40-3-37
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40-3-37.
(a)
As used in this Code section, the term:
(1)
'Application for a certificate of title on a recovered stolen motor vehicle'
means an application for a certificate of title for a motor vehicle for which an
insurance company has paid a total loss claim, has obtained a title marked
'unrecovered stolen motor vehicle,' and which has subsequently been recovered.
(2)
'Application for a certificate of title on a salvaged or rebuilt motor vehicle'
means:
(A)
An application for a certificate of title for a motor vehicle for which a
current Georgia certificate of title is marked 'salvage' pursuant to subsection
(e) of Code Section 40-3-36 and which has been repaired;
(B)
An application for a certificate of title for a motor vehicle for which a
current out-of-state certificate of title is marked 'salvage,' 'rebuilt,' or
'restored' or any similar such phrase; or
(C)
An application for a certificate of title for a motor vehicle for which a
current Georgia certificate of title is marked 'salvage' pursuant to subsection
(e) of Code Section 40-3-36 and for which the transferee is anyone other than a
licensed dealer as defined in Code Section 43-48-2.
(b)(1)
Upon receipt of an application for a certificate of title on a salvaged or
rebuilt motor vehicle, the commissioner shall promptly conduct an initial
inspection on each such motor vehicle prior to the issuance of a certificate of
title for the motor vehicle. Upon receipt of an application for a certificate of
title on a recovered stolen motor vehicle which has been stripped of:
(A)
Substantially all its interior parts;
(B)
Engine;
(C)
Transmission;
(D)
All doors;
(E)
Complete soft top assembly including roof mechanism;
(F)
Front clip assembly (fenders, hood, and bumper); or
(G)
Cab and bed of a pick-up truck,
the
commissioner shall promptly conduct an initial inspection on each such motor
vehicle prior to the issuance of a certificate of title for the motor vehicle.
The initial inspection shall include, but shall not be limited to, verification
of the vehicle identification number, verification of the bills of sale or title
for the major components, verification in regard to rebuilt vehicles that the
word 'rebuilt' is permanently affixed as required by subsection (d) of this Code
section, verification that the vehicle was rebuilt in the State of Georgia, and,
if the vehicle has been repaired, verification that the motor vehicle conforms
to all safety equipment standards required by law. The commissioner shall be
authorized to charge a fee of $100.00 for each initial inspection of each motor
vehicle. In the event a motor vehicle fails an inspection, a fee of $100.00
shall be charged for each subsequent reinspection. The commissioner may conduct
any such initial inspection and any required reinspections even though the motor
vehicle may have been previously inspected under this Code section.
(2)
If, upon inspection under paragraph (1) of this subsection, it is determined
that the motor vehicle is not in full compliance with the law, the commissioner
shall refuse to issue a certificate of title until compliance is reached. The
commissioner may order additional, corrective repairs to such vehicle as a
condition of issuance of a certificate of title.
(c)
All applications submitted pursuant to this Code section shall be accompanied by
one or more photographs of the motor vehicle in its salvaged condition before
any repairs have been made to such vehicle, which photographs shall be used by
the commissioner in his or her inspections of the vehicle pursuant to this Code
section. Any person who rebuilds or repairs a salvage motor vehicle shall submit
an application for a certificate of title and obtain an inspection of such
vehicle prior to the painting of such vehicle.
(d)(1)(A)
Upon inspection under subsection (b) of this Code section, if it is determined
that the motor vehicle has been restored to an operable condition by the
replacement of two or more major component parts, a certificate of title may be
issued for such motor vehicle which shall contain the word 'rebuilt' on its face
in such manner as the commissioner shall prescribe. This requirement will
indicate to all subsequent owners of the motor vehicle that such is a rebuilt
motor vehicle. If any such inspection determines that the motor vehicle shall
require the replacement of less than two major component parts in order to
restore the motor vehicle to an operable condition, a certificate of title shall
be issued for such motor vehicle which shall contain the words
'salvaged-repaired' on its face in such manner as the commissioner shall
prescribe. This requirement will indicate to all subsequent owners of the motor
vehicle that such is a salvaged-repaired motor vehicle.
(B)
If it is determined that the motor vehicle required or shall require the
replacement of two or more major component parts in order to restore the motor
vehicle to an operable condition, the person, firm, or corporation restoring or
owning such motor vehicle shall cause the word 'rebuilt' to be permanently
affixed to said motor vehicle after inspection by the commissioner. The word
'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or
such other location as the commissioner may prescribe. The word 'rebuilt' shall
be stamped on the motor vehicle or shall be stamped on a metal plate which shall
be riveted to the motor vehicle or shall be permanently affixed to the motor
vehicle in such manner as the commissioner may prescribe. The requirement of
this subparagraph shall only apply to motor vehicles restored after November 1,
1982.
(2)
Upon inspection by the commissioner and compliance with paragraph (2) of
subsection (b) of this Code section, if it is determined that the motor vehicle
does not require the replacement of two or more major components or has not had
two or more major components changed, a certificate of title shall be issued and
shall contain the words 'salvaged-repaired' on its face.
(3)
If, after the initial inspection, the commissioner determines that the damage is
so extensive that returning such vehicle to a safe, operable condition is
impossible, the salvage certificate shall be revoked and such vehicle may only
be used for scrap or parts. A vehicle for which such a determination is made
shall not be issued a title under any circumstances or conditions including but
not limited to obtaining of a surety bond.
(e)
Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose
current certificate of title is marked 'salvage' shall make application for and
obtain a certificate of title as provided in this Code section prior to the sale
or transfer of said motor vehicle. If, under the laws of any other state, a
vehicle has been declared to be nonrebuildable, the commissioner shall not issue
any certificate of title for such vehicle and the vehicle shall not be used for
any purpose except parts.
(f)(1)
Motorcycles which are over 25 years old shall be exempt from the salvage laws of
this state.
(2)
Motor vehicles which have been altered by the installation of a glider kit shall
be issued a certificate of title containing the word 'rebuilt.'