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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

33 sections·Filtered byTitle 40✕Ch 9✕

O.C.G.A. § 40-9-1 Short title
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This chapter shall be known and may be cited as the ‘‘Motor Vehicle Safety Responsibility Act.’’ (Ga. L. 1977, p. 1014, § 1; Ga. L. 2005, p. 334, § 20-1/HB 501.)
O.C.G.A. § 40-9-10 Chapter supplemental
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This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto. (Ga. L. 1951, p. 565, § 18; Ga. L. 1963, p. 593, § 10; Code 1933, § 68C-606, enacted by Ga. L. 1977, p. 1014, § 1; Ga. L. 1985, p. 149, § 40;…
O.C.G.A. § 40-9-11 Chapter not to prevent other process
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Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law. (Ga. L. 1951, p. 565, § 20; Ga. L. 1963, p. 593, § 10; Code 1933, § 68C-607, enacted by Ga. L. 1977, p. 1014, § 1; Ga. L. …
O.C.G.A. § 40-9-2 Definitions
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As used in this chapter, the term: (1) ‘‘Accident’’ means the collision of any motor vehicle with another vehicle or with any object or fixture, or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one …

O.C.G.A. § 40-9-3 Administration of chapter; rules and regulations; hearings; appeals

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(a) The commissioner shall administer and enforce this chapter and is authorized to adopt and enforce rules and regulations necessary for its administration. The commissioner shall prescribe suitable forms requisite or deemed necessary for the purposes of this chapter. (b) The co…

O.C.G.A. § 40-9-4 Exceptions to application of chapter

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This chapter shall not apply with respect to any motor vehicle owned by the United States, the State of Georgia, any political subdivision of this state, or any municipality therein, or any motor carrier required by any other law to file evidence of insurance or other surety. Cod…

O.C.G.A. § 40-9-5 Application of chapter to nonresidents, unlicensed drivers, and unregistered vehicles; accidents in other states

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(a) If the operator or the owner of a vehicle involved in an accident in this state has no license, such operator shall not be allowed a license until he or she has complied with the requirements of this chapter to the same extent that would be necessary if, at the time of the ac…

O.C.G.A. § 40-9-7 Surrender of license after suspension

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(a) Any person whose driver’s license shall have been suspended under any provision of this chapter shall immediately return his or her license to the department. If any person shall fail to return such license to the department, the department shall direct any peace officer to s…

O.C.G.A. § 40-9-8 Operating vehicle during suspension of driver’s license or operating privilege

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Any person whose driver’s license or nonresident’s operating privilege has been suspended under this chapter and who, during such suspension, drives any motor vehicle upon any highway, except where permitted under this chapter, shall be guilty of a misdemeanor and, upon convictio…

O.C.G.A. § 40-9-9 Reinstatement of driver’s license; fee

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Whenever a driver’s license is suspended under any provisions of this chapter and the filing of proof of financial responsibility is made a prerequisite to reinstatement of such license, no such license shall be reinstated unless the driver or owner, in addition to complying with…

O.C.G.A. § 40-9-30 Fee for copy of accident report

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The Department of Transportation, or its third-party designee, shall charge a fee of $5.00 for each copy of any accident report received and maintained by that department or its designee pursuant to Code Section 40-6-273. (Code 1981, § 40-9-30, enacted by Ga. L. 1991, p. 309, § 1…

O.C.G.A. § 40-9-31 Submission of accident reports to department

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Each state and local law enforcement agency shall submit to the Department of Transportation the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a…

O.C.G.A. § 40-9-32 Determination of amount of security required; time limitation on consideration of accident report, notice, or claim; administrative hearing; judicial review

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(a) The department, not less than 30 days after receipt of an accident report or notice of an accident with respect to which a person claims under oath to have suffered damages and requests determination of security, shall determine the amount of security sufficient in its judgme…

O.C.G.A. § 40-9-33 Suspension of driver’s license or operating privilege for failure to deposit security

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(a) In the event that any person required to deposit security fails to deposit such security within 30 days from the date of mailing of notice as provided in Code Section 40-9-32 and such person does not make a timely request for a hearing, or in the event any person fails to dep…

O.C.G.A. § 40-9-34 Exceptions to requirement of security

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The requirements as to security and suspension provided in Code Sections 40-9-32 and 40-9-33 shall not apply: (1) To the operator or owner of the vehicle involved in the accident if the owner had in effect at the time of the accident an automobile liability policy with respect to…

O.C.G.A. § 40-9-35 Agreements for payment of damages

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(a) Any two or more of the persons involved in or affected by an accident may enter into a written agreement for the payment of an agreed amount with respect to all claims of any of such persons because of bodily injury to or death or property damage arising from such accident, w…

O.C.G.A. § 40-9-36 Amount of security; designation of persons for whom deposit made; reduction or increase in amount

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(a) The security under this chapter shall be in such amount as the department may require, but in no case in excess of the limits specified in subsection (a) of Code Section 40-9-37. Every depositor of security shall designate in writing every person on whose behalf the deposit i…

O.C.G.A. § 40-9-37 Requirements for liability insurance policies; erroneous information as to insurance

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(a) No liability insurance policy shall be effective under Code Section 40-9-34 unless issued by an insurance company authorized to do business in this state, except as provided in subsection (b) of this Code section, and unless such policy or bond is subject to limits, exclusive…

O.C.G.A. § 40-9-38 Surety bonds and real property bonds as security; requirements; cancellations; liens; actions on bonds; reduction or increase of security; erroneous information

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(a) Security under this chapter may also be provided for by a surety bond executed by the person and by a surety company duly authorized to transact business in this state or by the person giving proof of his ownership of real property and by one or more individual sureties ownin…

O.C.G.A. § 40-9-39 Custody, disposition, and return of deposit

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(a) The department shall place any security deposited with it under this chapter in the general fund of the state treasury. Such security shall be applicable and available only: (1) For the payment of any settlement agreement covering any claim arising out of the accident upon in…

O.C.G.A. § 40-9-40 Check of court records for pending action or unsatisfied judgment; certificate of clerk

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At the end of the expiration of one year from the date of the accident or one year from the date of the suspension under this chapter, the clerk, or the judge if there is no clerk, of any court of this state having jurisdiction over civil cases shall, upon request of an operator …

O.C.G.A. § 40-9-41 Matters not to be evidence in civil actions for damages

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Neither any accident report filed with the Department of Transportation, the action taken by the Department of Driver Services pursuant to this chapter, the findings, if any, of the department upon which such action is based, nor the security filed as provided in this chapter sha…

O.C.G.A. § 40-9-60 Courts to report unpaid judgments to department; department to report judgments against nonresidents

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(a) Whenever any person fails within 30 days to satisfy any judgment rendered in an action at law arising out of a motor vehicle accident, to which no appeal has been entered or motion for a new trial entered, then upon the request of the judgment creditor or his attorney it shal…

O.C.G.A. § 40-9-61 Suspension of driver’s license or operating privilege for nonpayment of judgment

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(a) The department, upon receipt of a certified copy of an unsatisfied judgment, shall suspend the driver’s license or nonresident’s operating privilege of the person against whom such judgment was rendered except as provided in subsections (b) and (c) of this Code section. (b) I…

O.C.G.A. § 40-9-62 Duration of suspension; when judgments deemed satisfied

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(a) A driver’s license or nonresident’s operating privilege suspended pursuant to Code Section 40-9-61 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of the judgment debtor, whether or not he or she …

O.C.G.A. § 40-9-63 Installment payment of judgments

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(a) A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments, and the court, in its discretion and without prejudice to any other legal remedies which the judg…

O.C.G.A. § 40-9-80 Methods of giving proof; duration

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(a) In all those situations under this chapter in which proof of financial responsibility for the future is required, such proof may be given by filing with the department: (1) A written certificate of any insurance carrier certifying that there is in effect a liability policy as…

O.C.G.A. § 40-9-81 Proof required upon restoration of driver’s license suspended for certain offenses

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(a) Whenever any person is convicted of any offense making mandatory the suspension of such person’s driver’s license, the department shall not restore the license to such person until permitted under the motor vehicle laws of this state, and not then unless and until such person…

O.C.G.A. § 40-9-82 Cancellation of insurance certificate

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Any insurance company filing a certification with the department in order for the operator to show the proof required in this article shall not cancel such certification within 12 months from its effective date except for a subsequent conviction of any offense requiring the manda…

O.C.G.A. § 40-9-100 Assigned risk plan

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(a) After consultation with insurance companies authorized to issue automobile policies in this state, the Commissioner of Insurance shall approve a reasonable plan or plans for the equitable apportionment among such companies of applicants for motor vehicle liability policies an…

O.C.G.A. § 40-9-102 Atlanta Rent-A-Car, Inc

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v. Jackson, 204 Ga. App. 448, 419 S.E.2d 489, cert. denied, 204 Ga. App. 921, 419 S.E.2d 489 (1992). Primary coverage provided by rental company. — When a rental company incorporated the company’s own liability coverage as part of the company’s rental agreement and failed to dete…

O.C.G.A. § 40-9-103 Cooperation by insured with insurer in connection with defense of action or threatened action under policy

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(a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which sp…

O.C.G.A. § 40-9-12 Short title

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Definitions. Administration of chapter; rules and regulations; hearings; appeals. Exceptions to application of chapter. Application of chapter to nonresidents, unlicensed drivers, and unregistered vehicles; accidents in other states. Transfer of registration of vehicle after regi…