08 LC 34
1525S
The
House Committee on Motor Vehicles offers the following substitute to HB
950:
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 registration and licensing of assembled motor vehicles and
motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of
Georgia Annotated, relating to certificates of title for motor vehicles, so as
to provide for the issuance of certificates of title to owners of assembled
motor vehicles and motorcycles; to provide for related matters; 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.
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 revising Code
Section 40-2-27, relating to registration of motor vehicles not manufactured to
comply with federal emission and safety standards applicable to new motor
vehicles, by adding a new subsection to read as follows:
"(d)
Before a certificate of registration is issued for an assembled motor vehicle or
motorcycle, such assembled motor vehicle or motorcycle shall have been issued a
certificate of title in Georgia and shall comply with the provisions of Code
Section 40-3-30.1."
SECTION
2.
Article
2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating
to certificates of title for motor vehicles, is amended by adding a new Code
section to read as follows:
"40-3-30.1.
(a)
As used in this Code section and in Code Section 40-2-27, the term:
(1)
'Assembled motor vehicle or motorcycle' or 'kit motor vehicle or motorcycle'
means any motor vehicle or motorcycle that is:
(A)
Manufactured from a manufacturer´s kit or manufacturer´s fabricated
parts, including replicas and original designs:
(i)
By an owner;
(ii)
At the request of the owner by a third-party manufacturer of motor vehicles or
motorcycles; and
(iii)
Such manufacturer is not manufacturing and testing in accordance with federal
safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless
and until the United States Customs Service or the United States Department of
Transportation has certified that the motor vehicle complies with such
applicable federal standards;
(B)
A new vehicle and consists of a prefabricated body, chassis, and drive
train;
(C)
Handmade and not mass produced by any manufacturer for retail sale;
or
(D)
Not otherwise excluded from emission requirements and is in compliance with
Chapter 8 of Title 40, relating to equipment and inspection of motor
vehicles.
(2)
'Unconventional motor vehicle or motorcycle' means any motor vehicle or
motorcycle that is manufactured, including, but not limited to, all-terrain
vehicles, off-road vehicles, motorized carts, motor driven cycles, and mopeds,
and that is not in compliance with the following:
(A)
Chapter 8 of Title 40, relating to equipment and inspection of motor
vehicles;
(B)
Applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A.
Section 30101, et seq., unless and until the United States Customs Service or
the United States Department of Transportation has certified that the motor
vehicle complies with such applicable federal standards; or
(C)
Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section
7401 through Section 7642, the 'Clean Air Act,' as amended.
(b)
In addition to the requirements contained in Code Section 40-3-30, prior to the
issuance of a certificate of title to the owner of an assembled motor vehicle or
motorcycle, the owner shall cause such assembled motor vehicle or motorcycle to
be inspected in order to establish:
(1)
The existence of a verifiable Manufacturer´s Certificate of Origin (MCO) or
other verifiable documentation of purchase of all major components;
and
(2)
That such assembled motor vehicle or motorcycle complies with:
(A)
Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles;
and
(B)
If applicable, federal emission standards issued pursuant to 42 U.S.C.A. Section
7401 through Section 7642, the 'Clean Air Act,' as amended.
(c)
The inspection conducted under subsection (b) of this Code section shall only be
for the purpose of establishing that such assembled motor vehicle or motorcycle
is eligible to receive a certificate of title.
(d)
The department shall be authorized to charge an inspection fee.
(e)
Unconventional motor vehicles or motorcycles shall not be titled or
registered."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.