Read about and Print New Curbstoning Law

Print Curbstoning Law O.C.G.A §40-2-39.1

Complaint Form - Used Car Board

Be Proactive! File a complaint. Educate property owners and businesses.

Sometimes this can be a very difficult problem to deal with and each case stands on its own. Sometimes it’s an easy fix, easier than you think. Education and diplomacy play a major part of achieving success. However, what may have worked in one case may not work in the next one. So, having multiple ways to pursue a remedy just makes sense to me.  

Something became glaringly obvious to me about the business of getting new laws to pass and the whole legislative process specifically here in Georgia. It is not just about getting a good piece of legislation passed or a new law on the books. In many cases, it’s what happens afterwards that defines the success of any new law. Evidence of this very thing is House Bill 144, our anti-curbstoning bill which passed and went into law July 1^st, 2007. In this case it is the education, implementation and ultimate enforcement that will determine the level of our success. There are scores of laws on the Georgia books, some as old as time. I suspect many of these are long forgotten or simply irrelevant.        

The way that HB-144 came together and was presented to the Senate then to the governor was brilliant. Having strong, seasoned lobbyists and skilled legal council to work this bill through the legislative system resulted in this bill becoming law.

Now we are dealing with the hard part, and this is my very point. Frankly, I thought all the work we did before getting the bill to pass and the fact that the bill did pass would mean that the problem of curbstoning would take a sharp turn south. Boy was I wrong.

It’s important for you to know what this association has done up to this point and will continue to do going forward.

1. We’ve paid to attend six different law enforcement training functions where we were able to distribute curbstoning statute information, meet and greet Chiefs and Sheriffs, pass out curbstoning stickers and speak during their training sessions.

2. We’ve mailed GIADA magazines and curbstoning legal information repeatedly to 500 Chief of Police and 159 Sheriffs.

3. We’ve spoken at numerous local Police stations to inform and educate street cops and distribute curbstoning stickers.

4. We’ve conducted 10 district meetings around the state to provide dealers with the tools and complaint forms to effectively deal with curbstoning problems locally and distribute curbstoning stickers. In all but one meeting, we had a Police Officer present to help talk to dealers about how to communicate with their local law enforcement agencies.

5. We’ve reached out to numerous Code Enforcement Agencies and successfully convinced many of them to get involved and they have in many cases. We’ve found that locally, code enforcement rules typically are in place to deal with illegal car sales around town.

6. We set up a complaint process with the used car board professional licensing division which is resulting in official cease and desist orders being executed to unlicensed vehicle sales locations.

7 We’ve visited numerous cities around the state and met with scores of dealers face to face to educate the dealers on the new law and how to effectively deal with it in their market area and distribute curbstoning stickers.

8. We’ve developed very good relationships with various police precincts and officers, many of who come in regularly to pick up curbstoning stickers.    

So, having said all of this, I am reaching out now to each and every dealer and GIADA member. I need you to take the time to read everything I have provided you in this magazine, and on our website. I need you to get involved by taking matters into your own hands by doing a few things that may minimize or even stop curbstoning from occurring in your backyard. Yes, I said you have a good chance of beating this thing but it requires a methodical approach and much patience. We’ve seen success in many areas by dealing head on, but intelligently and diplomatically with the people involved. You can do this too.

I’m going to start out by teaching you what we’ve found that doesn’t work but before I do that, here are two things you need to know. One is that this statute falls under the jurisdiction and enforcement of title 40 which is motor vehicle and traffic law. That means that any city, county or state law enforcement officer is authorized to enforce this law. The other major component of the anti-curbstoning statute 40-2-39.1 is that law enforcement officers can now write tickets to the individual vehicle owner, the property owner and/or even the lessee of the property.  You’d think that since the new statute provides the opportunity for law enforcement to generate extra revenue that they’d be jumping all over this. Not necessarily true.

Currently, law enforcement and/or code enforcement in the following areas are enforcing the law by giving warnings, towing cars and writing tickets. Cobb County, Gwinnett County, Rome, Fayetteville, Doraville, Athens, Jasper and I believe Ellijay is on board as well.  We've been invited to and trained at district meetings and as of today, we've trained over 80 Chiefs. On February 1-2, 2010, we will be participating in the Chiefs Association Winter Training Conference in Atlanta. We will meet about 300 Chiefs and have the chance to pass out curbstoning literature. I will also be speaking at their business meeting on Tuesday February 2nd 2010. 

Here are two more facts that I came to realize.

1. Police departments DO NOT care about the fact that you, the dealer have to charge, collect and remit sales tax on each sale. Nor do they care about the fact that you have to have insurance, bond, signage and play by all the rules.  

2. Just because the new curbstoning law allows Police Officers to enforce it doesn’t necessarily mean they will or have to. I can tell you that going into Police Departments demanding that they do their job and enforce the curbstoning laws does NOT work. And yes, I know the sales tax you generate may help pay some salaries, but trust me, this approach will not work and you will be shooting yourself in the foot. You DO NOT want to label yourself as a trouble maker in the community and especially do not want to burn any bridges with your local law enforcement because you need these guys to help fight curbstoning, so tread water carefully. Make sense?

In my trips to various police departments around the state I have seen underline similarities with everyone I visit. You want to get their attention? Talk about what they care about. The “Public Safety” and “Quality of Life.” Think about this. Is public safety jeopardized in the environment where curbstoning takes place? You bet it is! What about someone buying a car for their kid from a curbstoner and then they get into an accident and their air bag doesn’t deploy? In your community, how do you feel about vacant lots or parking lots of businesses loading up with cars for sale, especially on the weekends? Do you think a drug dealer, money launderer or suspected terrorist would rather buy a used car off the street or from you? Do you think someone wanting to steal stereos and wheels would have a better opportunity to not get caught when stealing from cars for sale on a vacant piece of property or from your lot?  

There are three complaint forms in your tool kit and we have stickers we can mail you for you to use. These are effective ways to deal with curbstoning.
Provide a warning and educate the property owner or lessee who allows it to occur.

Sticker the vehicle(s) with a warning vehicle may be towed and they could be ticketed.

File a complaint to your local law enforcement or code enforcement

File complaint and send to the Used Car Board. They will investigate and issue cease and desist orders.

The best way I have found to deal with curbstoning when its being done on commercial property is to talk to the property owner or if it’s a business which in most cases it will be, then deal with the business owner or manager if it’s a bigger company or chain. Typically if it’s a chain like a parts store, talking to the store manager. If that doesn’t work then you may need to contact their corporate office and if you need help with that, our office will be glad to help draft the letter and it can be from us. I fully understand that in some cases you may want to remain anonymous. 

In all too many cases, I see auto repair facilities agreeing to let people park their cars on their property. Many times, the company owner is charging a fee for this, so keep that in mind when talking to these guys.

Digital pictures are very good especially when you can capture the seller’s phone number. Pictures don’t lie.

If you know that there’s a dealer involved in curbstoning, you need to call my office. This is occurring I hate to tell you. Especially with the newer dealers who cannot afford a reasonable place of business with a display area. Hey, I know it’s been tough, but when licensed auto dealers do this, it makes it very difficult for everybody. Dealers, if you cannot afford an appropriate place of business with an adequate display area for your cars then fine, but don’t be caught parking your cars around town at various locations. Don’t allow someone else to do it either while using your license privileges.

I take it very serious and personal when I find dealers curbstoning. It undermines everything this association has done to get anti-curbstoning laws implemented. If I find out this is occurring, I will vigorously work to shut a dealer down by working with law enforcement and licensing board. If you know of a dealer involved in this give me a call or email. Get pictures, addresses and any other information that I can use. You will remain anonymous if you want. We are only a small staff and can only do so many things, so you agreeing to get involved and help to fight curbstoning head on will make a difference and move the needle.

To report and discuss curbstoning occurring in your market area, give Monica a call here at the association. The curbstoning complaint forms are also accessible on our website home page. If you are not a current member, you will need to be prepared with a credit card to join while on the phone. We work for members only.

 

 

Paul John

GIADA

770-745-9650

paul@giada.org