§ 162-62. Transferability.  


Latest version.
  • (a)

    A CPNC for a vehicle for hire shall be transferred pursuant to a purchase, gift bequest or acquisition of the stock or asset of a corporation, provided that the following requirements are met:

    (1)

    A written statement is submitted to the department including the following information:

    a.

    The name and address of the transferor and the transferee;

    b.

    The CPNC number and the date the transferor received same;

    c.

    A description of the vehicle transferred or a description of the vehicle to which the CPNC is being transferred, which includes make, model, year and vehicle information number (serial number).

    (2)

    The transferee shall submit an application for a CPNC and shall meet all requirements for same.

    (3)

    A certified copy of a binding agreement to transfer the CPNC shall be provided, if such an agreement exists.

    (4)

    The vehicle of the transferee shall have been inspected and approved for the issuance of an inspection sticker in the case of an animal-drawn vehicle or a CPNC decal in the case of a taxicab, and otherwise comply with all of the requirements of this chapter.

    (5)

    No voluntary transfer or sale of a CPNC may be made if a judgment has been filed with the department against the holder of a CPNC and remains unsatisfied and notice of said judgment has been filed with the department, except that a transfer may be permitted if an appeal is pending from an unsatisfied judgment and a bond is filed in an amount sufficient to satisfy the judgment but not to exceed the fair market value of the CPNC or CPNC's being transferred. Transfer may also be permitted without filing a bond, provided that all the judgment creditors of unsatisfied judgments file written permission for such a transfer with the department.

    (6)

    The transferee shall supply proof to the department that he or his transferor has filed a bond to cover all of the outstanding tort liabilities of the transferor in excess of the amount covered by a bond or insurance policy in effect at the time the claim arose; however, this requirement shall not apply to a legatee or distributee of a descendant's estate owning a CPNC.

    (7)

    An owner's interest in a CPNC may be transferred involuntarily and disposed of by public or private sale in the same manner as personal property. However, upon such involuntary transfer, the owner's CPNC shall immediately be canceled and a new CPNC issued to the transferee, provided that the transferee has satisfied the requirements of this article, except that if the involuntary transfer is by reason of a tort judgment against an involuntary transferor, no bond need be provided with respect to the same judgment.

    (8)

    All open items, including summons, outstanding fines and penalties against the CPNC must be cleared before a transfer will be approved. When the transferor is a corporation and there are two or more CPNC's open items against all CPNC's must be cleared in order to transfer one CPNC.

    (b)

    A CPNC may not be transferred during a period of suspension.

    (c)

    If a CPNC has been revoked, transfer will be permitted in accordance with subsection (a).

    (d)

    In the event of the death of any person holding a CPNC, the CPNC may be transferred by the chief to the administrator, executor or any lawful heir of the deceased person if the transferee meets all requirements for obtaining a CPNC. The CPNC shall be automatically suspended upon the death of the CPNC holder pending the presentation of letters of temporary administration to the department. If no application for a transfer has been filed within one year from the time of the presentation of letters of temporary administration to the department, this shall constitute due cause for the revocation of the CPNC. When a CPNC or stock in a corporation owning a CPNC is distributed from an estate to a legatee or distributee, the following documents shall be submitted with the transfer application:

    (1)

    A certified copy of the relevant death certificate;

    (2)

    A certified copy of letters testamentary or letters of administration; and

    (3)

    A copy of the will, if any, certified by the attorney for the estate.

    (e)

    Nothing in this section shall prohibit the transfer of a security interest in a CPNC from its owner to a financial or lending institution or corporation or individual so that such CPNC may be used as collateral for a loan. Notice of the use of any CPNC as collateral for a loan must be provided by the person to whom the CPNC has been issued within five days to the department on a form provided by the department.

    (f)

    Any CPNC conveyed by the City of Atlanta will be conveyed in accordance with Chapter 2, Article X of the Atlanta Code of Ordinances. No CPNC sold by the city will be sold for less than market value during that year.

(Code 1977, § 14-8014(a), (b); Ord. No. 1995-37, § 15, 7-11-95; Ord. No. 2008-03(07-O-2585), § 1, 1-30-08; Ord. No. 2015-35(15-O-1250), § 2, 6-24-15 ; Ord. No. 2015-45(15-O-1361), § 2, 9-17-15 )