Title 40 — Title 40

As used in this chapter, the term: (1) “Cancellation of vehicle registration” means the annulment or termination by formal action of the department of a person’s vehicle registration because of an error or defect in the registration or because the person is no longer entitled to …

A vehicle registrant may voluntarily cancel the registration on a vehicle when such vehicle is not in use for any reason, including without limitation if the vehicle is stolen, repossessed but not redeemed by the registrant, junked, inoperable, in storage, used seasonally for agr…

Violations of chapter generally; penalties. False statements in application constitute false swearing. Manufacture, sale, or issuance of license plate or revalidation decal prohibited. Unlawful actions relating to license plate; use of expired prestige license plate. Alteration o…

In addition to the permit fee provided in Code Section 40-2-111, a person operating a motor truck on the highways of this state, which truck is registered in a state or province which imposes upon motor trucks registered in this state a tax, fee, or toll for the privilege of oper…

The commissioner shall collect the taxes and fees imposed by this article and he is authorized to make such rules and regulations and prescribe such forms as are necessary to carry out this article. History. Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 2, § 3; Ga. L. 1990, p. 2048,…

(a) It shall be unlawful for any person: (1) To operate a motor truck subject to this article upon any public highway in this state without first obtaining the permit required under Code Section 40-2-111; (2) To violate any regulation issued by the commissioner pursuant to the aut…

(a) A record of certificates of registration shall be maintained by the commissioner or the commissioner’s duly authorized county tag agent. All certificates of registration shall be issued: (1) Under a distinctive tag registration number assigned to the vehicle; (2) Under the iden…

Except as provided in Code Section 40-2-33 and Code Section 40-2-88, the full amount of the fees collected under this chapter shall be turned over to the state treasury by the commissioner within 30 days after collection in such manner as the state treasurer may prescribe. Histor…

The commissioner, in his discretion, may destroy all motor vehicle records required to be maintained under this chapter, except those of the current year and the two years immediately preceding. History. Ga. L. 1925, p. 315, § 1; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-205; Ga. …

It is the duty of every arresting officer, county, municipal, and state, to enforce this chapter. History. Ga. L. 1927, p. 226, § 26; Code 1933, § 68-109; Code 1981, § 40-2-132; Ga. L. 1985, p. 149, § 40; Code 1981, § 40-2-133, as redesignated by Ga. L. 1990, p. 2048, § 2.

Certified law enforcement officers appointed by the commissioner are authorized to enforce the laws of this state relating to the licensing and registration of motor vehicles and are endowed with all the powers of a police officer of this state when engaged in the enforcement of s…

Editor’s notes. — Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides, that: ‘‘This Act shall become effective July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before …

As used in this article, the term: (.1) “Agricultural field use vehicle” means a commercial truck designed specifically for field applications of fertilizers, poultry litter, and crop protection chemicals which is owned and operated by a farmer or business engaged in the sale and ap…

(a)(1) There shall be established a Transportation Trust Fund as a separate fund in the state treasury. The commissioner of transportation shall be the trustee of the fund. (2) The state treasurer shall invest the money held in the Transportation Trust Fund in the same manner in …

The commissioner may provide a different license plate for each different class of vehicles specified in this article and may distinguish the plate furnished to each class of vehicles by a different letter or lettering or other symbols or markings on the plates. History. Ga. L. 19…

Each person subject to a license fee as provided in this article shall apply for and obtain the required license plate on or before the expiration of the owner’s registration period each year. Payment for the license plate shall be made to the commissioner, a duly authorized agen…

The allowable maximum weight (license class) for which a truck or tractor is registered may be decreased only once a year, at the beginning of a new license year. Trucks classified in divisions (a)(3)(A)(i), (a)(3)(A)(ii), (a)(3)(A)(iii), (a)(10)(A)(i), (a)(10)(A)(ii), and (a)(10)…

(a) It shall be unlawful for any person to violate any provision of this article. (b) Any person who violates any provision of this article shall be guilty of a misdemeanor. History. Ga. L. 1937-38, Ex. Sess., p. 259, § 10; Code 1933, § 91A-9927, enacted by Ga. L. 1978, p. 309, §…

(a) As used in this Code section, the term: (1) “Heavy-duty equipment motor vehicle” means a motor vehicle with all its attachments and parts which is self-propelled, weighs 1,500 pounds or more, and is primarily designed and used for construction, industrial, maritime, or mining…

Except as otherwise provided in this chapter, any person who violates any provision of this chapter shall be guilty of a misdemeanor. History. Ga. L. 1925, p. 315, § 2; Ga. L. 1927, p. 226, § 26; Ga. L. 1931, p. 7, § 84; Code 1933, §§ 68-9902, 68-9908; Ga. L. 1953, Jan.-Feb. Sess…

(a) As used in this chapter, the term: (.1) “Initial registration period” means the 30 day period immediately following the date of purchase or other acquisition of a new or used motor vehicle, including tractors and motorcycles, or trailer. (.2) “Owner” shall have the same meani…

License plates and revalidation decals shall be issued only upon applications made to the local tag agent or the commissioner in accordance with the terms of this chapter. History. Ga. L. 1955, p. 659, § 6; Ga. L. 1957, p. 197, § 4; Ga. L. 1966, p. 508, § 6; Code 1981, § 40-2-21;…

(a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as tag agents of the commissioner for the purpose of accepting applications fo…

Each tag agent shall give bond conditioned as the commissioner may require, and in such amount as the commissioner may deem necessary and proper, not exceeding $250,000.00, to protect the state adequately. Such bond shall be executed by a surety corporation licensed to do busines…

(a) The commissioner is authorized and directed to promulgate rules and regulations governing the processing by private persons, in any manner whatsoever, of applications for the registration of vehicles. (b)(1) The tax commissioner of each county shall be authorized to require a…

(a) Initial applications for registration shall contain such information of ownership as the commissioner shall deem proper, and no vehicle shall be registered unless the commissioner shall be satisfied that the applicant for registration is entitled to have the vehicle registered…

Any person who shall make any false statement in any application for the registration of any vehicle, or in transferring any certificate of registration, or in applying for a new certificate of registration, shall be guilty of false swearing, whether or not an oath is actually admi…

An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his or her residence along with a bank check or money order in the amount of the license fee and all ad valorem taxe…

Ga. L. 2002, p. 1074, § 8, not codified by the General Assembly, provides: “This Act shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to the effective date of this Act.” Th…

(a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related 198 40-2-34 REGISTRATION/LICENSING OF MOTOR VEH. 40-2-34 sums of money to w…

(a) A person engaged in the business of the limited operation of a motor vehicle or trailer for any of the following purposes may obtain a transporter plate authorizing the movement of the vehicle for the specific purpose: (1) To facilitate the delivery of new or used motor vehicl…

For article explaining the Unfair Trade Practices and Consumer Protection Act, proposed in Georgia in 1973, see 10 Ga. St. B. J. 409 (1974). For note, “Consumer Protection in Georgia: The Fair Business Practices Act of 1975,” see 25 Emory L. J. 445 (1976). For article surveying G…

(a) The owner of a vehicle required to be registered under Code Section 40-2-20 which was registered for the previous year, who has failed to comply with Code Section 40-2-20 for the current year shall be deemed and held to be a delinquent under this Code section; and the registr…

Unless otherwise permitted under this chapter, every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate issued to the owner for such vehicle, and the plate shall be fastened to the rear of the vehi…

(a) As used in this Code section, the term “authentic historical Georgia license plate” means a license plate originally issued in the year 1989 or earlier and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the 220 40…

(a) A license plate or revalidation decal, when issued, shall be transferred from one vehicle to another vehicle of the same class acquired by the same person as provided in this chapter. Any use of a license plate or revalidation decal by any other person or persons in any manne…

As used in this article, the term: (1) “Fleet” means 100 or more motor vehicles or trailers. (2) “Fleet registration plan” means the method of registering the motor vehicles of a fleet as provided in this article. History. Code 1981, § 40-2-50, enacted by Ga. L. 1998, p. 1179, § 1…

(a) A corporation or firm which has an established place of business in this state or which is controlled by a parent corporation which has an established place of business in this state and which owns or operates under a lease agreement a fleet which is not required to be register…

(a) Within 30 days of receipt of a validated fleet enrollment form, the owner or operator of the enrolled fleet shall register and obtain licenses to operate the motor vehicles by submitting properly completed certificates of title for each vehicle in a fleet and any supporting docum…

(a) Upon electronic submission of all applicable requirements of this article, the department shall send notification of such to the county tag agent. Upon receipt of such notification from the department, the county tag agent shall issue to the applicant a fleet motor vehicle licen…

(a) The department or its designated agent may perform an audit of any fleet registrant to ensure compliance with the requirements of this article which may include, without limitation, examination of records of all vehicles in a fleet, additions to or deletions from a fleet since t…

An enrollment of a fleet in the fleet registration plan shall be terminated by the department in the event: (1) The department determines on the basis of an audit that fees for registration and licensing are not paid as required for 5 percent or more of the total vehicles in the fle…

(a) Any county tag agent with a satisfactory application for registration pursuant to Code Section 40-2-26 which indicates preference for a digital license plate shall inform the commissioner of such request. Upon a request by a digital license plate provider, the department shal…

(a) A digital license plate provider shall maintain an inventory of digital license plates in an amount determined to be adequate by the commissioner. (b) The commissioner shall enter in agreements with any digital license plate provider that has been selected by the state to man…

The owner of a motor vehicle with a digital license plate may cancel a digital license plate by applying for a metal license plate with the county tag agent as provided for in this chapter and upon notification of cancellation to a digital license plate provider. History. Code 198…

A digital license plate provider shall be authorized to change the digital display or messaging of a digital license plate in compliance with rules and regulations of the department or upon request by a local authority or the department. The commissioner shall be authorized to de…

On or before January 1, 2024, the commissioner shall submit a report 231 40-2-59.2 MOTOR VEHICLES & TRAFFIC 40-2-60 on the implementation of this article to the chairpersons of the Senate Public Safety Committee and the House Committee on Motor Vehicles. History. Code 1981, § 40-…

Duties and privileges of digital license plate providers. Cancellation of digital license plate by owner. Provider authority to change display of digital license plate. Report on implementation. Regulation; authority for testing or studying digital license plates. Article 3 Prest…

Any person who willfully covers any license plate with plastic, other material, or any part of his or her body in order to prevent or impede the ability of surveillance equipment to clearly photograph or otherwise obtain a clear image of the license plate is guilty of a misdemean…

(a) Motor vehicle owners who are residents of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and, except as provided in subsection (c) of this Code section, upon the payment of a fee of $35.00 in addition to the regula…