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 insurance and motor vehicles and traffic, respectively, so as to provide for optional vehicle equipment inspections and premium discounts if policyholders obtain such inspections; to provide for the approval of premium discounts submitted in filings to the Commissioner of Insurance; to provide for data collection; to provide for definitions; to provide for powers and duties of the Department of Public Safety; to provide for the issuance of certificates of vehicle equipment inspection and vehicle equipment inspection stickers; to provide for terms; to provide for reinspections; to provide for replacement vehicle equipment inspection stickers or certificates of vehicle equipment inspection; to provide for the certification of vehicle equipment inspection stations; to provide for the licensing of mechanic inspectors; to provide for violations and penalties; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Chapter 9, relating to regulation of rates, underwriting rules, and related organizations, by adding a new Code section to read as follows: "33-9-45. (a) For each policy of motor vehicle insurance issued, delivered, issued for delivery, or renewed in this state on and after July 1, 2026, there shall be offered by the insurer a premium discount for such policy if the motor vehicle covered under such policy has a current, valid certificate of vehicle equipment inspection as provided for in Article 3 of Chapter 8 of Title 40 and has notified such insurer in writing of such certification. (b) The premium discount provided for under this Code section shall be reflected in the insurer's automobile rating plan filed under this chapter and shall be subject to approval by the Commissioner. (c) Each insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such discounts in a form prescribed by the Commissioner. (d) The Commissioner shall promulgate rules and regulations necessary to implement and administer the provisions of this Code section." SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Chapter 8, relating to equipment and inspection of motor vehicles, by repealing Article 3, relating to inspections by officers of Department of Public Safety, and enacting a new Article 3 to read as follows: "ARTICLE 3 40-8-200. As used in this article, the term: (1) 'Certificate of authorization' means a certificate issued by the Department of Public Safety to each establishment or location designated as a vehicle equipment inspection station. (2) 'Certificate of vehicle equipment inspection' means a certificate issued upon the inspection and approval of motor vehicle equipment in accordance with this article and the rules and regulations promulgated pursuant to this article. Such certificates shall be furnished to vehicle equipment inspection stations by the department to be completed and issued by such stations to the owner or operator of a motor vehicle upon inspection and approval certifying that such motor vehicle has been inspected and complies with the standards and maintenance required by this article. (3) 'Department' means the Department of Public Safety. (4) 'Director' means the director of the Office of Highway Safety in the Department of Public Safety. (5) 'Inspection term' means the period of time for which a certificate of vehicle equipment inspection shall be considered valid. Such period of time shall be based on the model year of the inspected motor vehicle as follows: (A) For a model year less than five years old, the inspection term shall be five years; (B) For a model year from five to ten years old, the inspection term shall be two years; and (C) For a model year more than ten years old, the inspection term shall be one year. (6) 'Mechanic inspector' means an individual issued a license by the department to perform the vehicle equipment inspections provided for by this article. (7) 'Model year' means a motor vehicle manufacturer's annual production period, as determined by the director; provided, however, that, if the manufacturer has no annual production period, such term shall mean the calendar year. The model year shall be determined by the vehicle identification number appearing on the vehicle. (8) 'Vehicle equipment inspection station' means a motor vehicle dealership, garage, service station, or other establishment designated or operated by the department and which has been issued by the director a certificate of authorization as a vehicle equipment inspection station authorized to carry out the vehicle equipment inspections provided for under this article. (9) 'Vehicle equipment inspection sticker' means a sticker issued in conjunction with a certificate of vehicle equipment inspection to be displayed on the inspected motor vehicle. 40-8-201. The department shall have the power and duty to establish: (1) Standards, criteria, and requirements for certifying vehicle equipment inspection stations; (2) Standards, criteria, and requirements for licensing mechanic inspectors; (3) Vehicle equipment standards and specifications to be used by mechanic inspectors at vehicle equipment inspection stations to test, measure, inspect for, or determine satisfaction of vehicle equipment standards as established by the department; (4) Standards, criteria, and specifications for inspection equipment used to test, measure, inspect for, or determine satisfaction of vehicle equipment standards; (5) Procedures to ensure the uniform operation of vehicle equipment inspection stations in a sufficient number and in a manner satisfactory to the department; (6) Forms, applications, certificates, licenses, or other documentation which may be required by the department to implement and administer the provisions of this article; and (7) Fees to be charged by vehicle equipment inspection stations for the performance of vehicle equipment inspections; provided, however, that such fees shall be based on the cost of performing such inspection in an adequate and proper manner, including, but not limited to, the cost of equipment, testing, labor, training, record keeping, reporting, and other overhead expenses. 40-8-202. The department shall: (1) Advise, consult, cooperate, and contract with other state agencies, including, but not limited to, the office of the Commissioner of Insurance and the Department of Revenue, any political subdivision of the state, any designated organization of elected officials within the state, or any other person or entity as necessary to implement the provisions of this article; (2) Exercise general supervision over the administration and enforcement of this article and all rules and regulations and orders promulgated under this article; (3) Make investigations and inspections to determine and ensure compliance with this article and all rules and regulations promulgated pursuant to this article; and (4) Issue, deny, suspend, or revoke certificates and licenses established under this article. 40-8-203. (a) The owner of a motor vehicle may obtain an optional certificate of vehicle equipment inspection issued by a vehicle equipment inspection station. Such certificate may be obtained for any motor vehicle owned by any federal agency, state agency, municipality, or other political subdivision registered pursuant to Code Section 40-2-34 or 40-2-35, whichever is applicable, and assigned for use to any federal agency, state agency, municipality, or other political subdivision located in such county and for each motor vehicle which is operated 60 days or more in any calendar year on a federal installation located in whole or in part in any such county. (b) A certificate of vehicle equipment inspection shall be valid for one inspection term and shall certify that: (1) An inspection of the motor vehicle was performed on a specific date; and (2) The motor vehicle, on such specific date, was in compliance with the standards established by the department. 40-8-204. (a) A certificate of vehicle equipment inspection shall be issued for a motor vehicle if a mechanic inspector, upon inspection, determines that such motor vehicle is in compliance with the standards established by the department. (b) If an inspection discloses any violation of applicable vehicle equipment standards, the owner of such vehicle shall be notified, in writing, of the equipment which is in violation of the standard. (c) An owner shall have any necessary maintenance and repairs performed on any motor vehicle violating any applicable vehicle equipment standard and shall return the motor vehicle for reinspection at a vehicle equipment inspection station within 30 days of the initial inspection. Such reinspection shall be at no charge to the owner. (d) If, upon reinspection, a motor vehicle fails to meet the requirements of subsection (a) of this Code section, no certificate of vehicle equipment inspection shall be issued. (e) A time extension may be granted for an owner to obtain needed repairs on a vehicle in the case of economic hardship. After having received a time extension under this subsection, a vehicle shall fully pass the applicable test standards before becoming eligible for another time extension. (f) Any vehicle equipment inspection sticker shall bear such information as shall be required by the department. A mechanic inspector shall remove from the vehicle being inspected any old vehicle equipment inspection sticker when a new vehicle equipment inspection sticker is issued. (g) All certificates of vehicle equipment inspection shall be issued by the department for the inspection term. (h) The department shall establish methods by which the owner of a motor vehicle who has lost a certificate of vehicle equipment inspection may have a duplicate certificate of vehicle equipment inspection issued. Any replacement vehicle equipment inspection sticker or certificate of vehicle equipment inspection shall be valid only for the remainder of the period for which the replaced vehicle equipment inspection sticker or certificate of vehicle equipment inspection was valid. 40-8-205. (a) A motor vehicle dealership, garage, service station, or other establishment shall submit an application for certification as a vehicle equipment inspection station to the department on a form designated for such purpose and accompanied by any application fee. (b) A certificate of authorization and certificates of vehicle equipment inspection shall be issued only after the department has determined that an applicant's proposed inspection station will be properly equipped, has the necessary mechanic inspectors to conduct inspections, and meets all other requirements of this article or rules and regulations promulgated by the department. (c) The department shall not in any manner limit the number, location, and types of vehicle equipment inspection stations certified to operate in any county. In no event shall the department enter into any contract or into a series of contracts the effect of which would be the realization of centralized testing. (d) The department, prior to issuing a certificate of authorization to any motor vehicle dealership, garage, service station, or other establishment, shall require proof that an applicant has either filed a bond or has obtained liability insurance in a form and amount satisfactory to ensure compensation for any damage to a vehicle during an inspection caused by the negligence of the applicant or its agent. (e) With respect to any certificate of authorization issued to any vehicle equipment inspection station certified by the department to inspect motor vehicle equipment for compliance with the requirements of this article: (1) The department shall ensure that a sufficient number of such vehicle equipment inspection stations are available at locations throughout this state to ensure motor vehicles can be inspected; (2) Each vehicle equipment inspection station shall keep on hand a record of inspections, reinspections, the results thereof, and certificates of inspection issued in a manner designated by the department and in conformance with any requirements for such records and reports prescribed pursuant to this article. All records required to be maintained by a vehicle equipment inspection station shall be available for inspection by the department at all times; (3) Each vehicle equipment inspection station shall be required to perform inspections on motor vehicles in conformity with this article and rules and regulations promulgated pursuant to this article; (4) Any fee charged by a vehicle equipment inspection station for performance of the vehicle equipment inspection shall comply with this article and rules and regulations promulgated pursuant to this article; (5) No certificate of authorization for a vehicle equipment inspection station shall be assigned or transferred or used at any location other than the one designated on such certificate; and (6) Every certificate of authorization for a vehicle equipment inspection station and license for a mechanic inspector shall be posted in a conspicuous place in the station. 40-8-206. (a) An individual shall submit an application for licensure as a mechanic inspector to the department on a form designated for such purpose and accompanied by any application fee. (b) A license to be a mechanic inspector shall be issued only after the department has determined that an applicant has demonstrated to the department's satisfaction competency to conduct vehicle equipment inspections as established by the department. 40-8-207. The director shall be authorized to amend, modify, revoke, or suspend any certificate of authorization issued to a vehicle equipment inspection station or any license issued to a mechanic inspector for cause, including, but not limited to, violating the provisions of this article concerning the inspection of any motor vehicle. 40-8-208. (a)(1) No person shall in any manner represent any place or establishment as a vehicle equipment inspection station unless such station has been issued a valid certificate of authorization by the department. (2) No person shall issue a certificate of vehicle equipment inspection for any motor vehicle unless such person holds a valid certificate of authorization issued pursuant to this article and such vehicle has been inspected and approved by a mechanic inspector as required by this article. (b)(1) No person shall make, issue, or knowingly use any imitation or counterfeit of a certificate of vehicle equipment inspection. (2) No person shall possess, display, or cause or permit to be displayed upon any vehicle any vehicle equipment inspection sticker while knowing the same to be counterfeit, issued for another vehicle, or issued without the required inspection and approval. (c) No individual shall in any manner represent himself or herself as a mechanic inspector licensed pursuant to this article unless such individual has been issued a valid license by the department. (d) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $250.00. 40-8-209. The department shall promulgate such rules and regulations as are necessary to effectuate, administer, and enforce the provisions of this article pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" SECTION 3. All laws and parts of laws in conflict with this Act are repealed.