06 LC 34
0544S
The
House Committee on Motor Vehicles offers the following substitute to HB
1052:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia
Annotated, relating to registration and licensing of motor vehicles, so as to
provide for a distinguishable transporter license plate; to amend Chapter 47 of
Title 43 of the Official Code of Georgia Annotated, relating to used motor
vehicle and used motor vehicle parts dealers, so as to provide for definitions;
to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating
to registration and licensing of motor vehicles, is amended by striking Code
Section 40-2-38, relating to registration and licensing of dealers,
manufacturers, and persons transporting motor vehicles and mobile homes, in its
entirety and inserting in its place the following:
∀40-2-38.
(a)(1)
Manufacturers, distributors, and dealers engaged in the manufacture, sale, or
leasing of vehicles required to be registered under Code Section 40-2-20 shall
register with the commissioner, making application for a distinguishing
dealeŕs
number, specifying the name and make of motor vehicle, tractor, or trailer
manufactured, sold, or leased by them, upon forms prepared by the commissioner
for such purposes, and pay therefor a fee of $62.00, which shall accompany such
application. Upon payment of such fee by a dealer, the commissioner shall
furnish to the dealer one master number plate to expire December 31 of each
year, to be known as a
dealeŕs
number and to be distinguished from the number plates provided for in this
chapter by different and distinguishing colors to be determined by the
commissioner. The dealer plate for a franchise motor vehicle dealer shall be
distinguishable from the dealer plate for a used car dealer
and from the
dealer plate for a motor vehicle
wholesaler. A
dealeŕs
number plate is for the purpose of demonstrating or transporting
dealeŕs
vehicles or trailers for sale or lease. Persons engaged in the business of
transporting vehicles for a dealer under a
vehiclés
own power shall be permitted to use such
dealeŕs
plate for the purpose of transporting a vehicle.
(1)(2)
No dealer may use or permit to be used a
dealeŕs
number for private use or on cars for hire, for lease, or other manner not
provided for in this Code section. A dealer may use or permit to be used a
dealeŕs
number for private use on vehicles owned by the dealership, regardless of
whether such vehicle has been issued a certificate of title or registered, when
such vehicles are operated by an employee or corporate officer of the dealer
which has been issued such number. A distinguishing
dealeŕs
number used by an employee or officer for private use shall authorize such
person to operate the vehicle to which the number is attached on the public
highways and streets. For purposes of this paragraph, 'employee' means a person
who works a minimum of 36 hours per week at the dealership.
(2)(3)
The
manufactureŕs
or
distributoŕs
license plate is limited to no longer than six
monthś
use per vehicle. Upon payment of such a fee by a manufacturer or distributor,
the commissioner shall issue to manufacturers and distributors number plates
with the word 'Manufacturer' or 'Distributor' on such plates. Nothing in this
subsection shall preclude a manufacturer or distributor from using a
'Manufacturer' or 'Distributor' number plate on motor vehicles it owns when such
vehicles are used for evaluation or demonstration purposes, notwithstanding
incidental personal use by a manufacturer or distributor. A dealer may apply
for one or more distinguishing
dealeŕs
numbers. In the event the dealers, distributors, or manufacturers desire more
than one tag, they shall so state on the application, and, in addition to the
fee of $62.00 provided in this Code section, shall pay $12.00 for each and every
additional number plate furnished.
(b)
Dealer plates shall be issued in the following manner:
(1)
Dealers shall be issued a master plate and two additional plates, for a total of
three initial plates; and
(2)
In addition to the three dealer plates issued in accordance with paragraph (1)
of this subsection, each dealer may also be issued one additional dealer plate
for every 20
retail
units sold in a calendar year.
In
order to determine the additional number
and
classification of plates to be issued to a
dealer, a dealer shall be required to certify
by
affidavit to the department the number of
retail and
wholesale units sold in the prior calendar
year using the past motor vehicle sales history of the dealer
as identified
by department records of documentation approved by the
department. If no sales history is
available, the department shall issue a number of plates based on an estimated
number of sales for the coming calendar year. The department may, in its
discretion,
request
documentation supporting sales history and
may increase or decrease the number
and
classification of plates issued based on
actual sales.
(c)
Persons engaged in the business of transporting mobile homes and house trailers
for others shall likewise be entitled to obtain license plates under this Code
section. The commissioner is authorized to promulgate rules and regulations
covering the issuance of plates to such persons; provided, however, this Code
section shall not apply in any manner to farm tractors.
(d)(c)
This Code section shall not apply in any manner to mopeds as such term is
defined in Code Section 40-1-1.
(e)(d)
The license plates issued pursuant to this Code section shall be revoked and
confiscated upon a determination after a hearing that such dealer, distributor,
or
manufacturer,
or person engaged in transporting mobile homes and house
trailers has unlawfully used such license
plates in violation of this Code section.
(f)(e)
If a license plate issued pursuant to this Code section is lost or stolen, the
dealer, manufacturer, distributor, or other party to whom the license plate was
issued must immediately report the lost or stolen plate to local law enforcement
agencies. If a replacement license plate is sought, the dealer, manufacturer,
distributor, or other party to whom the license plate was issued shall file a
notarized affidavit with the department requesting a replacement plate. Such
affidavit shall certify under penalty of perjury that the license plate has been
lost or stolen and that the loss has been reported to a local law enforcement
agency.∀
SECTION
2.
Said
article is further amended by inserting a new Code section immediately following
Code Section 40-2-38, relating to registration and licensing of dealers,
manufacturers, and persons transporting motor vehicles and mobile homes, to read
as follows:
∀40-2-38.1.
(a)
A person engaged in the business of the limited operation of a motor vehicle for
any of the following purposes may obtain a transporter plate authorizing the
movement of the vehicle for the specific purpose:
(1)
To facilitate the delivery of new or used motor vehicles, trucks, or buses
between manufacturers, distributors, dealers, sellers, or
purchasers;
(2)
To move a mobile office, a mobile classroom, a mobile or manufactured home, or a
house trailer;
(3)
To drive a motor vehicle that is part of the inventory of a dealer to and from a
motor vehicle trade show or exhibition or to, during, and from a parade in which
the motor vehicle is used; or
(4)
To drive special mobile equipment in any of the following
circumstances:
(A)
From the manufacturer of the equipment to a facility of a dealer;
or
(B)
From one facility of a dealer to another facility of a dealer.
(b)
This Code section shall not be construed to require a motor vehicle dealer to
obtain transporter plates in order to transport vehicles for sale or
lease.
(c)
A person may obtain a transporter plate by filing an application with the
Department of Revenue and paying the required fee. The fee for an initial
transporter plate shall be $62.00 and the fee for all additional plates shall be
$12.00. An application for a transporter plate must be on a form provided by
the department and must contain the information required by the department. The
department is authorized to promulgate regulations consistent with this Code
section.
(d)
Transporter plates issued under this Code section shall be distinguishable from
dealer, wholesaler, manufacturer, or distributor plates, as provided for in Code
Section 40-2-38.
(e)
During the year for which it is issued, a person may transfer a transporter
plate from one vehicle to another so long as the vehicle is driven only for a
purpose authorized by subsection (a) of this Code section. In order to obtain a
transporter plate, an applicant must demonstrate to the department compliance
with all applicable federal and state laws.
(f)
The license plates issued pursuant to this Code section shall be revoked and
confiscated upon a determination after a hearing that an applicant has
unlawfully used such license plates for purposes other than those expressly
permitted by this Code section.
(g)
If a license plate issued pursuant to this Code section is lost or stolen, the
dealer, manufacturer, distributor, or other party to whom the license plate was
issued must immediately report the lost or stolen plate to local law enforcement
agencies. If a replacement license plate is sought, the dealer, manufacturer,
distributor, or other party to whom the license plate was issued shall file a
notarized affidavit with the department requesting a replacement plate. Such
affidavit shall certify under penalty of perjury that the license plate has been
lost or stolen and that the loss has been reported to a local law enforcement
agency.
(h)
This Code section shall not in any way apply to farm
tractors.∀
SECTION
3.
Chapter
47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor
vehicle and used motor vehicle parts dealers, is amended in Code Section
43-47-2, relating to definitions relative to the Used Motor Vehicle
Dealerś
and Used Motor Vehicle Parts
Dealerś
Registration Act, by striking subparagraph (A) of paragraph (17) and inserting
in lieu thereof a new subparagraph (A) and a new paragraph (19) to read as
follows:
∀(17)(A)
'Used motor vehicle dealer,' 'used car dealer,' or 'licensee' means any person
who, for commission or with intent to make a profit or gain of money or other
thing of value, sells, exchanges, rents with option to purchase, offers, or
attempts to negotiate a sale or exchange of an interest in used motor vehicles
or who is engaged wholly or in part in the business of selling used motor
vehicles, whether or not such motor vehicles are owned by such person. A motor
vehicle
wholesaler and
a motor vehicle broker shall be deemed to
be a used motor vehicle dealer or a used car dealer for the purposes of this
chapter. Any independent motor vehicle leasing agency which sells or offers for
sale used motor vehicles shall be deemed to be a used motor vehicle dealer or a
used car dealer for the purposes of this chapter. Any motor vehicle auction
company selling or offering for sale used motor vehicles to independent motor
vehicle dealers or to individual consumers shall be deemed to be a used motor
vehicle dealer or used car dealer for the purposes of this chapter except as
otherwise provided in division (x) of subparagraph (B) of this paragraph.
Without limiting any of the foregoing, the sale of five or more used motor
vehicles in any one calendar year shall be prima-facie evidence that a person is
engaged in the business of selling used motor vehicles. Financial institutions
as used in this chapter shall not include a pawnbroker as defined in Code
Section 44-12-130; provided, however,
that
a pawnbroker who disposes of all repossessed motor vehicles by selling or
exchanging his or her interest in such motor vehicles only to licensees under
this chapter shall not be considered a used motor vehicle dealer under this
chapter as long as such pawnbroker does not otherwise engage in activities which
would bring him or her under the licensing requirements of this
chapter.∀
∀(19)
'Wholesaler' means a person who sells or distributes used motor vehicles to
motor vehicle dealers in this state, has a sales representative in this state,
or controls any person who offers for sale, sells, or distributes any used motor
vehicles to motor vehicle dealers in this
state.∀
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.