TITLE 16
CRIMES AND OFFENSES
Section 9. Forgery and Fraudulent Practices, 16-9-1 through 16-9-157.
ARTICLE 7
MOTOR VEHICLE SALES AND TRANSFERS
16-9-110. Sale or transfer of new motor vehicles not manufactured in compliance with federal standards.
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It shall be unlawful for any person, firm, or corporation knowingly to sell, transfer, or otherwise convey any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C. Section 7401 through Section 7642, known as the federal Clean Air Act, as amended, and as required by 15 U.S.C. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless and until the United States Customs Service or the United States Department of Transportation and the United States Environmental Protection Agency have certified that the motor vehicle complies with such applicable federal standards.
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Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor.
(Code 1981, §16-9-110, enacted by Ga. L. 1985, p. 692, § 1; Ga. L. 1992, p. 6, § 16; Ga. L. 1996, p. 6, § 16.)
JUDICIAL DECISIONS
O.C.G.A.
§
16-9-110 is violative of the preemption clause of the Clean Air Act, 42 U.S.C.
§
7543(a),
although the statute does not preempt 15 U.S.C.
§
1392(d) of the National Traffic and Motor Vehicle Safety Act, nor does the statute violate the Commerce Clause and nor is the statute unconstitutionally vague. Georgia Auto. Importers Compliance Ass'n v. Bowers, 639 F. Supp. 352 (N.D. Ga. 1986).
