application to indicate which criteria the person with disabilities is qualified under the federal regulations to receive handicap parking credentials. In signing the Application the physician shall certify that the person with disabilities meets the criteria shown under 23CFR §1235.2[b](1991); to wit, "Persons with disabilities which limit or impair their ability to walk means persons who, as determined by a license physician:

(i) Cannot walk two hundred feet without stopping to rest; or

(ii) Cannot walk without the use of or assistance from a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or

(iii) Are restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest; or

(iv) Use portable oxygen; or

(v) Have a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or

(vi) Are severely limited in their ability to walk due to an arthritic, neurological, or orthopedic condition."

(5) Display of Placards. The placards issued prior to January 1, 1997 should be displayed in the right rear window of the vehicle visible to the street where possible and if not possible, displayed on the front dash of the vehicle and visible to the street, if possible. Removable windshield placards issued beginning, January 1, 1997, shall "be displayed in such a manner that it may be viewed from the front and rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, the placard shall be displayed on the dashboard." {23CFR §1235.4[c](1991)} It is NOT required that a motor vehicle being used by a person with disabilities display both the handicap license plate and the placard.

(6) Additional placards. Many persons with disabilities, as defined under 23CFR §1235.2[b] (1991) (see paragraph (4)(e)4. above), do not own a motor vehicle; therefore, in accordance with 23CFR §1235.4[a] (1991), such individuals may request one (1) additional removable windshield placard [note that this extra placard is applicable only to persons with disabilities that do not have the distinctive handicap license plate(s)].

(7) When credentials may be used. A motor vehicle may be parked in a handicap parking space only when the vehicle is then being used to transport or is being operated by, the person with disabilities to whom the handicap license plate and/or placard was issued; provided, that an organization qualified under paragraph (10) of this rule, and displaying the distinctive handicap license plate may also park in a designated handicap parking space when being used to transport persons with disabilities.

(8) "Temporarily handicapped individual" defined - Physician determination of length of issuance. In accordance with 23CFR §1235.5[b] (1991), the definition of "temporarily handicapped individual" found in Section 32-6-230 shall not be used, and the following definition shall be used: any person having a temporary (for a period up to six months) disability as defined in 23CFR §1235.2[b] (1991) (see paragraph (4)(e)4. above). The licensed physician shall, on the Form MVR: 32-6-230 - "Application for Handicapped Parking Privileges," provide the beginning and ending dates for the temporary removable windshield placard to be valid, not to exceed six months from the date of issuance. The county license plate issuing official shall exercise care in issuing the temporary removable windshield placard as to not issue a temporary removable placard valid for a period of time exceeding that authorized by the licensed physician as shown on the "Application for Handicapped Parking Privileges."

(9) Periodic Renewal of Removable Windshield Placards. Removable windshield placards and handicap license plates issued under the provisions of this regulation shall, in accordance with 23CFR §1235.4[a] (1991), be subject to "periodic renewal," which is to be based on the five (5) year renewal cycle for standard passenger/pickup truck license plates as provided under Section 32-6-61, Code of Alabama 1975. For example, any person with disabilities whose first letter of their last name begins with the letters "A" or "D" will be issued a placard expiring in the same designated renewal month that the following five year passenger series will be issued (such as January 2002 in this example).

(10) Recertification. Upon expiration, the person with disabilities would be required to reapply by obtaining a completed "Recertification for Handicapped Parking Privileges" (Form MVR: 32-6-230 [A], signed by the person with disabilities to whom the previous removable windshield placard was issued, which is to be provided to the county license plate issuing official before a new removable windshield placard, or handicap license plate shall be issued. However, the Commissioner may elect to require all persons with disabilities to be recertified by a licensed physician (using Form MVR:32-6-230) before handicapped parking credentials may be re-issued.

(11) Fee for Issuance of Removable Windshield Placards/Replacement Placards. The county license plate issuing official shall charge the $1.25 issuance fee provided by law for issuing motor vehicle license plates/revalidation decals when issuing the removable windshield placard or temporary removable windshield placard, which fee shall be retained by the county and deposited into the county treasury. In the event that the placard is lost or stolen, or becomes mutilated, a replacement placard may be issued upon application to the county license plate issuing official, and completion of the replacement placard affidavit on the reverse of the "Application for Handicapped Parking Privileges" and payment of the appropriate issuance fee.

(12) Issuance procedures/maintenance of Application Forms. In issuing the removable windshield placards, the counties shall record on Form #MVR:32-6-230 the issued placard number. This form shall be maintained by the issuing official for audit by the Examiners of Public Accounts, and in order to provide information to law enforcement agencies inquiring as to whom the placard was issued; also, the form must be maintained to be compared with Form #32-6-230(A) when re-issuing handicap parking credentials. Likewise, when re-issuing the removable windshield placard(s) or the handicap license plates, the counties shall record on Form #MVR:32-6-230[A] the newly issued placard number. Counties are to file these forms in placard number sequence in order to be able to advise law enforcement officials as to whom a specific placard was issued.

(13) Manufacturing Fee. In accordance with 23CFR §1235.3[c] (1991) county license plate issuing officials shall not collect the $3.00 additional manufacturing fee authorized under Section 40-12-300 when issuing the handicap license plates.

(14) Handicap Reciprocity. In accordance with 23CFR §1235.8 (1991) Alabama "shall recognize removable windshield placards, temporary removable windshield placards and special license plates which have been issued by issuing authorities of other states and countries, for the purpose of identifying vehicles permitted to utilize parking spaces reserved for persons with disabilities which limit or impair their ability to walk" for any person with disabilities who is temporarily in this state and who is not required to obtain Alabama license plates.

(15) Misuse of Handicapped Parking Privileges. Anyone parking in handicapped parking spaces with expired removable windshield placards, expired temporary removable windshield placards, or expired handicap license plates, or otherwise violating the Alabama handicap parking laws as provided under Section 32-6-233, shall, upon conviction, be guilty of a Class B misdemeanor as provided in Section 32-6-233, Code of Alabama 1975.

(16) Obtaining of Handicap License Plates by Organizations or Governmental Entities. 23CFR §1235.3[b] (1991) reads that, "Upon application of an organization, each state shall issue special license plates for the vehicle registered in the applicant's name if the vehicle is primarily used to transport persons with disabilities which limit or impair their ability to walk. The application shall include a certification by the applicant, under criteria to be determined by the state, that the vehicle is primarily used to transport persons with disabilities which limit or impair their ability to walk." Accordingly, effective January 1, 1997, the distinctive handicap license plates may be issued to nursing homes, commissions on aging, special schools for persons with disabilities, and similar organizations when an official of the organization certifies on the "Application for Handicapped Parking Privileges" under the "Organizations Only" portion that the vehicle is being primarily used to transport persons with disabilities (note that the "Physician's Certification" portion of the Application is NOT to be completed by the Organization). If county license plate issuing officials have reservations regarding the issuance of handicap license plates to an organization, the official may request, in writing, from the organization a description of the mission, purposes, etc. of the organization, and how the vehicle is to be, or is being used. Such organizations may recertify upon expiration of the handicap license plates by completing Form MVR: 32-6-230(A). If the organization is a state, county or municipal governmental entity, which requires governmental license plates under the provisions of Section 40-12-250, Code of Alabama 1975, said governmental agency may request the Department of Revenue to issue governmental license plates containing the International Symbol of Access. Law enforcement agencies shall honor the parking privileges of these organizations displaying license plates with the International Symbol of Access issued pursuant to this section, unless it is determined that the vehicles displaying the handicap license plates are not being properly used.

(17) Handicap Motorcycle License Plates. Any person with disabilities who owns and operates a motorcycle may choose to secure a distinctive handicap motorcycle license plate for his motorcycle(s). The plate shall contain the International Symbol of Access in accordance with the federal regulations. As with standard handicap license plates, the registrant shall pay standard registration fees. Anyone qualifying under provisions of this regulation for handicap parking credentials may surrender their current and valid standard motorcycle license plate in favor of the handicap motorcycle license plate.

(18) License Physician Defined. The term "licensed physician" as used in this regulation shall be deemed to mean a doctor of medicine or a doctor of osteopathy licensed to practice medicine or a person employed by the U.S. government as a doctor of medicine or doctor of osteopathy to practice medicine. (Authority: §40-2A-7(a)(5), Code of Alabama 1975) (Amended September 17, 1997, effective date October 22, 1997.)

810-5-1-.226. Department Requirements for Accurate Registration Information.

(1) WHEREAS, the Department of Revenue, Motor Vehicle and License Tax Division, is required by law to maintain accurate motor vehicle registration records by license tag number, and WHEREAS, the uniform registration and transfer receipts received from the counties are being altered in the space for current year tag number to include letters, numbers and information other than the actual current tag number.

(2) This information causes confusion and problems for data entry operators and causes erroneous letters and numbers to be entered into the computer network resulting in the inability for the Revenue Department, law enforcement officers and others to retrieve information from the actual tag number which appears on a motor vehicle; therefore, the following procedures are hereby adopted:

(a) REGULAR PLATES - All motor vehicle registration and transfer receipts for regular license plates shall not include any information in the space provided for current license number except the actual numbers and letters which appear on the tag. Also, there shall be no 0's or any other characters used for spacing. The current license number shall include no more nor no less information than the number appearing on the license plate.

(b) SPECIAL PLATES - All motor vehicle registration and transfer receipts for motor vehicles issued special license plates shall include a special prefix in the space for current year tag number for abbreviation purposes or to identify the special registration. These are as follows (special prefix underscored):

1. Antique Vehicle: AV, plus actual plate number

2. Consular Official: CON, plus actual plate number

3. Disabled Veterans: DV, plus actual plate number

4. National Guard, NG, plus actual plate number

5. Shrine Motorcycle: SHM, plus actual plate number

(c) All other special license plate numbers shall appear on the registration and transfer receipt in the space for current year tag number identical to the number as shown on the license plate. (Adopted August 17, 1982) (Authority: §§40-2-11, 40-12-272)

810-5-1-.227. The Issuance of Temporary License Tags/Registration Certificates by Dealers or Manufacturers of Mobile Homes, Trailer Coaches, Travel Trailers or House Trailers, and by Dealers Appointed by the Department of Revenue as Designated Agents (Other than Probate Judges).

(1) For the purposes of this regulation, each reference to "agent" shall apply to manufacturers or dealers of mobile homes, trailer coaches, travel trailers, or house trailers who have qualified under the provisions of Section 32-6-212 to issue temporary license tags and registration certificates in accordance with Act 79-817. Furthermore, the term "agent" shall include motor vehicle dealers who have been appointed as "designated agents" as defined in Section 32-8-2 who elect to issue temporary tags and registration certificates. For purposes of this regulation the term "agent" shall not include Probate Judges or License Commissioners.

(2) Each agent will obtain temporary tags and registration certificates from the Department of Revenue, Motor Vehicle Division. Agents shall remit a fee of $2.25 for each temporary tag requested.

(3) The Department, upon receipt of the remittance, shall forward the temporary tags to the agent. Furthermore, the Department will be responsible for the distribution of the portion of the $2.25 fee which accrues to the county where the temporary tag is issued.

(4) If an agent deems it necessary to void a temporary tag(s) a credit should be claimed when ordering subsequent temporary tags. All voided temporary tags and registration certificates for same shall be forwarded to the Department of Revenue, Motor Vehicle Division, by the close of business the next business day.

(5) If an agent should decide to cease the issuing of temporary tags, all unissued tags must be returned to the Department of Revenue, Motor Vehicle Division, and an application for refund for fees previously paid may be filed with the Department.

(6) The agent, upon issuing of a temporary tag, shall forward the original copy of the registration certificate to the Department of revenue, Motor Vehicle Division, by the close of business the next business day in accordance with Section 40-12-258, Code of Alabama 1975.

(7) Agents, in issuing temporary tags, shall print, in ink, complete information as to vehicle ownership, make, model, vehicle identification numbers and date of issuance. Any erasures or other alterations of the information required on a temporary tag or registration receipt will render it void, and of no value to the person or vehicle described thereon.

(8) Temporary tags are to be displayed by the purchaser in the rear window of the vehicle for which it was purchased. If secured for a commercial vehicle, the temporary tag is to be posted in a location conspicuous to law enforcement officers, for example, in the normal tag frame for a mobile home. (Alabama Dept. of Revenue Motor Vehicle Division, Robert B. McCain; adopted September 7, 1983; effective date October 14, 1983.) (Authority: §32-6-218)

810-5-1-.227.03. Dealer/Manufacturer License Plate Violations, Penalties.

(1) Any person who willfully uses a dealer or manufacturer license plate in violation of subsection "1" of Section 40-12-264, Code of Alabama 1975, as amended, shall be subject to an Alabama Department of Revenue imposed penalty of not less than one hundred dollars ($100), and not more than three hundred dollars ($300) for each violation.

(2) Violations of the use of dealer and manufacturer license plates include, but are not limited to the following:

(a) Use of dealer or manufacturer license plates on rental or lease vehicles.

(b) Use of dealer or manufacturer license plates on tow trucks and wreckers.

(d) Use of dealer license plates on vehicles which are not in the vehicle inventory of the dealership, or that are not being used in a high school driver education program.

(e) Use of the dealer or manufacturer license plates on vehicles not owned by the dealer/manufacturer (including vehicles previously sold by the dealership/manufacturer); provided, that a dealer license plate may be used on a vehicle in cases where the vehicle owner enters into a consignment sales contract with the dealer.

(3) This penalty shall be applied so that it increases in severity with second and third offenses. For the first offense, the penalty shall be $100. For the second offense, the penalty shall be $200. For the third offense, the penalty shall be $300. For the fourth and subsequent offenses the penalty shall be $300.

(4) Anyone to whom the Department levies a penalty under this section may appeal the levy to the Administrative Law Division as provided under Section 40-2A-9. (Auhority: Section 40-12-264, Code of Alabama 1975) (Adopted November 4, 1997)

810-5-1-.227.04. Memorandum of Understanding Between the Department of Human Resources and the Department of Revenue.

(1) The Department of Revenue may allow access into the Department's motor vehicle registration and certificate of title databases to the Alabama Department of Human Resources. The purpose of this access is limited to assisting the Department of Human Resources in carrying out its functions in regard to the Food Stamp, Family Assistance, Medicaid for Low Income Families, and Child Support Enforcement programs.

(2) The Department of Human Resources agrees to be responsible for the access and dissemination of data by personnel within its department. The Department of Human Resources agrees to require its personnel to sign a Disclosure Statement acknowledging that the use of the data is to be confined solely to the legitimate administration of its programs. Personnel within the Department of Human Resources are to be advised that use of such data for other purposes could be a violation of the federal Driver's Privacy Protection Act; also, that the improper use of the information could constitute a violation of the Alabama Computer Crime Act. (Authority: Section 40-2A-7(a)(5), Code of Alabama 1975) (Adopted through APA effective February 9, 2000.)

810-5-1-.227.05. Financial Institutions Issuance of Temporary License Tags/Registration Certificates.

(1) The Department of Revenue may, pursuant to Section 32-8-34, Code of Alabama 1975, elect to appoint financial institutions located within this state as designated agents to issue Temporary License Tags/Registration Certificates.

(2) Financial institutions authorized as designated agents to issue temporary licenses may use the Temporary License Tags/Registration Certificates only on the authorized financial institution's repossessed motor vehicles. Proper use of such tags would be to allow potential purchasers of these vehicles to test-drive or otherwise demonstrate to their satisfaction the suitability of the authorized financial institution's repossessed motor vehicles. Moreover, the financial institutions may use the temporary tags to move repossessed vehicles to repair locations, or to different locations for the purpose of selling the vehicles (such as to a motor vehicle dealer or auto auction).

(3) The temporary license tag may be issued for any type motor vehicle; however, if the vehicle is a truck or truck tractor, and if the vehicle has a gross weight exceeding twelve thousand pounds, the financial institution shall affix the notation "UNLADEN WEIGHT ONLY."

(4) The qualified financial institution may only obtain temporary license tags and temporary tag receipts from the Department of Revenue, Motor Vehicle Division. The financial institution shall remit a fee of $2.25 for each temporary license tag requested.

(5) The qualified financial institution in issuing a temporary license tag/registration certificate, shall print, in ink, on the temporary tag itself in the format prescribed by the Department of Revenue the following: expiration date, vehicle ownership, make, year, vehicle identification number, model or type, issuing official's signature and name and date of issuance. Any erasures or other alterations of the information required on a temporary license tag will render the document void, and of no value to the person or vehicle described thereon.

(6) In the event a qualified financial institution considers it necessary to void a temporary tag(s), a credit may be claimed when ordering subsequent temporary tags. All voided temporary tags and registration certificates must be forwarded to the Department of Revenue, Motor Vehicle Division, by the close of business the following business day.

(7) In the event a qualified financial institution ceases the issuance of temporary tags, all unused tags and temporary tag receipts must be returned to the Department of Revenue, Motor Vehicle Division, and a refund may be obtained for fees previously paid by filing an application with the Department.

(8) A temporary tag must be displayed in the rear window of any passenger vehicle for which it was acquired. If obtained for a vehicle lacking a rear window, then the temporary tag must be posted in a location conspicuous to law enforcement officers.

(9) The qualified financial institution, in issuing the temporary tag, must print the following information on the Temporary Tag Receipt, Form MVR: 32-6-211: the temporary tag number, the vehicle owner and the owner's address, the vehicle make, vehicle identification number, model year, type vehicle, date issued, the financial institution's name and by whom the tag and receipt were issued. Any erasures or other alterations of the required information on the Temporary Tag Receipt will render the document void, and of no value to the person or vehicle described thereon.

(10) The original (registrant's) part of the completed Temporary Tag Receipt, Form MVR: 32-6-211, shall be retained within the motor vehicle to which the temporary tag was issued for the 20 day time period that the temporary tag is valid.

(11) The financial institution after issuing a temporary tag, must forward the second part (Department's) of the completed Temporary Tag Receipt, Form MVR: 32-6-211, to the Department of Revenue, Motor Vehicle Division, not later than the 10th day of the month succeeding the month the registration was issued as is provided in Section 40-12-260(a)(4)(b), Code of Alabama 1975. The third (designated agent's) part of the receipt is to be retained by the financial institution for audit purposes.

(12) Section 32-6-214, Code of Alabama 1975, provides that each temporary license tag is valid 20 days from the day of issue and must be used only on the vehicle for which issued and no temporary license tag shall be renewed nor shall successive temporary license tags be issued in connection with the same vehicle. (Authority: Sections 40-2A-7(a)(5) and 32-6-218, Code of Alabama 1975) (Adopted through APA effective December 15, 1999.)

810-5-1-.227.06 Memorandum of Understanding Between the Alabama Emergency Management Agency and the Department of Revenue.

(1) The Department of Revenue may allow access into the Department's motor vehicle registration and certificate of title databases to the Alabama Emergency Management Agency. The purpose of this access is limited to assisting the Emergency Management Agency in carrying out its functions in regard to processing disaster applications under the Individual and Family Grant Program.

(2) The Emergency Management Agency agrees to be responsible for the access and dissemination of data by personnel within its agency. The Emergency Management Agency agrees to require its personnel to sign a Disclosure Statement acknowledging that the use of the data is to be confined solely to the legitimate administration of its programs. Personnel within the Emergency Management Agency are to be advised that use of such data for other purposes could be a violation of the federal Driver's Privacy Protection Act; also, that the improper use of the information could constitute a violation of the Alabama Computer Crime Act. (Authority: Section 40-2A-7(a)(5) (History: Adopted through APA effective September 19, 2000)

810-5-1-.227.07 Memorandum of Understanding Between the Alabama Department of Environmental Management and the Alabama Department of Revenue.

(1) The Alabama Department of Revenue (ADOR) may allow access into the ADOR’s motor vehicle registration and certificate of title database to the Alabama Department of Environmental Management (ADEM). The purpose of this access is limited to determining identity and ownership of vehicles observed during surveillance of illegal dumps within the State of Alabama.

(2) ADOR may allow access to the ADOR scrap tire environmental fee registration database to ADEM. The purpose of this access is for ADEM to determine compliance by tire dealers and retailers with the Alabama Scrap Tire Environmental Quality Act.

(3) ADEM agrees to be responsible for the access and dissemination of data by personnel within its agency. ADEM agrees to require its personnel with access to motor vehicle registration and certificate of title data or to the scrap tire environmental fee registration data to sign a “Non-Employee Confidentiality and Disclosure Statement” (Form COM-103) acknowledging that the use of the data is confined solely to the legitimate administration of its programs. These disclosure documents must be on file with the ADOR and a copy must be with the employee’s personnel folder kept by ADEM. For the purposes of this rule, the word “personnel” shall be deemed to include employees of ADEM, vendors, contractors, subcontractors, and anyone with access to the data supplied by the ADOR.

(4) ADEM agrees to inform ADEM personnel with access to motor vehicle registration and certificate of title data provided pursuant to this memorandum of understanding that use or allowing the use of this data for reasons/uses other than the purpose(s) adopted in this MOU could be in violation of the Federal Driver’s Privacy Protection Act, and could subject ADEM to federal sanctions. ADEM further agrees to inform personnel that anyone whose personal information is improperly released, or anyone who is injured due to the improper release of personal information contained within the motor vehicle registration or certificate of title databases, may bring a civil action in a U.S. District Court against the person and/or entity that wrongfully released the information.

(5) ADEM, in entering into this memorandum of understanding, agrees that if ADEM personnel release information contrary to the Federal Driver’s Privacy Protection Act, such improper release shall be the responsibility of the person wrongfully releasing the data, with ADOR not responsible for the consequences of this improper action.

(6) ADEM shall advise ADEM personnel that the improper use of the information could constitute a violation of the Alabama Computer Crime Act and/or the provisions of Section 40-2A-10, Code of Alabama 1975.

(7) ADEM further agrees to provide the names of the individual(s) granted access to data pursuant to this agreement, and to promptly update the Department when there are additions or deletions to this listing of authorized individuals.

ADOR shall establish security standards for the data received by ADEM pursuant to the memorandum of understanding, which may include the audit of the receiving agency to ensure that the information is being properly secured.

Authority: Sections 40-2A-7(a)(5), Code of Alabama 1975. History: New rule: Filed January 6, 2004, effective February 10, 2004.

810-5-1-.228. The Issuance of Temporary License Tags/Registration Certificates by the Judge of Probate or Other County Official Authorized to Issue Motor Vehicle License Tags.

(1) For the purposes of this regulation "Judge of Probate" shall be deemed to include any county official authorized and required by law to issue motor vehicle license tags.

(2) Each Judge of Probate, upon request to the Department of Revenue, Motor Vehicle Division, shall be shipped a supply of temporary tags and registration certificates for issuance in accordance with the provisions of Act 79-817.

(3) Judges of Probate are not required to pay for temporary tags in advance, but are to remit the sum of $1.50 for each temporary tag issued to the Department of Revenue, Motor Vehicle Division. The balance of the $2.25 fee collected for each temporary tag is to be distributed in accordance with the provisions of Section 32-6-215.

(4) Under the provisions of Section 32-6-213, Code of Alabama 1975, Judges of Probate are authorized "to issue a temporary license tag and a temporary registration certificate to the owner of a motor vehicle to be licensed in this state when, due to circumstances, a permanent license tag cannot immediately be issued or when, in the judgement of the Probate Judge ... just cause exists for the issuance of such temporary license tag and registration certificate." With regard to this section, "just cause" has been determined by the Commissioner of Revenue to exist in -- but not limited to -- the following instances:

(a) when the purchaser of a motor vehicle does not receive from the selling individual, dealer, or firm the certificate of title or other documents necessary for application for title or for proof of ownership;

(b) when the seller of a motor vehicle delays in furnishing the buyer with an application for title.

(5) "Just cause" according to Section 32-6-213 does not exist when, in the judgement of the Judge of Probate, the applicant for temporary registration is resorting to that measure in an effort to avoid remission of regular registration fees, casual sales tax, or ad valorem tax in full.

(6) On temporary registration receipts issued for trucks or truck tractors weighing twelve thousand and one (12,001) pounds or more, Judges of Probate shall affix the notation "UNLADEN WEIGHT ONLY." Law enforcement agencies shall consider the operation of a truck or truck tractor with a temporary Alabama license plate/registration at a weight exceeding the unladen (empty) weight of that truck or truck tractor plus the weight of the passengers and their personal luggage as operation without a valid license plate/registration; anyone convicted of such a violation shall be subject to sanctions under Section 32-6-219, Code of Alabama 1975.

(7) Each Judge of Probate, upon issuance of a temporary tag, shall forward the original copy of the registration certificate to the Department of Revenue, Motor Vehicle Division, "by the close of business the next business day" in accordance with Section 40-12-258, Code of Alabama 1975.

(8) Probate Judges will be held accountable for temporary tags and registration receipts assigned to and received by them. If any temporary tags assigned to and acknowledged as received by a Probate Judge are determined to be missing, the required registration fees for said tags must be remitted as required by Section 32-6-215.

(9) Probate Judges, in issuing temporary tags, shall print, in ink, complete information as to vehicle ownership, make, model, vehicle identification numbers and date of issuance. Any erasures or other alterations of the information required on a temporary tag or registration receipt will render it void, and of no value to the person or vehicle described thereon.

(10) Each temporary tag is to be displayed by its purchaser in the rear window of the vehicle for which it was purchased. If secured for a commercial vehicle, the temporary tag is to be posted in a location conspicuous to law enforcement officers, for example, in the normal tag frame for a mobile home.

(11) A Judge of Probate, in his/her discretion, may, at one time, issue up to three (3) temporary license plates to one vehicle owner/lessee for one motor vehicle. In so doing, the Probate Judge shall indicate the beginning and ending effective dates on each of the temporary license plates issued. (Adopted September 7, 1983, amended December 20, 1988, December 28, 1994) (Authority: §§32-6-56, 40-12-263, and 32-6-218, Code of Alabama 1975)

810-5-1-.228.01. Sending in Monthly Vehicle Reports.

(1) Section 40-12-269, Code of Alabama 1975 requires that the Probate Judge or other county licensing officials shall forward to the Department of Revenue "a certified list of all motor vehicle licenses issued by the Probate Judge during the then preceding month," and the Department of Revenue forwards the report received from the Probate Judge and other county license issuing officials to the State Highway Department.

(2) The State Highway Department is responsible for reviewing the reports and providing information to federal and state agencies contained within said reports.

(3) The monthly reports of motor vehicle licenses required to be sent to the Department of Revenue shall be sent by the appropriate officials to the State Highway Department and shall be considered the same as being received by the Department of Revenue. (Authority: §40-2-11, Code of Alabama 1975) (Adopted September 25, 1990)

810-5-1-.229. The Mutilation or Alteration of License Plates Discussed - Penalties Provided.

(1) Whereas, license plates serve as one of the primary methods of identifying vehicles and determining ownership by law enforcement officials, Whereas, Act 79-797, now codified as Section 32-6-64, Code of Alabama 1975, clearly shows legislative intent that Alabama license plates are to have the greatest visibility and legibility possible, and Whereas, the legislature has further shown its intent as demonstrated by Section 40-12-265, Code of Alabama 1975, as amended, that mutilated or altered license plates are not to be displayed on any motor vehicle. It is therefore ordered that the following be adopted under the authority of Section 40-2-11, Code of Alabama 1975.

(2) The terms "mutilation" or "alteration" as used in Section 40-12-265, Code of Alabama 1975, shall include, but shall not be limited to, the following: Any situation wherein an unauthorized type decal, sticker, patch or other device or impediment which would tend to block or obscure the license plate number or the revalidation decals or otherwise make the Alabama license plate or decal illegible.

(3) Any person operating a motor vehicle with a license plate or decal, that has been so mutilated or altered so as to be illegible as described in Section 2 of this Rule, is subject to the requirements and sanctions of Section 40-12-265(b), and must file with the probate judge or license commissioner of that person's county of residence an application setting forth the facts that the license plate or decal has been so mutilated or altered so as to be illegible, and after paying the appropriate fee, shall be issued a replacement license plate or decal. (Adopted July 15, 1984, effective August 24, 1984) (Authority: §§40-2-11, 32-6-64, 40-12-265)

810-5-1-.230. The Sale of License Plates for Truck Tractors Limited to Travel within 15 Miles of its Domiciled Corporate Limits.

(1) Whereas, Act No. 84-186 provides for the issuance of a license plate for truck-tractors operated by a certified motor carrier and used exclusively within 15 miles of the corporate city limits in which it is customarily domiciled, and

(2) Whereas, the Commissioner of Revenue is empowered by Section 40-2-11, Code of Alabama 1975, to supervise and control the administration of the various tax and license laws of the State of Alabama, and

(3) Whereas, it being the opinion of the Commissioner of Revenue that certain clarifying rules and regulations need to be adopted.

(4) Certified motor carriers may purchase a license plate, commonly called "a mule tag" and designated by an "XL" prefix, for truck-tractors or tractors to be operated exclusively within 15 miles of the incorporated municipality in which it is customarily domiciled.

(5) The 15 mile limit is determined by the city limits of the incorporated municipality in which the truck-tractor or tractor is domiciled and not the city limits of a contiguous incorporated municipality.

(6) When the truck-tractor or tractor is moved or transferred from an incorporated municipality located in one county to an incorporated municipality located in another county, the license plate of the former county must be surrendered to the new county of domicile.

(7) To avoid law enforcement actions, for a truck-tractor or tractor to be moved or relocated from the municipality presently based, the owner or lessee must carry in the cab of the vehicle, and present upon request of law enforcement an affidavit on a form supplied by the Department of Revenue. This affidavit is an authorization to move or relocate the truck-tractor or tractor outside the fifteen (15) mile limit, and will describe the vehicle, give the reason for the relocation, and is to be signed by a representative of the certificated carrier by whom the vehicle is owned or leased. The truck- tractor or truck-trailer combination must be unladen when transferred from one municipality to a new location. Upon relocation the owner or lessee must apply in the county of the new situs of the vehicle to the Judge of Probate or License Commissioner or other county official designated by law to register motor vehicles for the exchange of tags before the truck-tractor or tractor is placed into service.

(8) The Judge of Probate or other county official authorized to issue motor vehicle license tags will issue a replacement license plate bearing the county code number of the new county of domicile without charge except for the issuance fee provided for in Section 40-12-271, Code of Alabama 1975.

(9) The Judge of Probate or other county official authorized to issue motor vehicle license tags, upon issuance of such replacement tag, shall forward appropriate copies of the registration certificate to the Department of Revenue, Motor Vehicle Division, "by the close of business the next business day" in accordance with Section 40-12-258, Code of Alabama 1975. (Adopted as amended December 17, 1984; effective February 6, 1985.) (Authority: §40-2-11)

810-5-1-.231. Fee for Costs Incurred in Searching Registration Records and Providing Certified Copies of Registration Records.

(1) WHEREAS, the Motor Vehicle Division of the Department of Revenue receives requests daily for vehicle registration information from the general public from within and without this State; and

(2) WHEREAS, considerable employee work time, computer-usage time, and other expenses, including postage, are expended in searching and answering vehicle registration information requests; and

(3) WHEREAS, a cost effective study was conducted by the Information Systems Division of the Department of Revenue, and such study revealed that a charge of three dollars ($3.00) was a reasonable charge to reimburse the Department of Revenue for such cost incurred;

(4) IT IS THEREFORE ORDERED, that a fee of three dollars ($3.00) shall be charged for each application for registration status from vehicle registration records maintained in the Department of Revenue, Motor Vehicle Division. This fee is a per record fee and comprehensively covers the expenses of record searching, record certifying, and first class postage. Law enforcement agencies and other federal, state, county, and municipal agencies of all jurisdictions who reciprocate with information and/or assistance to the State Revenue Department shall be exempt from the payment of this fee.

(5) FURTHER, all persons who make application for registration records from the State Revenue Department's Motor Vehicle Division shall apply in writing with notarization of signature of applicant. Payment by certified funds should be submitted with the application for record status. (Alabama Department of Revenue; History: Filed June 10, 1987 with Legislative Reference Service.) (Authority: §40-2-11)

810-5-1-.232. The Issuance of Distinctive License Plates or Tags to United States Retired Military Persons.

(1) To qualify for the distinctive license plate(s) or tag(s), the applicant must have served in the Army, Navy, Marine Corps, Air Force or the Coast Guard a minimum of nineteen (19) years, six (6) months in active duty status. Provided, that anyone having met his active duty minimum requirement, shall qualify to receive the distinctive license plate(s) or tag(s) even if, the applicant is receiving or has received disability benefits, or has served in a military reserve component.

(2) In accordance with Act 89-858, retirees from the Alabama National Guard with a minimum of twenty (20) years service shall, beginning in January, 1990, qualify for the distinctive "United States Armed Forces Retired" license plate. To qualify, retirees must be residents of the State of Alabama, and must own, fully or partially, the private passenger vehicle (including station wagons and pick-up trucks and motor homes with gross weights not exceeding 8,000 pounds.

(3) A qualified applicant must present to the license plate issuing official a copy of his/her retirement papers. The issuing officials must accept Form DD214 from Army, Navy, Marine Corps. Air Force, or Coast Guard retirees when said form clearly reveals that the type of separation was either "retired" or "transferred" to fleet reserve. Said Form DD214 must reveal the minimum length of service as specified in Section 1 (above). Alabama National Guard retirees must present Form NGB22 revealing a minimum of twenty (20) years service. Retired reservists must furnish a copy of their retirement orders, if, however, these orders have been misplaced, the retiree may present his/her retired ID card and give an affidavit of military service revealing at least twenty (20) years service.

(4) County issuing officials, in issuing the distinctive "United States Armed Forces Retired" license plate, shall provide the registrant a decal designating the branch of service of the retiree. Said decal, supplied by the Department of Corrections, shall be attached at the bottom center of the license plate between the bolt holes. Said decals shall be worded as follows: ARMY, NAVY, AIR FORCE, COAST GUARD, MARINES, NATIONAL GUARD, USCGR, USMCR, USAFR, USNR, USAR. (Authority: Act 87-729.)

810-5-1-.233. Proof Of Payment Of Federal Heavy Vehicle Use Tax.

(1) WHEREAS, it being the opinion of the Commissioner of Revenue that rules and regulations are needed to implement the provisions of Code of Ala. 1975, '32-6-58, as amended; and

(2) WHEREAS, officials of the U.S. Department of Transportation, Federal Highway Administration, have suggested that formal rules should be adopted to instruct license plate issuing officials as to their responsibility under 23 USC 141 (d), and under Code of Ala. 1975, '32-6-58.

(3) IT IS THEREFORE ORDERED that:

(a) The purpose of this regulation is to ascertain that the license issuing agencies have complied with federal regulations. The regulations require the State of Alabama to verify payment of the Federal Heavy Vehicle Use Tax (FHVUT) prior to issuing a registration for a vehicle with a declared gross weight or combined gross weight of 55,000 pounds or more.

(b) The license plate issuing agency will require the person seeking to register a truck or truck tractor to declare the gross weight of the vehicle (or vehicle combination). The declared gross weight must be within the weight brackets of the license plate being requested (for example, if the registrant is seeking to obtain an "X6" license plate, the declared gross weight must be between 55, 001 pounds and 64, 000 pounds)

(c) The license plate issuing agency will be responsible for insuring that the declared gross weight is shown on the Motor Vehicle Registration Tag and Tax receipt in the box entitled "Owners Declared Gross Weight not Over." The county license plate issuing official may require the initialing of the declared gross weight by the registrant.

(d) Prior to the issuance of a license plate for a truck or truck tractor with a declared gross weight of 55,000 pounds or more, the license plate issuing agency must receive acceptable proof (as defined below) of the payment of FHVUT for the current tax year for the vehicle(s) being registered. In the case where the FHVUT is not due because the tax is suspended, the license plate issuing official must receive proof that the vehicle owner has filed the required federal tax forms (Form #2290).

(e) In accordance with federal regulations issued under date of May 23, 1985, by the Internal Revenue Service, the following shall be acceptable as proof documents:

1. A Form 2290, Schedule 1, which has been receipted as received by the Internal Revenue Service. Such form must be for the current tax year, and must list the vehicle(s) for whom the tax has been paid (unless the taxpayer has paid the tax on more than twenty-one (21) vehicles or unless the tax is suspended on more than seven (7) vehicles). The vehicles are to be listed by vehicle identification number (VIN); if the registrant has failed to list the VIN(s) the registrant is permitted to give the issuing official a letter certifying that tax was paid for the vehicle(s) being registered. The issuing official shall retain both the receipted Schedule 1 and the letter as acceptable proof document.

2. If the Schedule 1 is not stamped as received by the Internal Revenue Service, a substitute proof of payment may be used. A photocopy of the signed Form 2290 (with the corresponding Schedule 1 attached) which was filed with the IRS and a photocopy of both sides of the cancelled check for the current year may be used. Memo copies of money orders, cashier's checks and the like are not acceptable. Showing only one side of the original check is not acceptable.

3. The Internal Revenue Service regulations provide that anyone seeking to register a truck or truck tractor purchased or acquired within a period of sixty (60) days of the date that registration is sought will not be required to provide proof of payment of FHVUT. However, proof of purchase or acquisition within the sixty (60) day period shall be required. Such proof shall include:

(i) A copy of the bill of sale.

(ii) A copy of the application for certificate of title, (or a copy of the actual title or replacement title).

(iii) A copy of a court order, divorce decree, or other legal document awarding ownership to the registrant.

(f) the Schedule 1 of the Form 2290 also has a section for vehicles for which the FHVUT is suspended. The liability for the FHVUT is suspended during a taxable period if it is reasonable to expect the vehicle will be used for 5000 or fewer miles on public highways. These vehicles must be shown on the Form 2290, Schedule 1. County license plate issuing officials must receive proof that the taxpayer has filed Form 2290 for any suspended vehicle; thus the required proof document is normally a receipted Schedule 1.

(g) If a vehicle is an agricultural vehicle the FHVUT is suspended up to 7,500 miles. However, a receipted Schedule 1 or other acceptable proof document must be received by the issuing official before the requested license plate may be issued.

(h) In order for the State of Alabama, Department of Revenue, to monitor compliance with the proof requirements, the Motor Vehicle Registration Tax and Tax receipts must be annotated to reflect that a proof document was received. The notation should be a sequence number that is written or stamped on both the Motor Vehicle Registration Tag and Tax Receipt and on the proof document.

(i) The proof of payment of the FHVUT must be retained for one (1) year in order to allow the Federal Highway Administration to verify that the State of Alabama is in compliance with the Rules and Regulations. Part 41, paragraph 6001-2. (Authority: Code of Ala. 1975, §32-6-58(b); Act 84-794.) (Adopted September 13, 1988; filed September 21, 1988)

810-5-1.233.01 Self-Propelled Cranes-Definitions and Exemptions.

(1) Code of Alabama 1975, Section 40-12-248 (a), provides: "For each truck or truck tractor using the public highways of this state annual license taxes and registration fees...shall be charged."

(2) Section 40-12-240 (24) defines a "truck" as follows: "Every self-propelled motor vehicle designed and used primarily for the transportation of property in or upon its own structure..."

(3) Section 40-12-240 (27) defines a vehicle as : "Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway..."

(4) A self-propelled crane is not considered to be a truck because:

(a) it is not designed and used primarily for the transportation of property in or upon its own structure.

(b) it is not designed for use on the public highways.

(5) Pursuant to the above mentioned sections of the Alabama Motor Vehicle License and Registration laws, self-propelled cranes are exempt from the registration requirements due to the fact that they are not motor vehicles designed and used primarily for the transportation of persons or property upon the highways.

(6) The following are some of the criteria which may be used to define a self-propelled crane:

(a) A self-propelled crane is a vehicle not designed or used primarily for the transportation of persons or property and is only incidently operated or moved over the highway.

(b) A self-propelled crane is designed to primarily perform the functions of lifting and lowering real or personal property.

(c) A self-propelled crane chassis has been specially designed and manufactured by the manufacturer, (or for the manufacturer), to serve solely as a mobile carriage and mount, (and a power source, where applicable), for the particular machinery or equipment attached.

(d) A self-propelled crane chassis cannot, without substantial structural modification, be used as a component of a vehicle designed to transport persons or property on the highway.

(7) A self-propelled crane is a vehicle specially designed for off-highway operation due to the following factors in the design of the vehicle:

(a) The vehicle’s inability to travel at posted highway speeds; and/or

(b) The vehicle is overweight, overheight, and/or overwidth for regular highway use, or requires a special permit and/or escort for highway use; and/or

(c) Any other relevant factor of the special vehicle design, such as the requirement of transportation on tracks, which substantially limits or impairs the use of such vehicle on the public roads and highways.

(8) Nothing in this rule should be considered as authority for exempting from registration truck mounted cranes, trucks with booms attached, or similar type vehicles. (Authority: Sections 40-2A-7(a)(5) and 32-6-218, Code of Alabama 1975 (History: New rule: Filed March 13, 2001, effective April 17, 2001)

810-5-1-.234. Transferring Personalized And Collegiate License Plates; Procedures For Issuance Of A Combined Personalized/Collegiate License Plate And Departmental Responsibilities Therein; Providing For Replacement Tags.

(1) A person to whom a personalized or collegiate license plate has been issued pursuant to ''32-6-150, et seq., may elect to surrender said license plate to the Judge of Probate or other license plate issuing official and request either a standard license plate or a distinctive license plate. The issuing official may reissue the surrendered license plate upon collecting the additional fee plus any standard fees due. The issuing official must inform the Department of Revenue by telephone of the reissuance.

(2) In the following type situations personalized or collegiate license plate registrants will not be required to pay the additional fee upon the transfer of the license plate:

(a) In situations where the vehicle is individually owned and the owner acquires a new vehicle which is to be titled:

1. both to the registrant and his/her spouse, or

2. which is titled in the name of the registrant and to another individual.

(b) In cases where there is joint ownership of a vehicle, and the ownership of that vehicle (or a newly acquired vehicle) changes to individual ownership by one of the original parties.

(c) In cases where a vehicle owner trades for another vehicle which is subsequently to be titled in the name of a business which is a single proprietorship owned by the original owner.

(3) The term "pleasure motor vehicle", as used in '32-6-150, as amended, and '32-6-130, as amended, shall include those type vehicles commonly known as "motor homes," but shall not include motorcycles or non-self-propelled vehicles.

(4) In accordance with Act 88-127, a four-year college or university electing to participate in the collegiate license plate program may authorize the Department of Revenue in writing to issue a combination personalized-collegiate license plate. This type of license plate, hereafter referred to as a prestige license plate, will be issued through the county license plate issuing officials upon payment of the additional fee provided under Act 88-127 or subsequent legislation.

(5) Those four-year colleges or universities authorizing the issuance of a prestige license plate will pay for the manufacturing costs of producing the prestige license plates as determined by the Board of Corrections as provided by Act 88-127. Subsequently the Department of Revenue will bill the participating schools on a monthly basis for the number of prestige license plates ordered to be manufactured.

(6) The maximum number of characters permitted on a personalized, collegiate or prestige license plate shall be seven (7), and may be further limited so that characters on a prestige license plate shall not obscure the approved design. Provided, however, that the Department of Revenue shall reject requests that will result in duplication of a personalized, collegiate or prestige license plate.

(7) Anyone who has either a personalized, collegiate or prestige license plate may elect to change to another personalized, collegiate or prestige license plate. If so, the registrant will be required to pay the additional fee as provided under '32-6-150, as amended, and surrender the current license plate if not expired.

(8) An Alabama resident may obtain a personalized or prestige license plate by:

(a) Making application for said plate through the Judge of Probate or other license plate issuing official of his/her county or residency.

(b) Obtaining approval by the Department of Revenue of the requested license plate.

(9) The county license plate issuing official will issue, without charge, a sixty (60) day temporary license plate which shall be displayed until the requested license plate is received.

(10) In the event a personalized, collegiate or prestige license plate is lost, stolen, or, becomes mutilated, the owner shall make application for replacement and pay the fee required by law for said replacement license plate. The Department of Revenue shall have manufactured a duplicate of the original for shipment to the registrant. In cases of mutilation, the original license plate must be surrendered to the county license plate issuing official. (Authority: Code of Ala. 1975, '32-6-151.) (Adopted effective March 29, 1989)

810-5-1-.235. Title Procedures - Defining "Junk" Vehicles.

(1) Section 32-8-87 (j) Code of Alabama 1975, as amended, prohibits the issuance of a certificate of title for any motor vehicle for which a "junk" certificate has been issued or for a vehicle which is sold "for parts only". Other States issue certificates which also reflect a salvage vehicle is non-rebuildable and vehicles which are declared non-rebuildable or parts cars or sold for parts are considered to be "junk".

(2) Any motor vehicle for which a certificate has been issued by any State with the notation of junk, parts car, parts only, non-rebuildable, or bills-of-sale issued for transfer of the vehicle which contain this information shall be considered to be a "junk" vehicle and shall not be titled in this State. (Authority: §32-8-3 and §32-8-87, Code of Alabama 1975) (Adopted September 25, 1990.)

810-5-1-.227.07 Memorandum of Understanding Between the Alabama Department of Environmental Management and the Alabama Department of Revenue.

(8) ADEM agrees to be responsible for the access and dissemination of data by personnel within its agency. ADEM agrees to require its personnel with access to motor vehicle registration and certificate of title data or to the scrap tire environmental fee registration data to sign a “Non-Employee Confidentiality and Disclosure Statement” (Form COM-103) acknowledging that the use of the data is confined solely to the legitimate administration of its programs. These disclosure documents must be on file with the ADOR and a copy must be with the employee’s personnel folder kept by ADEM. For the purposes of this rule, the word “personnel” shall be deemed to include employees of ADEM, vendors, contractors, subcontractors, and anyone with access to the data supplied by the ADOR.

(9) ADEM agrees to inform ADEM personnel with access to motor vehicle registration and certificate of title data provided pursuant to this memorandum of understanding that use or allowing the use of this data for reasons/uses other than the purpose(s) adopted in this MOU could be in violation of the Federal Driver’s Privacy Protection Act, and could subject ADEM to federal sanctions. ADEM further agrees to inform personnel that anyone whose personal information is improperly released, or anyone who is injured due to the improper release of personal information contained within the motor vehicle registration or certificate of title databases, may bring a civil action in a U.S. District Court against the person and/or entity that wrongfully released the information.

(10) ADEM, in entering into this memorandum of understanding, agrees that if ADEM personnel release information contrary to the Federal Driver’s Privacy Protection Act, such improper release shall be the responsibility of the person wrongfully releasing the data, with ADOR not responsible for the consequences of this improper action.

(11) ADEM shall advise ADEM personnel that the improper use of the information could constitute a violation of the Alabama Computer Crime Act and/or the provisions of Section 40-2A-10, Code of Alabama 1975.

(12) ADEM further agrees to provide the names of the individual(s) granted access to data pursuant to this agreement, and to promptly update the Department when there are additions or deletions to this listing of authorized individuals.

Authority: Sections 40-2A-7(a)(5), Code of Alabama 1975. History: New rule: Filed January 6, 2004, effective February 10, 2004.

810-5-1-.236 God Bless America Distinctive License Plates.

(1) Owners of private passenger vehicles, to include pickup trucks as defined in Section 32-8-2(14.1), Code of Alabama 1975, and motor homes regardless of weight, shall be entitled to purchase a God Bless America distinctive license plate. Registrants shall pay standard registration fees based on the type of vehicle and all applicable taxes, but no annual additional fee will be charged in accordance with Act 2006-571 unless the owner chooses to obtain a personalized God Bless America distinctive plate in accordance with Act 2008-554.

(2) Effective October 1, 2006, owners of motor vehicles may request pre-numbered God Bless America distinctive license plates.

(3) Motor vehicle owners may elect to obtain a God Bless America distinctive license plate, before the expiration of their current license plate, by surrendering their current passenger license plate to the county license plate issuing official and paying the issuance fee as provided for in Section 40-12-271, Code of Alabama 1975.

(4) Motor vehicle owners, whose God Bless America distinctive license plate has been mutilated, lost, or stolen, may receive a replacement license plate at the county license plate issuing official’s office for a fee as provided in Section 40-12-265(b), Code of Alabama 1975. If the plate has been mutilated, the license plate must be surrendered to the county license plate issuing official, prior to the replacement license plate being issued. The county official will retain the mutilated license plate for audit purposes.

(5) Act 2008-554 provides for personalized God Bless America distinctive license plates effective September 1, 2008.

(6) The personalized plates shall be processed in the same manner as personalized plates in Section 32-6-150, Code of Alabama 1975.

(7) Any registrant desiring to obtain a personalized God Bless America plate shall pay an annual additional fee of fifty dollars ($50) in addition to the standard registration fees associated with the vehicle type and all applicable taxes as allowed by law. The annual additional fee shall not be prorated.

(8) The Department of Revenue shall be responsible for the design of the God Bless America distinctive license plate.

(9) Owners of a motor bus which is owned by a church, private school, hospital, or other eleemosynary institution and used only for the purposes of such institution, may elect to secure the God Bless America distinctive license plate as provided for in Section 40-12-246(d), Code of Alabama 1975, upon payment of an annual registration fee of $13.00. (Authority: Sections 40-2A-7(a)(5), 32-6-610 and 32-6-611, Code of Alabama 1975) (History: New rule: Filed December 1, 2006, effective January 5, 2007; Amended: Filed February 5, 2009, effective March 12, 2009)

810-5-1-.237 Procedures for Issuing Provisional Registration Reinstatements.

(1) Alabama vehicle owners whose motor vehicle registrations has been suspended pursuant to the Code of Alabama 1975, Section 32-7A-3, may apply to have their vehicle registration reinstated to either the Alabama Department of Revenue (ADOR) or the vehicle owner’s county license plate issuing official. The vehicle owner shall be issued a Mandatory Liability Insurance (MLI) Provisional Registration Reinstatement (PRR) for his or her vehicle pending the confirmation of vehicle insurance coverage or evidence of vehicle liability insurance exemption; provided, that evidence of insurance coverage or proof of MLI insurance exemptions is collected along with the payment of any applicable reinstatement fee(s), by the county license plate issuing official or ADOR prior to the issuance of the PRR.

(2) The beginning effective date of the PRR will be the same date that the PRR document is issued. The PRR will be valid for a period of no more than 60 days.

(3) The following information and/or documents are required in order for a PRR to be issued:

(a) In cases where a vehicle owner affirms that the vehicle, for which the

registration has been suspended, had insurance with an Alabama-licensed insurance company on the ADOR specified insurance verification date, the owner must provide evidence of said insurance coverage for the insurance verification date that includes: the insurance company name; the insurance company NAIC number, if available; and the policy holder’s insurance policy/binder number. The insurance information shall be recorded on the PRR by the issuer.

(b) When a vehicle owner affirms that the vehicle with the suspended registration was stored or inoperable on the ADOR specified insurance verification date, the owner must complete and submit to the county license plate issuing official or the Department of Revenue, an affidavit of non use for the vehicle specifying the days that the vehicle was stored or inoperable. The vehicle owner’s signature must be notarized or witnessed by a representative of a county tag issuing office or ADOR.

(c) If a vehicle owner affirms that the vehicle with the suspended registration did not have liability insurance coverage on the ADOR specified insurance verification date and the vehicle does not qualify as an MLI exempt vehicle, as defined under Section 32-7A-5, Code of Alabama 1975, in addition to any required reinstatement fee(s), the vehicle owner must affirm that the vehicle is currently covered under a liability insurance policy with an Alabama-licensed insurance company and provide to the county license plate issuing official or ADOR: the insurance company name; the insurance company NAIC number, if available; and the policy holder’s insurance policy/binder number. The insurance information shall be recorded on the PRR by the issuer.

(4) Code of Alabama 1975, Section 32-7A-9(c) provides that county license plate issuing officials shall forward required documentation regarding registration reinstatements to ADOR no later than the next business day. ADOR will receive insurance information through electronic means on a daily basis. A copy of every MLI exempt PRR generated by the county license plate issuing official shall by forwarded by said official, by mail, to ADOR or ADOR’s designee by the tenth day of the month following the date the PRR was generated. Each MLI exempt PRR shall have attached to it, the prerequisite vehicle affidavit of non use and a coversheet as prescribed by ADOR.

(5) All reinstatement fees remitted by each county license plate issuing official shall be accompanied by a form prescribed by ADOR that lists the registrant and vehicle information associated with the reinstatement fee collected for each registrant.

(6) All reinstatement fees collected by each county license plate issuing official less 10% to be retained by the county as provided by Section 32-7A-9(f), Code of Alabama, 1975, shall be remitted to ADOR by the tenth day following the month that the reinstatement fees were collected. Funds are to be deposited directly to an ADOR designated account and the deposit slip for each deposit forwarded to ADOR, or the funds may be remitted by check to the ADOR.

(7) Alabama county license plate issuing officials are not authorized to issue consecutive PRRs for a motor vehicle, unless the preceding PRR for the vehicle has been voided due to clerical error and the replacement PRR is issued on the same business day as the original PRR.

(8) In cases where a county license plate issuing official has generated a PRR(s) in error for which reinstatement fees would normally be collected, a voided copy of the PRR(s) along with a brief explanation of the voided transaction(s) must be mailed or faxed to ADOR, or its designee, for processing no later than the close of the business day following the day that the PRR(s) was generated. (Authority: Sections 40-2A-7(a)(5) and 32-7A-3(b), Code of Alabama 1975) (History: New rule: Filed December 1, 2006, effective January 5, 2007).

810-5-1-.238 Provisional Registration Reinstatement Document.

(1) Vehicles with registrations suspended under Alabama’s Mandatory Liability Insurance Law, Code of Alabama 1975, Title 32, Chapter 7A, may under certain conditions qualify to be issued a Provisional Registration Reinstatement (PRR) document. Qualifying vehicle owners shall be issued a PRR pending confirmation of insurance coverage or Mandatory Liability Insurance (MLI) exemption status for the owner’s vehicle for the Alabama Department of Revenue (ADOR) specified date.

(2) A PRR document may be issued by ADOR or the owner’s Alabama county license plate issuing official.

(3) The PRR will be on a form and in the format prescribed by ADOR.

(4) The PRR document shall contain the following information:

(a) The PRR issue and expiration dates.

(b) Vehicle registrant’s name, address, and driver license number.

(d) Vehicle’s current Alabama license plate number.

(e) Vehicle insuring company’s name; NAIC number, if available; and address.

(f) Insurance policy holder’s binder number or policy number.

(g) For an MLI exempt vehicle, an explanation of the reason for the exemption.

(h) Issuing clerk’s ADOR assigned identification number.

(5) There is no fee for the PRR, provided, that any required reinstatement fee(s) for the vehicle must be collected before a PRR can be issued.

(6) A PRR is valid up to sixty (60) days pending confirmation of liability insurance coverage for the date specified by ADOR, provided, that if ADOR does not receive verification of insurance coverage for the specified date from the insurance company reported by the motor vehicle owner, the PRR shall be revoked by ADOR. Owners of vehicles for which a PRR has been revoked shall receive a written notice of the revocation, which shall be mailed by first class U.S. Postal Service, to the owner’s last known address. Vehicle operators that operate the vehicle with a revoked Provisional Registration Reinstatement will be subject to the penalties addressed by Section 32-7A-18, Code of Alabama, 1975.

(7) A copy of the PRR document is acceptable as evidence of the Provisional Registration Reinstatement for law enforcement purposes, if the information contained on the document is legible, unaltered, and has not been revoked by ADOR. Any erasures or other alterations of the information required on a PRR will render it void, and of no value to the person or vehicle described thereon.

(8) The PRR shall be retained within the motor vehicle to which it was issued pending the completion of the full vehicle registration reinstatement process by ADOR.

(9) The PRR shall be presented, on demand, by the vehicle operator, for inspection by law enforcement officers.

(10) A PRR cannot be transferred to another vehicle or vehicle owner.

(11) The PRR is not acceptable as a substitute for a valid Alabama Motor Vehicle Registration Tag and Tax Receipt. The PRR is valid only for indicating that a motor vehicle MLI registration suspension has been temporarily reinstated, pending confirmation of vehicle liability insurance coverage or confirmation of MLI vehicle exemption status. (Authority: Sections 40-2A-7(a)(5) and 32-7A-3(b), Code of Alabama 1975) (History: New rule: Filed December 1, 2006, effective January 5, 2007).

810-5-1-.239 Registration of Vehicles Used Exclusively to Transport Raw Cotton.

(1) County license plate issuing officials will issue special annual license plates to the vehicles registered pursuant to the provisions of Act 2006-550.

(2) Act 2006-550 limits the issuance of the special license plate authorized by this Act to a “vehicle designed and especially constructed to transport only raw cotton from harvest to a cotton gin….” This provision limits issuance only to these specially designed vehicles; therefore, the special license plates cannot be displayed on trucks that are capable of transporting commodities other than raw cotton, even if the only use of the trucks is for this purpose. It is understood that one may transport the raw cotton to a location where it is to be temporarily stored for later transportation to a cotton gin. Furthermore, a farmer owning and operating such vehicle may elect to register the vehicle with a farm license plate based on the gross weight of the vehicle instead of the license plate authorized by Act 2006-550 if using the vehicle in accordance with Section 40-12-248.

(3) The annual license tax and registration fee for the license plates issued pursuant to Act 2006-550 shall be $250.00, regardless of the gross weight of the vehicle. The registrations shall be renewed annually in the months of October and November. Registrations shall be issued for the period December 1 through November 30.

(4) The license plates issued pursuant to Act 2006-550 are not apportionable pursuant to the International Registration Plan (IRP) if the vehicle is operated from points within and without the State of Alabama. This interpretation is based on the exemption from apportionment under the IRP for “restricted use” vehicles, which includes vehicles restricted to hauling only a specific commodity or product.

(5) Section 40-12-258, as amended by Act 2004-292, allows the proration of registration fees when a farm truck is “stored in this state and not used or operated on the public highways of this state….” As a farmer may own the type vehicle authorized and registered under Act 2006-550, said farmer may pay prorated registration fees if the vehicle is not operated on the public highways of Alabama from December 1 until placed into service in a subsequent month. Note that this proration authorization is only applicable to a vehicle owned and used by a farmer, and would not apply to a non-farm owner/operator of said vehicle(s).

(6) If the gross weight of the vehicle registered pursuant to Act 2006-550 is 55,000 pounds or more, the vehicle owner is required annually, when registering the vehicle, to provide documentation indicating compliance with the Federal Heavy Vehicle Use Tax laws. (Authority: Sections 40-2A-7(a)(5) and Act 2006-550, Code of Alabama 1975) (History: New rule: Filed December 1, 2006, effective January 5, 2007).

810-5-1-.240 Permanent Trailer License Plates.

(1) Multi-year trailer plates, except for a fleet of 50 or more rental utility trailers, have been eliminated by Act 2006-276. Accordingly, county issuing officials shall not revalidate multi-year trailer plates, except for rental utility trailers. Any trailer other than a rental utility trailer displaying an Alabama multi-year trailer plate on or after December 1, 2006 shall be considered as displaying an expired registration, and law enforcement may cite the operator for operating a trailer with an expired license plate.

(2) Permanent trailer license plates, in accordance with Act 2006-276, may be issued to a truck trailer, tractor trailer or semitrailer. The term “semitrailer” is defined in Section 40-12-240(19) and includes, but is not limited to, trailers commonly referred to as “gooseneck” trailers. The term “truck trailer” as used in Section 40-12-252 refers to a trailer designed to be pulled behind a truck and the gross vehicle weight of the truck, trailer, and load combination exceeds 12,000 pounds. The term “tractor trailer” is deemed to mean a trailer being towed by a “truck tractor” as defined in Section 40-12-240(25). As Act 2006-276 does not include utility trailers as qualifying vehicles, the law is to be interpreted as not authorizing the issuance of permanent trailer plates to utility trailers. The term “utility trailer” is defined in Section 40-12-240(26) as “A trailer primarily designed to be drawn by a passenger car or pickup truck, including luggage trailers, folding or collapsible camping trailers, and other small trailers of similar size and function, but shall not include boat trailers.” A pickup truck is defined in Section 32-8-2(14.1) as “A truck with not more than two axles and a gross weight not exceeding 12,000 pounds.” Therefore, in order for a trailer to be registered as a utility trailer, the truck, trailer, and load shall not exceed 12,000 pounds.

(3) In order for a registrant to obtain a permanent trailer license plate, an Alabama certificate of title must be applied for in the name of the current vehicle owner or the trailer must be titled in Alabama to the current vehicle owner. Truck trailers, tractor trailers, and semitrailers titled in other jurisdictions cannot be registered in Alabama with a permanent trailer plate based upon presentation of an out-of-state title. However, as Section 32-8-31 exempts trailers designated 1974 year models or prior year models from the Alabama Uniform Certificate of Title and Anti-Theft Act, such trailers may be registered with permanent trailer plates without an Alabama certificate of title being applied for or issued. Similarly, as Section 32-8-31 exempts a pole trailer as the term is defined in Section 32-8-2 from the provisions of the Alabama Uniform Certificate of Title and Antitheft Act, such trailers may be registered with permanent trailer plates without an Alabama certificate of title being applied for or issued.

(4) The fee for a permanent trailer license plate is a one (1) time, non-proratable registration fee of sixty dollars ($60). In the event an owner elects to surrender a current and valid annual Alabama trailer license plate in order to secure a permanent trailer license, in accordance with Section 40-12-23 (c), the county issuing official shall determine the credit to be allowed by using monthly declining fees, and applying that credit to the sixty dollar fee for the permanent trailer license plate.

(5) The Department of Revenue is authorized to issue refunds in cases whereby the vehicle owner can provide to the satisfaction of the county license plate issuing official evidence that he/she erroneously registered a trailer with two (or more) permanent trailer license plates.

(6) The permanent trailer license plate issued in accordance with Section 40-12-252 cannot be transferred to another owner or trailer. As the term “owner” is defined in Section 40-12-240 to include a lessee with an option to purchase, if the lessee elects to exercise the purchase option, the plates shall continue to be displayed on the trailers even though there is a transfer of title from the lessor to lessee. If there is no purchase option, the permanent trailer license plates must be removed from the vehicles at the end of the lease agreement; provided, that if the lessor elects to lease the trailers to another Alabama based lease customer, the permanent license plates may remain on the trailers for use by the new lease customer (unless the new lease customer has a purchase option in the lease contract; if so, new permanent trailer plates must be secured in the name of the lease customer).

(7) For the following situations, any person acquiring ownership of a trailer(s)

displaying a permanent trailer plate is required to surrender the license plate(s) to his/her county license plate issuing official, who, in accordance with paragraph (8) below, shall notify the Department of Revenue of the receipt of the license plate:

(a) The trailer is sold or otherwise transferred to a new owner(s) –

exception: see paragraph (6) above;

(b) The trailer is repossessed;

(d) The trailer is acquired by an insurer as a salvage vehicle;

(8) The owner is required, in the case of transfer of ownership, to remove the

permanent trailer license plate from the vehicle and surrender the license plate to the county license plate issuing official and no credit or refund of registration fees shall be allowed upon surrender. The county license plate issuing official will retain the surrendered license plates for audit purposes. Furthermore, upon receipt of surrendered permanent trailer license plates, the county license plate issuing official must notify the Department of Revenue of the receipt of the plates in a manner prescribed by the Department in order for the Department to indicate on the registration database that the permanent trailer license plates are no longer in use; provided, that after one year from notation on the database, the registration records for surrendered license plates may be removed by the Department.

(9) If the owner must re-register the trailers outside Alabama, the owner is

to remove the Alabama permanent license plates from the vehicles and return the plates to the county license plate issuing official of the county where the trailers are based. The county license plate issuing official will retain the surrendered license plate for audit purposes, and, as in paragraph (8) above, notify the Department of the receipt of the permanent license plates.

(10) Trailer owners are not required to retain within the vehicle a current and valid Alabama Motor Vehicle Registration Tag and Tax Receipt. See Section 40-12-260(b)(1), which specifies that registration receipts must be maintained for “self-propelled” vehicles.

(11) County license plate issuing officials will enter “9999” on the Alabama Motor Vehicle Registration Tag and Tax Receipt, in the expiration date field to indicate the non-expiration for all permanent trailer license plate registrations. When issuing registrations to lessors, the lessee’s address shall be shown on the registration receipt.

(12) Pursuant to Section 40-12-265(b), if a license plate or tag is lost or stolen, or becomes so mutilated as to make it illegible, the owner of the vehicle must file with the county issuing official an application setting forth the facts that the plate or tag has been lost, mutilated, or destroyed and upon payment of the fee specified by law, a replacement license plate shall be issued. Provided, that if mutilated, the permanent trailer license plate shall be surrendered, and, in accordance with paragraph (8) above, the Department of Revenue notified of the surrender of the license plate. (Authority: 40-2A-7(a)(5) and 40-12-252(c), Code of Alabama 1975) (History: Adopted through APA December 27, 2006, effective June 8, 2007)

810-5-1-.241 Collegiate and Collegiate Personalized License Plates for Two-Year Colleges and Universities.

(1) For purposes of Act 2006-629, “two-year colleges” shall be deemed as referring to Alabama based public schools meeting the definition of “junior college” found in Section 16-60-81, Code of Alabama 1975. The term “two-year colleges” does not include “technical schools.”

(2) Act 2006-629 is interpreted as having repealed the prohibition against distinctive plates under Section 32-6-67 for junior colleges.

(3) Act 2006-629 amends Section 32-6-150 (a) to provide that two-year collegiate license plates shall be issued “in compliance with all laws and regulations.” Thus, these plates shall be issued in compliance with the provisions of Subdivision 2 of Chapter 6 of Title 32, and specifically with the provisions of Section 32-6-64 requiring the submission of a design to the Legislative Oversight Committee on License Plates (LOC), the approval of the submitted design by the LOC, and the timely securing of the necessary commitments to purchase (Quantity Class 1 or 2). The provision that prohibits remanufacture of plates if the number of plates issued in the fifth year (and every subsequent fifth year) of issuance fail to meet the Quantity Class requirements is also applicable.

(4) Section 32-6-150 (d), which requires colleges and universities desiring distinctive collegiate license plates to pay production costs prior to the manufacture of license plates, is not applicable to the two-year college license plates authorized under Act 2006-629. Instead, the additional fee for two-year college plates is to be distributed in accordance with Section 32-6-68, which includes a manufacturing fee to the Alabama Department of Corrections. (Authority: Sections 40-2A-7(a)(5) and 32-6-150(d), Code of Alabama 1975) (History: New rule: Filed December 27, 2006, effective January 31, 2007).

810-5-1-.242 Registration Procedures for Vehicles Registered Under Section 40-12-297.

(1) For the purposes of this rule, the term “Vintage plates” shall refer to the original Alabama license plate registrations authorized under Section 40-12-297.

(2) The Department of Revenue will provide license plate issuing officials with Vintage plate decals to be affixed to lower portion of the Vintage license plate. The decals will contain a number, which must be entered into the registration record as the decal number. The decal and the motor vehicle registration receipt indicates that the vehicle to which the license plate is issued is properly registered in accordance with Section 40-12-297, Code of Alabama 1975. The motor vehicle registration receipt must be retained in the vehicle for possible presentation to law enforcement officials in accordance with the provisions of Section 40-12-260, Code of Alabama 1975.

(3) Although Alabama has at various times issued front and rear license plates to motor vehicles, the registration authorized under Act 2006-612 shall be displayed on the rear of the vehicle only.

(4) In examining a Vintage plate for possible issuance, the license plate issuing official shall determine if the license plate is legible, particularly the entire license plate number. If the license plate is rusted, paint missing, parts of the plate is missing, holes in the plate, etc., to the degree that law enforcement would have difficulty reading the plate from twenty feet, the issuing official shall refuse to allow the requested license plate to be issued to the vehicle. Provided, the applicant may subsequently restore the plate (or have the plate restored) to the degree that the plate is legible and present the restored license plate for examination and approval by the license plate issuing official.

(5) Furthermore, in examining a Vintage plate for possible issuance, the license plate issuing official shall determine if the license plate colors are the colors of the originally issued plate. In order to make this determination, the issuing official may check the Department of Revenue’s website to view color pictures of Alabama license plates from 1912 through 1976.

(6) Vintage plates shall be of the category that is appropriate to the type of vehicle being registered (examples: an Alabama automobile plate should not be issued to a truck or bus; an automobile plate may not be issued to a motorcycle). Accordingly, the issuing official may need to make inquiry to the Department website or to the Department to determine if any symbols shown on the plate are appropriate for the type vehicle being registered.

(7) As Alabama did not issue metal license plates in 1943, a vehicle designated as a 1943 year model may not be registered pursuant to Section 40-12-297. Furthermore, during World War II a decal was sometimes issued in lieu of a front license plate; in such cases the decal may not be used as a registration pursuant to Act 2006-612.

(8) In the event law enforcement officials find a license plate issued pursuant to Section 40-12-297 being used in a manner not authorized by Section 40-12-290 et seq., said vehicle operator may be subject to the sanctions authorized by Section 40-12-290 (e) and forfeit the Vintage plate decal on the license plate issued pursuant to Section 40-12-297.

(9) The provisions of Section 40-12-297 authorizing issuance of original Alabama license plates or restored or refurbished Alabama plates do not include reproductions or facsimiles of original Alabama license plates.

(10) Issuing officials may not authorize license plates with license plate numbers exceeding seven (7) characters. All characters to be shown on the registration receipts must be either alpha or numeric characters.

(11) In the event, a license plate issued pursuant to Section 40-12-297 subsequently becomes illegible, the registrant shall promptly restore the license plate to a legible status, or surrender the license plate to his/her county license plate issuing official. Provided, law enforcement may confiscate any license plate issued pursuant to Section 40-12-297 found to be illegible as evidence of the violation of this law section in an enforcement action against the operator of the vehicle displaying said illegible plate.

(12) Beginning with license plates issued in 1942, Alabama license plate numbering schemes were identical in many years. Thus, for example, a plate numbered 47-12345 could have been issued every year from 1956 through 1976. To eliminate the potential that two vehicles could have the same registration number, the provisions of Act 2006-612 have specific prohibitions against duplicate numbering, and authorize the Department to prevent duplicate numbering by recalling duplicated plate numbers.

(13) As with standard Vintage Vehicle license plates, in the event the vehicle displaying the original Alabama license plate is sold or otherwise disposed of, the license plate with Vintage decal attached follows the vehicle to the new owner, who is responsible for timely transferring the vehicle registration into his or her name. However, if the new owner will not be using the vehicle in the manner authorized as a collector type vehicle, the new owner shall remove the original license plate and, upon surrendering the license plate to the issuing official, acquire a standard license plate for the vehicle within the specified number of days of acquiring ownership.

(14) If at any time the owner of a vehicle registered with an original Alabama license plate and Vintage plate decal elects to begin operating the vehicle in a manner inconsistent with the provisions of the Vintage Vehicle law, the vehicle must be registered with standard license plates before this use is begun and the original Alabama license plate with the Vintage plate decal must be surrendered to the license plate issuing official.

(15) In accordance with Act 2006-612, a vehicle owner displaying a Vintage Vehicle license plate may elect to register his or her vehicle with an original Alabama license plate and Vintage plate decal. In order to do so, the Vintage Vehicle license plate must be surrendered, and upon payment of the registration fee and issuance fee, shall be issued an original Alabama license plate and Vintage plate decal. Note that ad valorem taxes will not be collected when surrendering a Vintage Vehicle license plate and acquiring an original Alabama license plate and Vintage plate decal. A refund or credit will not be authorized for the fees previously paid for the Vintage Vehicle license plate. (Authority: Sections 40-2A-7(a)(5), Code of Alabama 1975 and Act 2006-212) (History: New rule: Filed December 27, 2006, effective January 31, 2007).

810-5-1-.243 Registering Trucks with Gross Weights up to 12,000 Pounds.

(1) Section 40-12-248(c), Code of Alabama 1975, requires the owner of a truck to make an affidavit declaring the gross vehicle weight of the truck at time of registration. Effectively, this affidavit is accomplished by the applicant informing the issuing official of the gross weight of the truck, and the official indicating the weight on the Motor Vehicle Registration Tag and Tax Receipt.

(2) Act 2006-356 allows the owner of a pick-up truck as defined in Section 32-8-2, Code of Alabama 1975, to register the truck used for personal or agricultural purposes based on the empty (or unladen) weight of the vehicle only without regard to the heaviest load to be carried including the heaviest load to be carried on any trailer used in combination with the truck. Accordingly, anyone qualified to register his or her pick-up truck under the provisions of Section 40-12-248, as amended, by Act 2006-356 shall certify the empty (or unladen) weight of the truck only, and shall exclude the weight of any trailer (and its load) used in combination with the truck. The Department interprets the language used in Act 2006-356 regarding the registration of trucks used for personal or agricultural use as excluding the weight of the driver and passengers within the truck, the weight of luggage, fuel, tools, and heaviest load to be carried in the bed of the pickup truck; also, excluded is the weight of any towed vehicle or equipment, and any load carried in the towed vehicle. Any weight passed from the trailer through the trailer tongue to the truck shall also not be included in the declared gross weight, provided the pickup truck has been registered for personal or agricultural use only.

(3) Section 32-8-2 defines the term “pickup truck” as “a truck with not more than two axles and a gross weight not exceeding 12,000 pounds.” The two axle limitation does not include the axles of any attached trailer.

(4) The Department interprets the amended language of Act 2006-356 as authorizing the owner of a pick-up truck using the vehicle for “agricultural use” to register the vehicle for the empty (or unladen) weight of the truck only, even if the agricultural use could normally be considered as a commercial use of the vehicle. Accordingly, agricultural use shall be deemed by the Department to include the use of the truck by a farmer, by a cotton gin, by a farmer’s cooperative, etc., solely to transport raw agricultural products to be processed, but does not include the transportation of processed agricultural products, such as canned vegetables, frozen meat, processed milk, etc.

(5) In the event a truck is used by the owner for both personal and commercial use, the truck shall be registered based on the gross vehicle weight of the truck as provided in Section 40-12-248 (a). This is true even in situations where the truck is used for commercial use only one time during the registration period.

(6) The provisions of Act 2006-356 is an exception to the established principle of truck registration based on combined gross weight as employed by most U.S. jurisdictions. Accordingly, it is suggested that the owner of a truck registered pursuant to Act 2006-356 carry within the vehicle a copy of Act 2006-356 for presentation to law enforcement if stopped for improper registration.

(7) In the event that someone is cited by Department of Revenue enforcement officers for the improper registration of a pickup truck, when registering the vehicle the owner will be subject to the penalty provided for in Code Section 40-12-249 for the difference in registration fees. Also, the operator may be subject to a court fine if convicted of improper registration.

(8) Personal use includes the towing of a rented trailer used in moving one’s personal possessions. (Authority: Sections 40-2A-7(a)(5) and 40-12-248, Code of Alabama 1975) (History: New rule: Filed January 29, 2007, effective March 5, 2007).

810-5-1-.244 Proration of Motor Vehicle Registration Fees.

(1) “Proration of registration fees” as used in this rule refers to a motor vehicle owner paying registration fees for a period less than 12 calendar months. Proration of fees may occur when someone acquires a motor vehicle in a month other than their designated renewal month, and pays to the license plate issuing official monthly-prorated fees from the date the motor vehicle was acquired through the designated renewal month. Additionally, registration fees are prorated when a vehicle is brought into the state and registered for the first time.

(2) The phrase “stored in this state” as used in Code of Ala. I 975, Section 40-12-258, as amended by Act 2004-292, Acts of Alabama, shall be deemed to mean that a vehicle has not been used or operated on the public highways of this state and the vehicle remained in this state during the current registration period.

(3) “Reregistration” as used in Section 40-12-258, as amended by Act 2004-292, Acts of Alabama, shall be deemed to mean the vehicle owner securing subsequent Alabama vehicle registrations.

(4) Section 40-12-258 provides that license taxes and registration fees associated with the reregistering of motor vehicles that have been stored in this state and not operated on the public highways shall not be prorated. Section 40-12-259, as amended by Act 2004-292, provides that license taxes and registration fees for newly acquired vehicles, or vehicles brought into this state for the first time may be prorated. The non-proration prohibition of Section 40-12-258 does not apply to the reregistration of farm trucks, farm truck tractors, vintage vehicles, self-propelled campers or house cars.

(5) The provisions of Act 2004-292 do not prohibit the proration of registration fees when reregistering a vehicle in the following situations:

(a) In the event that an owner had legally registered their vehicle in another jurisdiction due to the vehicle having been based in that jurisdiction, and, upon returning the vehicle to Alabama, subsequently seeks to register the vehicle in Alabama.

(b) In a case where a vehicle with a valid registration is stolen and later recovered and reregistered.

(d) When surviving spouses are registering in their name for the first time vehicles previously registered in the name of their now deceased spouses, provided the surviving spouses were not listed as joint owners on the certificates of title.

(e) In situations where registrants are changing classification of license plates (e.g., from a Fl to a P1 plate) during the registration year.

(f) In situations where a last name change occurs that changes the registrant’s designated renewal month.

(6) Fees associated with the issuance of “permanent license plates” shall not be prorated. “Permanent license plates” as used in this rule refers to those categories of plates issued pursuant to the provisions of Sections 40-1 2-250 and 40-12-252(c) with no expiration dates. “Permanent license plates” are not renewed and are displayed on vehicles until the vehicles are sold, junked, or otherwise destroyed. “Permanent license plates” will be issued to vehicles owned by the State, a county, a municipality, a public utility department (PUD), or volunteer fire departments. Additionally, “Permanent license plates” are issued to truck trailers, tractor trailers, and semitrailers, upon request of registrants.

(7) In situations where an owner stores their vehicle prior to the designated renewal month, or the vehicle is not otherwise operated on the public highways of Alabama during or after the designated renewal month, then the owner shall provide proof of such storage or vehicle non-use when reregistering the vehicle. If the license plate issuing official is satisfied that the vehicle was not operated, then the registration penalty (or transfer penalty) shall not be charged; however, in accordance with Act 2004-292, non-prorated registration fees shall be charged. Proof of storage documents includes, but is not limited to:

(a) An affidavit completed by the vehicle owner, neighbor or staff of the storage facility.

(b) A receipt(s) indicating payment to a storage facility.

(c) A letter from appropriate military official on military letterhead indicating that the serviceman stored his vehicle at a military base.

(8) In the event a motor vehicle is removed from service prior to the beginning of the registration year, and remains out of service throughout the entire registration year, then the owner, when reregistering the vehicle will be subject to registration fees for the registration year when the vehicle is placed back into service. Example: Anderson places his automobile in storage in December 2004 and it remains in storage until June 2006. When registering the vehicle in June 2006, Anderson will pay registration fees only for the period February 1, 2006 through January 31, 2007 because the vehicle was out of service for the entire 2005 registration year, and was placed back into service during the 2006 registration year. It is important to note that if the vehicle was stored in this state, ad valorem tax must be remitted for each year Anderson owned the vehicle regardless of whether the vehicle was operated on the public highways of this state unless Anderson is registering the vehicle pursuant to Section 40-12-290.

(9) Act 2004-292 also exempts farm trucks and farm truck tractors from the non-proration provisions of Section 40-12-258. In order to qualify for prorated reregistration fees, the owner of the truck or truck tractor registered with farm plates must provide proof to the satisfaction of the license plate issuing official that the vehicle(s) in question was not previously operated on the public highways of this state in the registration year for which the vehicle registration is sought. This exemption applies only to farm vehicles registered with the distinctive farm truck (F1-F3) and farm truck tractor (F4) license plates. Registration fees charged and collected upon the registration of newly acquired farm trucks and farm truck tractors may be prorated.

(10) When reregistering a vehicle with a farm plate, the previous registration does not have to be with a farm plate in order to qualify for prorated reregistration fees. For example, Winslow has a truck with a gross vehicle weight of 16,000 pounds registered with an Xl license plate for the period December 1, 2005 through November 30, 2006. The truck is removed from service in November 2006. In January 2007, Winslow desires and qualifies for a Fl license plate. Winslow would pay prorated Fl registration fees for the registration period January 1, 2007 through November 30, 2007 (11 months fees).

(11) Self propelled campers or house cars, commonly known as motor homes, are also exempt from the non-proration provisions of Section 40-12-258. In order to qualify for prorated reregistration fees, the owner of the motor home must provide proof to the satisfaction of the license plate issuing official that the motor home was not previously operated on the public highways of this state in the registration year for which the vehicle registration is sought. Registration fees charged and collected upon the registration of newly acquired motor homes may be prorated.

(12) Act 2004-292 contains an exemption for “vintage vehicles.” The term “vintage vehicles” refers to any vehicles registered or subject to registration pursuant to Section 40-12-290 et seq. Anyone in the process of rebuilding or reconstructing a “vintage vehicle” when registering the vehicle with a license plate provided for under Section 40-12-290 et seq. will only pay the non-prorated vintage vehicle registration fee. No registration penalty shall apply. (Authority: Sections 40-2A-7(a)(5), 40-12-258 and 40-12-259, Code of Alabama 1975) (History: New rule: Filed March 30, 2007, effective May 4, 2007)

810-5-1-.245 Non-Residents Operating Non-Commercial Vehicles into Alabama and Non-Residents Relocating to Alabama.

(1) The provisions of this rule are applicable to non-commercial vehicles owned and operated by non-residents of Alabama when operated into Alabama. Non- commercial vehicles shall include privately owned and operated automobiles, trucks (not being used in a commercial endeavor), trailers, including travel, utility, and motor homes used strictly for recreational purposes.

(2) Section 40-12-262 (a), Code of Alabama 1975, is interpreted as authorizing someone relocating to Alabama to operate their vehicle(s) in Alabama for 30 consecutive calendar days displaying a current and valid license plate and registration to their vehicle(s) from their previous home residence.

(3) The vehicle owner(s) relocating to Alabama may operate their vehicle(s) in interstate and intrastate movements during the 30 day period, said period beginning on the day that the vehicle enters Alabama to be based in Alabama.

(4) The vehicle owner(s) may register the vehicle anytime during the 30 day period; provided, that on the 31st day, liability for Alabama motor vehicle registration fees attach, and, if not paid by the 31st day, motor vehicle registration penalties attach and must be paid when registering the vehicle(s). Provided, if the 31st day falls on a Saturday, Sunday, state holiday, or other day that the license plate issuing official’s office is closed, the penalty will not attach if registration fees are paid on the next business day.

(5) If the non-resident enters the State of Alabama without vehicle registration issued to the vehicle owner from the vehicle owner’s previous home jurisdiction, or if the out-of-state motor vehicle registration has expired, the provisions of Section 40- 12-262 (a) allowing a 30 day period to register the vehicle are not applicable, and the liability for Alabama registration fees attaches on the day the vehicle(s) enters the state, and if not paid on that date, delinquency penalties attach on the following day. Also, provisions requiring display of license plates are applicable on the day the vehicle enters the state, and law enforcement may cite the vehicle operator for operating the vehicle without registration when the vehicle enters the state. Furthermore, if the non-resident’s out-of-state vehicle registration expires after entering Alabama, but before the 30 day period ends, penalty and law enforcement sanctions become applicable on the day after the out-of-state registration expires.

(6) If a non-resident enters the State of Alabama without a license plate issued to the vehicle owner, but has been issued a temporary registration (which is properly displayed), the vehicle owner may legally operate the vehicle in Alabama as long as the temporary registration remains valid.

(7) In the event that a non-resident enters Alabama with a vehicle based in another jurisdiction, and that jurisdiction exempts from its registration requirements the type vehicle being operated into Alabama, it shall be the responsibility of the non-resident owner to prove to the satisfaction of law enforcement that the previous jurisdiction exempted such vehicles from registration. Provided, the vehicle must be registered in Alabama within the time frame specified in this rule.

(8) In the event the Alabama Department of Revenue enters into a motor vehicle registration reciprocity agreement with another jurisdiction(s) pursuant to Section 40-12-262, and the provisions of the reciprocity agreement conflict with the provisions of this rule, the provisions of the agreement shall prevail.

(9) In the event a vehicle owner in the U.S. military is assigned by virtue of military orders to an Alabama location, and when entering Alabama is displaying a current and valid out-of-state plate issued in the jurisdiction where the serviceman was previously based, said vehicle owner may operate the vehicle displaying the out-of-state registration for the 30 day period authorized by Section 40-12-262. Note that this provision is applicable in situations where the serviceman is operating with a license plate issued in the jurisdiction where he or she was previously based by virtue of military orders — if registered in the serviceman’s home of record jurisdiction, Alabama will honor the registration as long as the registration is current and valid. Furthermore, Alabama will honor a current and valid license plate issued by the U.S. military to servicemen’s vehicles when stationed outside the United States during this 30 day period.

(10) In accordance with policy positions of the American Association of Motor Vehicle Administrators (AAMVA), Alabama will honor current and valid out-of-state license plates on vehicles being operated by non-resident students attending colleges and universities within Alabama. This includes students involved in intern programs. (Authority: Sections 40-2A-7(a)(5) and 40-12-262(a), Code of Alabama 1975) (History: Filed March 30, 2007, effective May 4, 2007)

810-5-1-.246 BILL OF SALE, INVOICE OR OTHER SALES DOCUMENT - Minimum Requirements. Reference: Section 40-12-260(b)(2),Code of Alabama 1975, as amended.

(1) Alabama law (Section 40-12-260(b)(2)) provides in part that within the first 20 calendar days of all self-propelled vehicles being purchased or acquired, and prior to obtaining a vehicle registration, a registrant must retain a legible copy of the bill of sale within the vehicle if the vehicle is not subject to the Alabama Uniform Certificate of Title and Antitheft Act (Section 32-8-1, et seq.).

(2) A bill of sale in connection with the sale of a motor vehicle shall contain all of the information listed below. An invoice or other sales document may be used in lieu of a bill of sale provided that the invoice or other sales document meets all the requirements in paragraph 3. In addition, the bill of sale, invoice or other sales document must be a document for the conveyance or transfer of ownership of a motor vehicle not subject to the Alabama Certificate of Title and Antitheft Act.

(3) In order for License Plate Issuing Officials and law enforcement to determine if a bill of sale, invoice or sales document is valid, the following information shall be contained within:

(a) Name of purchaser.

(b) Complete address of purchaser.

(d) Complete vehicle description: vehicle identification number, make, year, model or series number, body type.

(e) Name of seller.

(f) Complete address of seller.

(g) If the seller is a dealer, then the dealer shall have the legend "Penalty of fifteen dollars ($15.00) due if vehicle is not registered in the name of the new owner within 20 calendar days" stamped or inscribed in bold and conspicuous print on the bill of sale, invoice or other sales document as provided for in Section 40-12-260(a)(6) license plate transfer.

(h) Signature of seller or authorized representative of seller.

(i) Purchase price of the vehicle.

(Authority: Sections 40-2A-7(a)(5), 32-8-3(b)(2) and 40-12-260(b)(2), Code of Alabama 1975; History: New rule: Filed November 18, 2008, effective January 22, 2009)

810-5-1-.403 International Registration Plan, Inc., Dues. The International Registration Plan provides that a member jurisdiction may bill and collect from its registrants an amount sufficient to pay its annual dues to IRP, Inc. Accordingly, the Motor Vehicle Division will assess registrants under the International Registration Plan the amounts necessary to pay the dues to IRP, Inc. The amount will be collected when billing for apportioned registration fees, including transfer billings. In that the Board of Directors of IRP, Inc. may change the dues from year to year, and such change approved by the IRP members, the amount billed is subject to change from time to time. (Authority: Sections 40-2A-7(a)(5) and 32-6-56, Code of Alabama 1975) (History: New rule: Filed January 29, 2007, effective March 5, 2007).

810-5-1-.438 International Registration Plan.

Pursuant to the authority granted the Commissioner of Revenue under §32-6-56 of the Code of Alabama 1975, the Commissioner hereby adopts by this reference, the provisions of the International Registration Plan (IRP) and official binding commentary (dated August 22, 1994) or such other designation that may, from time to time, be given to such document, in its entirety, with all modifications and revisions previously and henceforth to be adopted. A complete and current copy shall be maintained for public inspection at the offices of the Alabama Department of Revenue, Motor Vehicle Division, Room 1216, Gordon Persons Building, 50 N Ripley Street, Montgomery, Alabama 36132. (Sections 40-2A-7(a)(5) and 32-6-5) (Adopted by Reference through APA August 1, 2001)

810-5-1-.440 Department of Revenue to Issue Apportioned License Plates.

(1) The Department of Revenue shall be the sole issuing authority for applicants seeking apportioned vehicle registration under the provisions of the International Registration Plan or any other registration/reciprocity compact requiring payment of apportioned registration fees which the State of Alabama, through the Commissioner of the Department of Revenue under the authority of Act 848, Alabama 1978 Regular Session, may enter.

(2) Vehicle, for the purpose of this rule or regulation, shall be held to mean any vehicle with three or more axles, or individually or in combination having a gross weight in excess of 10,000 pounds.

(3) Any person seeking to apportionally register his/her vehicle or fleet must complete and file application(s) with the Alabama Department of Revenue. The following application forms are to be furnished by the Alabama Department of Revenue:

(a) MV:IRP-B - International Registration Plan Mileage Schedule;

(b) MV:IRP-A – International Registration Plan Vehicle Schedule;

(d) MV:IRP-G.– International Registration Plan New Account Application; and

(e) International Registration Plan Renewal Application.

1. Forms should be typed or printed in ink.

(4)(a) Under the provisions of the International Registration Plan, registrants are to declare the weights of trucks and truck-tractors which they desire to be qualified in member jurisdictions. The Department of Revenue may lower the weight given by a registrant to the legal limit permitted by the member jurisdiction(s). Furthermore, one listing a weight for a jurisdiction which falls between two established weight brackets for that jurisdiction will have the weight increased to the higher weight category.

(b) Companies operating commercial buses over fixed routes are required to be registered under the International Registration Plan. As buses are registered using various criteria, such as seating capacity, and gross weight, it is the responsibility of the registrant to provide the required information in order for the Department of Revenue to calculate registration fees for the jurisdictions in which the motor carrier elects to operate.

(5) Upon receipt of applications for apportioned registration, the Department of Revenue issues license plates based on the information provided on the application schedules. The Department of Revenue assumes no responsibility for any liability, damage, or enforcement action taken against the registrant as a result of the license plate issued the registrant. The registrant is responsible for securing the correct license plate classification (including weight classification) based on his operation of the vehicle and Alabama motor vehicle registration statutes. Upon receipt of the vehicle license plates and cab cards, the registrant must review the information shown on the cab card to ascertain whether he/she will be in compliance with the of law. It is the responsibility of the registrant to obtain the correct license plate classification by filing the appropriate schedules as shown in this rule. (Authority: §§40-2A-7(a)(5), 40-12-10(d) and 32-6-56, Code of Alabama 1975); (History: Amended: Filed June 30, 2006, effective August 4, 2006)

810-5-1-.441 Applicant's Responsibility to Timely File Complete Application for Apportioned Registration.

(1) The Commissioner of Revenue is aware that an applicant for apportioned registration cannot remit payment for apportionable fees until said fees have been determined by the Department of Revenue, therefore, the following procedures are adopted as a fair and equitable policy for the submission and payment of registration fees under the International Registration Plan.

(2) It is the applicant's responsibility to properly complete all forms and to submit all documents necessary to register vehicles under apportioned registration agreements. If necessary information is missing from submitted applications, the application will be rejected as incomplete.

(3) Applications rejected as incomplete will not be considered as received until completed and returned to the Department of Revenue.

(4) Merely filing an International Registration Plan application does not constitute authorization to operate an apportionable vehicle. It is necessary for the applicant to secure either permanent or temporary authorization before legally operating any relevant vehicle.

(5) Upon receipt of the complete application, the Department of Revenue will compute registration fees based upon the date the vehicle was purchased or leased. An International Registration Plan billing notice will be prepared and provided to the applicant. In the event that the vehicle delivery date is later than the date of purchase, the applicant shall attach a sworn, notarized statement to the application giving the date of delivery.

(6) Payment for International Registration Plan billings are due upon receipt and must be received by the Department of Revenue within ten (10) days of the billing date, except for the billings for apportioned license plate renewals. Payment for license plate renewal billings must be received by the expiration date of the registrant’s assigned renewal month.

(7) Alabama law (§32-6-65) requires that a penalty be assessed for the delinquent registration of a motor vehicle.

(8) Alabama law (§40-12-10) requires that interest on delinquent license tax and registration fees levied on motor vehicles shall be charged beginning after the period allowed for registration or renewal.

(9) International Registration Plan billings should be paid using certified funds. Certified funds include, but are not limited to the following:

(a) Cashiers check;

(b) Money order;

(d) Credit card;

(e) Debit card;

(f) Wire service instrument; or

(g) Cash. Cash payments should only be made in person.

(10) If personal or company checks are submitted for payment of apportioned registration fees, the license plates and cab cards will not be issued until thirty (30) days after the remittance has been deposited.

(11) Personal or company checks will be accepted as payment for apportioned registration fees if the registrant has filed a surety bond with the Department of Revenue. The bond shall be in such form and amount as approved by the department, and shall be executed by a surety company licensed and duly authorized to do business in Alabama. Such bond shall be payable to the Alabama Department of Revenue. (Authority: §§40-2A-7(a)(5), 32-6-56, 32-6-61, 32-6-65, 40-12-10 and 40-12-260), Code of Alabama 1975) (History: Amended: Filed June 30, 2006, effective August 4, 2006)

810-5-1-.442. Vehicles which are Specifically Exempt from Apportioned Registration.

(1) Government-owned vehicles.

(2) City pickup and delivery vehicles.

(3) Buses used for chartered parties.

(4) Recreational Vehicles (defined as a vehicle used for personal pleasure or travel by an individual or his family).

(5) Vehicles operating with a restricted plate.

(a) The plan defines restricted plate as a registration that has time (less than a registration year), geographic area, mileage, or commodity restrictions.

(b) The Alabama "F1" or "F2" plate is restricted and that Alabama law allows this plate to be used only by a farmer transporting farm products or transporting personal property of the farmer for his use on his farm up to 42,000 pounds.

(c) The Alabama "01" or "02" plate is restricted in that it may only be used on trucks owned and used by any person for transporting forest products from the point of severance to the sawmill, a papermill or to a concentration yard. (NOTE: Alabama law has further restricted the use of above plates to trucks, not truck tractors).

(d) Dealer plates are restricted.

(e) Alabama and Mississippi have an informal agreement whereby Mississippi recognizes full fee registered Alabama trucks or truck tractors to haul logs in an interstate movement into or from Mississippi. Likewise, Alabama recognizes the interstate movement of logs into or from Alabama by a full fee registered Mississippi truck or truck tractor. Note that this agreement involves the transportation of logs (not sawdust or similar products) and does not permit intrastate operation in the state in which the licensee is not licensed. (Authority: §32-6-56)

810-5-1-.451 Prerequisites to Issuance of Apportioned License Plates or Cab Cards.

(1) Alabama law (Section 40-23-104) requires that before the registration of or licensing of a motor vehicle, the licensing official shall require proof of payment of a sales, use, or rental tax deemed necessary and proper.

(2) In accordance with §32-8-32, no motor vehicle license plate may be issued and no motor vehicle license plate may be transferred for use on a motor vehicle until proof of ownership is provided to the licensing official. Acceptable proof may include the copy of an application for a certificate of title to such vehicle, a certificate of title to such vehicle, a duplicate certificate of title to such vehicle where the original is held by a lienholder, or a copy of the application for a replacement certificate of title, on motor vehicles required to be titled (vehicles manufactured prior to 1975 are not required to be titled in Alabama). A photocopy of any of the above is acceptable.

(3 Alabama law (§40-12-253) specifically provides that ad valorem taxes must be paid before license plates may be issued. Registrants must have their vehicle(s) assessed and the ad valorem must be paid to the appropriate county official. One may submit as proof of ad valorem tax payment a copy of the Motor Vehicle Registration Tag and Tax Receipt or a schedule which has been certified as to tax payment by the appropriate county official. The Receipt or the schedule must list the vehicle(s) by vehicle identification number (VIN) for which taxes have been paid. Proof of payment may be submitted with the registration application or, preferably, submitted with the remittance. If no ad valorem tax is due, or if the registrant is exempt from ad valorem taxes, this fact must be attested to by the appropriate county official, denoting the VIN for each such vehicle.

(4) Alabama law (§32-6-58) requires that all judges of probate, license commissioners, and other officials authorized by law to register motor vehicles and issue motor vehicle license plates and to perform other duties in connection with the issuance of motor vehicle license plates shall refuse to register a motor vehicle having a gross weight of 55,000 pounds or more and shall refuse to issue any motor vehicle license plate for such motor vehicle and shall refuse to transfer any motor vehicle registrations and license plates for such motor vehicles unless the applicant furnishes proof of payment, in the form prescribed by the Secretary of the United States Treasury, that the federal heavy vehicle excise tax imposed by Title 26, United States Code §4481, has been paid. (Authority: Sections 40-2A-7(a)(5), 32-6-56, 32-6-58, 32-8-32, and 40-23-104, Code of Alabama 1975) (History: Amended: Filed June 2, 2006, effective July 7, 2006)

810-5-1-.452. Trailers and Semi-trailers.

Owners or registrants of trailers and semi-trailers should secure trailer plates from the county probate judge or license commissioner unless one determines to apportionally register his fleet to include one or more of the states of Colorado, Montana, Oregon, or Wyoming. If so, trailers must be listed on the application (Schedule A) and the registrant will receive special apportioned trailer plates from Montgomery upon payment of registration fees and otherwise having qualified. (Authority: §32-6-56)

810-5-1-.454 Temporary Operating Authority (TOA).

(1) When the carrier wishes to create an apportioned fleet, add vehicles to an apportioned fleet or make changes to an existing fleet, the Department of Revenue will issue temporary authorization if requested by the carrier.

(2) A TOA will not be issued on a renewal vehicle.

(3) The temporary authorization covers a specific vehicle and cannot be transferred to another vehicle.

(4) Requests for TOAs will be submitted on forms furnished by the Department of Revenue.

(5) The registrant is required to pay for the registration prior to obtaining the TOA.

(6) A temporary operating authority is valid only until the date shown on the permit, and is in no case valid beyond a date sixty (60) days from date of issuance, even if registration fees or other requirements have been met for the issuance of permanent registration.

(7) In accordance with the provisions of the International Registration Plan and Federal Motor Carrier Safety Regulations, the Department of Revenue reserves the right to deny temporary authority to any carrier whose account is not in good standing. Carriers may file a notice of appeal from the denial of temporary authority with the Administrative Law Division in accordance with §40-2A-8, Code of Alabama 1975. (Authority: Sections 40-2A-7(a)(5), 32-6-56 and 40-2A-8, Code of Alabama 1975) (Amended: Filed June 30, 2006, effective August 4, 2006)

810-5-1-.457 Application for Replacement Credentials.

(1) One desiring a replacement apportioned cab card or needing information corrected on his current apportioned cab card must file form IRP-2 and submit the fee provided under Section 40-12-271 of the Code of Alabama 1975, for each such replacement or correction.

(2) One desiring a replacement apportioned license plate must file form IRP-2 and submit the fee provided under Section 40-12-265 of the Code of Alabama 1975 for each such replacement.

(3) One desiring a replacement decal for an apportioned license plate must file form IRP-2. There is no fee for each such replacement.

(4) Form IRP-2 is not to be used for change of ownership, change of classification, change of address, change in registered weights, or jurisdiction increases. (Authority: Sections 40-2A-7(a)(5), 40‑12‑265 and 40‑12‑271, Code of Alabama 1975 (History: Amended: Filed June 2, 2006, effective July 7, 2006)

810-5-1-.459. Department of Revenue Permitted to Make Reasonable Inquiries and Demand Reasonable Proof When Registering Vehicles Under the International Registration Plan.

In an official opinion of the Attorney General under date of February 1, 1977, addressed to the Honorable Paul Thomas, Judge of Probate, DeKalb County, it was held that a Probate Judge has the right to make reasonable inquiries and demand reasonable proof when registering motor vehicles. The Department of Revenue, likewise, has the authority to make reasonable inquiries and demand reasonable proof before a registration is issued under the provisions of the International Registration Plan. (Authority: §32-6-56)

810-5-1-.460 Situations Where Registrants are to Return Apportioned Registration License Plates and/or Cab Cards. In certain situations registrants must return the previously issued apportioned registration.

(a) The registrant’s apportioned registration has been cancelled or revoked.

(b) The registrant is seeking a refund of registration fees paid for motor vehicle license plates and must submit the decal, license plate, and/or cab card with the petition for refund.

(c) Under Section 40-12-265(b), as amended, Code of Alabama 1975, if a registrant should find or recover an apportioned license plate previously reported as lost or stolen, or should such license plate come into the possession of such registrant, he must immediately deliver same to the Department of Revenue.

(d) If a registrant's license plate becomes mutilated and the registrant applies for a replacement license plate, under Section 40-12-265(b), the registrant is required to surrender the mutilated license plate.

(e) If a registrant's vehicle is destroyed or junked, the license plate and/or cab card may be transferred to a replacement motor vehicle unless the vehicle is wrecked and totaled outside Alabama and the license plate is lawfully surrendered to the jurisdiction where the vehicle was wrecked and totaled; or if the license plate must be surrendered to the registrant's insurance company or to the Title Section of this Department. (Authority: Sections 40-2A-7(a)(5), 32-6-56 and 40-12-265, Code of Alabama 1975); (History: Amended: Filed June 30, 2006, effective August 4, 2006)

810-5-1-.468 Refunds/Credits of Apportioned Registration Fees.

(1) If an audit of an apportioned carrier results in a net overpayment or underpayment of registration fees in the amount of $10.00 or more, the amount will be refunded or collected.

(2) Refunds may be made in the event of a billing error by the Department of Revenue.

(3) One securing full fee registration through the Judge of Probate or License Commissioner, and subsequently securing Alabama apportioned registration may be entitled to a prorated credit for the fees paid for the non-apportioned registration. In order to receive the credit, the non-apportioned license plate and registration receipt must be presented with the application for apportioned registration.

(4) Duplicate registration of a vehicle by the same registrant may entitle the registrant to a refund.

(5) Applicants seeking refunds of registration fees paid for motor vehicle license plates must submit required petition for refund form, decal, license plate, or both, and any supporting documents that substantiate reason for requesting same.

(a) Petition must be completed and submitted to the Alabama Department of Revenue.

(b) Required decal and license plate for which a refund is being sought must accompany the petition for refund. If this is not possible, a statement verifying the reason for not returning such registration material must be submitted for review by the Department.

(c) The apportioned cab card receipt for which the refund is being sought should be submitted with the application for petition for refund.

(d) If refund is being sought due to duplicate registration, documentation verifying that registration was duplicated should be submitted for review by the Department.

(e) If refund is being sought due to registration being secured in error, documentation and/or certified statement verifying the facts must be submitted for review by the Department.

(f) Except as provided in (d) above, registration fees are not refundable if the vehicle is operated after the previous registration has expired.

(g) Issuance fees and the commission accruing to the issuing official are not refundable according to Section 40-12-23(a), Code of Alabama 1975.

(h) Upon approval of the petition, the Department of Revenue will authorize the refund of registration fees by the appropriate State, County and Municipal officials.

(i) Due to the time and expense involved in the refunding of registration fees, only refunds in the amount of $10 or more will be issued.

(j) A registrant may appeal the denial of a petition for refund by filing a notice of appeal in accordance with §40-2A-7, Code of Alabama 1975. (Authority: Sections 40-2A-7(a)(5), 32‑6‑56, and 40-12-23, Code of Alabama 1975) (History: Amended: Filed June 2, 2006, effective July 7, 2006)

810-5-1-.469 Suspension, Cancellation and/or Revocation of Apportioned License Plates and Cab Cards.

(1) The International Registration Plan provides that "all plates and cards and reciprocal exemptions are subject to cancellation and revocation in the event of erroneous issuance thereof, or if any fees remain unpaid." Upon determination that a cancellation and revocation should be made, the Department shall give written notice to the registrant to the address given on his most recent application for apportioned registration. The notice will state the reason(s) for the action and will establish a hearing date, time, and place for the registrant to offer objections.

(2) One may have his registrations cancelled and revoked if:

(a) Registrations were issued in error because the registrant failed to provide proof of the payment of ad valorem tax, sales tax, or did not submit proof that the vehicle was properly titled.

(b) Registration fees were not paid.

(d) The registrant is not a resident of this state or does not meet the criteria for established place of business as defined by the International Registration Plan.

(e) Incorrect information was fraudulently given by the registrant on the applications for apportioned registration.

(f) Evidence reveals that the registration is either in violation of Alabama laws or in violation of International Registration Plan provisions.

(g) The registrant’s International Fuel Tax Agreement (IFTA) license has been suspended or revoked.

(3) The Department of Revenue shall suspend or revoke the registrations and license plates for commercial motor vehicles issued to any motor carrier or vehicle owner who has been prohibited from operating by a federal or state agency responsible for motor carrier safety under the Performance and Registration Information Systems Management (PRISM) program.

(4) Registrants seeking the registration of a fleet for which no interstate mileage was accumulated for two consecutive preceding years, shall be denied apportioned registration. If an application indicates that the registrant’s vehicle(s) accumulated no mileage outside the state of Alabama for the second consecutive year, the registrant will not be allowed to apportionally register the subject vehicle(s) until convincing evidence of planned interstate operation is presented to the Department.

(5) Persons who are denied the apportionment privilege may appeal to the Administrative Law Division pursuant to Section 40-2A-8, Code of Alabama 1975. (Authority: Sections 40-2A-7(a)(5) and 32-6-56, Code of Alabama 1975) (History: Amended: Filed June 2, 2006, effective July 7, 2006)

810-5-1-.470 Reciprocity Trip Permits.

(1) In accordance with the International Registration Plan, a reciprocity trip permit registration may be secured for any vehicle or combination of vehicles in lieu of full fee registration or apportioned registration. The fee for this reciprocity trip permit shall be in accordance with §40-12-262. The permit shall be valid for a time period provided in §40-12-262, the beginning and ending dates to be shown on the permit. Every trip permit shall be carried in the cab of the vehicle for which such permit is issued. Such permit is not transferable. Such permit shall be presented upon request or demand of a law enforcement officer. The permit may be secured from the Department of Revenue or its designee.

(2) This permit is required for a carrier whose vehicle is based in a jurisdiction that is a party to the International Registration Plan and who did not elect to secure full or apportioned registration in Alabama.

(3) Any person operating a vehicle or truck-tractor combination with a current and valid reciprocity trip permit is permitted both interstate and intrastate operations within Alabama, provided he/she has met regulatory requirements such as qualification with the Alabama Public Service Commission and the International Fuel Tax Agreement (IFTA).

(4) Trip Permits will be required in other member jurisdictions if an Alabama based carrier does not apportion with that jurisdiction. If not proportionally registered before entering any other IRP member jurisdiction, a trip permit must be secured and carried in the cab of the vehicle for which issued or the vehicle may be subject to full registration in that jurisdiction. (Authority: Sections 40-2A-7(a)(5), 32‑6‑56, and 40-12-262, Code of Alabama 1975); (History: Amended: Filed June 30, 2006, effective August 4, 2006)

810-5-1-.471 Alabama Reciprocity Agreements.

(1) Under the Authority of Section 40-12-262, Code of Alabama 1975, Alabama has entered into bilateral reciprocal agreements with the jurisdictions shown below. These agreements permit the interstate movement of vehicles into or through the jurisdictions party to the agreements. The agreements only pertain to vehicle operation.

Alberta	Arizona	Arkansas	California	Colorado	Connecticut	Delaware
Dst. of Columbia	Florida	Georgia	Idaho	Illinois	Indiana	Iowa
Kansas	Kentucky	Louisiana	Maine	Maryland	Massachusetts	Michigan
Minnesota	Mississippi	Missouri	Montana	Nebraska	New Hampshire	New Jersey
New Mexico	New York	North Carolina	North Dakota	Ohio	Oklahoma	Oregon
Pennsylvania	Rhode Island	South Carolina	South Dakota	Tennessee	Texas	Utah
Virginia	Washington	West Virginia	Wisconsin	Wyoming	Manitoba	Ontario
Prince Edward Island

(2) Furthermore, the Commissioner of Revenue has entered into bilateral intrastate reciprocity agreements with the jurisdictions of Georgia, Florida, and Indiana. These agreements permit intrastate vehicle operations between states party to the agreements for a period up to thirty (30) days.

(3) On May 8, 1962, the Commissioner of Revenue, acting under the authority of Title 51, Section 707, Code of 1940, as amended (now Section 40-12-262, Code of Alabama 1975), signed the resolution making the State of Alabama a member of and party to the agreement known as the Multistate Reciprocity Agreement Governing the Interstate Operation of Vehicles. (Authority: Sections 40-2A-7(a)(5), 32-6-56 and 40-12-262, Code of Alabama 1975); (History: Amended: Filed June 30, 2006, effective August 4, 2006)

810-5-1-.473 Distribution of Monies Received from Registrants under the International

Registration Plan.

(1) Revenue received from registrants under the provisions of the International Registration Plan are to be distributed in accordance with Sections 40-12-269 and 40-12-270, Code of Alabama 1975, as amended. The registration fees received from registrants based in Alabama will be distributed under Section 40-12-270(a) 2b, according to the residence of the registrant declared on his application for apportioned registration. Monies received from registrants not based in Alabama will be distributed to the counties and municipalities of this state under Section 40-12-270(a) 2b, according to the distribution of the in-state based registration fees.

(2) It will be the duty of the appropriate official of any county or municipality having a lawful distribution contrary to Sections 40-12-269 and 40-12-270 to advise the Department of Revenue in writing of such distribution, and the Department is to be held blameless without such notification. (Authority: Sections 40-2A-7(a)(5), 32-6-56, 40-12-269 and 40-12-270, Code of Alabama 1975) (History: Amended: Filed June 2, 2006, effective July 7, 2006)

810-5-1-.475. Registration Fees from International Registration Plan Jurisdictions.

(1) John J. Breckenridge, Assistant Counsel, Legal Division, Department of Revenue, in an informal opinion under the date of February 8, 1982, stated the following concerning exemptions found in Section 40-12-248, Code of Alabama 1975: "Since the terms "farm produce" and "farm products" necessarily connotates some connection with a farm, it is my opinion that the terms must necessarily involve transportation from a farm to either a manufacturer or a market. Thus, when a farm product has been in some way processed by a manufacturer, then the motor vehicle which transports the items from the manufacturer to a market or a retailer would not be considered as transporting farm products and would not be entitled to the exception."

(2) The impact of the above opinion is to require the registration of vehicles hauling farm produce, farm product, and forest products on a compensated basis with the Exempt Commodities For Hire (C) license plate rather than the Private (P) license plate category.

(3) In that the exempt commodity license plate has previously been one basically for intrastate use by coal haulers, the exempt commodity rates were not furnished to the International Registration Plan jurisdictions. Now that a significant number of Alabama registrants will be subject to the exempt commodity rates, registrants in other International Registration Plan jurisdictions hauling "Exempt Commodities" should be subject to the higher fee category.

(4) The term "exempt commodities" refers to the fact that the commodity is exempt from the regulation of the Interstate Commerce Commission or the various jurisdictional Public Service or Public Utility Commissions. In that differing regulatory commissions exempt (or regulate) different commodities the following guidelines are to be used in collecting Alabama registration fees:

(a) On the Type of Operation segment of Schedule B, registrants indicating "Common Carrier Exempt Commodities" will pay fees based on the Alabama fee schedule for Exempt Commodities as found in Section 40-12-248(d).

(b) Registrants indicating "Household Goods Carrier" will pay fees based on the Alabama fee schedule for Private Carrier as found in Section 40-12-248(c)

(d) Registrants indicating "Haul for Hire" will pay fees based on the Alabama fee schedule for For Hire carriers as found in Section 40-12-248(d).

(e) Registrants indicating "Rental Company" will pay fees based on the Alabama fee schedule for Private Carriers as found in Section 40-12-248 (c).

(f) Registrants indicating two categories will pay fees based on the higher fee schedule. (Authority: §§32-6-56 and 40-12-248)

810-5-1-.476.01 Enforcement As To Alabama Apportioned Vehicles, License Plates, and Cab Cards.

(1) The International Registration Plan Apportioned Cab Card is a motor vehicle registration receipt as described in § 32-6-65, Code of Alabama 1975.

(2) A current, valid apportioned license plate, assigned by the Department of Revenue, must be properly displayed on the designated vehicle by the last day of the vehicle's designated renewal month. Additionally, the vehicle's current registration cab card must be carried in the vehicle by the same date. Enforcement will begin the first day of the month that immediately follows the renewal month, provided, when the last day of the designated renewal month falls on a Saturday, Sunday, or holiday, the enforcement date will be the day following the first work day of the subsequent month.

(3) In lieu of the above registration, a valid trip permit or temporary vehicle registration will temporarily satisfy registration requirements.

(4) Alabama carriers traveling into other states should ascertain the requirements of those states before entering them.