GA - GAC
Rules and Regulations of the State of Georgia
Terms and Conditions of Agreement for Access to Rules and Regulations of the State of Georgia Website

(Note: certain features of this site have been disabled for the general public to prevent digital piracy. If you are an entitled government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A.§ 50-13-7(d) contact the State of Georgia's Administrative Procedures Division at 678-364-3785 to enable these features for your location.)

To access this website, you must agree to the following:

These terms of use are a contract between you and/or your employer (if any), and Lawriter, LLC.

You agree not to use any web crawler, scraper, or other robot or automated program or device to obtain data from the website.

You agree that you will not sell or license anything that you download, print, or copy from this website.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS." THE STATE OF GEORGIA AND LAWRITER EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ARE NOT LIABLE TO ANY PERSON FOR ANY ERRORS IN INACCURACIES CONTAINED IN THIS WEBSITE.

By accessing and/or using this website, you agree to the terms and conditions above. If you do not agree to the terms and conditions above, you must cease accessing and/or using this website and destroy all material obtained from this website without your agreement.

If you accept these terms enter the information below and click “I AGREE”.

Subject 560-10-13 SCRAPPED VEHICLES (UNDER THE MOTOR VEHICLES CERTIFICATE OF TITLE ACT)

Rule 560-10-13-.01 Definitions

(1) For the purposes of Assembled, Salvage, and Scrapped Vehicles and the Rules under this chapter, the following definitions and explanation of terms shall apply:
(a) Assembled. The term "assembled" means a vehicle put together from individual parts and/or major component parts by a person who is not a vehicle manufacturer.
(b) Brand. The term "brand" means a statement or legend placed on a title by the State of Georgia or by any other jurisdiction. Every brand issued by Georgia or another jurisdiction shall be carried forward and printed on the Georgia certificate of title issued by the Department. Brands so recognized include, but are not limited to, salvage or salvaged, Lemon Law, Rebuilt, Special Construction, valid and assignable certificate of title and may be subject to undisclosed liens and security interests
(c) Derelict motor vehicle. The term "derelict motor vehicle" shall have the meaning given it in O.C.G.A. § 40-11-9.
(d) Fire damaged vehicle. The term "fire damaged vehicle" shall have the same meaning given it in O.C.G.A. § 40-3-36.1.
(e) Flood damaged vehicle. The term "flood damaged vehicle" shall have the same meaning given it in O.C.G.A. § 40-3-36.1.
(f) Manufacturer buyback. The term "manufacturer buyback" shall mean a vehicle replaced or repurchased by the manufacturer pursuant to the Motor Vehicle Warranty Rights Act, O.C.G.A. § 10-1-780 et. seq.
(g) Previously salvaged motor vehicle. The term "previously salvaged motor vehicle" means a rebuilt vehicle that is not a salvage motor vehicle as that term is defined in O.C.G.A. § 40-3-2(11).
(h) Rebuilt motor vehicle. The term "rebuilt motor vehicle" shall have the same meaning given it in O.C.G.A. § 40-3-2(10).
(i) Replacement title. The term "replacement title" shall have the same meaning given it in O.C.G.A. § 40-3-31.
(j) Small Volume Manufacturer. The term "Small Volume Manufacturer" means a Georgia manufacturer that currently meets or has met Federal Motor Vehicle Safety Standards and the Georgia Clean Air Act, does not exceed the number of manufactured or assembled vehicles pursuant to O.C.G.A. 10-1-664.1(7), and is registered pursuant to O.C.G.A. 40-2-38.
(k) Small Volume Manufacturer Title. The term "Small Volume Manufacturer Title" means a certificate of title issued upon application of the Small Volume Manufacturer's Certificate of Origin and Assembled Vehicle inspection by the Department.
(l) Stolen/unrecovered. The term "stolen/unrecovered" shall mean a vehicle that has been reported stolen, on which an insurance carrier has paid a total loss claim, and which has not yet been recovered by a law enforcement agency.
(m) Surety bond title. The term "surety bond title" shall mean a title issued to a vehicle pursuant to the provisions of O.C.G.A. § 40-3-28, which title shall be branded so as to read: "This Title was issued on the basis of a surety bond and may be subject to undisclosed liens, security interests, salvage, odometer reading discrepancy, or other conditions."
(n) Vehicle. The term "Vehicle" shall have the meaning given it in O.C.G.A. § 40-1-1(75).
(o) Wreckage or Salvage motor vehicle. The term "wreckage or salvage motor vehicle" shall have the meaning given it in O.C.G.A. § 40-3-2(11).

Rule 560-10-13-.02 Repealed

Rule 560-10-13-.03 Commissioner Discretion for Affixing a Brand to a Certificate of Title

If the Commissioner determines that an initial inspection of a vehicle cannot be made due to the failure of an insurance company to comply with O.C.G.A. § 40-3-36 and it is in the best interest of the state and or the vehicle owner not to conduct an initial inspection, the Commissioner may affix an appropriate brand to the certificate of title as defined by Georgia Law.

Rule 560-10-13-.04 Certificate of Title of a Vehicle where the Commissioner is not satisfied as to the Ownership; Bond

(1) When appropriate documentation is not available to prove ownership pursuant to the Certificate of Title Act and certificate of title is not held by a lien holder, the methodologies set forth herein shall be used to secure issuance of a Certificate of Title.
(2) An owner applying for a certificate of title and registration who cannot satisfy the commissioner as to the assignment of ownership shall submit to the commissioner or duly authorized county tag agent:
(a) A title application on a form prescribed by the commissioner along with the requisite supporting documentation;
(b) A surety bond on a form prescribed by the commissioner in an amount required in sub-section (3) of this Rule. The bond shall be issued by a bonding, surety or insurance company licensed to do business in Georgia and contain verification that the vehicle is not subject to any security interest or lien;
(i) If the vehicle has not been issued a Georgia Certificate of Title, a report from the National Motor Vehicle Title Information System (NMVTIS) (www.vehiclehistory.gov) indicating the title of record;
(ii) The owner shall then provide a certified title history from the state where the vehicle is currently titled and if the certified title history indicates a security interest or lien, the application shall be denied.
(c) An affidavit from the transferor or seller, on a form prescribed by the commissioner, stating the reason or reasons an assigned and warranty of title cannot be provided, including all efforts to obtain the certificate of title;
(d) A certification of the vehicle identification number (VIN) inspection on a form prescribed by the commissioner made by a duly constituted city, county or state law enforcement officer. Any officer completing such a certification shall query the Georgia Crime Information Center to determine if the vehicle in question is stolen, and he or she shall indicate that the query was made on the face of the Form; and
(e) Payment of all applicable taxes and fees.
(f) No application for title shall be accepted for any vehicle subject to a security interest or lien.
(3) The bond amount shall be double the fair market value of the motor vehicle as provided for in O.C.G.A. § 48-5C-1, or $5,000.00 whichever is greater.
(4) In the event the value is not found in the motor vehicle assessment, including any commercial vehicle or trailer, the bond amount shall be double the taxable value determined by the County Board of Tax Assessors, or $5,000.00 whichever is greater.
(a) The County Board of Tax Assessors shall apply the same procedures to determine the taxable value as other personal property would be assessed.
(b) The Assessor shall provide to the owner a signed and dated statement of the taxable value on Assessor's official stationary describing the vehicle, the legal name of the person requesting the assessment, and the amount of taxable value.
(5) Upon determination by the duly authorized county tag agent that the application with the appropriate documentation and that payment of all required fees has been received, the Department may issue a Georgia Certificate of Title that states "Surety Bond" in the legend.

Rule 560-10-13-.05 Repealed

Rule 560-10-13-.06 Repealed

Rule 560-10-13-.07 Repealed

Rule 560-10-13-.08 Repealed

Rule 560-10-13-.09 Repealed

Rule 560-10-13-.10 Repealed

Rule 560-10-13-.11 Repealed

Rule 560-10-13-.12 Repealed