2010 Georgia Code 52-7-7-3 Case Law
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One Click Case Law for § 52-7-7-3
O.C.G.A. § 52-7-7-2 <-- --> O.C.G.A. §52-7-7-4



2010 Georgia Code

TITLE 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT

CHAPTER 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT
ARTICLE 1 - GENERAL PROVISIONS
§ 52-7-7.3 - Seizure of vessels without hull identification numbers; seizure of related property; inspections

O.C.G.A. 52-7-7.3 (2010)
52-7-7.3. Seizure of vessels without hull identification numbers; seizure of related property; inspections


(a) If the hull identification number on a vessel required by Code Section 52-7-7.1 or 52-7-7.2 to have a hull identification number does not exist or has been altered, removed, destroyed, covered, or defaced or the real identity of the vessel cannot be determined, the vessel, and any items used while towing said vessel, may be seized as contraband property by a law enforcement agency or the department and shall be subject to forfeiture. Such vessel shall not be sold or operated on the waters of the state unless the department:

(1) Receives a request from a law enforcement agency providing adequate documentation for a replacement hull identification number; or

(2) Is directed by written order of a court of competent jurisdiction to issue to the vessel a replacement hull identification number.

Thereafter, the replacement HIN shall be used for identification purposes. No vessel shall be forfeited if the owner was unaware the vessel's HIN had been altered, removed, destroyed, covered, or defaced.

(b) The failure to have the hull identification number clearly displayed in compliance with this article shall be probable cause for any law enforcement officer to make further inspection of the vessel in question to ascertain the true identity thereof.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com