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Engage Your Local Law Enforcement to get Involved!

Curbstoning hurts everybody! You can do something about it. Find out how.

 

By Paul John

 Sometimes the curbstone issue 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.  

 

Some things become glaringly obvious about the legislative process here in Georgia especially the way new laws are passed and enforced.  It is not just about getting a good piece of legislation passed or a new law on the books. It is what happens afterwards that defines the success of any new law. House Bill 144, our anti-curbstoning bill, passed and went into law July 1^st, 2007. Although this law provided the teeth and guidelines to stop curbstoning, it will only be affective with adequate education of those charged to enforce the law.  It is these persons who must have the desire to implement this law.  Full and ultimate enforcement will determine the level of our success.

 

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.  With this new law on the books does not mean that the problem of curbstoning would automatically slow down and stop.

 

It’s important for you to know what Georgia Independent Automobile Dealers Association (GIADA) has done up to this point and will continue to do going forward.

1. GIADA 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. GIADA mailed magazines and curbstoning legal information repeatedly to 500 Chief of Police and 159 Sheriffs.

3. GIADA was able to speak at numerous local Police stations to inform and educate street cops and distribute curbstoning stickers.

4. GIADA 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. GIADA 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. GIADA 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 GIADA 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. GIADA 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, we are reaching out now to each and every dealer and GIADA member. We need you to take the time to read everything that has been provided to you in the GIADA magazine, and on our website. We need for you to get involved and be proactive by doing a few things that may minimize or even stop curbstoning from occurring in your backyard.  You have a good chance of beating this thing but it requires a methodical approach and much patience. We have seen success in many areas by dealing with each case intelligently and diplomatically with those people involved. You can do this too.

 

There 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 anti-curbstoning 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.  

 

Here are two more facts that are apparant.

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 are compelled to do so.  If you go into your Police Department and demand that they do their job and enforce the curbstoning laws it will NOT work. And yes, the sales tax you generate may help pay some salaries, but this approach will not work.  You DO NOT want to be labeled as a trouble maker in the community.  Treat your law enforcement personnel with respect because you need these guys to help fight curbstoning, so tread water carefully. Make sense?

 

By visiting many police departments around the state, many underline similarities exist with each police department. If you want to get their attention, talk about what they care about.  They are concerned with “Public Safety” and “Quality of Life” in their communities.  Be aware that “Public Safety” is jeopardized in the environment where curbstoning takes place.  When a citizen buys a car for their kid from a curbstoner and then they have an accident and their air bag doesn’t deploy, the “Public Safety” issue always comes up.  

 

In almost every community vacant lots or parking lots of private businesses are loaded up with cars for sale, especially on the weekends.  These are prime areas for drug dealers, money launderers and these are the areas that a suspected terrorist would rather buy a used car rather than buying one from you.  These are also the locations where 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.  

 

To help you get involved, there are three complaint forms you can use and GIADA also has stickers that can mailed to you to place on curbstone vehicles.  Here are effective ways to deal with curbstoning.

1.       Provide a warning and educate the property owner or lessee who allows it to occur.

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

3.       File a complaint to your local law enforcement or code enforcement.

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

 

The best way to deal with curbstoning when it’s being done on commercial property is to talk to the property owner.  If it’s a business, then deal with the business owner or manager.  Typically if it’s a business chain like a parts store, talk to the store manager. If you do not get results, then you may need to contact their corporate office.  Should you need some help with that, contact the GIADA office and we will be glad to help draft a letter that can be from us. Understand that in some cases you may want to remain anonymous. 

 

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 the GIADA office.  This seems to be occurring more with the newer dealers who cannot afford a reasonable place of business with a display area.  It is very serious when dealers are found curbstoning. It undermines everything GIADA has done to get anti-curbstoning laws implemented.  If you know of a dealer involved in curbstoning vehicles please give GIADA a call or email. Be sure to get pictures, addresses and any other information that can be used. GIADA will contact you and take it from there.

 

 

 

Paul John

GIADA

770-745-9650

paul@giada.org