Did a Texas vehicle with dealer temporary tags still need working tail lights and brake lights?

Texas AG Opinion JM-372: Dealer Tags and Brake Lights

Plain-English summary

The district attorney asked whether a vehicle displaying a valid Dealer's Temporary Cardboard Tag still had to have working tail lights and brake lights. The Attorney General concluded that it did. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1985/jm0372.pdf

Article 6686(a)(4) exempted vehicles bearing dealer temporary tags from the mechanical inspection requirements in sections 140 and 141 of article 6701d. That meant the vehicle did not need to display a valid inspection certificate while covered by the exemption. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1985/jm0372.pdf

The exemption named only sections 140 and 141. It did not exempt the vehicle from sections 111 and 118, which imposed the tail-light and brake-light requirements. A valid dealer tag therefore did not permit operation without those lights working. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1985/jm0372.pdf

Currency note

This opinion was issued in 1985. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did dealer temporary tags eliminate every equipment requirement?

No. The opinion read the exemption as limited to the mechanical inspection provisions expressly named in article 6686(a)(4). Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1985/jm0372.pdf

Did a tagged vehicle need a valid inspection certificate?

Under the law discussed in 1985, a vehicle bearing the qualifying dealer temporary tags was exempt from the compulsory inspection requirements in sections 140 and 141 and did not have to display a valid inspection certificate. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1985/jm0372.pdf

Why did the tail-light and brake-light rules still apply?

The statutory exemption referred to sections 140 and 141, not sections 111 and 118. The Attorney General declined to extend the exemption beyond the provisions the legislature named. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1985/jm0372.pdf

Could a dealer use these tags for personal driving?

The quoted statute said the tags could not be used to operate vehicles for the personal use of a dealer or the dealer's employees. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1985/jm0372.pdf

Background and statutory framework

Article 6686(a)(4) allowed a dealer holding a distinguishing number to use temporary cardboard tags for specified dealer activities, including demonstrations, transfers between business locations, trips for repair or service, delivery from an unloading point, and road testing. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1985/jm0372.pdf

The same provision expressly exempted vehicles being conveyed under the dealer-tag authority from sections 140 and 141 of the Uniform Act Regulating Traffic on Highways. The opinion treated that wording as a limited inspection exemption rather than a general exemption from vehicle-equipment law. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1985/jm0372.pdf

Citations and references

• V.T.C.S. art. 6686(a)(4)
• V.T.C.S. art. 6701d, §§ 111, 118, 140, 141

Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1985/jm0372.pdf

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0372
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1985/jm0372.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.

The Attorney General of Texas

November 4, 1985

Honorable Lowell C. Holt
Criminal District Attorney
P. O. Box 730
Gilmer, Texas 75644

Opinion No. JM-372

Re: Whether a vehicle with a valid Dealer's Temporary Cardboard Tags must have properly operating tail and brake lights

Dear Mr. Holt:

You request our opinion regarding the following: Is a vehicle with a valid Dealer's Temporary Cardboard Tag, as authorized by article 6686(a)(4), V.T.C.S., required to have properly operating tail lights and brake lights as required by sections 111 and 118 of article 6701d, V.T.C.S.

Article 6686(a)(4) provides:

(4) Dealer's Temporary Cardboard Tags. Each dealer holding a current distinguishing number may issue temporary cardboard tags, which may only be used by such dealer or his employees for the following purposes:

(a) to demonstrate or cause to be demonstrated his unregistered vehicles to prospective buyers only for the purpose of sale; provided, however, that no provision of this Act shall be construed to prohibit a dealer from permitting a prospective buyer to operate such vehicles in the course of demonstration.

(b) to convey or cause to be conveyed his unregistered vehicles from the dealer's place of business in one part of the State to his place of business in another part of the State, or from his place of business to a place to be repaired, reconditioned, or serviced, or from the point in this State where such vehicles are unloaded to his place of business, including the moving of such vehicles from the State line to his place of business, or to convey such vehicles from one dealer's place of business to another dealer's place of business or from the point of purchase of such vehicles by the dealer to the dealer's place of business, or for the purpose of road testing, and such vehicles displaying such tags while being so conveyed shall be exempt from the mechanical inspection requirements of Sections 140 and 141 of the Uniform Act Regulating Traffic on Highways.

Such tags shall not be used to operate vehicles for the personal use of a dealer or his employees. Whenever a dealer sells an unregistered vehicle to a retail purchaser, it shall be such dealer's responsibility to display the Buyer's Temporary Cardboard Tag thereon pursuant to Subsection (3) of this Act. The specifications, form, and color of such dealer's cardboard tags shall be prescribed by the Department. (Emphasis added).

This provision specifically exempts any motor vehicle bearing a dealer's temporary cardboard tags from the compulsory inspection requirements of the Uniform Act regulating traffic on highways. See V.T.C.S. art. 6701d, §§ 140, 141. Thus, these vehicles are not required to display a valid certificate of inspection. See V.T.C.S. art. 6701d, § 140. However, we do not believe that this exemption would allow the owner of the vehicle displaying the Dealer Temporary Cardboard Tag to circumvent the requirements of sections 111 and 118 of article 6701d, V.T.C.S.

The provision exempts vehicles having such temporary tags from the requirements of article 6701d, sections 140-141. It does not exempt them from the requirements of sections 111 and 118. Thus, such vehicles must comply with the requirements of sections 111 and 118.

SUMMARY

A vehicle operated with a valid Dealer's Temporary Cardboard Tag, as authorized by article 6686(a)(4), V.T.C.S., is required to have properly operating tail lights and brake lights as required by sections 111 and 118 of article 6701d, V.T.C.S.

Very truly yours,

JIM MATTOX
Attorney General of Texas

MARY KELLER
Executive Assistant Attorney General

ROBERT GRAY
Special Assistant Attorney General

RICK GILPIN
Chairman, Opinion Committee

Prepared by Tony Guillory
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs
Nancy Sutton
Sarah Woelk