Ga. Comp. R. & Regs. R. 560-10-21-.17 - Cancellation of Motor Vehicle Lost Certificate of Title or Motor Vehicle Certificate of Title Assigned But Not Registered with the Department or Statutorily Exempt Motor Vehicles Being Sold as Scrap or Parts

(1) The Cancellation of Certificate of Title for Scrap Vehicles form MV1SP is adopted by the Commissioner as the form for use by the owner of the motor vehicle valued at $750.00 or less, as the application to cancel:

(a) A lost Georgia certificate of title; or

(b) An owner's assigned certificate of title but not registered with the Department; or

(c) A statutory exempted untitled motor vehicle; and

(d) Being sold as a scrap or parts; and

(e) Has not been declared a derelict vehicle.

(2) The term "Owner" shall be defined as set forth in O.C.G.A. § 40-1-1 Definitions.

(3) The form requesting cancellation of a Georgia certificate of title and registration shall be:

(a) Submitted to the Department within seventy-two (72) hours of the purchase transaction of the motor vehicle by the licensed motor vehicle parts dealer or scrap metal processor.

(b) A legible copy of the owner's driver's license shall be attached to form MV1SP with a copy submitted to the Department.

(4) This form requires an authorized signature from the motor vehicle owner. If the owner is not a natural person, the owner shall provide the full legal name of the firm, partnership (general or LLP), association, corporation (including a LLC), or trust. The owner of the legal entity shall provide documentation of the existence of the legal entity. In addition, the owner shall provide proof of authority to sign on behalf of and represent the legal entity. A sole proprietorship is not a legal entity; therefore the title issuance requirements for a natural person shall apply.

(5) All persons or businesses selling a motor vehicle or any scrapped metal or parts from a motor vehicle and using the form MV1SP shall present to the licensed motor vehicle parts dealer or scrap metal processor concurrently with the MV1SP:

(a) A completed bill of sale from the prior owner or appropriate court documents evidencing ownership; or

(b) A signed document indicating that such tow truck operator or impound yard owner is an authorized agent for the owner of the motor vehicle.

(6) The licensed motor vehicle parts dealer or scrap metal processor shall retain a copy of all documents required by this Regulation for a period of three years from the date of the transaction.

Notes

Ga. Comp. R. & Regs. R. 560-10-21-.17

O.C.G.A. Secs. 40-3-3, 40-3-36, 40-11-9.

Original Rule entitled "Cancellation of Motor Vehicle Lost Certificate of Title or Motor Vehicle Certificate of Title Assigned But Not Registered with the Department or Statutorily Exempt Motor Vehicles Being Sold as Scrap or Parts" adopted as ER. 560-10-21-0.36-.17. F. and eff. October 7, 2008, as specified by the Agency. Amended: Permanent Rule of same title adopted. F. Jan. 26, 2009; eff. Feb. 15, 2009.