Section 40-3-30.1. Definitions; inspections

   (a) As used in this Code section and in Code Section 40-2-27, the term:

   (1) "Assembled motor vehicle or motorcycle" or "kit motor vehicle or motorcycle" means any motor vehicle or motorcycle that is:

      (A) Manufactured from a manufacturer's kit or manufacturer's fabricated parts, including replicas and original designs:

         (i) By an owner;

         (ii) At the request of the owner by a third-party manufacturer of motor vehicles or motorcycles; and

         (iii) Such manufacturer is not manufacturing and testing in accordance with federal 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;

      (B) A new vehicle and consists of a prefabricated body, chassis, and drive train;

      (C) Handmade and not mass produced by any manufacturer for retail sale; or

      (D) Not otherwise excluded from emission requirements and is in compliance with Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles.

   (2) "Unconventional motor vehicle or motorcycle" means any motor vehicle or motorcycle that is manufactured, including, but not limited to, all-terrain vehicles, off-road vehicles, motorized carts, motor driven cycles, and mopeds, and that is not in compliance with the following:

      (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles;

      (B) 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; or

      (C) Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the "Clean Air Act," as amended.

(b) In addition to the requirements contained in Code Section 40-3-30, prior to the issuance of a certificate of title to the owner of an assembled motor vehicle or motorcycle, the owner shall cause such assembled motor vehicle or motorcycle to be inspected in order to establish:

   (1) The existence of a verifiable Manufacturer's Certificate of Origin (MCO) or other verifiable documentation of purchase of all major components; and

   (2) That such assembled motor vehicle or motorcycle complies with:

      (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and

      (B) If applicable, federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the "Clean Air Act," as amended.

(c) The inspection conducted under subsection (b) of this Code section shall only be for the purpose of establishing that such assembled motor vehicle or motorcycle is eligible to receive a certificate of title.

(d) The department shall be authorized to charge an inspection fee.

(e) Unconventional motor vehicles or motorcycles shall not be titled or registered.

Code 1981, § 40-3-30.1, enacted by Ga. L. 2008, p. 835, § 6/SB 437.