Legal Issues that could effect all MV Owners

[zout]

Plain English - OCGA codes does not state any Mfg Name make or model - it just flat states if it is not complaint after 1985 it is not legal if it does not have an FMVSS decal attached to the vehicle.
Before I add the code - those building bobbers - building crew cabs and manipulating or reconfiguring trucks in the State of Georgia better look up O.C.G.A. Title 40-3-30.1 - But read my post #320 before you look it up.

O.C.G.A. § 40-2-27
GEORGIA CODE
Copyright 2013 by The State of Georgia
All rights reserved.
*** Current Through the 2013 Regular Session ***
TITLE 40. MOTOR VEHICLES AND TRAFFIC
CHAPTER 2. REGISTRATION AND LICENSING OF MOTOR VEHICLES
ARTICLE 2. REGISTRATION AND LICENSING GENERALLY
O.C.G.A. § 40-2-27 (2013)
§ 40-2-27. Registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; certificate of title


(a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation.

(b) The provisions of subsection (a) of this Code section shall only apply to applications for certificates of registration for such motor vehicles first registered in Georgia after July 1, 1985. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of registration.

(c) Applications for registration of such motor vehicles shall be accompanied by a Georgia certificate of title, proof that an application for a Georgia certificate of title has been properly submitted, or such other information and documentation of ownership as the commissioner shall deem proper.

(d) Before a certificate of registration is issued for an assembled motor vehicle or motorcycle, such assembled motor vehicle or motorcycle shall have been issued a certificate of title in Georgia and shall comply with the provisions of Code Section 40-3-30.1.

HISTORY: Code 1981, § 40-2-25.1, enacted by Ga. L. 1985, p. 693, § 1; Code 1981, § 40-2-27, as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1994, p. 97, § 40; Ga. L. 2000, p. 951, § 3-5; Ga. L. 2002, p. 512, § 5; Ga. L. 2002, p. 1378, § 2; Ga. L. 2008, p. 835, § 3/SB 437.

If and when they pull titles and registrations in Ga if this is not passed - you do not have a leg to stand on because YOU should have known. State relieves itself of liability because you did not look it up and took it for granted.
There are no other hidden free pass's or hidden anything that has not been pursued in current law. It states it here in plain English.

Please contribute to help the lobbyist if you have not done alrea We have the answer to get this changed but without your help it will be a tough battle with so few many days remaining in the General Assembly 2014.

 

[Robo McDuff]

§ 1-3-6. When laws become obligatory; effect of ignorance


After they take effect, the laws of this state are obligatory upon all the inhabitants thereof. Ignorance of the law excuses no one.

In the Netherlands there were large discussions about this, basically about the "eveybody should know The Law". In todays society and with the speed laws change also EU and country laws (on your side Federal and State law) that is impossible. However, they thought of a nice little sentence to go around that; you have to know the law relevant for you.

Actually, that makes much more sense. Nobody expect you to know every single law. However, if you go fishing, you need to know what are the laws on angling, where you can fish etc. Same way, if your hobby is MVs, you need to know ALL the laws on MVs. Effect is the same; ignorance is no defence. However, unclear local ordinations or remarks and decissions of local authirities can be used as defense even if they made a mistake or interpreted the law wrong.

Going to court with that defence is a long and costly trip, better to get the laws corrected.

 

[zout]

Robo - gotta tell ya Bro - you have been a rock solid fighter in this and I salute you sir. Thank you for your concerns here along with the remainder of us in this endeavor and your $ support. True folks do stand out in a crowd and your one of them.

 

[zout]

Now that you have seen the facts: 14,879 views with $2228.79 donated equals per person =

Or 322 posts and some are multiple posts - $2228.79 divided by 322 (some gave multiple times) =

We are almost there members - every little bit helps to reach our goal for future MVers in Georgia.

 

[auctionaddict]

OK, Im a new SS member here in GA. Also new to MVs.. I just bought but haven't paid for a 1986 AM GENERAL m944a1 on GL . Its delivery date is 09/1986.
Will I be able to title this or do I need to back out and find something older ??

Thanks

 

[patracy]

I'm assuming you bought it private party? (Bought buy haven't paid) Do they have the title? If not, they (if they're the original buyer from GL) need to get the SF97 and apply for a title, then you'll need the title signed over to you. GA requires titles for 1986 and higher.

 

[papabear]

OK, Im a new SS member here in GA. Also new to MVs.. I just bought but haven't paid for a 1986 AM GENERAL m944a1 on GL . Its delivery date is 09/1986.
Will I be able to title this or do I need to back out and find something older ??
Thanks

Yes, no and maybe, at least temporarily...read the entire thread Brother.

 

[jw4x4]

OK, Im a new SS member here in GA. Also new to MVs.. I just bought but haven't paid for a 1986 AM GENERAL m944a1 on GL . Its delivery date is 09/1986.
Will I be able to title this or do I need to back out and find something older ??

Thanks

He states he bought it on GL.

 

[73m819]

Will cost you BIG bucks to back out from GL.

 

[auctionaddict]

Yes, no and maybe, at least temporarily...read the entire thread Brother.

I have been reading it, Just alittle confused. Too much reading !!

 

[auctionaddict]

So, worst case I have to wait a year to title it, Right ?

 

[auctionaddict]

Im just freaking out alittle. That's a lot of $$ for me and I want to be able to enjoy it asap !

 

[papabear]

I have been reading it, Just alittle confused. Too much reading !!

We all are Brother. Just trying to get the system right so folks in the future don't have the same problems we are having.

 

[zout]

Two fold answer for you and you will not like either one of them.

No to your inquiry - it cannot be legally titled or registered in the State of Georgia. NO MATTER what manufacture it was. This has nothing to do with only BMY HARSCO only.

Could it be titled under a given name or alias in the system - YES - will it make it legal NO - go back and read the Code of Regulations.

Answer - donate to get this changed.

Those that are sitting back and thinking they are safe because they have titles and registrations 86 and later - good luck to ya all.

Anyone Bobbing and making Crewcabs and converting from original configuration - good luck

Read above the Georgia Code of Regulations as they now stand.
Answer - donate to this cause.

 

[swiss]

Good question. I have another member who send me via email his rejection letter on an AM General perfectly legal 1985 900 series truck. So the answer is We are eatingnot clear. He is waiting till the dust settles but has a legitimate case that his truck is legal per the law. It will take a proper arguement to present the facts.

In your case I have seen members get registration and others rejected. Per the law you are past the July 1st date thus they have legal ground to reject.

I would donate to the cause.

We we can not tell what will happen in your case. Reading the facts it is not legal based on the law today

 

[swiss]

So, worst case I have to wait a year to title it, Right ?

Wrong, current ga law cuts off at July 1st 1986. The date never moves as it should. That is why it is so important that we get the law corrected

 

[auctionaddict]

How does the SF97 work ?
Is it specific to My name and my state ?
If I go ahead and get the truck, bring it home and cant title it, would I be able to sell it too someone in another state with the SF97 ?

 

[zout]

Don't go into panic mode yet would be my biggest suggestion. Get your truck work on it and help us. The process in the General Assembly was posted a few pages back of what has to happen draft & Bill wise.

OK - to answer your loaded question:

If you look on the surface of the GA Motor Code Manual - you will read all it takes is an SF97 & T22B form BUT when the State kicks that back to the head honcho's only they know this Code of Regulations exists - some DMV offices know as well due to the fact folks have been coming in. Some actually forced or just made out Titles due to the fact a specific MFG name was already in the system - THAT DOES NOT MAKE THEM LEGAL. Read the Ga Code of Regulations and the Law before that one I posted - the individual is held totally responsible.

Yes you could sell it to someone with the proper documents in another State - but not vice versa at this time.

 

[glcaines]

A lot of guys are buying M35A3s in Georgia. These are all illegal to title in Georgia as Zout, Swiss and others have mentioned. This has nothing to do with the manufacturer. AM General is a listed manufacturer in the DMV database. It strictly has to do with the year of manufacture. I was finally issued a GA title after several rejections, one of which was at the State DMV in Atlanta. When I mentioned that others had already been issued titles they told me that it was very likely that they could have their titles revolked. They told me at the time that they were concentrating and starting on people with Humvees that had GA titles, but that all were illegal. I finally had a title issued as it was likely processed by someone that wasn't familiar with the regs. I could lose my title at any time.

Anyone with a newer MV should definitely contribute to the cause. Anyone that might want a newer MV in the future should donate. This would apply to all States because restrictive regulations seem to reproduce and just because there is not a problem today in a state other than Georgia, it might be your turn in a few months or years. Almost anyone can afford a few dollars. Contribute what you can. It only takes a few minutes to do the right thing.

 

[ryan77]

After reading all this im really sort of shocked that Georgia would do this ! The fact this is going on in what i thought would be a MV friendly state should be a wake up call for the rest of the country. Usually laws like this spread to other states! My support is with u guys in your battle..