Rule 60-2-1-.19 - Manufacturer's Examination of the Vehicle(1) A manufacturer may perform an examination, which may include a test drive and necessary testing of the vehicle, to aid in the preparation of its defense, provided the consumer receives timely notice of the request pursuant to Rule 60-2-1-.17(1)(b)2.(2) If the manufacturer examines the vehicle, it shall not adjust, remove or replace any part or component or attempt to repair the vehicle. A detailed written report containing a complete description of any examination(s) performed, a recitation of all data gathered or generated during the examination(s), and any conclusion(s) reached as a result of any examination(s) shall be prepared. A copy of the report shall be provided to the panel, the consumer and all other parties, if any, as soon as possible, but in no event later than five (5) days before the date of the hearing. If the manufacturer fails to comply with any part of this subsection, evidence or testimony related to the manufacturer's examination may be limited or excluded by the arbitrator(s) at the hearing.(3) The examination shall occur at a time and place that are convenient for the consumer. If the nonconformity is alleged to be a serious safety defect, the manufacturer shall be required to either conduct the examination at the location of the vehicle or tow the vehicle to the examination site and return it to the original location within twenty-four (24) hours. The consumer has the right to be present during the examination, unless the consumer waives the right in writing.(4) If the manufacturer and consumer cannot mutually agree on a time and place for the manufacturer's examination, either party may file a written request asking the arbitrator(s) to determine the time and place for an examination. The arbitrator(s) may convene a telephone hearing with the parties for the purpose of resolving any issue relating to an examination.(5) If the manufacturer's examination of the vehicle reveals any issues or defenses not previously raised in the manufacturer's statement, the manufacturer shall file an amended statement with the panel. Copies of the amended statement shall be sent to the consumer, and all other parties, if any. The panel and all parties must receive the amended statement at least five (5) days prior to the date of the hearing.Ga. Comp. R. & Regs. R. 60-2-1-.19
O.C.G.A. §§ 10-1-786, 10-1-795.
Original Rule entitled "Manufacturer's Examination of the Vehicle" adopted. F. May 16, 2016; eff. June 5, 2016.