OCGA § 40-2-167 Separately Stated Fees In a Rental Agreement; Recoverable Fees and Taxes

• Library: Code of Georgia
• Edition: 2023
• Currency: Current through 2023-2024 Legislative Session Chapter 353 and 2023 Special Session Chapter 5
• Year: 2023
• Citation: OCGA § 40-2-167

(a) As used in this Code section, the term:

(1) 'Heavy-duty equipment motor vehicle' means a motor vehicle with all its attachments and parts which is self-propelled, weighs 1,500 pounds or more, and is primarily designed and used for construction, industrial, maritime, or mining uses, provided that such motor vehicles are not required to be registered and have a license plate.

(2) 'Motor vehicle rental company' means an individual or business entity whose business activity is renting motor vehicles to consumers under rental agreements for periods of 90 days or less or renting ['heavy-duty equipment motor vehicles' as such term is defined in Code Section 48-5-505] heavy-duty equipment motor vehicles under rental agreements for periods of less than 365 days or under open-ended agreements.

[(2)] (3) 'Recoverable facility charges' means governmental and private concession fees, including airport concession fees, consolidated facility charges, and the fees and charges incurred thereon, actually paid by a motor vehicle rental company.

[(3)] (4) 'Recoverable fees and taxes' means costs incurred by a motor vehicle rental company to license, title, register, plate, and inspect rental motor vehicles and ad valorem taxes imposed in connection with the registration of rental motor vehicles or a 1 1/2 percent property tax recovery fee on ['heavy-duty equipment motor vehicles' as such term is defined in Code Section 48-5-505] heavy-duty equipment motor vehicles.

[(4)] (5) 'Rental agreement' means an agreement under which a rental motor vehicle is rented or leased.

[(5)] (6) 'Rental motor vehicle' means a motor vehicle that is rented or leased without a driver.

(b) Pursuant to a written rental agreement between a motor vehicle rental company and a rental customer, a motor vehicle rental company may include separately stated fees in a rental agreement, which may include, but shall not be limited to, recoverable facility charges and recoverable fees and taxes, as provided in this Code section.