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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

848 sections·Filtered byTitle 40✕

O.C.G.A. § 40-2-114 Unlawful acts; penalties
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(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…
O.C.G.A. § 40-2-130 Records of certiﬁcates of registration
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(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…
O.C.G.A. § 40-2-131 Disposition of fees
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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…
O.C.G.A. § 40-2-132 Destruction of records by commissioner
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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. …

O.C.G.A. § 40-2-133 Enforcement of chapter

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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.

O.C.G.A. § 40-2-134 Authority of certiﬁed law enforcement officers

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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…

O.C.G.A. § 40-2-135 Revocation and seizure of license plates and renewal decals

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(a) The commissioner shall revoke any regular, prestige, special, or distinctive license plate which the commissioner determines was issued in error and shall revoke the special and distinctive license plate issued to a member of the General Assembly at such time as the holder ce…

O.C.G.A. § 40-2-135.1 Suspension of offender’s motor vehicle registration for multiple violations of toll provisions

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As provided in subsection (c) of Code Section 32-10-64, the motor vehicle registration of any owner who has failed to pay, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative Hearings as due and payable for one or more violati…

O.C.G.A. § 40-2-136 Surrender of license plates upon second or subsequent convictions of driving under the inﬂuence; special license plate for repeat driving under the inﬂuence offenders

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(a) Upon any person’s second or subsequent conviction of violating Code Section 40-6-391 within ﬁve years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the court shall issu…

O.C.G.A. § 40-2-137 Notice of insurance coverage and termination; lapses in insurance coverage; insurance coverage for active duty military personnel

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(a) As used in this Code section, the term: (1) “Commercial vehicle policy” means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle. (2) “…

O.C.G.A. § 40-2-138 Suspension or revocation of commercial vehicle registration when not in compliance with federal regulations

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Any vehicle which is prohibited by any federal agency acting pursuant to federal law, rule, or regulation from being operated in intrastate commerce shall not be eligible for registration under this article, and the commissioner shall suspend or revoke such registration for any v…

O.C.G.A. § 40-2-140 Department of Public Safety to administer provisions; registration, insurance, and fee requirements of motor carriers; joinder requirements

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(a) As used in this Code section, the term “commissioner” means the commissioner of public safety. (b) The Department of Public Safety shall be the state agency responsible for the administration of the federal Uniﬁed Carrier Registration Act of 2005, which includes participating…

O.C.G.A. § 40-2-150 Deﬁnitions

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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…

O.C.G.A. § 40-2-151 Annual license fees for operation of vehicles; fee for permanent licensing of certain trailers; fee for new passenger car with paid title ad valorem taxes

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(a) The annual fees for the licensing of the operation of vehicles shall be as follows for each vehicle registered: (1) For each passenger motor vehicle not operated as a common or contract carrier for hire .................... $20.00 (2) For each motorcycle or multipurpose off-h…

O.C.G.A. § 40-2-151.1 Highway impact fees for heavy vehicles; use of funds

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(a) As used in this Code section, the term: (1) “Transportation purposes” means activities incident to providing and maintaining an adequate system of public roads and bridges in this state and for grants to counties for road construction and maintenance. (2) “Transit” means regu…

O.C.G.A. § 40-2-151.2 Transportation Trust Fund established; funding; accounting

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(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 …

O.C.G.A. § 40-2-152 Fees for apportionable vehicles; restricted license plates for vehicles

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(a) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles not operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) (2) (3) …

O.C.G.A. § 40-2-154 License plates for different classes of vehicles; distinguishing markings

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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…

O.C.G.A. § 40-2-155 Transfers of annual licenses and plates to certain other vehicles upon application, approval, and payment of fees

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The annual license and plate issued for the operation of a vehicle described in paragraph (3), (9), or (10) of subsection (a) of Code Section 40-2-151, except those named 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)(iii) …

O.C.G.A. § 40-2-156 Proportional license fees for certain vehicles registered during speciﬁc months

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Any person registering any of the vehicles named in paragraph (3), (9), or (10) of subsection (a) of Code Section 40-2-151, except those named 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)(iii) of Code Section 40-2-151 bet…

O.C.G.A. § 40-2-159 Time of application and payment for plate

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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…

O.C.G.A. § 40-2-160 Liability of residents and nonresidents for taxes and fees; prorated fees for motor vehicles hauling seasonal state agricultural products

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(a) Each resident and nonresident person shall be liable for and shall pay the taxes and fees required by law for the operation of motor vehicles in this state. (b) With respect to motor vehicles used solely for the purpose of hauling seasonal agricultural products grown in this …

O.C.G.A. § 40-2-161 Rate of annual license fee for vehicles carrying passengers over route of 50 miles or less

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If a vehicle described in this article is operated as a carrier of passengers, the rate of annual license fee shall be one-half of the amount speciﬁed in this article when the vehicle is operated over a route of 50 miles or less. History. Ga. L. 1937-38, Ex. Sess., p. 259, § 8B; …

O.C.G.A. § 40-2-162 Apportionment of cost of annual license fees of motor buses to motor common carriers of passengers for hire operating partially outside state; formula; rules

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(a) The commissioner shall apportion the cost of the annual fees for the licensing of motor buses to motor common carriers of passengers for hire operating a ﬂeet of two or more motor buses either interstate, or both interstate and intrastate, under the authority of the Federal M…

O.C.G.A. § 40-2-163 Purchase by truck or tractor owner of higher weight license plate; payment of difference between fees

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A vehicle owner may voluntarily increase the allowable gross weight for which his vehicle is licensed by purchasing the appropriate weight license plate for his truck or tractor and paying the difference between the fee charged for the license which is surrendered and the fee cha…

O.C.G.A. § 40-2-164 Decrease of registered vehicle weight class

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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)…

O.C.G.A. § 40-2-165 Purchase of new license plate required for vehicles with excessive weight

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If upon inspection a truck licensed under Code Section 40-2-151 is found to weigh, together with its loaded trailer, more than is permitted by the license plate which it carries, the owner shall be required to purchase immediately a new license plate for the weight of the truck s…

O.C.G.A. § 40-2-166 Violation of article; penalty

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(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, §…

O.C.G.A. § 40-2-167 Separately stated fees in a rental agreement; recoverable fees and taxes

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(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…

O.C.G.A. § 40-2-168 Registration and licensing of taxicabs and limousines; issuance of distinctive license plate

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Owners of a taxicab or limousine, prior to commencing operation in this state, shall, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, and the payment of an annual registration fee of $25.00, be issued a distinctive license plat…

O.C.G.A. § 40-2-157 MOTOR VEHICLES & TRAFFIC Sec

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Annual license fees for operation of vehicles; fee for permanent licensing of certain trailers; fee for new passenger car with paid title ad valorem taxes. Highway impact fees for heavy vehicles; use of funds. Transportation Trust Fund established; funding; accounting. Fees for a…

O.C.G.A. § 40-2-94 Operation of vehicles registered in other states

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Commissioner authorized to negotiate reciprocal agreements with adjoining states. Reciprocal agreements subject to conﬁrmation by General Assembly. Reciprocal agreements while General Assembly not in session. Publication of terms of reciprocal agreements; rules and regulations fo…

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…

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…