07 LC 28
3285
House
Bill 144
By:
Representatives Reese of the
98th,
Coan of the
101st,
Lunsford of the
110th,
and Johnson of the
37th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 47 of Title 43 and Article 2 of Chapter 2 of Title 40 of the
Official Code of Georgia Annotated, relating to used motor vehicle and used
motor vehicle parts dealers and registration and licensing of motor vehicles,
respectively, so as to change certain exceptions concerning the sale or
advertising of used motor vehicles displayed or parked on property and the
practice of curbstoning; to provide criminal penalties for violations; to
provide for related matters; to provide for applicability; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
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 by revising Code
Section 43-47-8.1, relating to restrictions on sale or advertising of used motor
vehicles displayed or parked, as follows:
"43-47-8.1.
(a)(1)
An owner or lessee of any real property shall not authorize more than five used
motor vehicles within any 12 month period displayed or parked on such real
property for the purpose of selling or advertising the sale of such used motor
vehicles by the owner or lessee of such vehicles.
(2)
An owner or lessee of any real property shall not authorize more than two used
motor vehicles at the same time displayed or parked on such real property for
the purpose of selling or advertising the sale of such used motor vehicles by
the owner or lessee of such vehicles.
(3)
An owner or lessee of any used motor vehicle shall not display or park such used
motor vehicle on the real property of another for the purpose of selling or
advertising the sale of such used motor vehicle if the display or parking of
such vehicle will cause the owner or lessee of the real property to be in
violation of paragraph (1) or (2) of this subsection.
(4)
An owner or lessee of any used motor vehicle shall not display or park such used
motor vehicle on the real property of another for the purpose of selling or
advertising the sale of such used motor vehicle unless the owner or lessee of
such vehicle has the prior permission of the owner or lessee of the real
property.
(b)
The provisions of subsection (a) of this Code section shall not
apply:
(1)
If the owner or lessee of the vehicle displayed or parked is employed by the
owner or lessee of the real property on which the vehicle is displayed or
parked;
(2)
If the owner or lessee of the vehicle displayed or parked is conducting business
with the owner or lessee of the real property on which the vehicle is parked or
displayed at the time such vehicle is displayed or parked; or
(3)
If the real property on which a vehicle is displayed or parked is a parking lot
for which a fee is charged for the use of such parking lot and the owner or
lessee of the vehicle displayed or parked has paid the fee for the use of such
parking lot.
(c)(1)
An owner or lessee of any real property shall not authorize any used motor
vehicle to be displayed or parked on such real property for the purpose of
selling or advertising the sale of such used motor vehicle if such vehicle is
not lawfully titled and registered in the name of the individual or entity
offering such vehicle for sale in accordance with the applicable provisions of
Chapters 2 and 3 of Title 40.
(2)
A person shall not advertise, display, sell, or offer for sale any used motor
vehicle unless such vehicle is lawfully titled and registered in such
person´s name in accordance with the applicable provisions of Chapters 2
and 3 of Title 40.
(d)
Any law enforcement officer or agency, the board, or the owner or lessee of any
real property upon which a vehicle is displayed or parked in violation of
subsection (a) or (c) of this Code section for longer than 24 consecutive hours
may have any such vehicle towed from such real property and stored at the
expense of the owner or lessee of such vehicle and may then dispose of said
vehicle in accordance with Chapter 11 of Title 40, relating to abandoned motor
vehicles.
(e)
A violation of this Code section shall constitute an unfair or deceptive act or
practice and shall be a violation of Part 2 of Article 15 of Chapter 1 of Title
10, the 'Fair Business Practices Act of 1975.' A violation of this Code section
may be penalized as provided in Code Section 43-47-21 or any other applicable
provision of this Code, including but not limited to the 'Fair Business
Practices Act of 1975.'
(f)
This Code section shall not apply to any person licensed under this chapter or
to any franchised motor vehicle dealer or any subsidiary wholly owned or
controlled by such dealer. This Code section shall not eliminate or change the
requirement for any person to obtain a license under this chapter if such person
engages in any conduct or activity for which a license is required under this
chapter.
(g)
Any person who violates any provision of
this Code
section
Code Section
40-2-39.1 shall be deemed to be a licensee
for the purpose of imposing sanctions and penalties under this chapter and for
the purpose of granting the board jurisdiction over such
violator."
SECTION
2.
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 adding a new Code
Section 40-2-39.1 to read as follows:
"40-2-39.1.
(a)(1)
An owner or lessee of any real property shall not authorize more than five used
motor vehicles within any 12 month period displayed or parked on such real
property for the purpose of selling or advertising the sale of such used motor
vehicles by the owner or lessee of such vehicles.
(2)
An owner or lessee of any real property shall not authorize more than two used
motor vehicles at the same time displayed or parked on such real property for
the purpose of selling or advertising the sale of such used motor vehicles by
the owner or lessee of such vehicles.
(3)
An owner or lessee of any used motor vehicle shall not display or park such used
motor vehicle on the real property of another for the purpose of selling or
advertising the sale of such used motor vehicle if the display or parking of
such vehicle will cause the owner or lessee of the real property to be in
violation of paragraph (1) or (2) of this subsection.
(4)
An owner or lessee of any used motor vehicle shall not display or park such used
motor vehicle on the real property of another for the purpose of selling or
advertising the sale of such used motor vehicle unless the owner or lessee of
such vehicle has the prior permission of the owner or lessee of the real
property.
(b)
The provisions of subsection (a) of this Code section shall not
apply:
(1)
If the owner or lessee of the vehicle displayed or parked is employed by the
owner or lessee of the real property on which the vehicle is displayed or
parked;
(2)
If the owner or lessee of the vehicle displayed or parked is conducting business
with the owner or lessee of the real property on which the vehicle is parked or
displayed at the time such vehicle is displayed or parked; or
(3)
If the real property on which a vehicle is parked is a parking lot for which a
fee is charged for the use of such parking lot, the owner or lessee of the
parked vehicle has paid the fee for the use of such parking lot, and such
vehicle is legitimately parked on the property for purposes other than
displaying, selling, or advertising the sale of such vehicle.
(c)(1)
An owner or lessee of any real property shall not authorize any used motor
vehicle to be displayed or parked on such real property for the purpose of
selling or advertising the sale of such used motor vehicle if such vehicle is
not lawfully titled and registered in the name of the individual or entity
offering such vehicle for sale in accordance with the applicable provisions of
this chapter and Chapter 3 of this title.
(2)
A person shall not advertise, display, sell, or offer for sale any used motor
vehicle unless such vehicle is lawfully titled and registered in such
person´s name in accordance with the applicable provisions of this chapter
and Chapter 3 of this title.
(d)
Any law enforcement officer or agency, the board, or the owner or lessee of any
real property upon which a vehicle is displayed or parked in violation of
subsection (a) or (b) of this Code section for longer than 24 consecutive hours
may have any such vehicle towed from such real property and stored at the
expense of the owner or lessee of such vehicle and may then dispose of said
vehicle in accordance with Chapter 11 of this title.
(e)
A violation of this Code section shall constitute an unfair or deceptive act or
practice and shall be a violation of Part 2 of Article 15 of Chapter 1 of Title
10, the 'Fair Business Practices Act of 1975.' A violation of this Code section
may be penalized as provided in Code Section 43-47-21 or any other applicable
provision of this Code, including, but not limited to, the 'Fair Business
Practices Act of 1975.'
(f)
This Code section shall not apply to any person licensed under Chapter 47 of
Title 43 or to any franchised motor vehicle dealer or any subsidiary wholly
owned or controlled by such dealer. This Code section shall not eliminate or
change the requirement for any person to obtain a license under Chapter 47 of
Title 43 if such person engages in any conduct or activity for which a license
is required under Chapter 47 of Title 43.
(g)
Any person who violates this Code section shall be guilty of a misdemeanor and,
upon conviction thereof, shall be subject to a fine not to exceed $1,000.00 for
each violation or imprisonment for a period not to exceed 12 months, or
both."
SECTION
3.
This
Act shall be effective on July 1, 2007. Prosecutions for or cases involving any
violation of law occurring prior to the effective date of this Act shall not be
affected by the repeals or amendments made by it or abated by reason
thereof.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.