Texas man pulled over while test driving a truck – got a ticket because the dealership didn't attach a license plate

When Daniel Rocha walked into his local car dealership earlier this month, he never expected to be embroiled in a legal battle.

The Prosper, Texas resident was simply looking for a replacement vehicle after the recent death of his son in a car accident. Instead, the already grieving Rocha found himself in a conflict between the police department and the proper dealership, Longo Toyota.

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Moments after taking a truck for a test drive, Rocha was pulled over by an officer and given a citation for “driving without a license plate.”

“He said that's what's going on with these dealers,” Rocha told WFAA-TV.

Rocha added that the officer then told him: “'To make us [the dealerships] Comply, we're going to start quoting customers.'” He was then given a $250 ticket.

But is it fair for innocent customers to get caught up in the ongoing issue between the police and the dealership?

Dealership mistakes cost customers

The Prosper Police Department confirmed Rocha's account, telling WFAA-TV it's the dealership's responsibility to make sure their vehicles have the correct tags.

“Failure to properly display dealer tags on test-driven vehicles may result in violations of Texas law and safety risks, potentially resulting in enforcement action by law enforcement,” read a statement to the news outlet. “Under state law, vehicle operators are 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 the police have issued a citation to one of their customers.

Generally, dealers are supposed to issue a demo plate for test drives. In the state of Texas, they are referred to as an authorized agent tag and are only for “test drive, loaner, road test and auction, transport from another dealer or service”.

The police tactic of issuing citations to customers is probably to scare people away from buying cars from dealerships that don't have the correct plates for a test drive. In this case, it worked: Rocha didn't buy the truck.

As for the $250 ticket, Rocha claims the dealership offered to refund him — albeit only with adjustments Car estimate Based on ticket price.

The general manager denied that they only offered Rocha retribution through car discounts.

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So, who is responsible?

In the state of Texas, all private vehicles driven on public streets or highways must have front and rear license plates or face a fine of up to $200. However, the law is different for dealership and customer test-drives.

Dealerships are required to apply and use metal dealer tags on test driven vehicles.

Pursuant to Texas Transportation Law Sec. 503.063, the dealer is responsible for ensuring that license plates are properly displayed and is “responsible for missing or misused license plates.”

This law may appear to contradict the position of the Prosper Police Department customers Can also be attributed to dealership tags.

However, Texas Transportation Code § 504.943 Operation of Vehicle Without License Plate states that “if a person operates on a public highway, during a registration period, a motor vehicle that does not display two license plates, commits a crime.”

In this case, the Prosper dealership's Longo Toyota was not driving as per the law, as it did not have dealer plates. However, the Transportation Code provides a loophole that could see a customer liable on a test drive.

This could leave any consumer vulnerable to similar citations if they test drive a vehicle without plates.

If you find yourself in a similar situation, make sure to have a valid rear license plate — or an authorized agent tag — before taking the car to the dealership for inspection. (Some states require a front license plate as well.)

As for Rocha, she now faces a citation and a court date, just two months after she mourned the son she lost. “I'd rather have my son here… me [was] Just looking for a vehicle,” he told WFAA-TV.

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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.