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Subject 560-10-32 TEMPORARY REGISTRATION OF MOTOR VEHICLES

Rule 560-10-32-.01 Definitions

(1) "Additional License Plates" means any additional license plates issued according to the number of qualified retail sales subsequent to the Master Tag upon proper application and fees.
(2) "Commissioner" means the state revenue commissioner.
(3) "Department" means the Department of Revenue.
(4) "Expiration Date" means the expiration date as printed on a Temporary Plate issued pursuant to Chapter 560-10-32-.05.
(5) "Insert" has the meaning assigned to it in Chapter 560-10-32-.05(2)(b).
(6) "Lot" shall have the same meaning as the term "Established Place of Business" as defined in Code Section 40-2-39(a)(3).
(7) "Master Tag" means the first license plate and registration issued by the Department.
(8) "New Vehicle Dealer" has the same meaning as in Code Sections 40-1-1(11) and 40-2-39(a)(1).
(9) "New Vehicle Distributor" or "Distributor" shall have the same meaning as provided for in Code Section 40-2-39(a)(2) with an established Place of Business in the State of Georgia.
(10) "Not for Profit Dealers Associations" are designated by Internal Revenue Service Code § 501(c)(6) and shall include their wholly owned subsidiaries and representatives of Georgia New Vehicle Dealers or Used Vehicle Dealers.
(11) "Place of Business" means a location within Georgia where a New Vehicle Distributor or Vehicle Manufacturer operates their business as a New Vehicle Distributor or as a Vehicle Manufacturer.
(12) "Registered Temporary Plate Distributor" means members of the Not for Profit Dealers Association of Georgia who have authority to distribute Temporary Plates to New Vehicle Dealers and Used Vehicle Dealers.
(13) "Registration" means, upon the proper application and payment of fees, a certificate of registration containing a permanent New Vehicle Dealer or Used Vehicle Dealer identification number issued by the Department.
(14) "Security Image" means the image designed by the Department for the Manufacturer to use for the Temporary Plate.
(15) "Temporary Plate" means a temporary license plate as provided for in Code Section 40-2-8(b).
(16) "Temporary Site" shall have the same meaning as provided for in Code Section 40-2-39(a)(8).
(17) "Used Vehicle Dealer" has the same meaning as Code Sections 40-1-1(11) and 43-47-2(17).
(18) "Vehicle Manufacturer" or "Manufacturer" shall have the same meaning as provided for in Code Sections 40-1-1(26) and 40-2-39(a)(4).

Rule 560-10-32-.02 Requirements for Manufacturers, Distributors, and Dealers

(1) Vehicle Manufacturers, New Vehicle Distributors, New Vehicle Dealers, and Used Vehicle Dealers shall apply for Registration using a form distributed by the Department. Incomplete forms and forms completed incorrectly shall be rejected and returned to the applicant with the application fee.
(2) New Vehicle Dealer applications must include photographs of the New Vehicle Dealer's Lot.
(3) Used Vehicle Dealer applications must include an active license pursuant O.C.G.A. § 43-47-1, cited in the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act."
(4) No Lot may contain more than one (1) New Vehicle Dealer or Used Vehicle Dealer.
(5) New Vehicle Dealers and Used Vehicle Dealers shall not conduct business as a New Vehicle Dealer or as a Used Vehicle Dealer except at their Lot or at a location where the New Vehicle Dealer has obtained a Temporary Site permit.
(6) New Vehicle Dealers that have not obtained a Temporary Site permit in violation of this Regulation may be subject to the following administrative fines issued by the Commissioner in compliance with O.C.G.A. § 40-2-39(c):
(a) For the first offense, an administrative fine of $100.00 per vehicle sold;
(b) For the second offense, an administrative fine of $500.00 per vehicle sold and suspension of Registration for no more than three days; or
(c) For the third and all subsequent offenses, an administrative fine of $1,000.00 per vehicle sold and suspension of Registration for no more than ten days.

Rule 560-10-32-.03 Requirements for a Dealer's Established Place of Business

(1) New Vehicle Dealers must maintain an inventory of at least five (5) new vehicles manufactured by each Manufacturer from which it holds a franchise.
(2) New Vehicle Dealers and Used Vehicle Dealers must:
(a) Maintain an inventory of vehicles readily available for sale at all times;
(b) Operate on a Lot that is large enough for a sales office, vehicle maintenance, and allows for the minimum required inventory to be displayed on the premises; and
(c) Install and maintain a sign visible from the front of the business that contains at least the name of the dealership.
(3) Failure to comply with the requirements of this Regulation may result in the Department revoking the New Vehicle Dealer's or Used Vehicle Dealer's Registration, Master Tag, and Additional License Plate.

Rule 560-10-32-.04 Requirements to Obtain Manufacturer's or New Vehicle Distributor's Master Tags and Additional License Plates

(1) To qualify for a Manufacturer's or Distributor's Master Tag and Additional License Plates, a Vehicle Manufacturer or New Vehicle Distributor shall provide to the Department:
(a) Proof that such Manufacturer or Distributor maintains a Place of Business in the State of Georgia;
(b) The Vehicle Identification Number (VIN) of the Manufacturer's or Distributor's motor vehicle that the Manufacturer's or Distributor's Master Tag or Additional License Plate will be attached to;
(c) The name and address of each individual that will be allowed to operate the vehicle with the Manufacturer's or Distributor's Master Tag or Additional License Plate; and
(d) The manner of use of the motor vehicle for which the Manufacturer's or Distributor's Master Tag or Additional License Plate is being issued.
(2) The Vehicle Manufacturer or New Vehicle Distributor shall not operate a vehicle longer than six-months (6) and must provide the VIN of each vehicle operated within three (3) days when another vehicle is placed in service.

Rule 560-10-32-.05 Temporary Plates

(1) Temporary Plates shall consist of two parts:
(a) A non-permanent license plate that is the same size as a State of Georgia general issue license plate and is displayed no longer than the time period specified in Code Sections 40-2-8(b) and 40-2-20; and
(b) An Insert, which is:
(i) A sticker designed by the Department and provided by a Registered Temporary Plate Distributor, with security features;
(ii) Machine printed with an expiration date fixed by the Department and affixed to the Temporary Plate at the time of purchase;
(iii) Obtained from the Department or one of the Department's Registered Temporary Plate Distributors; and
(iv) Issued by the New Vehicle Dealer or Used Vehicle Dealer at the time of purchase.
(2) All motor vehicles described in Code Section 40-2-20 that are operated on the public highways and streets of this state and are purchased from a New Vehicle Dealer or a Used Vehicle Dealer shall display a Temporary Plate issued by such New Vehicle Dealer or Used Vehicle Dealer on the rear of the vehicle in the area provided for a license plate during the initial registration period. This requirement does not apply to:
(a) Vehicles that must be registered under the International Registration Plan pursuant to Article 3A of Chapter 2 in Title 40; or
(b) Salvage motor vehicles.
(3) New Vehicle Dealers and Used Vehicle Dealers shall not:
(a) Obtain or procure the Temporary Plate from any entity other than the Department or one of the Department's Registered Temporary Plate Distributors; or
(b) Charge a fee that exceeds the actual cost of the Temporary Plate plus standard shipping and handling costs.
(4) The commissioner shall automatically extend the Expiration Date of any Temporary Plate for an additional 15 days beyond the initial registration period as set forth in Code Section 40-2-21(a)(.1). Such extension shall not preclude the local tax commissioner from granting any other applicable extension.
(a) The extension of the Expiration Date shall not relieve any owner of his or her obligation to register the motor vehicle within the initial registration period as set forth in Code Section 40-2-21(a)(.1).
(b) The extension of the initial Expiration Date provided for in this subpart shall not relieve any dealer from any late penalties set forth in the Certificate of Title Act or Code Section 48-5C-1.

Rule 560-10-32-.06 Design, Manufacture, and Distribution of Temporary Plates and Inserts

(1) Temporary Plates issued to New Vehicle Dealers or Used Vehicle Dealers shall:
(a) Be designed to resist deterioration or fading due to exposure during the 30-day initial registration period in which the Temporary Plate is required to be displayed;
(b) Be the same size of a general issue license plate of the State of Georgia; and
(c) Include an area represented by a rectangular space to affix the Insert onto the temporary registration printed in accordance with this Chapter.
(2) Temporary Plates issued to New Vehicle Dealers or Used Vehicle Dealers may include the name of the dealership along with the address, in accordance with these provisions.
(3) The Department may enter into contracts with Not for Profit Dealers Associations in Georgia as Registered Temporary Plate Distributors.
(4) The Department will provide Temporary Plates only to Registered Temporary Plate Distributors who then may only issue Temporary Plates to Registered New Vehicle Dealers or Used Vehicle Dealers.
(5) The Department shall determine the design and procurement of Temporary Plate Inserts and provide the inventory of the Inserts to Registered Temporary Plate Distributors.
(6) The Registered Temporary Plate Distributors shall be authorized to distribute Temporary Plate Inserts to New Vehicle Dealers and Used Vehicle Dealers who have an active Registration issued by the Department and who comply with all applicable provisions of Chapter 560-10-32-.03.

Rule 560-10-32-.07 Security Standards and Specifications for Temporary Plates

(1) A Security Image shall be designed by the Department for the Manufacturer to affix on the Temporary Plate. The Department may alter or change the Security Image at will and with no prior notice.
(2) Temporary Plates shall be:
(a) Numbered by the Department and contain the Department's Registered Temporary Plate Distributor's assigned registration number and a serial number;
(b) Stored and secured, as would any item of value that requires extra security, so that Temporary Plates are not openly visible or accessible except in the course of a business transaction; and
(c) Registered with the Department by each New Vehicle Dealer and Used Vehicle Dealer by a computer interface with either a third-party provider authorized by the Department or the Department's Registered Temporary Plate Distributor. The third-party provider shall have an agreement with the Department for full-service title and registration known as Electronic Title and Registration (ETR). The Department's Registered Temporary Plate Distributor shall provide a computer interface for temporary registration.
(3) New Vehicle Dealers and Used Vehicle Dealers that do not register the purchase of a vehicle by either ETR or the Department's Registered Temporary Plate Distributor shall apply for title, registration, and obtain a license plate in the office of the purchaser's County Tag Agent prior to the delivery and operation of the vehicle.
(4) The Department's Registered Temporary Plate Distributor shall record and maintain an inventory record of each Temporary Plate by the serial number and dealer identification number.
(5) Any delivery or shipment of Temporary Plates shall be secure so that every delivery is traceable from the point of origin to the point of delivery.
(6) Any New Vehicle Dealer or Used Vehicle Dealer that issues a Temporary Plate not in accordance with these Regulations is in violation of state law. Such violation shall be punishable as a misdemeanor according to O.C.G.A. § 40-2-2.

Rule 560-10-32-.08 Prohibitions for the Use of Dealer Master Tags, Additional License Plates, and Temporary Plates

(1) Temporary Plates shall not be:
(a) Issued to a vehicle which is branded as a salvage vehicle as defined in § O.C.G.A. 43-47-2(14) or to a New Vehicle Dealer or to a Used Vehicle Dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which insurers have paid total loss claims;
(b) Hand printed or be placed on any vehicle other than a motor vehicle that has been purchased by a retail customer from a registered New Vehicle Dealer or a registered Used Vehicle Dealer; or
(c) Obtained or procured from any source other than the Department's Registered Temporary Plate Distributor.
(2) New Vehicle Dealers and Used Vehicle Dealers shall not:
(a) Issue additional Temporary Plates or extend the Expiration Date beyond the initial registration period;
(b) Charge a fee for the issuance or registration of the Temporary Plate;
(c) Use a Temporary Plate for any purpose not specified in these Regulations, including: demonstration, employee use, or transporting vehicles from one location to another; or
(d) Provide a Master Tag or any Additional License Plate to any person, including a retail customer, in lieu of a Dealer Temporary Plate, unless permitted to do so by law.