GA Code § 40-3-36 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 3 - Certificates of Title, Security Interests, and Liens|Article 2 - Certificates of Title|§ 40-3-36. Cancellation and Destruction of Certificate of Title for Scrap, Dismantled, or Demolished Vehicles or Trailers; Salvage Certificate of Title; Administrative Enforcement; Removal of License Plates

    Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any vehicle, including a trailer, as scrap metal or parts only or a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who scraps, dismantles, or demolishes a vehicle shall within 72 hours cancel the certificate of title by electronic means in a manner designated by the department and securely destroy the certificate of title.   Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle, including a trailer, to be transferred, or has lost the title for the vehicle or trailer to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle or trailer is at least 12 model years old and is worth $850.00 or less if the vehicle was used as a motor vehicle, or $1,700.00 or less if the vehicle was used as a trailer. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer under Code Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to:   A statement that the vehicle or trailer shall never be titled again; it must be dismantled or scrapped;   A description of the vehicle including, where applicable, the year, make, model, vehicle identification number, and color;   The name, address, and driver's license number of the owner;   A certification that the owner:   Never obtained a title to the vehicle in his or her name; or   Was issued a title for the vehicle, but the title was lost or stolen;     A certification that the vehicle:   Is worth $850.00 or less, or $1,700.00 or less if the vehicle is a trailer;   Is at least 12 model years old; and   Is not subject to any secured interest or lien;     An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement;   The owner's signature and the date of the transaction;   The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle;   A certification by the business that $850.00 or less, or $1,700.00 or less if the vehicle is a trailer, was paid to acquire the vehicle;   A certification that the business has verified by an online method determined by the commissioner that the vehicle is not currently subject to any secured interest or lien; provided, however, that such certification shall not be required until such an online method has been established and is available; and   The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation.       The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction by electronic means in a manner designated by the department, requesting that the department cancel the Georgia certificate of title and registration.   The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall maintain the original statement for a period of not less than two years.   Within 48 hours of each day's close of business, the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver by electronic means, a list of all such vehicles purchased that day for scrap or for parts. That list shall contain the following information:   The name, address, and contact information for the reporting entity;   The vehicle identification numbers of such vehicles;   The dates such vehicles were obtained;   The names of the individuals or entities from whom the vehicles were obtained, for use by law enforcement personnel and appropriate governmental agencies only;   A statement of whether the vehicles were, or will be, crushed or disposed of, or offered for sale or other purposes;   A statement of whether the vehicle is intended for export out of the United States; and   The National Motor Vehicle Title Information System identification number of the business acquiring the vehicle.    There shall be no charge to a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor associated with providing this information to the department.    For purposes of this subsection, the term "motor vehicle" shall not include a vehicle which has been crushed or flattened by mechanical means such that it is no longer the motor vehicle as described by the certificate of title, or such that the vehicle identification number is no longer visible or accessible, in which case the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall verify that the seller has reported the vehicles in accordance with this subsection. Such verification may be in the form of a certification from the seller or contract between the seller and the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor which clearly identifies the seller by a government issued photograph identification card, or employer identification number, and shall be maintained for a period of not less than two years.   The information obtained by the department in accordance with this subsection shall be reported to the National Motor Vehicle Title Information System, in a format which will satisfy the requirement for reporting this information, in accordance with rules adopted by the United States Department of Justice in 28 C.F.R. 25.56.   The information obtained by the department in accordance with this subsection shall be made available only to law enforcement agencies, and for purposes of canceling certificates of title, and shall otherwise be considered to be confidential business information of the respective reporting entities.   All records required under the provisions of this Code section shall be maintained for a period of two years by the reporting entity and shall include a scanned or photocopied copy of the seller's or seller's representative's driver's license or state issued identification card.       The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, hood, and bumper; the rear clip assembly, which includes the quarter panels, the floor panel assembly, and the roof assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation.   A motor vehicle owner who retains possession of a damaged vehicle which is a salvage motor vehicle as defined in paragraph (11) of Code Section 40-3-2 shall surrender the license plates and registration for such vehicle, shall not operate such vehicle upon the roads of this state, and shall not sell, trade, or otherwise dispose of such vehicle prior to obtaining a salvage certificate of title for such vehicle.     Any insurance company which acquires a damaged motor vehicle by virtue of having paid a total loss claim shall deliver by electronic means the certificate of title to the commissioner for cancellation. If an insurance company or its authorized agent, including, but not limited to, a salvage dealer as such term is defined in Code Section 40-11-13, is unable to obtain a certificate of title within 30 days after acceptance by the motor vehicle owner of a total loss claim, the insurance company or its authorized agent may apply to the department for a salvage certificate of title on a form provided by the department for such purpose. Such application shall require submission by electronic means of evidence that the insurance company or its authorized agent has fulfilled the settlement through payment of a total loss claim and has made two or more written or other verifiable forms of communication with the owner in order to obtain such owner's certificate of title. Any such application made by a salvage dealer shall also include written documentation of support that an insurance company has transferred all its claims or rights to such vehicle to the salvage dealer. Any salvage certificate of title issued by the department pursuant to this subdivision shall comply with any applicable requirements relating to salvage, rebuilt, or restored certificates of title in this Code section and Code Section 40-3-37.   In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance company paying such total loss claim, the vehicle owner, and the lienholder or security interest holder, as applicable, shall take the following steps to secure a salvage certificate of title for such motor vehicle:     If the vehicle owner is in possession of the certificate of title, the owner shall deliver the certificate of title to the insurance company prior to any payment of the claim, and the insurance company shall deliver by electronic means the certificate of title, an application for a salvage certificate of title, and the form provided by the commissioner for issuance of a salvage certificate of title;   If the certificate of title has been lost, destroyed, or misplaced, the vehicle owner shall, prior to payment of the claim on such vehicle, complete an application for a replacement title on the form provided by the commissioner and deliver such application and form to the insurance company and the insurance company shall deliver by electronic means such application and form to the commissioner for issuance of a replacement original title marked salvage;   If the lienholder or security interest holder has possession of the certificate of title, the vehicle owner shall complete an application for a replacement title on a form provided by the commissioner and shall deliver the completed form to the insurance company prior to the payment of the claim; the insurance company shall thereafter deliver by electronic means the application to the commissioner with notice of the payment of the total loss claim and the name and address of the lienholder or security interest holder in possession of the title. The commissioner shall mail notice to the lienholder or security interest holder that a total loss claim has been paid on the vehicle and that the title to such vehicle has been canceled, and the commissioner shall provide to the lienholder or security interest holder a salvage certificate of title for such vehicle, provided that the validity of the security interest shall not be affected by issuance of a salvage certificate of title. The lienholder or security interest holder shall, within ten days after receipt of such notice of total loss claim and cancellation of the original certificate of title, deliver by electronic means the canceled original certificate of title to the commissioner; or   For the sole purpose of payment of a total loss claim, for any vehicle ten years of age or older for which neither the vehicle owner nor the lienholder or security interest holder, if any, possesses a certificate of title, the vehicle owner shall deliver the vehicle license plate and certificate of registration for such vehicle to the insurance company prior to payment of any claim and the insurance company shall mail or deliver the license plate and deliver by electronic means the certificate of registration to the commissioner with a completed form provided by the commissioner; provided, however, that the vehicle owner shall not operate such vehicle and the owner shall obtain a certificate of title for such vehicle as provided by law, which certificate of title shall then be subject to cancellation as provided in this paragraph.   The department shall give priority to the title submissions provided for in subparagraph (C) of this paragraph and shall issue a salvage certificate of title for such vehicles within seven days of receipt of such submissions by an insurance company.  (a.1)In the case of a motor vehicle which is subject to more than one perfected security interest or lien which motor vehicle is a total loss, if the insurer is to acquire title to the damaged motor vehicle, the holder of the senior security interest or lien, upon receipt of the settlement proceeds of the insurance policy in accordance with Code Section 33-34-9, shall apply for a new certificate of title for a transferee other than by voluntary transfer in accordance with subsection (b) of Code Section 40-3-35, naming the insurer only as transferee.        Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner by electronic means for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the payment of a total loss claim as provided in paragraph (4) of subsection (a) of this Code section to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title.   The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner.   Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word "salvage" on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. The legend "rebuilt" in no larger than 12 point font shall be placed on a certificate of title to a vehicle which was declared a salvage vehicle and subsequently repaired with less than two major component parts to restore the vehicle to an operable condition.   Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-37, the legend "rebuilt" shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 2004, and which was subsequently rebuilt.   As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court.The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.   The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Department of Insurance.The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.   It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor.Any owner of a salvage motor vehicle who transfers or attempts to transfer such vehicle without obtaining a salvage certificate of title for such vehicle shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00.Any lienholder or security interest holder who, after notice by the commissioner of payment of a total loss claim and cancellation of the title of a vehicle, fails or refuses to return the title to the commissioner or who surrenders the title to anyone other than the commissioner shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00.   The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehicle and return such plate to the commissioner for cancellation.An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation and of all inspection requirements for rebuilding or restoring such vehicle.   As used in this Code section, the terms:   "Scrap metal processor" shall have the same meaning as set forth in Code Section 43-43-1.   "Secondary metals recycler" shall have the same meaning as set forth in Code Section 10-1-350.   "Used motor vehicle parts dealer" shall have the same meaning as set forth in Code Section 43-47-2.       (Ga. L. 1961, p. 68, § 20; Ga. L. 1965, p. 264, § 1; Ga. L. 1966, p. 139, § 1; Ga. L. 1970, p. 185, § 1; Ga. L. 1975, p. 1596, § 1; Ga. L. 1979, p. 1108, § 1; Ga. L. 1981, p. 644, §§ 2, 4; Code 1981, §40-3-35; Ga. L. 1985, p. 1227, § 1; Ga. L. 1990, p. 8, § 40; Ga. L. 1990, p. 1657, § 5; Code 1981, §40-3-36, as redesignated by Ga. L. 1990, p. 2048, § 3; Ga. L. 1992, p. 2978, §§ 6, 7; Ga. L. 1993, p. 1260, § 7; Ga. L. 1998, p. 1179, § 35; Ga. L. 2000, p. 951, § 4-7; Ga. L. 2002, p. 848, § 2; Ga. L. 2004, p. 452, § 2; Ga. L. 2007, p. 585, § 1/HB 171; Ga. L. 2007, p. 635, § 2/HB 183; Ga. L. 2007, p. 652, § 12/HB 518; Ga. L. 2011, p. 355, §§ .1, 21/HB 269; Ga. L. 2011, p. 752, § 40/HB 142; Ga. L. 2012, p. 96, § 1/HB 900; Ga. L. 2012, p. 112, §§ 1-3, 1-4/HB 872; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2019, p. 337, § 1-99/SB 132; Ga. L. 2019, p. 872, § 2/HB 307; Ga. L. 2020, p. 493, § 40/SB 429; Ga. L. 2021, p. 358, § 2/HB 207.)    The 2019 amendments.  The first 2019 amendment, effective July 1, 2019, substituted "Department of Insurance" for "Insurance Department" at the end of the first sentence of subsection (g). The second 2019 amendment, in subparagraph (a)(4)(C), inserted the division (a)(4)(C)(i) and (a)(4)(C)(ii) designators, added the second through fifth sentences in division (a)(4)(C)(i), and redesignated former divisions (a)(4)(C)(i) through (a)(4)(C)(iv) as present subdivisions (a)(4)(C)(ii)(I) through (a)(4)(C)(ii)(IV), respectively. See the Editor's notes for effective date.    The 2020 amendment,  effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "online" for "on-line" in two places in subparagraph (a)(2)(J).    The 2021 amendment,  effective July 1, 2021, rewrote subsection (a); and inserted "by electronic means" near the beginning of subsection (b).   Cross references.   - Record maintained by metals recycler when recycling motor vehicles, § 10-1-351.    Further provisions regarding duty of scrap metal processors to deliver certificates of title to Department of Revenue, § 43-43-3.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1992, "of this Code section" was inserted following "subsection (a)" in subsection (b).   Pursuant to Code Section 28-9-5, in 1993, "canceled" was substituted for "cancelled" in two places in division (a)(2)(C)(iii) (now (a)(4)(C)(iii)) and a misspelling of "misdemeanor" was corrected in the second sentence of subsection (h).   Pursuant to Code Section 28-9-5, in 2004, "to a vehicle" was inserted following "certificate of title" in the second sentence of subsection (d).   Editor's notes.   - Ga. L. 2012, p. 112, § 4-1(a)/HB 872, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on or after July 1, 2012.   Ga. L. 2012, p. 112, § 4-2/HB 872, effective July 1, 2012, amended Ga. L. 2011, p. 355, § 21/HB 269 to remove the funding contingency for the amendment to paragraph (a)(3).   Ga. L. 2019, p. 872, § 8/HB 307, not codified by the General Assembly, provides: "This Act shall become effective upon approval by the Governor or upon its becoming law without such approval for purposes of developing the required forms and shall become effective on September 1, 2019, for all other purposes." This Act was approved by the Governor on May 7, 2019.   Law reviews.   - For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 238 (2012).   JUDICIAL DECISIONS   Constitutionality of requirement of sending title certificate to commissioner.    - Requiring a person to send the Revenue Commissioner the certificate of title of a motor vehicle disposed of as wreckage or salvage does not constitute an illegal seizure of private property without just compensation in violation of the Fourth Amendment to the Constitution, since the only purportedly valuable property involved is the title certificate and such a quasi-public document does not constitute property within the protection of the constitutional provision. McDonald v. State, 222 Ga. 596, 151 S.E.2d 121 (1966).   "Rebuilt" vehicle title need not have identifier.    - There is no duty on the purchaser of a "rebuilt" vehicle to have the certificate of title marked with any identifier; that duty is on the purchaser of a "salvage" vehicle, i.e., one not yet rebuilt. Bill Davidson Buick, Inc. v. Sims, 187 Ga. App. 81, 369 S.E.2d 285 (1988).    Cited in Barron v. State, 109 Ga. App. 786, 137 S.E.2d 690 (1964); Cole v. State, 118 Ga. App. 228, 163 S.E.2d 250 (1968); Martin v. State, 160 Ga. App. 275, 287 S.E.2d 244 (1981); Hubacher v. Volkswagen Cent., Inc., 164 Ga. App. 791, 298 S.E.2d 533 (1982); Hall v. Rome Auto. Co., 181 Ga. App. 621, 353 S.E.2d 542 (1987).   OPINIONS OF THE ATTORNEY GENERAL   Interest of insurance companies in salvage vehicles.   - Insurance company acquires a beneficial interest to wrecked or salvage vehicles and is charged with the responsibility of turning in the certificate of title to the commissioner. 1967 Op. Att'y Gen. No. 67-256 (rendered under Ga. L. 1961, p. 68, prior to amendment by Ga. L. 1981, p. 644, §§ 2, 4).   Surrender of plates and registrations of salvage vehicles.   - Owners and insurers are required to surrender to the commissioner the license plates and registrations of vehicles which become salvage or total loss vehicles. 1997 Op. Att'y Gen. No. 97-24.   Transfer of salvage titles.   - Licensed used motor vehicle parts dealer can transfer salvage titles without being licensed as a used motor vehicle dealer provided that such dealer complies with O.C.G.A. T. 40, Ch. 3 and the rules and regulations of the State Revenue Commissioner relating to salvage vehicles. 1998 Op. Att'y Gen. No. 98-14.   Possession of title to rebuilt vehicle not prohibited.   - That provision which makes it unlawful for a person to possess a certificate of title for a vehicle which has been sold or disposed of as salvage or wreckage applies only to those persons who acquire the vehicle when the vehicle is wreckage or salvage; a person who buys the vehicle which was subject to the salvage provision after the vehicle has been repaired or rebuilt is not violating this provision by possessing the title. 1967 Op. Att'y Gen. No. 67-179 (rendered under Ga. L. 1961, p. 68, prior to amendment by Ga. L. 1981, p. 644, §§ 2, 4).   RESEARCH REFERENCES   C.J.S.   - 60 C.J.S., Motor Vehicles, §§ 101, 102. 61A C.J.S., Motor Vehicles, § 1759.   U.L.A.   - Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 19.