N E W S B U L L E T I N F R O M S TAT E O F A L A B A M A D E PA R T M E N T O F R E V E N U E , M O T O R V E H I C L E D I V I S I O N
Requirements for a Designated Agent Note: Thanks to director Brenda R. Coone for using her insight to use this publication as a means to inform and remind dealers in the state of Alabama about issues that will affect them and about matters coming up. She is continuing a longstanding tradition of cooperation
Alabama dealers. This bulletin is very timely and pertinent to licensed dealers and their ability to continue to do business in Alabama. It was written on the department’s behalf by Don Clemons, title section supervisor for the
for taking the time to write this and for expressing concern for our dealers by informing them of upcoming actions by the department prior to enforcement deadlines. All dealers are required to be designated agents of the Alabama Department of Revenue. Section 32-8-34 (b), Code of Alabama 1975, states “every dealer, as a designated agent of the department.” What does that mean? It means dealers must register with the Alabama Division as designated agents, attend an
a title application with the department. It
license.
applications for each other. If you have a state dealer regulatory license, you must
Designated Agent” application to the department. On receipt of a proper application, the department will send the dealer a surety bond for completion.
Who is considered a dealer? Section 32-8-2 (2), Code of Alabama 1975, as licensed as an automobile or motor vehicle dealer, or travel trailer dealer, and engaged regularly in the business of buying, selling or exchanging motor vehicles, trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor vehicles or travel trailers, and having in this state an established place of business.” What is ETAPS? ETAPS is an acronym for the Electronic Title Application Processing System. The system generates, saves and submits title application data and required fees to the department. When must I apply to become a designated agent? As soon as possible. To accommodate the number of dealers who have not begun the application process to register as a designated agent, the department will delay enforcement of How do I become a designated agent?
form to the department. Alabama law provides that the dealer or persons shall enter into a bond with a corporate surety authorized to do business in this state as surety thereon, payable to the state of Alabama. The amount of the surety bond is ten thousand dollars ($10,000), conditioned on the faithful performance of their duties under this chapter. The dealer is required to attend one (1) ETAPS training class. For a schedule of ETAPS training classes, please visit the
If you have any concerns or inquiries about this issue and do not have access to ETAPS, please contact Don Clemons at titles@revenue.alabama.gov.
BY DON CLEMONS
TITLE SECTION SUPERVISOR, MOTOR VEHICLE DIVISION
NHTSA Warns of Counterfeit Airbags WA R N I N G
Chinese-made counterfeit airbags have been used as replacement parts for as many as 230,000 used vehicles that have been involved in a crash over the past three years, the
original equipment parts right down to the manufacturer’s logo, either don’t deploy at all The airbags are being sold to independent repair shops as original equipment, the NHTSA said. The agency has compiled a list of makes and models for which the counterfeit airbags are known to exist, but admitted it does not yet know the “full scope and scale of the problem” and said the list is likely to “evolve over time.” The list is available at www.safercar.gov. Cars that have had their airbags replaced by independent shops or by airbags purchased online during the past three years are at risk, the NHTSA said. Owners of such vehicles are asked to contact the call center established by their car’s manufacturer to have the vehicle inspected and the airbag replaced if necessary. The list of call centers and other information is also available at www.safercar.gov. In August, federal agents arrested a North Carolina auto mechanic and discovered more than 1,500 counterfeit airbags, according to various media reports. The case was reportedly linked to a case last year in Tennessee, in which a Chinese citizen pleaded guilty The NHTSA said no deaths or injuries have been tied to the counterfeit bags but said it is unclear whether police accident investigators would be able to identify a fake airbag from a real one after a wreck. 10
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