Bill Text: GA HB900 | 2011-2012 | Regular Session | Introduced
Bill Title: Motor vehicles; cancellation of a certificate of title for scrap metal, dismantled or demolished trailers; provide
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-07-01 - Effective Date [HB900 Detail]
Download: Georgia-2011-HB900-Introduced.html
12 HB
900/AP
House
Bill 900 (AS PASSED HOUSE AND SENATE)
By:
Representative Rice of the
51st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
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 cancellation of a certificate of title for scrap metal,
dismantled, or demolished trailers in a manner similar to motor vehicles, to
help prevent trailer theft by persons seeking to sell stolen trailers for scrap
metal; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
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 revising paragraphs
(1) and (2) of subsection (a) of Code Section 40-3-36, relating to cancellation
of certificates of title for scrap, dismantled, or demolished vehicles, salvage
certificate of title, administrative enforcement, and removal of license plates,
as follows:
"(a)(1)
Any registered owner or authorized agent of a registered owner who in any manner
sells or disposes of any
vehicle,
including a trailer, as scrap metal or
parts only or who scraps, dismantles, or demolishes a vehicle shall within 72
hours mail or deliver the certificate of title to the commissioner for
cancellation.
(2)
Notwithstanding any other provision of this article to the contrary, if the
owner or authorized agent of the owner has not obtained a title in his or her
name for the
vehicle,
including a trailer, to be transferred, or
has lost the title for the vehicle
or
trailer to be transferred, he or she may
sign a statement swearing that, in addition to the foregoing conditions, the
vehicle or
trailer is at least 12 model years old and
is worth $850.00 or
less, if the
vehicle was used as a motor vehicle, or $1,700.00 or less if the vehicle was
used as a trailer
and is at
least 12 model years old. The statement
described in this paragraph may be used only to transfer such a vehicle to a
licensed used motor vehicle parts dealer under Code Section 43-47-7 or scrap
metal processor under Code Section 43-43-1. The department shall promulgate a
form for the statement which shall include, but not be limited to:
(A)
A statement that the vehicle
or
trailer shall never be titled again; it
must be dismantled or scrapped;
(B)
A description of the vehicle
including,
where applicable, the year, make, model,
vehicle identification number, and color;
(C)
The name, address, and driver's license number of the owner;
(D)
A certification that the owner:
(i)
Never obtained a title to the vehicle in his or her name; or
(ii)
Was issued a title for the vehicle, but the title was lost or
stolen;
(E)
A certification that the vehicle:
(i)
Is worth $850.00 or
less, or
$1,700.00 or less if the vehicle is a
trailer;
(ii)
Is at least 12 model years old; and
(iii)
Is not subject to any secured interest or lien;
(F)
An acknowledgment that the owner realizes this form will be filed with the
department and that it is a felony, punishable by imprisonment for not fewer
than one nor more than three years or a fine of not less than $1,000.00 nor more
than $5,000.00, or both, to knowingly falsify any information on this
statement;
(G)
The owner's signature and the date of the transaction;
(H)
The name, address, and National Motor Vehicle Title Information System
identification number of the business acquiring the vehicle;
(I)
A certification by the business that $850.00 or
less, or
$1,700.00 or less if the vehicle is a
trailer, was paid to acquire the vehicle;
and
(J)
The business agent's signature and date along with a printed name and title if
the agent is signing on behalf of a corporation."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
