2020 Georgia Code
Title 43 - Professions and Businesses
Chapter 47 - Used Motor Vehicle and Used Motor Vehicle Parts Dealers


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.

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