Title 40 — Title 40

(a) An authorized insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner’s motor vehicle liability insurance policy, including but not limited to:…

A peer-to-peer car-sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner, and shall provide that information upon re…

A peer-to-peer car-sharing program and a shared vehicle owner shall be exempt from vicarious liability consistent with 49 U.S.C. Section 30106, as such existed on January 1, 2020, and under any state or local law that imposes liability solely based on vehicle ownership. History. …

A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car-sharing program if the claim is: (1) Made against…

(a) Notwithstanding any other provision of law, a peer-to-peer carsharing program shall have an insurable interest in a shared vehicle during the car-sharing period. (b) Except as provided in Code Section 40-1-226, nothing in this part creates a liability on a peer-to-peer car-sh…

Each car-sharing program agreement made in this state shall disclose to the shared vehicle owner and the shared vehicle driver: (1) Any right of the peer-to-peer car-sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic los…

A peer-to-peer car-sharing program shall have sole responsibility for any equipment, such as a global positioning system or other special equipment, that is put in or on the vehicle to monitor or facilitate the car-sharing transaction and shall agree to indemnify and hold harmles…

Assumption of liability; insurance. Notification of lien on vehicle. Exclusion of insurance coverage for shared vehicle. Collection, verification, and retention of records. Exemption from vicarious liability. Right to seek contribution. Insurable interests. Required disclosures in …

Legislative findings; construction. Definitions. Regulatory compliance inspections; notification; jurisdiction; permit required; escorts or inspections; exceptions; recovery for damage or discharge; civil monetary penalties; department authority. Enforcement; use of funds; regulator…

It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly permit the operation of such vehicle upon a highway in any manner contrary to law. History. Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 122; Ga. L. 1990…

(a) As used in this Code section, the terms “dealer,” “distributor,” “manufacturer,” and “new motor vehicle” shall have the same meaning as set forth in Code Section 40-2-39. (b) Except as provided in this subsection and in subsection (c) of this Code section, prior to the sale o…

This article shall be known and may be cited as the “Georgia Motor Carrier Act of 2012.” History. Code 1981, § 40-1-50, enacted by Ga. L. 2012, p. 580, § 1/HB 865.

The General Assembly finds that the for-hire transportation of persons and property are a privilege that require close regulation and control to protect public welfare, provide for a competitive business environment, and provide for consumer protection. To that end, the provisions…

There is created and established a division within the Department of Public Safety to be known as the Motor Carrier Compliance Division which shall include a section designated the Regulatory Compliance Section. Except as provided in Chapter 2 of Title 35, the members of the Moto…

(a) The department shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” (b) The commissioner is authorized to issue such orders, aut…

Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article relating to the regulation of motor carriers and limousine carriers or any order, rule, or regulation of the department, or who procures, aids, or abets therein…

Rules, orders, and regulations previously adopted which relate to functions performed by the Public Service Commission which were transferred under this article to the Department of Public Safety shall remain of full force and effect as rules, orders, and regulations of the Depar…

Uniformed law enforcement officers of an agency who are assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall wear the same type uniform as other members of the assigned division of such officers’…

Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall place a visible blue light on…

(a) For purposes of this Code section, the term: (1) “Department” means the Department of Revenue. (2) “Owner” means a person having an interest in or title to a vehicle. Such term shall include a lienholder, security interest holder, and any person entitled to the use or possess…

As used in this chapter, the term: (1) “Cancellation of vehicle registration” means the annulment or termination by formal action of the department of a person’s vehicle registration because of an error or defect in the registration or because the person is no longer entitled to …

A vehicle registrant may voluntarily cancel the registration on a vehicle when such vehicle is not in use for any reason, including without limitation if the vehicle is stolen, repossessed but not redeemed by the registrant, junked, inoperable, in storage, used seasonally for agr…

Violations of chapter generally; penalties. False statements in application constitute false swearing. Manufacture, sale, or issuance of license plate or revalidation decal prohibited. Unlawful actions relating to license plate; use of expired prestige license plate. Alteration o…

In addition to the permit fee provided in Code Section 40-2-111, a person operating a motor truck on the highways of this state, which truck is registered in a state or province which imposes upon motor trucks registered in this state a tax, fee, or toll for the privilege of oper…

The commissioner shall collect the taxes and fees imposed by this article and he is authorized to make such rules and regulations and prescribe such forms as are necessary to carry out this article. History. Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 2, § 3; Ga. L. 1990, p. 2048,…

(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…

(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…

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…

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. …

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.

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…

Editor’s notes. — Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides, that: ‘‘This Act shall become effective July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before …

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…

(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 …

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…

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…

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)…

(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, §…

(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…

Except as otherwise provided in this chapter, any person who violates any provision of this chapter shall be guilty of a misdemeanor. History. Ga. L. 1925, p. 315, § 2; Ga. L. 1927, p. 226, § 26; Ga. L. 1931, p. 7, § 84; Code 1933, §§ 68-9902, 68-9908; Ga. L. 1953, Jan.-Feb. Sess…

(a) As used in this chapter, the term: (.1) “Initial registration period” means the 30 day period immediately following the date of purchase or other acquisition of a new or used motor vehicle, including tractors and motorcycles, or trailer. (.2) “Owner” shall have the same meani…

License plates and revalidation decals shall be issued only upon applications made to the local tag agent or the commissioner in accordance with the terms of this chapter. History. Ga. L. 1955, p. 659, § 6; Ga. L. 1957, p. 197, § 4; Ga. L. 1966, p. 508, § 6; Code 1981, § 40-2-21;…

(a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as tag agents of the commissioner for the purpose of accepting applications fo…

Each tag agent shall give bond conditioned as the commissioner may require, and in such amount as the commissioner may deem necessary and proper, not exceeding $250,000.00, to protect the state adequately. Such bond shall be executed by a surety corporation licensed to do busines…

(a) The commissioner is authorized and directed to promulgate rules and regulations governing the processing by private persons, in any manner whatsoever, of applications for the registration of vehicles. (b)(1) The tax commissioner of each county shall be authorized to require a…

(a) Initial applications for registration shall contain such information of ownership as the commissioner shall deem proper, and no vehicle shall be registered unless the commissioner shall be satisfied that the applicant for registration is entitled to have the vehicle registered…

Any person who shall make any false statement in any application for the registration of any vehicle, or in transferring any certificate of registration, or in applying for a new certificate of registration, shall be guilty of false swearing, whether or not an oath is actually admi…

An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his or her residence along with a bank check or money order in the amount of the license fee and all ad valorem taxe…

Ga. L. 2002, p. 1074, § 8, not codified by the General Assembly, provides: “This Act shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to the effective date of this Act.” Th…

(a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related 198 40-2-34 REGISTRATION/LICENSING OF MOTOR VEH. 40-2-34 sums of money to w…