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the Georgia Code
2006 Georgia Code - 40-3-2
40-3-2. As used in this chapter, the term:
(1) 'Boat trailer' means any vehicle
without motive power designed for carrying boats, either partially
or wholly on its own structure, which is being drawn by a
self-propelled vehicle and operated over the public roads of this
state. (2) 'Commissioner'
means the state revenue commissioner. (2.1) 'Department' means the Department of
Revenue. (3) 'Dealer' means a
'dealer' as defined in Code Section 40-1-1, to whom current dealer
registration plates have been issued by the commissioner.
(4) 'Homemade trailer' means a
vehicle without motive power, designed for carrying persons or
property either partially or wholly on its own structure and for
being drawn by a self-propelled vehicle other than a self-propelled
vehicle running exclusively on tracks, which trailer has been
manufactured and constructed from component parts for personal use
and not for the purpose of commercial resale. (5) 'Identifying number' means the numbers and
letters, if any, on a vehicle designated by the commissioner for
the purpose of identifying the vehicle. (6) 'Lien' means any lien created by operation
of law and not by contract or agreement with respect to a vehicle
and includes all liens mentioned in Code Section 44-14-320, other
than that in paragraph (5) thereof, and all liens for taxes due the
United States of America, constructive notice of which is given by
filing notice thereof in the office designated by state law.
(7) 'Lienholder' means a person
holding a lien created by operation of law on a motor
vehicle. (8) To 'mail' means
to deposit in the United States mail properly addressed and with
postage paid. (9) 'Major
component part' means any one of the following subassemblies of a
motor vehicle: (A) Front clip
assembly (fenders, hood, and bumper); (B) Rear clip assembly (quarter panels, floor
panel assembly, and roof assembly, excluding a soft top);
(C) Engine and transmission;
(D) Frame; or (E) Complete side (fenders, door, and quarter
panel). (9.1) 'Natural
person' means an individual human being and does not include any
firm, partnership, association, corporation, or trust.
(10) 'Rebuilt motor vehicle' means
any motor vehicle which has been damaged and subsequently restored
to an operable condition by the replacement of two or more major
component parts. (11)
'Salvage motor vehicle' means any motor vehicle:
(A) Which has been damaged to the
extent that its restoration to an operable condition would require
the replacement of two or more major component parts;
(B) For which an insurance company
has paid a total loss claim and the vehicle has not been repaired,
regardless of the extent of damage to such vehicle or the number of
major component parts required to repair such vehicle, but shall
not mean or include any stolen motor vehicle which has been
recovered with the public manufactureŕs
vehicle identification number plate intact and the vehicle:
(i) Is undamaged;
(ii) Has only cosmetic damage;
or (iii) Has been damaged but
only to the extent that its restoration to an operable condition
will not require the replacement of two or more major component
parts; (C) Which is an
imported motor vehicle which has been damaged in shipment and
disclaimed by the manufacturer as a result of the damage, has never
been the subject of a retail sale to a consumer, and has never been
issued a certificate of title. The term salvage motor vehicle shall not include
any motor vehicle for which a total loss claim has been paid which
vehicle has sustained only cosmetic damage from causes other than
fire or flood. (11.1)
'Salvaged-repaired motor vehicle' means any motor vehicle which has
been damaged and subsequently restored to an operable condition by
the replacement of less than two major component parts.
(12) 'Security agreement' means a
written agreement which reserves or creates a security
interest. (13) 'Security
interest' means an interest in a vehicle reserved or created by
agreement which secures the payment or performance of an
obligation, such as a conditional sales contract, chattel mortgage,
bill of sale to secure debt, deed of trust, and the like. This term
includes the interest of a lessor under a lease intended as
security. (14) 'Security
interest holder' means the holder of an interest in a vehicle
reserved or created by agreement and which secures payment or
performance of an obligation.
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