Ga. Comp. R. & Regs. 560-10-23-.01

Current through Rules and Regulations filed through June 17, 2024
Rule 560-10-23-.01 - Definitions
(1) As used in this Subject, the term:
(a) "Branded certificate of registration" or "branded certificate" means a Georgia certificate of registration that was branded by the Department as not providing proof of ownership because a complete and uninterrupted chain of ownership could not be verified.
(b) "County tag agent" or "tag agent" means those persons that have been designated as tag agents of the State Revenue Commissioner as provided for in Code Section 40-2-23.
(c) "Department" means the Department of Revenue.
(d) "DRIVES" means the Driver Record and Integrated Vehicle Enterprise System maintained by the Motor Vehicle Division as the State of Georgia's official record of motor vehicle titles and registrations and any successor system.
(e) "Inspection affidavit" means a notarized affidavit signed by the applicant providing the following affirmations under penalty of perjury:
1. The applicant shall attest under penalty of perjury that the applicant has direct knowledge and can affirm that the vehicle is a utility use vehicle that meets the specifications required in Code Section 40-1-1(33.1).
2. The applicant shall ensure at all times that the requirements for operation of the registered multipurpose off-highway vehicle by a licensed driver as provided in Rule 560-10-23-.04 are met.
3. The applicant shall ensure at all times that the requirements for liability insurance coverage on the registered multipurpose off-highway vehicle as provided in Rule 560-10-23-.04 are met.
4. The applicant shall ensure at all times that the registered multipurpose off-highway vehicle shall only be operated on permitted roads as provided in Rule 560-10-23-.04.

An inspection affidavit and an ownership affidavit may be combined on the same form provided by the Department.

(f) "Utility use vehicle" means a motorized vehicle having features specifically intended for utility use that is designed and manufactured as a utility task vehicle, excluding any vehicle modified to become a utility task vehicle, unless such vehicle already qualified as a utility task vehicle before such modification.
(g) "Multipurpose off-highway vehicle" shall have the same meaning as provided for in Code Section 40-1-1(33.1).
(h) "Ownership affidavit" means a notarized affidavit signed by the applicant stating under penalty of perjury that the applicant legally purchased the vehicle from the previous owner, that to the best of the applicant's knowledge the vehicle has never been stolen or stolen and resold, and that to the best of the applicant's knowledge there are no undisclosed liens on the vehicle. An ownership affidavit and an inspection affidavit may be combined on the same form provided by the Department.
(i) "Qualified record of ownership" means the most recent manufacturer's certificate of origin, manufacturer's statement of origin, government-issued certificate of title, or government-issued registration if the government issuing such registration does not issue motor vehicle titles or does not issue titles for a class of vehicles including multipurpose off-highway vehicles. Such term shall include a Georgia certificate of registration issued for a multipurpose off-highway vehicle, unless such certificate is a branded certificate of registration.
(j) "Utility task vehicle" means a motorized vehicle designed and manufactured primarily for performing off-road tasks in agricultural, construction or industrial settings. The term excludes:
1. All golf carts and off-road recreational vehicles, such as dune buggies; and
2. Any vehicle designed or manufactured for on-road use, regardless of whether such on-road use was intended for highways within Georgia or elsewhere.

Ga. Comp. R. & Regs. R. 560-10-23-.01

O.C.G.A. §§ 40-1-1, 40-2-11, 40-2-23, 40-2-26, 40-3-3, 40-6-362.

Original Rule entitled "Citation and Change of License Tag Classification and/or Renewal Decal" adopted. F. Dec. 19, 1973; eff. Jan. 8, 1974.
Repealed: F. Jan. 24, 2005; eff. Feb. 13, 2005.
Adopted: New Rule entitled "Definitions." F. Feb. 6, 2024; eff. Feb. 26, 2024.