(Ga. L. 1971, p. 373, §§ 1-3; Ga. L. 1974, p. 8, § 1; Ga. L. 1976, p. 1413, § 1; Code 1933, § 68E-408, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, §40-8-77, enacted by Ga. L. 1982, p. 165, § 10; Ga. L. 1992, p. 2785, § 28.)
OPINIONS OF THE ATTORNEY GENERAL
"Private passenger automobile" construed.
- Any motor vehicle, meeting other requisites of Ga. L. 1971, p. 373 (see O.C.G.A. § 40-8-77), which is principally designed for use on public roads and highways and the carrying of passengers not for hire is a "private passenger automobile" within the coverage of these provisions, even though it might have subsidiary multi-purpose functions which did not fit within the definition. 1972 Op. Att'y Gen. No. 72-50; 1973 Op. Att'y Gen. No. 73-92.
Criteria for determination.- Legislative criteria behind these provisions was one of principal-design intention, and in every case the department's application or nonapplication would depend upon a conclusion as to whether the manufacturer had designed the vehicle principally for carrying passengers or whether the passenger-carrying capacity of the vehicle was strictly subsidiary to other functions not within the definition. 1973 Op. Att'y Gen. No. 73-92.
RESEARCH REFERENCES
Am. Jur. 2d.
- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 1, 184 et seq., 190, 191.
C.J.S.- 60 C.J.S., Motor Vehicles, §§ 1 et seq., 479, 480.
ALR.
- Express or implied warranty of quality, condition, or fitness of automobile or truck sold by retail dealer, 43 A.L.R. 648.
Express warranty as excluding implied warranty of fitness, 164 A.L.R. 1321.