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Georgia Statutes, Title 40

Georgia/Statutes

← All Georgia coverage

Title 40

16 chapters · 848 sections in this title.

All chapters in Title 40848 Ch 6, UNIFORM RULES OF THE ROAD202 Ch 2, REGISTRATION AND LICENSING OF MOTOR …131 Ch 5, DRIVERS’ LICENSES123 Ch 1, IDENTIFICATION AND REGULATION101 Ch 8, EQUIPMENT AND INSPECTION OF MOTOR VE…72 Ch 3, CERTIFICATES OF TITLE, SECURITY INTE…52 Ch 13, PROSECUTION OF TRAFFIC OFFENSES36 Ch 9, REPORTING ACCIDENTS; GIVING PROOF OF…33 Ch 14, USE OF SPEED DETECTION DEVICES AND R…27 Ch 4, IDENTIFICATION OF AND PURCHASE AND R…18 Ch 11, ABANDONED, DERELICT, AND CIVIL FORFE…14 Ch 10, GOVERNOR’S OFFICE OF HIGHWAY SAFETY10 Ch 16, DEPARTMENT OF DRIVER SERVICES10 Ch 12, ACTIONS AGAINST NONRESIDENT MOTORISTS8

52 sections·Filtered byTitle 40✕Ch 3✕

O.C.G.A. § 40-3-1 Short title
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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
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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. § 40-3-3 Powers and duties of commissioner
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(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. § 40-3-4 Exclusions from issuance of certiﬁcate of title
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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…

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O.C.G.A. § 40-3-5 Stolen, converted, and recovered vehicles

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(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. § 40-3-6 Hearings; judicial review

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(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. § 40-3-20 Certiﬁcate of title prerequisite to registration; documentation required to register a vehicle purchased outside state

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(a) Except as provided in Code Section 40-3-4, every owner of a vehicle which is required by law to be registered in this state and for which no certiﬁcate of title has been issued by the commissioner may make application to the commissioner or to the tag agent in the county wher…

O.C.G.A. § 40-3-21 Application for ﬁrst certiﬁcate of title

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(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

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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

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(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. § 40-3-23 Issuance of certiﬁcate of title; maintenance of record of certiﬁcates issued; public inspection; furnishing records for fee; electronic format

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(a) The commissioner or the commissioner’s duly authorized county tag agent shall ﬁle each application received and, when satisﬁed as to its genuineness and regularity and that the applicant is entitled to the issuance of a certiﬁcate of title, shall issue a certiﬁcate of title o…

O.C.G.A. § 40-3-24 Contents of certiﬁcate of title; certiﬁcate of title not subject to judicial process

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(a) Each certiﬁcate of title issued by the commissioner or the commissioner’s duly authorized county tag agent shall contain: (1) The date issued; (2) The name and address of the owner; (3) The names and addresses of the holders of any security interest and of any lien as shown o…

O.C.G.A. § 40-3-25 Entry of odometer reading on certiﬁcate of title upon sale or transfer of vehicle; certain vehicles exempted

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(a) In addition to the information required by Code Section 40-3-24, each certiﬁcate of title issued by the commissioner or the commissioner’s duly authorized county tag agent shall contain spaces thereon for the entry of the mileage of the motor vehicle as shown on the odometer …

O.C.G.A. § 40-3-26 Delivery; notice; security interest holders and lienholders

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(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

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(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. § 40-3-28 Registration of vehicle where commissioner not satisﬁed as to ownership of vehicle; bond

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If the commissioner or the commissioner’s duly authorized county tag agent is not satisﬁed as to the ownership of the vehicle or that there are no undisclosed security interests in it, the commissioner or authorized county tag agent may register the vehicle, but shall either: (1)…

O.C.G.A. § 40-3-29 Refusal to issue certiﬁcate of title

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(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. § 40-3-30 Requirement of compliance with federal safety standards

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(a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certiﬁcate of title shall be issued to any motor vehicle which was not manufactured to comply with applicable federal motor vehicle safety standards issued pursuant to 49 U.S…

O.C.G.A. § 40-3-30.1 Standards for issuance to assembled motor vehicle and motorcycle or converted motor vehicle; inspections; unconventional motor vehicle or motorcycle not to be titled or registered; exception

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(a) As used in this Code section, the term: (1) “Assembled motor vehicle or motorcycle” means any motor vehicle or motorcycle that is: (A) Manufactured from a manufacturer’s kit or manufacturer’s fabricated parts, including replicas and original designs: (i)(I) By an owner; or (I…

O.C.G.A. § 40-3-31 Replacement of lost, stolen, mutilated, or destroyed certiﬁcates of title

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If a certiﬁcate of title is lost, stolen, mutilated, or destroyed or becomes illegible, the owner or the legal representative of the owner named in the certiﬁcate, as shown by the records of the commissioner or the commissioner’s duly authorized county tag agent, shall promptly m…

O.C.G.A. § 40-3-32 Transfer of vehicle generally

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(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. § 40-3-32.1 Application for transfer of title to local tag agent by purchaser of manufactured home

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In addition to any other requirements imposed by this chapter for the transfer of a certiﬁcate of title, the purchaser of a manufactured home shall submit an application for a transfer of title to the local tag agent in the county in which the manufactured home is to be installed…

O.C.G.A. § 40-3-33 Transfer of vehicle to or from dealer; records; application for certiﬁcate of title by dealer

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(a)(1) Except as provided in paragraph (2) of this subsection, a dealer who buys a vehicle and holds it for resale need not apply to the commissioner for a new certiﬁcate of title but may retain the certiﬁcate delivered to him. Upon transferring the vehicle to another person othe…

O.C.G.A. § 40-3-34 Transfer of vehicle by operation of law; termination of interest; joint interest with right of survivorship

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(a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b) of this Code section, mail or deliver to the commissioner or his appropriate authorized county tag agent the last certiﬁcate…

O.C.G.A. § 40-3-35 Issuance of new certiﬁcate of title; retention of surrendered certiﬁcate of title

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(a) The commissioner or the commissioner’s duly authorized county tag agent, upon receipt of a properly assigned certiﬁcate of title, with an application for a new certiﬁcate of title, the required fee, and any other documents required by law, shall issue a new certiﬁcate of titl…

O.C.G.A. § 40-3-36 Cancellation and destruction of certiﬁcate of title for scrap, dismantled, or demolished vehicles or trailers; salvage certiﬁcate of title; administrative enforcement; removal of license plates

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(a)(1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any vehicle, including a trailer, as scrap metal or parts only or a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who scraps, disman…

O.C.G.A. § 40-3-36.1 Designation of ﬂood damaged or ﬁre damaged vehicle on certiﬁcate of title

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For any salvage motor vehicle which, after inspection, it is determined that repair to an operable condition does not require replacement of two or more major component parts but it is determined that the damage to the vehicle is a result of ﬂood or ﬁre shall be designated as ﬂoo…

O.C.G.A. § 40-3-37 Salvaged or rebuilt motor vehicles; inspections; fees; exemption of motorcycles; glider kits

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(a) As used in this Code section, the term: (1) “Application for a certiﬁcate of title on a recovered stolen motor vehicle” means an application for a certiﬁcate of title for a motor vehicle for which an insurance company has paid a total loss claim, has obtained a title marked “…

O.C.G.A. § 40-3-38 Fees

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(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. § 40-3-39 Compensation of tag agents; mailing of applications to department

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The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section 40-2-23 and to allow such county tag agents to retain a fee therefor not in excess of 50¢ for each application handled, such fee to be disposed of as other tag fees…

O.C.G.A. § 40-3-40 Reports and remittances by tag agents

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(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

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(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

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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 Transfer of certiﬁcate of title for total loss claim paid for stolen vehicle

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(a) Any person, ﬁrm, or corporation which pays a total loss claim on a vehicle as a result of such vehicle’s being stolen shall within 15 days of the payment of such total loss claim apply to the commissioner for a transfer of the certiﬁcate of title into such person’s, ﬁrm’s, or…

O.C.G.A. § 40-3-50 Perfection of security interests generally

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(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

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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

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(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

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(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

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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

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(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

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(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. § 40-3-57 Disclosure of information as to security interests and liens

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The holder of any security interest or of any lien named in a certiﬁcate of title shall, on written request of the owner, or of another holder of any security interest or lien named in the certiﬁcate, or of an interested third party, or of the commissioner, disclose any pertinent…

O.C.G.A. § 40-3-58 Exclusiveness of chapter

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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

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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. § 40-3-60 Security interest not created by provision for adjustment of rental price

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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. § 40-3-61 Proceeds of insurance policy to multiple lienholders in event of total loss of vehicle

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Notwithstanding any other provision of law to the contrary, in any claim involving the total loss of a vehicle which is subject to more than one perfected security interest or lien as recorded on the title of the vehicle, the proceeds of the insurance policy shall be ﬁrst applied…

O.C.G.A. § 40-3-90 Certain acts declared felonies

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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

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(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

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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

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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.