(Click here to view Numeric Index)
(Click
here to download Rulebook in PDF format)
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
(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
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
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
(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
810-5-1-.206 Military Exemptions and the
(1) Active members of the United
States Armed Forces Reserve, who are residents of
(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
(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
(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)
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
(2) Retired members of the Alabama National Guard with twenty
(20) years or more service, who are residents of
(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
(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
(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
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;
(c) License plates for utility and travel trailers;
(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)
(c) Public Utility Departments
(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
(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
(2) Retired members of the Alabama National Guard with twenty
(20) years or more service, who are residents of
(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
(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-.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
(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,
(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
(6) If someone is issued a current
and valid
(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
(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)
(c) Dealer and dealer motorcycle plates and Manufacturer plates (see Section 40-12-264).
(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)
810-5-1.215. 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
(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
(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
(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-.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
(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
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) Section 40-12-240, 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,” and “vehicle” as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway.” Section 40-12-240, further defines the term “truck tractor” as “every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicles and load so drawn.”
(2) Section 40-12-251, Code of Alabama 1975, 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.”
(3) The term “motor tractor” as defined in Section 40-12-251, and the term “truck tractor” as defined in Section 40-12-240, can be used interchangeably.
(4) In addition to those exemptions contained in Section 40-12-251 the term "off-the-road machinery" 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)
(5) Pursuant to the above mentioned sections of the Alabama Motor Vehicle License and Registration laws, off road machinery is exempt from the registration requirements due to the following:
(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.
(c) it is not designed to transport or to draw persons or property upon the highway.
(6) The following are some of the criteria which may be used to define off road machinery:
(a) Off road machinery is not designed or used primarily for the transportation of persons or property and is only incidently operated or moved over the highway.
(b) Off road machinery is designed to primarily perform the functions of lifting and lowering real or personal property.
(c) Off road machinery chassis is 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) Off road machinery chassis cannot, without substantial structural modification, be used as a component of a vehicle designed to transport persons or property on the highway.
(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. (Author: James P. Starling) (Authority: Sections 40-2A-7(a)(5), 40-2-11, 40-12-272 and 32-6-218, Code of Alabama 1975) (History: Adopted through APA August 11, 1982.) (Amended: Filed January 7, 2010, effective February 11, 2010.)
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
(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
(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,
(c) Telephone number 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
(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
(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
(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.
(c) Use of dealer or manufacturer license plates
on service vehicles.
(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
(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
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
(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
(3)
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
810-5-1-.228. The
Issuance of Temporary License Tags/Registration Certificates by the Judge of
Probate or Other
(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
(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
(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
(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
(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
(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
(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
(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
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
(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.
(c) Paying the additional fee provide under
'32-6-150, as amended, plus any standard fees due.
(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-.236 God Bless
(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)
(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
(2) A
PRR document may be issued by ADOR or the owner’s
(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.
(c) Vehicle’s VIN, year, make, and
model.
(d) Vehicle’s current
(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
(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
(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
(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
(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
(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;
(c) The trailer is abandoned;
(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
to remove the
(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
(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
(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
(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
(6) Vintage plates shall be of the category
that is appropriate to the type of vehicle being registered (examples: an
(7) As
(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
(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,
(13) As with standard Vintage Vehicle license
plates, in the event the vehicle displaying the original
(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
810-5-1-.243 Registering Trucks
with Gross Weights up to 12,000 Pounds.
(1) Section 40-12-248(c), Code of
(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
(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
(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
(b) In a case where a vehicle with a valid
registration is stolen and later recovered and reregistered.
(c) When an owner sells a motor vehicle, and
later has to repossess the vehicle.
(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:
(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
(1) The provisions of this rule are
applicable to non-commercial vehicles owned and operated by non-residents of
(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
(4) The vehicle owner(s) may register the
vehicle anytime during the 30 day period; provided, that on the 31st day,
liability for
(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
(6) If a non-resident enters the State of
(7) In the event that a non-resident enters
(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,
(10) In accordance with policy positions of
the American Association of Motor Vehicle Administrators (AAMVA),
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.
(c) Date of sale.
(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,
(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;
(c) MV:IRP-C
– International Registration Plan Supplemental 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
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)
(8)
(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;
(c)
Certified bank check;
(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
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
(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:
(d) Dealer plates are restricted.
(e)
810-5-1-.451 Prerequisites
to Issuance of Apportioned License Plates or Cab Cards.
(1)
(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
(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
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
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
(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
(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
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,
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
(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
(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.
(c)
An owner-operator was not authorized by the carrier to obtain the
registration.
(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
(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
(5) Persons who are denied the apportionment
privilege may appeal to the Administrative Law Division pursuant to Section
40-2A-8, Code of
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
(4) Trip Permits will be
required in other member jurisdictions if an
810-5-1-.471
(1) Under
the Authority of Section 40-12-262, Code of
|
|
|
|
|
|
|
|
|
Dst. of |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) Furthermore,
the Commissioner of Revenue has entered into bilateral intrastate reciprocity
agreements with the jurisdictions of
(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
(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
(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
(a) On the Type of Operation segment of Schedule
B, registrants indicating "Common Carrier Exempt Commodities" will
pay fees based on the
(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)
(c) Registrants indicating "Private
Carrier" will pay fees for Private Carriers as found in Section
40-12-248(c).
(d) Registrants indicating "Haul for
Hire" will pay fees based on the
(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
(1) The International Registration Plan
Apportioned Cab Card is a motor vehicle registration receipt as described in §
32-6-65, Code of
(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)
(5)
The International Registration Plan cab card must be carried in the
vehicle.
(6) Enforcement personnel will inspect the
International Registration Plan cab card for verification that a vehicle is
properly registered. The cab card must
not be mutilated or altered in any way, and must be presented to law
enforcement personnel upon demand. One
refusing or failing to furnish the apportioned cab card may be subject to arrest
and prosecution as provided by Section 40-12-262, Code of
(7) Anyone
altering or found operating a vehicle with an altered International
Registration Cab Card, may be subject to arrest and prosecution under the
provisions of Section 40-12-262, Code of
810-5-1-.479 Proof of
Residency Requirements for Applicants for Registration Under the International
Registration Plan.
(1) Applicants attempting to register vehicles
under the provisions of the International Registration may be required to
furnish proof of residency in the State of
(2)
The registrant may be required to give a sworn, notarized statement that he is
a resident of the State of Alabama on forms provided by the Department of
Revenue, and further may be required to produce an Alabama driver's
license. Section 40-12-263, Code of
Alabama 1975, states that "no truck, semi-trailer truck, road tractor
or other like motor vehicle used for hire or for commercial purposes which is
owned by a nonresident of this state shall be registered in this state except
as may be otherwise provided in or authorized or required by Section
40-12-262". Furthermore, this section provides that "any person who
knowingly makes a false statement in applying for the registration of a motor
vehicle pursuant to this section is
guilty of a misdemeanor and upon conviction shall be punished as prescribed by
law."
(3)
Failure to provide the required proof will be sufficient reason for the
Department of Revenue to deny registration.
(4)
Anyone who is denied registration as a non-resident may appeal to the
Administrative Law Division of the Department of Revenue pursuant to Section
40-2A-8, Code of
810-5-1-.482. Classification
Codes for License Plates.
(1) The Commissioner of Revenue is of the opinion
that Section 32-6-52, Code of
(2) In order to determine if vehicles are bearing
the proper license tag classification of the Commissioner of Revenue has
determined that a code should be established for each classification and
imprinted on the license tag.
(3) The following are designated as
classification codes.
|
BB |
Battleship
Commission |
D |
Dealer
and Dealer Motorcycles |
DT |
Dealer
Transit |
|
CO |
County
Owned Vehicles |
CM |
County
Owned Motorcycles |
F |
Farm
Products |
|
FT |
Fleet
Rental Trailers |
HS |
Helping
Schools |
K |
Commercial
Hearses and Ambulances |
|
L |
|
M |
Motorcycles |
MOH |
Medal of
Honor |
|
MU or MUN |
City
Owned Vehicles |
MM |
City
Owned Motorcycles |
POW |
Prisoner
of War |
|
PUD |
Public
Utilities |
Q |
Commercial
Buses |
R |
Motor
Homes |
|
RS |
Rescue
Squad Unit and Member Vehicles |
RT |
Rental
Trailers |
S |
State
Owned Vehicles |
|
ST |
State
Troopers |
T |
One year
Apportioned Trailers |
TR |
One year
Non-Apportioned Trailers |
|
TM |
Multi-Year
Trailers |
TL |
Travel
Trailers |
UT |
Utility
Trailers |
|
X |
Trucks
and Truck Tractors over 8,000 lbs. Gross Weight |
XL |
Restricted
Tractors |
Z |
Commercial
Taxis |
(Authority: §§32-6-52,
32-6-53, 40-12-241, 40-12-242, 40-12-245, 40-12-246, 40-12-247, 40-12-248 and
40-12-252, Code of Alabama 1975) (Adopted January 28, 1992)
810-5-1-.483. Staggered
Registration of Motorcycles, Travel Trailers and Utility Trailers.
(1) WHEREAS, Section 32-6-61, Code of
(2) WHEREAS, the majority of motor vehicles
defined as motorcycles, utility trailers and travel trailers are owned by
individuals for their private use; and
(3) WHEREAS, county license plate issuing
officials have requested that these vehicles be renewed/revalidated based on
the first letter of an individual's last name the following procedures are
hereby adopted.
(4) Beginning October 1, 1994, license tags or
plates issued to motorcycles, travel trailers and utility trailers owned by
individuals shall be issued on a staggered registration basis and in the same
month as that designated to purchase standard license plates for their private
automobiles and pickup trucks.
(5) To implement these provisions, the licensing,
registration and taxation may be for periods less than or greater than 12
months during the conversion year beginning October 1, 1994.
(6) In accordance with Section 32-6-63, renewal
decals shall be issued to these license plate categories the same as for
standard license plates for private automobiles and pickup
trucks. (Authority: §40-2-11) (Adopted April 25, 1994)
810-5-1-.484 Licensing, Registration, Expiration, Etc.
(1) The licensing, registration, ad valorem taxation of
International Registration Plan (IRP) vehicles shall be on a monthly, staggered
basis. When fees are paid and all other
registration requirements for a vehicle(s) are met, registration credentials
will be issued to the registrant.
(2) The
Department of Revenue assigns renewal months to registrants in order to ensure
that registrations are equally distributed in order to establish a more
efficient registration system.
(3)
Vehicles registered under the International Registration Plan staggered
registration system are reregistered during the months of January through
October.
(4)
All IRP registrations expire on the last day of
the month assigned by the Department as the renewal month for the
vehicle/fleet; provided, if the last day of the month falls on a Saturday,
Sunday, or state holiday, the IRP registrations expire on the day following
the first business day of the succeeding month.
(5) Anyone who has paid apportioned registration fees prior to the upcoming registration year whose vehicle is subsequently sold, or otherwise disposed of prior to the upcoming registration year, or anyone