(Effective January 1, 2021) Exemptions

1. Law
2. Georgia Code
3. Professions and Businesses
4. Trauma Scene Waste Management Practitioner
5. (Effective January 1, 2021) Exemptions

1. As used in this Code section, the term "person" shall have the same meaning as provided in Code Section 43-46A-5.
2. Nothing in this chapter shall apply to a medical practice or medical facility or a subsidiary thereof that is subject to the laws and regulations of the federal Occupational Safety and Health Administration.
3. Nothing in this chapter shall apply to the cleanup of property owned by a person by such person.
4. Nothing in this chapter shall apply to the gratuitous cleanup, removal, or remediation of trauma scene waste performed for the owner of any property by individuals who are not doing so as part of a commercial enterprise for the cleanup or removal of trauma scene waste, including, but not limited to, individuals who are family, friends, or neighbors of such owner; provided, however, that nothing in this subsection shall prevent such owner from offering such individuals a gratuity at his or her election.

(Code 1981, §43-46A-10, enacted by Ga. L. 2020, p. 661, § 1/HB 417.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2020, "43-46A-5" was substituted for "35-11-5" in subsection (a).

CHAPTER 47 USED MOTOR VEHICLE AND USED MOTOR VEHICLE PARTS DEALERS

Sec.

• 43-47-1. Short title.
• 43-47-2. Definitions.
• 43-47-3. Creation of board; composition; terms of office; vacancies; election of chairperson; divisions.
• 43-47-4. Division director as secretary of board.
• 43-47-5. Reimbursement of board members.
• 43-47-6. General powers and duties of board.
• 43-47-7. Required license; records.
• 43-47-8. License applications; prerequisites; license fees; renewal; training or test; supplemental licenses; bonds; insurance; suspension for conviction or false statement; meetings.
• 43-47-8.1. Penalty.
• 43-47-8.2. Place of business; temporary sites; penalties.
• 43-47-9. Contents of licenses; display of licenses; endorsement of change of business location on licenses.
• 43-47-10. Investigation of licensees by board; suspension or revocation of license; other sanctions.
• 43-47-11. Hearings before board as to suspension of or revocation of licenses.
• 43-47-11.1. Registration with commissioner of motor vehicle safety; application for dealer's registration plate.
• 43-47-12. Maintenance of records by licensees; possession of vehicle or parts as evidence of purchase for resale.
• 43-47-13. Local regulation and licensing.
• 43-47-14. Fines for violation of chapter.
• 43-47-15. Compliance with "Motor Vehicle Certificate of Title Act" required.
• 43-47-16. Licensees to furnish certain information to purchasers.
• 43-47-17. Consent to inspection as condition of licensure.
• 43-47-18. Impoundment of used vehicles displayed for sale at unlicensed facilities.
• 43-47-19. Sales on consignment basis.
• 43-47-20. Prior rules remain valid.
• 43-47-21. Civil penalty; civil actions; right of private action; persons already licensed to make changes at time of renewal of license.
• 43-47-22. Penalty; injunctions.

Cross references.

- Motor vehicle chop shops, T. 16, C. 8, A. 4.

Restrictions on location of junkyards, and screening and fencing requirements for junkyards, § 32-6-240 et seq.

Requirements regarding transfer of certificates of title by dealers in motor vehicles, § 40-3-32.

Junk dealers, T. 43, C. 22.

Scrap metal processors, T. 43, C. 43.

OPINIONS OF THE ATTORNEY GENERAL

Constitutionality under First Amendment.

- Failure of O.C.G.A. T. 43, C. 47 to include an exemption for religious organizations does not violate the First Amendment of the United States Constitution. 1999 Op. Att'y Gen. No. 99-8.

Neither the Secretary of State nor the joint-secretary has authority superior to lawful directives of board. 1958-59 Op. Att'y Gen. p. 269.

One denied "dealer tags" for failure to register not entitled to refund of occupational tax.

- One who has paid an occupational tax as a used car dealer but who is prohibited from receiving and using "dealer tags" because of a failure to register under Ga. L. 1958, p. 55, §§ 1, 12 (see now O.C.G.A. §§ 43-47-7,43-47-12) is not entitled to a refund of the occupational tax. 1969 Op. Att'y Gen. No. 69-167.

Antique used car dealers must register.

- If seller of antique automobiles is a "used car dealer" as defined in Ga. L. 1958, p. 55, § 2 (see now O.C.G.A. § 43-47-2), the seller must register and obtain a license as provided in Ga. L. 1958, p. 55, §§ 1, 12 (see now O.C.G.A. §§ 43-47-7 and43-47-12). 1969 Op. Att'y Gen. No. 69-386.

Church that accepts donations of used motor vehicles and resells the vehicles must be licensed as a used motor vehicle dealer under O.C.G.A. T. 43, C. 47, unless the church would otherwise qualify for a statutory exemption. 1999 Op. Att'y Gen. No. 99-8.

Rental and leasing companies subject to regulation.

- Rental and leasing companies which engage in the business of buying, selling, trading, soliciting, offering, displaying, or advertising the sale of used motor vehicles to licensed dealers or to consumers are regulated by O.C.G.A. T. 43, C. 47, unless otherwise exempted. 1981 Op. Att'y Gen. No. 81-51.

Auto rental or leasing company coming within the statutory definition of "wholesale used car dealer" or "retail used car dealer" is subject to the same regulation as any other used car dealer under O.C.G.A. T. 43, C, 47, unless the company can show that the company comes within an exception provided in former O.C.G.A. § 43-47-2(6)(B). 1981 Op. Att'y Gen. No. 81-51.

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

Misrepresentation in Automobile Sales, 13 Am. Jur. Trials 253.

Automobile Warranty Litigation, 39 Am. Jur. Trials 1.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.

Validity, construction, and application of statutes or ordinances licensing, or otherwise regulating, business of selling motor vehicles, 126 A.L.R. 740; 57 A.L.R.2d 1265; 7 A.L.R.3d 1173.

Constitutionality, construction, and application of statutes or other regulations regarding sale or offer for sale of used automobiles, 134 A.L.R. 647.

Practices forbidden by state deceptive trade practice and consumer protection acts, 89 A.L.R.3d 449.

Validity, construction, and application of state statutes regulating dealings between automobile manufacturers, dealers, and franchisees, 82 A.L.R.4th 624.

Who is "automobile manufacturer" for purposes of the Automobile Dealers Day in Court Act (15 U.S.C.S. § 1221 et seq.), 51 A.L.R. Fed. 812.

Download our app to see the most-to-date content.