Rule 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. (1) "Administrative Procedures Act" means O.C.G.A. Chapter 50-13.
2. (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. (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. (4) "Appropriate permanent signage" means signage which meets the requirements as described in Board Rule 681-6-.01(e).
5. (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. (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. (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. (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. (9) "Deal Jacket" shall consist of all the following documents included in the sale of a used motor vehicle:

   1. (a) Bills of sale for the vehicle; to include the purchase (by the dealer) and sale (to the customer) of the vehicle;
   2. (b) Proof of passing emissions inspection as required by the Department of Natural Resources Rule 391-3-20-.18;
   3. (c) Odometer statements from the purchase (by the dealer) and sale (to the customer) of the vehicle;
   4. (d) Copy of purchaser's driver's license, or government issued identification;
   5. (e) Copy of front and back of buyer's guide;
   6. (f) Copy of front and back of title;
   7. (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);
   8. (h) Copy of MV-1; Department of Revenue "Motor Vehicle Tag/Title Application" form, or its equivalent for the vehicle (if applicable); and
   9. (i) Copy of all Temporary Operating Permits (TOPs) issued by the dealer to the purchaser.
10. (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. (11) "Established place of business" is defined in O.C.G.A. Section 43-47-2.
12. (12) "Facility Closed" means the Board has determined the dealer has vacated their established place of business.
13. (13) "Fee schedule" means a written listing of the amounts of all fees charged by the Board.
14. (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. (15) "Motor vehicle" or "car" is defined in O.C.G.A. Section 43-47-2(7).
16. (16) "Odometer disclosure form" means the form required under the regulations found at 49 C.F.R. Part 580.
17. (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. (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. (19) "Person" means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character.
20. (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. (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. (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. (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. (24) "Reinstatement" means re-issuance of an expired or revoked license.
25. (25) "Salesroom" and "sales office" are synonymous and must meet the requirements of Board Rule 681-6-.01 Established Place of Business.
26. (26) "State Revenue Commissioner" means the office created in O.C.G.A. Section 48-2-2.
27. (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. (28) "Temporary Plate" means a temporary operating permit issued by a dealer pursuant to O.C.G.A. Section 40-2-8.
29. (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. (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. (31) "Working telephone" means an active and working telephone line.

Authority: O.C.G.A. §§ 43-47-2, 43-47-3, 43-47-6, 43-47-8, 43-47-12.

History. Original Rule entitled "Organization of Board" adopted as ER. 681-1-0.1-.01. F. Aug. 7, 1995; eff. Aug. 2, 1995, as specified by the Board.

Amended: Permanent Rule entitled "Definitions" adopted. F. Dec. 8, 1995; eff. Dec. 28, 1995.

Amended: F. July 16, 2006; eff. August 6, 2006.

Repealed: New Rule of same title adopted. F. Dec. 6, 2006; eff. Dec. 26, 2006.

Amended: F. Feb. 12, 2025; eff. Mar. 4, 2025.