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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. § 40-11-2 Duty of person removing or storing motor vehicle
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(a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, seek the identity of and address of all known owners of such v…
O.C.G.A. § 40-11-3 Removal of vehicles from public property by peace officer; notification requirements
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(a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if s…
O.C.G.A. § 40-11-3.1 Unattended vehicle checks
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(a) It shall be the duty of any peace officer who discovers a motor vehicle which has been left unattended on a public street, road, or highway or other public property to immediately perform an unattended vehicle check on such motor vehicle, unless there is displayed on such mot…
O.C.G.A. § 40-11-3.2 Limited prohibition on towing vehicles within paid parking facility located within 500 feet of an establishment serving alcohol

Showing 751–800 of 848

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(a) It shall be unlawful for the owner or operator of a paid private parking lot or paid private parking facility located within 500 feet of an establishment which serves alcoholic beverages for consumption on the premises to remove, tow, or immobilize or cause to be removed, tow…

O.C.G.A. § 40-11-4 Creation of lien; courts authorized to foreclose lien

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(a) Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees connected with such removal or storage plus the cost of any notification or advertisement up to the date of retrieval or…

O.C.G.A. § 40-11-5 Lien foreclosure procedure

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All liens acquired under Code Section 40-11-4 shall be foreclosed as follows: (1) Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention; (2) The person desiring to foreclo…

O.C.G.A. § 40-11-6 Sale of vehicle pursuant to foreclosure

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(a)(1) As used in this subsection, the term ‘‘public sale’’ means a sale: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; (B) At which those attending shall be given the opportunity to bid on a competitive basis; (C) At which the sa…

O.C.G.A. § 40-11-7 How purchaser at foreclosure sale may obtain certificate of title

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The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a cer…

O.C.G.A. § 40-11-8 Disposition of proceeds of foreclosure sale

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The clerk of the court shall retain the remaining balance of the proceeds of a sale under Code Section 40-11-6, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandon…

O.C.G.A. § 40-11-9 Derelict motor vehicles; determination of status; disposition; violations and penalties

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(a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driv…

O.C.G.A. § 40-11-20 Items subject to civil forfeiture

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The following items are declared to be contraband and are subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9: (1) Any motor vehicle the manufacturer’s vehicle identification number of which has been removed, altered, defaced, falsified, or …

O.C.G.A. § 40-11-21 Assignment of new identification numbers prior to disposition of property

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Prior to the property’s being sold or returned to the owner or otherwise disposed of, the Department of Revenue shall assign it a new identification number. If the property is to be returned to the owner, the court shall order that such return is conditioned on the owner paying t…

O.C.G.A. § 40-12-1 Appointment of Secretary of State as agent for service of process on nonresidents; nonresident minor

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(a) The acceptance by any nonresident of this state, whether a person, firm, or corporation, of the rights and privileges conferred by the laws now or hereafter enforced in this state permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by …

O.C.G.A. § 40-12-2 How service on nonresident made

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Service of process upon a nonresident pursuant to Code Section 40-12-1 shall be made by serving a copy of the complaint or other pleading with summons attached thereto on the Secretary of State, his duly authorized agent, or his successor in office, along with a copy of the affid…

O.C.G.A. § 40-12-3 Venue of actions against nonresidents; nonresident joint defendant

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All actions brought under this chapter relating to the use of the highways of this state by nonresident motorists shall be brought in the county in which the accident or injury occurred or the cause of action originated, or in the county of the residence of the plaintiff, as the …

O.C.G.A. § 40-12-4 Records to be kept by Secretary of State

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The Secretary of State or his successor in office shall keep a record of all processes, which record shall show the day and hour of service upon him. When the return receipt for any such registered notice shall be returned to the Secretary of State, he shall deliver it to the pla…

O.C.G.A. § 40-12-5 Certificate of service to be sent to clerk of court; time for answering complaint

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The Secretary of State or his successor in office, within three days from the date of the service upon him of the summons or process provided for in this chapter, shall certify to the court in which the action is pending that the summons or process has been filed in his office as…

O.C.G.A. § 40-12-6 Continuances

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The court in which an action brought against a nonresident pursuant to this chapter is pending shall cause any such action to be continued as long as may be necessary to afford the defendant reasonable opportunity to defend the action. (Ga. L. 1937, p. 732, § 4.)

O.C.G.A. § 40-12-7 Designation of employees to perform functions of Secretary of State

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The Secretary of State is authorized and empowered to designate such of his employees as he deems necessary for the purposes of accepting service as provided in this chapter and performing all other duties and functions as provided in this chapter for the Secretary of State. Such…

O.C.G.A. § 40-12-8 Certificate of service to be sent to clerk of court; time for answering complaint

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Continuances. Designation of employees to perform functions of Secretary of State. Service upon personal representative. finding unconstitutional the 1957 amendment to the Nonresident Motorists’ Act (Ga. L. 1957, p. 649), authorizing suit against nonstate resident who when cause …

O.C.G.A. § 40-13-1 Form to be developed by commissioner of driver services; function; identifying number

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The commissioner of driver services shall develop a uniform traffic citation and complaint form for use by all law enforcement officers who are empowered to enforce the traffic laws and ordinances in effect in this state. Such form shall serve as the citation, summons, accusation…

O.C.G.A. § 40-13-2 System of accountability; procedures for use and issuance

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The Board of Public Safety, by rule and regulation, shall establish a system of accountability for all traffic citations and complaints, and it shall also provide the procedures governing the use and issuance of such citations and complaints. (Ga. L. 1972, p. 1148, § 3.)

O.C.G.A. § 40-13-2.1 Signature on citations required; effect of failure to sign; exemption for out-of-state drivers; electronic capture of signature

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(a) A person who is issued a citation as provided in this chapter or Code Section 17-6-11, relating to display of driver’s license in lieu of bail, shall sign the citation to acknowledge receipt of the citation and of his or her obligation to appear for trial. The officer shall a…

O.C.G.A. § 40-13-3 Traffic offenses triable on complaint without indictment except in superior courts; report of disposition

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Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in order to bring the accused t…

O.C.G.A. § 40-13-4 Fees of officers

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Nothing contained in this article shall be construed to prohibit or to deny to any officer or official of any court any fees prescribed for his duties and services in connection with the offenses provided for in this article. (Ga. L. 1972, p. 1148, § 4.)

O.C.G.A. § 40-13-20 ‘‘Municipal courts’’ defined

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As used in this article, the term ‘‘municipal courts’’ shall be construed to include municipal courts of the incorporated municipalities of this state. (Ga. L. 1937-38, Ex. Sess., p. 558, § 3; Ga. L. 1987, p. 3, § 40; Ga. L. 1994, p. 604, § 1.)

O.C.G.A. § 40-13-21 General powers and jurisdiction of probate and municipal courts; assistance of the district attorney or solicitor

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(a) The probate courts and municipal courts of the incorporated towns and cities of this state, acting by and through the judges or presiding officers thereof, shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence, in the manner required b…

O.C.G.A. § 40-13-22 Jurisdiction over offenses under Code Section 40-2-8

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(a) Notwithstanding any provision of the law to the contrary, any person, firm, or corporation charged with an offense under Code Section 40-2-8 may be tried in any municipal court of any municipality if the offense occurred within the corporate limits of such municipality. Such …

O.C.G.A. § 40-13-23 Waiver of jury trial; withdrawal of waiver

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(a) No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable c…

O.C.G.A. § 40-13-24 Indictment or accusation not required; docket

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An indictment or accusation shall not be required against a defendant under this article, but a citation and complaint specifically setting out the charge shall be issued. The court shall keep a docket on which shall be plainly kept the name and address of the defendant, the natu…

O.C.G.A. § 40-13-25 Costs

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The costs in any case disposed of under this article shall be as provided in Code Section 15-9-60. In case a defendant refuses to waive a trial by jury and is bound over to another court, the costs shall await the final disposition of the case. (Ga. L. 1937-38, Ex. Sess., p. 558,…

O.C.G.A. § 40-13-26 How sentences for traffic offenses served; disposition of fines and costs; definition of ‘‘urban interstate system’’

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(a) Defendants who plead guilty or who are convicted under this article shall be required to serve their sentences in such manner as is provided for by law in misdemeanor cases. In case a fine is imposed and paid, the officers of court, where on fee basis, shall first be paid the…

O.C.G.A. § 40-13-27 Records to be kept

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A written record is required to be kept of every case made or disposed of under this article. Such record shall be accessible at all times for public inspection and official audit and shall be kept and remain as a part of the permanent records of the court. (Ga. L. 1937-38, Ex. S…

O.C.G.A. § 40-13-28 Appeal to superior court; bond

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Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of Code Sections 5-3-29 and 5-3-30 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are entered from the probate co…

O.C.G.A. § 40-13-29 Jurisdiction exclusive

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In all counties except those having city, county, or state courts, the judge of the probate court shall have exclusive jurisdiction of all traffic misdemeanor cases originating in the county outside of municipal corporations, and the judge of the municipal court in each municipal…

O.C.G.A. § 40-13-30 Authority to make arrests

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Officers of the Georgia State Patrol and any other officer of this state or of any county or municipality thereof having authority to arrest for a criminal offense of the grade of misdemeanor shall have authority to prefer charges and bring offenders to trial under this article, …

O.C.G.A. § 40-13-31 Arresting fees

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The sheriffs of the several counties of this state are entitled to an arresting fee, as provided by law, in every case in which the sheriff or his lawful deputy arrests, assists in arresting, or takes custody of any person charged with a crime who has been apprehended by an offic…

O.C.G.A. § 40-13-32 Restrictions on ability of courts to change or modify traffic law sentences or judgments

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(a) No court having jurisdiction over cases arising out of the traffic laws of this state or the traffic laws of any county or municipal government shall change or modify a traffic law sentence or judgment rendered pursuant to a conviction, plea of guilty, or plea of nolo contend…

O.C.G.A. § 40-13-33 Limitation on habeas corpus challenge of misdemeanor traffic conviction

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(a) Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final. (b) Any …

O.C.G.A. § 40-13-50 Establishment

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In every court of this state having jurisdiction over the violation of traffic laws or traffic ordinances, the judge, or the judges where there is more than one judge, may provide by written order for the establishment of a traffic violations bureau for the handling or dispositio…

O.C.G.A. § 40-13-51 Appointment of clerk or deputy clerk; bond

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(a) The court may appoint a clerk or deputy clerk or deputy clerks, who shall be named in the order establishing the traffic violations bureau, for the purpose of receiving money as provided in this article. Any deputy clerk so appointed shall be under the direct supervision of a…

O.C.G.A. § 40-13-52 Traffic offense cards; contents

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The court may, in its order, provide that there shall be maintained in the office of the traffic violations bureau cards known as ‘‘traffic offense cards.’’ Upon each traffic offense card shall appear: the name and address of the person charged with a traffic offense; the date of…

O.C.G.A. § 40-13-53 Release of arrested person upon service of citation and complaint

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(a) Subject to the exceptions set out in subsection (b) of this Code section, any officer who arrests any person for the violation of a traffic law or traffic ordinance alleged to have been committed outside the corporate limits of any municipality shall permit such person to be …

O.C.G.A. § 40-13-54 Disposition of original and copies of citation and complaint

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The original citation and complaint shall be sent by the officer issuing it to the traffic violations bureau of the court within 24 hours of the arrest. The defendant named in the citation shall be given the second copy. The officer issuing the citation and complaint shall retain…

O.C.G.A. § 40-13-55 Cash bonds permitted

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Any person cited for any traffic offense under the jurisdiction of the traffic violations bureau of the court shall be permitted to give a cash bond for his appearance under the terms and conditions as set forth upon the citation and complaint given to him at the time he is cited…

O.C.G.A. § 40-13-56 Officer not to accept cash bond

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No officer giving a citation and complaint to a defendant for a traffic violation shall accept a cash bond himself. (Ga. L. 1966, p. 381, § 11.)

O.C.G.A. § 40-13-57 Taking of cash bond where officer doubts that arrested person will appear

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In the event an officer has authority to issue citation and complaint as set forth in Code Section 40-13-53 but declines to do so because of his belief that such person will not obey the citation and agreement to appear, such officer may bring such person to the traffic violation…

O.C.G.A. § 40-13-58 Failure to appear after giving cash bond as admission of guilt; forfeiture of bond; order to stand trial not precluded

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Where a defendant cited for a traffic violation posts a cash bond according to the schedule set up by court order and fails to appear in court at the term of court and on the day set in the original citation and complaint, then and in that event, such failure shall be construed a…

O.C.G.A. § 40-13-59 Records to be kept by traffic violations bureau; filing of citation and complaint; time for posting cash bond; when bond forfeited

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(a) The traffic violations bureau of the court shall record on the prescribed form, as set out in Code Section 40-13-52, the driving record of the defendant. If there is no previous record of the driver’s history, the citation appearing on the original citation and complaint shal…

O.C.G.A. § 40-13-60 Disposition of traffic violations; jurisdiction of bureau

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Any traffic violation under the jurisdiction of the traffic violations bureau shall be characterized and classified as a traffic violation and shall not be considered as a misdemeanor. Whenever any traffic violation is transferred from another court to a court which has a traffic…