Oct 18, 2024
When Daniel Rocha walked into his local car dealership earlier this month, he never expected to get swept up in a legal battle.
The Prosper, Texas, resident was simply looking for a replacement vehicle following the recent death of his son in a car accident. Instead, the already grief-stricken Rocha found himself in the midst of a feud between the police department and the Longo Toyota of Proper dealership.
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Moments after taking a truck out for a test drive, Rocha was pulled over by an officer and given a citation for "operating a vehicle without license plates."
"He said this has been ongoing with these dealers," Rocha told WFAA-TV.
Rocha added that the officer then told him: "'In order for us to make [the dealerships] abide, we're going to start citing the customers.’” He was then handed a $250 ticket.
But is it fair for innocent customers to get caught in the crosshairs of an ongoing issue between police and dealerships?
Dealership mistakes are costing customers
The Prosper Police Department confirmed Rocha’s account, telling WFAA-TV that it’s the dealership’s responsibility to ensure their vehicles have proper tags.
"Failure to properly display dealer tags on test-driven vehicles is a violation of Texas law and can pose safety risks, potentially resulting in enforcement action by law enforcement,” read a statement to the news outlet. “Under state law, vehicle operators are held responsible for any citations if this law is ignored."
A general manager at the dealership also confirmed the incident with WFAA-TV; however, they claim this is the first time police had issued a citation to one of their customers.
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Typically, dealers are supposed to issue a demo plate for test drives. In the state of Texas, they’re referred to as an authorized agent tag and they’re meant solely for “test drives, loaners, road tests and transportation to and from the auction, another dealer, or service.”
The police tactic of issuing citations to the customers is presumably meant to scare people out of buying cars from dealerships that don’t have plates properly in place for test drives. In this case, it worked: Rocha didn’t buy the truck.
With regards to the $250 ticket, Rocha claims the dealership offered to reimburse him — albeit only by adjusting the vehicle estimate to factor in the cost of the ticket.
The general manager has denied that they only offered Rocha the reimbursement via vehicle discount.
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So, who is responsible?
In the state of Texas, all private vehicles driven on public roads or highways must have front and rear license plates or else face fines of up to $200. However the laws differ for dealerships and customer test-drives.
Dealerships are required to apply, and use, metal dealer tags on vehicles being test driven.
According to Texas Transportation law Sec. 503.063, the dealer is the one responsible for ensuring the license plate is properly displayed and is “liable for missing or misused license plates."
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This law may seem at odds with the Prosper police department's stance that the customers can also be held responsible for the dealership tags.
However, Texas Transportation Code § 504.943 Operation Of Vehicle Without License Plate states that “a person commits an offense if the person operates on a public highway, during a registration period, a motor vehicle that does not display two license plates.”
In this case, the Longo Toyota of Prosper dealership was not operating a vehicle according to the law, since it lacked dealer plates. However, the transportation code offers a loophole that could see a customer out on a test drive found responsible.
This can leave any consumer vulnerable to similar citations if they go for a test drive in a vehicle without plates.
If you find yourself in a similar situation, ensure that there is a valid rear license plate — or an authorized agent tag — before taking a dealership car out for a test spin. (Some states require a front license plate as well.)
As for Rocha, he now faces a citation and court date, all while grieving the son he lost only two months ago. "I would rather have my son here… I [was] just looking for a vehicle," he told WFAA-TV.
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Danielle is a personal finance writer based in Ohio. Her work has appeared in numerous publications including Motley Fool and Business Insider. She believes financial literacy key to helping people build a life they love.
