HB 1683 - Used motor vehicles; certain display on property; prohibit

First Reader Summary

A BILL to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle dealers and used motor vehicle parts dealers, so as to define and redefine terms; to make it unlawful for the owner or lessee of real property to allow to be or have certain used motor vehicles displayed or parked on such property for the purpose of selling or advertising the sale of such vehicles; and for other purposes.

Roberts, Lawrence R (162nd) Tillman, Eugene C (173rd) James, Lynmore (140th)
Status Summary HC: MotV SC: CAFF LA: 04/23/98 Signed by Governor
Page Numbers - 1/ 2/ 3/ 4/ 5
Code Sections - 43-47-8.1/ 43-47-8.2
House Action Senate
2/16/98 Read 1st Time 3/6/98
2/17/98 Read 2nd Time 3/12/98
2/26/98 Favorably Reported 3/12/98
Sub Committee Amend/Sub
3/3/98 Read 3rd Time 3/16/98
3/5/98 Passed/Adopted 3/16/98
FSFA Comm/Floor Amend/Sub
4/7/98 Sent to Governor
4/23/98 Signed by Governor
999 Act/Veto Number
4/23/98 Effective Date

HB 1683                                          HB 1683/FSFA 
 
      H. B. No. 1683 (FLOOR SUBSTITUTE)(AM) 
      By:  Representative Roberts of the 162nd 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 47 of Title 43 of the Official Code of 
  1- 2  Georgia Annotated, relating to used motor vehicle dealers 
  1- 3  and used motor vehicle parts dealers, so as to define and 
  1- 4  redefine terms; to make it unlawful for the owner or lessee 
  1- 5  of real property to allow to be or have certain used motor 
  1- 6  vehicles displayed or parked on such property for the 
  1- 7  purpose of selling or advertising the sale of such vehicles; 
  1- 8  to make it unlawful for the owner or lessee of certain used 
  1- 9  motor vehicles to display or park used motor vehicles on 
  1-10  certain property for the purpose of selling or advertising 
  1-11  the sale of such vehicles; to make it unlawful for the owner 
  1-12  or lessee of real property knowingly to allow certain used 
  1-13  motor vehicles to be displayed or parked on such property 
  1-14  for the purpose of selling or advertising the sale of such 
  1-15  vehicles unless such vehicles are lawfully titled and 
  1-16  registered in the name of the individual offering the 
  1-17  vehicle for sale; to make it unlawful for any individual or 
  1-18  entity to advertise, display, sell, or offer any used motor 
  1-19  vehicle for sale unless such vehicle is lawfully titled and 
  1-20  registered in the name of the individual or entity offering 
  1-21  the vehicle for sale; to provide exceptions to such unlawful 
  1-22  activity; to provide for the towing, storage, and 
  1-23  disposition of certain vehicles; to provide that certain 
  1-24  unlawful activity shall constitute an unfair or deceptive 
  1-25  act or practice; to provide for enforcement; to provide for 
  1-26  applicability; to provide for deemed licensees; to prohibit 
  1-27  certain activity except at an established place of business 
  1-28  or at a temporary site; to provide for related matters; to 
  1-29  provide an effective date; to repeal conflicting laws; and 
  1-30  for other purposes. 
 
  1-31       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-32                           SECTION 1. 
 
  1-33  Chapter 47 of Title 43 of the Official Code of Georgia 
  1-34  Annotated, relating to used motor vehicle dealers and used 
  1-35  motor vehicle parts dealers, is amended by adding to Code 
 
 
 
                                 -1- 
 
 
 
  2- 1  Section 43-47-2, relating to definitions, a new paragraph 
  2- 2  (15.1) to read as follows: 
 
  2- 3      "(15.1) 'Temporary site' means a location at which used 
  2- 4      motor vehicles are sold or offered for sale, which 
  2- 5      location is: 
 
  2- 6        (A) Used for a period not to exceed 96 hours in any 
  2- 7        one-month period of time; and 
 
  2- 8        (B) Located in the county which is within two counties 
  2- 9        of the county in which the established place of 
  2-10        business of the used motor vehicle dealer using the 
  2-11        temporary site is located." 
 
  2-12                           SECTION 2. 
 
  2-13  Said chapter is further amended by striking subparagraph (A) 
  2-14  of paragraph (17) of Code Section 43-47-2, relating to 
  2-15  definitions, and inserting in lieu thereof the following: 
 
  2-16        "(17)(A) 'Used motor vehicle dealer,' 'used car 
  2-17        dealer,' or 'licensee' means any person who, for 
  2-18        commission or with intent to make a profit or gain of 
  2-19        money or other thing of value, sells, exchanges, rents 
  2-20        with option to purchase, offers, or attempts to 
  2-21        negotiate a sale or exchange of an interest in used 
  2-22        motor vehicles or who is engaged wholly or in part in 
  2-23        the business of selling used motor vehicles, whether 
  2-24        or not such motor vehicles are owned by such person. A 
  2-25        motor vehicle broker shall be deemed to be a used 
  2-26        motor vehicle dealer or a used car dealer for the 
  2-27        purposes of this chapter. Any person who knowingly 
  2-28        allows the display of five or more used motor vehicles 
  2-29        on his or her real property within a 12 month period 
  2-30        by other persons for the purpose of offering such used 
  2-31        motor vehicles for sale, with intent to make a profit 
  2-32        or gain of money or other thing of value, shall be 
  2-33        deemed a licensee for the purposes of this chapter. 
  2-34        Any independent motor vehicle leasing agency which 
  2-35        sells or offers for sale used motor vehicles shall be 
  2-36        deemed to be a used motor vehicle dealer or a used car 
  2-37        dealer for the purposes of this chapter. Any motor 
  2-38        vehicle auction company selling or offering for sale 
  2-39        used motor vehicles to independent motor vehicle 
  2-40        dealers or to individual consumers shall be deemed to 
  2-41        be a used motor vehicle dealer or used car dealer for 
  2-42        the purposes of this chapter except as otherwise 
  2-43        provided in division (x) of subparagraph (B)(x) of 
 
 
                                 -2- 
 
 
 
  3- 1        this paragraph. Without limiting any of the foregoing, 
  3- 2        the sale of five or more used motor vehicles in any 
  3- 3        one calendar year shall be prima-facie evidence that a 
  3- 4        person is engaged in the business of selling used 
  3- 5        motor vehicles. Financial institutions as used in this 
  3- 6        chapter shall not include a pawnbroker as defined in 
  3- 7        Code Section 44-12-130; provided, however, a 
  3- 8        pawnbroker who disposes of all repossessed motor 
  3- 9        vehicles by selling or exchanging his or her interest 
  3-10        in such motor vehicles only to licensees under this 
  3-11        chapter shall not be considered a used motor vehicle 
  3-12        dealer under this chapter as long as such pawnbroker 
  3-13        does not otherwise engage in activities which would 
  3-14        bring him or her under the licensing requirements of 
  3-15        this chapter." 
 
  3-16                           SECTION 3. 
 
  3-17  Said chapter is further amended by adding new Code Sections 
  3-18  43-47-8.1 and 43-47-8.2 to read as follows: 
 
  3-19    "43-47-8.1. 
 
  3-20      (a)(1) An owner or lessee of any real property shall not 
  3-21      authorize more than five used motor vehicles within any 
  3-22      12 month period displayed or parked on such real 
  3-23      property for the purpose of selling or advertising the 
  3-24      sale of such used motor vehicles by the owner or lessee 
  3-25      of such vehicles. 
 
  3-26      (2) An owner or lessee of any real property shall not 
  3-27      authorize more than two used motor vehicles at the same 
  3-28      time displayed or parked on such real property for the 
  3-29      purpose of selling or advertising the sale of such used 
  3-30      motor vehicles by the owner or lessee of such vehicles. 
 
  3-31      (3) An owner or lessee of any used motor vehicle shall 
  3-32      not display or park such used motor vehicle on the real 
  3-33      property of another for the purpose of selling or 
  3-34      advertising the sale of such used motor vehicle if the 
  3-35      display or parking of such vehicle will cause the owner 
  3-36      or lessee of the real property to be in violation of 
  3-37      paragraph (1) or (2) of this subsection. 
 
  3-38      (4) An owner or lessee of any used motor vehicle shall 
  3-39      not display or park such used motor vehicle on the real 
  3-40      property of another for the purpose of selling or 
  3-41      advertising the sale of such used motor vehicle unless 
 
 
 
 
                                 -3- 
 
 
 
  4- 1      the owner or lessee of such vehicle has the prior 
  4- 2      permission of the owner or lessee of the real property. 
 
  4- 3    (b) The provisions of subsection (a) of this Code section 
  4- 4    shall not apply: 
 
  4- 5      (1) If the owner or lessee of the vehicle displayed or 
  4- 6      parked is employed by the owner or lessee of the real 
  4- 7      property on which the vehicle is displayed or parked; 
 
  4- 8      (2) If the owner or lessee of the vehicle displayed or 
  4- 9      parked is conducting business with the owner or lessee 
  4-10      of the real property on which the vehicle is parked or 
  4-11      displayed at the time such vehicle is displayed or 
  4-12      parked; or 
 
  4-13      (3) If the real property on which a vehicle is displayed 
  4-14      or parked is a parking lot for which a fee is charged 
  4-15      for the use of such parking lot and the owner or lessee 
  4-16      of the vehicle displayed or parked has paid the fee for 
  4-17      the use of such parking lot. 
 
  4-18      (c)(1) An owner or lessee of any real property shall not 
  4-19      authorize any used motor vehicle to be displayed or 
  4-20      parked on such real property for the purpose of selling 
  4-21      or advertising the sale of such used motor vehicle if 
  4-22      such vehicle is not lawfully titled and registered in 
  4-23      the name of the individual or entity offering such 
  4-24      vehicle for sale in accordance with the applicable 
  4-25      provisions of Chapters 2 and 3 of Title 40. 
 
  4-26      (2) A person shall not advertise, display, sell, or 
  4-27      offer for sale any used motor vehicle unless such 
  4-28      vehicle is lawfully titled and registered in such 
  4-29      person's name in accordance with the applicable 
  4-30      provisions of Chapters 2 and 3 of Title 40. 
 
  4-31    (d) Any law enforcement officer or agency, the board, or 
  4-32    the owner or lessee of any real property upon which a 
  4-33    vehicle is displayed or parked in violation of subsection 
  4-34    (a) or (c) of this Code section for longer than 24 
  4-35    consecutive hours may have any such vehicle towed from 
  4-36    such real property and stored at the expense of the owner 
  4-37    or lessee of such vehicle and may then dispose of said 
  4-38    vehicle in accordance with Chapter 11 of Title 40, 
  4-39    relating to abandoned motor vehicles. 
 
  4-40    (e) A violation of this Code section shall constitute an 
  4-41    unfair or deceptive act or practice and shall be a 
  4-42    violation of Part 2 of Article 15 of Chapter 1 of Title 
 
 
                                 -4- 
 
 
 
  5- 1    10, the 'Fair Business Practices Act of 1975.'  A 
  5- 2    violation of this Code section may be penalized as 
  5- 3    provided in Code Section 43-47-21 or any other applicable 
  5- 4    provision of this Code, including but not limited to the 
  5- 5    'Fair Business Practices Act of 1975.' 
 
  5- 6    (f) This Code section shall not apply to any person 
  5- 7    licensed under this chapter or to any franchised motor 
  5- 8    vehicle dealer or any subsidiary wholly owned or 
  5- 9    controlled by such dealer.  This Code section shall not 
  5-10    eliminate or change the requirement for any person to 
  5-11    obtain a license under this chapter if such person engages 
  5-12    in any conduct or activity for which a license is required 
  5-13    under this chapter. 
 
  5-14    (g) Any person who violates any provision of this Code 
  5-15    section shall be deemed to be a licensee for the purpose 
  5-16    of imposing sanctions and penalties under this chapter and 
  5-17    for the purpose of granting the board jurisdiction over 
  5-18    such violator. 
 
  5-19    43-47-8.2. 
 
  5-20    A used motor vehicle dealer shall not engage in any 
  5-21    activity as a used motor vehicle dealer except at such 
  5-22    dealer's established place of business which has been 
  5-23    registered under Code Section 40-2-38 or at temporary 
  5-24    sites not more than three times in any one calendar year." 
 
  5-25                           SECTION 4. 
 
  5-26  This Act shall become effective on the first day of the 
  5-27  month following the month in which it is approved by the 
  5-28  Governor or in which it becomes law without such approval. 
 
  5-29                           SECTION 5. 
 
  5-30  All laws and parts of laws in conflict with this Act are 
  5-31  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -5- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/28/98

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