PURPOSE: This rule replaces 12 CSR 10- 23.395 of the Motor Vehicle Bureau of the Department of Revenue and establishes safeguards to prevent unauthorized use of certificates of number.

1. (1) Whenever a boat dealer or manufacturer is no longer entitled to registration under section 301.560, RSMo through voluntary cessation of business, abandonment of a bona fide established place of business, failure to make six (6) sales per year, suspension or revocation of its registration, sale of the business or for any other reason, the certificates of number issued to that dealer immediately shall be surrendered to the director of the Motor Vehicle Commission regardless of the unexpired time remaining in the registration period applicable to the certificates of number.

2. (2) A boat dealer certificates of number are issued primarily for the purpose of allowing a potential buyer to test drive a vessel or vessel trailer owned and held for resale by a dealer. A secondary purpose is to allow the transportation of vessels and vessel trailers owned by a boat dealer or manufacturer and held for the purpose of resale. Therefore, a dealer certificate of number shall be displayed only on a vessel or vessel trailer that is—

   1. (A) Owned by the boat manufacturer/dealer; and
   2. (B) Held for resale.

3. (3) Vessels or vessel trailers on which the certificates of number are displayed may then be operated by—

   1. (A) A customer who is test driving the unit; or

   2. (B) An owner, officer or employee of the boat manufacturer/dealer.

      Rebecca McDowell Cook (2/28/92)*

4. (4) A certificate of number shall either be displayed on the outside of the vessel or be carried inside the vessel during any demonstration.

5. (5) In addition to obtaining a certificate of number, a boat dealer or manufacturer may obtain a metal boat dealer license plate solely for the purpose of demonstrating a vessel trailer that is owned by the dealer or manufacturer and held for resale. The boat dealer license plate may also be displayed on a vessel trailer which is transporting a vessel to an exhibit or show.

   1. (A) The boat dealer license plate shall be twelve inches by six inches (12" × 6") in size and shall contain the boat dealer’s registration number.

   2. (B) A boat dealer license plate may be obtained upon payment of the same fees specified in section 301.560(6), RSMo and shall expire on December 31 of each year. These fees are prorated on a monthly basis.

      1. 1. Example: Upon the payment of the

annual license fee set by law, a boat dealer shall be issued one (1) certificate of number for the purpose of test driving a vessel or one (1) boat dealer license plate for the purpose of demonstrating a vessel trailer.

1. (C) As many duplicate certificates of number or boat dealer license plates may be obtained as desired upon payments of the additional fee set by law for each additional certificate of number or boat dealer license plate requested. These fees are prorated on a monthly basis.

   1. 1. Example: Johnson Marina pays the

annual fifty-dollar ($50) registration fee to register as a Missouri boat dealer in January. It will be issued one (1) certificate of number or one (1) boat dealer license plate upon payment of this fee. Johnson Marina requests three (3) additional certificates of number and two (2) additional boat dealer license plates at that time of registration. It will be charged an additional ten dollars and fifty cents ($10.50) for each certificate of number and each boat dealer license plate requested.

1. 2. Example: Johnson Marina is a regis-

tered boat dealer and elects to obtain two (2) additional certificates of number and one (1) additional boat dealer license plate on April 5. Johnson Marina is required to pay the prorated fee of $7.88 × 3 = $23.64.

1. (6) Section 301.560, RSMo provides that a certificate of number may be displayed on any vessel or vessel trailer owned and held for resale by a boat dealer or manufacturer and used by a customer who is test driving the vessel or vessel trailer, or is used by an employee or officer, but shall not be dis- 12 CSR 60-2

played on any vessel or vessel trailer hired or loaned to others or upon any regularly used service vessel or vessel trailer. Therefore, dealer certificates of number shall not be displayed on the following:

1. (A) Vessel or vessel trailers that are rented or leased;
2. (B) Vessel or vessel trailers that are loaned to someone other than an owner, officer or employee of the dealership (for example, a dealer may not loan a vessel displaying a certificate of number to the dealer’s customer while the customer’s vessel is being serviced or repaired);
3. (C) Vessel or vessel trailers that are used for hauling or towing;
4. (D) Vessel or vessel trailers used by anyone who is not an officer or employee of the manufacturer/dealer (vessel or vessel trailers shall not be used by relatives of the employees and officers by virtue of that fact alone); or
5. (E) Vessel or vessel trailers that are not for resale.

AUTHORITY: section 301.553, RSMo (Cum. Supp. 1990).* Original rule filed Oct. 18, 1991, effective March 9, 1992.

*Original authority 1988, amended 1989.