Section 75IAC5-2-3. Dealer registration; plates and restrictions

   (a) This section governs the issuance to, and maintenance by, a boat dealer of a dealer registration and two (2) dealer plates under IC 9-31-3-19. A boat dealer registration is effective for not more than twelve (12) months.

  (b) In addition to the requirements for a certificate of registration under IC 9-31-3, the following requirements must be met by a boat dealer who holds a dealer registration:

(1) A boat dealer who wishes to receive a dealer registration shall be licensed and make an application for the dealer registration. A fee of ten dollars ($10) must accompany the application for a dealer registration.

(2) A dealer registration (and two (2) plates) must not be used to test or demonstrate more than one (1) watercraft at a time.

(3) A dealer registration must be used exclusively in the usual and customary conduct and operation of the business of the boat dealer.

(4) A dealer registration must not be used on a watercraft for which a boat dealer charges or receives compensation from a person other than an employee of the dealer.

(5) A dealer registration must not be used on a watercraft leased or rented by the boat dealer to another person.

(6) A dealer registration must not be used on a watercraft in excess of ten (10) days by a prospective buyer or service customer.

(7) A dealer registration must not be used for the personal use of a boat unless the boat dealer or an employee of the boat dealer is present on the watercraft during its operation. To qualify as an employee under this subdivision, a bona fide employment relationship must be established by the boat dealer with the individual who claims to be an employee.

(8) A dealer registration must not be used to circumvent the watercraft registration requirements under IC 9-31-4 [IC 9-31-4 was repealed by P.L.92-2013, SECTION 77, effective July 1, 2013.] and 140 IAC 9-4, including those requirements relating to taxation. An unlawful use of a dealer registration may be demonstrated by a boat dealer's possession of a watercraft on which a dealer registration is affixed:

(A) beyond the usual and customary period of time in the industry for holding a watercraft in inventory; or

(B) outside of the boat dealer's inventory for sale.

(9) A dealer registration must not be loaned, leased, or sold to a person who is not authorized to use the dealer registration or to a person who has or could obtain a classification of dealer registration as a result of that person's business.

(Secretary of State; 75 IAC 5-2-3; filed Jun 7, 1993, 10:00 a.m.: 16 IR 2356; readopted filed Jul 30, 2001, 10:31 a.m.: 24 IR 4232; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; readopted filed Nov 13, 2013, 3:25 p.m.: 20131211-IR-075130451RFA) NOTE: Transferred from the Bureau of Motor Vehicles (140 IAC 9-3-3) to the Secretary of State (75 IAC 5-2-3) by P.L.106-2008, SECTION 54, effective July 1, 2008.