40-2-1.
[
Index ]
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 such registration.
The cancellation of registration is without prejudice and application for a new
registration may be made at any time after such cancellation.
(2) 'Commissioner' means the commissioner of motor
vehicle safety.
(3) 'Department' means the Department
of Motor Vehicle Safety.
(4) 'Resident' means a
person who has a permanent home or abode in Georgia to which, whenever he or she
is absent, he or she has the intention of returning. For the purposes of this
chapter, there is a rebuttable presumption that any person who, except for
infrequent, brief absences, has been present in the state for 30 or more days is
a resident.
(5) 'Revocation of vehicle registration'
means the termination by formal action of the department of a vehicle
registration, which registration shall not be subject to renewal or restoration,
except that an application for a new registration may be presented and acted
upon by the department after the expiration of the applicable period of time
prescribed by law.
(6) 'Suspension of vehicle
registration' means the temporary withdrawal by formal action of the department
of a vehicle registration, which temporary withdrawal shall be for a period
specifically designated by the department.
40-2-2.
[
Index ]
Except as otherwise provided in this chapter, any
person who violates any provision of this chapter shall be guilty of a
misdemeanor.
40-2-3.
[
Index ]
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 administered to him, if such
statement shall purport to be under oath. On conviction of such offense, such
person shall be punished as provided by Code Section 40-10-71.
40-2-4.
[
Index ]
(a) It shall be
unlawful for any person, firm, or corporation to make, sell, or issue any
license plate or revalidation decal.
(b) Any person,
firm, or corporation violating subsection (a) of this Code section shall be
guilty of a misdemeanor.
40-2-5.
[
Index ]
(a) Except as otherwise provided in this chapter, it
shall be unlawful:
(1) To remove or transfer a
license plate from the motor vehicle for which such license plate was issued;
(2) To sell or otherwise transfer or dispose of a
license plate upon or for use on any motor vehicle other than the vehicle for
which such license plate was issued;
(3) To buy,
receive, use, or possess for use on a motor vehicle any license plate not issued
for use on such motor vehicle; or
(4) To operate a
motor vehicle bearing a license plate which was improperly removed or
transferred from another vehicle.
(b) Any person who
shall knowingly violate any provision of subsection (a) of this Code section
shall be guilty of a misdemeanor of a high and aggravated nature and, upon
conviction thereof, shall be punished by a fine of not less than $500.00 or by
confinement for not more than 12 months, or both.
(c)
It shall not be unlawful for any person to place an expired prestige license
plate on the front of a motor vehicle provided that such vehicle also bears a
current valid license plate on the rear of such vehicle.
40-2-6.
[
Index ]
Except as
otherwise provided in this chapter, any person who shall willfully mutilate,
obliterate, deface, alter, change, or conceal any numeral, letter, character,
county designation, or other marking of any license plate issued under the motor
vehicle registration laws of this state; who shall knowingly operate a vehicle
bearing a license plate on which any numeral, letter, character, county
designation, or other marking has been willfully mutilated, obliterated,
defaced, altered, changed, or concealed; or who shall knowingly operate a
vehicle bearing a license plate issued for another vehicle and not properly
transferred as provided by law shall be guilty of a misdemeanor.
40-2-7.
[
Index ]
A person who
removes a license plate from a vehicle or affixes to a vehicle a license plate
not authorized by law for use on it, in either case with intent to conceal or
misrepresent the identity of the vehicle or its owner, is guilty of a
misdemeanor. As used in this Code section, 'remove' includes deface or destroy.
40-2-8.
[
Index ]
(a) Any person
owning or operating any vehicle described in Code Section 40-2-20 on any public
highway or street without complying with that Code section shall be guilty of a
misdemeanor, provided that a person shall register his or her motor vehicle
within 30 days after becoming a resident of this state. Any person renting,
leasing, or loaning any vehicle described in Code Section 40-2-20 which is being
used on any public highway or street without complying with that Code section
shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine of $100.00 for each violation; and each day that such vehicle is
operated in violation of Code Section 40-2-20 shall be deemed to be a separate
and distinct offense.
(b)(1) Any vehicle operated in
the State of Georgia which is required to be registered and which does not have
attached to the rear thereof a numbered license plate and current revalidation
decal affixed to a corner or corners of the license plate as designated by the
commissioner, if required, shall be stored at the owner´s risk and expense
by any law enforcement officer of the State of Georgia, unless such operation is
otherwise permitted by this chapter.
(2)(A) It shall
be a misdemeanor to operate any vehicle required to be registered in the State
of Georgia without a valid numbered license plate properly validated, unless
such operation is otherwise permitted under this chapter; and provided, further,
that the purchaser of a new vehicle or a used vehicle may operate such vehicle
on the public highways and streets of this state without a current valid license
plate during the period within which the purchaser is required by Code Section
40-2-20 to register such vehicle; but the purchaser of any vehicle from a dealer
of new or used motor vehicles shall display a temporary plate issued as provided
by subparagraph (B) of this paragraph on the rear of such vehicle in the space
provided for a license plate when such vehicle is operated on the public
highways and streets of this state during such period prior to registration;
unless such purchaser has made application to transfer to such vehicle in
accordance with this chapter a valid license plate issued to him or her, in
which event the license plate to be transferred shall be displayed on the
vehicle during the period prior to registration; or unless such vehicle is to be
registered under the International Registration Plan.
(B)(i) Any dealer of new or used motor vehicles shall
issue to the purchaser of a vehicle at the time of sale thereof, unless at such
time the purchaser makes application to transfer to such vehicle in accordance
with this chapter a valid license plate issued to him or her or unless such
vehicle is to be registered under the International Registration Plan, a
temporary plate which may bear the dealer´s name and location and shall
bear, in characters not less than one-quarter of an inch wide and one and
one-half inches high, the expiration date of the period within which the
purchaser is required by Code Section 40-2-20 to register such vehicle. Such
temporary plates shall be made of heavy stock paper, inscribed with indelible
ink, and designed to resist deterioration or fading due to exposure to the
elements during the period for which display is required. The expiration date
may be handprinted on the plate at the time of issuance by use of an indelible
ink marker, with contrasting ink, provided that the month of expiration shall be
indicated by complete word or by three-letter abbreviation thereof. The
expiration date of such a temporary plate may be revised and extended by the
county tag agent only if an extension of the purchaser´s initial
registration period has been granted as provided by Code Section 40-2-20. Such
temporary plate shall not resemble a license plate issued by this state and
shall be issued without charge or fee therefor. Such temporary plate shall be
surrendered to the tag agent at the time the vehicle is registered, and the tag
agent shall destroy such temporary plate. The requirements of this subparagraph
do not apply to a dealer whose primary business is the sale of salvage motor
vehicles and other vehicles on which total loss claims have been paid by
insurers.
(ii) All temporary plates issued by dealers
to purchasers of vehicles on or after January 1, 2001, shall be of a standard
design prescribed by regulation promulgated by the Department of Motor Vehicle
Safety in accordance with the requirements of this subparagraph. Temporary
plates issued by dealers to purchasers prior to such date may be of any design
if such plates meet the requirements of this subparagraph.
(3) The purchaser and operator of a vehicle shall not
be subject to the penalties set forth in this Code section during the period
allowed for the registration. If the owner of such vehicle presents evidence
that such owner has properly applied for the registration of such vehicle, but
that the license plate or revalidation decal has not been delivered to such
owner, then the owner shall not be subject to the above penalties.
(c) It shall be unlawful and punishable as for a
misdemeanor to operate any vehicle required to be registered in the State of
Georgia without a valid county decal designating the county where the vehicle
was last registered, unless such operation is otherwise permitted under this
chapter. Any person convicted of such offense shall be punished by a fine of
$25.00 for a first offense and $100.00 for a second or subsequent such offense.
However, a county name decal shall not be required if there is no space provided
for a county name decal on the current license plate.
40-2-8.1.
[
Index ]
Notwithstanding Code Section 40-2-8 or any other
provision of law, a person who operates a vehicle which is required to be
registered in this state and which has attached to the rear thereof a valid
numbered license plate without having the required revalidation decal affixed
upon that plate, which person is otherwise guilty of a misdemeanor for not
having such decal affixed to the plate, shall be subject for that offense only
to a fine not to exceed $25.00 if that person shows to the court having
jurisdiction of the offense that the proper revalidation decal had been obtained
prior to the time of the offense.
40-2-9.
[
Index ]
Any metal five-year special, distinctive, or prestige
license plate, except those provided for in Code Section 40-2-61, Code Section
40-2-62, and Code Section 40-2-82 or as otherwise expressly provided in this
chapter, shall contain a space for a county name decal; and the provisions of
this chapter relative to county name decals shall be applicable to all such
license plates.
40-2-10.
[
Index ]
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
agricultural or other purposes, or if the owner is on active duty in the armed
forces of the United States and is transferred to a duty station away from the
location of the vehicle or is on active sea duty. A registration that has been
voluntarily cancelled may be reinstated upon payment of all accrued ad valorem
taxes and license fees, if any.
40-2-20.
[
Index ]
(a)(1)(A) Except as provided in subsection (b) of
this Code section, every owner of a motor vehicle, including a tractor or
motorcycle, and every owner of a trailer shall, during the owner´s
registration period in each year, register such vehicle as provided in this
chapter and obtain a license to operate it for the 12 month period until such
person´s next registration period.
(B)(i) The
purchaser or other transferee owner of every new or used motor vehicle,
including tractors and motorcycles, or trailer shall, within the initial
registration period of such vehicle, register such vehicle as provided in this
chapter and obtain or transfer as provided in this chapter a license to operate
it for the period remaining until such person´s next registration period
which immediately follows such initial registration period, without regard to
whether such next registration period occurs in the same calendar year as the
initial registration period or how soon such next registration period follows
the initial registration period; provided, however, that this registration and
licensing requirement does not apply to a dealer which acquires a new or used
motor vehicle and holds it for resale. The commissioner may provide by rule or
regulation for one 30 day extension of such initial registration period which
may be granted by the county tag agent to a purchaser or other transferee owner
if the transferor has not provided such purchaser or other transferee owner with
a title to the motor vehicle more than five business days prior to the
expiration of such initial registration period.
(ii)
No person, company, or corporation, including, but not limited to, used motor
vehicle dealers and auto auctions, shall sell or transfer a motor vehicle
without providing to the purchaser or transferee of such motor vehicle the last
certificate of registration on such vehicle at the time of such sale or
transfer; provided, however, that in the case of a salvage motor vehicle or a
motor vehicle which is stolen but subsequently recovered by the insurance
company after payment of a total loss claim, the salvage dealer or insurer,
respectively, shall not be required to provide the certificate of registration
for such vehicle; and provided, further, that in the case of a repossessed motor
vehicle or a court ordered sale or other involuntary transfer, the lienholder or
the transferor shall not be required to provide the certificate of registration
for such vehicle but shall, prior to the sale of such vehicle, surrender the
license plate of such vehicle to the commissioner or the county tag agent by
personal delivery or by certified mail or statutory overnight delivery for
cancellation.
(2) An application for the registration
of a motor vehicle may not be submitted separately from the application for a
certificate of title for such motor vehicle, unless a certificate of title has
been issued in the owner´s name, has been applied for in the owner´s
name, or the motor vehicle is not required to be titled. An application for a
certificate of title for a motor vehicle may be submitted separately from the
application for the registration of such motor vehicle.
(b) Subsection (a) of this Code section shall not
apply:
(1) To any motor vehicle or trailer owned by
the state or any municipality or other political subdivision of this state and
used exclusively for governmental functions except to the extent provided by
Code Section 40-2-37;
(2) To any tractor or
three-wheeled motorcycle used only for agricultural purposes;
(2.1) To any vehicle or equipment used for
transporting cargo or containers between and within wharves, storage areas, or
terminals within the facilities of any port under the jurisdiction of the
Georgia Ports Authority when such vehicle or equipment is being operated upon
any public road not part of The Dwight D. Eisenhower System of Interstate and
Defense Highways by the owner thereof or his or her agent within a radius of ten
miles of the port facility of origin and accompanied by an escort vehicle
equipped with one or more operating amber flashing lights that are visible from
a distance of 500 feet;
(3) To any trailer which has
no springs and which is being employed in hauling unprocessed farm products to
their first market destination;
(4) To any trailer
which has no springs, which is pulled from a tongue, and which is used primarily
to transport fertilizer to a farm;
(5) To any
motorized cart; or
(6) To any moped.
(c) Any person who fails to register a new or used
motor vehicle as required in subsection (a) of this Code section shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished by a fine not
exceeding $100.00.
40-2-20.1.
Repealed.
40-2-21.
[
Index ]
(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' has the meaning provided by paragraph
(39) of Code Section 40-1-1 except that such term shall mean a lessee of a
vehicle when the vehicle is operated under a lease agreement.
(1) 'Registration period' means:
(A) In all counties except those for which a local
Act has been enacted pursuant to this Code section:
(i) For natural persons, the 30 day period ending at
midnight on the birthday of the owner whose surname appears first on the
certificate of title or other record of ownership;
or
(ii) For entities other than natural persons:
(I) The month of January for the owner whose name
begins with the letter A or B;
(II) The month of
February for the owner whose name begins with the letter C or D;
(III) The month of March for the owner whose name
begins with the letter E or F;
(IV) The month of
April for the owner whose name begins with the letter G or H;
(V) The month of May for the owner whose name begins
with the letter I or J;
(VI) The month of June for
the owner whose name begins with the letter K or L;
(VII) The month of July for the owner whose name
begins with the letter M or N;
(VIII) The month of
August for the owner whose name begins with the letter O or P;
(IX) The month of September for the owner whose name
begins with the letter Q or R;
(X) The month of
October for the owner whose name begins with the letter S or T;
(XI) The month of November for the owner whose name
begins with the letter U, V, or W; and
(XII) The month
of December for the owner whose name begins with the letter X, Y, or Z;
or
(iii) The provisions of divisions (i) and (ii) of
this subparagraph notwithstanding, December 1 through February 15 for vehicles
in excess of 26,000 pounds which are not being registered under the
International Registration Plan and are owned by natural persons or entities
other than natural persons; or
(B) In those counties
which are authorized by a local Act enacted pursuant to this Code section to
have a four-month staggered registration period:
(i)
For natural persons:
(I) The month of January for the
owner whose surname appears first on the certificate of title or other record of
ownership and whose birthday is in the month of January, February, or March;
(II) The month of February for the owner whose
surname appears first on the certificate of title or other record of ownership
and whose birthday is in the month of April, May, or June;
(III) The month of March for the owner whose surname
appears first on the certificate of title or other record of ownership and whose
birthday is in the month of July, August, or September;
and
(IV) The month of April for the owner whose
surname appears first on the certificate of title or other record of ownership
and whose birthday is in the month of October, November, or December;
or
(ii) For entities other than natural persons:
(I) The month of January for the owner whose name
begins with the letter A, B, C, or D;
(II) The month
of February for the owner whose name begins with the letter E, F, G, H, I, J, or
K;
(III) The month of March for the owner whose name
begins with the letter L, M, N, O, P, Q, or R; and
(IV)
The month of April for the owner whose name begins with the letter S, T, U, V,
W, X, Y, or Z; or
(iii) The provisions of divisions
(i) and (ii) of this subparagraph notwithstanding, December 1 through February
15 for vehicles in excess of 26,000 pounds which are not being registered under
the International Registration Plan and are owned by natural persons or entities
other than natural persons; or
(C)(i) In those
counties which are authorized by a local Act enacted pursuant to this Code
section not to have staggered registration periods, January 1 through April 30.
(ii) The provisions of division (i) of this
subparagraph notwithstanding, December 1 through February 15 for vehicles in
excess of 26,000 pounds which are not being registered under the International
Registration Plan and are owned by natural persons or entities other than
natural persons.
For purposes of determining the
registration period of an owner which is an entity other than a natural person
in subparagraphs (A) and (B) of this paragraph, the owner shall be deemed to be
the owner whose name appears first on the certificate of title or other record
of ownership. Any other provision of this paragraph notwithstanding,
registration of vehicles under the International Registration Plan shall be as
provided by Code Section 40-2-88, and registration of vehicles under the fleet
registration plan shall be as provided by Article 2A of this chapter.
(2) 'Vehicle' means every motor vehicle, including a
tractor or motorcycle, and every trailer required to be registered and licensed
under Code Section 40-2-20.
(b) The owner of every
vehicle registered in the previous calendar year shall register and obtain a
license to operate such vehicle not later than the last day of the owner´s
registration period.
(c) The owner of any vehicle
registered in the previous calendar year who moves his or her residence from a
county which does not have staggered registration to a county which has a
four-month or 12 month staggered registration period or who moves his or her
residence from a county which has a 12 month staggered registration period to a
county which has a four-month staggered registration period or to a county which
does not have staggered registration shall register and obtain a license to
operate such vehicle prior to the last day of such new registration period or,
if such registration period has passed for that year at the time of the change
of residence, not later than 30 days following the date of the change of
residence.
(d) The transferee owner of a new or used
vehicle shall register and obtain or transfer a license to operate such vehicle
as provided in subsection (a) of Code Section 40-2-20.
(e) Any local law enacted pursuant to this Code
section shall specify either a staggered registration period of four months or a
nonstaggered registration period of four months. If such local law is
conditioned upon approval in a referendum, the results of such referendum shall
be verified to the commissioner.
(f) On and after
January 1, 2000, no local Act shall be enacted pursuant to this Code section
authorizing a staggered system of motor vehicle registration. This subsection
shall not apply to any county in which such a local Act has been enacted prior
to January 1, 2000.
40-2-22.
[
Index ]
License plates and revalidation decals shall be issued
only upon applications made to the local tag agent. License plates and
revalidation decals may be issued by the local tag agent upon a proper
application and in accordance with the terms of this chapter or by the
commissioner on an appropriate application forwarded to him by the local tag
agent where the type of license plate applied for is not maintained in local
inventory or where the license plate applied for is one of those special license
plates provided by law. The commissioner shall not be authorized to receive any
applications for license plates or revalidation decals except those received
through the local tag agents as provided for in this chapter.
40-2-23.
[
Index ]
(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 for the registration of vehicles. The
commissioner is authorized to promulgate rules and regulations for the purpose
of delegating to such tag agents the custodial responsibility for properly
receiving, processing, issuing, and storing motor vehicle titles or
registrations, or both.
(b) The state revenue
commissioner is authorized to further designate each such tag agent as a sales
tax agent for the purpose of collecting sales and use tax with respect to the
casual sale or casual use of a motor vehicle. For purposes of this Code section,
'casual sale' or 'casual use' means the sale of a motor vehicle by a person who
is not regularly or systematically engaged in making retail sales of motor
vehicles and the first use, consumption, distribution, or storage for use or
consumption of such motor vehicle purchased through a casual sale. As personal
compensation for services rendered to the Department of Revenue with respect to
the collection of such sales and use tax, each such designated tag agent shall
be authorized to retain from such collection a fee of $200.00 per month. In any
month in which an insufficient amount of such tax is collected to pay such fee,
the amount of any such unpaid fee may be deferred until such month as sufficient
collections are made. Such compensation shall be in addition to any other
compensation to which such tax collector or tax commissioner is entitled.
(c) The duties and responsibilities of agents of the
commissioner designated under this Code section shall be a part of the official
duties and responsibilities of the county tax collectors and tax commissioners.
40-2-24.
[
Index ]
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 business in the State of Georgia, as surety, and the
premiums shall be paid by the Department of Motor Vehicle Safety. The bond shall
run to the Governor and his or her successors in office and shall be approved as
to conditions, form, and sufficiency by the commissioner.
40-2-25.
[
Index ]
(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 any private
person processing applications for the registration of vehicles pursuant to
subsection (a) of this Code section to give an annual fidelity bond in the
amount of $50,000.00 with good and sufficient surety or sureties licensed to do
business in this state payable to, in favor of, and for the protection of either
the payee, taxpayer, or the tax commissioner of the county in which such person
processes such applications. Such bond shall be posted prior to the beginning of
business operations each year and satisfactory proof of such bond shall be filed
in the office of the tax commissioner requiring such bond prior to the beginning
of business operations each year.
(2) Any person who
violates any provision of paragraph (1) of this subsection shall be guilty of a
misdemeanor.
40-2-25.1.
Repealed.
40-2-26.
[
Index ]
(a) All applicants to register a vehicle shall apply
to the tag agent of the county wherein such vehicle is required to be returned
for ad valorem taxation.
(b) Application shall be
made by the owner of the vehicle upon blanks prepared by the commissioner for
such purposes. The application shall contain a statement of the name, place of
residence, and address of the applicant; a brief description of the vehicle to
be registered, including its name and model, the name of the manufacturer, the
manufacturer?s vehicle identification number, and its shipping weight and
carrying capacity; from whom, where, and when the vehicle was purchased; the
total amount of all liens, if any, thereon, with the name and address of the
lienholder; and such other information as the commissioner may require.
(c)(1) As used in this subsection, the term 'heavy
vehicle tax' means that tax imposed by Subchapter D of Chapter 36 of the
Internal Revenue Code.
(2) On or after September 30,
1984, no vehicle registration or renewal thereof shall be issued to any motor
vehicle subject to the heavy vehicle tax unless the owner of the motor vehicle
provides satisfactory proof that the heavy vehicle tax has been paid for the
federal tax year during which the application for registration or renewal
thereof is made or that a heavy motor vehicle tax return has been filed with the
United States Internal Revenue Service for the federal tax year during which the
application for registration or renewal thereof is made.
(3) The commissioner is authorized to promulgate
rules and regulations consistent with paragraph (2) of this subsection which are
necessary to ensure that the state complies with the requirements of the Surface
Transportation Assistance Act of 1982, Section 143, 23 U.S.C. Section 141d.
(4) The requirements of this subsection are in
addition to any requirements of this Code relative to the registration of motor
vehicles.
(d)(1) As used in this subsection, for the
purpose of issuing or renewing motor vehicle registration, the term
'satisfactory proof' means:
(A) Any type of proof
that is satisfactory or sufficient proof of the owner?s insurance coverage under
subsection (a) of Code Section 40-6-10;
(B)
Information obtained from the records or data base of the department regarding
the owner?s insurance coverage which information is derived from notice provided
to the department pursuant to Code Section 40-5-71;
or
(C) Such other type of proof of the owner?s
insurance coverage as may be approved for purposes of this Code section by rule
or regulation of the department.
(2) No vehicle
registration or renewal thereof shall be issued to any motor vehicle unless the
tag agent receives satisfactory proof that the motor vehicle is subject to a
policy of insurance that provides the minimum motor vehicle insurance coverage
required by Chapter 34 of Title 33 or an approved self-insurance plan and, in
the case of a private passenger vehicle, that such coverage was initially issued
for a minimum term of six months; provided, however, that the owner?s inability
to register or renew the registration of any motor vehicle due to lack of proof
of insurance shall not excuse or defer the timely payment of ad valorem taxes
due and payable upon said vehicle.
40-2-27.
[
Index ]
(a) No application shall be accepted and no
certificate of registration shall be issued to any motor vehicle which was not
manufactured to comply with applicable federal emission standards issued
pursuant to 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean
Air Act, as amended, and applicable federal motor vehicle safety standards
issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the
United States Customs Service or the United States Department of Transportation
has certified that the motor vehicle complies with such applicable federal
standards and unless all documents required by the commissioner for processing
an application for a certificate of registration or title are printed and filled
out in the English language or are accompanied by an English translation.
(b) The provisions of subsection (a) of this Code
section shall only apply to applications for certificates of registration for
such motor vehicles first registered in Georgia after July 1, 1985.
Certification of compliance shall only be required at the time of application
for the issuance of the initial Georgia certificate of registration.
(c) Applications for registration of such motor
vehicles shall be accompanied by a Georgia certificate of title, proof that an
application for a Georgia certificate of title has been properly submitted, or
such other information and documentation of ownership as the commissioner shall
deem proper.
40-2-28.
[
Index ]
(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 in his
name. Proof of purchase at a judicial sale or previous registration in this
state by the applicant may be accepted as evidence of ownership by the
commissioner.
(b) Applications for registration of
vehicles brought into this state and previously registered in other states shall
be accompanied by an affidavit from the motor vehicle registering official of
that state, or other satisfactory evidence indicating that the applicant is the
lawful owner of the vehicle, including the date, name, and address of the person
from whom it was purchased.
40-2-29.
[
Index ]
An application for registration shall be accompanied
by check; cash; certified or cashier´s check; bank, postal, or express
money order; or other similar bankable paper, for the amount of the license fee
required by law. A money order receipt or other evidence of the purchase and
remittance of such bankable paper for the proper amount, dated prior to any
delinquency by the proper authority of the issuer, and showing the office of the
commissioner or the office of the county tag agent as the payee and the owner of
the vehicle sought to be licensed and registered as the remitter shall serve as
a temporary permit to operate such vehicle for a period of 15 days from the date
of such remittance.
40-2-29.21.
Repealed.
40-2-30.
[
Index ]
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 residence along with a money order in the
amount of the license fee and all ad valorem taxes due thereon plus an
additional fee of $1.00. The governing authority of the county may by resolution
authorize the tag agent of the county to receive application and payment for the
purchase of a license plate or revalidation decal by mail without charging the
additional $1.00 fee.
40-2-31.
[
Index ]
(a) If the applicant meets the requirements set forth
in this chapter, the commissioner shall issue to the applicant a license plate
bearing a distinctive number.
(b) Such license plates
shall be of metal at least six inches wide and not less than 12 inches in length
and shall show in bold characters the year of registration, the serial number,
and either the full name or the abbreviation of the name of the state, shall
designate the county from which the license plate was issued, and shall show
such other distinctive markings as in the judgment of the commissioner may be
deemed advisable, so as to indicate the class of weight of the vehicle for which
the license plate was issued; and any license plate for a low-speed vehicle
shall designate the vehicle as such. Such plates may also bear such figures,
characters, letters, or combinations thereof as in the judgment of the
commissioner will to the best advantage advertise, popularize, and otherwise
promote Georgia as the 'Peach State.' The metal shall be of such strength and
quality that the plate shall provide a minimum service period of five years.
Every five years a new metal license plate shall be provided by the commissioner
for issuance. Metal license plates issued on or after January 1, 1997, shall be
used for a period of five years.
(b.1) Any valid
license plate or revalidation decal assigned to a vehicle under former
provisions of this Code section prior to May 1, 1997, shall be deemed issued to
the current registrant of such vehicle on May 1, 1997.
(c) The face of the license plate to be displayed
shall be treated completely with a retroreflective material which will increase
the nighttime visibility and legibility of the plate. The Office of Highway
Safety shall prepare the specifications which such retroreflective material
shall meet.
(d) In those years in which a metal plate
is not issued, a revalidation decal with a distinctive serial number shall be
issued and affixed in the space provided on the license plate issued to the
applicant which shall indicate the year and month through which the registration
of the vehicle shall be valid; provided, however, that if the commissioner
determines that it is necessary, two revalidation decals shall be issued for
each license plate to reflect the required information. When an applicant is
issued a revalidation decal and such applicant registered the vehicle in another
county the previous year, the applicant shall also be issued a new county decal
which shall be properly affixed to the license plate and shall replace the other
county decal.
(e) The commissioner shall furnish
without cost to each tag agent reflective adhesive decals in sufficient number,
upon which there shall be printed the name of the agent´s county. Such a
decal shall be issued with each metal license plate and shall be affixed in the
space provided on the license plate without obscuring any number or other
information required to be present on the plate.
(f)
A county tag agent shall issue a county name decal for the agent´s county
only if:
(1) The applicant is a resident of or a
business located in the county named on the decal;
(2)
The applicant is registering a new vehicle in such county, is renewing a current
vehicle registration, or is transferring registration of a vehicle to the county
named on the decal; and
(3) The application for
registration of the vehicle is being made in the county named on the decal.
40-2-32.
[
Index ]
(a) The
commissioner shall design a special license plate to be issued commemorating a
college or university, which license plate shall be similar in design to the
license plate issued to all other residents of the state except that the logo or
emblem of the college or university shall be placed immediately to the left of
the letters and numbers on the license plate. The name of the college or
university shall be imprinted on such special license plate in lieu of the
county name decal.
(b) Any resident motor vehicle
owner desiring a special license plate commemorating a college or university
shall submit to the commissioner a completed application form for such
institution with a $25.00 manufacturing fee in addition to the regular motor
vehicle registration fee. Upon complying with the motor vehicle registration and
licensing laws and the requirements of this subsection and subject to the
restriction in subsection (c) of this Code section, a resident motor vehicle
owner shall be issued a special license plate.
(c)
The commissioner shall retain all applications received for each such college or
university until a minimum of 500 applications have been received. After receipt
of 500 applications for a commemorative license plate for a particular college
or university, the commissioner will then design a license plate for such
college or university. If the commissioner does not receive the required minimum
of 500 applications no later than July 31 of the year preceding the year of
issuance of such plates, the commissioner shall not accept any applications for
such institution and all fees shall be refunded to applicants.
(d) Special license plates issued under this Code
section shall be renewed annually with a revalidation decal, as provided in Code
Section 40-2-31, upon payment of an additional $25.00 annual registration fee
which fee shall be collected by the county tag agent at the time of collection
of other registration fees and shall be remitted to the state as provided in
Code Section 40-2-34. Special license plates issued under this Code section
shall be transferred between vehicles as provided in Code Section 40-2-42.
40-2-32.1.
[
Index ]
(a) In the
event the General Assembly enacts any law approving the sale of commemorative
license plates recognizing Georgia organizations or institutions, including
educational institutions, civic associations, and social organizations, the
commissioner shall approve the form of any such license plates and shall be
authorized to enter into any agreements with private parties for the purpose of
promoting the sale of any such license plates.
(b)
Beginning in calendar year 1998, any Georgia resident who is the owner of a
motor vehicle, except a vehicle registered under the International Registration
Plan, upon complying with the motor vehicle laws relating to registration and
licensing of motor vehicles and upon the payment of a manufacturing fee of
$25.00 in addition to the regular motor vehicle registration fee shall be issued
a commemorative license plate pursuant to the enactment of a law by the General
Assembly and approval by the commissioner in accordance with subsection (a) of
this Code section. Revalidation decals, upon payment of fees required by law and
collected by the county tag agent and remitted to the state as provided in Code
Section 40-2-34, shall be issued for any such commemorative license plates in
the same manner as provided for general issue license plates.
(c) Any such agreements for the purpose of promoting
the sale of commemorative license plates may authorize the manufacturing fee to
be apportioned, as determined by the commissioner, between the organization
commemorated by the license plates, the vendor administering the sale and
promotion of the license plates, and the State of Georgia.
40-2-33.
[
Index ]
(a)(1) Upon
compliance with the provisions of this chapter and the payment of the license
fee required by law, the tag agent shall accept the application for registration
and, except as otherwise provided for in this chapter, if the license plate or
revalidation decal applied for is in such tag agent´s inventory, he shall
issue the appropriate plate or revalidation decal.
(2)
The commissioner may provide for the issuance of a temporary license plate for
any low-speed vehicle, to be displayed until such time as a license plate of the
design required by Code Section 40-2-31 has been issued to the registrant as a
replacement for such temporary license plate; provided, however, that any such
temporary license plate shall designate the low-speed vehicle as such; and
provided, further, that the commissioner shall make available for issuance
low-speed vehicle license plates of the design required by Code Section 40-2-31
not later than September 1, 2002.
(3) If the license
plate applied for is not in inventory, the application shall be approved and
forwarded to the commissioner, who, upon receipt of a proper and approved
application, shall issue the license plate applied for by mailing or delivering
the plate to the applicant. Until the license plate is received by the applicant
from the commissioner, the applicant may operate the vehicle without a license
plate therefor upon the receipt issued to him by the tag agent.
(b) The amount of commission permitted as
compensation to tag agents under this Code section shall be $1.00 per license
plate or revalidation decal issued during any calendar year. Twenty-five cents
for each license plate or revalidation decal sold in excess of 4,000 during any
one calendar year shall become the property of the county and shall be turned
over to the fiscal authorities of the county by the tag agent. The remaining
portion of such commissions shall be disposed of as provided in Code Section
40-2-34.
(c)(1) Any other provisions of any law of
this state, whether general, special, or local, to the contrary notwithstanding,
and except as provided in subsection (b) of this Code section and paragraph (2)
of this subsection, the fees prescribed in subsection (b) of this Code section
shall be retained by the tag agent appointed by the commissioner under this
chapter and shall be his or her own personal compensation for the services
rendered in the administration of this chapter, regardless of whether such agent
may otherwise be an elected or appointed official of the county, and regardless
of whether as such county officer he or she is compensated for the performance
of the duties of such office on a fee basis or salary basis, or combination
thereof. It shall be his or her duty, however, as agent for the commissioner in
the administration of the purposes of this chapter, to compensate any additional
personnel which may be necessary to enable said agent to effectuate the
provisions of this chapter and the rules and regulations promulgated under this
chapter by the commissioner.
(2) If such tag agent
shall be a salaried employee of the county and at a salary in excess of
$7,999.00 per annum, the amount of such fees so collected shall go into the
general treasury of the county. In such cases, it shall be the duty of the
governing authorities of the county to furnish to the tag agent such additional
clerical help as is necessary to carry out the provisions of this chapter.
40-2-34.
[
Index ]
(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 sums of money to which the state is
entitled. All tag reports of license applications handled and related sums of
money to which the state is entitled must be submitted to the commissioner
within seven calendar days from the close of the business week during which the
aforementioned license applications were handled and related sums of money
received. The term 'business week' shall mean Monday through Friday (or Saturday
if applicable).
(b) Funds received as a result of the
handling of license applications shall be considered trust funds in the hands of
such tag agents until such time as paid over to the commissioner.
(c) Failure to submit the reports or remit the funds
within the period required by this Code section shall result in the penalties
imposed by Code Section 48-2-44.
(d) Before the
expiration of the time period within which a tag report is required to be filed
with the commissioner or related funds remitted to the commissioner, application
may be made to the commissioner for an extension. The commissioner shall be
authorized, upon a showing of justifiable cause, to grant up to a 30 day
extension from the deadline provided for the performance of the above duties.
Only one such extension may be granted with regard to any reports or funds due
the commissioner for a specific business week.
(e)
Proof of mailing within the appropriate time periods provided for in this Code
section, as evidenced by a United States Postal Service postmark, shall be
prima-facie proof that the county tag agent has complied in a timely manner with
the duties enumerated by this Code section.
40-2-35.
[
Index ]
The
commissioner shall have in his possession on or before December 1 of each year,
for distribution, the license plates and revalidation decals provided for in
this chapter.
40-2-36.
[
Index ]
(a) The commissioner shall furnish to each tag agent
such number of motor vehicle license plates, revalidation decals, and decals as
he may deem necessary for issuance by such agent, together with such forms and
other supplies as are necessary to enable such agent to perform the duties
required of him by this chapter.
(b) The county tag
agent shall, immediately upon receipt of the motor vehicle license plates from
the commissioner, take a full and complete inventory of the arriving shipment of
license plates for motor vehicles over 26,000 pounds. The affidavit of lost or
missing plates which the county tag agents are required to file with the
commissioner shall be filed within ten days of the county tag agents´
receipt of the license plates for motor vehicles over 26,000 pounds in weight.
Failure to submit the required affidavit within ten days shall result in a
denial of credit for any lost or missing license plates and the receiving county
shall be responsible for full payment of said license plates.
(c) The county is responsible for providing a secure
storage area for all license plates and revalidation decals.
(d) Notwithstanding any other provision of law,
should a county desire to maintain an inventory of license plates for vehicles
weighing in excess of 26,000 pounds and sell said license plates for vehicles
weighing in excess of 26,000 pounds, the county shall first request permission
in writing from the commissioner. Permission shall be granted at the discretion
of the commissioner and, once granted, the permission may be revoked should the
county fail to file tag and title reports with the commissioner in a timely and
proper manner and fail to remit to the commissioner in a timely manner sums of
money collected.
(e) The commissioner shall prescribe
such reasonable rules and regulations as in his discretion may be necessary to
effectuate the purposes of this Code section.
40-2-36.1.
Repealed.
40-2-37.
[
Index ]
(a) All
vehicles of the type required to be registered by Code Section 40-2-20 owned by
the State of Georgia or any municipality or other political subdivision of this
state and used exclusively for governmental functions, except those employed in
secret investigatory police functions to which regular Georgia license plates
are issued, shall be registered with the commissioner by the fiscal officers or
other proper officials of the respective departments and agencies of the state,
municipality, or political subdivision to which such vehicles belong prior to
operation and use thereof. Such registration shall be made upon forms prescribed
and prepared by the commissioner for such purpose and shall contain a brief
description of the vehicle to be registered; its name and model; the name of the
manufacturer; the manufacturer´s vehicle identification number; the
department, agency, political subdivision, or branch thereof to which such
vehicle is to be registered; and such other information as to use and identity
as the commissioner may require. Upon the filing of the properly executed
application for registration, the commissioner, upon being satisfied that such
vehicle is bona fide owned by the state or a municipality or political
subdivision thereof and is to be used exclusively for governmental functions,
shall issue, upon payment by such applicant of a license fee of $1.00, a license
plate which shall be displayed upon such vehicle in the same manner as provided
for private vehicles. Such license plates shall be replaced at such time as
other license plates issued for private vehicles are required to be replaced.
(b) For all vehicles owned by the State of Georgia or
any municipality or other political subdivision of this state, except those
vehicles employed in covert or secret investigatory police functions to which
regular Georgia license plates are issued and those vehicles owned by the
Department of Public Safety, the commissioner shall provide for five-year
registration and issuance of regular license plates for such vehicles. The
five-year license plates issued pursuant to this subsection shall be identical
in appearance to regular license plates issued for private vehicles, except that
such five-year license plates shall not display any year of registration or
registration expiration. Such license plates may be transferred as provided for
in subsection (d) of this Code section. Such five-year license plates shall be
issued at the beginning of a five-year license period as for private vehicles or
shall be issued at the time the vehicle is purchased by the state, and all such
license plates shall expire at the same time as regular license plates.
(c) All license plates issued to government vehicles
pursuant to this Code section shall be marked in such a manner as to indicate
the specific type of governmental unit operating the vehicle. These markings
shall be prominently displayed and shall consist of one of the following
appropriate legends: 'STATE,' 'CITY,' 'COUNTY,' 'AUTHORITY,' or 'BOARD.' In
addition, each such license plate shall bear a county identification strip
indicating the county in which the vehicle is based except that vehicles owned
by the state shall not be required to bear such county identification strip.
(d) Any such license plates shall remain displayed
and affixed upon such vehicle so long as such vehicle continues to be owned by
the state or such municipality or political subdivision and used exclusively for
governmental functions. Upon cessation of either such ownership or use, the
license plate shall be removed from such vehicle and either destroyed by such
agency or returned to the commissioner for destruction. If a license plate has
been destroyed by the agency, certification of such destruction shall be
provided by the agency to the commissioner upon a form prepared and furnished
for such purpose by the commissioner. In the event of a transfer of a vehicle to
a department or agency, or branch thereof, other than the specific one to which
such vehicle is registered, the commissioner shall be notified in writing by the
department or agency from which the same is being transferred upon a form
prepared and furnished for such purpose by the commissioner. Such transfer shall
be recorded on the registration lists maintained by the commissioner. On due
proof of loss of any such license plate, or of mutilation due to accidental or
natural causes, another license plate may be issued upon application of the
fiscal officer or other proper official of the department, agency, or political
subdivision to which any such lost plate is registered.
(e) No person, firm, or corporation owning or
operating any such vehicle shall display upon the motor vehicle any license
plate provided for in this Code section unless at the time of such ownership or
operation such vehicle is properly registered under this Code section and is
owned by the state or a municipality or political subdivision of this state and
is being used exclusively for governmental purposes. Any person who violates
this subsection shall be guilty of a misdemeanor.
(f)
This Code section shall apply to all vehicle license plates issued for
governmental vehicles on and after January 1, 1996.
40-2-38.
[
Index ]
(a)
Manufacturers, distributors, and dealers engaged in the manufacture, sale, or
leasing of vehicles required to be registered under Code Section 40-2-20 shall
register with the commissioner, making application for a distinguishing
dealer´s number, specifying the name and make of motor vehicle, tractor, or
trailer manufactured, sold, or leased by them, upon forms prepared by the
commissioner for such purposes, and pay therefor a fee of $62.00, which shall
accompany such application. Upon payment of such fee by a dealer, the
commissioner shall furnish to the dealer one number plate to expire December 31
of odd-numbered years, to be known as a dealer´s number, and to be
distinguished from the number plates provided for in this chapter by a different
and distinguishing color to be determined by the commissioner, with the word
'Dealer' on same; a dealer´s number plate to be for the purpose of
demonstrating or transporting dealer´s vehicles or trailers for sale or
lease. No dealer may use or permit to be used a dealer´s number for private
use or on cars for hire, for lease, or other manner not provided for in this
Code section. A dealer may use or permit to be used a dealer´s number for
private use on vehicles owned by the dealership, regardless of whether such
vehicle has been issued a certificate of title or registered, when such vehicles
are operated by an employee or corporate officer of the dealer which has been
issued such number. A distinguishing dealer´s number used by an employee or
officer shall authorize such person to operate the vehicle to which the number
is attached on the public highways and streets. A dealer may apply for one or
more distinguishing dealer´s numbers. The manufacturer´s or
distributor´s license plate is limited to no longer than six months´
use per vehicle. Upon payment of such a fee by a manufacturer or distributor,
the commissioner shall issue to manufacturers and distributors number plates
with the word 'Manufacturer' or 'Distributor' on such plates. Nothing in this
subsection shall preclude a manufacturer or distributor from using a
'Manufacturer' or 'Distributor' number plate on motor vehicles they own when
such vehicles are used for evaluation or demonstration purposes, notwithstanding
incidental personal use by a manufacturer or distributor. In the event the
dealers, distributors, or manufacturers desire more than one tag, they shall so
state on the application, and, in addition to the fee of $62.00 provided in this
Code section, shall pay $12.00 for each and every additional number plate
furnished. Persons engaged in the business of transporting vehicles for others
under such vehicle´s own power shall likewise be entitled to obtain license
plates under this Code section, but such plates shall be used only on vehicles
being transported.
(b) Persons engaged in the
business of transporting mobile homes and house trailers for others shall
likewise be entitled to obtain license plates under this Code section. The
commissioner is authorized to promulgate rules and regulations covering the
issuance of plates to such persons; provided, however, this Code section shall
not apply in any manner to farm tractors.
(c) This
Code section shall not apply in any manner to mopeds as such term is defined in
Code Section 40-1-1.
(d) The license plates issued
pursuant to this Code section shall be revoked and confiscated upon a
determination after a hearing that such dealer, distributor, manufacturer, or
person engaged in transporting mobile homes and house trailers has unlawfully
used such license plates in violation of this Code section.
40-2-39.
[
Index ]
(a) As used in
this Code section, the term:
(1) 'Dealer' means any
person engaged in the business of selling or leasing or offering to sell or
lease new motor vehicles and who is licensed or otherwise authorized to utilize
trademarks or service marks associated with one or more makes of motor vehicles
in connection with such sales or leases. The term 'dealer' shall not mean any
person engaged solely in the business of selling used motor vehicles and shall
not mean any person engaged in the solicitation, advertising, or financing of
the sale of new motor vehicles and shall not mean any person engaged solely in
activities as a manufacturer or distributor of new motor vehicles.
(2) 'Distributor' means any person who, pursuant to a
contract with a manufacturer, sells or offers to sell new motor vehicles to new
motor vehicle dealers.
(3) 'Established place of
business' means a permanent salesroom or sales office of a new motor vehicle
dealer, which permanent salesroom or sales office is located in a permanent
building on an open lot and which is marked by an appropriate sign and at which
a permanent business of bartering, trading, or selling of new motor vehicles is
carried on in good faith.
(4) 'Manufacturer' means
any person who makes or assembles new motor vehicles.
(5) 'Motor vehicle' means every self-propelled
vehicle intended primarily for use and operation on the public highways, except
farm tractors and other machines and tools used in the production, harvesting,
and care of farm products and except construction equipment.
(6) 'New motor vehicle' means a motor vehicle which
has been sold to a dealer and on which the original motor vehicle title has not
been issued.
(7) 'Person' means every natural person,
partnership, corporation, association, trust, estate, or any other legal entity.
(8) 'Temporary site' means a location at which new
motor vehicles are sold or offered for sale which location is:
(A) Used for a period not to exceed 96 hours in any
one-month period of time;
(B) Used not more than
three times in any calendar year; and
(C) Located in
the county which is within two counties of the county in which the established
place of business of the new motor vehicle dealer using the temporary site is
located.
(9) 'Trade shows' means the display or
solicitation for sale of new motor vehicles at a location other than the
established place of business at which the sales transaction is accomplished or
at which delivery of the new motor vehicle is completed.
(b)(1) It shall be unlawful for any person to engage
in any activity as a new motor vehicle dealer unless and until such person has
registered with the commissioner and obtained a dealer´s number license
plate under Code Section 40-2-38 for each established place of business at which
the person engages in such activity. The commissioner shall not accept such
application for registration and shall not issue a dealer´s number license
plate unless and until the applicant establishes to the satisfaction of the
commissioner, under criteria established by rules or regulations promulgated by
the commissioner, that the applicant shall not engage in any activity of a new
motor vehicle dealer except at an established place of business or at a
temporary site.
(2) It shall be unlawful for any
person to engage in any activity as a new motor vehicle dealer except at an
established place of business which has been registered as such under this Code
section and Code Section 40-2-38 or at a temporary site.
(3) This subsection shall not be construed to
prohibit new motor vehicle trade shows.
(c) As an
alternative to criminal or other civil enforcement, the commissioner, in order
to enforce this Code section or any orders, rules, and regulations promulgated
pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for
each violation, whenever the commissioner, after a hearing, determines that any
person has violated any provisions of this Code section or any regulations or
orders promulgated thereunder. The hearing and any administrative review thereof
shall be conducted in accordance with the procedure for contested cases under
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person
who has exhausted all administrative remedies available and who is aggrieved or
adversely affected by a final order or action of the commissioner shall have the
right of judicial review thereof in accordance with Chapter 13 of Title 50. All
fines recovered under this subsection shall be paid into the state treasury. The
commissioner may file, in the superior court (1) wherein the person under order
resides; (2) if such person is a corporation, in the county wherein the
corporation maintains its established place of business; or (3) in the county
wherein the violation occurred, a certified copy of a final order of the
commissioner, whether unappealed from or affirmed upon appeal, whereupon the
court shall render judgment in accordance therewith and notify the parties. Such
judgment shall have the same effect and proceedings in relation thereto shall
thereafter be the same as though the judgment had been rendered in an action
duly heard and determined by the court. The penalty prescribed in this Code
section shall be concurrent, alternative, and cumulative with any and all other
civil, criminal, or alternative rights, remedies, forfeitures, or penalties
provided, allowed, or available to the commissioner with respect to any
violation of this Code section or any order, rules, or regulations promulgated
pursuant thereto.
(d) Any person who violates any
provision of this Code section shall be guilty of a misdemeanor.
40-2-40.
[
Index ]
(a) The owner
of a vehicle required to be registered under Code Section 40-2-20 which was
registered for the previous year, who has failed to comply with Code Section
40-2-20 for the current year shall be deemed and held to be a delinquent under
this Code section; and the registration of such vehicle shall, after the
expiration of the owner´s registration period, be subject to a penalty of
25 percent of the registration fee for such vehicle in addition to the fee
provided by law, provided that such penalty shall in no event be levied prior to
the expiration of the owner´s registration period, notwithstanding that the
owner failed to register such vehicle within an initial registration period.
(b) All applications for the registration of a
delinquent vehicle shall, before being accepted by a tag agent, be first
endorsed by a sheriff or a deputy sheriff, a chief of police or his or her
designated representative, a state patrolman, a state revenue special agent or
enforcement officer, a Department of Transportation enforcement officer, a tax
commissioner, or a tax collector. The officer endorsing the delinquent
application shall indicate, with his or her endorsement on the application, the
total amount of the prescribed registration fee together with the 25 percent
penalty provided in this Code section, and the full total of such amount shall
be paid to the tag agent before any license plate or revalidation decal as
provided for in this chapter shall be assigned to the applicant.
(c) All penalties assessed under this Code section
shall be accredited in the office of the tag agent when received in the name of
the officer making the endorsement, without regard to the residence of the
applicant, whether such penalty is received through the exercise of such
officer´s authority as an arresting officer or through appearance of the
applicant at his office for proper endorsement on an application.
(d) Between the first and fifth days of each calendar
month, the tag agent shall remit to the respective fiscal authorities of the
counties or cities employing the endorsing officers the full amount of such
penalties accredited to such officers during and for the preceding calendar
month. All sums accredited to state patrolmen, state revenue special agents or
enforcement officers, or Department of Transportation enforcement officers shall
be paid to the fiscal authorities of the county where the vehicle is registered.
40-2-41.
[
Index ]
Unless
otherwise permitted under this chapter, every vehicle required to be registered
under this chapter, which is in use upon the highways, shall at all times
display the license plate issued to the owner for such vehicle, and the plate
shall be fastened to the rear of the vehicle in a position so as not to swing
and shall be at all times plainly visible. No person shall display on the rear
of a motor vehicle any temporary or permanent plate or tag not issued by the
State of Georgia which is intended to resemble a license plate which is issued
by the State of Georgia. The commissioner is authorized to adopt rules and
regulations so as to permit the display of a license plate on the front of
certain vehicles. It shall be the duty of the operator of any vehicle to keep
the license plate legible at all times. No license plate shall be covered with
any material unless the material is colorless and transparent. No apparatus that
obstructs or hinders the clear display and legibility of a license plate shall
be attached to the rear of any motor vehicle required to be registered in the
state. Any person who violates any provision of this Code section shall be
guilty of a misdemeanor.
40-2-41.1.
[
Index ]
(a) As used in this Code section, the term 'authentic
historical Georgia license plate' means a license plate originally issued in the
year 1957 or earlier and originally required to be displayed on motor vehicles
operated upon the streets and highways of this state in the year 1957 or earlier
pursuant to former motor vehicle registration laws of this state.
(b) The owner of any antique motor vehicle
manufactured in 1957 or earlier shall be authorized to display in lieu of and in
the same manner as the license plate otherwise required under Code Section
40-2-41 an authentic historical Georgia license plate which clearly represents
the model year of any such antique motor vehicle, provided that the owner has
properly registered such antique motor vehicle for the current year as otherwise
required under this chapter and has obtained a current Georgia license plate or
revalidation decal for such antique motor vehicle. Such currently valid Georgia
license plate shall be kept in such antique motor vehicle at all times but need
not be displayed in a manner to be visible from outside the vehicle.
(c) For purposes of this Code section, the authentic
historical Georgia license plate shall be furnished by the owner of any such
antique motor vehicle.
(d) No later than January 1,
2001, the commissioner shall have installed within the department´s
computer information system applicable to the registration of motor vehicles the
necessary program which will include in the information relating to the current
Georgia license plate or revalidation decal issued for an antique motor vehicle
the information relating to the authentic historical Georgia license plate
authorized to be display on such antique motor vehicle.
40-2-42.
[
Index ]
(a) A license
plate or revalidation decal, when issued, shall be transferred from one vehicle
to another vehicle of the same class acquired by the same person as provided in
this chapter. Any use of a license plate or revalidation decal by any other
person or persons in any manner not provided for in this chapter shall be a
violation of this chapter.
(b) The commissioner shall
provide by rules and regulations appropriate procedures whereby, upon the
payment of a fee of $5.00, and, upon preparation and filing of an appropriate
application therefor, currently valid annual and five-year license plates and
revalidation decals shall be transferred from one vehicle to another vehicle of
the same class of which ownership is acquired following that person´s or
those persons´ ceasing to own or operate on the public roads the vehicle
for which such plate was originally issued and during the initial registration
period for the acquired vehicle. If such acquired vehicle is of a different
class than the vehicle no longer owned or operated by such person, he or she
shall submit the license plate currently issued to him or her for cancellation
and, upon payment of any additional fee for registering such acquired vehicle,
the commissioner shall issue a new license plate to such person for use on such
acquired vehicle. License plates and revalidation decals may be transferred in
accordance with the provisions of this subsection at any time after issuance or
renewal thereof and until the expiration of the period for which issued.
(c) The commissioner shall provide appropriate
procedures whereby, when the registered owner of a jointly owned motor vehicle
is deceased, the license plate issued for the motor vehicle may, upon
appropriate application and payment of fees, be transferred to the surviving
owner´s name, provided that the surviving owner acquires a new certificate
of title under subsection (d) or paragraph (1) of subsection (e) of Code Section
40-3-34 and makes the payment of appropriate ad valorem taxes.
40-2-43.
[
Index ]
(a) Upon an
applicant´s compliance with all laws relevant to the registration of his
vehicle, the appropriate licensing authority shall issue to such applicant a
certificate of registration for his vehicle. If a registration certificate
issued under this chapter is lost, stolen, mutilated, or destroyed or becomes
illegible, the registered owner shall promptly make application for a duplicate
registration certificate to the commissioner. The commissioner, upon receipt of
an application and a fee of $1.00, shall issue the registered owner a duplicate
registration certificate. If the application for a duplicate registration
certificate is submitted to the same county that issued the current certificate
of registration, the county tag agent may issue the duplicate registration
certificate and may retain the application fee as compensation for issuing such
duplicate certificate of registration.
(b) Any dealer
or owner of a vehicle may apply to the commissioner or any county tag agent for
a duplicate of the last registration certificate issued to the previous or
current owner for that vehicle. The commissioner or county tag agent, upon
receipt of an application and a fee of $1.00, shall provide the duplicate
registration certificate.
40-2-44.
[
Index ]
(a) Except as provided in subsection (b) of this Code
section, the owner of a motor vehicle shall immediately report the theft, loss,
or mutilation of a license plate or revalidation decal to the appropriate law
enforcement agency or official, including but not limited to a municipal or
county police department or officer, the county sheriff, the Department of
Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of
the police report and shall submit such copy to the commissioner with a fee of
$8.00 to obtain a duplicate license plate or revalidation decal. Alternatively,
the copy of the police report may be submitted to the applicant´s county
tag agent with a fee of $8.00 in which case the county tag agent is authorized
to issue a replacement license plate or decal. In those instances in which a
vehicle owner is unable to obtain a police report of such theft, loss, or
mutilation of a license plate or revalidation decal, the owner shall be
authorized to submit to the appropriate law enforcement agency or official and
to either the commissioner or to the county tag agent a sworn affidavit as to
such theft, loss, or mutilation in lieu of a police report and obtain a
replacement license plate or decal. The county tag agent shall be entitled to
retain as compensation for issuance of a replacement license plate or decal the
same commission as provided for issuance of a new license plate or decal under
the terms and conditions provided in subsection (b) of Code Section 40-2-33.
(b) If the license plate or revalidation decal is
mutilated but still legible and if such license plate or revalidation decal is
surrendered with the application for the duplicate, the requirements of
subsection (a) of this Code section, relating to reporting the theft, loss, or
mutilation of a license plate or decal and submitting a copy of a police report,
shall not apply.
(c) A duplicate county decal when
the original has been lost, defaced, or destroyed may be obtained from the
commissioner at no cost. A replacement license plate or revalidation decal when
the original has been lost in the mail prior to receipt by the registered owner
shall be issued by the commissioner without charge upon application and
completion of the form and affidavit prescribed by the commissioner setting
forth the circumstances of nonreceipt of the license plate or decal. The owner
shall report the nonreceipt or loss of the license plate or decal to the
appropriate law enforcement agency or official, including, but not limited to, a
municipal or county police department or officer, the county sheriff, or the
Department of Public Safety. Said owner shall obtain a copy of the police report
on which the license plate or decal number is listed and shall submit such copy
to the commissioner. The owner shall not be charged a fee by the Department of
Public Safety or the local law enforcement agency or official for a copy of such
police report.
(d) The commissioner is authorized to
establish procedures and promulgate rules and regulations for carrying out this
Code section.
40-2-45.
[
Index ]
(a) No person shall transfer a license plate or decal
from one vehicle to any other motor vehicle which is a 'salvage' or 'rebuilt'
motor vehicle as provided in Chapter 3 of this title unless the owner of such
vehicle submits satisfactory proof to the commissioner that the motor vehicle
inspection required by Code Section 40-3-37 has been performed and such vehicle
has been determined to be in full compliance with the law.
(b) Notwithstanding subsection (a) of this Code
section, if a vehicle is damaged, scrapped, dismantled, or demolished and
transferred to an insurance company or licensed rebuilder and the transferor of
such vehicle has a current, unexpired license plate and registration issued
therefor, such license plate shall be transferred to another vehicle acquired by
such transferor according to the provisions of Code Section 40-2-42 or 40-2-80,
as applicable.
40-2-46.
Reserved.
40-2-47.
[
Index ]
(a) Notwithstanding any other provision of this
chapter to the contrary, the owner of any trailer including any leased or rented
trailer and including single pole and twin-beam trailers and other trailers used
in commercial logging or commercial trailers used for the hauling of unprocessed
farm products used as or in connection with a motor vehicle, truck, or tractor
used as a common or contract carrier for hire, a private carrier, or a motor
carrier of property shall have the option of obtaining a permanent registration
and license plate for such trailer, in lieu of an annual registration and
license plate, upon the payment of the one-time fee specified in Code Section
40-2-151 and compliance with the provisions of this Code section; provided,
however, that boat trailers, utility trailers, and noncommercial cattle and
livestock trailers shall not qualify for such permanent registration and license
plate. The certificate of registration and license plate issued for a specific
trailer under this Code section shall continue to be valid for the duration of
the owner´s interest in such trailer. No registration or license plate
issued for any trailer under this Code section shall be transferred for any
reason and a new registration and license plate shall be required when ownership
of the trailer is transferred to a new owner. The payment of the fee for a
permanent registration and license plate shall be in addition to and not in lieu
of the payment of annual ad valorem taxes on such trailer during the period of
December 1 to February 15.
(b) As used in this Code
section, the term 'leased or rented trailer' means any utility trailer that is
owned by and leased or rented out by a person, firm, or corporation in the
business of leasing or renting out such trailers.
40-2-48.
[
Index ]
(a) To ensure
that the spirit and legacy of the 1996 Paralympic Games are continued and to
promote activities that financially benefit organizations in this state which
support or otherwise advance the causes of athletes with disabilities, there
shall be issued beginning in 1998 special license plates to promote the United
States Disabled Athletes Fund.
(b) The commissioner
shall prepare special distinctive license plates of a design which shall include
the image of Blaze, the mascot and symbol of the 1996 Paralympic Games, as a
tribute to the triumph of the human spirit. The special license plate must be of
the same size and general design of general issue motor vehicle license plates;
such plates shall include a unique identifying number, whereby the total
characters do not exceed the sum of six, provided that no two recipients receive
identical plates. It shall not be a requirement that a county name decal be
affixed and displayed on license plates issued under this Code section.
(c) Beginning in calendar year 1998, any motor
vehicle owner who is a resident of Georgia, upon complying with the motor
vehicle laws relating to registration and licensing of motor vehicles and upon
the payment of a manufacturing fee of $25.00 in addition to the regular motor
vehicle registration fee, shall be issued such a special license plate within 30
days of application for such special license plate. Special license plates
issued under this Code section shall be renewed annually with a revalidation
decal as provided in Code Section 40-2-31 upon payment of an additional $25.00
annual registration fee, which fee shall be collected by the county tag agent at
the time of collection of other registration fees and remitted to the state as
provided in Code Section 40-2-34.
(d) The
commissioner shall retain all applications for such special license plates until
a minimum of 500 applications has been received. If the commissioner does not
receive the required minimum of 500 applications no later than July 31 of the
year preceding the year of issuance of such plates, no such special plates shall
be issued, and all fees shall be refunded to applicants. Such license plates
shall be issued in compliance with the state motor vehicle laws relating to
registration and licensing of motor vehicles as prescribed in this article.
(e) Notwithstanding the foregoing provisions of this
Code section, this Code section shall not be implemented until such time as the
State of Georgia has, through a licensing agreement or otherwise, received such
licenses or other permissions as may be required for the use of the Blaze image
or as may otherwise be necessary or appropriate to implement this Code section.
The commissioner is authorized, on behalf of the state, to accept and execute
the licensing agreements with the United States Disabled Athletes Fund allowing
the United States Disabled Athletes Fund to be the beneficiary of and receive
$25.00 of each such manufacturing fee, provided that the state shall bear the
cost of the manufacture of each such license plate. The commissioner may charge
fees, make payments, take other actions, and agree to or impose terms and
conditions which might normally be envisioned in licensing and cross-licensing
agreements for the use of designs and similar intellectual property. Without
limitation, the commissioner may agree to allow to others the exclusive or
nonexclusive use of the design of the special license plate. The design of the
special license plate, excepting only any part of the design owned by others and
licensed to the state, shall be owned solely by the State of Georgia for its
exclusive use and control, except as authorized by the commissioner. The
commissioner may take such steps as may be necessary to give notice of and
protect such right, including the copyright. However, such steps shall be
cumulative of the ownership and exclusive use and control established by this
subsection as a matter of law and no person shall reproduce or otherwise use
such design, except as authorized by the commissioner.
(f) The license plate issued pursuant to this Code
section shall be transferred between vehicles as provided in Code Section
40-2-80.
40-2-49.
[
Index ]
(a)
In order to promote and financially benefit the Nongame-Endangered Wildlife
Program of the Georgia Department of Natural Resources, there shall be issued
beginning January 1, 1997, special license plates promoting the
Nongame-Endangered Wildlife Program and its primary funding source, the Nongame
Wildlife Conservation and Wildlife Habitat Acquisition Fund, referred to in this
Code section as the wildlife conservation fund.
(b)
The Department of Natural Resources shall design special distinctive license
plates appropriate to promote conservation of native Georgia wildlife. The
wildlife conservation fund plate must be of the same size and general design of
general issue motor vehicle license plates; such plates shall include a unique
identifying number, whereby the total characters do not exceed the sum of six,
provided that no two recipients receive identical plates. Such design shall not
provide space in which to indicate the name of the county of issuance.
(c) Notwithstanding the foregoing provisions of this
Code section, this Code section shall not be implemented until such time as the
State of Georgia has, through a licensing agreement or otherwise, received such
licenses or other permissions as may be required to implement this Code section.
The design of the initial edition of the wildlife conservation fund license
plate, as well as the design of subsequent editions and excepting only any part
or parts of the designs owned by others and licensed to the state, shall be
owned solely by the State of Georgia for its exclusive use and control, except
as authorized by the commissioner. The commissioner may take such steps as may
be necessary to give notice of and protect such right, including the copyright
or copyrights. However, such steps shall be cumulative of the ownership and
exclusive use and control established by this subsection as a matter of law, and
no person shall reproduce or otherwise use such design or designs, except as
authorized by the commissioner.
(d) Beginning in
calendar year 1997, any Georgia resident who is the owner of a motor vehicle,
except a vehicle registered under the International Registration Plan, upon
complying with the motor vehicle laws relating to registration and licensing of
motor vehicles and upon the payment of a fee of not more than $25.00 in addition
to the regular motor vehicle registration fee, shall be issued a wildlife
conservation fund license plate. Revalidation decals shall, upon payment of fees
required by law and collected by the county tag agent and remitted to the state
as provided in Code Section 40-2-34, be issued for wildlife conservation fund
license plates in the same manner as provided for general issue license plates.
(e) The Nongame Wildlife Conservation and Wildlife
Habitat Acquisition Fund shall bear the cost of the manufacture of each such
license plate. The funds derived from the sale of wildlife conservation fund
license plates, less a $1.00 processing fee which shall be granted to county tag
offices per plate sold, shall be deposited in the Nongame Wildlife Conservation
and Wildlife Habitat Acquisition Fund established by Code Section 12-3-602 and
shall be expended only for the purposes enumerated in subsection (b) of Code
Section 12-3-602.
(f) An applicant may request a
wildlife conservation fund license plate any time during the applicant´s
registration period. If a wildlife conservation fund license plate is to replace
a current valid license plate, the department shall issue the wildlife
conservation fund license plate with appropriate decals attached. When an
applicant requests a wildlife conservation fund license plate at the beginning
of the registration period, the applicant shall pay the tax together with all
applicable fees.
(g) Wildlife conservation fund
license plates shall be transferred from one vehicle to another vehicle in
accordance with the provisions of Code Section 40-2-42.
(h) Wildlife conservation fund license plates shall
be issued within 30 days of application.
40-2-49.1.
[
Index ]
(a) In order
to promote and financially provide for the restoration and enhancement of the
bobwhite quail population by the Georgia Department of Natural Resources, there
shall be issued beginning January 1, 2002, special license plates promoting such
effort, which shall be known as the 'Bobwhite Quail Restoration Initiative.'
(b) The Department of Natural Resources shall design
special distinctive license plates appropriate to promote conservation,
restoration, and enhancement of the bobwhite quail population and the habitats
upon which they depend. The bobwhite quail restoration initiative plate must be
of the same size as general issue motor vehicle license plates and shall include
a unique design and identifying number, whereby the total characters do not
exceed the sum of six. No two recipients shall receive identically numbered
plates. Such design shall not provide space in which to indicate the name of the
county of issuance.
(c) Notwithstanding the
provisions of subsection (b) of this Code section, this Code section shall not
be implemented until such time as the State of Georgia has, through a licensing
agreement or otherwise, received such license or other permission as may be
required to implement this Code section. The design of the initial edition of
the bobwhite quail restoration initiative license plate, as well as the design
of subsequent editions and excepting only any part or parts of the designs owned
by others and licensed to the state, shall be owned solely by the State of
Georgia for its exclusive use and control, except as authorized by the
commissioner. The commissioner may take such steps as may be necessary to give
notice of and protect such right, including the copyright or copyrights.
However, such steps shall be cumulative of the ownership and exclusive use and
control established by this subsection as a matter of law, and no person shall
reproduce or otherwise use such design or designs, except as authorized by the
commissioner.
(d) Beginning on January 1, 2002, any
Georgia resident who is the owner of a motor vehicle, except a vehicle
registered under the International Registration Plan, upon complying with the
motor vehicle laws relating to registration and licensing of motor vehicles and
upon the payment of a fee of not more than $25.00 in addition to the regular
motor vehicle registration fee, shall be issued a bobwhite quail restoration
initiative license plate. Revalidation decals shall, upon payment of fees
required by law and collected by the county tag agent and remitted to the state
as provided in Code Section 40-2-34, be issued for bobwhite quail restoration
initiative license plates in the same manner as provided for general issue
license plates.
(e) The funds derived from the sale
of bobwhite quail restoration initiative license plates, less a $1.00 processing
fee, which shall be granted to county tag offices per plate sold, and less the
actual manufacturing cost of the plates, shall be deposited in the general fund
of the state treasury. As soon as practicable after December 31 of each year,
the commissioner shall report the net amount derived from the sale of bobwhite
quail restoration initiative license plates to the Office of Planning and Budget
and the Department of Natural Resources. It is the intent of the General
Assembly that the General Assembly appropriate an amount equal to the net
proceeds from the sale of such license plates to the Department of Natural
Resources. The Department of Natural Resources shall utilize the funds so
appropriated to conduct programs designed to enhance the bobwhite quail
population in this state. Such programs may include the creation of habitat
demonstration areas on state managed wildlife lands, education programs,
technical assistance to private landowners in the creation and maintenance of
bobwhite quail habitats on their lands, and projects to encourage public support
for the license plate and the activities it funds. The Department of Natural
Resources may enter into such contractual agreements as may be appropriate to
further the objectives of the bobwhite quail restoration initiative, including
entering into contractual agreements whereby private landowners, public
agencies, or corporate entities create, preserve, or enhance habitat for
bobwhite quail in return for the payment of incentives. The Department of
Natural Resources shall monitor the response of the bobwhite quail population to
those habitat conservation activities to determine their effectiveness.
(f) An applicant may request a bobwhite quail
restoration initiative license plate any time during the applicant´s
registration period. If a bobwhite quail restoration initiative license plate is
to replace a current valid license plate, the department shall issue the
bobwhite quail restoration initiative license plate with appropriate decals
attached. When an applicant requests a bobwhite quail restoration initiative
license plate at the beginning of the registration period, the applicant shall
pay the tax together with all applicable fees.
(g)
Bobwhite quail restoration initiative license plates shall be transferred from
one vehicle to another vehicle in accordance with the provisions of Code Section
40-2-42.
(h) Bobwhite quail restoration initiative
license plates shall be issued within 30 days of application.
(i) The Department of Natural Resources shall submit
a report to the chairpersons of the Senate Natural Resources Committee and the
House Committee on Game, Fish and Parks detailing the receipt and expenditure of
all appropriated funds and all funds received from the sale of bobwhite quail
restoration initiative license plates as provided by this Code section to
promote quail restoration. Such report shall be made not later than the second
Monday of January of each year.
40-2-49.2.
[
Index ]
(a) In order to promote and financially benefit the
Roadside Enhancement and Beautification Fund established pursuant to Code
Section 32-6-75.2, there shall be issued special and distinctive wildflower
license plates to promote roadside enhancement and beautification projects and
programs.
(b) The Department of Transportation shall
design special distinctive license plates appropriate to promote conservation of
wildflowers within the state. The wildflower motor vehicle license plate must be
of the same size and general design of general issue motor vehicle license
plates; such plates shall include a unique identifying number, whereby the total
characters do not exceed the sum of six, provided that no two recipients receive
identical plates. Such design shall provide space in which to indicate the name
of the county of issuance.
(c) The design of the
initial edition of the wildflower motor vehicle license plate, as well as the
design of subsequent editions and excepting only any part or parts of the
designs owned by others and licensed to the state, shall be owned solely by the
State of Georgia for its exclusive use and control, except as authorized by the
commissioner. The commissioner may take such steps as may be necessary to give
notice of and protect such right, including the copyright or copyrights.
However, such steps shall be cumulative of the ownership and exclusive use and
control established by this subsection as a matter of law, and no person shall
reproduce or otherwise use such design or designs, except as authorized by the
commissioner.
(d) Any Georgia resident who is the
owner of a motor vehicle, except a vehicle registered under the International
Registration Plan, upon complying with the motor vehicle laws relating to
registration and licensing of motor vehicles and upon the payment of a fee of
not more than $25.00 in addition to the regular motor vehicle registration fee,
shall be issued a wildflower motor vehicle license plate. Revalidation decals
shall, upon payment of fees required by law and collected by the county tag
agent and remitted to the state as provided in Code Section 40-2-34, be issued
for wildflower fund license plates in the same manner as provided for general
issue license plates.
(e) The funds derived from the
sale of wildflower motor vehicle license plates, less a $1.00 processing fee
which shall be granted to county tag offices per plate sold and less the actual
manufacturing cost of the plates, shall be transferred to the Department of
Transportation to be deposited in the Roadside Enhancement and Beautification
Fund established by Code Section 32-6-75.2 and shall be expended only for the
purposes enumerated in Code Section 32-6-75.2.
(f) An
applicant may request a wildflower motor vehicle license plate any time during
the applicant´s registration period. If a wildflower motor vehicle license
plate is to replace a current valid license plate, the department shall issue
the wildflower motor vehicle license plate with appropriate decals attached.
When an applicant requests a wildflower motor vehicle license plate at the
beginning of the registration period, the applicant shall pay the tax together
with all applicable fees.
(g) Wildflower motor
vehicle license plates shall be transferred from one vehicle to another vehicle
in accordance with the provisions of Code Section 40-2-42.
(h) Wildflower motor vehicle license plates shall be
issued within 30 days of application.
(i) The
commissioner is authorized to establish procedures and promulgate rules and
regulations necessary to carry out the provisions of this Code section.
40-2-49.3.
[
Index ]
(a) In order
to promote and financially provide for dog and cat reproductive sterilization
support programs and educational activities directly in support thereof, there
shall be issued beginning January 1, 2003, special license plates promoting the
dog and cat reproductive sterilization support program provided for in Code
Section 4-15-1.
(b) The Department of Agriculture, in
cooperation with the commissioner, shall design special distinctive license
plates appropriate to promote dog and cat reproductive sterilization support
programs. The dog and cat reproductive sterilization support program license
plates must be of the same size as general issue motor vehicle license plates
and shall include a unique design and identifying number, whereby the total
number of characters does not exceed six. No two recipients shall receive
identically numbered plates. Such design shall provide space in which to
indicate the name of the county of issuance.
(c)
Notwithstanding the provisions of subsection (b) of this Code section, this Code
section shall not be implemented until such time as the State of Georgia has,
through a licensing agreement or otherwise, received such licenses or other
permissions as may be required to implement this Code section. The design of
the initial edition of the dog and cat reproductive sterilization support
program license plates, as well as the design of subsequent editions and
excepting only any part or parts of the designs owned by others and licensed to
the state, shall be owned solely by the State of Georgia for its exclusive use
and control, except as authorized by the Commissioner of Agriculture. The
Commissioner of Agriculture may take such steps as may be necessary to give
notice of and protect such right, including the copyright or copyrights.
However, such steps shall be cumulative of the ownership and exclusive use and
control established by this subsection as a matter of law, and no person shall
reproduce or otherwise use such design or designs, except as authorized by the
Commissioner of Agriculture.
(d) Beginning in
calendar year 2003, any Georgia resident who is the owner of a motor vehicle,
except a vehicle registered under the International Registration Plan, upon
complying with the motor vehicle laws relating to registration and licensing of
motor vehicles and upon the payment of a fee of $25.00 in addition to the
regular motor vehicle registration fee, shall be issued a dog and cat
reproductive sterilization support program license plate. Revalidation decals
shall be issued for dog and cat reproductive sterilization support program
license plates in the same manner as provided for general issue license plates.
(e) The funds derived from the sale of dog and cat
reproductive sterilization support program license plates, less a $1.00
processing fee which shall be granted to county tag offices per plate sold and
less the actual manufacturing cost of the plates shall be deposited in the
special fund for support of the dog and cat reproductive sterilization support
program created by Article III, Section IX, Paragraph VI(m) of the Constitution
of the State of Georgia. As soon as practicable after December 31 of each year,
the commissioner shall report the net amount derived from the sale of dog and
cat reproductive sterilization support program license plates to the Department
of Agriculture.
(f) An applicant may request a dog
and cat reproductive sterilization support program license plate any time during
the applicant´s registration period. If such a license plate is to replace
a current valid license plate, the dog and cat reproductive sterilization
support program license plate shall be issued with appropriate decals attached.
(g) Dog and cat reproductive sterilization support
program license plates shall be transferred from one vehicle to another vehicle
in accordance with the provisions of Code Section 40-2-42.
(h) Dog and cat reproductive sterilization support
program license plates shall be issued within 30 days of application.
40-2-50.
[
Index ]
As used in this
article, the term:
(1) 'Fleet' means 1,000 or more
motor vehicles.
(2) 'Fleet registration plan' means
the method of registering the motor vehicles of a fleet as provided in this
article.
40-2-51.
[
Index ]
(a)(1)
A corporation or firm which has an established place of business in this state
or which is controlled by a parent corporation which has an established place of
business in this state and which owns or operates under a lease agreement a
fleet which is not required to be registered under the International
Registration Plan in accordance with Article 3A of this chapter may enroll in
the fleet registration plan and register and obtain licenses to operate the
motor vehicles in such fleet as provided in this article.
(2) The provisions of this article for fleet
enrollment, registration, and licensing shall not apply to any corporation or
firm which leases or rents motor vehicles to other persons for use thereby.
(b)(1) Applications for enrollment of a fleet under
the fleet registration plan may be submitted to the department in the form and
manner prescribed thereby during the period of December 1 of the prior
registration year to February 15 of the year for which the license plates are to
be issued. Motor vehicles of a fleet shall be enrolled separately by classes and
by counties where the vehicles are to be registered.
(2)(A) An applicant for enrollment of a fleet under
the fleet registration plan shall pay a fleet enrollment fee of $200.00 for
initial enrollment of the fleet.
(B) If the applicant
for enrollment of a fleet or the parent corporation or firm thereof has not had
an established place of business in this state for a period of ten consecutive
years or more, the applicant shall post a $25,000.00 surety bond at the time of
applying for enrollment.
(3) If the department
determines that the applicant is eligible for fleet registration and proper
application has been made, the department shall enroll the fleet, indicate the
amount of license fees due for the fleet, validate the enrollment form or forms
for the applicable county or counties, and mail the validated original
enrollment form or forms with fees indicated to the applicant. Such enrollment
shall be valid for a period which is concurrent with that period for which
regular license plates are issued for use under Code Section 40-2-31.
Thereafter, the department shall, prior to December 1 of each year of the
enrollment period, mail the enrollee a statement of the amount of license fees
due and payable during the forthcoming registration period for such fleet.
40-2-52.
[
Index ]
(a) After
receipt of a validated fleet enrollment form, the owner or operator of the
enrolled fleet shall register and obtain licenses to operate the motor vehicles
thereof during the period of December 1 of the prior registration year to
February 15 of the year for which the license plates are to be issued.
(b) An applicant for registration of a vehicle of an
enrolled fleet shall submit a validated original fleet enrollment form to the
county tag agent in each county in which vehicles enrolled under the fleet
registration plan are to be registered.
(c) The
provisions of Article 2 of this chapter for registering and licensing motor
vehicles generally which are not inconsistent with the provisions of this
article shall apply to the registration and licensing of each vehicle of an
enrolled fleet.
40-2-53.
[
Index ]
(a)(1) Upon submission by the applicant of a
validated original fleet enrollment form and compliance with all applicable
requirements for registration and licensing of motor vehicles, the county tag
agent shall issue to the applicant a fleet motor vehicle license plate for each
vehicle of the fleet to be registered and licensed in such county.
(2) The county tag agent shall mark the validated
original fleet enrollment form as 'taxes paid' or 'tax exempt,' as applicable,
and return such form to the registrant.
(3) The
registrant shall submit to the department the validated original fleet
enrollment form which has been marked as provided in paragraph (2) of this
subsection.
(b) Fleet motor vehicle license plates
shall be similar in design to and issued for the same period as regular license
plates issued under Code Section 40-2-31, except that such fleet motor vehicle
license plates shall contain such words or symbols, in addition to the numbers
and letters otherwise prescribed by law, so as to distinctively identify the
motor vehicles on which they are placed as fleet motor vehicles. It shall be a
requirement that a county name decal shall be affixed and displayed on license
plates issued under this Code section.
(c)(1) License
plates issued under this Code section shall be renewed annually with a generic
fleet revalidation decal.
(2) The bond required under
subsection (b) of Code Section 40-2-51 shall be required at the time of any
renewal of such license plates if at the time of such renewal the registrant or
the parent corporation or firm thereof has not had an established place of
business in this state for a period of ten consecutive years or more.
(d) License plates issued under this Code section
shall be transferred between vehicles in the same manner as provided by Code
Section 40-2-80 for special license plates issued under Article 3 of this
chapter.
40-2-54.
[
Index ]
(a)
If a fleet registrant or the parent corporation or firm thereof has not had an
established place of business in this state for a period of ten consecutive
years or more, the department or its designated agent shall annually conduct an
audit of such fleet registrant to ensure compliance with the requirements of
this article which may include, without limitation, examination of records of
all vehicles in a fleet, additions to or deletions from a fleet since the most
recent such audit, and proof of proper payment of or exemption from ad valorem
taxes on fleet vehicles. The fleet registrant shall bear the cost of or
reimburse the department for the expenses of any audit required by this
subsection.
(b) The department or its designated
agent may perform an audit of any fleet registrant to ensure compliance with the
requirements of this article which may include, without limitation, examination
of records of all vehicles in a fleet, additions to or deletions from a fleet
since the most recent such audit, and proof of proper payment of or exemption
from ad valorem taxes on fleet vehicles.
40-2-55.
[
Index ]
An enrollment of a fleet in the fleet registration
plan shall be terminated by the department in the event:
(1) The department determines on the basis of an
audit that fees for registration and licensing are not paid as required for 20
percent or more of the vehicles in any class of vehicles in the fleet or of
those vehicles of the fleet registered in a county;
(2) The department determines on the basis of an
audit that fees for registration and licensing are not paid as required for 5
percent or more of the total vehicles in the fleet;
(3) Of the conviction of the fleet registrant for any
unlawful use of any license plate issued for a fleet vehicle;
(4) Of the failure of the fleet registrant to pay ad
valorem taxes as required for any fleet vehicle;
(5)
Of the failure of the fleet registrant to pay enrollment fees as required;
or
(6) Of the forfeiture of the surety bond required
under Code Section 40-2-52 or 40-2-53.
40-2-60.
[
Index ]
(a) Motor vehicle owners who are residents of
Georgia, upon complying with the motor vehicle laws relating to registration and
licensing of motor vehicles and, except as provided in subsection (c) of this
Code section, upon the payment of a fee of $25.00 in addition to the regular
motor vehicle registration fee, shall be issued special personalized prestige
license plates by the commissioner. Special personalized license plates issued
pursuant to this Code section shall be subject to an additional annual
registration fee of $25.00 as a condition of obtaining an annual revalidation
decal for such license plate which fee shall be collected by the county tag
agent at the time of collection of other registration fees and shall be remitted
to the state as provided in Code Section 40-2-34.
(b)
For the purpose of this Code section, a license plate with a low number or
special number may also be considered as a prestige or personalized plate.
(c) Additional fees for special or distinctive
license plates issued pursuant to this article shall be as prescribed in the
Code section authorizing such plate, and, when no additional fee is specified,
no additional fee shall be required.
(d) The
commissioner is authorized to establish procedures and promulgate rules and
regulations for carrying out this Code section.
40-2-60.1.
[
Index ]
(a) The
General Assembly finds that during recent years prior to and including 1997
there have been proposed and enacted numerous laws providing for the issuance of
special license plates for certain persons and vehicles. The General Assembly
finds that there exists a need for a standardized administrative process to
provide for the authorization of issuance of such special license plates and
that the public interest will be best served by such a standardized
administrative process. While recognizing that the legislature may not abridge
its powers, the General Assembly declares that it is in the public interest of
this state for future proposals for special license plates to be governed by the
administrative process established by this Code section rather than by the
legislative process.
(b) The commissioner is
authorized to adopt rules and regulations for the issuance of special license
plates for groups of individuals and vehicles. Such rules and regulations shall
provide that no such special license plate shall be issued except upon the
application of at least 1,000 persons. The rules and regulations shall provide
for the manner of such applications. The rules and regulations shall provide
that upon receipt of the requisite number of applications, a special license
plate may be issued as provided in this Code section. The rules and regulations
may provide for exceptions whereby a special plate will not be issued if the
issuance of the plate would adversely affect public safety. The rules and
regulations shall provide for the design and manufacture of such special license
plates and shall provide that such plates shall be readily recognizable as
Georgia license plates through the adoption of a standard design containing a
smaller space for the insertion of an appropriate logo or graphic identifying
the special nature of the license plate. Subject to the foregoing provisions of
this subsection, the design of each special license plate shall be in the
discretion of the commissioner.
(c) Any resident
motor vehicle owner desiring a special license plate provided for in this Code
section shall submit to the commissioner a completed application form for such
plate with a $25.00 manufacturing fee in addition to the regular motor vehicle
registration fee. Upon complying with the motor vehicle registration and
licensing laws and the rules and regulations authorized in this Code section, a
resident motor vehicle owner shall be issued a special license plate if the
issuance of such plate is otherwise authorized under this Code section.
(d) Special license plates issued under this Code
section shall be renewed annually with a revalidation decal, as provided in Code
Section 40-2-31, upon payment of an additional $25.00 annual registration fee
which fee shall be collected by the county tag agent at the time of collection
of other registration fees and shall be remitted to the state as provided in
Code Section 40-2-34. Special license plates issued under this Code section may
be transferred between vehicles as provided in Code Section 40-2-80.
(e) Nothing in this Code section shall affect any
special license plate provided for by any other law in existence on or becoming
effective on May 1, 1997.
40-2-61.
[
Index ]
The commissioner shall design and issue distinctive
license plates to each United States Senator and Congressman elected from the
State of Georgia, the Governor, the Lieutenant Governor, the Speaker of the
House of Representatives, and each Justice of the Supreme Court and each Judge
of the Court of Appeals to be placed on such official´s personal motor
vehicle. Each such distinctive license plate shall indicate the
individual´s elected office and no county name decal need be affixed to
such plate. The special license plate authorized by this Code section shall be
issued to such elected official upon application and payment of a manufacturing
fee of $25.00 and upon compliance with the state laws relating to registration
and licensing of motor vehicles and shall be transferred as provided in Code
Section 40-2-80. Distinctive license plates issued pursuant to this Code section
shall be renewed annually, and revalidation decals shall be issued upon
compliance with the laws relating to registration and licensing and upon payment
of an additional registration fee of $25.00 which shall be collected by the
county tag agent at the time for collection of other registration fees and shall
be remitted to the state as provided in Code Section 40-2-34.
40-2-62.
[
Index ]
The
commissioner shall mail special and distinctive license plates printed for
members of the General Assembly to the local tag agent in the counties wherein
such members reside on or before the owner´s registration period each year.
Such special and distinctive license plates shall be issued only upon
applications made to the local tag agent and payment of a $25.00 manufacturing
fee. License plates may be issued by the local tag agent upon a proper
application and in accordance with the terms of this chapter. License plates
issued pursuant to this Code section need not contain a place for the county
name decal, and no county name decal need be affixed to a license plate issued
pursuant to this Code section. Special and distinctive license plates issued
pursuant to this Code section shall be renewed annually, and revalidation decals
shall be issued upon compliance with the laws relating to registration and
licensing and upon payment of an additional registration fee of $25.00 which
shall be collected by the county tag agent at the time for collection of other
registration fees and shall be remitted to the state as provided in Code Section
40-2-34. The special license plates issued pursuant to this Code section shall
be transferred to another vehicle as provided in Code Section 40-2-80.
40-2-63.
[
Index ]
The
commissioner shall mail to the local tag agents special and distinctive license
plates for the elected sheriffs in the counties of this state on or before the
owner´s registration period of each sheriff. The sheriffs shall make
application with the local tag agent and shall pay a fee of $25.00. Special
sheriffs´ license plates issued pursuant to this Code section shall be
renewed annually, and revalidation decals shall be issued upon compliance with
the laws relating to registration and licensing and upon payment of an
additional registration fee of $25.00 which shall be collected by the county tag
agent at the time of collection of other registration fees and shall be remitted
to the state as provided in Code Section 40-2-34. License plates shall be issued
by the local tag agents upon proper application and in accordance with the terms
of Article 2 of this chapter. Only one special and distinctive license plate
shall be issued to each elected sheriff; however, a sheriff may choose to use
the sheriff´s distinctive license plate either on the law enforcement
vehicle assigned to such sheriff or on his or her personal vehicle.
40-2-64.
[
Index ]
(a) Honorary
consuls, upon application and compliance with the state motor vehicle laws
relative to the registration and licensing of motor vehicles, payment of the
regular license fees for license plates as provided by law, payment of a
manufacturing fee of $25.00, and payment of an additional annual registration
fee of $25.00 which fee shall be collected by the county tag agent at the time
of collection of other registration fees and shall be remitted as provided in
Code Section 40-2-34, shall be issued license plates as prescribed in Code
Section 40-2-31 in duplicate for use on their official or private passenger
automobiles. Such license plates shall be fastened to both the front and the
rear of the vehicle. No more than two sets of honorary consular corps license
plates shall be issued to any country. Such plates shall not be used by any
person after his or her appointment has ended.
(b)
License plates issued under this Code section shall not be transferred so as to
be used by any person other than the person to whom such plate was originally
issued but shall be transferred to another vehicle as provided in Code Section
40-2-80.
(c) The commissioner is authorized to
establish procedures and promulgate rules and regulations for carrying out this
Code section.
40-2-65.
[
Index ]
(a)(1) Motor vehicle owners who are assigned or
attached members of troop program units of any branch of the active reserve
components of the United States inside or outside the State of Georgia shall be
eligible to receive free motor vehicle license plates for private passenger
cars, motorcycles, or trucks used for personal transportation. Motor vehicle
owners who are members of any National Guard unit in a state adjoining the State
of Georgia and for whom there is no National Guard unit in the county of their
residence shall be eligible to receive free motor vehicle plates for private
passenger cars, motorcycles, or trucks used for personal transportation to
identify such vehicle owner as a reservist. Such license plates shall be issued
in compliance with the state motor vehicle laws relating to registration and
licensing of motor vehicles as prescribed in Article 2 of this chapter. No
person shall be entitled to more than one free motor vehicle license plate for
any calendar year; provided, however, that, upon payment of the regular license
fee provided for in Code Section 40-2-151 and a manufacturing fee of $25.00, a
reservist shall be entitled to receive one additional such license plate. For
each additional license plate for which an initial $25.00 fee was required,
there shall be an additional annual registration fee of $25.00, which fee shall
be collected by the county tag agent at the time of collection of other
registration fees and shall be remitted to the state as provided in Code Section
40-2-34. Additional words or symbols in addition to numbers and letters
prescribed by law shall be inscribed upon such license plates so as to identify
distinctively the owner as a member of one of the following branches of the
United States military reserve: Army, Navy, Marines, Air Force, or Coast Guard.
The commanding officer of each active reserve component program unit or the
adjutant general of the National Guard unit of each neighboring state shall,
upon request of any reserve member or National Guard member of that unit,
respectively, furnish to that member approved documentation supporting the
member´s current membership in the respective reserve or National Guard
unit. This documentation shall be presented annually to the tax commissioner of
the county in which the reserve member or National Guard member applies for the
special license plate under this Code section and upon subsequent reregistration
for each succeeding year.
(2) Motor vehicle owners
who are retired from any branch of the active reserve components whose active
reservists are eligible to obtain free motor vehicle license plates under
paragraph (1) of this subsection, upon application for license plates and upon
compliance with the state motor vehicle laws relating to registration and
licensing of motor vehicles as prescribed under Article 2 of this chapter, shall
be issued, free of charge, a license plate as prescribed in that article for
private passenger cars, motorcycles, or trucks used for personal transportation.
Each such retired member shall be entitled to no more than one such free plate
for any calendar year; provided, however, that, upon payment of the regular
license fee provided for in Code Section 40-2-151 and a manufacturing fee of
$25.00, a retired member shall be entitled to receive one additional such
license plate. For each additional license plate for which an initial $25.00
fee was required, there shall be an additional annual registration fee of
$25.00, which fee shall be collected by the county tag agent at the time of
collection of other registration fees and shall be remitted to the state as
provided in Code Section 40-2-34. The license plates issued pursuant to this
paragraph shall, in addition to the numbers and letters prescribed by law, be
identical to those issued pursuant to paragraph (1) of this subsection to
members of the branch of the active reserve component from which that person
retired. The commanding officer of each active reserve component program unit
shall, upon request of any retired reserve member from that unit, furnish to
that retired member approved documentation supporting the retired member´s
current retired membership status from that reserve unit. This documentation
shall be presented to the tax commissioner of the county in which the retired
reserve member applies for the special license plate under this Code section.
(b)(1) Upon transfer of the ownership of a private
passenger vehicle upon which there is a license plate distinctively identifying
the owner thereof as a member of one of the components of the United States
military reserve, whether the owner is an active or retired reservist, and
acquisition by the reservist of another motor vehicle, the license plate issued
pursuant to this Code section shall be placed on such newly acquired motor
vehicle, and such reservist shall notify the commissioner of such transfer of
the license plate to such newly acquired motor vehicle in such manner as the
commissioner may prescribe by regulation. No transfer or cancellation fee shall
be charged for the transfer of free reservist license plates. There shall be a
transfer and cancellation fee of $5.00 for the transfer of any other reservist
license plate.
(2) Should an active reservist who has
been issued a license plate or license plates be discharged or otherwise
separated, except by retirement, from his or her reserve unit, the immediate
commanding officer of such active reservist shall obtain the discharged
member´s license plate or license plates at the time of the discharge and
shall forward same to the commissioner along with a certificate to the effect
that such person has been discharged, and thereupon the commissioner shall issue
a regular license plate, at no additional charge, to such former reservist to
replace the reservist plate or plates. Should an active reservist enlist or be
commissioned after purchasing a regular license plate for his or her current
registration period, the commanding officer of the unit in which such person
enlists or is commissioned shall likewise secure the regular license plate of
such person and return same to the commissioner, along with a certificate to the
effect that such person has been enlisted or commissioned in a troop program
unit of the reserve components, and the effective date thereof, whereupon the
commissioner shall issue a reservist license plate, at no extra charge, to such
new member to replace the returned regular plate. Upon such request for a change
in plate for a discharged reservist or a newly enlisted reservist, the
commanding officer shall furnish such member with a copy of the commanding
officer´s letter to the commissioner requesting the appropriate change in
plate, which copy of such letter may be used by such member pending the issuance
of the new plate.
(c) The commissioner shall
promulgate such rules and regulations as may be necessary to enforce compliance
with all state license laws relating to the use and operation of private
passenger cars, motorcycles and trucks before issuing these plates in lieu of
the regular Georgia license plates, and all applications for such plates shall
be made to the commissioner. The commissioner is specifically authorized to
promulgate all rules and regulations necessary to ensure compliance in instances
where such vehicles have been transferred or sold. Except as provided in
subsection (b) of this Code section, such plates shall be nontransferable.
40-2-66.
[
Index ]
(a)(1) Motor
vehicle owners who are members of the Georgia National Guard, upon application
for license plates and upon compliance with the state motor vehicle laws
relating to registration and licensing of motor vehicles as prescribed under
Article 2 of this chapter, shall be issued, free of charge, a license plate, as
prescribed in that article for private passenger cars, motorcycles, or trucks
used for personal transportation. Each member of the Georgia National Guard
shall be entitled to no more than one such free plate at a time; provided,
however, that, upon payment of the regular license fee provided for in Code
Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to
one additional such license plate. For each additional license plate for which
an initial $25.00 fee was required, there shall be an additional annual
registration fee of $25.00 which fee shall be collected by the county tag agent
at the time of collection of other registration fees and shall be remitted to
the state as provided in Code Section 40-2-34. Additional words or symbols, in
addition to the numbers and letters prescribed by law, shall be inscribed upon
such license plates so as to identify distinctively the owner as a member of the
Georgia National Guard. The adjutant general of Georgia shall, upon request of
any member of that National Guard unit, furnish to that member approved
documentation supporting the member´s current membership in that National
Guard unit. This documentation shall be presented annually to the tax
commissioner of the county in which the National Guard member applies for the
special license plate under this Code section and upon subsequent reregistration
for each succeeding year.
(2) Motor vehicle owners
who are retired members of the Georgia National Guard, upon application for
license plates and upon compliance with the state motor vehicle laws relating to
registration and licensing of motor vehicles as prescribed under Article 2 of
this chapter, shall be issued, free of charge, a license plate as prescribed in
that article for private passenger cars, motorcycles, or trucks used for
personal transportation. Each retired member of the Georgia National Guard shall
be entitled to no more than one such free plate at a time; provided, however,
that, upon payment of the regular license fee provided for in Code Section
48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one
additional such license plate. For each additional license plate for which an
initial $25.00 fee was required, there shall be an additional annual
registration fee of $25.00 which fee shall be collected by the county tag agent
at the time of collection of other registration fees and shall be remitted to
the state as provided in Code Section 40-2-34. The license plates issued
pursuant to this paragraph shall, in addition to the numbers and letters
prescribed by law, be identical to those issued pursuant to paragraph (1) of
this subsection. The adjutant general of Georgia shall, upon request of any
member retired from that National Guard unit, furnish to that retired member
approved documentation supporting the member´s retired membership status in
that National Guard unit. This documentation shall be presented annually to the
tax commissioner of the county in which the retired National Guard member
applies for the special license plate under this Code section and upon
subsequent reregistration for each succeeding year.
(b) Upon transfer of the ownership of a private
passenger vehicle upon which there is a license plate bearing the words
'National Guard' and acquisition by the member or retired member of the National
Guard of another motor vehicle, the license plate issued pursuant to this Code
section shall be placed on such newly acquired motor vehicle and such member or
retired member shall notify the commissioner of such transfer of the license
plate to such newly acquired motor vehicle in such manner as the commissioner
may prescribe by regulation and shall pay a transfer and cancellation fee of
$5.00 and shall also pay license fees in an amount, if any, that the license fee
for the newly acquired vehicle exceeds the license fee of the original vehicle.
No transfer or cancellation fee shall be charged for the transfer of free
National Guard license plates. There shall be a transfer and cancellation fee of
$5.00 for the transfer of any other National Guard license plate. Should a
member of the National Guard who has been issued a National Guard license plate
be discharged or otherwise separated except by retirement from the National
Guard, the immediate commanding officer of such member shall obtain the
discharged member´s National Guard license plate or plates at the time of
the discharge and shall forward same to the commissioner along with a
certificate to the effect that such member has been discharged, and thereupon
the commissioner shall issue a regular license plate or plates, at no additional
charge, to such former National Guard member to replace the National Guard
plate. Should a member of the National Guard enlist or be commissioned in the
National Guard after purchasing a regular license plate for the current year,
the commanding officer of the unit in which such member enlists or is
commissioned shall likewise secure the regular license plate of such new member
and return same to the commissioner, along with a certificate to the effect that
such new member has been enlisted or commissioned in the National Guard and the
effective date thereof, whereupon the commissioner shall issue a National Guard
license plate, at no extra charge, to such new member to replace the returned
regular plate. Upon such request for a change in plate for a discharged member
of the National Guard or a newly enlisted member of the National Guard, the
commanding officer shall furnish such member with a copy of the commanding
officer´s letter to the commissioner requesting the appropriate change in
plate, which copy of such letter may be used by such member pending the issuance
of the new plate.
(c) The commissioner shall furnish
to the sheriff of each county in the state an alphabetical arrangement of the
list of names, addresses, and license plate letters of each person to whom a
license plate is issued under this Code section, and it shall be the duty of the
sheriffs of the state to maintain and to keep current such lists for public
information and inquiry.
(d) The commissioner shall
make such rules and regulations as necessary to enforce compliance with all
state license laws relating to the use and operation of a private passenger car
before issuing National Guard plates in lieu of the regular Georgia license
plates, and all applications for such plates shall be made to the commissioner.
The commissioner is specifically authorized to make all rules and regulations
necessary to make adequate provision for instances where such vehicles have been
transferred or sold. Except as provided in subsection (b) of this Code section,
such plates shall be nontransferable.
40-2-67.
[
Index ]
(a) The state commanders of nationally chartered
veterans´ organizations, upon application and compliance with the state
motor vehicle laws relative to the registration and licensing of motor vehicles,
upon payment of the regular license fees for license plates as provided by law,
and upon the payment of an additional initial fee of $25.00 and an additional
annual registration fee of $25.00 which fee shall be collected by the county tag
agent at the time of collection of other registration fees and shall be remitted
as provided in Code Section 40-2-34, shall be issued license plates as
prescribed in Code Section 40-2-31 for use on their official or private
passenger automobiles, upon which, in lieu of the numbers prescribed by said
Code section, shall be such figures or symbols indicative of the office held by
such individuals as may be prescribed by the commissioner.
(b) License plates issued under this Code section may
not be transferred so as to be used by any person other than the person to whom
such plate was originally issued but shall be transferred to another vehicle as
provided in Code Section 40-2-80, except that such plates shall not be used by
any person after vacating the office of commander of any of the organizations
enumerated in this Code section.
40-2-68.
[
Index ]
(a) Motor vehicle owners who have been awarded the
Medal of Honor and who are residents of this state, upon complying with the
motor vehicle laws relating to registration and licensing of motor vehicles,
shall be issued two distinctive personalized license plates free of charge. Such
license plates shall be fastened to both the front and the rear of the vehicle.
Such license plates shall be transferred to another vehicle as provided in Code
Section 40-2-80.
(b) The commissioner may begin
issuing distinctive personalized license plates to such Medal of Honor winners
for the year 1980 and thereafter.
(c) The
commissioner is authorized and directed to design the license plate, establish
procedures, and promulgate rules and regulations to effectuate the purposes of
this Code section.
40-2-69.
[
Index ]
(a) Any veteran who was discharged under honorable
conditions and who served on active duty in the armed forces of the United
States or on active duty in a reserve component of the United States, including
the National Guard, shall, upon application therefor, be issued a free motor
vehicle license plate upon presentation of proof that such veteran is receiving
or that he or she is entitled to receive a statutory award from the United
States Department of Veterans Affairs for:
(1) Loss
or permanent loss of use of one or both feet;
(2)
Loss or permanent loss of use of one or both hands;
(3) Loss of sight in one or both eyes;
or
(4) Permanent impairment of vision of both eyes of
the following status: central visual acuity of 20/200 or less in the better eye,
with corrective glasses, or central visual acuity of more than 20/200 if there
is a field defect in which the peripheral field has contracted to such an extent
that the widest diameter of visual field subtends on angular distance no greater
than 20 degrees in the better eye.
(b) Any veteran
who was discharged under honorable conditions and who has been adjudicated by
the United States Department of Veterans Affairs as being 100 percent totally
disabled and entitled to receive service connected benefits shall, upon
application therefor, be issued a free motor vehicle license plate upon
presentation of proof that he or she is receiving or that he or she is entitled
to receive benefits for a 100 percent service connected disability, as long as
he or she is 100 percent disabled. A veteran who claims that such 100 percent
total disability is permanent shall furnish proof of such permanent disability
through a letter from the United States Department of Veterans Affairs.
(c)(1) Once a veteran has established his or her
eligibility to receive free motor vehicle license plates as a result of being
permanently disabled, he or she shall be entitled to receive free plates or free
revalidation decals in succeeding years on any automobile, private passenger
pickup truck, motorcycle, station wagon, or van type vehicle of three-quarter
tons or less that he or she may own or jointly with his or her spouse own or
acquire in the future.
(2) Once a veteran has
established his or her eligibility to receive free motor vehicle license plates
as a result of having a 100 percent total disability which has not been
determined to be a permanent disability, he or she shall be entitled to receive
free plates or free revalidation decals in succeeding years upon furnishing, on
an annual basis, proof of such 100 percent disability through a letter from the
United States Department of Veterans Affairs. Such free plates or free
revalidation decals shall apply to any automobile, private passenger pickup
truck, motorcycle, station wagon, or van type vehicle of three-quarter tons or
less that he or she may own or jointly with his or her spouse own or acquire in
the future.
(3)(A) Two license plates or revalidation
decals each year shall be furnished for vehicles other than motorcycles to
veterans qualifying under this Code section unless the originals are lost. Such
plates shall be fastened to both the front and the rear of the vehicle.
(B) One license plate or revalidation decal each year
shall be furnished for motorcycles to veterans qualifying under this Code
section unless the original is lost. Such plate shall be fastened to the rear of
the vehicle.
40-2-70.
[
Index ]
Any citizen and resident of the State of Georgia who
has been discharged from the armed forces under conditions other than
dishonorable, who is disabled to any degree specified and enumerated in Code
Section 40-2-69, and who is the owner of a private passenger motor vehicle, but
who cannot qualify under Code Section 40-2-69, shall be entitled to a special
and distinctive automobile license plate. Such license plate shall be
transferred to another vehicle acquired by such veteran or jointly by such
veteran and his or her spouse as provided in Code Section 40-2-80. Such veteran
shall be entitled to such plate regardless of whether he or she is suffering
from a service connected or nonservice connected disability. Such veteran must
apply for such license plate and, upon compliance with the state motor vehicle
laws for licensing of motor vehicles and payment of the regular license fee for
plates as prescribed under Article 7 of this chapter, such veteran shall be
issued similar license plates as prescribed in Code Section 40-2-71 for private
passenger cars. There shall be no charge for the additional plate issued such
veteran under this Code section. If a veteran has not been certified as disabled
by the United States Department of Veterans Affairs, such veteran may submit to
the Department of Veterans Service such veteran´s discharge papers and a
certified statement from a physician, licensed under Chapter 34 of Title 43,
certifying that in the opinion of such physician such veteran is disabled to a
degree enumerated in Code Section 40-2-69. If the certificate from the physician
indicates the qualifying disabilities which meet the standards of the United
States Department of Veterans Affairs, the commissioner of veterans service
shall submit a letter to the commissioner of motor vehicle safety indicating
that the veteran meets the requirements of this Code section and qualifies for a
special license plate as provided in this Code section.
40-2-71.
[
Index ]
(a) The
commissioner is directed to furnish the license plates provided for in Code
Sections 40-2-69 and 40-2-70. Such plates shall be printed in three colors: red,
white, and blue. The commissioner is authorized and directed to design the
license plate. Each plate shall contain, in bold characters, the name of the
state, or abbreviation thereof, the year, the serial number, and either the
words 'Disabled Veteran' or 'Disabled Vet.'
(b) Such
license plates so issued shall be transferred to another vehicle as provided in
Code Section 40-2-80.
(c) No disabled veteran shall
be entitled to own or operate more than one vehicle with the free license plates
provided by Code Sections 40-2-69, 40-2-70, and this Code section.
40-2-71.1.
Repealed.
40-2-72.
[
Index ]
Any person
evading or violating any provision of Code Sections 40-2-69 through 40-2-71 or
attempting to secure benefits under those Code sections to which he is not
entitled shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than two nor more than five years.
40-2-73.
[
Index ]
(a) As used in
this Code section, the term 'prisoners of war' means those veterans of the armed
forces of the United States who were discharged under honorable conditions and
who were captured and held prisoner by forces hostile to the United States while
serving in the armed forces of the United States in World War I, World War II,
the Korean War, or the Vietnam War.
(b) Owners of
motor vehicles who are veterans of the armed forces of the United States, who
have been prisoners of war, who were discharged under honorable conditions, and
who are residents of this state, upon complying with the motor vehicle laws
relating to registration and licensing of motor vehicles, shall be issued one
distinctive personalized license plate free of charge and, upon the payment of
the appropriate taxes and registration fees, shall be issued additional
distinctive personalized license plates. Such license plates shall be
transferred to another vehicle acquired by such person individually or jointly
with his or her spouse as provided in Code Section 40-2-80. Such license plates
shall be fastened to the rear of the vehicles.
(c)
The spouse of a deceased former prisoner of war shall continue to be eligible to
be issued a distinctive personalized license plate as provided in this Code
section so long as such person does not remarry.
(d)
The commissioner is authorized and directed to design the license plate,
establish procedures, and promulgate rules and regulations to effectuate the
purposes of this Code section.
(e) The commissioner
may begin issuing distinctive personalized license plates to such prisoners of
war for the year 1982 and thereafter.
40-2-74.
[
Index ]
(a) Prior to July 1, 1999, any motor vehicle owner
who is a resident of Georgia, upon complying with the motor vehicle laws
relating to registration, licensing, and payment of fees and upon submitting
satisfactory proof to the commissioner or one of his or her agents that he or
she has permanently lost the use of a leg or both legs, or an arm or both arms,
or any combination thereof, or is so severely disabled as to be unable to move
without the aid of crutches or a wheelchair, shall be issued a specially
designated disabled person´s license plate from the commissioner. For
purposes of this subsection, presentation of an identification card for persons
with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall
constitute proof of disability.
(a.1) On and after
July 1, 1999, any owner of a private passenger motor vehicle with a gross
vehicle weight rating of less than 14,000 pounds who is a resident of Georgia,
upon complying with the motor vehicle laws relating to registration, licensing,
and payment of fees and upon submitting an affidavit of a practitioner of the
healing arts stating that the owner or his or her spouse, child, or ward is a
person with disabilities, as defined in paragraph (5) of Code Section 40-6-221,
whose disability or incapacity can be expected to last for more than 180 days
and stating the specific disability that limits or impairs the ability to walk,
shall be issued a specially designated disabled person´s license plate from
the commissioner. As used in this Code section, the term 'practitioner of the
healing arts' means a person holding a license to practice medicine, podiatric
medicine, or chiropractic issued pursuant to Article 2 of Chapter 34 of Title
43, Chapter 35 of Title 43, or Chapter 9 of Title 43, respectively.
(b) A hearing impaired person otherwise qualified
under this subsection shall be eligible to have issued to him or her a specially
designated disabled person´s license plate in accordance with this Code
section. As used in this Code section, 'hearing impaired person' shall have the
same meaning as defined in Code Section 24-9-101, except that the term 'hearing
impaired person' shall not include any person who is not qualified for a
driver´s license pursuant to Code Section 40-5-35, relating to reports by
physicians and vision specialists in connection with the issuance or revocation
of drivers´ licenses, as now or hereafter amended. For purposes of this
subsection, presentation of an identification card for persons with disabilities
issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof
of hearing impairment.
(c) Upon complying with the
motor vehicle laws relating to registration, licensing, and payment of fees and
upon submission of proof of disability as provided in subsection (a) or (a.1) of
this Code section, as applicable:
(1) Any resident
person who is the joint owner of a motor vehicle with a disabled person as
prescribed in this Code section shall be authorized to obtain such specialized
plates for such jointly owned vehicle; and
(2) Any
resident motor vehicle owner who is the spouse, parent, or legal guardian of a
person who is disabled as prescribed in this Code section shall be authorized to
obtain such specialized plates for such vehicle.
Upon
the death of the disabled person or if the joint ownership of such vehicle
ceases for any reason, the specialized license plate shall be canceled and the
owner of such motor vehicle shall be issued a regular license plate for such
vehicle.
(d) The commissioner is directed to furnish
such license plates as provided for in this Code section, which shall bear the
official international wheelchair symbol or a reasonable facsimile thereof, or
such other symbols as the commissioner may deem appropriate.
(e) The commissioner may begin issuing disabled
persons´ license plates with the year 1976. Any license plate issued
pursuant to the provisions of this Code section shall be transferred to another
vehicle as provided in Code Section 40-2-80.
(f) Any
person who is not a disabled person as prescribed in this Code section or a
person otherwise entitled to obtain such special license plates and who
willfully and falsely represents himself as having the qualifications to obtain
the special plates prescribed by this Code section shall be guilty of a
misdemeanor.
(f.1) Any practitioner of the healing
arts who knowingly and willfully makes a false or misleading statement in his or
her affidavit stating that an applicant is a disabled person as prescribed in
this Code section shall be guilty of a misdemeanor.
(g) Any person owning a vehicle bearing the special
plates and not entitled to do so under this Code section shall be guilty of a
misdemeanor.
40-2-75.
[
Index ]
(a) Motor vehicle owners who are residents of the
State of Georgia and who hold an unrevoked and unexpired official amateur radio
station license issued by the Federal Communications Commission, upon
application, accompanied by proof of ownership of such license, and upon full
compliance with the state motor vehicle laws in relation to registration and
licensing of motor vehicles shall be issued, free of charge, a special design
license plate for a private passenger vehicle upon which shall be inscribed the
official amateur radio call letters of such applicant as assigned by the Federal
Communications Commission. Each licensed amateur radio operator shall be
entitled to no more than one such free plate at a time. The commissioner may
consult with licensed amateur radio operators residing in the State of Georgia
in the design of the special license plate authorized by this subsection.
(b) The commissioner shall, on or before March 1 in
each year, furnish to the sheriff of each county in the State of Georgia an
alphabetical arrangement of the list of names, addresses, and license plate
letters of each person to whom a license plate is issued under this Code
section, and it shall be the duty of the sheriffs of the state to maintain and
to keep current such lists for public information and inquiry.
(c) The commissioner shall make such rules and
regulations as necessary to ascertain compliance with all state license laws
relating to use and operation of a private passenger vehicle before issuing
these plates in lieu of the regular Georgia license plate. Such plates shall be
transferred to another vehicle as provided in Code Section 40-2-80.
(d) No person to whom license plates are issued under
this Code section shall receive compensation in any form for his services in
making amateur radio communication available to the public or to individuals,
firms, corporations, or organizations.
40-2-75.1.
Repealed.
40-2-75.2.
Repealed.
40-2-76.
[
Index ]
(a) As used in this Code section, the term:
(1) 'Alternative fuel' means methanol, denatured
ethanol, and other alcohols; mixtures containing 85 percent or more or such
other percentage, but not less than 70 percent, as determined by the United
States secretary of energy, by rule as it existed on January 1, 1997, to provide
for requirements relating to cold start, safety, or vehicle functions, by volume
of methanol, denatured ethanol, and other alcohols with gasoline or other fuels;
natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels
other than alcohol derived from biological materials; electricity including
electricity from solar energy; and any other fuel the United States secretary of
energy determined by rule as it existed on January 1, 1997, is substantially not
petroleum and would yield substantial energy security benefits and substantial
environmental benefits.
(2) 'Alternative fueled
vehicle' means:
(A) Any vehicle fueled by alternative
fuel as defined in paragraph (1) of this subsection;
or
(B) A hybrid vehicle, which means a motor vehicle
which draws propulsion energy from onboard sources of stored energy which
include an internal combustion or heat engine using combustible fuel and a
rechargeable energy storage system; and, in the case of a passenger automobile
or light truck, means for any 2000 and later model, a vehicle which has received
a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et
seq., and meets or exceeds the equivalent qualifying California low-emission
vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section
7583(c)(2), for that make and model year or, for any 2004 and later model, a
vehicle which has received a certificate that such vehicle meets or exceeds the
Bin 5 Tier II emission level established in regulations prescribed by the
administrator of the Environmental Protection Agency under Section 202(i) of the
Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle
and which achieves a composite label fuel economy greater than or equal to 1.5
times the Model Year 2002 EPA composite class average for the same vehicle class
and which is made by a manufacturer.
(b) Subject to
subsection (d) of this Code section, the commissioner shall design a special
license plate to be issued for alternative fueled vehicles, which license plate
shall be similar in design to the license plate issued to all other residents of
the state except that the commissioner shall place a distinctive logo or emblem
immediately to the left of the letters and numbers on the license plate which
shall distinguish the vehicle as an alternative fueled vehicle eligible to
travel in travel lanes designated for such vehicles under paragraph (4) of
subsection (a) of Code Section 32-9-4. The words 'alternative fueled vehicle'
shall be imprinted on such special license plate in lieu of the county name
decal.
(c) Any resident motor vehicle owner desiring
a special alternative fueled vehicle license plate shall submit to the
commissioner a completed application form for such vehicle. If the alternative
fuel used by a vehicle is electricity, including without limitation electricity
from solar energy, the applicant shall submit a $25.00 highway user fee in
addition to the regular motor vehicle registration fee. Upon complying with the
motor vehicle registration and licensing laws and the requirements of this
subsection and subject to subsection (d) of this Code section, a resident motor
vehicle owner shall be issued a special license plate under this Code section.
(d) The commissioner shall retain all applications
received for alternative fueled vehicle license plates until a minimum of 500
applications has been received. After receipt of 500 applications for an
alternative fueled vehicle license plate, the commissioner will then design an
alternative fueled vehicle license plate. If the commissioner does not receive
the required minimum of 500 applications no later than July 31 of the year
preceding the year of issuance of such plates, the commissioner shall not accept
any applications for such license plates and all fees shall be refunded to
applicants.
(e) Special license plates issued under
this Code section shall be renewed annually with a revalidation decal as
provided in Code Section 40-2-31; provided, however, that such a special license
plate for an alternative fueled vehicle fueled by electricity, including without
limitation electricity from solar energy, shall not be renewed without payment
of an additional $25.00 annual highway user fee for each such renewal, which fee
shall be collected by the county tag agent at the time of collection of other
registration fees and shall be remitted to the state as provided in Code Section
40-2-34.
(f) Reserved.
(g)
The commissioner shall promulgate such rules and regulations as may be necessary
to ensure that an applicant complies with all motor vehicle registration and
licensing laws prior to issuance of a special license plate under this Code
section. The commissioner is specifically authorized to promulgate all rules and
regulations necessary to ensure compliance in instances where such vehicles have
been transferred or sold.
(h) Special license plates
issued under this Code section shall not be transferred between vehicles as
provided for in Code Section 40-2-80.
40-2-77.
[
Index ]
(a) As used in this Code section, the term 'antique
or hobby or special interest vehicle' means any motor vehicle which is over 25
years old or a motor vehicle which has been designed and manufactured to
resemble an antique or historical vehicle and which is owned as a
collector´s item and for participation in club activities, exhibitions,
tours, parades, and similar uses but which may be used for general
transportation.
(b) Upon application, registration,
and payment of an annual registration fee of $20.00, the commissioner shall
issue a special license plate, as described in this Code section, for every
antique or hobby or special interest vehicle within the state which is a private
passenger car, truck weighing less than 14,000 pounds, or motorcycle.
(c) For antique vehicles or hobby or special interest
vehicles, said license plates shall be of metal at least four inches wide and
not less than seven inches in length and shall show in bold characters the words
'Antique Vehicle' or 'Hobby or Special Interest Vehicle,' as appropriate, the
full name or the abbreviation of the name of the state, distinctive numbers or
letters or a combination thereof, and other distinctive markings as in the
judgment of the commissioner will to the best advantage advertise, popularize,
and otherwise promote the state.
(d) The commissioner
shall make such rules and regulations as necessary to ascertain compliance with
all state license laws relating to use and operation of a private passenger car,
truck weighing less than 14,000 pounds, or motorcycle, as applicable, before
issuing these plates in lieu of the regular Georgia license plate.
(e) Special plates issued under this Code section
shall be transferred to another antique or hobby or special interest vehicle as
provided by Code Section 40-2-80.
(f) Any vehicle for
which an antique vehicle or hobby or special interest vehicle license plate has
been issued pursuant to this Code section may be operated upon the roadways of
this state in the same manner and under the same conditions as any vehicle
bearing a regular Georgia license plate. No owner of such antique vehicle or
hobby or special interest vehicle shall be required to obtain any special
permits for its operation on the roads of this state.
40-2-78.
[
Index ]
(a) Any
resident motor vehicle owners who are firefighters certified pursuant to Article
1 of Chapter 4 of Title 25 and who are members of fire departments certified
pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are
certified firefighters of legally organized volunteer fire departments which
have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an
application to the commissioner for a special and distinctive vehicle license
plate identifying the owner as a certified firefighter for a private passenger
car or truck used for personal transportation. The commissioner shall retain all
applications for such special firefighters´ license plates until a minimum
of 500 applications have been received. If the commissioner does not receive the
required minimum 500 applications no later than July 31 of the year preceding
the initial year of issuance of such plates, no such special plates shall be
issued and all fees shall be refunded to applicants. Such license plates shall
be issued in compliance with the state motor vehicle laws relating to
registration and licensing of motor vehicles as prescribed in Article 2 of this
chapter. No firefighter shall be entitled to more than one special and
distinctive motor vehicle license plate. Such license plate shall be inscribed
with such letters, numbers, words, symbols, or a combination thereof as
determined by the commissioner to identify the owner as a certified firefighter.
The chiefs of the various fire departments shall furnish to the commissioner a
list of the certified firefighters of their fire departments who reside in
Georgia which list shall be updated as necessary.
(b)(1) The license plate issued pursuant to this Code
section shall be transferred between vehicles as provided in Code Section
40-2-80.
(2) Should a certified firefighter who has
been issued a special and distinctive license plate be separated from such
firefighter´s department for any reason other than retirement from
employment, the chief of such fire department shall obtain the separated
member´s license plate at the time of the separation and shall forward same
to the commissioner along with a certificate to the effect that such person has
been separated, and thereupon the commissioner shall reissue a regular license
plate, at no additional charge, to such former certified firefighter to replace
the special and distinctive plate. Should a certified firefighter return to
service with the same or another fire department, the chief of such fire
department shall likewise secure the regular license plate of such person and
return same to the commissioner, along with a certificate to the effect that
such person has become a member of the fire department, and the effective date
thereof, whereupon the commissioner shall, upon application and upon the payment
of a $25.00 manufacturing fee and all other applicable registration and
licensing fees at the time of registration, reissue a special and distinctive
license plate to such new member to replace the returned regular plate. Upon
such request for a change in plate for a certified firefighter who is separated
from a fire department, the chief of the fire department shall furnish such
member with a copy of the chief´s letter to the commissioner requesting the
appropriate change in plate, which copy of such letter may be used by such
member pending the issuance of the new plate.
(3)
Motor vehicle owners who were firefighters certified pursuant to Article 1 of
Chapter 4 of Title 25, were members of fire departments certified pursuant to
Article 2 of Chapter 3 of Title 25, and who retired from employment as such
shall continue to be eligible for the firefighter license plates issued under
this Code section the same as if they continued to be certified and employed as
firefighters. Whenever such a certified firefighter who has been issued a
special and distinctive license plate is retired from employment with such
firefighter´s department, the chief of such fire department shall forward
to the commissioner a certificate to the effect that such person has been
retired.
(c) The commissioner shall promulgate such
rules and regulations as may be necessary to enforce compliance with all state
license laws relating to the use and operation of private passenger cars and
trucks before issuing these plates in lieu of the regular Georgia license
plates, and all applications for such plates shall be made to the commissioner.
The manufacturing fee for such a special and distinctive license plate shall be
$25.00. The commissioner is specifically authorized to promulgate all rules and
regulations necessary to ensure compliance in instances where such vehicles have
been transferred or sold. Except as provided in subsection (b) of this Code
section, such plates shall be nontransferable.
(d)
Special license plates issued under this Code section shall be renewed annually
with a revalidation decal as provided in Code Section 40-2-31. It shall be a
requirement that a county name decal be affixed and displayed on license plates
issued under this Code section.
40-2-79.
Reserved.
40-2-80.
[
Index ]
Except as otherwise provided by law, the commissioner
shall provide by rules and regulations appropriate procedures whereby, upon the
payment of the fee prescribed in Code Section 40-2-42 for transfer of license
plates and revalidation decals, currently valid special and distinctive license
plates and special personalized prestige license plates authorized by this
article shall be transferred from one vehicle to another vehicle of the same
class of which ownership is acquired following that person´s or those
persons´ ceasing to own or operate on the public roads the vehicle for
which such plate was originally issued and during the initial registration
period for the acquired vehicle. If the vehicle acquired by such person is of a
different class than the vehicle no longer owned or operated by such person,
then upon payment by such person of any additional fee for registering such
acquired vehicle, the commissioner shall issue a new license plate to such
person for use on such vehicle. Special license plates and revalidation decals
for such plates may be transferred in accordance with the provisions of this
Code section at any time after issuance or renewal thereof and until the
expiration of the period for which issued.
40-2-81.
Reserved.
40-2-82.
[
Index ]
The
commissioner of public safety shall be issued distinctive license plates to be
used on motor vehicles assigned to the Department of Public Safety and operated
by troopers of the Georgia State Patrol. The distinctive plates shall be issued
free of charge in accordance with procedures agreed upon by the commissioner of
public safety and the commissioner of motor vehicle safety. License plates
issued pursuant to this Code section need not contain a place for the county
name decal and no county name decal need be affixed to a license plate issued
pursuant to this Code section.
40-2-83.
[
Index ]
(a) Notwithstanding any other provision of law, any
resident person who is authorized to obtain a special or prestige license plate
pursuant to this article may, upon complying with the motor vehicle laws
relating to licensing, registration, and fees, obtain such special or prestige
license plate in his or her own name and the name of any other person with whom
he or she jointly owns a motor vehicle.
(b) Special
or prestige license plates issued pursuant to this article to joint owners shall
be transferred to another vehicle having the same joint owners as provided by
Code Section 40-2-80.
(c) If any resident person who
is authorized to obtain a special or prestige license plate and who has been
issued a special or prestige plate for a jointly owned vehicle dies or for any
other reason is no longer a joint owner of such vehicle, the surviving owner of
such vehicle shall surrender the license plate to the commissioner and shall
obtain a regular license plate or some other type of special or prestige license
plate upon complying with the motor vehicle laws relating to registration,
licensing, and fees.
40-2-84.
[
Index ]
(a) Motor vehicle or boat trailer owners who are
veterans of the armed forces of the United States who have been awarded the
Purple Heart citation shall be eligible to receive a special and distinctive
vehicle license plate for a private passenger car or truck used for personal
transportation or for a boat trailer, provided that the requisite number of
applications are received by the commissioner as provided in subsection (b) of
this Code section. Such license plate shall be issued in compliance with the
state motor vehicle laws relating to registration and licensing of motor
vehicles as prescribed in Article 2 of this chapter.
(b) A veteran who qualifies for the special and
distinctive license plate pursuant to subsection (a) of this Code section shall
make application therefor with the commissioner and include the requisite fee.
Said applicant may apply for and be limited to not more than one free license
plate at a time; provided, however, that upon payment of the regular license fee
provided for in Code Section 40-2-151 and payment of the manufacturing fee
provided for in this Code section, a veteran may obtain an additional such
license plate. The commissioner shall retain all applications received for such
special and distinctive license plate until a minimum of 250 applications have
been received. After receipt of 250 applications for such distinctive license
plate, the commissioner shall design a distinctive license plate as provided in
subsection (c) of this Code section and issue the distinctive license plates to
present and future qualifying applicants. If the commissioner does not receive
the required minimum 250 applications no later than July 31 of the year
preceding the year of issuance of such plates, the commissioner shall not accept
any applications for nor issue such distinctive license plates and all fees
shall be refunded to applicants. The commissioner shall promulgate such rules
and regulations as may be necessary to enforce compliance with all state license
laws relating to the use and operation of private passenger cars and trucks and
boat trailers before issuing these license plates in lieu of the regular Georgia
license plates. The manufacturing fee for each additional special and
distinctive license plate shall be $25.00. The commissioner is specifically
authorized to promulgate all rules and regulations necessary to ensure
compliance in instances where such vehicles have been transferred or sold.
Except as provided in subsection (d) of this Code section, such plates shall be
nontransferable.
(c) The special and distinctive
vehicle license plates shall be as prescribed in Article 2 of this chapter for
private passenger cars or trucks used for personal transportation or for boat
trailers. Additional words or symbols, in addition to the numbers and letters
prescribed by law, shall be inscribed upon such license plates so as to identify
distinctively the owner as a Purple Heart recipient.
(d) The license plate issued pursuant to this Code
section shall be transferred between vehicles as provided in Code Section
40-2-80. The spouse of a deceased veteran of the armed forces of the United
States who was awarded the Purple Heart citation shall continue to be eligible
to be issued a distinctive personalized license plate as provided in this Code
section for any vehicle owned by such veteran ownership of which is transferred
to the surviving spouse or for any other vehicle owned by such surviving spouse
either at the time of the qualifying veteran´s death or acquired
thereafter, so long as such person does not remarry.
(e) For each additional special license plate issued
under this Code section there shall be an additional $25.00 annual registration
fee which fee shall be collected by the county tag agent at the time of
collection of other registration fees and shall be remitted to the state as
provided in Code Section 40-2-34.
40-2-85.
[
Index ]
(a) Motor vehicle owners who are veterans of the
armed forces of the United States who survived the Japanese attack on Pearl
Harbor on December 7, 1941, shall be eligible to receive special and distinctive
vehicle license plates for private passenger cars, trucks, or recreational
vehicles used for personal transportation, provided that the requisite number of
applications are received by the commissioner as provided in subsection (b) of
this Code section. Such license plates shall be issued in compliance with the
state motor vehicle laws relating to registration and licensing of motor
vehicles as prescribed in Article 2 of this chapter.
(b) A veteran who qualifies for the special and
distinctive license plate pursuant to subsection (a) of this Code section shall
make application therefor with the commissioner and include the requisite fee.
The commissioner shall design a distinctive license plate as provided in
subsection (c) of this Code section and issue the distinctive license plates to
present and future qualifying applicants. There shall be no minimum required
number of applicants for such distinctive license plate. The commissioner shall
promulgate such rules and regulations as may be necessary to enforce compliance
with all state license laws relating to the use and operation of private
passenger cars and trucks before issuing these license plates in lieu of the
regular Georgia license plates. The manufacturing fee for such special and
distinctive license plates shall be $25.00. The commissioner is specifically
authorized to promulgate all rules and regulations necessary to ensure
compliance in instances where such vehicles have been transferred or sold.
Except as provided in subsection (d) of this Code section, such plates shall be
nontransferable.
(c) The special and distinctive
vehicle license plates shall be as prescribed in Article 2 of this chapter for
private passenger cars or trucks used for personal transportation. Additional
words or symbols, in addition to the numbers and letters prescribed by law,
shall be inscribed upon such license plates so as to identify distinctively the
owner as a survivor of the Japanese attack on Pearl Harbor on December 7, 1941.
(d) The license plate issued pursuant to this Code
section shall be transferred between vehicles as provided in Code Section
40-2-80. The spouse of a deceased survivor of the Japanese attack on Pearl
Harbor on December 7, 1941, shall continue to be eligible to be issued a
distinctive personalized license plate as provided in this Code section for any
vehicle owned by such veteran ownership of which is transferred to the surviving
spouse or for any other vehicle owned by such surviving spouse either at the
time of the qualifying veteran´s death or acquired thereafter, so long as
such person does not remarry.
(e) Special license
plates issued under this Code section shall be renewed annually with a
revalidation decal as provided in Code Section 40-2-31. It shall be a
requirement that a county name decal shall be affixed and displayed on license
plates issued under this Code section.
(f) Any
resident motor vehicle owner who is the spouse or legal guardian of a person who
is disabled as prescribed in this Code section shall be authorized to obtain
such specialized plates for such vehicle.
40-2-85.1.
[
Index ]
(a)(1) Motor
vehicle owners who are retired veterans of the armed forces of the United States
or persons who served during World War I, World War II, the Korean War, the
Vietnam War, or Operation Desert Storm shall be eligible to receive special and
distinctive vehicle license plates for private passenger cars, trucks, or
recreational vehicles used for personal transportation. Such license plates
shall be issued in compliance with the state motor vehicle laws relating to
registration and licensing of motor vehicles as prescribed in Article 2 of this
chapter.
(2)(A) Motor vehicle owners who retired from
active duty with the armed forces of the United States shall be issued upon
application for and upon compliance with the state motor vehicle laws relating
to registration and licensing of motor vehicles a retired veteran´s license
plate. One such retired veteran´s license plate shall be issued without the
requisite registration fee, manufacturing fee, or annual registration fee.
(B) Each retired member of the armed forces shall be
entitled to no more than one such free license plate at a time; provided,
however, that upon payment of a manufacturing fee of $25.00, a member shall be
entitled to one additional such license plate. For each additional license plate
for which a $25.00 manufacturing fee is required, there shall be an additional
annual registration fee of $25.00 which fee shall be collected by the county tag
agent at the time of collection of other registration fees and shall be remitted
to the state as provided in Code Section 40-2-34.
(b)
The commissioner shall design a retired veteran´s license plate or a
distinctive license plate to commemorate service by the United States armed
forces in wars listed in subsection (a) of this Code section. The commissioner
shall promulgate such rules and regulations as may be necessary to enforce
compliance with all state license laws relating to the use and operation of
private passenger cars and trucks before issuing these license plates in lieu of
the regular Georgia license plates. The manufacturing fee for such special and
distinctive license plates shall be $25.00. The commissioner is specifically
authorized to promulgate all rules and regulations necessary to ensure
compliance in instances where such vehicles have been transferred or sold.
Except as provided in subsection (d) of this Code section, such plates shall be
nontransferable.
(c) The special and distinctive
vehicle license plates shall be as prescribed in Article 2 of this chapter for
private passenger cars or trucks used for personal transportation. Such plates
shall contain such words or symbols, in addition to the numbers and letters
prescribed by law, so as to identify distinctively the owners as retired
veterans of the armed forces of the United States or persons who served during
World War I, World War II, the Korean War, the Vietnam War, or Operation Desert
Storm and shall additionally, for such plates manufactured after July 1, 2001,
identify distinctly the owner as a veteran of one of the following branches of
the armed forces: Army, Navy, Marines, Air Force, or Coast Guard.
(d) The license plate issued pursuant to this Code
section shall be transferred between vehicles as provided in Code Section
40-2-80. The spouse of a deceased retired veteran of the armed forces of the
United States or of a deceased person who served during World War I, World War
II, the Korean War, the Vietnam War, or Operation Desert Storm shall continue to
be eligible to be issued a distinctive personalized license plate as provided in
this Code section for any vehicle owned by such veteran ownership of which is
transferred to the surviving spouse or for any other vehicle owned by such
surviving spouse either at the time of the qualifying veteran´s death or
acquired thereafter, so long as such person does not remarry.
(e) Special license plates issued under this Code
section, except as provided in subparagraph (a)(2)(A) of this Code section,
shall be renewed annually with a revalidation decal as provided in Code Section
40-2-31 upon payment of an additional $25.00 annual registration fee which fee
shall be collected by the county tag agent at the time of collection of other
registration fees and remitted to the state as provided in Code Section 40-2-34.
It shall be a requirement that a county name decal shall be affixed and
displayed on license plates issued under this Code section.
40-2-85.2.
[
Index ]
(a) On and
after January 1, 1999, motor vehicle owners who are United States armed forces
veterans of the Chosin Reservoir Campaign of 1950 in North Korea shall be
eligible to receive special and distinctive vehicle license plates for private
passenger cars, trucks under 14,000 pounds gross vehicle weight, or recreational
vehicles used for personal transportation. Such license plates shall be issued
in compliance with the state motor vehicle laws relating to registration and
licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A veteran who qualifies for the special and
distinctive license plate pursuant to subsection (a) of this Code section shall
make application therefor with the commissioner and include the requisite fee.
The commissioner shall design a distinctive license plate as provided in
subsection (c) of this Code section and issue the distinctive license plates to
qualifying applicants. There shall be no minimum required number of applicants
for such distinctive license plate. The commissioner shall promulgate such rules
and regulations as may be necessary to enforce compliance with all state license
laws relating to the use and operation of private passenger cars and trucks
before issuing these license plates in lieu of the regular Georgia license
plates. The additional manufacturing fee for such special and distinctive
license plates shall be $25.00. The commissioner is specifically authorized to
promulgate all rules and regulations necessary to ensure compliance in instances
where such vehicles have been transferred or sold.
(c)
The special and distinctive vehicle license plates shall be as prescribed in
Article 2 of this chapter for private passenger cars or trucks used for personal
transportation, except that the word 'CHOSIN' and no other letters shall be
placed horizontally immediately to the left of the numbers on the license plate
so as to distinctively identify the owner as a veteran of the Chosin Reservoir
Campaign of 1950 in North Korea.
(d) The license
plate issued pursuant to this Code section shall be transferred between vehicles
as provided in Code Section 40-2-80. The spouse of a deceased veteran of the
Chosin Reservoir Campaign of 1950 in North Korea shall continue to be eligible
to be issued a distinctive personalized license plate as provided in this Code
section for any vehicle owned by such veteran ownership of which is transferred
to the surviving spouse or for any other vehicle owned by such surviving spouse
either at the time of the qualifying veteran´s death or acquired
thereafter, so long as such person does not remarry.
(e) Special license plates issued under this Code
section shall be renewed annually with a revalidation decal, as provided in Code
Section 40-2-31, upon payment of an additional $25.00 annual registration fee
which fee shall be collected by the county tag agent at the time of collection
of other registration fees and shall be remitted to the state as provided in
Code Section 40-2-34. Special license plates issued under this Code section
shall be transferred between vehicles as provided in Code Section 40-2-80. It
shall be a requirement that a county name decal shall be affixed and displayed
on license plates issued under this Code section.
40-2-86.
Reserved.
40-2-86.1.
[
Index ]
(a) The
commissioner shall design a special license plate to be issued commemorating
square and round dancers, which license plate shall be similar in design to the
license plate issued to all other residents of the state except that an emblem
consisting of a depiction of a traditionally attired square dancing couple and
the letters 'D' arranged vertically shall be placed immediately to the left of
the numbers on the license plate. The phrase 'Square & Round Dancers' shall
be imprinted on such special license plate. It shall be a requirement that a
county name decal shall be fixed and displayed on license plates issued under
this Code section.
(b) Any resident motor vehicle
owner desiring a special license plate commemorating square and round dancers
shall submit to the commissioner a completed application form for such license
plate with a $25.00 manufacturing fee in addition to the regular motor vehicle
registration fee. Upon complying with the motor vehicle registration and
licensing laws and the requirements of this subsection and subject to the
restriction in subsection (c) of this Code section, a resident motor vehicle
owner shall be issued a special license plate.
(c)
The commissioner shall retain all applications received for special license
plates commemorating square and round dancers until a minimum of 1,000
applications has been received. After receipt of 1,000 applications for such
commemorative license plate, the commissioner will then design the commemorative
license plate. If the commissioner does not receive the required minimum of
1,000 applications no later than July 31 of the year preceding the year of
issuance of such plates, the commissioner shall not accept any applications for
such license plates and all fees shall be refunded to applicants.
(d) Special license plates issued under this Code
section shall be renewed annually with a revalidation decal, as provided in Code
Section 40-2-31, upon payment of an additional $25.00 annual registration fee
which fee shall be collected by the county tag agent at the time of collection
of other registration fees and shall be remitted to the state as provided in
Code Section 40-2-34. Special license plates issued under this Code section
shall be transferred between vehicles as provided in Code Section 40-2-80.
40-2-86.2.
[
Index ]
(a) Because
the Shrine hospitals for children have done immeasurable good for the children
of this state, it is appropriate and proper that, subject to the provisions of
this Code section, there shall be issued beginning in 1998 special license
plates to honor and support the Shrine hospitals for children.
(b) The commissioner in cooperation with a
representative of the Shrine hospitals shall prepare special distinctive license
plates of a design appropriate to honor and support the Shrine hospitals for
children, subject to subsection (d) of this Code section. Such Shrine hospital
plate must be of the same size and general design of general issue motor vehicle
license plates. Such plates shall include a unique identifying number whose
total characters do not exceed the sum of seven, provided that no two recipients
receive identical plates. It shall not be a requirement that a county name decal
be affixed and displayed on license plates issued under this Code section.
(c) Subject to subsection (d) of this Code section,
any motor vehicle owner who is a resident of Georgia, upon complying with the
motor vehicle laws relating to registration and licensing of motor vehicles and
upon the payment of a fee of $25.00 in addition to the regular motor vehicle
registration fee, shall be issued such a special license plate.
(d) The commissioner shall retain all applications
received for such special license plates until a minimum of 500 applications has
been received. After receipt of 500 applications for such special license
plates, the commissioner will then design the special license plate. If the
commissioner does not receive the required minimum of 500 applications no later
than July 31 of the year preceding the year of issuance of such plates, the
commissioner shall not accept any applications for such special license plates
and all fees shall be refunded to applicants.
(e)
Notwithstanding the foregoing provisions of this Code section, this Code section
shall not be implemented until such time as the State of Georgia has, through a
licensing agreement or otherwise, received such licenses or other permissions,
at no cost to the State of Georgia, as may be required for the use of the Shrine
logo or other acceptable design or as may otherwise be necessary or appropriate
to implement this Code section. No royalty, license fee, or other moneys shall
be paid to the Shrine organization or its licensor for the use by the state on
such license tags of such logo or design. The commissioner is authorized, on
behalf of the state, to accept and execute the licensing agreements with the
Shrine organization or its licensor. The commissioner may charge fees, take
other actions, and agree to or impose terms and conditions which might normally
be envisioned in licensing and cross-licensing agreements for the use of designs
and similar intellectual property. Without limitation, the commissioner may
agree to allow to others the exclusive or nonexclusive use of the design of the
special license plate. The design of the special license plate, excepting only
the Shrine logo and any other part of the design owned by others and licensed to
the state, shall be owned solely by the State of Georgia for its exclusive use
and control, except as authorized by the commissioner. The commissioner may take
steps necessary to give notice of and protect such right, including the
copyright. However, such steps shall be cumulative of the ownership and
exclusive use and control established by this subsection as a matter of law, and
no person shall reproduce or otherwise use such design, except as authorized by
the commissioner.
(f) Special license plates issued
under this Code section shall be renewed annually with a revalidation decal, as
provided in Code Section 40-2-31, upon payment of an additional $25.00 annual
registration fee which fee shall be collected by the county tag agent at the
time of collection of other registration fees and shall be remitted to the state
as provided in Code Section 40-2-34. Special license plates issued under this
Code section shall be transferred between vehicles as provided in Code Section
40-2-80.
40-2-86.3.
[
Index ]
(a)
Subject to subsection (d) of this Code section, motor vehicle owners who are
residents of the State of Georgia, upon application therefor and upon full
compliance with the state motor vehicle laws in relation to registration and
licensing of motor vehicles and upon payment of the regular motor vehicle
registration fee and an additional initial fee of $25.00, shall be issued a
license plate commemorating Civil War battlefields and historic sites in this
state. A county name decal shall be affixed and displayed on each license plate
issued under this Code section.
(b) The license plate
issued pursuant to this Code section shall be transferred between vehicles as
provided in Code Section 40-2-80.
(c) Special license
plates issued under this Code section shall be renewed annually with a
revalidation decal as provided in Code Section 40-2-31 upon payment of an
additional $25.00 annual registration fee, which fee shall be collected by the
county tag agent at the time of collection of other registration fees and
remitted to the state as provided in Code Section 40-2-34.
(d) Each application for a special license plate
under this Code section along with all fees required by subsection (a) of this
Code section shall be submitted directly to the Civil War Commission established
by Ga. L. 1993, p. 1952, which shall retain all applications thereby received
for such special license plates until a minimum of 500 applications has been
received, whereupon the applications and fees shall be transmitted to the
commissioner. After the receipt of 500 applications for such special license
plates, the commissioner will then design the special license plate. If the
commissioner does not receive the required minimum of 500 applications for
special license plates under this Code section no later than July 31 of the year
preceding the year of issuance of such plates, no such special plates shall be
issued and all fees shall be refunded no later than 30 days thereafter to
applicants by the Civil War Commission. All license plates issued pursuant to
this Code section shall be issued in compliance with the state motor vehicle
laws relating to registration and licensing of motor vehicles as prescribed in
this article.
(e) The provisions of subsection (d) of
this Code section notwithstanding, the Civil War Commission may impose a
nonrefundable surcharge to be paid directly to the Civil War Commission by an
applicant at the time of application which shall not exceed $20.00 per
application; provided, however, that funds generated by any such surcharges
shall be expended by the Civil War Commission only for the acquisition of Civil
War battlefields in this state and associated Civil War historic sites in this
state and for the maintenance, protection, and interpretation of the same as
provided by Ga. L. 1993, p. 1952.
40-2-86.4.
[
Index ]
(a) Subject to subsection (d) of this Code section,
motor vehicle owners who are residents of the State of Georgia, upon application
therefor and upon full compliance with the state motor vehicle laws in relation
to registration and licensing of motor vehicles and upon payment of the regular
motor vehicle registration fee and an additional initial fee of $25.00, shall be
issued a license plate for a private passenger vehicle which shall bear the
words 'Supporting Public Schools.' It shall be a requirement that a county name
decal shall be affixed and displayed on license plates issued under this Code
section.
(b) The commissioner shall retain all
applications thereby received for such special license plates until a minimum of
1,000 applications has been received. After the receipt of 1,000 applications
for such special license plates, the commissioner will then design the special
license plate. If the commissioner does not receive the required minimum of
1,000 applications for special license plates under this Code section no later
than July 31 of the year preceding the year of issuance of such plates, no such
special plates shall be issued and all fees shall be refunded no later than 30
days thereafter to applicants. All license plates issued pursuant to this Code
section shall be issued in compliance with the state motor vehicle laws relating
to registration and licensing of motor vehicles as prescribed in this article.
(c) The license plate issued pursuant to this Code
section shall be transferred between vehicles as provided in Code Section
40-2-80.
(d) Special license plates issued under this
Code section shall be renewed annually with a revalidation decal as provided in
Code Section 40-2-31 upon payment of an additional $25.00 annual registration
fee, which fee shall be collected by the county tag agent at the time of
collection of other registration fees and remitted to the state as provided in
Code Section 40-2-34.
40-2-86.5.
[
Index ]
(a) In order to honor Georgia educators and
financially benefit the Georgia Public School Personnel Indemnification Fund,
there shall be issued beginning July 1, 2001, special license plates under this
Code section.
(b) License plates issued under this
Code section must be of the same size as general issue motor vehicle license
plates. Such plates shall include a unique identifying number, whereby the total
number of characters does not exceed six, provided that no two recipients
receive identical plates. The license plates shall display the phrase 'Georgia
Educators Make A Difference' and a ripe Red Delicious apple shall be depicted to
the left of the identifying number of each plate. Such design shall not provide
space in which to indicate the name of the county of issuance.
(c) Notwithstanding the foregoing provisions of this
Code section, this Code section shall not be implemented until such time as the
State of Georgia has, through a licensing agreement or otherwise, received such
licenses or other permissions as may be required to implement this Code section.
The design of the license plate provided under this Code section, excepting only
any part or parts of the design owned by others and licensed to the state, shall
be owned solely by the State of Georgia for its exclusive use and control,
except as authorized by the commissioner. The commissioner may take such steps
as may be necessary to give notice of and protect such right, including the
copyright or copyrights. However, such steps shall be cumulative of the
ownership and exclusive use and control established by this subsection as a
matter of law, and no person shall reproduce or otherwise use such design or
designs, except as authorized by the commissioner.
(d)
Beginning July 1, 2001, any Georgia resident who is the owner of a motor
vehicle, except a vehicle registered under the International Registration Plan,
upon application and compliance with the motor vehicle laws relating to
registration and licensing of motor vehicles and upon the payment of a fee of
not more than $25.00 in addition to the regular motor vehicle registration fee,
shall be issued a motor vehicle license plate under this Code section.
Revalidation decals shall, upon payment of fees required by law and collected by
the county tag agent and remitted to the state as provided in Code Section
40-2-34, be issued for such license plates in the same manner as provided for
general issue license plates.
(e) The funds derived
from the sale of license plates issued under this Code section, less the actual
cost of manufacturing and less a $1.00 processing fee which shall be granted to
county tag offices per plate sold, shall be deposited in the Georgia Public
School Personnel Indemnification Fund established by Article 5A of Chapter 9 of
Title 45 and shall be expended only for the purposes specified in said article.
(f) An applicant may request a license plate issued
under this Code section any time during the applicant´s registration
period. If such a license plate is to replace a current valid license plate, the
department shall issue the license plate under this Code section with
appropriate decals attached.
(g) License plates
issued under this Code section shall be transferred from one vehicle to another
vehicle in accordance with the provisions of Code Section 40-2-80.
(h) License plates issued under this Code section
shall be issued within 30 days of application.
40-2-86.6.
[
Index ]
(a) In order
to promote and financially provide for conservation, restoration, and
enhancement of trout populations and the habitats upon which they depend by the
Wildlife Resources Division of the Georgia Department of Natural Resources,
there shall be issued beginning January 1, 2002, special license plates
recognizing Trout Unlimited of Georgia.
(b) The
commissioner shall design a special distinctive license plate appropriate for
the purposes provided by this Code section. Such special license plate shall be
of the same size as general issue motor vehicle license plates and shall include
a unique design and an identifying number of not more than six digits. No two
recipients shall receive identically numbered plates. Such design shall not
include a space for a county name decal but shall instead bear the legend 'Trout
Unlimited' in lieu of the name of the county of issuance.
(c) Notwithstanding the provisions of subsection (b)
of this Code section, this Code section shall not be implemented until such time
as the State of Georgia has, through a licensing agreement or otherwise,
received such license or other permission as may be required to implement this
Code section. The design of the initial edition of such special license plate,
as well as the design of subsequent editions and excepting only any part or
parts of the designs owned by others and licensed to the state, shall be owned
solely by the State of Georgia for its exclusive use and control, except as
authorized by the commissioner. The commissioner may take such steps as may be
necessary to give notice of and protect such right, including the copyright or
copyrights. However, such steps shall be cumulative of the ownership and
exclusive use and control established by this subsection as a matter of law, and
no person shall reproduce or otherwise use such design or designs, except as
authorized by the commissioner.
(d) On and after
January 1, 2002, any Georgia resident who is the owner of a motor vehicle,
except a vehicle registered under the International Registration Plan, upon
complying with the motor vehicle laws relating to registration and licensing of
motor vehicles and upon the payment of a fee of not more than $25.00 in addition
to the regular motor vehicle registration fee, shall be issued a special license
plate under this Code section in lieu of a general issue license plate. Any
application for such special license plate shall be submitted during the
owner´s registration period, and such special license plate shall be issued
within 30 days of such application. Revalidation decals shall, upon payment of
fees required by law and collected by the county tag agent and remitted to the
state as provided in Code Section 40-2-34, be issued for such special license
plates in the same manner as provided for general issue license plates.
(e) The funds derived from the sale of such special
license plates, less a $1.00 processing fee which shall be granted to county tag
offices per plate sold, shall be deposited in the general fund of the state
treasury. As soon as practicable after the end of each fiscal year, the
commissioner shall report the net amount derived from the sale of such special
license plates, not including actual manufacturing costs, to the Office of
Planning and Budget and the Department of Natural Resources. It is the intent of
the General Assembly that, subject to appropriation, an amount equal to such net
proceeds derived from the sale of such license plates in any fiscal year shall
be made available during the following fiscal year to supplement trout
restoration and management programs of the Wildlife Resources Division of the
Department of Natural Resources. Such programs may include trout hatchery
operations, stocking or restocking of trout in waters of the state,
rehabilitation of trout habitat areas on state managed wildlife lands, education
programs, technical assistance to private landowners in the rehabilitation and
maintenance of trout habitats on their lands, and projects to encourage public
support for the license plate and the activities it funds. The Department of
Natural Resources shall monitor the response of the trout populations to any
such habitat conservation activities to determine their effectiveness.
(f) Special license plates issued under this Code
section shall be transferred from one vehicle to another vehicle in accordance
with the provisions of Code Section 40-2-80.
(g) The
Department of Natural Resources shall submit a report to the chairpersons of the
Senate Natural Resources Committee and the House Committee on Game, Fish, and
Parks detailing the revenues derived from the sale of special license plates
issued under this Code section and the receipt and expenditure of any funds
appropriated for the purposes provided by this Code section. Such report shall
be made not later than the second Monday of January of each year.
40-2-86.7.
[
Index ]
(a) There
shall be issued beginning in 2003 special license plates supporting the National
Rifle Association.
(b) License plates issued under
this Code section shall include a unique identifying number, whereby the total
number of characters does not exceed six, provided that no two recipients
receive identical plates. The license plates shall display the phrase 'The
Right to Keep and Bear Arms' followed by the italicized phrase 'Shall Not Be
Infringed' and the insignia of the National Rifle Association shall be depicted
to the left of the identifying number of each plate. Such license plates must
be of the same size as general issue motor vehicle license plates. Such design
shall not provide space in which to indicate the name of the county of issuance.
(c) Subject to subsection (d) of this Code section,
any motor vehicle owner who is a resident of Georgia, upon complying with the
motor vehicle laws relating to registration and licensing of motor vehicles and
payment of a fee of $25.00 in addition to the regular motor vehicle registration
fee, shall be issued such a special license plate upon application therefor.
Special license plates issued under this Code section shall be renewed annually
with a revalidation decal as provided in Code Section 40-2-31 upon payment of an
additional $25.00 annual registration fee, which fee shall be collected by the
county tag agent at the time of collection of other registration fees and
remitted to the state as provided in Code Section 40-2-34.
(d)(1) Notwithstanding the foregoing provisions of
this Code section, this Code section shall not be implemented until such time as
the State of Georgia has, through a licensing agreement or otherwise and at no
cost to the state, received such licenses or other permissions as may be
required for the use of the National Rifle Association logo or as may otherwise
be necessary or appropriate to implement this Code section. No royalty, license
fee, or other moneys shall be paid to any organization or its licensor for the
use by the state of such logo or design on license plates authorized by this
Code section. The commissioner may charge fees, take other actions, and agree
to or impose terms and conditions which might normally be envisioned in
licensing and cross-licensing agreements for the use of designs and similar
intellectual property. Without limitation, the commissioner may agree to allow
to others the exclusive or nonexclusive use of the design of the special license
plate. The design of the special license plate, excepting only the National
Rifle Association logo and slogan and any other part of the design owned by
others and licensed to the state, shall be owned solely by the State of Georgia
for its exclusive use and control, except as authorized by the commissioner.
The commissioner may take such steps as may be necessary to give notice of and
protect such right, including the copyright. However, such steps shall be
cumulative of the ownership and exclusive use and control established by this
subsection as a matter of law and no person shall reproduce or otherwise use
such design, except as authorized by the commissioner.
(2) The commissioner shall retain all applications
received for such special license plates until a minimum of 1,000 applications
has been received. After the receipt of 1,000 applications for such special
license plates, the commissioner will then design the special license plate. If
the commissioner does not receive the required minimum of 1,000 applications for
special license plates under this Code section no later than July 31 of the year
preceding the year of issuance of such plates, no such special plates shall be
issued and all fees shall be refunded no later than 30 days thereafter to
applicants. All license plates issued pursuant to this Code section shall be
issued in compliance with the state motor vehicle laws relating to registration
and licensing of motor vehicles.
(e) License plates
issued pursuant to this Code section shall be transferred between vehicles as
provided in Code Section 40-2-80.
40-2-86.8.
[
Index ]
(a) Because breast cancer affects a number of
Georgians and no cure has been found for such disease, it is appropriate that,
subject to the provisions of this Code section, there shall be issued beginning
in 2003 special license plates to support breast cancer related programs for the
medically indigent.
(b) The commissioner shall
prepare a special distinctive license plate of a design which shall include a
logo the same as the United States postal stamp supporting breast cancer
research and bearing the slogan 'Fund the Fight. Find A Cure.' over the sketch
of a woman and the breast cancer awareness pink ribbon symbol. Such special
license plate shall be of the same size and general design as general issue
motor vehicle license plates. Such plates shall include a unique identifying
number not exceeding seven characters, provided that no two recipients receive
identical plates. It shall not be a requirement that a county name decal be
affixed and displayed on license plates issued under this Code section.
(c) Subject to subsection (d) of this Code section,
any motor vehicle owner who is a resident of Georgia, upon complying with the
motor vehicle laws relating to registration and licensing of motor vehicles and
payment of a fee of $25.00 in addition to the regular motor vehicle registration
fee, shall be issued such a special license plate upon application therefor.
(d) Notwithstanding the foregoing provisions of this
Code section, this Code section shall not be implemented until such time as the
State of Georgia has, through a licensing agreement or otherwise and at no cost
to the state, received such licenses or other permissions as may be required for
the use of the breast cancer logo depicted on the United States postal stamp or
as may otherwise be necessary or appropriate to implement this Code section. No
royalty, license fee, or other moneys shall be paid to any organization or its
licensor for the use by the state of such logo or design on license plates
authorized by this Code section. The commissioner is authorized, on behalf of
the state, to accept and execute such licensing agreements with the United
States Postal Service or its licensor. The commissioner may charge fees, take
other actions, and agree to or impose terms and conditions which might normally
be envisioned in licensing and cross-licensing agreements for the use of designs
and similar intellectual property. Without limitation, the commissioner may
agree to allow to others the exclusive or nonexclusive use of the design of the
special license plate. The design of the special license plate, excepting only
the breast cancer stamp logo and slogan and any other part of the design owned
by others and licensed to the state, shall be owned solely by the State of
Georgia for its exclusive use and control, except as authorized by the
commissioner. The commissioner may take such steps as may be necessary to give
notice of and protect such right, including the copyright. However, such steps
shall be cumulative of the ownership and exclusive use and control established
by this subsection as a matter of law and no person shall reproduce or otherwise
use such design, except as authorized by the commissioner.
(e)(1) Special license plates issued under this Code
section shall be renewed annually with a revalidation decal as provided in Code
Section 40-2-31 upon payment of an additional $25.00 annual registration fee,
which fee shall be collected by the county tag agent at the time of collection
of other registration fees and remitted to the state as provided in Code Section
40-2-34.
(2) License plates issued pursuant to this
Code section shall be transferred between vehicles as provided in Code Section
40-2-80.
(f)(1) The funds derived from the sale of the
special license plates provided by this Code section, less a $1.00 processing
fee which shall be granted to county tag offices per plate sold and less the
actual cost of manufacturing such plates, shall be deposited in the Indigent
Care Trust Fund created by Code Section 31-8-152 to fund cancer screening and
treatment related programs for those persons who are medically indigent and may
have breast cancer. To the extent consistent with Article III, Section IX,
Paragraph VI(i) of the Constitution and Article 6 of Chapter 8 of Title 31, such
programs may include education, breast cancer screening, grants-in-aid to breast
cancer victims, pharmacy assistance programs for breast cancer victims, and
other projects to encourage public support for the special license plate and the
activities which it funds.
(2) As soon as practicable
after the end of each month, the commissioner shall report the net amount
derived from the sale of such license plates, not including actual manufacturing
costs, to the Office of Planning and Budget and the Department of Community
Health.
(3) The Department of Community Health shall
monitor the response of such breast cancer programs to determine their
effectiveness.
40-2-87.
[
Index ]
As used in this article, the term:
(1) 'Allocated vehicle' means a vehicle to which a
particular jurisdiction´s basic registration plate or apportioned
registration plate is attached upon payment of the jurisdiction´s full
basic registration fee. A portion of each fleet of one-way vehicles is allocated
to each jurisdiction into or through which the fleet travels although each
vehicle of the fleet need not enter every jurisdiction.
(2) 'Apportionable fee' means any periodic recurring
fee required for licensing or registering vehicles, including, but not limited
to, registration fees, license fees, or weight fees.
(3) 'Apportionable vehicle' means any vehicle, except
recreational vehicles, vehicles displaying restricted plates, city pickup and
delivery vehicles, buses used in transportation of chartered parties, and
government owned vehicles, used or intended for use in two or more member
jurisdictions that allocate or proportionally register vehicles and used for the
transportation of persons for hire or designed, used, or maintained primarily
for the transportation of property and which is:
(A)
A power unit having a gross vehicle weight in excess of 26,000 pounds;
(B) A power unit having three or more axles,
regardless of weight; or
(C) Used in combination, when
the weight of such combination exceeds 26,000 pounds gross vehicle weight.
Vehicles or combinations thereof having a gross
vehicle weight of 26,000 pounds or less and two-axle vehicles and buses used in
transportation of chartered parties may be proportionally registered at the
option of the registrant.
(4) 'Auxiliary axle' means
an auxiliary undercarriage assembly with a fifth wheel and tow bar used to
convert a semitrailer to a full trailer.
(5) 'Axle'
means an assembly of a vehicle consisting of two or more wheels whose centers
are in one horizontal plane, by means of which a portion of the weight of a
vehicle and its load, if any, is continually transmitted to the roadway. For
purposes of registration under the International Registration Plan, an axle is
any such assembly whether or not it is load-bearing only part of the time. For
example, a single-unit truck with a steering axle and two axles in a rear-axle
assembly is an apportionable vehicle even though one of the rear axles is a
so-called dummy, drag, tag, or pusher type axle.
(6)
'Base jurisdiction' means, for purposes of fleet registration, the jurisdiction
where the registrant has an established place of business, where mileage is
accrued by the fleet, and where operational records of such fleet are maintained
or can be made available in accordance with the provisions of this article.
(7) 'Base plate' means the plate issued by the base
jurisdiction and shall be the only registration identification plate issued for
the vehicle by any member jurisdiction. Base plates shall be identified by
having the word 'apportioned' or 'PRP' and the jurisdiction´s name on the
plate. The numbering system and color shall be determined by the issuing
jurisdiction.
(8) 'Chartered party' means a group of
persons who, pursuant to a common purpose and under a single contract and at a
fixed charge for the vehicle in accordance with the carrier´s tariff,
lawfully on file with the Interstate Commerce Commission, have acquired the
exclusive use of a passenger-carrying motor vehicle to travel together as a
group to a specified destination or for a particular itinerary, either agreed
upon in advance or modified by the chartered group after having left the place
of origin.
(9) 'Commissioner' means the jurisdiction
official in charge of registration of vehicles and means, for the State of
Georgia, the commissioner of motor vehicle safety.
(10) 'Established place of business' means a physical
structure owned, leased, or rented by the fleet registrant. The physical
structure shall be designated by a street number or road location, be open
during normal business hours, and have located within it:
(A) A telephone or telephones publicly listed in the
name of the fleet registrant;
(B) A person or persons
conducting the fleet registrant´s business;
and
(C) The operational records of the fleet, unless
such records can be made available in accordance with the provisions of this
article.
(11) 'Fleet' means one or more apportionable
vehicles.
(12) 'In-jurisdiction miles' means the
total number of operating miles accrued by a fleet of apportioned vehicles in a
jurisdiction during the preceding year. In those cases where the registrant
operated a fleet of apportioned vehicles in jurisdictions that require no
apportionment and grant reciprocity, the base jurisdiction may add such miles to
the in-jurisdiction miles.
(13) 'Interjurisdiction
movement' means vehicle movement between or through two or more jurisdictions.
(14) 'Intrajurisdiction movement' means vehicle
movement from one point within a jurisdiction to another point within the same
jurisdiction.
(15) 'Jurisdiction' means a state,
territory, or possession of the United States, the District of Columbia, or a
state, province, or territory of another country.
(16)
'Long term' means any period of time exceeding 29 days.
(17) 'Motor carrier audit' means a physical
examination of a motor carrier´s operational records including source
documentation to verify fleet mileage and accuracy of a carrier´s
record-keeping system.
(18) 'Operational records'
means documents supporting miles traveled in each jurisdiction and total miles
traveled such as fuel reports, trip sheets, and drivers´ logs.
(19) 'Owner-operator' means an equipment lessor who
leases his vehicular equipment with driver to a carrier.
(20) 'Pool fleet' means a fleet of rental company
trailers and semitrailers having a gross weight in excess of 26,000 pounds and
used solely in pool operation with no permanent base.
(21) 'Preceding year' means the period of 12
consecutive months immediately prior to July 1 of the year immediately preceding
the commencement of the registration or license year for which apportioned
registration is sought.
(22) 'Reciprocity' means that
an apportionable vehicle properly registered under this article shall be exempt
from further registration by any other member jurisdiction.
(23) 'Reciprocity agreement' means an agreement,
arrangement, or understanding governing the reciprocal grant of rights and
privileges to vehicles which are based in and properly registered under the
applicable laws of the jurisdictions which are parties to such an agreement,
arrangement, or understanding.
(24) 'Recreational
vehicle' means as used in this article a vehicle used for personal pleasure or
travel by an individual or his family.
(25)
'Registrant' means a person, firm, or corporation in whose name or names a
vehicle is properly registered.
(26) 'Registration
year' means the 12 month period during which the registration plates issued by
the base jurisdiction are valid according to the laws of the base jurisdiction.
(27) 'Restricted plate' means a license plate that
has time (less than a registration year), geographic area, mileage, or commodity
restrictions.
(28) 'Service representative' means a
person who furnishes facilities and services including sales, warehousing,
motorized equipment, and drivers under contract or other arrangements to a
carrier for transportation of property by a household goods carrier.
(29) 'Total distance' means the total number of miles
or kilometers traveled by a fleet of apportioned vehicles in all jurisdictions
during the preceding year. For purposes of motor bus apportionment, total
distance shall be calculated as provided for fleets.
(30) 'Trip-lease' means a lease of vehicular
equipment to a carrier or lessee for a single interjurisdictional movement. The
term may also include a similar intrajurisdictional movement where such movement
is authorized under the laws of the jurisdiction.
40-2-88.
[
Index ]
(a) In
addition to and regardless of the provisions of Article 3 of this chapter or any
other provisions of law relating to the operation of motor vehicles over the
public highways of this state, the commissioner is authorized to enter into
reciprocal agreements or plans on behalf of the State of Georgia with the
appropriate authorities of any of the states of the United States, the District
of Columbia, a state or province of any foreign country, or a territory or
possession of the United States or any foreign country providing for the
registration of commercial vehicles on an apportionment basis and may, in the
exercise of this authority, enter and become a member of the International
Registration Plan developed by the American Association of Motor Vehicle
Administrators. Any such reciprocal agreement or plan may provide for but shall
not be limited to the following provisions: (1) full reciprocity in accordance
with such agreement or plan for commercial vehicles not based in Georgia, which
vehicles are operated in interstate commerce or a combination of interstate and
intrastate commerce and are of specified types or weights, in exchange for
equivalent reciprocity for Georgia based commercial vehicles; (2) reciprocal
exchange of audits of records of the owners of such commercial vehicles by the
states participating in any such agreement or plan; and (3) any other matters
which would facilitate the administration of such agreement or plan, including
exchange of information for audits enforcement activities and collection and
disbursement of proportional registration fees for other jurisdictions in the
case of Georgia based commercial vehicles.
(b) Any
reciprocity agreement, arrangement, or declaration relating to commercial
vehicles in effect between this state and any jurisdiction not a party to such
reciprocal agreement or plan or which relates to any matters not covered in such
reciprocal agreement or plan shall continue in force and effect until
specifically revoked or amended as provided by law.
(c)(1)(A) Applications for registration or renewal of
registration under the International Registration Plan may be submitted during
the period of December 1, 2001, to February 15, 2002, for registration under
such plan which shall be valid for a period beginning January 1, 2002, and
ending at the conclusion of the applicable registration period specified in
division (a)(1)(A)(ii) of Code Section 40-2-21 which occurs between July 1,
2002, and June 30, 2003.
(B) On and after July 1,
2002, applications for annual registration or renewal of registration under the
International Registration Plan shall be submitted during the applicable
registration period specified in division (a)(1)(A)(ii) of Code Section 40-2-21.
(2) Any owner of a vehicle required to be registered
under the International Registration Plan who does not apply for registration on
or before the first day of the registration period for such vehicle as
prescribed in paragraph (1) of this subsection, in addition to any other penalty
which may be imposed if such vehicle is not timely registered in accordance with
paragraph (1) of this subsection, shall be subject to a late application penalty
of 10 percent of the total registration fees due this state. Additionally, the
owner of a vehicle required to be registered under the International
Registration Plan who does not pay to the commissioner the registration fees due
this state on or before the last day of the registration period shall be subject
to a late payment penalty in accordance with Code Section 40-2-40. The
commissioner may provide by rule or regulation for waiver of penalties provided
by this paragraph in cases where failure to timely make application or timely
pay fees is due to force majeure.
(d) The provisions
of Code Sections 40-2-9, 40-2-22, 40-2-23, 40-2-24, and 40-2-26 shall not apply
to vehicles registered under this Code section, except that:
(1) Registration under the International Registration
Plan shall not relieve a registrant from any other taxes due and registration
shall be denied any such vehicle if any Georgia ad valorem property taxes due
upon such vehicle are unpaid;
(2) No vehicle
registration or renewal thereof shall be issued to any motor vehicle subject to
the heavy vehicle tax unless the owner of the motor vehicle provides
satisfactory proof that the heavy vehicle tax imposed by Subchapter D of Chapter
36 of the Internal Revenue Code has been paid for the federal tax year during
which the application for registration or renewal thereof is made or that a
heavy motor vehicle tax return has been filed with the Internal Revenue Service
for the federal tax year during which the application for registration or
renewal thereof is made; and
(3) No vehicle
registration or renewal thereof shall be issued without the commissioner´s
having first received certification that the vehicle sought to be licensed is
insured in compliance with the mandatory provisions of Chapter 34 of Title 33,
the 'Georgia Motor Vehicle Accident Reparations Act.'
(e) In the event of conflict between the provisions
of this Code section or any agreement entered into under the provisions of this
Code section and any other law or provision on this subject, the provisions of
this Code section or any agreement entered into under the provisions of this
Code section shall prevail.
(f) Each motor carrier
registered under the International Registration Plan shall maintain and keep,
for the current year and the three preceding years, such pertinent records and
papers as may be required by the commissioner for the reasonable administration
of this chapter. If a registrant fails to make records available to the
commissioner upon proper request or if any registrant fails to maintain records
from which its true liability may be determined, the commissioner may, 30 days
after written demand for production of or access to the records or notification
of insufficient records, impose an assessment of liability based on the
commissioner´s estimate of the true liability of such registrant as
determined from information furnished by the registrant, information gathered by
the commissioner at his or her own instance, information available to the
commissioner concerning operations by similar registrants, and such other
pertinent information as may be available to the commissioner.
(g) The commissioner or any authorized agent of the
commissioner is authorized to examine the records, books, papers, and equipment
of any motor carrier that are deemed necessary to verify the truth and accuracy
of any statement or report and ascertain whether the tax imposed by Code Section
48-10-2.1 and the International Registration Plan has been properly paid. The
duties and powers of the commissioner as specified in Code Sections 48-2-7
through 48-2-11 are expressly made applicable to this Code section.
(h) In lieu of full registration under the
International Registration Plan, trip permit registration may be issued for any
vehicle or combination of vehicles which could be lawfully operated in the state
if full registration or apportioned registration were obtained. A person
desiring a trip permit shall make application therefor as prescribed by the
commissioner. A trip permit shall be issued for the sum of $30.00. Any vehicle
or combination of vehicles for which a trip permit has been issued may be
operated in interstate or intrastate commerce in Georgia for a period of 72
hours from the time of issuance.
(i) The department
is authorized and empowered to promulgate and to enforce such rules and
regulations, including without limitation rules and regulations providing for
appointment and regulation of private tag agents and use of electronic and
direct registration methods, and to publish such forms as may be necessary to
carry out the provisions of the International Registration Plan or any other
agreement entered into under the authority set forth in this Code section.
(j) Any person who violates any provision of this
Code section shall, in addition to any other penalties provided by any other
law, be punished by a fine of not less than $100.00 and not more than $250.00.
40-2-89.
[
Index ]
Any vehicle
which is prohibited by any federal agency acting pursuant to federal law, rule,
or regulation from being operated in interstate commerce shall not be eligible
for registration under this article, and the commissioner shall refuse to issue,
refuse to renew, or revoke such registration for any vehicle so prohibited from
operating.
40-2-90.
[
Index ]
(a)
For purposes of this Code section:
(1) 'Nonresident'
means any person who does not reside in the State of Georgia but who accepts
employment or engages in any trade, profession, or occupation in the state or
enters his children in the public schools of this state.
(2) 'Visitor' means any person who does not reside in
the State of Georgia and who is not a nonresident as defined in this subsection.
(b)(1) Motor vehicles owned by nonresidents may be
used and operated on the public streets and highways for a period of 30 days
without registering said motor vehicles in the State of Georgia.
(2) Motor vehicles owned by visitors may be used and
operated on the public streets and highways, for pleasure purposes only, for a
period of 90 days without registering said motor vehicles in the State of
Georgia.
(3) To be eligible for the exemptions
provided for in paragraph (1) or (2) of this subsection, a nonresident or
visitor shall have fully complied with the laws relating to the registration of
motor vehicles of the state or territory wherein he resides, and the
registration number and initial letter of such state or territory shall be
displayed and plainly visible on such motor vehicles.
(4) No resident of Georgia shall be entitled to the
exemptions provided for in paragraph (1) or (2) of this subsection.
(c) Notwithstanding subsection (a) of this Code
section, a nonresident student who is a resident of a state which is a member of
the Multistate Reciprocity Agreement shall be exempt from the requirement of
registering his motor vehicle in this state in accordance with the provisions of
said Multistate Reciprocity Agreement.
40-2-91.
[
Index ]
The commissioner is directed to negotiate with the
proper authorities of adjoining states and consummate, as speedily as is
practicable, reciprocal agreements, whereby residents of such states operating
motor vehicles licensed in their respective states may have such privileges and
exemptions in the operation of such motor vehicles as residents of this state
may have and enjoy in such adjoining states in the operation of motor vehicles
duly licensed in this state. In the making of such agreements, the commissioner
shall have due regard for the advantage and convenience of the motor vehicle
owners and other citizens of this state and particularly those who reside near
the borders of adjoining states.
40-2-92.
[
Index ]
Any and all reciprocal agreements entered into by the
commissioner shall be subject to confirmation by Act or resolution of the
General Assembly and shall not be of force or effect until the passage of such
Act or resolution and its approval by the Governor except such agreement or
agreements as may be entered into while the General Assembly is not in session.
40-2-93.
[
Index ]
All reciprocal
agreements entered into by the commissioner while the General Assembly is not in
session shall be approved by the Governor. Such agreements shall be submitted by
the commissioner to the General Assembly not later than the tenth day of its
next session, whereupon the General Assembly may confirm or reject such
agreement or agreements by appropriate Act or resolution approved by the
Governor. Pending passage and approval of such Act or resolution of confirmation
or rejection, the agreement or agreements made during the adjournment of the
General Assembly shall be of full force and effect according to their terms.
40-2-94.
[
Index ]
The
commissioner shall give proper publicity to the terms of every agreement entered
into pursuant to Code Sections 40-2-91 through 40-2-93 and is authorized and
empowered to promulgate rules and regulations for the observance and enforcement
of the terms of such agreement, which rules and regulations shall have the force
and effect of law.
40-2-95.
[
Index ]
No reciprocal agreement shall be made or approved
under Code Sections 40-2-91 through 40-2-93 which relate to motor vehicles
operated for hire, nor shall Code Sections 40-2-91 through 40-2-93 apply to such
vehicles.
40-2-110.
[
Index ]
As
used in this article, the term 'motor truck' means any motor vehicle having a
gross weight of 18,000 pounds or over which is designed and used for the
transportation of merchandise or freight.
40-2-111.
[
Index ]
In addition to
any other provision of law relating to registration of motor vehicles or fees
paid therefor, a person owning or operating a motor truck, as defined in Code
Section 40-2-110, upon the highways of this state, which is not registered in
this state, shall apply to the commissioner for a highway use permit for each
such motor truck to be so operated. Application shall be made upon a form
prescribed by the commissioner and shall set forth such information as the
commissioner may require. The application shall be accompanied by a permit fee
of not more than $200.00, as determined under the rules and regulations of the
commissioner, using a comparison of such fees charged by the state or province
of registration of the motor truck, for each motor truck listed in the
application. The commissioner shall issue a permit and an identification tag,
plate, or decal for each such motor truck, which tag, plate, or decal shall be
of such size and design and contain such information as the commissioner shall
prescribe. Any such permit and tag, plate, or decal shall be valid for the same
period of time as provided by law for license plates issued to motor vehicles in
Georgia. Such permits shall be carried in the motor truck and the tag, plate, or
decal shall be affixed to the motor truck and at all times be visible and
legible.
40-2-112.
[
Index ]
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 operating such truck upon the highways of
such state or province, which is in addition to any tax, fee, or toll imposed
upon gasoline or other motor fuel purchased within such state or province, or
registration fee, shall pay a fee of not more than $25.00, as determined under
the rules and regulations of the commissioner, using a comparison of such taxes,
fees, or tolls charged by the state or province of registration of the motor
truck, for each round trip into this state in lieu of a tax computed and applied
in the same manner as the tax, fee, or toll of such other state or province so
long as such tax, fee, or toll imposed by such other state or province shall
remain in force.
40-2-113.
[
Index ]
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.
40-2-114.
[
Index ]
(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 authority granted under this article;
(3) To fail to file any return or report required by
the commissioner;
(4) To make a false return or fail
to keep records of operations as may be required by the commissioner;
or
(5) To make knowingly any false statement in any
application for registration.
(b) Any person who
violates any provision of this Code section, upon first conviction, shall be
punished by a fine of not less than $100.00 nor more than $250.00; and upon a
second or subsequent conviction, by a fine of not less than $250.00 nor more
than $500.00, or by imprisonment for not more than 30 days, or both.
40-2-130.
[
Index ]
(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 identifying number of the vehicle;
(3)
Alphabetically, under the name of the owner;
(4)
Under the vehicle title number; and
(5) In the
discretion of the commissioner, in any other method the commissioner determines.
(b) The commissioner is authorized and empowered to
provide for photographic and photostatic recording of certificate of
registration records in such manner as he may deem expedient. The photographic
or photostatic copies authorized in this subsection shall be admitted in
evidence in all actions and proceedings to the same extent that the originals
would have been admitted.
(c) The motor vehicle
registration records which the commissioner is required to maintain under this
Code section or any other provision are exempt from the provisions of any law of
this state requiring that such records be open for public inspection; provided,
however, that the records of any particular motor vehicle may be available for
inspection by the following:
(1) Any law enforcement
officer for official law enforcement investigations or for identifying the
registrant of a motor vehicle for purposes of use of a traffic-control signal
monitoring device pursuant to subsection (f) of Code Section 40-6-20, as
certified by the commanding officer of the law enforcement agency making such
request;
(2) The owner of the vehicle. When the title
or registration records maintained by the commissioner have not been changed to
reflect a new owner of the vehicle, proof of proprietary interest must be
submitted prior to release of the information;
(3)
Any judgment creditor of the owner of the vehicle upon the presentation of a fi.
fa.;
(4) Any individual or an authorized agent or
representative of such individual involved in a motor vehicle accident either as
an operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian;
(5) Any licensed dealer of new or used motor
vehicles;
(6) Any person for the purposes of a
manufacturer?s recall;
(7) Any tax collector, tax
receiver, or tax commissioner;
(8) The director of
the Environmental Protection Division of the Department of Natural Resources or
his or her designee; and
(9) Any private person who
has met the requirements of Code Section 40-2-25, provided that the information
shall be used for the sole purpose of effectuating the registration or renewal
of motor vehicles by electronic or similar means and that the private person
requesting the information has entered into an agreement to provide electronic
services to the commissioner or a county tag agent; provided, further, that the
information made available pursuant to this paragraph for such purpose shall be
limited to the vehicle identification number, the license tag number, the date
of expiration of registration, and the amount of tax owed.
(d) The commissioner may, in his or her discretion,
authorize the release of registration records to any appropriate governmental
official, entity, or agency for the purposes of carrying out official
governmental functions or legitimate governmental duties.
40-2-131.
[
Index ]
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
director of the Office of Treasury and Fiscal Services may prescribe.
40-2-132.
[
Index ]
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.
40-2-133.
[
Index ]
It is the duty of every arresting officer, county,
municipal, and state, to enforce this chapter.
40-2-134.
[
Index ]
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 said laws.
40-2-135.
[
Index ]
(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 ceases to hold such public office. The commissioner shall revoke any
license plate purchased with a personal check which was returned for any reason.
The commissioner shall notify the holder of such regular, prestige, special, or
distinctive license plate or of such other license plate of such revocation. The
holder of such revoked license plate shall return the license plate to the
commissioner or the commissioner´s designated agent and register his or her
vehicle as otherwise required by this chapter.
(b)
Any state or county law enforcement officer or any special agent or enforcement
officer appointed under Code Section 40-2-134 may, upon the direction or request
of the commissioner, go upon public or private property to seize a license plate
or renewal decal which has been revoked as provided in subsection (a) of this
Code section.
40-2-136.
[
Index ]
(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
issue an order requiring that the license plates of all motor vehicles
registered in such person´s name be surrendered to the court. The court
shall notify the commissioner within ten days after issuing any such order, and
the commissioner shall revoke each such license plate upon receiving such
notice. The court shall issue a receipt for the surrendered license plate or
plates. The court shall forward the surrendered license plate or plates to the
local tag agent immediately upon receipt. For purposes of this subsection, a
plea of nolo contendere shall constitute a conviction.
(b) Except as provided in subsection (c) of this Code
section, no new license plate or plates may be issued to a person subject to a
court order issued pursuant to subsection (a) of this Code section until such
person has been issued a limited driving permit or probationary driver´s
license in accordance with Code Section 42-8-112 or the driver´s license of
such person has been reissued or reinstated, whichever first occurs; and, except
as provided in this subsection or subsection (c) of this Code section, it shall
be a misdemeanor for such person to obtain a new license plate or plates.
(c)(1) A person who is subject to a court order
issued pursuant to subsection (a) of this Code section may apply to the
commissioner for authorization to obtain a new license plate or plates bearing a
special series of numbers and letters so as to be identifiable by law
enforcement officers. Such license plate shall not, in and of itself, constitute
probable cause to authorize a traffic stop, search of a motor vehicle, or
seizure. The commissioner shall authorize the issuance of such a special license
plate only if he or she determines that there is another member of such
person´s household who possesses a valid driver´s license and that a
co-owner of the vehicle or a member of the offender´s family, other than
the offender, is completely dependent upon the motor vehicle for the necessities
of life and would be subjected to undue hardship without such special license
plate; in no event shall such decision take more than five business days. A
local tag agent shall not issue any plates except on written approval of the
commissioner, payment of a $20.00 fee for each vehicle for which a special plate
is issued, and compliance by the applicant with all applicable state laws. The
written authorization from the commissioner shall specify the maximum number of
license plates a person may obtain.
(2) A motor
vehicle owned or leased by a person subject to a court order issued pursuant to
subsection (a) of this Code section or for which a license plate has been issued
subject to paragraph (1) of this subsection may not be sold or conveyed unless
the commissioner determines, upon receipt of proper application, that the
proposed sale or conveyance is in good faith, that the person subject to such
court order will be deprived of custody or control of the motor vehicle, and
that the sale or conveyance is not for the purpose of circumventing the
provisions of this Code section. Upon making such determination, the
commissioner shall transfer the certificate of title to such vehicle and issue a
new certificate of registration and license plate.
(3)
If the title to a motor vehicle owned by a person subject to a court order
issued pursuant to subsection (a) of this Code section or for which a license
plate has been issued pursuant to paragraph (1) of this subsection is
transferred by the foreclosure, cancellation of a conditional sales contract,
sale upon execution, or order of a court of competent jurisdiction, the
commissioner shall transfer the certificate of title as provided in Code Section
40-3-34 and issue a new license plate to the new registered owner.
(4) Upon full restoration of the driving privileges
of a person subject to a court order under subsection (a) of this Code section,
the commissioner shall authorize the person to apply for a regular issue license
plate. The fee for a regular issue license plate shall be as provided by Code
Section 40-2-151. As a condition of obtaining any regular issue license plate,
the person shall surrender his or her special issue license plate to the local
tag agent.
(5) Nothing in this Code section shall be
deemed to waive any lawful requirement for the issuance of a license plate
including, but not limited to, proof of financial responsibility.
(6) Display of a license plate issued pursuant to
paragraph (1) of this subsection shall not constitute probable cause for
stopping or detaining a vehicle.
(7) Any person
aggrieved by a decision of the commissioner pursuant to paragraph (1) of this
subsection may make a request in writing to the Office of State Administrative
Hearings for a hearing. Such hearing shall follow the procedures required by
Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
40-2-137.
[
Index ]
(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) 'Fleet policy' means a commercial vehicle policy
that insures two or more vehicles that are not identified individually by
vehicle identification number on the policy or a commercial policy that is
subject to adjustment by audit for vehicle changes at the end of the policy
period.
(3) 'Lapse' means one or more days upon which
the records of the department do not reflect that a motor vehicle was covered by
a policy of minimum motor vehicle insurance coverage.
(4) 'Minimum motor vehicle insurance coverage' means
minimum coverage as specified in Chapter 34 of Title 33.
(5) 'Proof of minimum insurance coverage' means the
receipt from an insurer by the department of notice of such insurance coverage
by electronic transmission or other means approved by the department.
(6) 'Terminate' or 'termination' means actual
cessation of insurance coverage after the date upon which coverage will not be
restored for any reason, including without limitation cancellation, nonrenewal,
and nonpayment of premium and without regard to whether such cessation was
preceded by any extension or grace period allowed by the insurer.
(b)(1) After receipt of notification of coverage
termination, if the department does not, on or before the effective date of such
termination, receive notice from an insurer that new minimum motor vehicle
insurance coverage for such motor vehicle has been issued, the department shall
send a notice to the owner of the motor vehicle stating that the department has
been informed of the fact of the coverage termination and informing the owner of
the penalties provided by law. The department shall send such notice to the
address of the owner of the motor vehicle shown on the records of the
department. The mailing of such notice by the department to the address of the
owner of the motor vehicle as shown on the records of the department shall be
deemed conclusively to be notice to such owner of such owner?s duty to maintain
the required minimum insurance coverage and the possible penalties and
consequences for failing to do so and shall be deemed to satisfy all notice
requirements of law and no further notice to the owner shall be required for the
suspensions and revocations provided for in this Code section.
(2) It shall be the duty of the owner of such motor
vehicle to obtain minimum motor vehicle insurance coverage and it shall be the
duty of the owner?s insurer to provide proof of such coverage to the department
within 30 days of the date of such notice, pursuant to the requirements of
subparagraph (b)(1)(A) of Code Section 40-5-71. If the vehicle is covered by a
fleet policy, the owner?s insurer shall not be required to provide such proof to
the department by electronic means.
(c)(1) When proof
of minimum motor vehicle insurance coverage is provided within the time period
specified in this Code section, but there has been a lapse of coverage, the
owner shall remit a $25.00 lapse fee to the department. Failure to remit the
lapse fee to the department within 30 days of the date on which the notification
was mailed by the department will result in the suspension of the owner?s motor
vehicle registration by operation of law as if the proof had not been provided
in a timely manner as provided in paragraph (2) of this subsection. If any lapse
fee provided for in this Code section is paid to the county tax commissioner,
the county shall retain $5.00 thereof as a collection fee.
(2) If proof is not provided within the time period
specified in this Code section that minimum motor vehicle insurance coverage is
in effect, the owner?s motor vehicle registration shall be suspended immediately
by operation of law by the department. When such proof is provided and the owner
pays a $25.00 lapse fee and pays a $60.00 restoration fee, the suspension shall
terminate; provided, however, that the commissioner may waive the lapse fee and
restoration fee for any owner whose vehicle registration has been suspended
pursuant to this paragraph who provides proof of continuous minimum motor
vehicle insurance coverage. If any restoration fee provided for in this Code
section is paid to the county tax commissioner, the county shall retain $10.00
thereof as a collection fee.
(3) In the event of a
second suspension of the owner?s registration under this Code section on or
after December 1, 2003, during any five-year period, the department by operation
of law shall suspend the motor vehicle registration for a period of 90 days.
After the 90 day suspension period and when proof is provided that minimum motor
vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee
and pays a $60.00 restoration fee, the suspension shall terminate.
(4) In the event of a third or subsequent suspension
of the owner?s registration under this Code section on or after December 1,
2003, during any five-year period, the department by operation of law shall
revoke the motor vehicle registration and no new application for registration
shall be accepted for a period of six months after such revocation. After six
months from the date of revocation and when proof is provided that minimum motor
vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee
and pays a $160.00 restoration fee, the owner may apply for registration of the
motor vehicle.
(d)(1) The commissioner may waive the
lapse fee for any owner whose vehicle registration has been voluntarily
cancelled pursuant to Code Section 40-2-10.
(2) Upon
being presented with a copy of official orders or other satisfactory proof of
ordered duty as approved by rule or regulation of the commissioner showing that
an owner of a motor vehicle was deployed outside the continental United States
on active military duty in the armed forces of the United States at the time his
or her minimum motor vehicle insurance coverage for such vehicle terminated, the
county tag agent shall waive the lapse fee and restoration fee, suspension of
the owner?s motor vehicle registration under this Code section shall terminate,
and application for registration of the vehicle which otherwise satisfies
requirements provided by law may be accepted without delay.
(e) The commissioner may promulgate such rules and
regulations as are necessary to implement this Code section.
(f) The department shall commence suspending motor
vehicle registrations as provided in this Code section on December 1, 2003. The
department shall commence requiring payment of lapse fees and restoration fees
as provided in this Code section on January 1,
2004.
40-2-150.
[
Index ]
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
application of fertilizers, poultry litter, and crop protection chemicals and is
operated primarily off the highway.
(.2)
'Commissioner' means the commissioner of motor vehicle safety.
(1) 'Farm truck' or 'farm trailer' means a truck or
trailer for which the owner submits a sworn statement as a part of the
registration application to the effect that the vehicle is used primarily on and
is domiciled upon a farm primarily for the carriage of unprocessed products of
the farm.
(2) 'Farm vehicle' means a vehicle or
combination of vehicles owned by a farmer or rancher, which are operated over
public highways and used exclusively to transport unprocessed agricultural or
livestock products raised, owned, and grown by the owner of the vehicle to
market or a place of storage; and shall include the transportation by the farmer
or rancher of any equipment, supplies, or products purchased by that farmer or
rancher for his own use and used in the farming or ranching operation or used by
a farmer or rancher partly in transporting agricultural products or livestock
from the farm or ranch of another farmer or rancher that were originally grown
or raised on that farm or ranch or when used partly in transporting agricultural
supplies, equipment, materials, or livestock to the farm or ranch of another
farmer or rancher for use or consumption on that farm or ranch but not
transported for hire.
(3) 'Motor bus' means any
passenger-carrying motor vehicle operated for hire and having a passenger
seating capacity of eight or more persons exclusive of the driver.
(4) 'Owner declared gross vehicle weight' means the
empty weight of the truck or truck-trailer fully equipped and fueled and ready
for operation on the road and, in the case of combinations, means the weight
when ready for operation on the road of the heaviest trailer or semitrailer with
which the power unit will be placed in combination, plus the heaviest load which
will be carried within the licensed period.
(5)
'Private truck' or 'private trailer' means a truck or trailer other than a farm
truck, a farm trailer, farm vehicle, or a truck or trailer operated for hire by
a common or contract carrier.
(6) 'Trailer' means any
vehicle operated over the public roads of this state without motive power when
the vehicle is designed for carrying persons or property, either partially or
wholly, on its own structure and is designed for being drawn by a self-propelled
vehicle.
40-2-151.
[
Index ]
(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
20.00
(3)(A) For each private truck in accordance
with the owner declared gross vehicle weight, as
follows:
(i) Less than 14,000 lbs.
20.00
(ii) 14,000 to 18,000 lbs.
25.00
(iii) 18,001 to 26,000 lbs.
38.00
(iv) 26,001 to 30,000 lbs.
45.00
(v) 30,001 to 36,000 lbs.
70.00
(vi) 36,001 to 44,000 lbs.
. 115.00
(vii) 44,001 to 54,999 lbs.
190.00
(viii) 55,000 to 63,280 lbs.
300.00
(ix) 63,281 lbs. to maximum permitted
400.00
(B) Subparagraph (A) of this paragraph
notwithstanding:
(i) A straight truck which is not a
truck-tractor shall not be classified higher than
$75.00;
(ii) A straight truck hauling fertilizer and
agricultural products shall not be classified higher than $31.00;
and
(iii) A truck-tractor hauling fertilizer or milk
shall not be classified higher than $220.00;
(4) For
each farm truck 20.00
(5) Except as otherwise
specifically provided in this Code section, for each private trailer
20.00
(6)(A) For each farm trailer including, but not
limited to, horse and cattle trailers, the maximum fee shall be $12.00.
(B) There shall be no fee for
trailers:
(i) Used exclusively to haul agricultural
products from one place on the farm to another or from one farm or field to
another;
(ii) With no springs which are being
employed in hauling unprocessed farm products to their market destination;
and
(iii) With no springs which are pulled from a
tongue and used primarily to transport fertilizer to the
farm;
(7) For house trailers, auto trailers, and
boat trailers, whether pulled by a private automobile or a private truck, and
not used as or in connection with a motor vehicle, truck, or tractor used as a
common or contract carrier for hire 12.00
(8) For
trailers used as or in connection with a motor vehicle, truck, or tractor used
as a common or contract carrier for hire 12.00
(9)
For each motor bus or van-type vehicle used as a common or contract carrier for
hire in public transportation transporting passengers, the
following:
(A) Weighing 10,000 pounds or less, $1.90
per 100 pounds factory weight or fractional part of 100 pounds factory
weight;
(B) Weighing more than 10,000 pounds and not
over 15,000 pounds factory weight, $2.75 for each 100 pounds or fractional part
of 100 pounds factory weight;
(C) Weighing more than
15,000 pounds and not more than 20,000 pounds factory weight, $3.45 for each 100
pounds or fractional part of 100 pounds factory weight;
and
(D) Weighing more than 20,000 pounds factory
weight, $3.75 for each 100 pounds or fractional part of 100 pounds factory
weight. No motor bus license fee shall exceed
$875.00;
(10)(A) For each truck or
nonpassenger-carrying motor vehicle operated as a common or contract carrier for
hire in accordance with owner declared gross vehicle weight, as
follows:
(i) Less than 14,000 lbs.
20.00
(ii) 14,000 to 18,000 lbs.
25.00
(iii) 18,001 to 26,000 lbs.
38.00
(iv) 26,001 to 30,000 lbs.
85.00
(v) 30,001 to 36,000 lbs.
130.00
(vi) 36,001 to 44,000 lbs.
215.00
(vii) 44,001 to 54,999 lbs.
365.00
(viii) 55,000 to 63,280 lbs.
575.00
(ix) 63,281 lbs. to maximum permitted
725.00
(B) Subparagraph (A) of this paragraph
notwithstanding, a straight truck which is not a truck-tractor shall not be
classified higher than $150.00;
(11) For each truck
leased to a common or contract carrier without regard to the duration of the
lease and in accordance with the owner declared gross vehicle weight, the same
license fees as required under paragraph (10) of this Code
section;
(12) For each motor driven hearse or
ambulance 20.00
(13) For each school bus operated
exclusively in the transportation of pupils and teachers to and from schools or
school activities or in the transportation of the owner and the members of his
immediate family, the sum of $20.00. A bus owned by a church or owned in common
with other churches and used and operated exclusively for the church in
transporting members and patrons to and from church or church activities, when
no part of the proceeds of the operation of the bus inures to the benefit of any
private person, shall be licensed for the sum of $20.00 in the same manner as
school buses when the bus complies with the laws applicable to school
buses;
(14) For each motor vehicle owned by the
state or by a political subdivision or municipality of the state and used
exclusively for governmental functions 1.00
(15)
For each motor vehicle used by carriers and operated under special franchise
granted by the United States Department of Defense over a route of not more than
20 miles in length which is solely between a point in this state and a point
within a United States military reservation in this state
20.00
(16) Heavy earth-moving machinery, fertilizer
application equipment, and crop protection chemical application equipment, not
including trucks, used primarily off the highway shall not be required to be
licensed under this article;
(17)(A) Trucks
transporting logs, pulpwood, or other forest products shall be licensed in
accordance with the following annual fees:
(i)
Straight trucks and truck-tractors pulling a single pole trailer hauling logs
from the woods to the sawmill 38.00
(ii) Other
truck-tractors 220.00
(B) Skidders, tractors, and
loaders used only in the woods shall not be required to be licensed. Trucks and
truck-tractors specified in subparagraph (A) of this paragraph shall be licensed
in accordance with this paragraph even though the trucks or truck-tractors are
also used to transport skidders, tractors, loaders, and other logging equipment.
Trucks and truck-tractors specified in subparagraph (A) of this paragraph shall
not be required to pay additional fees or obtain additional license plates in
order to transport logging equipment owned by the owner of the trucks or
truck-tractors;
(18) For each agricultural field use
vehicle 31.00
(b) In lieu of the annual fee
provided in paragraph (8) of subsection (a) of this Code section, the optional
one-time fee for a permanent registration and license plate for any trailer used
as or in connection with a motor vehicle, truck, or tractor used as a common or
contract carrier for hire, a private carrier, or a motor carrier of property and
authorized to obtain a permanent registration and license plate under the
provisions of Code Section 40-2-47 shall be
$48.00.
40-2-152.
[
Index ]
(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) 26,001 to 30,000 lbs.
$ 45.00
(2) 30,001 to 36,000 lbs.
70.00
(3) 36,001 to 44,000 lbs.
115.00
(4) 44,001 to 54,999 lbs.
190.00
(5) 55,000 to 63,280 lbs.
300.00
(6) 63,281 lbs. to maximum permitted
400.00
(b) Except as otherwise provided for in
this Code section, the annual fee for all apportionable vehicles 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) 26,001 to 30,000 lbs. $
85.00
(2) 30,001 to 36,000 lbs.
130.00
(3) 36,001 to 44,000 lbs.
215.00
(4) 44,001 to 54,999 lbs.
365.00
(5) 55,000 to 63,280 lbs.
575.00
(6) 63,281 lbs. to maximum permitted
725.00
(c) For each apportionable motor bus or
van-type vehicle the fee is $3.75 for each 100 pounds or fractional part of 100
pounds factory weight. No motor bus license fee shall exceed $875.00.
(d) Trucks transporting logs, pulpwood, or other
forest products shall be issued restricted license plates and the fees shall be
as enumerated in Code Section 40-2-151.
(e) Each
school bus operated exclusively in the transportation of pupils and teachers to
and from schools or school activities or in the transportation of the owner and
his immediate family shall be issued a restricted license plate for the sum of
$5.00. A bus owned by a church or owned in common with other churches and used
and operated exclusively for the church in transporting members and patrons to
and from church or church activities, when no part of the proceeds of the
operation of the bus inures to the benefit of any private person, shall be
issued a restricted license plate for the sum of $5.00 in the same manner as
school buses when the bus complies with the laws applicable to school buses.
(f) A truck or a truck-tractor hauling fertilizer or
milk shall be issued a restricted license plate with the fee computed in
accordance with Code Section 40-2-151.
(g) A farm
vehicle shall be issued a restricted license plate with the fee computed in
accordance with Code Section 40-2-151.
40-2-153.
[
Index ]
(a) Manufacturers and dealers engaged in the
manufacture or sale of motor vehicles, tractors, or trailers shall register with
the commissioner and shall apply for a distinguishing dealer´s number. The
application shall specify the name and make of motor vehicle, tractor, or
trailer manufactured or sold by the applicant and shall be made upon forms
prepared by the commissioner. The applicant shall pay at the time of making
application a fee of $62.00. For the fee, the commissioner shall furnish the
applicant one number plate to expire December 31 of odd-numbered years, to be
known as a dealer´s number and to be distinguished from the number plates
provided in this Code section by a different and distinguishing color to be
determined by the commissioner. The dealer´s number plate shall have the
word 'Dealer' on its face and shall be used for the purpose of demonstrating or
transporting a manufacturer´s or dealer´s vehicles or trailers for
sale. No dealer or manufacturer may use or permit to be used a dealer´s
number for private use or on cars for hire or for lease or in any other manner
not provided in this Code section.
(b) In the event a
dealer or manufacturer desires more than one number plate, he shall so state on
the application and, in addition to the fee of $62.00, shall pay a fee of $12.00
for each additional number plate furnished.
(c) Each
person engaged in the business of transporting motor vehicles for others under
the motor vehicle´s own power shall be entitled to obtain license plates
under this Code section, but the plates shall be used only on vehicles being
transported.
(d) Each person engaged in the business
of transporting mobile homes and house trailers for others shall be entitled to
obtain license plates under this Code section.
(e)
This Code section shall not apply in any manner to farm
tractors.
40-2-154.
[
Index ]
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.
40-2-155.
[
Index ]
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) of Code
Section 40-2-151, may be transferred with the approval of the commissioner from
a destroyed or retired motor vehicle to another vehicle upon payment of a
transfer fee of $5.00 and upon presentation of an appropriate application for
transfer. If the substituted vehicle normally calls for a higher-priced plate
than the vehicle displaced, a proportionate additional fee shall be paid for the
remainder of the taxable year.
40-2-156.
[
Index ]
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
between the dates of:
(1) March 1 and May 31 of any
year shall pay three-fourths of the annual license fee provided in this article;
(2) June 1 and August 31 of any year shall pay
one-half of the annual license fee provided in this article;
or
(3) September 1 and November 30 of any year shall
pay one-fourth of the annual license fee provided in this
article.
40-2-157.
[
Index ]
Any
person initially registering under the International Registration Plan any of
the vehicles named in subsection (a), (b), or (c) of Code Section 40-2-152 and
whose next registration period ends less than 12 months from the date of
application or first date of service of such vehicle shall pay a license fee in
an amount equal to one-twelfth of the annual license fee provided by this
article multiplied by the number of months remaining until the end of such next
registration period.
40-2-158.
[
Index ]
For purposes of registration of any vehicle under
subparagraph (c)(1)(A) of Code Section 40-2-88 only, registrants shall be
assessed fees equivalent to one-twelfth of the annual fee otherwise provided by
law multiplied by the number of months remaining until the end of the applicable
registration period.
40-2-159.
[
Index ]
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 agent, or
any other person specified by law.
40-2-160.
[
Index ]
(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 state, the fees required by this article may be prorated
on a daily basis in accordance with the owner declared gross vehicle weight. The
commissioner may issue a special plate or other means of identification to
indicate compliance with this subsection. No motor vehicle to which this
subsection is applicable shall be operated in violation of this
article.
40-2-161.
[
Index ]
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.
40-2-162.
[
Index ]
(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 Interstate Commerce Commission or under authority of
both the Interstate Commerce Commission and the Public Service Commission of
this state. The apportionment shall be done so that the total cost of the fees
shall bear the same proportion to the annual fees for motor buses as the total
number of miles traveled by the fleet of the carrier in this state in both
interstate and intrastate operations during the preceding year bears to the
total number of miles traveled by the fleet during the year in both interstate
and intrastate operations.
(b) The commissioner shall
promulgate rules for the apportionment required by this Code section. The rules
shall provide that the apportionment apply as nearly as practicable to each
class of vehicle operated by the motor common carrier of passengers for
hire.
40-2-163.
[
Index ]
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 charged for the new license, as calculated pursuant
to Code Section 40-2-151.
40-2-164.
[
Index ]
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)(iii) of Code Section 40-2-151 shall not be entitled to any partial
year license.
40-2-165.
[
Index ]
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 so
inspected. One-half credit shall be given for the surrendered underrated license
plate.
40-2-166.
[
Index ]
(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.