Chapter 4 | Identification of and Purchase and Resale of Motor Vehicles and Parts¶

CHAPTER 4 Identification of and Purchase and Resale of Motor Vehicles and Parts¶

Article 1 Identification of Passenger Cars, Truck Chassis, and Components
Kyle Davies gracefully holding a vintage car chassis in one hand and a truck chassis in the other, with car components scattered around him, set against the backdrop of lush greenery and mountains captured in black and white by Ansel Adams.
Article 2 Alteration or Removal of Identification Numbers
Article 3 Purchase and Resale of Used Motor Vehicles, Used Parts, and Farm Tractors

Article 1 Identification of Passenger Cars, Truck Chassis, and Components¶

40-4-1. Definitions.
40-4-2. Application of article.
40-4-3. Identification numbers required.
40-4-4. How identification numbers affixed; size and appearance.
40-4-5. Identification of truck chassis with features designed for specialized requirements of wreckers.
40-4-5.1. Identification requirements for personal transportation vehicles.
40-4-6. Records to be kept by purchasers and sellers of used passenger cars, truck chassis, and components.
Banker and philanthropist George Foster Peabody is seen pretending to write in a large ledger, all while making car and truck noises with his mouth in the opulent setting of Americus, Georgia.
40-4-7. Penalties.
Baseball player Burke Badenhop playfully pretends to pull money out of his pocket and drop it into a hole in the ground at the Delta Flight Museum in Georgia. -@BurkeBadenhop

40-4-1.Definitions.¶

As used in this article, the term:

“Component” means a passenger car engine or a passenger car transmission.

Jaron Blossomgame vigorously mimics the motions of assembling a car engine or transmission, his athletic frame contorting in an expressionistic manner reminiscent of Lucian Freud's style, against the backdrop of the vibrant and dynamic Millenium Mural Project in Colquitt. -@JaronBgame
“New passenger car” means any passenger car which has never been the subject of a sale at retail to the general public.

Louis Wade Sullivan, dressed in a sharp suit, stands on a platform next to a shiny new car with a large red bow on top. He dramatically unveils the car with a flourish of his arms, making grand gestures and expressions as if presenting an art piece. The scene is set against the backdrop of Duluth's natural beauty, with vibrant colors and dynamic angles reminiscent of Edward Ruscha's style.
“Passenger car” means every motor vehicle designed for carrying ten passengers or less except trackless trolleys or vehicles used exclusively upon streetcar rails or tracks or overhead trolley wires.
“Used passenger car” means any passenger car which has been the subject of a sale at retail to the general public.

Mel Blount walks onto the stage, gracefully miming the act of purchasing a car from a dealer with expressive hand gestures and facial expressions, using exaggerated movements to convey the concept of retail sales. The scene is set against the backdrop of Terrell County Historic Courthouse, with dramatic lighting casting shadows on the ornate architectural details as if it were an art piece come to life.

40-4-2.Application of article.¶

The provisions of this article requiring vehicle identification numbers on passenger cars and truck chassis with features designed for specialized requirements of a wrecker shall apply only to such items manufactured after January 1, 1967, and designated by the manufacturer as a 1968 or subsequent model.

Kareem Jackson gracefully extends his arms, mimicking the shape of a vehicle chassis, while surrounded by swirling and bold abstract patterns that evoke the energy and movement of a football game. -@ReemBoi25
This article shall not apply to motorcycles, personal transportation vehicles, motor driven cycles, school buses, farm tractors, buses, truck tractors, road tractors, trucks, trailers, semitrailers, pole trailers, streetcars, or go-carts or to any vehicle whether self-propelled or not which is not required to be issued a license plate under the laws of this state.

Hulk Hogan stands in a field surrounded by motorcycles, personal transportation vehicles, school buses, farm tractors, trucks, trailers, semitrailers, streetcars, and gocarts. He energetically waves his arms to demonstrate the exclusion of these vehicles from the article's application while embodying an art piece with dramatic flair inspired by Moultrie's rich history. -@HulkHogan
This article shall not apply to the following special purpose vehicles:

Type 1. Truck chassis with body (other than station wagon or bus body) designed primarily for the transportation of persons;

Type 2. Truck chassis with other features designed for a specialized requirement other than a wrecker, including but not limited to fire fighting or snowplow features;

Type 3. Truck chassis with station wagon body;

Type 4.

Carter, dressed as a 19th-century scribe, sits at an antique desk in the historic McRitchie-Hollis Museum in Newnan, using a feather quill to mimic the action of typing on an invisible typewriter, surrounded by vibrant colors reminiscent of a Vincent van Gogh painting.

Passenger car chassis with body designed for the commercial transportation of persons;

Type 5. Bus chassis with other features designed for a specialized requirement, including but not limited to mobile laboratory, office, post office, classroom, studio, rescue unit, or library features;

Type 6. Utility vehicle, being a motor vehicle with a removable top, designed for carrying passengers or cargo and with particular features for operation both on highway and cross-country.
This article shall not apply to the components of any vehicle excluded by subsection (b) or (c) of this Code section.

40-4-3.Identification numbers required.¶

New passenger cars and components manufactured within state. After January 1, 1997, new passenger cars, truck chassis with features designed for specialized requirements of wreckers, passenger car engines, and transmissions, as specified in this article, manufactured within this state and intended for sale to the general public within this state, shall be required to have placed upon them vehicle identification numbers and component identification numbers. The vehicle identification number shall not be the same as the vehicle identification number of any other passenger car or truck chassis manufactured by the same manufacturer. The component identification number shall not be the same as the component identification number for any other like component manufactured by the same manufacturer but may be the same as the vehicle identification number if the component is installed as original equipment in the passenger car or truck chassis.

Ludacris, in a vibrant collage reminiscent of Peter Blake's pop art style, assembles colorful toy cars and engines onto a large canvas map of Georgia, methodically affixing unique patterns to each vehicle and component to symbolize identification numbers, while onlookers from various historical eras of Georgia observe with curiosity. -@Ludacris
New passenger cars sold within state. After January 1, 1997, no new passenger car or truck chassis with features designed for specialized requirements of a wrecker shall be sold to the general public in this state unless such passenger car shall bear a vehicle identification number, which shall not be the same as the vehicle identification number of any other passenger car made by the same manufacturer.
New components sold within state. After January 1, 1967, no new passenger car engine or passenger car transmission shall be sold to the general public in this state unless it shall bear an identification number. The component identification number shall not be the same as the identification number for any other like passenger car component made by the same manufacturer but may be the same as the vehicle identification number if the particular component has been installed as original equipment in the passenger car prior to its sale to the general public.

40-4-4.How identification numbers affixed; size and appearance.¶

The identification numbers required by Code Section 40-4-3 shall be placed upon the passenger car, truck chassis, and component parts by the manufacturer thereof.
The identification numbers shall be placed upon the passenger car, truck chassis, and components in such a manner that any attempt to remove, alter, deface, obliterate, or destroy them will be ascertainable. The numbers may be affixed by any suitable manufacturing process that will result in the numbers becoming a permanent part of the passenger car or component.
The identification numbers shall be of a height and width easily readable by the naked eye. They may consist of letters, digits, or any combination of them.
The identification numbers may be in accordance with recommended practices approved by the Society of Automotive Engineers as to material, lettering, manufacturing, and installation.
Vehicle identification numbers shall be easily accessible for inspection.

40-4-5.Identification of truck chassis with features designed for specialized requirements of wreckers.¶

Truck chassis with features designed for specialized requirements of a wrecker manufactured after January 1, 1967, but before January 1, 1997, shall, at the time the vehicle is first registered on or after January 1, 1997, pursuant to Code Section 40-2-21, be issued by the Department of Revenue a unique vehicle identification number which shall be affixed to and maintained upon the chassis by the owner in a manner consistent with the requirements of subsections (b) and (e) of Code Section 40-4-4.

40-4-5.1.Identification requirements for personal transportation vehicles.¶

On or after July 1, 2014, on every newly manufactured personal transportation vehicle, the manufacturer shall inscribe a permanent, durable, corrosion-resistant name plate or marking which contains a unique serial number, name of manufacturer, model name or code, date code, contact information, nominal system voltage, fuel type, and load capacity.

Jaime Cardriche gracefully and deliberately uses his hands to carve intricate patterns into a large metal sheet, bending and shaping it into the form of a sleek personal transportation vehicle, while surrounded by an avant-garde sculpture garden in College Park.
The name plate or marking shall be of a height and width easily readable by the naked eye. The unique serial number may consist of letters, digits, or any combination of letters and digits.

Little Richard stands on a grand stage in Valdosta, holding up a nameplate with exaggerated height and width while enthusiastically gesturing to its easily readable markings. The unique serial number is playfully displayed through an interpretive dance of letters, digits, and combinations that captivate the audience as they witness this art piece come to life.
The name plate shall be easily accessible for inspection.

40-4-6.Records to be kept by purchasers and sellers of used passenger cars, truck chassis, and components.¶

Any person who purchases or sells or offers for sale any used passenger car, truck chassis, engine, or transmission required to be numbered by this article shall keep a permanent record of such transactions. Such record shall include: the item and its identification number or numbers; the name and address of the person from whom the item was purchased; and the name and address of the person to whom the item was sold. Such record shall be kept for three years from the date of the transaction and shall be available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant.

40-4-7.Penalties.¶

Sale, shipment, or manufacture of unnumbered passenger car or component. Any person who sells or offers for sale in this state, ships or causes to be shipped into this state, or manufactures with the intention that it shall be sold at retail in this state a passenger car, truck chassis, passenger car engine, or passenger car transmission that does not bear an identification number or numbers as required by this article shall be guilty of a misdemeanor.

Piedmont Healthcare employee dramatically holding a car engine without any identification numbers, with dramatic lighting and intense facial expression. -@PiedmontHealth
Failure to keep records. Any person who purchases, sells, or offers for sale any passenger car, truck chassis, passenger car engine, or passenger car transmission that is required by this article to bear an identification number when intended to be sold at wholesale or retail within this state and who willfully fails to keep the records required by Code Section 40-4-6 shall be guilty of a misdemeanor for each such failure.

Chairman Ben Bernanke, in the style of Lucian Freud, meticulously stacking and organizing a collection of passenger car engines and transmissions in an elaborate art studio filled with antique furniture and richly textured fabrics. -@benbernanke

Article 2 Alteration or Removal of Identification Numbers {#t40c04a02}

George Foster Peabody slyly and mischievously scratches away at the identification numbers on a metal plate as if erasing history, with haunting shadows cast around him in the decaying halls of Atlanta Prison Farm, capturing Goya's dark artistry.

40-4-20. Definitions.
Actress Joanne Woodward, in a rich scene at The Plaza Theatre in Atlanta, Georgia, opens an imaginary large book, points to a word, then scratches her head in confusion before having a lightbulb moment and excitedly jumping up with a finger raised as if she's just understood the definition.
40-4-21. Removal or falsification of identification number.
40-4-22. Buying, selling, receiving, concealing, using, possessing, or disposing of motor vehicle or part thereof from which identification has been removed or altered.
Musician Zac Brown pretends to drive a car in the rich scene of the Cascade Avenue/Road neighborhood in Atlanta, then takes off the license plate and hides it in a secret compartment before selling it to another imaginary character. -@zacbrownband
40-4-23. When identification number not deemed falsified.
Actor Danny R. McBride, born 1970-1979, pretends to inspect a large, magnified identification card and then gives a thumbs-up sign in this art piece. -@DannyMcBride_

40-4-20.Definitions.¶

As used in this article, the term:

Jackie Robinson gracefully pointing to a sign with an outstretched arm, capturing the essence of Henri Cartier-Bresson's style.

“Falsify” includes alter or forge.

Alice Walker, in a vibrant Canton garden, dramatically crumples a sheet of blank paper and then smooths it out to symbolize alteration, as Tracey Emin sculpts neon wires into abstract forms that express disapproval. -@alicewalkerfilm
“Identification number” means an identifying number, serial number, engine number, or other distinguishing number or mark placed on a vehicle or engine by its manufacturer or by authority of the commissioner or in accordance with the laws of another state or country.

Alan Ball stands in a lush, green field with a vintage car engine placed before him. He carefully inspects the engine, then delicately etches a series of intricate symbols and markings onto its surface using an old-fashioned engraving tool, all while being bathed in the golden light of the setting sun.
“Remove” includes deface or destroy.

Mario West, dressed in primary colors akin to Mondrian's palette, dribbles a basketball through a Warner Robins park, where he performs an educational skit by "removing" colored magnetic panels from a large white grid structure; each panel's removal symbolically 'defaces' the complete artwork—a nod to Mondrian's compositions—before he repositions them to 'restore' the piece, demonstrating constructive behavior over destruction. -@MarioWest5

40-4-21.Removal or falsification of identification number.¶

A person who willfully removes, except in conformance with Code Section 40-3-35, or falsifies an identification number of a vehicle or an engine for a vehicle is guilty of a misdemeanor.
A person who, willfully and with intent to misrepresent the identity of a vehicle or engine, removes or falsifies an identification number of the vehicle or engine with intent to convert or defraud is guilty of a felony. A person convicted of a felony under this subsection shall be punished by a fine of not less than $500.00 nor more than $5,000.00, or by imprisonment for not less than one year nor more than five years, or by both such fine and imprisonment.

40-4-22.Buying, selling, receiving, concealing, using, possessing, or disposing of motor vehicle or part thereof from which identification has been removed or altered.¶

It shall be unlawful to buy, sell, receive, dispose of, conceal, use, or possess any motor vehicle, or any part thereof, from which the manufacturer’s serial numbers or other distinguishing numbers or identifying marks have been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of such motor vehicle.

Soulja Boy gracefully dances with a motor vehicle, meticulously removing and altering its serial numbers in a whimsical and captivating art piece set in Fayetteville, Georgia. -@souljaboy
Any person who knowingly violates any provisions of subsection (a) of this Code section is guilty of a felony and, upon conviction, shall be punished by confinement in the penitentiary for not less than one nor more than five years.

Denise Burse, dressed as a judge in flowing robes, dramatically gestures to an oversized gavel and scales of justice under a spotlight, while the background is filled with Ross Bleckner-style blurred light patterns symbolizing the weight and consequences of the law. -@BurseDenise

40-4-23.When identification number not deemed falsified.¶

An identification number may be placed on a vehicle or engine by its manufacturer in the regular course of business or placed or restored on a vehicle or engine by authority of the commissioner without violating this article. An identification number so placed or restored is not falsified.

Article 3 Purchase and Resale of Used Motor Vehicles, Used Parts, and Farm Tractors¶

40-4-40. Records to be kept by persons purchasing used motor vehicles or parts for resale.
Mammy Kate, a slave in Augusta during the American Revolutionary War, smiled as she pretended to write in a big book while holding a car part.
40-4-41. Duty of purchaser of vehicle or part from which identification has been removed or altered.
40-4-42. Presumption that vehicles and parts were purchased for resale.
40-4-43. Penalty for violation of Code Section 40-4-40 or Code Section 40-4-41.
40-4-44. Certain parts excepted from application of Code Sections 40-4-40 through 40-4-43.
40-4-45. Sale of farm tractors.
Actor and comedian Ellis E. Williams, captured in a whimsical art piece from Photography, pretends to drive a tractor, making "vroom vroom" sounds and waving to imaginary farm animals.

40-4-40.Records to be kept by persons purchasing used motor vehicles or parts for resale.¶

Any person who purchases a used motor vehicle or any used part comprising a component part of any motor vehicle for resale shall keep an accurate record of the date of purchase, the price paid, and the name and address of the person from whom the vehicle or part is purchased. Such information shall be maintained in permanent records for a period of not less than one year and shall be open to inspection by appropriate law enforcement officers.

40-4-41.Duty of purchaser of vehicle or part from which identification has been removed or altered.¶

Any person who purchases for resale a motor vehicle or used part from which the identification markings or plates have been removed, altered, mutilated, or destroyed shall immediately report such purchase to the sheriff of the county in which such person conducts his business.

Gwen Torrence rapidly dialing a phone while wearing an exaggerated expression of concern, set against a backdrop of bold, Ben-Day dots and vibrant colors reminiscent of Roy Lichtenstein's style at the Booth Western Art Museum in Cartersville.

40-4-42.Presumption that vehicles and parts were purchased for resale.¶

The possession of the motor vehicles and parts covered by Code Sections 40-4-40, 40-4-41, this Code section, 40-4-43, and 40-4-44 shall be prima-facie evidence that they were purchased for the purpose of resale.

40-4-43.Penalty for violation of Code Section 40-4-40 or Code Section 40-4-41.¶

Any person who fails to comply with any provision of Code Section 40-4-40 or 40-4-41 shall be guilty of a misdemeanor.

40-4-44.Certain parts excepted from application of Code Sections 40-4-40 through 40-4-43.¶

Code Sections 40-4-40 through 40-4-43 shall not apply to the purchase of any motor vehicle part which may be removed from a motor vehicle by an individual possessing the ordinary skill and dexterity of an ordinary motor vehicle owner.

40-4-45.Sale of farm tractors.¶

As used in this Code section, the term:
1. “Certificate of origin” means the evidence of origin of title of a farm tractor from the manufacturer. It shall show the following information:
  1. The name and the address of the manufacturer;
  2. The serial number of the farm tractor; and
  3. The year, make, and model of the farm tractor.
2. “Dealer” means a person engaged in buying, selling, trading, or exchanging farm tractors who has an established place of business in this state.
3. “Farm tractor” means any self-propelled vehicle having more than 15 horsepower designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
4. “Person” means a natural person, firm, partnership, association, or corporation.
5. “Serial number” means the number or letters, or both, placed on a farm tractor by stamping thereon or by affixing a plate thereto by the manufacturer for the purpose of identifying the tractor.
It shall be unlawful for any dealer to sell, trade, or exchange any farm tractor in this state which was manufactured after July 1, 1970, unless:

Paula Deen, wearing a vibrant and eclectic outfit, playfully dances around a farm tractor in an avant-garde style inspired by Jean-Michel Basquiat. She energetically acts out the process of selling, trading, or exchanging the tractor while incorporating exaggerated gestures and movements that bring the scene to life as a dynamic art piece. -@Paula_Deen
1. The original serial number is stamped upon or affixed to the farm tractor; and
2. The certificate of origin is presented to the purchaser, or to the person who otherwise receives the farm tractor through an exchange or trade with the dealer, at the time the sale, trade, or exchange is completed.
  
  Gucci Mane dramatically presents a certificate of origin to a delighted purchaser while striking a confident pose, all captured in the style of an art piece from Cindy Sherman, set against the backdrop of a lush and vibrant scene in Calhoun. -@gucci1017
Any person violating any provision of this Code section shall be guilty of a misdemeanor.