O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-9-110 (2019)

Sale or transfer of new motor vehicles not manufactured in compliance with federal standards

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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.

(b) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor.

History

(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.)

Annotations

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).

Notes of Decisions
Cited in 4 cases, 1986–1989 · leading case: Georgia Auto. Importers Compliance v. Bowers, 639 F. Supp. 352 (N.D. Ga. 1986).
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Georgia Auto. Importers Compliance v. Bowers, 639 F. Supp. 352 (N.D. Ga. 1986). · cites it 9× “[4] Section 16-9-110 provides that: (a) 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…”
Georgia Auto. Importers Compliance Ass'n v. Bowers, 639 F. Supp. 352 (N.D. Ga. 1986). · cites it 9× “4 Section 16-9-110 provides that: (a) 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…”
Sims v. Florida, Dep't of High. Saf. & Motor Vehs., 862 F.2d 1449 (11th Cir. 1989). “O.C.G.A. § 16-9-110(a) (Supp.1985). . The commerce clause of the United States Constitution reads in part as follows: “The Congress shall have the power to regulate commerce with foreign nations, and among the several states_” U.”
Sims v. Florida, Dep't of High. Saf. & Motor Vehs., 832 F.2d 1558 (11th Cir. 1987). “O.C.G.A. § 16-9-110(a) (Supp.1985). . Sims and the FICA moved this court to allow the addition of Charles J.”
16-9-110(a): 4 cases
Georgia Auto. Importers Compliance v. Bowers, 639 F. Supp. 352 (N.D. Ga. 1986). “[4] Section 16-9-110 provides that: (a) 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…”
Georgia Auto. Importers Compliance Ass'n v. Bowers, 639 F. Supp. 352 (N.D. Ga. 1986). “4 Section 16-9-110 provides that: (a) 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…”
Sims v. Florida, Dep't of High. Saf. & Motor Vehs., 862 F.2d 1449 (11th Cir. 1989). “O.C.G.A. § 16-9-110(a) (Supp.1985). . The commerce clause of the United States Constitution reads in part as follows: “The Congress shall have the power to regulate commerce with foreign nations, and among the several states_” U.”
Sims v. Florida, Dep't of High. Saf. & Motor Vehs., 832 F.2d 1558 (11th Cir. 1987). “O.C.G.A. § 16-9-110(a) (Supp.1985). . Sims and the FICA moved this court to allow the addition of Charles J.”
16-9-110(b): 2 cases
Georgia Auto. Importers Compliance v. Bowers, 639 F. Supp. 352 (N.D. Ga. 1986). “[4] Section 16-9-110 provides that: (a) 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…”
Georgia Auto. Importers Compliance Ass'n v. Bowers, 639 F. Supp. 352 (N.D. Ga. 1986). “4 Section 16-9-110 provides that: (a) 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…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.