Title 40 — Title 40
0 chapters · 572 sections in this title.
O.C.G.A. § 40-3-1 Short title
0.2K chars
This chapter shall be known and may be cited as the “Motor Vehicle Certificate of Title Act.” History. Ga. L. 1961, p. 68, § 1; Ga. L. 1990, p. 2048, § 3.
O.C.G.A. § 40-3-2 Definitions
4.8K chars
As used in this chapter, the term: (1) “Boat trailer” means any vehicle without motive power designed for carrying boats, either partially or wholly on its own structure, which is being drawn by a self-propelled vehicle and operated over the public roads of this state. (2) “Commi…
O.C.G.A. § 40-3-21 Application for first certificate of title
6.1K chars
(a) The application for the first certificate of title of a vehicle in this state shall be made to the commissioner’s duly authorized county tag agent on the prescribed form. Except as provided in subsection (b) of this Code section, the application shall be submitted to the approp…
O.C.G.A. § 40-3-21.1 Conditional titles; requirements
2.0K chars
For a 1962 or earlier model year motor vehicle, the owner of such motor vehicle may apply to the commissioner through the county tag agent for a conditional title for such motor vehicle. The application shall be made under oath on a form prescribed by the commissioner for such pu…
O.C.G.A. § 40-3-22 Examination of records
0.8K chars
(a) The commissioner or the commissioner’s duly authorized county tag agent, upon receiving application for a first certificate of title, shall check the identifying number of the vehicle shown in the application against the records of vehicles required to be maintained by Code Sec…
O.C.G.A. § 40-3-26 Delivery; notice; security interest holders and lienholders
5.0K chars
(a)(1) The certificate of title shall be mailed or delivered to the holder of the first security interest or lien named in it. In the event there is no security interest holder or lienholder named in such certificate, the certificate of title shall be mailed or delivered directly to …
O.C.G.A. § 40-3-27 Reflection of subsequent transactions
7.0K chars
(a) Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of titl…
O.C.G.A. § 40-3-29 Refusal to issue certificate of title
1.1K chars
(a) The commissioner or the commissioner’s duly authorized county tag agent shall refuse issuance of a certificate of title only if any required fee is not paid or if the commissioner or the commissioner’s duly authorized county tag agent has reasonable grounds to believe that: (1…
O.C.G.A. § 40-3-3 Powers and duties of commissioner
1.5K chars
(a) The commissioner is responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner speedily, completely, and efficiently to perform the duties conferred on the commissioner…
O.C.G.A. § 40-3-30 Short title
2.3K chars
Definitions. Powers and duties of commissioner. Exclusions from issuance of certificate of title. Stolen, converted, and recovered vehicles. Hearings; judicial review. Article 2 40-3-30.1. 40-3-31. Certificates of Title 40-3-20. 40-3-21. 40-3-21.1. 40-3-22. 40-3-23. 40-3-24. 40-3-25…
O.C.G.A. § 40-3-32 Transfer of vehicle generally
3.5K chars
(a) If an owner transfers his interest in a vehicle other than by the creation of a security interest, he shall, at the time of delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate of title or as t…
O.C.G.A. § 40-3-38 Fees
1.5K chars
(a) An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent. (b) An application for the naming of a lienholder on a certificate of title shall be accompanied by the required fee when maile…
O.C.G.A. § 40-3-4 Exclusions from issuance of certificate of title
4.4K chars
No certificate of title shall be obtained for: (1) A vehicle owned by the United States unless it is registered in this state; (2) A vehicle owned by a manufacturer of or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of test…
O.C.G.A. § 40-3-40 Reports and remittances by tag agents
2.0K chars
(a) All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the department is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money c…
O.C.G.A. § 40-3-41 Suspension or revocation of certificates of title
1.0K chars
(a) The commissioner shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with Code Section 40-3-6, when authorized by any other provision of law or if he finds: (1) The certificate of title was fraudulently procured or err…
O.C.G.A. § 40-3-42 Timely submission of documents; penalty for late submissions
0.7K chars
In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the…
O.C.G.A. § 40-3-43 Fees
0.5K chars
Compensation of tag agents; mailing of applications to department. Reports and remittances by tag agents. Suspension or revocation of certificates of title. Timely submission of documents; penalty for late submissions. Transfer of certificate of title for total loss claim paid for …
O.C.G.A. § 40-3-5 Stolen, converted, and recovered vehicles
1.6K chars
(a) Duties of peace officers. A peace officer who learns of the theft of a vehicle not since recovered shall report the theft to the commissioner. A peace officer who learns of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported…
O.C.G.A. § 40-3-50 Perfection of security interests generally
2.4K chars
(a) Except as provided in Code Sections 11-9-303, 11-9-316, and 11-9-337, the security interest in a vehicle of the type for which a certificate of title is required shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees, and the ho…
O.C.G.A. § 40-3-51 Creation of security interest by owner
2.7K chars
If the owner creates a security interest in a vehicle: (1) The owner shall immediately execute the application in the space provided therefor on the certificate of title or on a separate form that the commissioner prescribes, naming the holder of the security interest on the certi…
O.C.G.A. § 40-3-52 Perfection of second or subsequent security interests
5.6K chars
(a) If the owner of a motor vehicle desires to place a second or subsequent security interest against the vehicle and the certificate of title on that vehicle is being held by a security interest holder or lienholder, the owner shall, on the form prescribed by the commissioner, ex…
O.C.G.A. § 40-3-53 Perfection and enforcement of liens generally
6.9K chars
(a) If the holder of any lien, except the holder of a mechanic’s lien, perfection of which is prescribed in Code Section 40-3-54, desires to perfect such lien against a vehicle, the lienholder shall, on the form prescribed by the commissioner, execute a title application and a no…
O.C.G.A. § 40-3-54 Southern Gen
7.5K chars
Ins. Co. v. Auto Transformation, Inc., 206 Ga. App. 243, 424 S.E.2d 883, 1992 Ga. App. LEXIS 1593 (1992). Towing a vehicle and preparing an estimate of repair costs may not be considered work done or materials furnished in repairing or servicing a vehicle; the operator of a towin…
O.C.G.A. § 40-3-55 Assignment of security interests and liens
1.9K chars
(a) The holder of any security interest in or lien on a vehicle may assign, absolutely or otherwise, such holder’s security interest or lien to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien, but any pers…
O.C.G.A. § 40-3-56 Satisfaction of security interests and liens
5.1K chars
(a)(1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days, execute a release in the form the commissioner prescribes and mail or deliver the release to the commissioner and the owner, provided that as an alterna…
O.C.G.A. § 40-3-58 Exclusiveness of chapter
0.6K chars
The method provided in this chapter of perfecting and giving notice of security interests and liens with respect to motor vehicles as to which certificates of title need be obtained under this chapter is exclusive, and such security interests and liens are exempt from the provisio…
O.C.G.A. § 40-3-59 Certain security interests not affected
0.3K chars
This chapter does not apply to or affect a security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale. A buyer in the ordinary course of trade from the manufacturer or dealer takes free of such security interest. History. Ga. L. 1961, p. 68,…
O.C.G.A. § 40-3-6 Hearings; judicial review
1.2K chars
(a) A person aggrieved by an act or omission to act of the department under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of t…
O.C.G.A. § 40-3-60 Security interest not created by provision for adjustment of rental price
1.5K chars
Notwithstanding any other provision of law, in the case of a motor vehicle or trailer, a transaction does not create a sales or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward…
O.C.G.A. § 40-3-90 Certain acts declared felonies
1.8K chars
A person who, with fraudulent intent: (1) Alters, forges, or counterfeits a certificate of title; (2) Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed; (3) Has …
O.C.G.A. § 40-3-91 Certain acts declared misdemeanors
1.6K chars
(a) A person who: (1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title; (2) Willfully fails to mail or deliver a certificate of title to the commissioner or to the purchaser of the motor vehicle or a release of secur…
O.C.G.A. § 40-3-92 False report of theft or conversion
0.3K chars
A person who knowingly makes a false report to a peace officer or the commissioner of the theft or conversion of a vehicle shall be guilty of a misdemeanor of a high and aggravated nature. History. Ga. L. 1961, p. 68, § 33; Ga. L. 1990, p. 2048, § 3; Ga. L. 1991, p. 969, § 1.
O.C.G.A. § 40-3-93 Evidence of criminal intent or knowledge
0.2K chars
In a prosecution for a crime specified in this chapter, evidence that the defendant has committed a prior act or acts of the same kind is admissible to prove criminal intent or knowledge. History. Ga. L. 1961, p. 68, § 35; Ga. L. 1990, p. 2048, § 3.
O.C.G.A. § 40-3-94 Penalties
0.6K chars
Unless another penalty is provided in this chapter: (1) A person convicted of a felony for the violation of a provision of 455 40-3-94 MOTOR VEHICLES & TRAFFIC 40-3-95 this chapter shall be punished by a fine of not less than $500.00 nor more than $5,000.00, or by imprisonment for…
O.C.G.A. § 40-3-95 Effect on other laws
0.5K chars
The penal provisions of this chapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto. History. Ga. L. 1961, p. 68, § 37; Ga. L. 1990, p. 2048, § 3. 456 T.40, C.4 IDENTIFICATION, ETC., OF VEHICLES, ETC. 40-4-1 CHAPTER …