HB800: HB800 Motor vehicles; optional vehicle equipment inspections and premium discounts if policyholders obtain such inspections; provide

25 LC 52 0827 House Bill 800 By: Representatives Tarvin of the 2nd and Powell of the 33rd A BILL TO BE ENTITLED AN ACT To amend Titles 33 and 40 of the Official Code of Georgia Annotated, relating to insurance1 and motor vehicles and traffic, respectively, so as to provide for optional vehicle equipment2 inspections and premium discounts if policyholders obtain such inspections; to provide for3 the approval of premium discounts submitted in filings to the Commissioner of Insurance;4 to provide for data collection; to provide for definitions; to provide for powers and duties of5 the Department of Public Safety; to provide for the issuance of certificates of vehicle6 equipment inspection and vehicle equipment inspection stickers; to provide for terms; to7 provide for reinspections; to provide for replacement vehicle equipment inspection stickers8 or certificates of vehicle equipment inspection; to provide for the certification of vehicle9 equipment inspection stations; to provide for the licensing of mechanic inspectors; to provide10 for violations and penalties; to provide for rules and regulati ons; to provide for related11 matters; to repeal conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 H. B. 800 - 1 - 25 LC 52 0827 SECTION 1.14 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in15 Chapter 9, relating to regulation of rates, underwriting rules, and related organizations, by16 adding a new Code section to read as follows:17 "33-9-45.18 (a) For each policy of motor vehicle insurance issued, deliver ed, issued for delivery, or19 renewed in this state on and after July 1, 2026, there shall be offered by the insurer a20 premium discount for such policy if the motor vehicle covered u nder such policy has a21 current, valid certificate of vehicle equipment inspection as p rovided for in Article 3 of22 Chapter 8 of Title 40 and has notified such insurer in writing of such certification.23 (b) The premium discount provided for under this Code section shall be reflected in the24 insurer's automobile rating plan filed under this chapter and shall be subject to approval by25 the Commissioner.26 (c) Each insurer providing premium discounts under this Code section shall provide, upon27 the request of the Commissioner, information regarding the amount of such discounts in28 a form prescribed by the Commissioner.29 (d) The Commissioner shall promulgate rules and regulations necessary to implement and30 administer the provisions of this Code section."31 SECTION 2.32 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is33 amended in Chapter 8, relating to equipment and inspection of motor vehicles, by repealing34 Article 3, relating to inspections by officers of Department of Public Safety, and enacting a35 new Article 3 to read as follows:36 H. B. 800 - 2 - 25 LC 52 0827 "ARTICLE 337 40-8-200.38 As used in this article, the term:39 (1) 'Certificate of authorization' means a certificate issued by the Department of Public40 Safety to each establishment or location designated as a vehicl e equipment inspection41 station.42 (2) 'Certificate of vehicle equipment inspection' means a cert ificate issued upon the43 inspection and approval of motor vehicle equipment in accordance with this article and44 the rules and regulations promulgated pursuant to this article. Such certificates shall be45 furnished to vehicle equipment inspection stations by the department to be completed and46 issued by such stations to the owner or operator of a motor vehicle upon inspection and47 approval certifying that such motor vehicle has been inspected and complies with the48 standards and maintenance required by this article.49 (3) 'Department' means the Department of Public Safety.50 (4) 'Director' means the director of the Office of Highway Safety in the Department of51 Public Safety.52 (5) 'Inspection term' means the period of time for which a cer tificate of vehicle53 equipment inspection shall be considered valid. Such period of time shall be based on54 the model year of the inspected motor vehicle as follows:55 (A) For a model year less than five years old, the inspection term shall be five years;56 (B) For a model year from five to ten years old, the inspection term shall be two years;57 and58 (C) For a model year more than ten years old, the inspection term shall be one year.59 (6) 'Mechanic inspector' means an individual issued a license by the department to60 perform the vehicle equipment inspections provided for by this article.61 H. B. 800 - 3 - 25 LC 52 0827 (7) 'Model year' means a motor vehicle manufacturer's annual p roduction period, as62 determined by the director; provided, however, that, if the man ufacturer has no annual63 production period, such term shall mean the calendar year. The model year shall be64 determined by the vehicle identification number appearing on the vehicle.65 (8) 'Vehicle equipment inspection station' means a motor vehic le dealership, garage,66 service station, or other establishment designated or operated by the department and67 which has been issued by the director a certificate of authorization as a vehicle equipment68 inspection station authorized to carry out the vehicle equipment inspections provided for69 under this article.70 (9) 'Vehicle equipment inspection sticker' means a sticker issued in conjunction with a71 certificate of vehicle equipment inspection to be displayed on the inspected motor72 vehicle.73 40-8-201.74 The department shall have the power and duty to establish:75 (1) Standards, criteria, and requirements for certifying vehic le equipment inspection76 stations;77 (2) Standards, criteria, and requirements for licensing mechanic inspectors;78 (3) Vehicle equipment standards and specifications to be used by mechanic inspectors79 at vehicle equipment inspection st ations to test, measure, insp ect for, or determine80 satisfaction of vehicle equipment standards as established by the department;81 (4) Standards, criteria, and specifications for inspection equipment used to test, measure,82 inspect for, or determine satisfaction of vehicle equipment standards;83 (5) Procedures to ensure the uniform operation of vehicle equipment inspection stations84 in a sufficient number and in a manner satisfactory to the department;85 (6) Forms, applications, certificates, licenses, or other docu mentation which may be86 required by the department to implement and administer the provisions of this article; and87 H. B. 800 - 4 - 25 LC 52 0827 (7) Fees to be charged by vehicle equipment inspection stations for the performance of88 vehicle equipment inspections; provided, however, that such fees shall be based on the89 cost of performing such inspection in an adequate and proper manner, including, but not90 limited to, the cost of equipment, testing, labor, training, record keeping, reporting, and91 other overhead expenses.92 40-8-202.93 The department shall:94 (1) Advise, consult, cooperate, and contract with other state agencies, including, but not95 limited to, the office of the Commissioner of Insurance and the Department of Revenue,96 any political subdivision of the state, any designated organiza tion of elected officials97 within the state, or any other person or entity as necessary to implement the provisions98 of this article;99 (2) Exercise general supervision over the administration and enforcement of this article100 and all rules and regulations and orders promulgated under this article;101 (3) Make investigations and inspections to determine and ensure compliance with this102 article and all rules and regulations promulgated pursuant to this article; and103 (4) Issue, deny, suspend, or revoke certificates and licenses established under this article.104 40-8-203.105 (a) The owner of a motor vehicle may obtain an optional certificate of vehicle equipment106 inspection issued by a vehicle equipment inspection station. S uch certificate may be107 obtained for any motor vehicle owned by any federal agency, state agency, municipality,108 or other political subdi vision registered pursuant to Code Sect ion 40-2-34 or 40-2-35,109 whichever is applicable, and assigned for use to any federal ag ency, state agency,110 municipality, or other political subdivision located in such co unty and for each motor111 H. B. 800 - 5 - 25 LC 52 0827 vehicle which is operated 60 days or more in any calendar year on a federal installation112 located in whole or in part in any such county.113 (b) A certificate of vehicle equipment inspection shall be valid for one inspection term and114 shall certify that:115 (1) An inspection of the motor vehicle was performed on a specific date; and116 (2) The motor vehicle, on such specific date, was in complianc e with the standards117 established by the department.118 40-8-204.119 (a) A certificate of vehicle equipment inspection shall be iss ued for a motor vehicle if a120 mechanic inspector, upon inspection, determines that such motor vehicle is in compliance 121 with the standards established by the department.122 (b) If an inspection discloses any violation of applicable vehicle equipment standards, the123 owner of such vehicle shall be notified, in writing, of the equipment which is in violation124 of the standard.125 (c) An owner shall have any necessary maintenance and repairs performed on any motor126 vehicle violating any applicable vehicle equipment standard and shall return the motor127 vehicle for reinspection at a vehicle equipment inspection stat ion within 30 days of the128 initial inspection. Such reinspection shall be at no charge to the owner.129 (d) If, upon reinspection, a motor vehicle fails to meet the requirements of subsection (a)130 of this Code section, no certificate of vehicle equipment inspection shall be issued.131 (e) A time extension may be granted for an owner to obtain needed repairs on a vehicle in132 the case of economic hardship. After having received a time ex tension under this133 subsection, a vehicle shall fully pass the applicable test standards before becoming eligible134 for another time extension.135 (f) Any vehicle equipment inspection sticker shall bear such i nformation as shall be136 required by the department. A mechanic inspector shall remove from the vehicle being137 H. B. 800 - 6 - 25 LC 52 0827 inspected any old vehicle equipment inspection sticker when a n ew vehicle equipment138 inspection sticker is issued.139 (g) All certificates of vehicle equipment inspection shall be issued by the department for140 the inspection term.141 (h) The department shall establish methods by which the owner of a motor vehicle who142 has lost a certificate of vehicle equipment inspection may have a duplicate certificate of143 vehicle equipment inspection issued. Any replacement vehicle e quipment inspection144 sticker or certificate of vehicle equipment inspection shall be valid only for the remainder145 of the period for which the replaced vehicle equipment inspection sticker or certificate of146 vehicle equipment inspection was valid.147 40-8-205.148 (a) A motor vehicle dealership, garage, service station, or other establishment shall submit149 an application for certification as a vehicle equipment inspection station to the department150 on a form designated for such purpose and accompanied by any application fee.151 (b) A certificate of authorization and certificates of vehicle equipment inspection shall be152 issued only after the department has determined that an applica nt's proposed inspection153 station will be properly equipped, has the necessary mechanic i nspectors to conduct154 inspections, and meets all other requirements of this article o r rules and regulations155 promulgated by the department.156 (c) The department shall not in any manner limit the number, location, and types of vehicle157 equipment inspection stations certified to operate in any count y. In no event shall the158 department enter into any contract or into a series of contracts the effect of which would159 be the realization of centralized testing.160 (d) The department, prior to issuing a certificate of authoriz ation to any motor vehicle161 dealership, garage, service station, or other establishment, sh all require proof that an162 applicant has either filed a bond or has obtained liability insurance in a form and amount163 H. B. 800 - 7 - 25 LC 52 0827 satisfactory to ensure compensation for any damage to a vehicle during an inspection164 caused by the negligence of the applicant or its agent.165 (e) With respect to any certificate of authorization issued to any vehicle equipment166 inspection station certified by the department to inspect motor vehicle equipment for167 compliance with the requirements of this article:168 (1) The department shall ensure that a sufficient number of su ch vehicle equipment169 inspection stations are available at locations throughout this state to ensure motor vehicles170 can be inspected;171 (2) Each vehicle equipment inspection station shall keep on hand a record of inspections,172 reinspections, the results thereof, and certificates of inspect ion issued in a manner173 designated by the department and in conformance with any requirements for such records174 and reports prescribed pursuant to this article. All records required to be maintained by175 a vehicle equipment inspection station shall be available for inspection by the department176 at all times;177 (3) Each vehicle equipment inspection station shall be required to perform inspections178 on motor vehicles in conformity with this article and rules and regulations promulgated179 pursuant to this article;180 (4) Any fee charged by a vehicle equipment inspection station for performance of the181 vehicle equipment inspection shall comply with this article and rules and regulations182 promulgated pursuant to this article;183 (5) No certificate of authorization for a vehicle equipment in spection station shall be184 assigned or transferred or used at any location other than the one designated on such185 certificate; and186 (6) Every certificate of authorization for a vehicle equipment inspection station and187 license for a mechanic inspector shall be posted in a conspicuous place in the station.188 H. B. 800 - 8 - 25 LC 52 0827 40-8-206.189 (a) An individual shall submit an application for licensure as a mechanic inspector to the190 department on a form designated for such purpose and accompanied by any application fee.191 (b) A license to be a mechanic inspector shall be issued only after the department has192 determined that an applicant has demonstrated to the department's satisfaction competency193 to conduct vehicle equipment inspections as established by the department.194 40-8-207.195 The director shall be authorized to amend, modify, revoke, or s uspend any certificate of196 authorization issued to a vehicle equipment inspection station or any license issued to a197 mechanic inspector for cause, including, but not limited to, violating the provisions of this198 article concerning the inspection of any motor vehicle.199 40-8-208.200 (a)(1) No person shall in any manner represent any place or establishment as a vehicle201 equipment inspection station unless such station has been issue d a valid certificate of202 authorization by the department.203 (2) No person shall issue a certificate of vehicle equipment i nspection for any motor204 vehicle unless such person holds a valid certificate of authorization issued pursuant to this205 article and such vehicle has been inspected and approved by a m echanic inspector as206 required by this article.207 (b)(1) No person shall make, issue, or knowingly use any imita tion or counterfeit of a208 certificate of vehicle equipment inspection.209 (2) No person shall possess, display, or cause or permit to be displayed upon any vehicle210 any vehicle equipment inspection sticker while knowing the same to be counterfeit,211 issued for another vehicle, or issued without the required inspection and approval.212 H. B. 800 - 9 - 25 LC 52 0827 (c) No individual shall in any manner represent himself or herself as a mechanic inspector213 licensed pursuant to this article unless such individual has been issued a valid license by214 the department.215 (d) Any person violating any provision of this article shall be guilty of a misdemeanor and,216 upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than217 $250.00.218 40-8-209.219 The department shall promulgate such rules and regulations as are necessary to effectuate,220 administer, and enforce the provisions of this article pursuant to Chapter 13 of Title 50, the221 'Georgia Administrative Procedure Act.'"222 SECTION 3.223 All laws and parts of laws in conflict with this Act are repealed.224 H. B. 800 - 10 -