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2018 Georgia Code 40-4-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-4-1 Case Law from Google Scholar Amendments to OCGA 40-4-1

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 4. Identification of and Purchase and Resale of Motor Vehicles and Parts, 40-4-1 through 40-4-45.

ARTICLE 1 IDENTIFICATION OF PASSENGER CARS, TRUCK CHASSIS, AND COMPONENTS

40-4-1. Definitions.

As used in this article, the term:

  1. "Component" means a passenger car engine or a passenger car transmission.
  2. "New passenger car" means any passenger car which has never been the subject of a sale at retail to the general public.
  3. "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.
  4. "Used passenger car" means any passenger car which has been the subject of a sale at retail to the general public.

(Ga. L. 1966, p. 188, § 3; Ga. L. 1967, p. 113, § 3; Ga. L. 1996, p. 336, § 13A.)

JUDICIAL DECISIONS

Automobile which was a "used demo" was "new" car.

- Automobile leased by plaintiffs from defendant dealer as a "used demo" was a "new" car, not a "used" car, and the fact that the car was previously titled to the dealer's son-in-law did not create an issue of fraud in violation of the Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq. Toirkens v. Willett Toyota, Inc., 192 Ga. App. 109, 384 S.E.2d 218 (1989).

Automobile used as demonstrator was "new car."

- In an action alleging violations of the Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq., because the van leased to plaintiffs was always titled in the dealer and was never the subject of a retail sale or lease, the vehicle was a "new car," and the dealer did not engage in fraudulent or unfair business practices by listing the vehicle as "new," even though the vehicle had been driven as a demonstrator and had been in a collision. Kondo v. Marietta Toyota, Inc., 224 Ga. App. 490, 480 S.E.2d 851 (1997).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 1.

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