Additional definitions

As used in Code Sections 10-1-40 through 10-1-42, the term: (1) “Induce” means to cause a buyer of a motor vehicle under a retail installment contract or a lessee of a motor vehicle under a motor vehicle lease contract to sublease the subject motor vehicle or to arrange for or cause such a buyer or lessee to be so induced. (2) “Lessee” means a person who obtains possession and use of a motor vehicle through a motor vehicle lease contract. (3) “Lessor” means any person who in the regular course of 63 10-1-40 business or as a part of regular business activity leases motor vehicles under motor vehicle lease contracts or purchases motor vehicle lease contracts or any sales finance company that purchases motor vehicle lease contracts. (4) “Motor vehicle lease contract” means an agreement between a lessor and a lessee whereby the lessee obtains the possession and use of a motor vehicle for such period of time, for such purposes, and for such consideration as set forth in the agreement. (5) “Subject motor vehicle” means the motor vehicle sold to a buyer under a retail installment contract or the motor vehicle obtained by a lessee under a motor vehicle lease contract. (6) “Sublease” means: (A) To transfer possession of a motor vehicle which is the subject of a retail installment contract to a person who is not a party to that contract or to transfer or assign any of the buyer’s rights or interests under the retail installment contract to such a person, whether or not such transfer or assignment is effective; or (B) To transfer possession of a motor vehicle which is the subject of a motor vehicle lease contract to a person who is not a party to that contract or to transfer or assign any of the lessee’s or lessor’s rights or interests under the motor vehicle lease contract to such a person, whether or not such transfer or assignment is effective. History. Code 1981, § 10-1-39, enacted by Ga. L. 1988, p. 861, § 1; Ga. L. 1999, p. 1229, § 3; Ga. L. 2024, p. 1052, § 2(4)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modern- ize, and correct the Code, substituted ”As used” for In addition to the definitions provided for in Code Section 10-1-31, as used” at the beginning of the introductory language. 10-1-40. Unlawful inducement of motor vehicle buyer or lessee under contract to sublease vehicle; unlawful offering of vehicle for hire by sublessee. (a) It is unlawful for any person to induce the buyer of a motor vehicle under a retail installment contract to sublease the subject motor vehicle to that person or to any other sublessee without first obtaining written consent to the sublease from the holder of the retail installment contract. (b) It is unlawful for any person to induce the lessee of a motor vehicle under a motor vehicle lease contract to sublease the subject motor vehicle to that person or to any other sublessee without first 64 10-1-40 SELLING/OTHER TRADE PRACTICES 10-1-41 obtaining written consent to the sublease from the lessor under the motor vehicle lease contract. (c) It is unlawful for any person who is the sublessee of a motor vehicle to offer the motor vehicle for hire or to offer it to another person to offer for hire if such person induced the sublease of the motor vehicle in violation of subsection (a) or (b) of this Code section or if such person knew or reasonably should have known that the sublease of the motor vehicle was induced in violation of subsection (a) or (b) of this Code section. (d) Any person who violates any provision of subsection (a), (b), or (c) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. History. Code 1981, § 10-1-40, enacted by Ga. L. 1988, p. 861, § 1.