Georgia House of Representatives - 1995/1996 Sessions

HB 186 - Derelict motor vehicle; determination of value

Page Numbers - 1/ 2/ 3

1. Powell  23rd           2. Parham  122nd


House Comm: MotV       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/12/95  Read 1st Time                                                                
              1/13/95  Read 2nd Time                                                                
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Code Sections amended: 40-11-9                                                                      


HB 186                                            LC 16 3873






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 40-11-9 of the Official Code of
  1- 2  Georgia Annotated, relating to derelict motor vehicles, so
  1- 3  as to provide for an additional method of determining the
  1- 4  value of a derelict vehicle; to repeal conflicting laws; and
  1- 5  for other purposes.

  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 7  Code Section 40-11-9 of the Official Code of Georgia
  1- 8  Annotated, relating to derelict motor vehicles, is amended
  1- 9  by striking subsection (a) in its entirety and inserting in
  1-10  lieu thereof the following:

  1-11    "(a) If a motor vehicle has been left unattended on
  1-12    private property for not less than two days or on public
  1-13    property for not less than three days without the owner or
  1-14    driver making any attempt to recover such vehicle or to
  1-15    leave a conspicuously placed note that such owner or
  1-16    driver intends to return for such vehicle; or, if a
  1-17    conspicuous note was left, if the motor vehicle has been
  1-18    left unattended for not less than five days and if because
  1-19    of damage, vandalism, theft, or fire the vehicle is
  1-20    damaged to the extent that its restoration to an operable
  1-21    condition would require the replacement of one or more
  1-22    major component parts or involves any structural damage
  1-23    that would affect the safety of the vehicle; or if there
  1-24    is evidence that the vehicle was inoperable due to major
  1-25    mechanical breakdown at the time it was left on the
  1-26    property, such as the engine, transmission, or wheels
  1-27    missing, no coolant in the cooling system, no oil in the
  1-28    engine, or burned fluid in the transmission; or if the
  1-29    vehicle is seven or more years old; or if the vehicle is
  1-30    not currently tagged or is not verifiable by the state as
  1-31    to who is the current owner or lienholder of the vehicle;
  1-32    or if the vehicle has been abandoned to a wrecker service
  1-33    by an insurance company and the owner following the
  1-34    insurance company's making a total loss payment, then any


                                 -1- (Index)

                                                  LC 16 3873

  2- 1    person removing such vehicle shall within 72 hours of
  2- 2    removing such vehicle obtain the identity of and address
  2- 3    of the last known registered owner of the vehicle, the
  2- 4    owner of the vehicle as recorded on the certificate of
  2- 5    title of such vehicle, and any security interest holder or
  2- 6    lienholder on such vehicle from the local law enforcement
  2- 7    agency of the jurisdiction in which the vehicle was
  2- 8    located.  If the law enforcement agency shows no
  2- 9    information on the vehicle, then a request for such
  2-10    information may be sent to the Department of Revenue.
  2-11    Within 72 hours after obtaining such information, the
  2-12    person removing such vehicle shall, by certified mail,
  2-13    return receipt requested, notify the registered owner,
  2-14    title owner, and security interest holder or lienholder of
  2-15    the vehicle that such vehicle will be declared a derelict
  2-16    vehicle and the title to such vehicle will be canceled by
  2-17    the state revenue commissioner if such person or persons
  2-18    fail to respond within ten days of receipt of such notice.
  2-19    The state revenue commissioner shall prescribe the form
  2-20    and content of such notice.  If the registered owner,
  2-21    title owner, or security interest holder or lienholder
  2-22    fails to respond within 30 days from the date of such
  2-23    notice by certified mail, and if the vehicle is appraised
  2-24    as having a total value of less than $300.00, the vehicle
  2-25    shall be considered to be a derelict vehicle.  The value
  2-26    of the vehicle shall be determined as 50 percent of the
  2-27    wholesale value of a similar car in the rough section of
  2-28    the National Auto Research Black Book, Georgia Edition, or
  2-29    if a similar vehicle is not listed in such book, or,
  2-30    regardless of the year model or book value, if the vehicle
  2-31    is completely destroyed by fire, flood, or vandalism or is
  2-32    otherwise damaged to the extent that restoration to an
  2-33    operable condition would require replacement of all major
  2-34    component parts, the person shall obtain an appraisal of
  2-35    the motor vehicle from the local law enforcement agency's
  2-36    auto theft section with jurisdiction in the county or
  2-37    municipality where such vehicle is located.  Any person
  2-38    removing a vehicle shall complete a form, to be provided
  2-39    by the state revenue commissioner, indicating that the
  2-40    vehicle meets at least four of the above-stated eight
  2-41    conditions for being a derelict vehicle and shall file
  2-42    such form with the Department of Revenue and the law
  2-43    enforcement agency with jurisdiction from which such
  2-44    vehicle was removed."




                                 -2- (Index)

                                                  LC 16 3873

                         SECTION 2.

  3- 1  All laws and parts of laws in conflict with this Act are
  3- 2  repealed.













































                                 -3- (Index)