Title 40 — Title 40
0 chapters · 572 sections in this title.
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…
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 Fees
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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
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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. § 40-3-50 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. § 40-3-58 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. § 40-3-6 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. § 40-3-60 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. § 40-3-90 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.
O.C.G.A. § 40-3-94 Penalties
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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
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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 …
O.C.G.A. § 40-4-1 Definitions
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As used in this article, the term: 457 40-4-1 MOTOR VEHICLES & TRAFFIC 40-4-2 (1) “Component” means a passenger car engine or a passenger car transmission. (2) “New passenger car” means any passenger car which has never been the subject of a sale at retail to the general public. …
O.C.G.A. § 40-4-2 Application of article
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(a) The provisions of this article requiring vehicle identification numbers on passenger cars and truck chassis with features designed for specialized requirements of a wrecker shall apply only to such items manufactured after January 1, 1967, and designated by the manufacturer as…
O.C.G.A. § 40-4-20 Definitions
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As used in this article, the term: (1) “Falsify” includes alter or forge. (2) “Identification number” means an identifying number, serial number, engine number, or other distinguishing number or mark placed on a vehicle or engine by its manufacturer or by authority of the commissi…
O.C.G.A. § 40-4-21 Removal or falsification of identification number
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(a) A person who willfully removes, except in conformance with Code Section 40-3-35, or falsifies an identification number of a vehicle or an engine for a vehicle is guilty of a misdemeanor. (b) A person who, willfully and with intent to misrepresent the identity of a vehicle or en…
O.C.G.A. § 40-4-23 When identification number not deemed falsified
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An identification number may be placed on a vehicle or engine by its manufacturer in the regular course of business or placed or restored on a vehicle or engine by authority of the commissioner without violating this article. An identification number so placed or restored is not fa…
O.C.G.A. § 40-4-3 Vehicle identification numbers required
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(a) New passenger cars and components manufactured within state. After January 1, 1997, new passenger cars, truck chassis with features designed for specialized requirements of wreckers, passenger car engines, and transmissions, as specified in this article, manufactured within th…
O.C.G.A. § 40-4-4 Placement, size, and appearance of vehicle identification numbers
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(a) The identification numbers required by Code Section 40-4-3 shall be placed upon the passenger car, truck chassis, and component parts by the manufacturer thereof. (b) The identification numbers shall be placed upon the passenger car, truck chassis, and components in such a mann…
O.C.G.A. § 40-4-44 Definitions
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Removal or falsification of identification number. Buying, selling, receiving, concealing, using, possessing, or disposing of motor vehicle or part thereof from which identification has been removed or altered. When identification number not deemed falsified. 40-4-45. Records to be ke…
O.C.G.A. § 40-4-45 Sale of farm tractors
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(a) As used in this Code section, the term: (1) “Certificate of origin” means the evidence of origin of title of a farm tractor from the manufacturer. It shall show the following information: (A) The name and the address of the manufacturer; (B) The serial number of the farm tract…
O.C.G.A. § 40-4-5.1 Identification requirements for personal transportation vehicles
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(a) On or after July 1, 2014, on every newly manufactured personal transportation vehicle, the manufacturer shall inscribe a permanent, durable, corrosion-resistant name plate or marking which contains a unique serial number, name of manufacturer, model name or code, date code, c…
O.C.G.A. § 40-4-7 Penalties
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(a) Sale, shipment, or manufacture of unnumbered passenger car or component. Any person who sells or offers for sale in this state, ships or causes to be shipped into this state, or manufactures with the intention that it shall be sold at retail in this state a passenger car, tru…
O.C.G.A. § 40-5-1 Definitions
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As used in this chapter, the term: (1) “Assessment component” means the standard screening instrument or instruments designated by the department which are used to screen for the extent of an individual’s alcohol or drug use and its impact on driving. (2) Reserved. (3) “Cancellat…
O.C.G.A. § 40-5-10 Definitions
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Keeping of records of applications for licenses and information on licensees; furnishing of information. Department employees as notaries public. Promulgation of rules and regulations. Authorized delay in compliance with federal Real ID Act. Reciprocal agreements with other state…
O.C.G.A. § 40-5-101 Rules and regulations
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The commissioner shall promulgate rules and regulations under which this article shall be implemented and administered. 708 40-5-101 DRIVERS’ LICENSES 40-5-103 History. Ga. L. 1973, p. 807, § 2; Ga. L. 1990, p. 2048, § 4; Ga. L. 2000, p. 951, § 5-47. 40-5-102. Applicant to furnis…
O.C.G.A. § 40-5-102 Applicant to furnish proof of birth date
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The department shall require an applicant for an identification card to furnish a birth certificate or other verifiable evidence stating the applicant’s birth date. History. Ga. L. 1973, p. 807, § 4; Ga. L. 1990, p. 2048, § 4. 40-5-103. Fee; issuance period; exemptions from fees; re…
O.C.G.A. § 40-5-103 Fee; issuance period; exemptions from fees; renewal
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(a) Except as provided in Code Section 40-5-21.1 and subsections (b) and (c) of this Code section, the department shall collect a fee of $20.00 for a five-year card and a fee of $32.00 for an eight-year card, which fee shall be deposited in the state treasury in the same manner as…
O.C.G.A. § 40-5-104 False statement in application
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Any person who knowingly makes any false statement in an application for an identification card provided for by this article shall be guilty of a violation of Code Section 16-10-20. History. Ga. L. 1973, p. 807, § 5; Ga. L. 1990, p. 2048, § 4; Ga. L. 2002, p. 551, § 5.
O.C.G.A. § 40-5-105 Application of Code Section 40-5-2
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The provisions of Code Section 40-5-2 regarding the maintenance and disclosure of department records shall apply, where relevant, to those records maintained or received by the department in connection with identification cards issued under this article. History. Code 1981, § 40-5…
O.C.G.A. § 40-5-106 Impact of display to officer of identification in electronic format
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Any person utilizing a wireless telecommunications device as such 711 40-5-106 MOTOR VEHICLES & TRAFFIC T.40, C.5, A.6 term is defined in Code Section 40-6-241 to display his or her identification card in electronic format shall not be considered to have consented to a search of su…
O.C.G.A. § 40-5-121 Marsengill v
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State, 275 Ga. App. 840, 622 S.E.2d 58, 2005 Ga. App. LEXIS 1119 (2005). Defendant’s conviction of driving a motor vehicle with a suspended license was supported by sufficient evidence as the defendant could not produce a driver’s license, and the officer’s check on the status of…
O.C.G.A. § 40-5-122 Permitting unlicensed person to drive
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No person shall knowingly authorize or permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under this chapter or who is not licensed for the type or class of vehicles to be driven or in violation of any of the…
O.C.G.A. § 40-5-123 Permitting unauthorized minor to drive
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No person shall cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor is not authorized under this chapter or in violation of any of the provisions of this chapter. This Code section shall not apply to any …
O.C.G.A. § 40-5-124 Jurisdiction of offenses
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(a) Any person charged with an offense under this chapter may be tried in any municipal court of any municipality if the offense occurred within the corporate limits of such municipality. Such courts are 723 40-5-124 MOTOR VEHICLES & TRAFFIC 40-5-125 granted the jurisdiction to t…
O.C.G.A. § 40-5-140 Short title
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This article shall be known and may be cited as the “Uniform Commercial Driver’s License Act.” History. Code 1981, § 40-5-140, enacted by Ga. L. 1989, p. 519, § 1; Ga. L. 1990, p. 2048, § 4.
O.C.G.A. § 40-5-141 Purpose and applicability of article; liberal construction
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The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by permitting commercial drivers to hold only one license; disqu…
O.C.G.A. § 40-5-142 Definitions
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As used in this article, the term: (1) “Alcohol” means: (A) Beer, ale, port, or stout and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt,…
O.C.G.A. § 40-5-145 Duties of employer
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(a) Each employer shall require every commercial motor vehicle driver applicant to provide the information specified in subsection (d) of Code Section 40-5-144. (b) No employer may knowingly allow, require, permit, or authorize a driver to drive a commercial motor vehicle during a…