When Daniel Rocha walked into his local car dealership earlier this month, he never expected to get embroiled in a legal battle.
The Prosper, Texas, resident was simply looking for a replacement vehicle after his son recently died in a car accident. Instead, a grief-stricken Rocha found himself in the middle of a dispute between the police department and Proper’s Longo Toyota.
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Moments after the truck was taken out for a test drive, Rocha was stopped by an officer and given a citation for “driving a vehicle without license plates.”
“This was going on with these dealers,” Rocha said He said WFAA-TV.
Rocha added that the officer then told him: “So we can do this.” [the dealerships] Stick around, we’ll start citing customers.” Then he was handed a $250 ticket.
But is it fair for innocent agents to be caught in the crosshairs of an ongoing problem between police and agents?
Agency mistakes cost clients
The Prosper Police Department confirmed Rocha’s account, telling WFAA-TV that the dealership is responsible for making sure their vehicles have the proper tags.
“Failure to properly display dealer tags on vehicles being tested is a violation of Texas law and could pose a safety risk, which could result in enforcement action by law enforcement,” a statement to the news outlet said. “Under state law, vehicle operators must bear responsibility for any citations if this law is ignored.”
A general manager at the agency also confirmed the incident with WFAA-TV; However, they claim this is the first time police have issued a citation to one of their agents.
Usually, dealers are supposed to issue a demo plate for a test drive. In Texas, they are referred to as Authorized agent sign It is intended only for “test drives, loaners, road tests, and transportation to and from the auction, another dealer, or other service.”
The police tactic of issuing citations to customers is supposedly meant to scare people away from buying cars from dealerships that don’t have plates in place for a test drive. In this case it worked: Rocha didn’t buy the truck.
Regarding the $250 ticket, Rocha claims the agent offered to reimburse him — but only by adjusting the ticket Car estimate To take the cost of the ticket into account.
The general manager denied that they had only offered Rocha payment by deducting the car.
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So, who is responsible?
In Texas, all private vehicles driven on public roads or highways must have front and rear license plates Otherwise face fines Up to $200. However, laws differ for dealerships and test drives for customers.
Agents are required To apply and use metal dealer tags on vehicles being test driven.
In accordance with Texas Transportation Code second. 503.063the dealer is responsible for ensuring the license plate is displayed correctly and is “responsible for loss or misuse of license plates.”
This law may appear to conflict with the Prosper Police Department’s position that Clients Can also be responsible for agency marks.
However, Texas Transportation Code § 504.943 operates a vehicle without a license plate Countries “Any person commits a crime if he drives on a public road, during the registration period, a motor vehicle that does not carry two license plates.”
In this case, Prosper’s Longo Toyota dealership was not operating the vehicle according to the law, because it lacked dealer plates. However, transportation law provides a loophole that could cause a customer to take a test drive and be found to be liable.
This could leave any consumer vulnerable to similar citations if they went to test drive a car without plates.
If you find yourself in a similar situation, make sure you have a valid rear license plate — or an authorized dealer tag — before taking the dealer’s car out for a test drive. (Some states require a front license plate as well.)
As for Rocha, he now faces a court date and trial, all while grieving for the son he lost just two months ago. “I would rather have my son here… me [was] “I’m just looking for a car,” he told WFAA-TV.
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