Ga. Comp. R. & Regs. R. 681-1-.01 - Definitions
As used in these Rules and Regulations and in the Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers' Registration Act, the following terms shall mean the following:
(1) "Administrative Procedures Act" means
O.C.G.A. Chapter 50-13.
(2) "Alter
ego" means a person who acts to obtain licensure on behalf of, or in place of,
someone who is ineligible to obtain licensure under Section
681-12-.05 of these Rules.
(3) "Applicant for a new license" means an
individual or designee on behalf of a partnership, limited liability company,
or corporation, who submits an application for a new license.
(4) "Appropriate permanent signage" means
signage which meets the requirements as described in Board Rule
681-6-.01(e).
(5) "Business License" means any license
required by any municipality, county, or other political subdivision of this
state as a prerequisite to operating a business within such municipality,
county, or other political subdivision of this state.
(6) "Conspicuously displayed" means posted
inside the permanent building in an area which is clearly visible to consumers
upon entry into the permanent building; licenses shall be displayed in a manner
which allows consumers to easily read and copy from the license.
(7) "Consumer," for the purposes of these
Rules, means anyone who is solicited to purchase, or anyone who seeks to
purchase a used motor vehicle or used motor vehicle part.
(8) "Dealers' registration plate" means the
license plates issued to used motor vehicle dealers by the State Revenue
Commissioner as described in O.C.G.A. Section
40-2-38.
(9) "Deal Jacket" shall consist of all the
following documents included in the sale of a used motor vehicle:
(a) Bills of sale for the vehicle; to include
the purchase (by the dealer) and sale (to the customer) of the
vehicle;
(b) Proof of passing
emissions inspection as required by the Department of Natural Resources Rule
391-3-20-.18;
(c) Odometer statements from the purchase (by
the dealer) and sale (to the customer) of the vehicle;
(d) Copy of purchaser's driver's license, or
government issued identification;
(e) Copy of front and back of buyer's
guide;
(f) Copy of front and back
of title;
(g) Copy of MV-7D;
Department of Revenue "State and Local Title Ad Valorem Tax (TAVT) Fees" form,
or its equivalent for the vehicle (if applicable);
(h) Copy of MV-1; Department of Revenue
"Motor Vehicle Tag/Title Application" form, or its equivalent for the vehicle
(if applicable); and
(i) Copy of
all Temporary Operating Permits (TOPs) issued by the dealer to the
purchaser.
(10)
"Designee" means the applicant's designated agent for a used motor vehicle
dealer license or a used motor vehicle parts dealer license and shall be named
as the Executive Officer on the MV-6; Department of Revenue "Motor Vehicle
Division Application for Dealer, Distributor & Manufacturer License Plates"
form, or its equivalent.
(11)
"Established place of business" is defined in O.C.G.A. Section
43-47-2.
(12) "Facility Closed" means the Board has
determined the dealer has vacated their established place of
business.
(13) "Fee schedule" means
a written listing of the amounts of all fees charged by the Board.
(14) "Maintenance of records by licensees"
means maintaining at the established place of business, all records as
prescribed by Board Rule
681-10-.01.
(15) "Motor vehicle" or "car" is defined in
O.C.G.A. Section
43-47-2(7).
(16) "Odometer disclosure form" means the
form required under the regulations found at 49 C.F.R. Part 580.
(17) "Open Lot" means a lot where used motor
vehicles or used motor vehicle parts that are offered for sale are to be
displayed, and upon which the applicant or licensee has a legal right to
display used motor vehicles or used motor vehicle parts.
(18) "Penalty fee or fine" means a fee
assessed by the Board for failure on the part of a licensee or applicant to act
in an appropriate or timely manner under the Used Motor Vehicle Dealers' and
Used Motor Vehicle Parts Dealers' Registration Act or under these
Rules.
(19) "Person" means any
individual, partnership, firm, association, corporation, or combination of
individuals of whatever form or character.
(20) "Photograph" means an image produced on
film or digitized and printed which is an exact likeness of the subject matter
depicted, and not an artist's rendition or depiction.
(21) "Procedural safeguards" means those
procedures required by a used motor vehicle dealership or used motor vehicle
parts dealership of its employees, agents, or principals, to reasonably ensure
that the activities described in O.C.G.A. Section
43-47-10(2) do
not occur at the dealership.
(22)
"Purchaser" means a consumer who has completed a transaction to obtain a used
motor vehicle from a used motor vehicle dealership or a used motor vehicle or a
used motor vehicle part from a used motor vehicle parts dealer.
(23) "Records" means all originals,
photocopies, carbon copies, files, books, memoranda, and data maintained on an
electronic data storage and retrieval system, provided the data can be
retrieved and copied.
(24)
"Reinstatement" means re-issuance of an expired or revoked license.
(25) "Salesroom" and "sales office" are
synonymous and must meet the requirements of Board Rule
681-6-.01 Established Place of
Business.
(26) "State Revenue
Commissioner" means the office created in O.C.G.A. Section
48-2-2.
(27) "Supplemental license" means an
additional license issued to a person who already maintains a current Georgia
used motor vehicle dealer or used motor vehicle parts dealer license. A
supplemental license may be issued for an additional location operated under
the same name by the licensee, but which location is not immediately adjacent
to the principal place of business.
(28) "Temporary Plate" means a temporary
operating permit issued by a dealer pursuant to O.C.G.A. Section
40-2-8.
(29) "Temporary Site" means a location at
which used motor vehicles are sold or offered for sale for which a temporary
site permit has been issued by the Board in accordance with O.C.G.A. Section
43-47-8.2 and Board Rule
681-3-.03.
(30) "Used Motor Vehicle Dealers and Used
Motor Vehicle Parts Dealers' Registration Act" and "Act" are synonymous and
mean Chapter 47 of Title 43 of the Official Code of Georgia
Annotated.
(31) "Working telephone"
means an active and working telephone line.
Notes
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