2021 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 8 - Equipment and Inspection of Motor Vehicles
Article 1 - Equipment Generally
Part 4 - Horns, Exhaust Systems, Mirrors, Windshields, Tires, Safety Belts, Energy Absorption Systems
§ 40-8-77. Energy Absorption System

1. As used in this Code section, the term "private passenger automobile" shall mean a four-wheel motor vehicle designed for carrying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, provided that the term "private passenger automobile" shall not include a multipurpose vehicle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, designed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation.
2. Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system conforming to all federal motor vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the federal safety standard certification label affixed to the automobile.

(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.

- 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.

- 60 C.J.S., Motor Vehicles, §§ 1 et seq., 479, 480.

- 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.