40-1-1. (For effective date, see note.) Definitions.

As used in this title, the term:

1. "Alcohol concentration" means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
2. "Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.
3. "All-terrain vehicle" means a motorized vehicle originally manufactured for off-highway use which is equipped with three or more nonhighway tires, is 80 inches or less in width with a dry weight of 2,500 pounds or less, and is designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.
4. "Arterial street" means any U.S. or state numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.
5. "Authorized emergency vehicle" means a motor vehicle belonging to a public utility corporation or operated by the Department of Transportation and designated as an emergency vehicle by the Department of Public Safety; a motor vehicle belonging to a fire department or a certified private vehicle belonging to a volunteer firefighter or a fire-fighting association, partnership, or corporation; an ambulance; or a motor vehicle belonging to a federal, state, or local law enforcement agency, provided such vehicle is in use as an emergency vehicle by one authorized to use it for that purpose.

   (5.1) "Automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain.

6. "Bicycle" means every device propelled by human power upon which any person may ride, having only two wheels which are in tandem and either of which is more than 13 inches in diameter.

   (6.1) "Bicycle lane" means a portion of the roadway that has been designated by striping, pavement markings, or signage for the exclusive or preferential use of persons operating bicycles and electric assisted bicycles. Bicycle lanes shall at a minimum, unless impracticable, be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials.

   (6.2) "Bicycle path" means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by bicycle and electric assisted bicycle riders.

   (6.3) "Bicycle trailer" means every device pulled by a bicycle and designed by the manufacturer of such device to carry human passengers.

7. "Bus" means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
8. "Business district" means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.

   (8.1) "Commercial motor vehicle" means any self-propelled or towed motor vehicle used on a highway in intrastate or interstate commerce or both to transport passengers or property when the vehicle:

   1. Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more;
   2. Is designed or used to transport more than eight passengers, including the driver, for compensation;
   3. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
   4. Is used to transport material determined to be hazardous by the secretary of the United States Department of Transportation under 49 U.S.C. Section 5103 and transported in a quantity that requires placards under regulations prescribed under 49 C.F.R., Subtitle B, Chapter I, Subchapter C.
9. "Controlled-access highway" means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except only at such points and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.
10. "Crosswalk" means:
    1. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; or
    2. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
11. "Dealer" means a person engaged in the business of buying, selling, or exchanging vehicles who has an established place of business in this state.
12. "Demonstrator" means any motor vehicle which has not been the subject of a sale at retail to the general public but which has been operated on the roads of this state in the course of a motor vehicle dealer's business.
13. "Divided highway" means a highway divided into two or more roadways by leaving an intervening space or by a physical barrier or by a clearly indicated dividing section so constructed as to impede vehicular traffic.
14. "Driver" means every person who drives or is in actual physical control of a vehicle.
15. "Driver's license" means any license to operate a motor vehicle issued in either a physical or electronic format under the laws of this state.

    (15.1) "DUI Alcohol or Drug Use Risk Reduction Program" means a program certified by the Department of Driver Services in accordance with subsection (e) of Code Section 40-5-83.

    (15.2) "Dynamic driving task" means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, including without limitation:

    (15.3) "Electric assisted bicycle" means a device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor having a power output of not more than 750 watts.

    (15.4) "Electric personal assistive mobility device" or "EPAMD" means a self-balancing, two nontandem wheeled device designed to transport only one person and having an electric propulsion system with average power of 750 watts (1 horsepower) and a maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such propulsion system and ridden by an operator who weighs 170 pounds.

    1. Lateral vehicle motion control via steering;
    2. Longitudinal motion control via acceleration and deceleration;
    3. Monitoring the driving environment via object and event detection, recognition, classification, and response preparation;
    4. Object and event response execution;
    5. Maneuver planning; and
    6. Enhancing conspicuity via lighting, signaling, and gesturing.
16. "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
17. "Flammable liquid" means any liquid which has a flash point of 141 degrees Fahrenheit or less.

    (17.1) "Former military motor vehicle" means a motor vehicle which operates on the ground, including a trailer, that was manufactured for use in any country's military forces and is maintained to represent its military design, regardless of the vehicle's size, weight, or year of manufacture. Such term shall not include motor vehicles armed for combat or vehicles owned or operated by this state, the United States, or any foreign government.

    (17.2) "Fully autonomous vehicle" means a motor vehicle equipped with an automated driving system that has the capability to perform all aspects of the dynamic driving task without a human driver within a limited or unlimited operational design domain and will not at any time request that a driver assume any portion of the dynamic driving task when the automated driving system is operating within its operational design domain.

    (17.3) "Golf car" or "golf cart" means any motorized vehicle designed for the purpose and exclusive use of conveying one or more persons and equipment to play the game of golf in an area designated as a golf course. For such a vehicle to be considered a golf car or golf cart, its average speed shall be less than 15 miles per hour (24 kilometers per hour) on a level road surface with a 0.5% grade (0.3 degree) comprising a straight course composed of a concrete or asphalt surface that is dry and free from loose material or surface contamination with a minimum coefficient of friction of 0.8 between tire and surface.

18. "Gross weight" means the weight of a vehicle without load plus the weight of any load thereon.

    (18.1) "Hazardous material" means a substance or material as designated pursuant to the Federal Hazardous Materials Law, 49 U.S.C. Section 5103(a).

19. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
20. "House trailer" means:
    1. A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place or living abode (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or
    2. A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subparagraph (A) of this paragraph, but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.

    (20.1) "Identification card" means any document in either a physical or electronic format issued by the Department of Driver Services under the laws of this state for purposes of proving identity of the holder.

21. "Implement of husbandry" means a vehicle designed and adapted exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.

    (21.1) "Infant sling" means every device which is designed by the manufacturer to be worn by a person for the purpose of carrying an infant either on the chest or back of the wearer.

22. 1. "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
    2. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
    3. The junction of an alley with a street or highway shall not constitute an intersection.
23. "Laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.
24. "License" or "license to operate a motor vehicle" means any driver's license or any other license or permit to operate a motor vehicle issued in either a physical or electronic format under, or granted by, the laws of this state, including:
    1. Any temporary license or instruction permit;
    2. The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and
    3. Any nonresident's operating privilege as defined in this Code section.
       1. Is used to transport hazardous materials in a type and quantity for which placards are not required in accordance with the Hazardous Materials Regulations prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, Subpart F, or compatible rules prescribed by the commissioner of public safety;
       2. Is used to transport property for compensation;
       3. Is used to transport passengers for compensation, other than a taxicab; or
       4. Is a wrecker or tow truck.

    (24.1) "Lightweight commercial vehicle" means a motor vehicle which does not meet the definition of a commercial motor vehicle and which, in the furtherance of a commercial enterprise:

    (24.2) "Limousine" has the same meaning as provided in paragraph (4) of Code Section 40-1-151.

25. "Local authorities" means every county, municipal, and other local board or body having authority to enact laws relating to traffic under the Constitution and laws of this state.

    (25.1) (For effective date, see note.) "Low-speed vehicle" means any four-wheeled vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface and which is manufactured or converted to comply with standards based upon those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500, as amended.

    (25.2) "Managed lane" means a designated lane or series of designated lanes which utilize tolls payable to the State Road and Tollway Authority and which may use other lane management strategies in order to manage the flow of traffic. Such additional lane management strategies may include, but are not limited to, value pricing, vehicle occupancy requirements, or vehicle type restrictions, or any combination thereof.

26. "Manufacturer" means a person engaged in the manufacture of vehicles and who has an established place of business in this state. Pertaining to PTVs only, the term "manufacturer" also means any person engaged in the manufacture of vehicles who does business in this state, including but not limited to any person who makes modifications to a vehicle that are not approved by the original equipment manufacturer and which may adversely affect the safe operation and performance of the vehicle.

    (26.1) "Manufacturer headquarters" means the headquarters operation of:

    1. A manufacturer as defined in paragraph (26) of this Code section; or
    2. An affiliate of a person engaged in the manufacture of vehicles in this or any other state and which operation is conducted primarily at an established place of business in this state.
27. "Metal tire" means every tire of which the surface in contact with the highway is wholly or partly of metal or other hard, nonresilient material. A vehicle shall be considered equipped with metal tires when metal tires are used on two or more wheels.

    (27.1) "Minimal risk condition" means a low-risk operating mode in which a fully autonomous vehicle operating without a human driver achieves a reasonably safe state, such as bringing the vehicle to a complete stop, upon experiencing a failure of the vehicle's automated driving system that renders the vehicle unable to perform the entire dynamic driving task.

28. "Moped" means a motor driven cycle equipped with two or three wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.

    (28.1) "Motor carrier" shall have the same meaning as provided for in Code Section 40-2-1, and the terms "carrier" and "motor carrier" are synonymous.

29. "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, all-terrain vehicle, and moped.
30. "Motor driven cycle" means every motorcycle, with a motor which produces not to exceed five brake horsepower, and every moped.
31. "Motor home" means every motor vehicle designed, used, or maintained primarily as a mobile dwelling, office, or commercial space.
32. Reserved.
33. "Motor vehicle" means every vehicle which is self-propelled other than an electric assisted bicycle or an electric personal assistive mobility device (EPAMD).

    (33.1) "Multipurpose off-highway vehicle" means any motorized vehicle having features specifically intended for utility use and having the following characteristics:

    1. Has the capability to transport persons or cargo or both;
    2. Operates between 25 miles per hour (40.2 kilometers per hour) and 50 miles per hour (80.4 kilometers per hour);
    3. Has an overall width of 80 inches (2,030 millimeters) or less, exclusive of accessories or attachments;
    4. Is designed to travel on four or more wheels;
    5. Uses a steering wheel for steering control;
    6. Contains a nonstraddle seat;
    7. Has a gross vehicle weight rating of less than 4,000 pounds (1,814 kilograms); and
    8. Has a minimum cargo capacity of 350 pounds (159 kilograms).
34. "New motor vehicle" means any motor vehicle which is not a demonstrator and has never been the subject of a sale at retail to the general public.
35. "Nonresident" means every person who is not a resident of this state.
36. "Nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor vehicle or the use of a vehicle owned by such person in this state.
37. "Official traffic-control devices" means all signs, signals, markings, and devices not inconsistent with this title which are placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.

    (37.1) "Operational design domain" means a description of the specific operating domains in which an automated driving system is designed to effectively operate, including but not limited to geographic limitations, roadway types, speed range, and environmental conditions such as weather and limited visibility.

38. "Operator" means any person who drives or is in actual physical control of a motor vehicle or who causes a fully autonomous vehicle to move or travel with the automated driving system engaged.
39. "Owner" means a person, other than a lienholder or security interest holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in or lien by another person but excludes a lessee under a lease not intended as security except as otherwise specifically provided in this title.
40. "Park" or "parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
41. "Passenger car" means every motor vehicle, except all-terrain vehicles, motorcycles, motor driven cycles, multipurpose off-highway vehicles, personal transportation vehicles, and low-speed vehicles, designed for carrying ten passengers or less and used for the transportation of persons.
42. "Pedestrian" means any person afoot.

    (42.1) "Pedestrian hybrid beacon" means a special type of hybrid beacon used to warn and control traffic at locations without a traffic-control signal to assist pedestrians in crossing a street or highway at a marked crosswalk.

43. "Person" means every natural person, firm, partnership, association, corporation, or trust.

    (43.1) "Personal transportation vehicle" or "PTV" means:

    (43.2) "Personal transportation vehicle path" or "PTV path" means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by personal transportation vehicle drivers.

    1. Any motor vehicle having no fewer than three wheels and an unladen weight of 1,300 pounds or less and which cannot operate at more than 20 miles per hour if such vehicle was authorized to operate on local roads by a local authority prior to January 1, 2012. Such vehicles may also be referred to as "motorized carts" in such local ordinances; and
    2. Any motor vehicle:
       1. With a minimum of four wheels;
       2. Capable of a maximum level ground speed of less than 20 miles per hour;
       3. With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and
       4. Capable of transporting not more than eight persons.

          The term does not include mobility aids, including electric personal assistive mobility devices, power wheelchairs, and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include any all-terrain vehicle or multipurpose off-highway vehicle.

44. "Pneumatic tire" means every tire in which compressed air is designed to support the load. A vehicle shall be considered equipped with pneumatic tires when pneumatic tires are used on all wheels.
45. "Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
46. "Police officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
47. "Private road or driveway" means every way or place in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner, but not by other persons.
48. "Railroad" means a carrier of persons or property upon cars operated upon stationary rails.
49. "Railroad sign or signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
50. "Railroad train" means a steam  engine or electric engine or other motor, with or without cars coupled thereto, operated upon rails.

    (50.01) "Recreational off-highway vehicle" means a motorized vehicle designed for off-road use which is equipped with four or more nonhighway tires and which is 65 inches or less in width.

    (50.1) "Regulatory compliance inspection" means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of business or enterprise operations.

51. "Residence district" means the territory contiguous to and including a highway not comprising a business district, when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.
52. "Right of way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.
53. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately, but not to all such roadways collectively.
54. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
55. "School bus" means:
    1. A motor vehicle operated for the transportation of school children to and from school or school activities or for the transportation of children to and from church or church activities. Such term shall not include a motor vehicle with a capacity of 15 persons or less operated for the transportation of school children to and from school activities or for the transportation of children to and from church or church activities if such motor vehicle is not being used for the transportation of school children to and from school; or
    2. A motor vehicle operated by a local transit system which meets the equipment and identification requirements of Code Section 40-8-115; provided, however, that such vehicle shall be a school bus only while transporting school children and no other passengers to or from school.
56. "Semitrailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

    (56.1) "Shared use path" means a pathway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right of way or within an independent right of way and used by bicycles, pedestrians, manual and motorized wheelchairs, and other authorized motorized and nonmotorized users.

57. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a railway, and the adjacent property lines, intended for use by pedestrians.
58. "Solid tires" means tires of rubber or similarly elastic material that do not depend on confined air for the support of the load. A vehicle shall be considered equipped with solid tires when solid tires are used on two or more wheels.
59. "Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch-digging apparatus, well-boring apparatus, and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and drag lines, and self-propelled cranes and earth-moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
60. "Stand" or "standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
61. "State" means a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of Canada.
62. "Stop" or "stopping":
    1. When required, means complete cessation from movement; or
    2. When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
63. "Street" means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

    (63.1) "Taxicab" means a motor vehicle for hire which conveys passengers between locations of their choice and is a mode of public transportation for a single passenger or small group for a fee. Such term shall also mean taxi or cab, but not a bus or school bus, limousine, passenger car, or commercial motor vehicle.

64. "Through highway" means every highway or portion thereof on which vehicular traffic is given preferential right of way and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right of way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic-control device, when such signs or devices are erected as provided in this title.
65. "Tractor" means any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently.
66. "Traffic" means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.
67. "Traffic-control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
68. "Trailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
69. "Tripper service" means regularly scheduled mass transportation service which is open to the fare-paying public but which is also designed or modified to accommodate the needs of elementary or secondary school students and school personnel.
70. "Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property.
71. "Truck camper" means any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space.
72. "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
73. "Urban district" means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more.
74. "Used motor vehicle" means any motor vehicle which has been the subject of a sale at retail to the general public.
75. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
76. "Wrecker" means a vehicle designed, equipped, or used to tow or carry other motor vehicles by means of a hoist, crane, sling, lift, or roll-back or slide back platform, by a mechanism of a like or similar character, or by any combination thereof, and the terms "tow truck" and "wrecker" are synonymous.

    (Ga. L. 1927, p. 226, § 2; Code 1933, § 68-101; Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 1-9, 11, 13-21; Ga. L. 1966, p. 183, § 1; Ga. L. 1970, p. 586, § 1; Ga. L. 1973, p. 595, § 1; Ga. L. 1973, p. 598, § 1; Code 1933, § 68A-101, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1978, p. 1483, § 1; Ga. L. 1978, p. 2241, §§ 1, 3, 4; Ga. L. 1982, p. 3, § 40; Ga. L. 1983, p. 633, § 1; Ga. L. 1988, p. 691, §§ 1, 2; Ga. L. 1988, p. 1893, § 1; Ga. L. 1989, p. 1792, § 1; Ga. L. 1990, p. 2048, § 1; Ga. L. 1993, p. 518, § 1; Ga. L. 1994, p. 97, § 40; Ga. L. 1996, p. 236, § 1; Ga. L. 1997, p. 419, § 1; Ga. L. 1999, p. 334, § 1; Ga. L. 2001, p. 4, § 40; Ga. L. 2002, p. 506, § 2; Ga. L. 2002, p. 512, §§ 2, 3; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11; Ga. L. 2002, p. 1378, § 1; Ga. L. 2003, p. 308, §§ 1, 2, 3; Ga. L. 2004, p. 67, § 1; Ga. L. 2004, p. 746, § 1; Ga. L. 2006, p. 428, § 1/HB 654; Ga. L. 2007, p. 652, § 1/HB 518; Ga. L. 2010, p. 143, § 1/HB 1005; Ga. L. 2010, p. 442, § 4/HB 1174; Ga. L. 2011, p. 247, § 1/SB 240; Ga. L. 2011, p. 426, § 1/HB 101; Ga. L. 2011, p. 479, §§ 6, 7, 8/HB 112; Ga. L. 2012, p. 726, §§ 1, 2, 3/HB 795; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2014, p. 409, § 1/SB 392; Ga. L. 2014, p. 710, § 1-5/SB 298; Ga. L. 2014, p. 745, § 1/HB 877; Ga. L. 2015, p. 5, § 40/HB 90; Ga. L. 2015, p. 60, § 4-1/SB 100; Ga. L. 2015, p. 1058, § 4/SB 125; Ga. L. 2015, p. 1219, § 1/HB 202; Ga. L. 2017, p. 549, § 1/SB 219; Ga. L. 2019, p. 264, § 2/HB 454; Ga. L. 2019, p. 277, § 1/HB 101; Ga. L. 2020, p. 19, § 1/HB 861; Ga. L. 2020, p. 199, § 3-1/HB 463; Ga. L. 2020, p. 349, § 1/HB 877.)

Delayed effective date. - Paragraph (25.1), as set out above, becomes effective January 1, 2021. For version of paragraph (25.1) in effect until January 1, 2021, see the 2020 amendment note.

The 2017 amendment, effective July 1, 2017, added paragraphs (5.1) and (15.2); redesignated former paragraphs (15.2) and (15.3) as present paragraphs (15.3) and (15.4), respectively; added paragraph (17.2); redesignated former paragraph (17.2) as present paragraph (17.3); substituted "(0.3 degree)" for "(0.3 degrees)" in the second sentence of paragraph (17.3); added paragraphs (27.1) and (37.1); and added "or who causes a fully autonomous vehicle to move or travel with the automated driving system engaged" at the end of paragraph (38).

The 2019 amendments. The first 2019 amendment, effective July 1, 2019, added "and electric assisted bicycles" at the end of the first sentence in paragraph (6.1); inserted "and electric assisted bicycle" near the end of paragraph (6.2); in paragraph (15.3), added "having a power output of not more than 750 watts" at the end of the first sentence, deleted the former second and third sentences, which read: "For such a device to be considered an electric assisted bicycle, it shall meet the requirements of the Federal Motor Vehicle Safety Standards, as set forth in 49 C.F.R. Section 571, et seq., and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied. The electric motor in an electric assisted bicycle shall:

"(A) Have a power output of not more than 1,000 watts;

"(B) Be incapable of propelling the device at a speed of more than 20 miles per hour on level ground; and

"(C) Be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than 20 miles per hour."; in paragraph (30), deleted "including every motor scooter," following "motorcycle," in the middle and deleted "every bicycle with a motor attached," following "horsepower," near the end; and inserted "electric assisted bicycle or an" in the middle of paragraph (33). The second 2019 amendment, effective July 1, 2019, substituted the present provisions of paragraph (3) for the former provisions, which read: " 'All-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with four low-pressure tires, a seat designed to be straddled by the operator, and handlebars for steering."; deleted former paragraphs (8.01), (8.1), and (8.2), which contained definitions for Class I, II, and III all-terrain vehicles; and redesignated former paragraph (8.3) as present paragraph (8.1).

The 2020 amendments. The first 2020 amendment, effective June 29, 2020, substituted "or interstate commerce or both" for "and interstate commerce" in paragraph (8.1). The second 2020 amendment, effective June 30, 2020, inserted "in either a physical or electronic format" in paragraph (15); added paragraph (20.1); and inserted "in either a physical or electronic format" in paragraph (24). The third 2020 amendment, effective January 1, 2021, in paragraph (25.1), deleted "electric" following "four-wheeled", substituted "or converted to comply with standards based upon" for "in compliance with", and substituted ", as amended" for "and in effect on January 1, 2001".

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, a hyphen was deleted from "motor driven" in paragraphs (28), (30), and (41).

Pursuant to Code Section 28-9-5, in 1989, "side" was substituted for "sides" in paragraph (2).

Pursuant to Code Section 28-9-5, in 1993, paragraph (6.3) was redesignated as paragraph (21.1) to place it in alphabetical order.

Pursuant to Code Section 28-9-5, in 1996, "or" was inserted following the semicolon at the end of subparagraphs (10)(A) and (62)(A) and "49 C.F.R. Section 571, et seq." was substituted for "49 CFR 571 et seq." in paragraph (15.5) (now paragraph (15.3)).

Pursuant to Code Section 28-9-5, in 1997, a comma was deleted following "another person" in the second sentence of paragraph (39).

The amendment of this Code section by Ga. L. 2002, p. 506, § 2, irreconcilably conflicted with and was treated as superseded by Ga. L. 2002, p. 512, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Both Ga. L. 2014, p. 409, § 1/SB 392 and Ga. L. 2014, p. 745, § 1/HB 877 enacted a new paragraph (17.1). Pursuant to Code Section 28-9-5, the paragraph enacted by Ga. L. 2014, p. 745, § 1/HB 877 has been redesignated as paragraph (17.2).

Editor's notes. - Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."

Ga. L. 2020, p. 19, HB 861, contains two sections numbered as "2". The language in the second Section 2 of the Act provided an effective date for the Act.

U.S. Code. - Provisions concerning the Transportation of Hazardous Materials are codified at 49 U.S.C. § 5101 et seq.

Law reviews. - For article surveying Georgia cases in the area of insurance from June 1977 through May 1978, see 30 Mercer L. Rev. 105 (1978). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 231 (2017). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 198 (2003). For comment, "Death of the DUI: Should Autonomous Vehicles Be Considered Synonymous to Designated Drivers Under Georgia Law?," see 70 Mercer L. Rev. 1113 (2019).

40-1-2. How horsepower determined.

The Society of Automotive Engineers horsepower rating formula is adopted as the standard for determining the horsepower of passenger-carrying vehicles.

(Ga. L. 1927, p. 226, § 2; Code 1933, § 68-102; Ga. L. 1990, p. 2048, § 1.)

40-1-3. Requiring or permitting unlawful operation of vehicle.

It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly permit the operation of such vehicle upon a highway in any manner contrary to law.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 122; Ga. L. 1990, p. 2048, § 1.)

40-1-4. Stickers, decals, or emblems containing profane or lewd words describing sexual acts, excretory functions, or parts of the human body.

No person owning, operating, or using a motor vehicle in this state shall knowingly affix or attach to any part of such motor vehicle any sticker, decal, emblem, or other device containing profane or lewd words describing sexual acts, excretory functions, or parts of the human body. Any person who violates any part of this Code section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $100.00.

(Code 1981, § 40-1-4 , enacted by Ga. L. 1988, p. 1561, § 1; Ga. L. 1990, p. 2048, § 1.)

40-1-5. Disclosure by dealer of damage to new motor vehicles.

1. As used in this Code section, the terms "dealer," "distributor," "manufacturer," and "new motor vehicle" shall have the same meaning as set forth in Code Section 40-2-39.
2. Except as provided in this subsection and in subsection (c) of this Code section, prior to the sale of a new motor vehicle, a dealer must disclose to the buyer any damage which has occurred to the vehicle of which the dealer has actual knowledge and which costs more than 5 percent of the manufacturer's suggested retail price to repair.  Prior to the sale of a new motor vehicle, a dealer must also disclose to the buyer any damage which has occurred to the paint of which the dealer has actual knowledge and which costs more than $500.00 to repair.  Damages shall be calculated at the actual cost of such repair.
3. Notwithstanding anything to the contrary in subsection (b) of this Code section, in calculating the amount of damage for purposes of disclosure under subsection (b) of this Code section, a dealer shall not be required to take into account nor shall a dealer be required to disclose damage to glass, tires, wheels, bumpers, radio, or in-dash audio equipment, regardless of cost, so long as the item is replaced with original or reasonably comparable equipment.
4. Prior to the delivery of a new motor vehicle, each manufacturer, distributor, carrier, or motor vehicle importer must disclose to the dealer any damage which has occurred to the vehicle of which the manufacturer, distributor, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, distributor, carrier, or motor vehicle importer fails to make any disclosure required by this subsection, then such shall be liable to the dealer for any liability imposed on such dealer for a failure on the part of the dealer to comply with the requirements of this Code section.
5. Prior to the delivery of a new motor vehicle, each manufacturer, carrier, or motor vehicle importer must disclose to the distributor any damage which has occurred to the vehicle of which the manufacturer, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, carrier, or motor vehicle importer fails to make any disclosure required by this subsection, then such shall be liable to the distributor for any liability imposed on such distributor for a failure on the part of the distributor to comply with the requirements of this Code section.
6. If disclosure is not required under this Code section, a buyer may not revoke or rescind a sales contract, and relief may not be sought under this or any other provision of this Code, including Part 2 of Article 15 of Chapter 1 of Title 10 due to the fact that the new motor vehicle was damaged and repaired prior to the sale.
7. A violation of this Code section shall be a per se violation of Code Section 10-1-393 , and the penalties, procedures, and remedies applicable to violations of Code Section 10-1-393 shall be applicable to a violation of this Code section. (Code 1981, § 40-1-5 , enacted by Ga. L. 1990, p. 1657, § 1; Ga. L. 1994, p. 97, § 40.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1990, "40-2-39" was substituted for "40-2-36.1" in subsection (a), since Code Section 40-2-36.1 was redesignated as Code Section 40-2-39 by Ga. L. 1990, p. 2048, § 2.

Law reviews. - For note on 1990 enactment of this Code section, see 7 Ga. St. U.L. Rev. 329 (1990).

40-1-6. Uniforms of law enforcement officers.

Uniformed law enforcement officers of an agency who are assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall wear the same type uniform as other members of the assigned division of such officers' respective agencies. Officers assigned to special operations activities may wear other identifiable uniforms or other clothing appropriate to an operation upon approval of the sheriff, chief of police, or other agency head. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.

(Code 1981, § 40-1-6 , enacted by Ga. L. 2000, p. 1313, § 1.)

40-1-7. Blue light required for officers enforcing traffic; exception.

Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent exterior mounted roof blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. This Code section shall not apply to vehicles of the Georgia State Patrol or of a sheriff's office or police department which office or police department provides law enforcement services by certified peace officers 24 hours a day, seven days a week where the vehicles are marked in accordance with Code Section 40-8-91, with flashing or revolving colored lights visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle, and which also has an illuminating agency identifier reasonably visible to a driver of a vehicle subject to a traffic stop; provided, however, that the Georgia State Patrol shall not be permitted to have more than two vehicles per post without such exterior mounted roof lights; and provided, further, that a sheriff's office or police department shall not be permitted to have more than one vehicle per agency without such exterior mounted roof lights. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.

(Code 1981, § 40-1-7 , enacted by Ga. L. 2000, p. 1313, § 1; Ga. L. 2006, p. 231, § 1/SB 64; Ga. L. 2007, p. 47, § 40/SB 103.)

Administrative Rules and Regulations. - Flashing and Revolving Lights on Motor Vehicles, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Chapter 570-11.

40-1-8. Safe operations of motor carriers, commercial motor vehicles, and drivers; safe transportation of hazardous materials; penalties.

1. As used in this Code section, the term:
   1. "Commissioner" means the commissioner of public safety.
   2. "Department" means the Department of Public Safety.
   3. "Present regulations" means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2020.
2. The commissioner shall have the authority to promulgate rules and regulations for the safe operation of motor carriers, the safe operation of commercial motor vehicles and drivers, and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner shall include, but are not limited to, the following:
   1. Every commercial motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, equipment, and all other parts or accessories shall meet such safety requirements designated by present regulations under Parts 393 and 396;
   2. Every driver employed to operate a motor vehicle for a motor carrier shall:
      1. Be at least 18 years of age to operate a motor vehicle for a motor carrier intrastate and at least 21 years of age to operate a motor vehicle for a motor carrier interstate;
      2. Meet the qualification requirements the commissioner shall from time to time promulgate;
      3. Be of temperate habits and good moral character;
      4. Possess a valid driver's license;
      5. Not use or possess prohibited drugs or alcohol while on duty; and
      6. Be fully competent and sufficiently rested to operate the motor vehicle under his or her charge;
   3. Accidents arising from or in connection with the operation of commercial motor vehicles shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require;
   4. The commissioner shall require each commercial motor vehicle to have attached such distinctive markings as shall be adopted by the commissioner. Such identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; and
   5. The commissioner shall provide distinctive rules for the transportation of unmanufactured forest products in intrastate commerce to be designated the "Georgia Forest Products Trucking Rules."
3. 1. Regulations governing the safe operations of motor carriers, commercial motor vehicles and drivers, and the safe transportation of hazardous materials may be adopted by administrative order, including, but not limited to, by referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," provided that such federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's Internet site. The commissioner may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published.
   2. Rules, regulations, or orders previously adopted, issued, or promulgated pursuant to the provisions of Chapter 7 or 11 of Title 46 in effect on June 30, 2011, shall remain in full force and effect until such time as the commissioner of public safety adopts, issues, or promulgates new rules, regulations, or orders pursuant to the provisions of this Code section.
4. 1. The commissioner may, pursuant to rule or regulation, specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005.
   2. A cause of action for the collection of a penalty imposed pursuant to this subsection may be brought in the superior court of the county where the principal place of business of the penalized company is located or in the superior court of the county where the action giving rise to the penalty occurred.
5. The commissioner is authorized to adopt such rules and orders as he or she may deem necessary in the enforcement of this Code section. Such rules and orders shall have the same dignity and standing as if such rules and orders were specifically provided in this Code section. The commissioner is authorized to establish such exceptions or exemptions from the requirements of this Code section, as he or she shall deem appropriate, consistent with any federal program requirements, and consistent with the protection of the public health, safety, and welfare.
6. 1. The commissioner may designate members of the department, pursuant to Article 5 of Chapter 2 of Title 35, to perform regulatory compliance inspections. Members of county, municipal, campus, and other state agencies may be designated by the commissioner to perform regulatory compliance inspections only of vehicles, drivers, and cargo in operation, and may only enforce the provisions of rules and regulations promulgated under this Code section or Article 2 of this chapter subject to the provisions of a valid agreement between the commissioner and the county, municipal, campus, or other state agency.
   2. Unless designated and authorized by the commissioner, no members of county, municipal, campus, and other state agencies may perform regulatory compliance inspections.
7. No person shall drive or operate, or cause the operation of, a vehicle in violation of an out-of-service order. As used in this subsection, the term "out-of-service order" means a temporary prohibition against operating as a motor carrier or driving or moving a vehicle, freight container or any cargo thereon, or any package containing a hazardous material.
8. Unless otherwise provided by law, a motor carrier or operator of a commercial motor vehicle shall comply with present regulations as follows:
   1. Motor carrier safety standards found in 49 C.F.R. Part 391;
   2. Motor carrier safety standards found in 49 C.F.R. Part 392, including but not limited to the seatbelt usage requirements in 49 C.F.R. Section 392.16; and
   3. Hours of service and record of duty status requirements of 49 C.F.R. Part 395.
9. A person failing to comply with the requirements of paragraph (2) of subsection (h) of this Code section shall be guilty of the misdemeanor offense of failure to wear a seat safety belt while operating a commercial motor vehicle and, upon conviction thereof, shall be fined not more than $50.00 but shall not be subject to imprisonment. The costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. No points shall be added pursuant to Code Section 40-5-57 and no additional fines or penalties shall be imposed.
10. Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this Code section or any order, rule, or regulation adopted pursuant to this Code section, or who procures, aids, or abets a violation of this Code section or such rule or regulation, shall be guilty of a misdemeanor. Misdemeanor violations of this Code section may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of this title. (Code 1981, § 40-1-8 , enacted by Ga. L. 2011, p. 479, § 9/HB 112; Ga. L. 2013, p. 838, § 1/HB 323; Ga. L. 2014, p. 807, § 2/HB 753; Ga. L. 2015, p. 60, § 4-2/SB 100; Ga. L. 2016, p. 374, § 1/HB 747; Ga. L. 2017, p. 141, § 1/HB 58; Ga. L. 2018, p. 206, § 1/HB 714; Ga. L. 2019, p. 865, § 1/HB 225; Ga. L. 2020, p. 19, § 2/HB 861.)

The 2016 amendment, effective July 1, 2016, substituted "2016" for "2015" in paragraph (a)(3).

The 2017 amendment, effective July 1, 2017, substituted "2017" for "2016" in paragraph (a)(3).

The 2018 amendment, effective July 1, 2018, substituted "2018" for "2017" in paragraph (a)(3).

The 2019 amendment, effective July 1, 2019, substituted "2019" for "2018" in paragraph (a)(3).

The 2020 amendment, effective June 29, 2020, substituted "January 1, 2020" for "January 1, 2019" in paragraph (a)(3).

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."

Ga. L. 2020, p. 19, HB 861, contains two sections numbered as "2". The language in the second Section 2 of the Act provided an effective date for the Act.

Administrative Rules and Regulations. - Rules of General Applicability, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Chapter 570-1.

40-1-9. Analysis on elimination of revalidation decal requirement for motor vehicle registration.

Repealed by Ga. L. 2017, p. 742, § 1/HB 412, effective January 1, 2020.

Editor's notes. - This Code section was based on Ga. L. 2017, p. 742, § 1/HB 412.

40-1-20. Short title.

This article shall be known and may be cited as the "Transportation of Hazardous Materials Act."

(Code 1981, § 40-1-20 , enacted by Ga. L. 2011, p. 479, § 10/HB 112.)

40-1-21. Safe transportation of hazardous materials within state.

The General Assembly finds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety, and welfare and the secure transportation of hazardous materials requires control and close regulation of such transportation to minimize that hazard and to that end this article is enacted. This is a remedial law and shall be liberally construed. The Department of Public Safety is designated as the agency to implement and enforce this article.

(Code 1981, § 40-1-21 , enacted by Ga. L. 2011, p. 479, § 10/HB 112.)

40-1-22. Definitions.

As used in this article, the term:

1. "Anhydrous ammonia" means the materials identified as "ammonia, anhydrous," or "ammonia solutions with more than 50 percent ammonia and relative density less than 0.880 at 15 degrees Centigrade in water," in federal hazardous materials regulations contained in Title 49 C.F.R.
2. "C.F.R." means the United States Code of Federal Regulations, as it may be amended from time to time in the Federal Register.
3. "Commissioner" means the commissioner of public safety.
4. "Department" means the Department of Public Safety.
5. "Liquefied natural gas" or "LNG" means methane or natural gas in the form of a cryogenic or refrigerated liquid, as identified in federal hazardous materials regulations contained in Title 49 C.F.R.
6. "Permit" means an instrument of whatever character or nature including, but not limited to, electronic format, issued by the department pursuant to this article.
7. "Person," in addition to the meaning provided in paragraph (43) of Code Section 40-1-1, means and includes any individual, corporation, partnership, association, state, municipality, political subdivision of a state, and any agency or instrumentality of the United States government, or any other entity and includes any officer, agent, or employee of any of the above, who offers, ships, or carries a hazardous material in the furtherance of a commercial or business enterprise, whether or not such transportation is for-hire, or who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests packages designed, used, or intended for the transportation of hazardous materials.
8. "Polychlorinated biphenyl" or "PCB" has the same meaning as the material identified in federal hazardous materials regulations contained in Title 49 C.F.R.
9. "Radioactive material" has the same meaning as the term is used in federal hazardous materials regulations contained in Title 49 C.F.R.
10. "Regulatory compliance inspection" means the examination of facilities, property, buildings, vehicles, equipment, drivers, employees, cargo, packaging, records, books, or supporting documentation kept or required to be kept in the normal course of offering or transporting hazardous materials, or in the normal course of manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing packages designed, used, or intended for the transportation of hazardous materials.
11. "Shipper" means any person who arranges for, provides for, solicits a carrier for, consigns to a carrier for, or contracts with a carrier for shipment or transport of goods, property, or persons. The terms "shipper" and "offeror" are synonymous. (Code 1981, § 40-1-22 , enacted by Ga. L. 2011, p. 479, § 10/HB 112.)

40-1-23. Regulatory compliance inspections; notification; contacts with state; permit required for transporting materials; escorts or inspections; exceptions; recovery for damage or discharge; civil monetary penalties; routing agencies; adoption of regulations.

1. Notwithstanding any other provision of law to the contrary, any person transporting, shipping, or offering for transportation hazardous material on the public roads of this state shall be subject to the requirements of this article. Persons who ship, offer, transport, or store incidental to transportation hazardous materials, or who manufacture, fabricate, mark, maintain, recondition, repair, or test packages used or intended for the transportation of hazardous materials, shall be deemed to have given consent to regulatory compliance inspections.
2. No person, including the state or any agency thereof, shall transport hazardous material in, to, or through this state on the public roads of this state, whether or not the hazardous material is for delivery in this state and whether or not the transportation originated in this state; nor shall any person deliver in this state any hazardous material to any person for transportation; nor shall any such person accept any hazardous material for transportation in this state without compliance with the following requirements: such materials shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, certified, secured, and monitored in compliance with rules and regulations promulgated by the commissioner pursuant to this article and consistent with federal law. Compliance with such rules and regulations shall be in addition to and supplemental of other regulations of the United States Department of Energy, United States Department of Transportation, United States Nuclear Regulatory Commission, Georgia Department of Natural Resources, and state fire marshal, applicable to such persons.
3. 1. The commissioner shall promulgate rules and regulations such that no person shall arrange for the transportation of or cause to be transported in, to, or through this state on the public roads of this state any hazardous material unless such person shall notify the commissioner or his or her designee in accordance with such rules and regulations; provided, however, that such notification requirements shall comply with applicable federal hazardous materials transportation law.
   2. Prior to the transport of spent nuclear fuel or high-level radioactive waste, as those terms are defined in 42 U.S.C. Chapter 108 as amended by the Federal Nuclear Waste Policy Act of 1982, the shipper shall notify the commissioner or his or her designee in the manner required by Title 10 C.F.R. Part 71 or Part 73.
4. Knowledge by a shipper that a carrier proposes to transport hazardous material in or through this state on the public roads of this state shall be sufficient contact with this state to subject such shipper to the jurisdiction of the commissioner and the courts of this state with respect to such transport.
5. 1. No transportation of hazardous material shall take place in or through this state until the commissioner or his or her designee issues a permit authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles which carry hazardous materials. The commissioner or his or her designee may require changes in the proposed dates, times, routes, detention, holding, or storage of such materials during transport as necessary to maximize protection of the public health, safety, welfare, or the environment. The commissioner is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits, provided that such rules and regulations are not in conflict with other provisions of law.
   2. Notwithstanding any provision of law to the contrary, pursuant to uniform permitting provisions of Federal Hazardous Materials Law, 49 U.S.C. Section 5119, the commissioner is authorized to adopt rules and regulations to bring state regulations into compliance with said federal law.
6. Every such permit and all other documentation required by the commissioner shall be carried in the vehicles or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer, firefighter, emergency responder, or employee of the department who has been given enforcement authority by the commissioner.
7. For just cause, including, but not limited to, repeated and consistent past violations, the commissioner may refuse to issue or may cancel, suspend, or revoke the permit of an applicant or permittee.
8. 1. The commissioner or the official designated by the commissioner, pursuant to this Code section and the rules and regulations developed by the commissioner, may issue annual permits which shall allow vehicles transporting hazardous materials to be operated on the public roads of this state for 12 months from the date such permit is issued.
   2. The commissioner or the official designated by the commissioner, pursuant to this Code section and the rules and regulations developed by the commissioner, may issue a single-trip permit to any vehicle.
   3. Pursuant to this article, the commissioner may charge a fee for the issuance of such permits and may develop and adopt an apportionment schedule for fees to be established by rules and regulations promulgated by the commissioner. The fee for the issuance of an annual trip permit shall be not more than $100.00.
9. The commissioner may arrange for escorts or inspections which comply with Code Section 35-2-101.
10. For purposes of this article, the commissioner is expressly authorized to contract with any other state or local agency or department to perform any activities necessary to implement this article. Enforcement of this article and any rules, regulations, or orders promulgated, adopted, or issued hereunder shall be the sole province of the department and those entities the commissioner authorizes in writing, except for provisions relating to anhydrous ammonia.
11. 1. Notwithstanding any other provisions of this article, the commissioner is authorized to establish such exceptions or exemptions from the requirements of this article, or any provision hereof, for such kinds, quantities, types, or shipments of hazardous materials as he or she shall deem appropriate, consistent with the protection of the public health, safety, and welfare.
    2. Specifically, but without limitation, the commissioner shall continue in force the agricultural exceptions in 49 C.F.R. Section 173.5, and the tank exceptions in 49 C.F.R. Section 173.8, as originally adopted in Public Service Commission Appendix "A" File MCA1-3, Docket No. 16632-M, effective June 1, 1998.
12. This article shall not apply to the transportation, delivery, or acceptance for delivery of radioactive materials inside the confines of a single contiguous authorized location of use of any person authorized to use, possess, transport, deliver, or store radioactive materials by the Department of Natural Resources pursuant to Chapter 13 of Title 31 or by the United States Nuclear Regulatory Commission; nor shall this article apply to the transportation, delivery, or acceptance for transportation of radioactive materials under the direction or supervision of the United States Nuclear Regulatory Commission, United States Department of Energy, United States Department of Defense, or other federal agency authorized to possess or transport such material where such transportation, delivery, or acceptance for transportation is escorted by personnel designated by or under the authority of those agencies.
13. This article shall not apply to interstate pipeline facilities which are subject to the jurisdiction of the United States Department of Transportation under the Natural Gas Pipeline Safety Act of 1968.
14. 1. In the event of any damage to state property or any discharge of hazardous materials from the authorized shipping package or container or any threat of such discharge which results from the transportation, storage, holding, detention, delivery for transportation, or acceptance for transportation of hazardous materials in this state, the state may recover from any shipper, carrier, bailor, bailee, or any other person responsible for such storage, transportation, holding, detention, delivery, or acceptance all costs incurred by the state in the reparation of the damage and all costs incurred in the prevention, abatement, or removal of any such discharge or threatened discharge, including reasonable attorney's fees incurred with respect to recovery.
    2. The commissioner is expressly authorized to charge reasonable fees for time, equipment, materials, and supplies used or incurred by the department in the implementation of this article.
    3. The commissioner may issue civil penalties against any person found in violation of this article or any regulations promulgated or adopted for the safe and secure transportation of hazardous materials. Such penalties shall not exceed the limits established by 49 U.S.C. Chapter 51.
15. Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia, shall be subject to all rules and regulations promulgated by the commissioner pursuant to this article governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials.
16. Notwithstanding the provisions of this Code section, the commissioner may impose civil monetary penalties in an amount not to exceed the maximum amounts for penalties established by 49 U.S.C. Chapter 51 for each violation of any rules and regulations promulgated pursuant to this article with respect to persons transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia.
17. The department is designated as the routing agency as defined in Title 49 C.F.R. Part 397, Subpart E. Routing determinations for hazardous materials shall be made in accordance with the provisions of Federal Hazardous Materials Law, 49 U.S.C. Section 5112. The commissioner or his or her designee shall consult with Georgia Department of Transportation, Georgia Department of Natural Resources, Georgia Emergency Management and Homeland Security Agency, Georgia Department of Homeland Security, or other agencies as necessary to carry out these responsibilities.
18. Drivers who transport hazardous materials shall be trained at least to the minimum standards required by federal law. Upon request by the commissioner, proof of such federally required driver training shall be made available to the commissioner or his or her staff.
19. For the transportation of spent nuclear fuel, high-level radioactive waste, and other hazardous materials, the commissioner may take action to ensure that motor vehicles, drivers, and packages used in such transportation have been inspected to show compliance with the federal motor carrier safety regulations and federal hazardous materials regulations, and compatible state regulations adopted pursuant to this article.
20. Notwithstanding any other provisions of law, a bond or indemnity insurance required of carriers shall be established by rules and regulations of the commissioner and shall for all persons subject to this article, whether intrastate or interstate carriers, be at least in the maximum amount or amounts authorized or required by federal law or regulations.
21. No person shall transport or cause the transportation of hazardous materials in violation of an out-of-service order.
22. In addition to any other liability imposed by law, any person who violates or fails to comply with any provision of this article, or any rule, regulation, or order promulgated, adopted, or issued hereunder, shall be guilty of a misdemeanor. Misdemeanor violations of this article may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of this title.
23. 1. The commissioner is authorized and empowered to adopt, promulgate, amend, repeal, or modify such standards, rules, and regulations and to issue such orders, authorizations, or amendments or modifications thereof as are necessary to implement this article. Any standards, rules, or regulations adopted pursuant to this article, if consistent with the applicable laws relating to adoption of such standards, rules, or regulations, shall have the force and effect of law. Any such rules and regulations shall be compatible with federal motor carrier safety regulations and federal hazardous materials regulations in Title 49 C.F.R.
    2. Regulations governing the safe operations of motor carriers, commercial motor vehicles, and drivers and the safe and secure transportation of hazardous materials may be adopted by administrative order, including, but not limited to, referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," provided that such compatible federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's Internet site. The commissioner of public safety may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State merely the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published.
    3. Rules, regulations, or orders previously adopted, issued, or promulgated pursuant to the provisions of Chapter 7 or 11 of Title 46 in effect on June 30, 2011, shall remain in full force and effect until such time as the commissioner adopts, issues, or promulgates new rules, regulations, or orders pursuant to the provisions of this article.
    4. The department shall, to the extent practicable, engage in education, outreach, and customer service activities to reach persons and entities affected by these regulations and to assist the competitiveness of Georgia citizens and businesses engaged in regulated activities. (Code 1981, § 40-1-23 , enacted by Ga. L. 2011, p. 479, § 10/HB 112; Ga. L. 2016, p. 91, § 18/SB 416; Ga. L. 2017, p. 774, § 40/HB 323.)

The 2016 amendment, effective July 1, 2016, inserted "and Homeland Security" in the middle of the second sentence of subsection (q).

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, deleted "35-2-56 [repealed] or" following "Code Section" in subsection (i).

40-1-24. Enforcement; use of funds; regulatory compliance inspections by others; examination of facilities.

1. The commissioner is authorized to employ such persons as may be necessary, in the discretion of the commissioner, for the proper enforcement of this article, as provided for in this article and Chapter 2 of Title 35. It is the intent of the General Assembly, subject to the appropriations process, that funds derived under this article shall be used to further the Department of Public Safety's hazardous materials transportation safety programs; provided, however, that the department shall retain those funds derived specifically for inspection or escort.
2. The commissioner is vested with police powers and authority to designate, deputize, and delegate to employees of the commissioner the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public highways and to enter upon and inspect shipper and carrier facilities for purposes of determining whether such vehicles and facilities have complied with and are complying with the provisions of this article and all other laws regulating the use of the public highways by motor vehicles, and to arrest all persons found in violation thereof, and to issue out-of-service orders to carriers, vehicles, and drivers in accordance with criteria which shall be established or adopted by the commissioner.
3. As designated by the commissioner, by way of agreement, members of county, municipal, campus, and other state agencies may only perform regulatory compliance inspections of vehicles, drivers, and cargo in operation, and enforce the provisions of this article and rules and regulations promulgated hereunder subject to the terms and conditions of that agreement.
4. The commissioner is vested with powers to designate, deputize, and delegate to employees of the department the necessary authority to enter upon and examine the facilities where hazardous materials are filled, offered, shipped, or stored incidental to transportation, or where packages are manufactured, fabricated, marked, maintained, reconditioned, repaired, or tested for purposes of regulatory compliance inspections for determining compliance with this article and other laws the administration or enforcement of which is the responsibility of the department. (Code 1981, § 40-1-24 , enacted by Ga. L. 2011, p. 479, § 10/HB 112.)

40-1-25. Severability.

In the event that any section, paragraph, or other part of this article, or any requirement thereunder, or any rule, regulation, or order of the commissioner promulgated hereunder, is found to be preempted by federal law, or otherwise found to be improper, null or otherwise void, all other requirements not so preempted or otherwise so found shall remain in full force and effect.

(Code 1981, § 40-1-25 , enacted by Ga. L. 2011, p. 479, § 10/HB 112.)

40-1-50. Short title.

This article shall be known and may be cited as the "Georgia Motor Carrier Act of 2012."

(Code 1981, § 40-1-50 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

Cross references. - Standard of care to be observed by common carriers generally, § 46-9-1 .

Creation of Railway Passenger Service Corridor System, T. 46, C. 8A.

Road tax on motor carriers, § 48-9-30 et seq.

Law reviews. - For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017).

40-1-51. Legislative findings; construction.

The General Assembly finds that the for-hire transportation of persons and property are a privilege that require close regulation and control to protect public welfare, provide for a competitive business environment, and provide for consumer protection. To that end, the provisions of this article are enacted. This is a remedial law and shall be liberally construed. The Department of Public Safety is designated as the agency to implement and enforce this article. Exceptions contained in this article shall have no effect on the applicability of any other provision of law applicable to motor vehicles, commercial motor vehicles, operators of motor vehicles, or carrier operations.

(Code 1981, § 40-1-51 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-52. Establishment of Motor Carrier Compliance Division.

There is created and established a division within the Department of Public Safety to be known as the Motor Carrier Compliance Division which shall include a section designated the Regulatory Compliance Section. Except as provided in Chapter 2 of Title 35, the members of the Motor Carrier Compliance Division shall be known and designated as law enforcement officers. The Regulatory Compliance Section shall be responsible for the regulation of the operation of motor carriers and limousine carriers in accordance with this article, Code Section 40-1-8, and Article 2 of this chapter.

(Code 1981, § 40-1-52 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 2/HB 323.)

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-53. "Department" defined; methods of enforcement.

1. As used in this article, the term "department" means the Department of Public Safety.
2. The department is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief. (Code 1981, § 40-1-53 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 3/HB 323.)

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-54. Rules and regulations for implementation and administration.

1. The department shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2. The commissioner is authorized to issue such orders, authorizations, and modification thereof as necessary to implement this article.
3. A court shall take judicial notice of all rules and regulations promulgated by the department pursuant to this Code section. (Code 1981, § 40-1-54 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-55. Penalty for violations.

Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article relating to the regulation of motor carriers and limousine carriers or any order, rule, or regulation of the Department of Public Safety, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. Misdemeanor violations of this article may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of this title.

(Code 1981, § 40-1-55 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-56. Financial penalty for violations; suspension of certificate or permit; notice; review.

1. Any motor carrier or limousine carrier subject to the provisions of Part 2 or Part 3 of this article that fails to register as a motor carrier or limousine carrier with the department or that is subject to the jurisdiction of the department and willfully violates any law administered by the department or any duly promulgated regulation issued thereunder, or that fails, neglects, or refuses to comply with any order after notice thereof, shall be liable for a penalty not to exceed $15,000.00 for such violation and an additional penalty not to exceed $10,000.00 for each day during which such violation continues.
2. Following a reasonable attempt to notify a holder of a certificate, the commissioner is authorized to immediately suspend a motor carrier or limousine carrier certificate or permit if the commissioner finds that such suspension is necessary to protect against an immediate threat to the life, health, or safety of others. An emergency suspension made pursuant to this subsection may be appealed by filing a request for administrative review with the department within 30 days of receipt of notice of the department's decision. An administrative hearing shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
3. Notice of a violation and the assessed amount shall be made by means of personal service upon the violator. The notice shall include a warning that a vehicle related to the violation may be subject to suspension of the registration pursuant to Code Section 40-1-56.1. The respondent shall then have 60 days in which to pay the assessed penalty or file with the department a written request for an administrative review. The request for an administrative review shall specify whether the respondent is challenging the validity of the imposition of the penalty or the amount of the assessment, or both. An administrative hearing shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
4. 1. All penalties and interest thereon, at the rate of 10 percent per annum, recovered by the department shall be paid into the general fund of the state treasury.
   2. Reissuance fees charged by the Department of Revenue shall be retained by the Department of Revenue.
   3. Restoration fees charged by the department shall be retained by the department.
5. 1. Any party who has exhausted all administrative remedies available before the department and who is aggrieved by a final decision of the department made pursuant to this Code section may seek judicial review of the final order of the department in the Superior Court of Fulton County or in the superior court of the county in which the principal place of business of the aggrieved party is located.
   2. Proceedings for review shall be instituted by filing a petition within 30 days after the service of the final decision of the department or, if a rehearing is requested, within 30 days after the decision thereon. A motion for rehearing or reconsideration after a final decision by the department shall not be a prerequisite to the filing of a petition for review. Copies of the petition shall be served upon the department and all parties of record before the department.
   3. The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision, and the ground upon which the petitioner contends the decision should be reversed. The petition may be amended by leave of court.
   4. Within 30 days after service of the petition or within such further time as is stipulated by the parties or as is allowed by the court, the agency shall have transmitted to the reviewing court the original or a certified copy of the entire record of the proceedings under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate that the record be limited may be taxed for the additional costs. The court may require or permit subsequent corrections or additions to the record.
   5. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the department as to the weight of the evidence on questions of fact. The court may affirm the decision of the department or remand the case for further proceedings. The court may reverse the decision of the department if substantial rights of the petitioner have been prejudiced because the department's findings, inferences, conclusions, or decisions are:
      1. In violation of constitutional or statutory provisions;
      2. In excess of the statutory authority of the department;
      3. Made upon unlawful procedure;
      4. Clearly not supported by any reliable, probative, and substantial evidence on the record as a whole; or
      5. Arbitrary or capricious.
   6. A party aggrieved by an order of the court may appeal to the Supreme Court or to the Court of Appeals in accordance with Article 2 of Chapter 6 of Title 5, the "Appellate Practice Act." (Code 1981, § 40-1-56 , enacted by Ga. L. 2013, p. 838, § 4/HB 323.)

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

Ga. L. 2013, p. 838, § 4/HB 323 repealed former Code Section 40-1-56, pertaining to a penalty for a failure to register, administrative procedures, and judicial review, effective July 1, 2013, and enacted the present Code section. The former Code section was based on Ga. L. 2012, p. 580, § 1/HB 865.

Administrative Rules and Regulations. - Penalties, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Non-Consenual Towing, § 570-36-.12.

40-1-56.1. Unpaid assessments; liens on identifiable vehicles; perfection; suspension of registration.

1. Whenever any motor carrier or limousine carrier owes penalties to the department which were imposed for violations pursuant to Code Section 40-1-56 and the violation relates to an identifiable vehicle, then the motor carrier or limousine carrier shall have 60 days from the date of the assessed penalty or final judicial review following an appeal of the assessment. If the assessment is not paid within the 60 days, such assessment shall become a lien upon the identified motor vehicle found to be in violation, and the lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the department was created.
2. The department shall perfect the lien created under this Code section by sending notice thereof on a notice designated by the department, by first-class mail or by statutory overnight delivery, return receipt requested, to the owner and all holders of liens and security interests shown on the records of the Department of Revenue maintained pursuant to Chapter 3 of this title. Upon receipt of notice from the Department of Public Safety, the holder of the certificate of title shall surrender the same to the state revenue commissioner for issuance of a replacement certificate of title bearing the lien of the department unless the assessment is paid within 60 days of the receipt of notice. The Department of Revenue may append the lien to its records, notwithstanding the failure of the holder of the certificate of title to surrender such certificate as required by this subsection.
3. Upon issuance of a title bearing the lien of the department, or the appending of the lien to the records of the Department of Revenue, the owner of the vehicle or the holder of any security interest or lien shown in the records of the Department of Revenue may satisfy such lien by payment of the amount of the assessment, including hearing costs, if any, and payment of an additional reissuance fee of $100.00 which shall be paid to the Department of Revenue. Upon receipt of such amount, the department shall release its lien and the Department of Revenue shall issue a new title without the lien.
4. 1. The department, in seeking to foreclose its lien on the motor vehicle arising out of an assessed violation pursuant to Code Section 40-1-56, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the department, its agents, its officers, or attorney setting forth the basis of the petitioner's claim and sufficient grounds for issuance of an immediate writ of possession.
   2. The department shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition.
   3. The court before whom the petition is pending shall issue a writ for immediate possession upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly.
   4. When an immediate writ of possession has been granted, the department shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269.
5. 1. Whenever any motor carrier or limousine carrier fails within 60 days of the date of issuance of a penalty involving an identifiable vehicle assessed pursuant to Code Section 40-1-56 either to pay the assessment or appeal to the department for an administrative review, the Department of Revenue may act to suspend the motor vehicle registration of the vehicle involved. However, if the motor carrier or limousine carrier requests an administrative review, the Department of Revenue shall act to suspend the registration only after the issuance of a final decision favorable to the department and the requisite failure of the motor carrier or limousine carrier to pay the assessment. Upon such failure to pay the assessment, the Department of Revenue shall send a letter to the owner of such motor vehicle notifying the owner of the suspension of the motor vehicle registration issued to the motor vehicle involved in violation which was the basis for the penalty. Upon complying with this subsection by paying the overdue assessment, submitting proof of compliance, and paying a $10.00 restoration fee to the Department of Revenue, the state revenue commissioner shall reinstate any motor vehicle registration suspended under this subsection. In cases where the motor vehicle registration has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Revenue shall suspend the motor vehicle registration for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays a $150.00 restoration fee to the Department of Revenue.
   2. Unless otherwise provided for in this Code section, notice of the effective date of the suspension of a motor vehicle registration occurs when the owner has actual knowledge or legal notice thereof, whichever first occurs. For the purposes of making any determination relating to the restoration of a suspended motor vehicle registration, no period of suspension shall be deemed to have begun until ten days after the mailing of the notice required in paragraph (1) of this subsection.
   3. For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a motor carrier or limousine carrier at the name and address shown in records of the Department of Revenue maintained under Chapter 3 of this title shall, with respect to the holders of liens and security interests, be presumptive evidence that such motor carrier or limousine carrier received the required notice.
   4. For the purposes of this subsection, except where otherwise provided, the mailing of a notice to owners and operators of vehicles involved in a penalty assessed pursuant to 40-1-56 shall be presumptive evidence that such motor carrier or limousine carrier received the required notice.
   5. The state revenue commissioner may suspend the motor vehicle registration of any offending vehicle for which payment of an assessment is made by a check that is returned for any reason. (Code 1981, § 40-1-56.1 , enacted by Ga. L. 2013, p. 838, § 5/HB 323.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2013, a misspelling of "reissuance" was corrected in subsection (c).

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-57. Applicability of prior action of Public Service Commission.

Rules, orders, and regulations previously adopted which relate to functions performed by the Public Service Commission which were transferred under this article to the Department of Public Safety shall remain of full force and effect as rules, orders, and regulations of the Department of Public Safety until amended, repealed, or superseded by rules or regulations adopted by the department.

(Code 1981, § 40-1-57 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2012, a misspelling of "Public" was corrected.

40-1-58. (Effective January 1, 2021) Determining employment status based upon a motor carrier safety improvement.

1. For purposes of this Code section, the term "motor carrier safety improvement" means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate compliance with traffic safety or motor carrier safety laws, safety of a motor vehicle, safety of the operator of a motor vehicle, or safety of third-party users of highways of this state.
2. The deployment, implementation, or use of a motor carrier safety improvement by or as required by a motor carrier or its related entity, including by contract, shall not be considered when evaluating an individual's status as an employee or independent contractor, or as a jointly employed employee, under any state law. (Code 1981, § 40-1-58 , enacted by Ga. L. 2020, p. 318, § 1/HB 758.)

Effective date. - This Code section becomes effective January 1, 2021.

40-1-100. Definitions.

As used in this part, the term:

1. "Carrier" means a person who undertakes the transporting of goods or passengers for compensation.
2. "Certificate" or "motor carrier certificate" means a certificate of public convenience and necessity issued pursuant to this part or under the "Motor Carrier Act of 1929," under the "Motor Carrier Act of 1931," or under prior law.
3. "Commissioner" means the commissioner of public safety.
4. "Company" shall include a corporation, a firm, a partnership, an association, or an individual.
5. "Corporate sponsored vanpool" means a rideshare program sponsored by an employer in which the employer pays all or some of the costs associated with the transportation of its employees to a single work reporting location and all the vehicles used in the program have a manufacturer's gross vehicle weight rating of not more than 10,000 pounds and are designed to carry not more than 15 passengers including the driver.
6. "Department" means the Department of Public Safety.
7. "Exempt rideshare" means:
   1. Government endorsed rideshare programs;
   2. Rideshare programs in which a rideshare driver seeks reimbursement for, or the rideshare participants pool or otherwise share, rideshare costs such as fuel; or
   3. The leasing or rental of a vehicle, in the ordinary course of the lessor's or rentor's business, for rideshare purposes as part of a government endorsed rideshare program, or for rideshare under a contract requiring compliance with subparagraph (B) of this paragraph.
8. "For compensation" or "for hire" means an activity relating to a person engaged in the transportation of goods or passengers for compensation.
9. "Government endorsed rideshare program" means a vanpool, carpool, or similar rideshare operation conducted by or under the auspices of a state or local governmental transit instrumentality, such as GRTA, a transportation management association, or a community improvement district, or conducted under the auspices of such transit agencies, including through any form of contract between such transit instrumentality and private persons or businesses.
10. "GRTA" means the Georgia Regional Transportation Authority, which is itself exempt from regulation as a carrier under Code Section 50-32-71.
11. "Household goods" means any personal effects and property used or to be used in a dwelling when a part of the equipment or supplies of such dwelling and such other similar property as the commissioner may provide for by regulation; provided, however, that such term shall not include property being moved from a factory or store except when such property has been purchased by a householder with the intent to use such property in a dwelling and such property is transported at the request of, and with transportation charges paid by, the householder.
12. "Motor carrier" means:
    1. Every person owning, controlling, operating, or managing any motor vehicle, including the lessees, receivers, or trustees of such persons or receivers appointed by any court, used in the business of transporting for hire persons, household goods, or property or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13 for hire over any public highway in this state.
    2. Except as otherwise provided in this subparagraph, the term "motor carrier" shall not include:
       1. Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools;
       2. Taxicabs which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities; the provisions of this division notwithstanding, vehicles and the drivers thereof operating within the corporate limits of any city shall be subject to the safety regulations adopted by the commissioner of public safety pursuant to Code Section 40-1-8;
       3. Limousine carriers as provided for in Part 3 of this article;
       4. Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel;
       5. Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and disabled passengers or employees under a corporate sponsored vanpool program, except that a vehicle owned by the driver may be operated for profit when such driver is traveling to and from his or her place of work, provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this part, elderly and disabled passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected;
       6. Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof;
       7. Vehicles, owned or operated by the federal or state government or by any agency, instrumentality, or political subdivision of the federal or state government, or privately owned and operated for profit or not for profit, capable of transporting not more than ten persons for hire when such vehicles are used exclusively to transport persons who are elderly, disabled, en route to receive medical care or prescription medication, or returning after receiving medical care or prescription medication. For the purpose of this part, elderly and disabled persons shall have the same meaning as in division (v) of this subparagraph; or
       8. Ambulances.
13. "Passenger" means a person who travels in a public conveyance by virtue of a contract, either express or implied, with the carrier as to the payment of the fare or that which is accepted as an equivalent therefor. The prepayment of fare is not necessary to establish the relationship of passenger and carrier, although a carrier may demand prepayment of fare if persons enter his or her vehicle by his or her permission with the intention of being carried; in the absence of such a demand, an obligation to pay fare is implied on the part of the passenger, and the reciprocal obligation of carriage of the carrier arises upon the entry of the passenger.
14. "Permit" means a written or electronic authorization issued by the department to motor carriers of passengers and nonconsensual towing companies for the purpose of providing services in accordance with the rules and guidelines of the department.
15. "Person" means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character.
16. "Public highway" means every public street, road, highway, or thoroughfare of any kind in this state.
17. "Vehicle" or "motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the commissioner. (Code 1981, § 40-1-100 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2013, p. 838, § 6/HB 323.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2012, "Code Section 40-1-8" was substituted for "Code Section 60-1-8" at the end of division (10)(B)(ii) (now division (12)(B)(ii)) and "division (v) of this subparagraph" was substituted for "division (iv) of this subparagraph" near the end of division (10)(B)(vii) (now division (12)(B)(vii)).

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

Law reviews. - For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017).

40-1-101. Regulatory compliance inspections; regulation of business; requirements of motor carriers.

1. Notwithstanding any other provision of law to the contrary, all motor carriers operating on the public roads of this state shall be subject to the requirements of this part and shall be deemed to have given consent to regulatory compliance inspections.
2. Unless expressly prohibited by federal law, the commissioner is vested with power to regulate the business of any person engaged in the transportation as a motor carrier of persons or property, either or both, for hire on any public highway of this state.
3. The commissioner is authorized to employ and designate a person or persons as necessary to implement and carry out the functions contained in this part.
4. All motor carriers shall:
   1. Obtain a certificate as required by this part;
   2. Maintain liability insurance as provided in the rules and regulations of the department;
   3. Act in compliance with Georgia's workers' compensation laws as provided in Chapter 9 of Title 34; and
   4. Be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law. (Code 1981, § 40-1-101 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79.)

Editor's notes. - Ga. L. 2013, p. 141, § 40(4)/HB 79, which amended this Code section, purported to amend paragraph (3) of this Code section, but actually amended paragraph (d)(3) of this Code section.

Law reviews. - For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017).

40-1-102. Certificate or permit prerequisite to operation; minimum insurance requirement.

1. No motor carrier of passengers or household goods shall, except as otherwise provided in this part, operate without first obtaining from the commissioner a certificate or permit.
2. Before a motor carrier may enter into any contract for the transportation of passengers, the motor carrier shall provide to all parties to the agreement a copy of the motor carrier's proof of legally required minimum insurance coverage and a valid certification number demonstrating that the motor carrier is currently certified by the commissioner, the Federal Motor Carrier Safety Administration, or any other similarly required certifying agency. Any contract entered into in violation of this Code section shall be void and unenforceable. (Code 1981, § 40-1-102 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2013, p. 756, § 1/HB 255; Ga. L. 2013, p. 838, § 7/HB 323.)

Editor's notes. - Ga. L. 2013, p. 141, § 54(f)/HB 79, not codified by the General Assembly, provides that: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2013 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict."

Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-103. Application form for certificate; issuance to qualified applicant.

1. The department shall prescribe the form of the application for a motor carrier certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process.
2. A motor carrier certificate shall be issued to any qualified applicant, provided that such applicant is a motor carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this part and the rules and regulations of the department and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle. (Code 1981, § 40-1-103 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-104. Revocation, alteration, or amendment of certificate or permit; suspension; out-of-service orders.

1. The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, revoke, alter, or amend any motor carrier certificate or permit, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner or any of the provisions of this part or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commissioner the holder of the certificate is not furnishing adequate service.
2. The commissioner may, at any time, after reasonable attempt at notice, immediately suspend any motor carrier certificate or permit, if the commissioner finds such suspension necessary:
   1. To protect life, health, or safety;
   2. For the protection of consumers; or
   3. Based upon a finding that the carrier no longer meets the qualification or fitness requirements of Code Section 40-1-103 or 40-1-106.

      Certificate holders affected by such suspension may appeal to the commissioner for review pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The commissioner may exercise his or her discretion to designate a hearing officer for such appeals.

3. The commissioner, or his or her designated employees, may issue an out-of-service order or orders to a certificate or permit holder, pursuant to the provisions of this article or the department's rules. (Code 1981, § 40-1-104 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2013, p. 838, § 8/HB 323.)

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-105. Transfer of certificate.

Any motor carrier certificate issued pursuant to this part may be transferred upon application to and approval by the commissioner, and not otherwise.

(Code 1981, § 40-1-105 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-106. Fitness of applicant; protest of application by certificate holder.

1. The commissioner shall issue a motor carrier certificate to a person authorizing transportation as a motor carrier of passengers or household goods subject to the jurisdiction of the department if the commissioner finds that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the department. Fitness encompasses three factors:
   1. The applicant's financial ability to perform the service it seeks to provide;
   2. The applicant's capability and willingness to perform properly and safely the proposed service; and
   3. The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the department.
2. The initial burden of making out a prima-facie case that an applicant is fit to provide such service rests with the applicant.
3. Upon an applicant making out a prima-facie case as to the motor carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought should not be granted.
4. A protest of a motor carrier of passengers or of household goods to an application shall not be considered unless the protesting motor carrier:
   1. Possesses authority from the department to handle, in whole or in part, the authority which is being applied for and is willing and able to provide service and has performed service during the previous 12 month period or has actively in good faith solicited service during such period;
   2. Has pending before the department an application previously filed with the department for substantially the same authority; or
   3. Is granted by the commissioner leave to intervene upon a showing of other interests which in the discretion of the commissioner would warrant such a grant.
5. The commissioner may issue a certificate without a hearing if the application is unprotested or unopposed. (Code 1981, § 40-1-106 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 9/HB 323.)

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-107. Information in application.

The commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods or property shall apply for certificates required by this part. Such rules shall require that the application be in writing, under oath, and that the application:

1. Contains full information concerning the applicant's financial condition, the equipment proposed to be used, including the size, weight, and capacity of each vehicle to be used, and other physical property of the applicant;
2. States the complete route or routes over which the applicant desires to operate and the proposed time schedule of the operation; and
3. Contains any such other or additional information as the commissioner may order or require. (Code 1981, § 40-1-107 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-108. Transportation of persons under age 21 drinking alcohol.

Any motor carrier subject to the jurisdiction of the commissioner that transports passengers shall comply with the provisions of Code Section 3-3-23, concerning consumption of alcoholic beverages by persons under the age of 21. The commissioner shall provide to all motor carriers, at the time of registration or renewal of a certificate, an informational packet emphasizing the prohibition on alcohol consumption by persons under the age of 21 while being transported by the motor carrier.

(Code 1981, § 40-1-108 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-109. Fees upon initial application.

The commissioner shall collect the following one-time fees upon initial application of a motor carrier pursuant to this part:

1. A fee of $75.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates fewer than six motor vehicles;
2. A fee of $150.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates six to 15 motor vehicles;
3. A fee of $200.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates more than 15 motor vehicles;
4. A fee of $75.00 to accompany each application for transfer of a motor carrier certificate; and
5. A fee of $50.00 to accompany each application for intrastate temporary emergency authority under Code Section 40-1-114 . (Code 1981, § 40-1-109 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2012, "Code Section 40-1-114" was substituted for "Code Section 40-1-104" at the end of paragraph (5).

40-1-110. Hearing and notice of pending application.

The commissioner, upon the filing of an application for a motor carrier certificate, shall give notice of the pending application by posting the same on the department's official website for ten days. If a protest is filed with the department, the commissioner shall fix a time and place for a hearing. If no protest is filed with the department or if the protest is subsequently withdrawn, the commissioner may issue the motor carrier certificate without a hearing.

(Code 1981, § 40-1-110 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 10/HB 323.)

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-111. Limitation upon reapplication for denied applicants.

When an application for a motor carrier certificate under this part has been in whole or in part denied by the commissioner, or has been granted by the commissioner, and the order of the commissioner granting same has been quashed or set aside by a court of competent jurisdiction, a new application by the same petitioner or applicant therefor shall not be again considered by the department within three months from the date of the order denying the same or the judgment of the court quashing or setting aside the order.

(Code 1981, § 40-1-111 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-112. Insurance of motor carriers.

1. No motor carrier of household goods or property or passengers shall be issued a motor carrier certificate unless there is filed with the department a certificate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state, which policy must provide for the protection, in case of passenger vehicles, of passengers and the public against injury proximately caused by the negligence of such motor carrier, its servants, or its agents; and, in the case of vehicles transporting household goods, to secure the owner or person entitled to recover against loss or damage to such household goods for which the motor common carrier may be legally liable. The department shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. The failure to file any form required by the department shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer.
2. The department shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in its opinion the financial ability of the motor carrier so warrants.
3. It shall be permissible under this part for any person having a cause of action arising under this part to join in the same action the motor carrier and the insurance carrier, whether arising in tort or contract. (Code 1981, § 40-1-112 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

Law reviews. - For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017). For annual survey on insurance law, see 69 Mercer L. Rev. 117 (2017).

40-1-113. Transportation contracts limiting liability.

1. As used in this Code section, the term:
   1. "Motor carrier transportation contract" means a contract, agreement, or understanding covering:
      1. The transportation of property for compensation or hire by the motor carrier;
      2. Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
      3. A service incidental to activity described in subparagraph (A) or (B) of this paragraph, including, but not limited to, storage of property.

         Motor carrier transportation contract shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.

   2. "Promisee" means the person promising to provide transportation of property and any agents, employees, servants, or independent contractors who are directly responsible to such person but shall not include a motor carrier party to a motor carrier transportation contract with such person and such motor carrier's agents, employees, servants, or independent contractors directly responsible to such motor carrier.
2. Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable. (Code 1981, § 40-1-113 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-114. Temporary emergency authority issued to carriers.

Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the department may, in its discretion and without a hearing or other prior proceeding, grant to any person temporary motor carrier authority for such service. The order granting such authority shall contain the department's findings supporting its determination that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commissioner finds necessary with respect to such authority. Emergency temporary motor carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the department shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor carrier granted temporary emergency motor carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period.

(Code 1981, § 40-1-114 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-115. Notice of discontinuance of route.

A motor carrier of passengers may discontinue its entire service on any route upon 30 days' published notice to be prescribed by the department, and thereupon its certificate therefor shall be canceled. A motor carrier of passengers may discontinue any part of its service on any route upon 30 days' published notice, subject, however, to the right of the department to withdraw its certificate for such route if, in the opinion of the commissioner, such diminished service is not adequate or is no longer compatible with the public interest.

(Code 1981, § 40-1-115 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-116. Additional taxation prohibited by localities.

No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature, on the right of a motor carrier to operate equipment, or on the equipment, or on any incidents of the business of a motor carrier.

(Code 1981, § 40-1-116 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-117. Registered agents of nonresident motor carrier; service; venue for cause action; vehicles excluded from motor carrier or contract carrier; covered farm vehicles.

1. Each nonresident motor carrier shall, before any certificate or permit is issued to it under this part or at the time of registering as required by Code Section 40-2-140, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the state revenue commissioner. Upon failure of any nonresident motor carrier to file such designation with the state revenue commissioner or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail or statutory overnight delivery, return receipt requested, by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00.
2. Except in those cases where the Constitution requires otherwise, any action against any resident or nonresident motor carrier for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the state revenue commissioner may be brought in the county where the cause of action or some part thereof arose; and if the motor carrier or its agent shall not be found for service in the county where the action is instituted, a second original may be issued and service be made in any other county where the service can be made upon the motor carrier or its agent. The venue prescribed by this Code section shall be cumulative of any other venue provided by law.
3. Except in those cases where the Constitution requires otherwise, for the purposes of venue only, any truck engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill shall not be classified as a motor common or contract carrier.
4. 1. As used in this subsection, the term "covered farm vehicle" means a motor vehicle with a gross vehicle weight rating or gross vehicle weight, whichever is greater, of 26,000 pounds or less; or a motor vehicle with a gross vehicle weight rating or gross vehicle weight that is greater than 26,000 pounds and which is traveling within the registered state or within 150 miles of the farm or ranch for which it is used. To qualify as a covered farm vehicle either type of motor vehicle listed in this paragraph must also be:
      1. Registered in this or another state;
      2. Operated by a farmer, rancher, or tenant under a crop share farm lease agreement or a family member or employee of a farmer, rancher, or crop share tenant;
      3. Used primarily for the transportation of farm supplies, crops, livestock, or farm machinery; and
      4. Not used in a for hire motor carrier operation; provided, however, that this requirement shall not apply to a motor vehicle operated under a tenant crop share agreement used primarily for transporting crops of the landlord.
   2. A covered farm vehicle is not a motor carrier; provided, however, that any motor vehicle required by federal law to be designated as either a covered farm vehicle or a motor carrier shall be so designated as required by federal law.
   3. A covered farm vehicle must be equipped with either a license plate or possess such other special designation issued by the state where such vehicle is registered and the license plate or special designation must indicate that such vehicle is a covered farm vehicle. (Code 1981, § 40-1-117 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, §§ 11, 12/HB 323.)

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date; provided, however, that Section 12 of this Act shall not be effective until January 1, 2014."

Law reviews. - For annual survey on business associations, see 70 Mercer L. Rev. 19 (2018). For annual survey on trial practice and procedure, see 70 Mercer L. Rev. 253 (2018). For annual survey on commercial transportation: a two-year survey, see 71 Mercer L. Rev. 39 (2019).

40-1-118. Establishment of just and reasonable rates, fares, and charges for transportation.

The commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor carriers of household goods and for all services rendered by motor carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the department may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the department may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the department shall establish a rate-making procedure for all carriers of household goods. Failure on the part of any motor carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the department.

(Code 1981, § 40-1-118 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-119. Charges by motor carriers; unjust discrimination by carriers prohibited.

No motor carrier of household goods or passengers shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of household goods or passengers or for any service rendered in connection therewith than the rates, fares, and charges prescribed or approved by order of the department; nor shall any such motor carrier unjustly discriminate against any person in its rates, fares, or charges for service. The commissioner may prescribe, by general order, to what persons motor carriers of passengers may issue passes or free transportation; may prescribe reduced rates for special occasions; and may fix and prescribe rates and schedules.

(Code 1981, § 40-1-119 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 13/HB 323.)

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-120. Limiting baggage size for motor carrier's passengers.

Motor carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the motor carrier may limit by its rules and regulations, subject to the approval of the department; and the department may by rule or regulation limit the amount of the liability of the motor carrier therefor. If a motor carrier shall elect to carry the personal baggage of passengers, other than hand baggage, the department shall prescribe just and reasonable rates therefor and such other rules and regulations with respect thereto as may be reasonable and just, and may by rule or regulation limit the amount of the liability of the motor carrier therefor.

(Code 1981, § 40-1-120 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-121. Inspection of books and records.

The department shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this part, which books and accounts shall be preserved for such reasonable time as may be prescribed by the department. The books and records of every certificate holder shall be at all times open to the inspection of any agent of the department for such purpose. The department shall have the power to examine the books and records of all motor carriers to whom it has granted certificates or permits to operate under this part and to examine under oath the officers and agents of any motor carrier with respect thereto.

(Code 1981, § 40-1-121 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-122. Observing laws; schedule of operation.

Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers shall, and interstate motor carriers of passengers may, file with the department the schedules upon which they propose to operate their vehicles, which schedules shall be such that the net running time of vehicles between terminal points shall not exceed the lawful speed limit; and any motor carrier of passengers filing such a schedule shall be allowed to operate his or her vehicles on the highway at a rate of speed not exceeding the lawful speed limit in order to maintain a schedule so filed.

(Code 1981, § 40-1-122 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-123. Enjoining operation of motor carriers.

Any motor carrier which operates on the public highways of this state without the required certificate or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this part, or which operates otherwise than is permitted by the terms of such certificate or permit or the laws of this state may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the department, by a competing motor carrier or rail carrier, or by any individual.

(Code 1981, § 40-1-123 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-124. Perpetual franchise over public highways prohibited.

Nothing in this part or any other law shall be construed to vest in the owner, holder, or assignee of any certificate or permit issued under this part any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual franchise over such public highways.

(Code 1981, § 40-1-124 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-125. Hearing upon suspension or revocation of motor carrier certificate; judicial review.

1. Upon issuance by the commissioner of an order suspending or revoking a motor carrier certificate, such motor carrier shall be afforded a hearing to be held in accordance with the procedures set forth in Code Section 40-1-56.
2. Any person whose motor carrier certificate has been suspended or revoked and who has exhausted all administrative remedies available within the Department of Public Safety is entitled to judicial review in accordance with Code Section 40-1-56 . (Code 1981, § 40-1-125 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-126. Carriers engaged in interstate and intrastate commerce.

In circumstances where a motor carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this part so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the department shall have the power of regulating the interstate commerce of such motor carrier, except to the extent expressly authorized by this part as to such commerce. The provisions of this part do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this part so far as they separately relate to commerce carried on in this state.

(Code 1981, § 40-1-126 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

Law reviews. - For annual survey on insurance law, see 69 Mercer L. Rev. 117 (2017).

40-1-127. Actions for recovery of overcharges; rates, charges, and claims for loss or damage.

1. All actions at law against motor carriers operating in this state, which actions seek to recover overcharges accruing on intrastate shipments, shall be initiated within a period of three years after the time the cause of action accrues, and not thereafter, provided that, if a claim for the overcharge is presented in writing to the carrier within the three-year period of limitation, the period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim or any part thereof.
2. A motor carrier of property may, upon notice to the commissioner of public safety, elect to be subject to the following requirements regarding rates, charges, and claims for loss or damage:
   1. A motor carrier of property shall provide to the shipper, upon request of the shipper, a written or electronic copy of the rate, classification, rules, and practices upon which any rate agreed to between the shipper and carrier may have been based. When the applicability or reasonableness of the rates and related provisions billed by a carrier is challenged by the person paying the freight charges, the commissioner of public safety shall determine whether such rates and provisions are reasonable or applicable based on the record before it. In cases where a carrier other than a carrier providing transportation of household goods seeks to collect charges in addition to those billed and collected which are contested by the payor, the carrier may request that the commissioner of public safety determine whether any additional charges over those billed and collected must be paid. A carrier must issue any bill for charges in addition to those originally billed within 180 days of the original bill in order to have the right to collect such charges;
   2. If a shipper seeks to contest the charges originally billed by a motor carrier of property, the shipper may request that the commissioner of public safety determine whether the charges originally billed must be paid. A shipper must contest the original bill within 180 days in order to have the right to contest such charges; and
   3. Claims for loss of or damage to property for which any motor carrier of property may be liable must be filed within nine months after the delivery of the property, except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed.
3. The commissioner of public safety shall adopt rules regarding rates, charges, and claims for loss or damage applicable to carriers of household goods. (Code 1981, § 40-1-127 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-128. Accepting or receiving rebates or drawbacks; prima-facie evidence of intentional violation; burden of claiming exception.

1. Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the department for motor carriers of passengers or household goods, or who procures, aids, or abets therein, or who uses or accepts from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the department, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.
2. The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the department under this article, shall be prima-facie evidence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the public highways in this state.
3. Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception. (Code 1981, § 40-1-128 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

Cross references. - Prohibition against rebates, Ga. Const. 1983, Art. III, Sec. VI, Para. V.

40-1-129. Fines for violating certificate requirement; advertising services without certificate prohibited.

1. Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, finds that any person, firm, or corporation is operating as a household goods carrier for hire without a valid certificate issued by the department or is holding itself out as such a carrier without such a certificate in violation of this part, the department may impose a fine of not more than $5,000.00 for each violation. The department may assess the person, firm, or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the department. The department may also assess interest at the rate specified in Code Section 40-1-56 on any fine or assessment imposed, to commence on the day the fine or assessment becomes delinquent. All fines, assessments, and interest collected by the department shall be paid into the general fund of the state treasury. Any party aggrieved by a decision of the department under this subsection may seek judicial review as provided in Code Section 40-1-56.
2. Any person, firm, or corporation who knowingly and willfully issues, publishes, or affixes or causes or permits the issuance, publishing, or affixing of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the person, firm, or corporation is in operation as a household goods carrier for hire without having a valid certificate issued by the department is guilty of a misdemeanor. Any fine or assessment imposed by the department pursuant to the provisions of subsection (a) of this Code section shall not bar criminal prosecution pursuant to the provisions of this subsection. (Code 1981, § 40-1-129 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79.)

40-1-130. Inclusion of motor carrier authorization number in advertising.

In any advertisement for a motor carrier, whether by print, radio, television, other broadcast, or electronic media including but not limited to Internet advertising and any listing or sites on any website, the motor carrier shall include the motor carrier authorization number issued to it by the Department of Public Safety. The requirements of this Code section shall not apply to nonconsensual towing motor carriers providing services pursuant to Code Section 44-1-13. The department shall be required to issue a motor carrier authorization number to each registered motor carrier. Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, finds that any person is advertising in violation of this Code section, the department may impose a fine of not more than $500.00 for an initial violation and not more than $15,000.00 for a second or subsequent violation.

(Code 1981, § 40-1-130 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-150. Short title.

This part shall be known and may be cited as the "Georgia Limousine Carrier Act."

(Code 1981, § 40-1-150 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-151. Definitions.

As used in this part, the term:

1. "Certificate" or "limousine carrier certificate" means a certificate issued by the department for the operation of limousines or limousine services under this part and such certificates issued by the Public Service Commission on or before June 30, 2012.
2. "Chauffeur" means any person with a Georgia state driver's license who meets the qualifications as prescribed in this part and who is authorized by the commissioner of driver services to drive a motor vehicle of a limousine carrier as provided in paragraph (5) of this Code section.
3. "Department" means the Department of Public Safety.
4. "Limousine" means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine.
5. "Limousine carrier" means any person owning or operating a prearranged service regularly rendered to the public by furnishing transportation as a motor carrier for hire, not over fixed routes, by means of one or more unmetered:
   1. Limousines;
   2. Extended limousines;
   3. Sedans;
   4. Extended sedans;
   5. Sport utility vehicles;
   6. Extended sport utility vehicles;
   7. Other vehicles with a capacity for seating and transporting no more than 15 persons for hire including the driver; or
   8. Any combination of subparagraphs (A) through (G) of this paragraph on the basis of telephone contract or written contract. A limousine carrier shall not use per capita rates or charges.
6. "Person" means any individual, firm, partnership, private or public corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.
7. "Public highway" means every public street, road, highway, or thoroughfare of any kind in this state.
8. "Vehicle" or "motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the commissioner. (Code 1981, § 40-1-151 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2013, p. 838, § 14/HB 323.)

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-152. Operation in accordance with provisions; certificate for limousine carrier required.

1. No limousine carrier shall operate any motor vehicle owned or operated by a limousine carrier for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article.
2. No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the department a certificate to do so. (Code 1981, § 40-1-152 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-153. Application form for limousine carriers; issuance to qualified applicants.

1. The department shall prescribe the form of the application for a limousine carrier certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process.
2. A limousine carrier certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this part and the rules and regulations of the department and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle. (Code 1981, § 40-1-153 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-154. Compliance with Code Section 40-1-8.

Limousine carriers shall comply with the applicable provisions of Code Section 40-1-8.

(Code 1981, § 40-1-154 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2016, p. 767, § 1/SB 320.)

The 2016 amendment, effective January 1, 2017, substituted the present provisions of this Code section for the former provisions, which read: "(a) It shall be the duty of the department to regulate limousine carriers with respect to the safety of equipment.

"(b) The department shall require safety and mechanical inspections at least on an annual basis for each vehicle owned or operated by a limousine carrier. The department shall provide, by rule or regulation, for the scope of such inspections, the qualifications of persons who may conduct such inspections, and the manner by which the results of such inspections shall be reported to the department.

"(c) In addition to the requirements of this Code section, limousine carriers shall comply with the applicable provisions of Code Section 40-1-8."

40-1-155. Transferring or encumbering certificates.

No limousine carrier certificate issued under this part may be leased, assigned, or otherwise transferred or encumbered unless authorized by the department.

(Code 1981, § 40-1-155 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-156. Grounds for cancellation, revocation, or suspension of limousine carrier certificate.

1. The department may cancel, revoke, or suspend any limousine carrier certificate issued under this part on any of the following grounds:
   1. The violation of any of the provisions of this part;
   2. The violation of an order, decision, rule, regulation, or requirement established by the department;
   3. Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the department;
   4. Failure of a limousine carrier to maintain required insurance in full force and effect; and
   5. Failure of a limousine carrier to operate and perform reasonable services.
2. After the cancellation or revocation of a certificate or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier. (Code 1981, § 40-1-156 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-157. Validity of certificates.

Limousine certificates shall be valid unless suspended, revoked, or canceled by the commissioner, or surrendered to the commissioner by the holder.

(Code 1981, § 40-1-157 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 141, § 40/HB 79.)

40-1-158. For-hire license endorsement or private background check certification required.

Pursuant to rules and regulations prescribed by the commissioner of driver services, each chauffeur employed by a limousine carrier shall secure from the Department of Driver Services a for-hire license endorsement or private background check certification pursuant to Code Section 40-5-39.

(Code 1981, § 40-1-158 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2015, p. 1262, § 2/HB 225.)

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 213 (2015).

40-1-159. Application fees.

The commissioner shall collect the following one-time fees upon initial application of a limousine carrier pursuant to this part:

1. A fee of $75.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates fewer than six limousines;
2. A fee of $150.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates six to 15 limousines;
3. A fee of $200.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates more than 15 limousines; and
4. A fee of $75.00 to accompany each application for transfer of a certificate. (Code 1981, § 40-1-159 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-160. Transportation of persons under age 21 drinking alcohol.

Any limousine carrier subject to the jurisdiction of the commissioner that transports passengers shall comply with the provisions of paragraph (1) of subsection (a) of Code Section 3-3-23 and Code Section 3-9-6, concerning consumption of alcoholic beverages. The commissioner shall provide to all such limousine carriers, at the time of registration a certificate, an informational packet emphasizing the prohibition on alcohol consumption by persons under the age of 21 while being transported by the limousine carrier.

(Code 1981, § 40-1-160 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

Law reviews. - For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017).

40-1-161. Revocation, alteration, or amendment of limousine certificate.

The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, revoke, alter, or amend any limousine certificate issued under this part, or under prior law, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner or any of the provisions of this part or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commissioner the holder of the certificate is not furnishing adequate service. An administrative hearing shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the provisions of Code Section 40-1-56.

(Code 1981, § 40-1-161 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 15/HB 323; Ga. L. 2014, p. 866, § 40/SB 340.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2012, the subsection (a) designation was deleted as there was no subsection (b).

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-162. State regulates limousine carriers; preemption; limousine carrier doing business at a county or municipal airport.

The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this part; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that such fees shall not exceed the airport's approximate cost of permitting and regulating limousine carriers; and provided, further, that such governing authorities of such airports shall accept a chauffeur's endorsement issued by the Department of Driver Services to the driver and evidence of a certificate issued to the limousine carrier by the Department of Public Safety as adequate evidence of sufficient criminal background investigations and shall not require any fee for any further criminal background investigation. The list of licensed limousine carriers on the website of the Department of Public Safety shall be sufficient evidence that a limousine carrier has a certificate issued by the Department of Public Safety.

(Code 1981, § 40-1-162 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

Law reviews. - For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017).

40-1-163. Rates and charges.

1. Notwithstanding the powers granted to the department regarding tariffs of other motor carriers, the department is not authorized to set, adjust, or change rates or charges for transportation of passengers, property, or passengers and property by a vehicle of a type listed in Code Section 40-1-151 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier.
2. Any tariff issued by the department that exists as of June 30, 2007, that regulates the rates or charges for transportation of passengers, property, or passengers and property by a vehicle of a type listed in Code Section 40-1-151 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier shall be void. (Code 1981, § 40-1-163 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 16/HB 323.)

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-164. Notice and opportunity to be heard by carriers.

Before the department shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter.

(Code 1981, § 40-1-164 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-165. Motor carrier authorization number of limousine carriers included in advertisement.

In any advertisement for a limousine carrier, whether by print, radio, television, other broadcast, or electronic media including but not limited to Internet advertising and any listing or sites on any website, the limousine carrier shall include the motor carrier authorization number issued to it by the Department of Public Safety. The department shall be required to issue a motor carrier authorization number to each registered limousine carrier. Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, finds that any person is advertising in violation of this Code section, the department may impose a fine of not more than $500.00 for an initial violation and not more than $15,000.00 for a second or subsequent violation.

(Code 1981, § 40-1-165 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-166. Commercial indemnity and liability insurance.

Each limousine carrier shall obtain and maintain commercial indemnity and liability insurance with an insurance company licensed under Title 33 or through a surplus line broker licensed under Title 33, which policy shall provide for the protection of passengers and property carried and of the public against injury proximately caused by the negligence of the limousine carrier, its servants, and its agents. The minimum amount of such insurance shall be:

1. For capacity of 12 passengers or less, $300,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person, and $50,000.00 for loss of damage in any one accident to property of others, excluding cargo; or
2. For capacity of more than 12 passengers, $500,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person, and $50,000.00 for loss of damage in any one accident to property of others, excluding cargo. (Code 1981, § 40-1-166 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2015, p. 1262, § 2.1/HB 225.)

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 213 (2015).

40-1-167. Required information on license plates of limousines.

Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information:

1. Limousine carrier name;
2. City and state of principal domicile;
3. Company telephone number; and
4. Motor carrier identification number if the limousine carrier is a commercial motor carrier or motor carrier authorization number issued by the department if the limousine carrier is a lightweight commercial vehicle. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to such vehicle being placed in service. (Code 1981, § 40-1-167 , enacted by Ga. L. 2012, p. 580, § 1/HB 865; Ga. L. 2013, p. 838, § 17/HB 323.)

Editor's notes. - Ga. L. 2013, p. 838, § 20/HB 323, not codified by the General Assembly, provides, in part: "This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date".

40-1-168. Local taxation of limousine carriers prohibited.

No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature, on the right of a limousine carrier to operate equipment, or on the equipment, or on any incidents of the business of a limousine carrier.

(Code 1981, § 40-1-168 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

40-1-169. Enforcement.

The department is authorized to enforce the provisions of this part. Additionally, the department may hear a petition by a third party asserting that a limousine carrier has violated Code Section 40-1-152 and may impose the penalties and seek the remedies set out in Code Section 40-1-56 if the department finds such a violation.

(Code 1981, § 40-1-169 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2012, in the second sentence, "Code Section" was inserted twice and "of this title" was deleted following "40-1-56".

40-1-170. Application to every vehicle controlled by limousine carrier.

The provisions of this part and the powers granted to the department by this part to regulate limousine carriers shall apply to every vehicle of a type listed in Code Section 40-1-151 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier.

(Code 1981, § 40-1-170 , enacted by Ga. L. 2012, p. 580, § 1/HB 865.)

Administrative Rules and Regulations. - Transportation and Network Companies and Taxi Services, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Chapter 570-35.

40-1-190. Definitions.

As used in this part, the term:

1. "Limousine carrier" means any limousine company or provider which is licensed with the state pursuant to paragraph (5) of Code Section 40-1-151.
2. "Metering device" means an instrument or device which is utilized for the purpose of calculating for-hire fares based upon distance, time, mileage, and administrative fees and which is not a taximeter.
3. "Ride share driver" means an individual who uses his or her personal passenger car, as defined in paragraph (41) of Code Section 40-1-1, to provide transportation for passengers arranged through a ride share network service.
4. "Ride share network service" means any person or entity that uses a digital network or Internet network to connect passengers to ride share drivers for the purpose of prearranged transportation for hire or for donation. The term "ride share network service" shall not include any corporate sponsored vanpool or exempt rideshare as such terms are defined in Code Section 40-1-100, provided that such corporate sponsored vanpool or exempt rideshare is not operated for the purpose of generating a profit.
5. "Taxi service" means any taxicab company or provider which utilizes a motor vehicle or similar vehicle, device, machine, or conveyance to transport passengers; uses a taximeter; and is authorized to provide taxicab services pursuant to an ordinance of a local government in this state.
6. "Taximeter" means an instrument or device approved by the applicable local government which is utilized by a taxi service for the purpose of calculating fares based upon distance, time, and mileage.
7. "Transportation referral service" means any person or entity that books, refers clients to, collects money for, or advertises transportation services provided by a limousine carrier or taxi service by means of a telephone, through cellular telephone software, through the Internet, in person, by written instrument, by any person, or by any other means, and does not own or lease any motor vehicle required to be registered with the Department of Public Safety as a limousine carrier or a taxi service. A transportation referral service shall not include emergency or nonemergency medical transports.
8. "Transportation referral service provider" means any person or entity that books, refers clients to, collects money for, or advertises transportation services provided by a limousine carrier or taxi service by means of a telephone, through cellular telephone software, through the Internet, in person, by written instrument, by any person, or by any other means and owns or leases one or more motor vehicles required to be registered with the Department of Public Safety as a limousine carrier or a local government in this state as a taxi service. A transportation referral service provider shall not include emergency or nonemergency medical transports. (Code 1981, § 40-1-190 , enacted by Ga. L. 2015, p. 1262, § 3/HB 225.)

40-1-191. Legislative findings; preemption; ride share network service, transportation referral service, transportation referral service provider, and taxi service doing business at a county or municipal airport.

The General Assembly finds that it is in the public interest to provide uniform administration and parity among ride share network services, transportation referral services, and transportation referral service providers, including taxi services, that operate in this state for the safety and protection of the public. The General Assembly fully occupies and preempts the entire field of administration and regulation over ride share network services, transportation referral services, transportation referral service providers, and taxi services as governed by this part; provided, however, that the governing authority of any county or municipal airport shall be authorized to regulate any ride share network service, transportation referral service, transportation referral service provider, and taxi service consistent with the process used for limousine carriers, as set forth in Code Section 40-1-162, who are doing business at any such airport and may establish fees as part of such regulation process; provided, further, that such fees shall not exceed the airport's approximate cost of permitting and regulating ride share network services, transportation referral services, transportation referral service providers, and taxi services; and provided, further, that such governing authorities of such airports shall accept a for-hire license endorsement or private background check certification pursuant to Code Section 40-5-39 as adequate evidence of sufficient criminal background investigations and shall not require any fee for any further criminal background investigation; and provided, further, that local governments may maintain certificates of public necessity and convenience and medallion requirements and company requirements for taxi services as provided in this part and may establish maximum fares for taxi services. The list of ride share network services, transportation referral services, transportation referral service providers, and taxi services on the website of the department shall be sufficient evidence that such services have licenses issued by the department.

(Code 1981, § 40-1-191 , enacted by Ga. L. 2015, p. 1262, § 3/HB 225.)

40-1-192. Transportation referral service provider registration requirement; licensure; exemptions; additional requirements.

1. A transportation referral service or transportation referral service provider that only refers business to limousine carriers and taxi services that are licensed or registered as transportation referral service providers shall be exempt from registration under this Code section.
2. Each transportation referral service provider doing business, operating, or providing transportation services in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such transportation referral service provider which shall be renewed on an annual basis. The department may charge a fee for such license and registration not to exceed $100.00. Limousine carriers, as a part of the licensure and permitting process for limousine carriers, shall be registered and licensed as a transportation referral service provider under this part. A transportation referral service provider that receives referrals from a transportation referral service or a transportation referral service provider shall be required to disclose to the department that it is receiving referrals from such transportation referral service or transportation referral service provider; provided, however, that the limousine carrier or taxi service shall be required to comply with the requirements of this part.
3. Each transportation referral service provider doing business, operating, or providing transportation services in this state shall file and keep current monthly with the department a list of all limousine carriers and taxi services which it utilizes to provide transportation services in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50.
4. Each transportation referral service provider doing business, operating, or providing transportation services in this state shall:
   1. Either obtain directly or determine that each taxi service to which it refers business possesses either a certificate of public necessity and convenience or medallion authorizing the provision of taxicab services in such local government if the certificate of public necessity and convenience or medallion is required by an ordinance of the local government where such taxi service is to be provided;
   2. Either obtain directly or determine that each taxi service to which it refers business is registered with the department and possesses and maintains a permit authorizing the provision of taxicab services in such local government if a company permit is required by an ordinance of the local government where such taxi service is to be provided;
   3. Either obtain directly or determine that each limousine carrier to which it refers business is properly and currently registered and licensed pursuant to Part 3 of this article;
   4. Take all necessary steps to determine that:
      1. Any driver either directly employed by or contracted with a limousine carrier which the limousine carrier contracts with or utilizes for the provision of transportation services in this state possesses and maintains any required permits or licenses required by the federal government or this state; and
      2. Any driver either directly employed by or contracted with a taxi service which the taxi service contracts with or utilizes for the provision of transportation services in this state possesses and maintains any required permits or licenses required by the federal government or the local government where the transportation services are to be provided;
   5. Ensure that each driver utilized by such transportation referral service provider, whether such driver is employed directly by the transportation referral service provider or by a limousine carrier or taxi service which the transportation referral service provider contracts with or utilizes for the provision of transportation services in this state, has a current for-hire license endorsement or current private background check certification pursuant to Code Section 40-5-39;
   6. Have a zero tolerance policy with regard to the use of drugs or alcohol while on duty in place for drivers utilized by such limousine carrier or taxi service in the provision of transportation services, whether such driver is employed directly by the transportation referral service provider or by a limousine carrier or taxi service which the transportation referral service provider contracts with or utilizes for the provision of transportation services in this state;
   7. Shall ensure that each limousine carrier with which such transportation referral service provider contracts or utilizes for the provision of transportation services in this state has the commercial indemnity and liability insurance required by Code Section 40-1-166 or each taxi service with which such transportation referral service provider contracts or utilizes for the provision of transportation services in this state has the minimum amount of commercial liability insurance prescribed by state law;
   8. Have, as to taxi services, complied with or ensured that any taxi service which it contracts with or utilizes for the provision of transportation services complies with any fare structure or regulation prescribed by ordinance of the local government where such taxi service is to be provided; provided, however, that any fares specified in local ordinances shall be the maximum fare which may be charged but shall not prohibit a taxi service from charging lower fares;
   9. Have complied with or determined that the limousine carrier or taxi service with which the provider contracts with or utilizes for the provision of transportation services in this state is in compliance with any and all other applicable requirements prescribed by the laws of the state, the rules and regulations of the department, and the ordinances of local governments where such transportation services are provided; and
   10. Comply with the provisions of Code Section 40-8-7. No additional vehicle inspections shall be required for taxi services or limousine carriers.
5. Failure to register according to the provisions of this Code section shall be a misdemeanor. (Code 1981, § 40-1-192 , enacted by Ga. L. 2015, p. 1262, § 3/HB 225.)

40-1-193. Ride share network service registration requirement; licensure; required list of all ride share drivers; additional requirements for ride share network service businesses and drivers; law enforcement access to digital information in smart phone of driver.

1. Each ride share network service doing business or operating in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such ride share network service which shall be renewed on an annual basis. The department may charge a fee for such license and registration not to exceed $100.00.
2. Each ride share network service doing business or operating in this state shall maintain a current list of all ride share drivers who are enrolled in its network in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 but shall be made available for inspection by law enforcement officers and representatives of other government agencies upon request to ascertain compliance with this title.
3. Each ride share network service doing business or operating in this state shall:
   1. Take all necessary steps to determine that each driver contracted with such ride share network service possesses and maintains any required permits or licenses required by the federal government or this state;
   2. Ensure that each driver utilized by such ride share network service, whether such driver is employed directly by the ride share network service or operates as an independent contractor, has a current for-hire license endorsement or current private background check certification pursuant to Code Section 40-5-39;
   3. Have a zero tolerance policy with regard to the use of drugs or alcohol while on duty in place for drivers contracted with such ride share network service;
   4. Have for each ride share driver contracted with such ride share network service in this state insurance coverage in effect with respect to personal injury liability, property damage liability, and personal injury protection liability benefits available to drivers, passengers, pedestrians, and others in the same coverage amounts as required by law; and
   5. Comply with the provisions of Code Section 40-8-7. No vehicle inspections shall be required for vehicles used by ride share drivers.
4. Each ride share driver utilized by such ride share network service, whether such driver is employed directly by the ride share network service or operates as an independent contractor, shall maintain on his or her smartphone digital identification containing the following information while active on the ride share network service's digital network:
   1. The name and photograph of the driver;
   2. The make and model of the motor vehicle being driven;
   3. The license plate number of the motor vehicle being driven;
   4. Certificates of insurance for the motor vehicle being driven; and
   5. Such other information as may be required by the Department of Public Safety.

      Upon reasonable suspicion of a law enforcement officer of improper operation by a ride share driver, the ride share driver, upon request, shall provide the law enforcement officer with access to the smartphone containing the digital information required by this subsection and the electronic record of the trips sufficient to establish that the trip in question was prearranged through digital dispatch of the ride share network service. The ride share driver shall not be required to relinquish custody of the smartphone containing the digital information required by this subsection and the electronic record of the trips arranged through digital dispatch of the ride share network service.

5. A violation of this Code section shall be a misdemeanor. (Code 1981, § 40-1-193 , enacted by Ga. L. 2015, p. 1262, § 3/HB 225.)

40-1-193.1. Registration of taxi services; requirements to operate taxi service.

1. Each taxi service doing business or operating in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such taxi service which shall be renewed on an annual basis. The department may charge a fee for such license and registration not to exceed $100.00.
2. Each taxi service doing business or operating in this state shall maintain a current list of all drivers utilized by such taxi service in this state, whether as employees or independent contractors. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 but shall be made available for inspection by law enforcement officers and representatives of other government agencies upon request to ascertain compliance with this title.
3. Each taxi service doing business or operating in this state shall:
   1. Take all necessary steps to determine that each driver utilized by such taxi service, whether as an employee or independent contractor, possesses and maintains any required permits or licenses required by the federal government or this state;
   2. Ensure that each driver utilized by such taxi service, whether as an employee or independent contractor, has a current for-hire license endorsement or current private background check certification pursuant to Code Section 40-5-39;
   3. Have a zero tolerance policy with regard to the use of drugs or alcohol while on duty in place for drivers utilized by such taxi service, whether as an employee or independent contractor;
   4. Obtain and maintain personal injury and property damage liability insurance, which shall provide for the protection of passengers and property carried and of the public against injury in the coverage amounts as required by law; and
   5. Comply with the provisions of Code Section 40-8-7. No vehicle inspections shall be required for vehicles used by taxi services.
4. The department or any county, municipality, or consolidated government may require proof of insurance or proof of payment of such insurance in the coverage amounts as required by law and may verify such insurance when issuing or renewing a certificate of public necessity and convenience or medallion. (Code 1981, § 40-1-193.1 , enacted by Ga. L. 2016, p. 767, § 2/SB 320.)

Effective date. - This Code section became effective January 1, 2017.

Administrative Rules and Regulations. - Transferability of license, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Transportation Network Companies and Taxi Services, § 570-35-.06.

40-1-194. Prohibition on contracting with carriers, drivers, or taxi services not properly licensed or insured; penalties for violations.

1. 1. 1. No transportation referral service or transportation referral service provider subject to this part shall contract with, utilize, or refer individuals or entities to limousine carriers that are not properly licensed by this state or are not properly insured under state law.
      2. No ride share network service subject to this part shall contract with, utilize, or refer individuals or entities to ride share drivers who are not properly licensed by this state or are not properly insured under state law.
   2. No transportation referral service or transportation referral service provider subject to this part shall contract with, utilize, or refer individuals or entities to taxi services that are not registered with the department and properly licensed by the applicable political subdivision of this state, are not properly insured under local law, or use drivers that are not properly licensed under state and local law to carry passengers for hire.
2. 1. 1. No person who is not licensed under the laws of this state to provide limousine services shall contract with or accept referrals from a transportation referral service, transportation referral service provider, or ride share network service for transportation services. This paragraph shall not apply to passengers.
      2. No ride share driver who does not have an appropriate driver's license and either a for-hire endorsement or current private background check certification pursuant to Code Section 40-5-39 shall contract with or accept referrals from a transportation referral service, transportation referral service provider, or ride share network service for transportation services.
   2. No person who does not have the licensing required by the appropriate local government of this state to provide taxi services shall contract with or accept referrals from a transportation referral service or transportation referral service provider for transportation services. This paragraph shall not apply to passengers.
3. 1. A transportation referral service that violates subsection (a) of this Code section shall be guilty of a misdemeanor.
   2. A transportation referral service provider or ride share network service that violates subsection (a) of this Code section shall be guilty of a misdemeanor and additionally shall be subject to having such provider's or service's registration suspended or revoked by the department.
4. A person who violates subsection (b) of this Code section shall be guilty of a misdemeanor and additionally may be subject to a suspension for one year or revocation of such person's driver's license. (Code 1981, § 40-1-194 , enacted by Ga. L. 2015, p. 1262, § 3/HB 225.)

40-1-195. Inclusion of license number issued by department in advertising; requirements for signage or emblem approved by Department of Public Safety.

1. Each taxi service, transportation referral service, transportation referral service provider, and ride share network service doing business, operating, or providing transportation services in this state shall include its license number issued by the department in any advertising in this state; provided, however, that this Code section shall not apply to Internet advertisements. Limousine carriers which register as transportation referral service providers under this part shall be subject to the advertising requirements of this Code section and not the provisions of Code Section 40-1-165. Failure to provide such license number shall result in the imposition of a civil penalty not to exceed $5,000.00 for each violation.
2. Each ride share driver shall display a consistent and distinctive signage or emblem that is approved by the Department of Public Safety on such ride share driver's vehicle at all times while the ride share driver is active on the ride share network service's digital network. The signage or emblem shall be:
   1. Sufficiently large and color contrasted to be readable during daylight hours from a distance of at least 50 feet;
   2. Reflective, illuminated, or otherwise visible in darkness; and
   3. Sufficient to identify a vehicle as being associated with the ride share network service with which the ride share driver is affiliated. Any person who violates this subsection shall be guilty of a misdemeanor. (Code 1981, § 40-1-195 , enacted by Ga. L. 2015, p. 1262, § 3/HB 225; Ga. L. 2016, p. 864, § 40/HB 737.)

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised capitalization in subsection (a).

40-1-196. Rates charged.

1. Rates for taxi services set by a local government shall constitute the maximum fare which may be charged but shall not prohibit a taxi service from charging lower fares. Transportation services provided by taxi services and arranged by a transportation referral service or transportation referral service provider doing business in this state shall be billed in accordance with the fare rates prescribed by the local government where such taxi services are to be provided. The use of Internet or cellular telephone software to calculate rates shall not be permitted unless such software complies with and conforms to the weights and measures standards of the local government that licenses such taxi service.
2. Transportation services provided by limousine carriers and arranged by a transportation referral service or transportation referral service provider shall only be billed in accordance with the rates of such limousine carriers on an hourly basis or upon one or more of the following factors: distance, flat fee, base fee, waiting time, cancellation fee, stop fee, event pricing, demand pricing, or time. The charge for such transportation services may be calculated by the use of a metering device in or affixed to the motor vehicle.
3. A ride share driver contracted with a ride share network service may offer transportation services at no charge, suggest a donation, or charge a fare. If a ride share driver contracted with a ride share network service charges a fare, such fare shall be calculated based upon one or more of the following factors: distance, flat fee, base fee, waiting time, cancellation fee, stop fee, event pricing, demand pricing, or time. The fare may be calculated by the use of a metering device in or affixed to the motor vehicle.
4. Each transportation referral service, transportation referral service provider, and ride share network service shall make available to the person being transported prior to receiving transportation services either the amount of the charge for such services or the rates under which the charge will be determined.
5. A violation of this Code section shall be a misdemeanor. (Code 1981, § 40-1-196 , enacted by Ga. L. 2015, p. 1262, § 3/HB 225.)

40-1-197. Promulgation of rules and regulations.

The department is authorized to promulgate such rules and regulations as the department shall find necessary to implement the provisions of this part.

(Code 1981, § 40-1-197 , enacted by Ga. L. 2015, p. 1262, § 3/HB 225.)

40-1-198. Requirement to maintain current list of drivers.

1. Each transportation referral service provider shall maintain a current list of all drivers that such provider employs directly or as independent contractors in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 but shall be made available for inspection by law enforcement officers and representatives of other government agencies upon request to ascertain compliance with this title.
2. A violation of this Code section shall be punished by the imposition of a civil penalty not to exceed $5,000.00 for each violation. (Code 1981, § 40-1-198 , enacted by Ga. L. 2015, p. 1262, § 3/HB 225.)

40-1-199. Waivers.

A waiver of any rights with regard to personal injuries as the result of any transportation services provided by such ride share network service, transportation referral service, transportation referral service provider, limousine carrier, or taxi service by any person utilizing the services of a ride share network service, transportation referral service, transportation referral service provider, limousine carrier, or taxi service in this state shall not be valid unless such person is given written or electronic notice of such waiver prior to receiving such services and knowingly and willfully agrees to such waiver.

(Code 1981, § 40-1-199 , enacted by Ga. L. 2015, p. 1262, § 3/HB 225.)

Law reviews. - For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017).

40-1-200. Inapplicability to equine drawn or other nonmotorized vehicles.

This part shall not be applicable to equine drawn vehicles or nonmotorized vehicles.

(Code 1981, § 40-1-200 , enacted by Ga. L. 2015, p. 1262, § 3/HB 225.)

40-1-220. Definitions.

As used in this part, the term:

1. "Car-sharing delivery period" means the period of time during which a shared vehicle is being delivered to the location of the car-sharing start time, if applicable, as documented in the records of a peer-to-peer car-sharing program.
2. "Car-sharing period" means the period of time that commences with the car-sharing delivery period or, if there is no car-sharing delivery period, the period of time that commences with the car-sharing start time and in either case ends at the car-sharing termination time.
3. "Car-sharing program agreement" means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car-sharing program. Such term shall not include a rental agreement as defined in Code Section 40-2-167 or a lease or rental as defined in paragraph (17) of Code Section 48-8-2.
4. "Car-sharing start time" means the time when a shared vehicle becomes subject to the control of a shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin, as documented in the records of a peer-to-peer car-sharing program.
5. "Car-sharing termination time" means the earliest of the following events:
   1. The expiration of the agreed period of time established for the use of a shared vehicle according to the car-sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car-sharing program agreement;
   2. When a shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car-sharing program; or
   3. When the shared vehicle owner takes possession and control of the shared vehicle.
6. "Department" means the Department of Insurance of the State of Georgia established by Code Section 33-2-1.
7. "Peer-to-peer car-sharing" means the authorized use of a vehicle by an individual other than the vehicle's owner through a peer-to-peer car-sharing program. Such term shall not include a rental motor vehicle or rental agreement as defined in Code Section 40-2-167.
8. "Peer-to-peer car-sharing program" means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. Such term shall not mean a service provider who is solely providing hardware or software as a service to an individual or entity that is not effectuating payment of financial consideration for use of a shared vehicle. Such term shall not include a motor vehicle rental company as defined in Code Section 40-2-167.
9. "Shared vehicle" means a used vehicle that is available for sharing through a peer-to-peer car-sharing program. Such term shall not include a rental motor vehicle as defined in Code Section 40-2-167.
10. "Shared vehicle driver" means an individual who has been authorized by a shared vehicle owner to drive a shared vehicle under a car-sharing program agreement.
11. "Shared vehicle owner" means the registered owner of a vehicle made available for sharing through a peer-to-peer car-sharing program or a person or entity designated by the registered owner of such a vehicle.
12. "Used vehicle" means any vehicle which has been the subject of a sale at retail to the general public. (Code 1981, § 40-1-220 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

40-1-221. Assumption of liability; insurance.

1. 1. A peer-to-peer car-sharing program shall assume liability, except as provided in paragraph (2) of this subsection, of a shared vehicle owner for any bodily injury or property damage to third parties or an uninsured and underinsured motorist or personal injury protection losses during the car-sharing period in an amount stated in the car-sharing program agreement, which amount may not be less than those set forth in paragraph (1) of subsection (a) of Code Section 33-7-11.
   2. The assumption of liability under paragraph (1) of this subsection shall not apply if a shared vehicle owner:
      1. Made an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car-sharing program before the car-sharing period in which the loss occurred; or
      2. Acted or acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car-sharing program agreement.
   3. The assumption of liability under paragraph (1) of this subsection applies to bodily injury, property damage, and uninsured and underinsured motorist or personal injury protection losses by damaged third parties as required under subsection (a) of Code Section 33-7-11.
2. A peer-to-peer car-sharing program shall ensure that, during each car-sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that:
   1. Either:
      1. Recognizes that the vehicle insured under the policy is made available and used through a peer-to-peer car-sharing program; or
      2. Does not exclude the use of a shared vehicle by a shared vehicle driver;
   2. Provides insurance coverage in amounts no less than the minimum amounts set forth in subparagraph (a)(1)(A) of Code Section 33-7-11; and
   3. Provides that in the event an accident occurs outside of this state in a jurisdiction that has a financial responsibility law or similar law specifying limits of liability higher than those required in this state, such motor vehicle liability insurance policy will provide the higher specified limits.
3. The insurance requirement described under subsection (b) of this Code section may be satisfied by motor vehicle liability insurance maintained by:
   1. A shared vehicle owner;
   2. A shared vehicle driver;
   3. A peer-to-peer car-sharing program; or
   4. Both a shared vehicle owner, a shared vehicle driver, and a peer-to-peer car-sharing program.
4. The insurance described in subsection (c) of this Code section that is satisfying the insurance requirement of subsection (b) of this Code section shall be primary during each car-sharing period.
5. The peer-to-peer car-sharing program shall assume primary liability for a claim when:
   1. Such program is in whole or in part providing the insurance required under subsections (b) and (c) of this Code section;
   2. A dispute exists as to who was in control of the shared vehicle at the time of the loss; and
   3. Such program does not have available, did not retain, or fails to provide the information required by Code Section 40-1-224.
6. The shared vehicle's insurer shall indemnify the car-sharing program to the extent of its obligation under, if any, the applicable insurance policy, if it is determined that the shared vehicle's owner was in control of the shared vehicle at the time of the loss.
7. If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with subsection (c) of this Code section has lapsed or does not provide the required coverage, insurance maintained by a peer-to-peer car-sharing program shall provide the coverage required by subsection (b) of this Code section beginning with the first dollar of a claim and shall have the duty to defend such claim except under the circumstances set forth in paragraph (2) of subsection (a) of this Code section.
8. Coverage under an automobile insurance policy maintained by the peer-to-peer car-sharing program shall not be dependent on another automobile insurer first denying a claim nor shall another automobile insurance policy be required to first deny a claim.
9. If the insurance described in subsection (b) of this Code section is maintained by a peer-to-peer car-sharing program, it must be placed with an insurer admitted to do business in this state for the purpose of writing insurance and licensed under Title 33, or with a surplus lines insurer who is a nonadmitted insurer and eligible under Chapter 5 of Title 33, that has a credit rating from a rating agency in the highest rating category as approved by the department.
10. A shared vehicle driver must at all times during the car-sharing period carry proof of coverage satisfying subsection (b) of this Code section. In the event of an accident, a shared vehicle driver shall disclose that he or she was driving a shared vehicle at the time of such accident and shall, pursuant to Code Section 40-6-10, provide the insurance coverage information satisfying subsection (b) of this Code section to the directly interested parties, automobile insurers, and law enforcement officers.
11. Nothing in this chapter:
    1. Limits the liability of the peer-to-peer car-sharing program for any act or omission of the peer-to-peer car-sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car-sharing program; or
    2. Limits the ability of the peer-to-peer car-sharing program to, by contract, seek indemnification from a shared vehicle owner or shared vehicle driver for economic loss sustained by the peer-to-peer car-sharing program resulting from a breach of the terms and conditions of the car-sharing program agreement. (Code 1981, § 40-1-221 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

40-1-222. Notification of lien on vehicle.

At the time a vehicle owner registers as a shared vehicle owner on a peer-to-peer car-sharing program and before the shared vehicle owner makes the vehicle available for sharing on such program, the peer-to-peer car-sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of such shared vehicle through a peer-to-peer car-sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.

(Code 1981, § 40-1-222 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

40-1-223. Exclusion of insurance coverage for shared vehicle.

1. An authorized insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner's motor vehicle liability insurance policy, including but not limited to:
   1. Liability coverage for bodily injury and property damage;
   2. Personal injury protection coverage;
   3. Uninsured and underinsured motorist coverage;
   4. Medical payments coverage;
   5. Comprehensive coverage; and
   6. Collision coverage.
2. Nothing in this part shall be construed to invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use. (Code 1981, § 40-1-223 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

40-1-224. Collection, verification, and retention of records.

A peer-to-peer car-sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner, and shall provide that information upon request to the shared vehicle owner, the shared vehicle owner's insurer, or the shared vehicle driver's insurer to facilitate a claim coverage investigation. The peer-to-peer car-sharing program shall retain the records for a time period not less than the applicable personal injury statute of limitations.

(Code 1981, § 40-1-224 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

40-1-225. Exemption from vicarious liability.

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

(Code 1981, § 40-1-225 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

U.S. Code. - Section 30106 of 49 U.S.C., referred to in this Code section, concerns rented or leased motor vehicle safety and responsibility.

40-1-226. Right to seek contribution.

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

1. Made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car-sharing period; and
2. Excluded under the terms of its policy. (Code 1981, § 40-1-226 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

40-1-227. Insurable interests.

1. Notwithstanding any other provision of law, a peer-to-peer car-sharing program shall have an insurable interest in a shared vehicle during the car-sharing period.
2. Except as provided in Code Section 40-1-226, nothing in this part creates a liability on a peer-to-peer car-sharing program to maintain the coverage mandated by this part.
3. A peer-to-peer car-sharing program may own and maintain as the named insured one or more policies of motor vehicle liability insurance that provides coverage for:
   1. Liabilities assumed by the peer-to-peer car-sharing program under a car-sharing program agreement;
   2. Any liability of the shared vehicle owner;
   3. Damage or loss to the shared motor vehicle; or
   4. Any liability of the shared vehicle driver. (Code 1981, § 40-1-227 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

40-1-228. Required disclosures in car-sharing program agreements.

Each car-sharing program agreement made in this state shall disclose to the shared vehicle owner and the shared vehicle driver:

1. Any right of the peer-to-peer car-sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car-sharing program resulting from a breach of the terms and conditions of the car-sharing program agreement;
2. That a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car-sharing program;
3. That the peer-to-peer car-sharing program's insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car-sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car-sharing termination time or use by a driver not disclosed in the car-sharing program agreement, the shared vehicle driver and the shared vehicle owner may not have insurance coverage;
4. The daily rate, fees, and, if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver;
5. That the shared vehicle owner's motor vehicle liability insurance may specifically exclude or otherwise may not provide coverage for a shared vehicle;
6. An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries; and
7. If there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to reserve or use a shared motor vehicle. (Code 1981, § 40-1-228 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

40-1-229. Requirements for drivers in peer-to-peer car-sharing program; record keeping.

1. A peer-to-peer car-sharing program may not enter into a car-sharing program agreement with a driver unless the driver who will operate the shared vehicle:
   1. Holds a driver's license issued under Code Section 40-5-28 that authorizes the driver to operate vehicles of the class of the shared vehicle;
   2. Is a nonresident who:
      1. Has a driver's license issued by the state or country of such driver's residence that authorizes such driver in that state or country to drive vehicles of the class of the shared vehicle; and
      2. Is at least the same age as that required of a Georgia resident to drive; or
   3. Otherwise is specifically authorized by the Department of Driver Services to drive vehicles of the class of the shared vehicle.
2. A peer-to-peer car-sharing program shall keep a record of the:
   1. Name and address of the shared vehicle driver;
   2. Driver's license number of the shared vehicle driver and each other person, if any, who will operate the shared vehicle; and
   3. Date and place of issuance of the driver's license. (Code 1981, § 40-1-229 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

40-1-230. (Effective January 1, 2021) Vehicle equipment.

A peer-to-peer car-sharing program shall have sole responsibility for any equipment, such as a GPS system or other special equipment, that is put in or on the vehicle to monitor or facilitate the car-sharing transaction and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of such equipment during the car-sharing period not caused by such owner. The peer-to-peer car-sharing program shall have the right to seek indemnity from the shared vehicle driver for any loss or damage to such equipment that occurs during the car-sharing period.

(Code 1981, § 40-1-230 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

40-1-231. (Effective January 1, 2021) Prerequisites for sharing vehicles; impact of safety recalls.

1. At the time a vehicle owner registers as a shared vehicle owner on a peer-to-peer car-sharing program and before the shared vehicle owner makes the vehicle available for sharing on such program, the peer-to-peer car-sharing program shall:
   1. Verify that the shared vehicle does not have any safety recalls on the vehicle for which the repairs have not been made; and
   2. Notify the shared vehicle owner of the requirements under subsection (b) of this Code section.
2. 1. If the shared vehicle owner has received an actual notice of a safety recall on the vehicle, a shared vehicle owner may not make a vehicle available as a shared vehicle on a peer-to-peer car-sharing program unless and until such safety recall repair has been made.
   2. If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is made available on the peer-to-peer car-sharing program, the shared vehicle owner shall remove such shared vehicle as available on the peer-to-peer car-sharing program, as soon as practicably possible after receiving the notice of the safety recall and until the safety recall repair has been made.
   3. If a shared vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used in the possession of a shared vehicle driver, as soon as practicably possible after receiving such notice of the safety recall, the shared vehicle owner shall notify the peer-to-peer car-sharing program regarding such safety recall so that the shared vehicle owner may address the safety recall repair. (Code 1981, § 40-1-231 , enacted by Ga. L. 2020, p. 310, § 2/HB 337.)

40-2-1. Definitions.

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 state revenue commissioner.
3. "Department" means the Department of Revenue.
4. "For-hire intrastate motor carrier" means an entity engaged in the transportation of goods or ten or more passengers for compensation wholly within the boundaries of this state.
5. "Intrastate motor carrier" means any self-propelled or towed motor vehicle operated by an entity that is used on a highway in intrastate commerce to transport passengers or property and:
   1. Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more, whichever is greater;
   2. Is designed or used to transport more than ten passengers, including the driver, and is not used to transport passengers for compensation; or
   3. Is used to transport material found by the United States Secretary of Transportation to be hazardous pursuant to 49 U.S.C. Section 5103 and is transported in any quantity.
6. "Motor carrier" means:
   1. Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or
   2. Any entity defined by the commissioner or commissioner of public safety who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5 or this chapter whether operated in interstate or intrastate commerce, or both.
7. "Operating authority" means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a.
8. "Regulatory compliance inspection" means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor carrier business or enterprise operations.
9. "Resident" means a person who has a permanent home or domicile in Georgia and to which, having been 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.
10. "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 reinstatement, 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.
11. "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. (Code 1981, § 40-2-1 ; Ga. L. 1990, p. 2048, § 2; Ga. L. 1991, p. 327, § 1; Ga. L. 2000, p. 951, § 3-1; Ga. L. 2002, p. 1024, § 1; Ga. L. 2005, p. 334, § 14-1/HB 501; Ga. L. 2009, p. 629, § 1/HB 57; Ga. L. 2012, p. 580, § 8/HB 865; Ga. L. 2015, p. 60, § 4-3/SB 100; Ga. L. 2016, p. 864, § 40/HB 737.)

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (1).

Editor's notes. - This Code section was created as part of the Code revision and was thus enacted by Ga. L. 1981, Ex. Sess., p. 8 (Code Enactment Act).

Ga. L. 2002, p. 1024, § 7, not codified by the General Assembly, provides: "This Act shall become effective November 1, 2002; provided, however, that the Act shall be effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the authority of the commissioner to adopt rules and regulations and to employ staff and expend moneys within the limits of funds appropriated or otherwise made available for such purpose."

Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."

40-2-2. Violations of chapter generally; penalties.

Except as otherwise provided in this chapter, any person who violates any provision of this chapter shall be guilty of a misdemeanor.

(Ga. L. 1925, p. 315, § 2; Ga. L. 1927, p. 226, § 26; Ga. L. 1931, p. 7, § 84; Code 1933, §§ 68-9902, 68-9908; Ga. L. 1953, Jan.-Feb. Sess., p. 366, § 5; Ga. L. 1990, p. 2048, § 2.)

40-2-3. False statement in application as constituting false swearing.

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 16-10-71.

(Ga. L. 1925, p. 315, § 2; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-9902; Ga. L. 1953, Jan.-Feb. Sess., p. 366, § 5; Ga. L. 1990, p. 2048, § 2.)

40-2-4. Manufacture of plates and decals prohibited.

1. It shall be unlawful for any person, firm, or corporation to make, sell, or issue any license plate or revalidation decal.
2. Any person, firm, or corporation violating subsection (a) of this Code section shall be guilty of a misdemeanor.

   (Ga. L. 1921, p. 255, § 11; Code 1933, §§ 68-216, 68-9905; Ga. L. 1990, p. 2048, § 2.)

40-2-5. Unlawful actions relating to license plate; use of expired prestige license plate.

1. 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.
2. 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.
3. 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.

   (Ga. L. 1918, p. 264, §§ 1, 2; Code 1933, § 68-9916; Ga. L. 1966, p. 10, § 1; Ga. L. 1990, p. 1657, § 2; Ga. L. 1990, p. 2048, § 2.)

Law reviews. - For note on 1990 amendment of this Code section, see 7 Ga. St. U.L. Rev. 329 (1990).

40-2-6. Alteration of license plates; operation of vehicle with altered or improperly transferred plate.

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.

(Code 1933, § 68-9929, enacted by Ga. L. 1957, p. 626, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1990, p. 2048, § 2; Ga. L. 1991, p. 1145, § 1; Ga. L. 1997, p. 419, § 2.)

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-6.1. Obscuring license plate in order to impede surveillance equipment.

Any person who willfully covers any license plate with plastic, other material, or any part of his or her body in order to prevent or impede the ability of surveillance equipment to clearly photograph or otherwise obtain a clear image of the license plate is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00.

(Code 1981, § 40-2-6.1 , enacted by Ga. L. 2005, p. 691, § 1/SB 93.)

40-2-7. Removing or affixing license plate with intent to conceal or misrepresent.

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.

(Ga. L. 1961, p. 68, § 34; Ga. L. 1990, p. 8, § 40; Ga. L. 1990, p. 2048, § 2.)

40-2-8. Operation of unregistered vehicle or vehicle without current license plate, revalidation decal, or county decal; temporary plate issued by dealers of new or used motor vehicles.

1. 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.
2. 1. Reserved.
   2. 1. 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 from a dealer of new or used motor vehicles who displays a temporary plate issued as provided by subparagraph (B) of this paragraph 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. An owner acquiring a motor vehicle from an entity that is not a new or used vehicle dealer shall register such vehicle as provided for in Code Section 40-2-29 unless such vehicle is to be registered under the International Registration Plan pursuant to Article 3A of this chapter.
      2. 1. Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless such vehicle is to be registered under the International Registration Plan, a temporary plate as provided for by department rules or regulations which may bear the dealer's name and location and shall bear an expiration date 45 days from the date of purchase. The expiration date of such a temporary plate may be revised and extended by the county tag agent upon application by the dealer, the purchaser, or the transferee 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. The requirements of this subparagraph shall 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.
         2. All temporary plates issued by dealers to purchasers of vehicles shall be of a standard design prescribed by regulation promulgated by the department. The department may provide by rule or regulation for the sale and distribution of such temporary plates by third parties in accordance with paragraph (3) of this subsection.
   3. All sellers and distributors of temporary license plates shall maintain an inventory record of temporary license plates by number and name of the dealer.
   4. 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 of such vehicle. 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 penalties enumerated in this subsection.
3. 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.

   (Ga. L. 1927, p. 226, § 8; Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 213, § 2; Code 1933, §§ 68-214, 68-9901; Ga. L. 1943, p. 341, § 4; Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 1, § 1; Ga. L. 1969, p. 266, § 3; Ga. L. 1977, p. 1039, § 1; Ga. L. 1980, p. 746, § 1; Ga. L. 1981, p. 714, § 4; Ga. L. 1982, p. 1584, §§ 2, 5; Ga. L. 1986, p. 1053, § 1; Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 2785, § 1.3; Ga. L. 1993, p. 1260, § 1; Ga. L. 1995, p. 809, § 1; Ga. L. 1996, p. 1118, § 1; Ga. L. 1997, p. 419, § 3; Ga. L. 1998, p. 1179, § 3; Ga. L. 2000, p. 523, § 1; Ga. L. 2001, p. 1173, § 1-1; Ga. L. 2002, p. 415, § 40; Ga. L. 2004, p. 631, § 40; Ga. L. 2005, p. 321, § 1/HB 455; Ga. L. 2005, p. 334, § 14-2/HB 501; Ga. L. 2010, p. 143, § 2/HB 1005; Ga. L. 2011, p. 479, § 10.1/HB 112; Ga. L. 2012, p. 804, § 1/HB 985; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2018, p. 287, § 2/HB 329; Ga. L. 2020, p. 669, § 1/HB 819.)

The 2018 amendment, effective July 1, 2019, in division (b)(2)(B)(i), substituted "bear an expiration date 45 days from the date of purchase" for "bear the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle" at the end of the first sentence and substituted "shall not apply" for "do not apply" in the middle of the last sentence; and added "of such vehicle" at the end of the first sentence of paragraph (b)(4).

The 2020 amendment, effective August 4, 2020, substituted "Reserved." for "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." in paragraph (b)(1).

Cross references. - Jurisdiction over offenses under this Code section, § 40-13-22 .

Editor's notes. - Ga. L. 1995, p. 809, § 22, not codified by the General Assembly, provides: "Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act." The act became effective January 1, 1997.

Ga. L. 1996, p. 1118, § 17, not codified by the General Assembly, provides: "Any local Act enacted pursuant to Code Section 40-2-21 which is in conflict with the provisions of this Act shall stand repealed on the effective date on this Act; provided, however, that any local Act enacted in 1996 pursuant to the provisions of Code Section 40-2-21 as enacted by Act No. 385, Ga. L. 1995, which local Act provides for a four-month staggered registration period for a county, shall not be repealed by the provisions of this Act, but the registration period for such county shall be as provided by subparagraph (a)(1)(B) of Code Section 40-2-21 as enacted by this Act and not as provided in such local Act."

Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-8.1. Operation of vehicle without revalidation decal on license plate.

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.

(Code 1981, § 40-2-8.1 , enacted by Ga. L. 1993, p. 698, § 1.)

40-2-9. Space for county name decal; display of "In God We Trust" decal in lieu of county name decal.

1. Any special, distinctive, or prestige license plate, except those provided for in Code Sections 40-2-61, 40-2-62, 40-2-74, 40-2-82, and 40-2-85.1 or as otherwise expressly provided in this chapter, shall contain a space for a county name decal. The provisions of this chapter relative to county name decals shall be applicable to all such license plates.
2. The department shall make available to all license plates recipients a decal with the same dimensions as the county name decal that contains the words, "In God We Trust." The department shall provide such decal free of charge to any person requesting it. Such decal may be displayed in the space reserved for the county name decal in lieu of the county name decal. (Code 1981, § 40-2-77, enacted by Ga. L. 1985, p. 261, § 8; Ga. L. 1986, p. 1333, § 5; Ga. L. 1989, p. 1186, § 4; Code 1981, § 40-2-81 , as redesignated by Ga. L. 1990, p. 2048, § 2; Code 1981, § 40-2-9 , as redesignated by Ga. L. 2001, p. 479, § 3; Ga. L. 2008, p. 835, § 1/SB 437; Ga. L. 2010, p. 9, § 1-64/HB 1055; Ga. L. 2010, p. 143, § 2.1/HB 1005; Ga. L. 2012, p. 1070, § 1/SB 293.)

Editor's notes. - Ga. L. 2012, p. 1070, § 4/SB 293, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to license plates issued on or after such date."

40-2-10. Voluntary cancellation of vehicle registration.

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.

(Code 1981, § 40-2-10 , enacted by Ga. L. 2003, p. 261, § 1.)

Law reviews. - For note on the 2003 enactment of this Code section, see 20 Ga. St. U.L. Rev. 208 (2003).

40-2-11. Administration of chapter.

1. The commissioner shall be responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner to speedily and efficiently perform the duties conferred on the commissioner in this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of registration, and any other forms or documents relating to the application and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued.
2. The commissioner shall prescribe and provide suitable forms of applications and all other notices and forms necessary to administer this chapter.
3. The commissioner may:
   1. Perform any investigation necessary to procure information required to carry out this chapter; and
   2. Adopt and enforce reasonable rules and regulations to administer this chapter. (Code 1981, § 40-2-11 , enacted by Ga. L. 2008, p. 835, § 2/SB 437.)

40-2-20. Registration and license requirements; certificate of registration and temporary operating permit; two-year registration option for new motor vehicles.

1. 1. 1. Except as provided in subsections (b) and (d) of this Code section and subsection (a) of Code Section 40-2-47, 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.
      2. 1. The purchaser or other transferee owner of every new or used motor vehicle, including tractors and motorcycles, or trailer shall register such vehicle as provided in Code Section 40-2-8 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 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. The county tag agent shall grant an extension of the initial registration period when the transferor, purchaser, or transferee can demonstrate by affidavit in a form provided by the commissioner that title has not been provided to the purchaser or transferee due to the failure of a security interest or lienholder to timely release a security interest or lien in accordance with Code Section 40-3-56.
         2. 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.
      3. The county tag agent may issue a temporary operating permit for any vehicle that fails to comply with applicable federal emission standards, provided that the owner of such vehicle has provided verification of the existence of minimum motor vehicle liability insurance coverage and paid all applicable taxes, penalties, insurance lapse fees, and fees other than the registration fee. Such temporary operating permit shall be valid for 30 days and shall not be renewable.
   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.
2. 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 electric powered personal transportation vehicle;
   6. To any moped; or
   7. To any golf car.
3. 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.
4. Upon the payment of the requisite fee, the purchaser of a new motor vehicle passenger car, as such terms are defined in paragraphs (34) and (41) of Code Section 40-1-1, for which such purchaser has paid state and local title ad valorem taxes may choose to register such passenger car for an initial period of two years instead of the annual registration provided for in this Code section, provided that the motor vehicle owner does not elect a prestige or special license plate. Thereafter, such passenger car shall be subject to the annual registration requirements of this Code section.

   (Ga. L. 1927, p. 226, § 3; Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 213, § 1; Code 1933, § 68-201; Ga. L. 1943, p. 341, § 2; Ga. L. 1953, Jan.-Feb. Sess., p. 392, § 2; Ga. L. 1957, p. 590, § 1; Ga. L. 1960, p. 777, § 1; Ga. L. 1966, p. 252, § 1; Ga. L. 1969, p. 266, § 1; Ga. L. 1973, p. 595, § 2; Ga. L. 1973, p. 781, § 1; Ga. L. 1974, p. 414, § 1; Ga. L. 1974, p. 451, § 1; Ga. L. 1978, p. 2241, § 2; Ga. L. 1984, p. 603, § 1; Ga. L. 1984, p. 1329, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1986, p. 1053, § 2; Ga. L. 1987, p. 949, § 1; Ga. L. 1990, p. 1657, § 3; Ga. L. 1990, p. 2048, § 2; Ga. L. 1993, p. 1260, § 2; Ga. L. 1994, p. 352, § 1; Ga. L. 1995, p. 809, § 2; Ga. L. 1996, p. 1118, § 2; Ga. L. 1997, p. 419, § 4; Ga. L. 1998, p. 1179, § 4; Ga. L. 1999, p. 81, § 40; Ga. L. 1999, p. 784, § 1; Ga. L. 2000, p. 136, § 40; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 1173, § 1-2; Ga. L. 2002, p. 506, § 3; Ga. L. 2002, p. 512, § 4; Ga. L. 2009, p. 449, § 1/SB 128; Ga. L. 2010, p. 143, § 3/HB 1005; Ga. L. 2012, p. 804, § 2/HB 985; Ga. L. 2014, p. 745, § 2/HB 877; Ga. L. 2015, p. 60, § 4-4/SB 100; Ga. L. 2015, p. 836, § 1/HB 147; Ga. L. 2016, p. 864, § 40/HB 737.)

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in the first sentence of subsection (d).

Cross references. - Schedule of fees for registration and licensing of motor vehicles, § 40-2-152 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, a comma was deleted following "chapter" in the first sentence of subsection (a).

The amendment of this Code section by Ga. L. 2002, p. 506, § 3, irreconcilably conflicted with and was treated as superseded by Ga. L. 2002, p. 512, § 4. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Editor's notes. - Ga. L. 1995, p. 809, § 22, not codified by the General Assembly, provides: "Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act." The act became effective January 1, 1997.

Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Ga. L. 2009, p. 449, § 4/SB 128, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to registration and licensing of trailers on and after January 1, 2010.

Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997). For note on 1990 amendment of this Code section, see 7 Ga. St. U.L. Rev. 329 (1990). For note on the 2002 amendment of this chapter, see 19 Ga. St. U.L. Rev. 281 (2002).

40-2-20.1. Redesignated.

Editor's notes. - Ga. L. 1990, p. 2048, § 2, effective July 1, 1990, redesignated former Code Section 40-2-20.1 as present Code Section 40-2-21.

40-2-21. Registration periods.

1. 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:
      1. In all counties except those for which a local Act has been enacted pursuant to this Code section:
         1. 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
         2. For entities other than natural persons:
            1. The month of January for the owner whose name begins with the letter A or B;
            2. The month of February for the owner whose name begins with the letter C or D;
            3. The month of March for the owner whose name begins with the letter E or F;
            4. The month of April for the owner whose name begins with the letter G or H;
            5. The month of May for the owner whose name begins with the letter I or J;
            6. The month of June for the owner whose name begins with the letter K or L;
            7. The month of July for the owner whose name begins with the letter M or N;
            8. The month of August for the owner whose name begins with the letter O or P;
            9. The month of September for the owner whose name begins with the letter Q or R;
            10. The month of October for the owner whose name begins with the letter S or T;
            11. The month of November for the owner whose name begins with the letter U, V, or W; and
            12. The month of December for the owner whose name begins with the letter X, Y, or Z; or
         3. 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
      2. In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period:
         1. For natural persons:
            1. 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;
            2. 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;
            3. 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
            4. 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
         2. For entities other than natural persons:
            1. The month of January for the owner whose name begins with the letter A, B, C, or D;
            2. The month of February for the owner whose name begins with the letter E, F, G, H, I, J, or K;
            3. The month of March for the owner whose name begins with the letter L, M, N, O, P, Q, or R; and
            4. The month of April for the owner whose name begins with the letter S, T, U, V, W, X, Y, or Z; or
         3. 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
      3. 1. 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.
         2. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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. (Code 1981, § 40-2-20.1 , enacted by Ga. L. 1986, p. 1053, § 3; Ga. L. 1987, p. 1, §§ 1, 2; Ga. L. 1988, p. 380, § 1; Code 1981, § 40-2-21 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1995, p. 809, § 3; Ga. L. 1996, p. 1118, § 3; Ga. L. 1997, p. 419, § 5; Ga. L. 1998, p. 1179, § 4A; Ga. L. 1999, p. 667, § 1; Ga. L. 1999, p. 741, § 1; Ga. L. 2000, p. 951, § 3-2.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2001, "the" was substituted for "hte" in division (a)(1)(A)(iii).

Editor's notes. - Ga. L. 1995, p. 809, § 22, not codified by the General Assembly, provides: "Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act." The act became effective January 1, 1997.

Ga. L. 1996, p. 1118, § 17, not codified by the General Assembly, provides: "Any local Act enacted pursuant to Code Section 40-2-21 which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act; provided, however, that any local Act enacted in 1996 pursuant to the provisions of Code Section 40-2-21 as enacted by Act No. 385, Ga. L. 1995, which local Act provides for a four-month staggered registration period for a county, shall not be repealed by the provisions of this Act, but the registration period for such county shall be as provided by subparagraph (a)(1)(B) of Code Section 40-2-21 as enacted by this Act and not as provided in such local Act."

Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-22. Application to local tag agents or commissioner.

License plates and revalidation decals shall be issued only upon applications made to the local tag agent or the commissioner in accordance with the terms of this chapter.

(Ga. L. 1955, p. 659, § 6; Ga. L. 1957, p. 197, § 4; Ga. L. 1966, p. 508, § 6; Code 1981, § 40-2-21 ; Code 1981, § 40-2-22 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 2010, p. 9, § 1-65/HB 1055.)

40-2-23. County tax collectors and tax commissioners designated tag agents.

1. 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.
2. 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. (Ga. L. 1955, p. 659, § 1; Ga. L. 1957, p. 197, § 1; Ga. L. 1965, p. 5, § 1; Ga. L. 1966, p. 508, § 1; Code 1981, § 40-2-22 ; Code 1981, § 40-2-23 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1993, p. 1815, § 1; Ga. L. 1997, p. 739, § 1; Ga. L. 2000, p. 951, § 3-3; Ga. L. 2012, p. 257, § 1-1/HB 386.)

Cross references. - Further provisions regarding designation of tax collectors and tax commissioners as agents for acceptance of applications for registration of motor vehicles, § 48-5-475 .

Administrative Rules and Regulations. - Payment to agent and remittance by agent to state revenue, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, County Tag Agent's § 560-10-3-.04.

Law reviews. - For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 112 (2012).

40-2-24. Bonds of tag agents.

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. 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.

(Ga. L. 1955, p. 645, § 4; Ga. L. 1957, p. 197, § 3; Ga. L. 1966, p. 508, § 5; Code 1981, § 40-2-23 ; Code 1981, § 40-2-24 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 2000, p. 951, § 3-4; Ga. L. 2005, p. 334, § 14-3/HB 501.)

40-2-25. Processing by private persons of applications for registration.

1. 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.
2. 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. (Ga. L. 1977, p. 697, § 1; Code 1981, § 40-2-24 ; Ga. L. 1988, p. 892, § 1; Ga. L. 1989, p. 1403, § 1; Code 1981, § 40-2-25 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 2002, p. 838, § 1.)

Administrative Rules and Regulations. - Tag Service Companies, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Subject 560-10-28.

40-2-25.1. Redesignated.

Editor's notes. - Ga. L. 1990, p. 2048, § 2, effective July 1, 1990, redesignated former Code Section 40-2-25.1 as present Code Section 40-2-27.

40-2-26. Form and contents of application for registration; heavy vehicle tax; satisfactory proof of insurance coverage.

1. 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.
2. 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. In addition, the commissioner shall provide to an applicant an opportunity to designate an alternative emergency contact telephone number that shall be made available to a law enforcement officer making a vehicle tag inquiry in the course of conducting official law enforcement business.
3. 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.
4. 1. As used in this subsection, for the purpose of issuing or renewing motor vehicle registration, the term "satisfactory proof" means:
      1. 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 ;
      2. 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 40-2-137 ; or
      3. 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. (Ga. L. 1927, p. 226, § 3; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-202; Ga. L. 1953, Jan.-Feb. Sess., p. 366, § 1; Ga. L. 1957, p. 452, § 1; Ga. L. 1966, p. 508, § 3; Code 1981, § 40-2-25 ; Ga. L. 1984, p. 609, § 2; Ga. L. 1985, p. 149, § 40; Ga. L. 1987, p. 191, § 9; Code 1981, § 40-2-26 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 2002, p. 1024, § 2; Ga. L. 2003, p. 261, § 2; Ga. L. 2010, p. 143, § 3.1/HB 1005; Ga. L. 2014, p. 704, § 4/SB 23.)

Editor's notes. - Ga. L. 1984, p. 609, § 1, not codified by the General Assembly, provides: "The General Assembly declares that it is the purpose of this Act to ensure that this state receives its full apportionment of federal-aid highway funds and to enable the state revenue commissioner and his officers, agents, and employees to comply with the requirements of the federal government in order for this state to receive all possible federal aid and assistance in the construction and maintenance of the public roads of Georgia."

Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, provided that this Act is applicable to taxable years ending on or after March 11, 1987, and that a taxpayer with a taxable year ending on or after January 1, 1987, and before March 11, 1987, may elect to have the provisions of that Act apply.

Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, also provided that tax, penalty, interest liabilities, and refund eligibility for prior taxable years shall not be affected by that Act.

Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, also provided that provisions of the federal Tax Reform Act of 1986 and of the Internal Revenue Code of 1986 which as of January 1, 1987, were not yet effective become effective for purposes of Georgia taxation on the same dates as those statutes become effective for federal purposes.

Ga. L. 2002, p. 1024, § 7, not codified by the General Assembly, provides: "This Act shall become effective November 1, 2002; provided, however, that the Act shall be effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the authority of the commissioner to adopt rules and regulations and to employ staff and expend moneys within the limits of funds appropriated or otherwise made available for such purpose."

Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

U.S. Code. - Subchapter D of Chapter 36 of the Internal Revenue Code, referred to in paragraph (c)(1), is codified at 26 U.S.C. § 4481 et seq.

Administrative Rules and Regulations. - Tag Forms, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Subject 560-10-19.

40-2-27. (For effective date, see note.) Registration of motor vehicles not manufactured to comply with federal emission and safety standards; certificate of registration for an assembled motor vehicle or motorcycle or a converted motor vehicle; former military motor vehicles.

1. 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.
2. The provisions of subsection (a) of this Code section shall not apply to applications for certificates of registration for such motor vehicles that have a manufactured date that is 25 years or older at the time of application. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of registration.
3. 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.
4. 1. (For effective date, see note.)  Before a certificate of registration is issued for an assembled motor vehicle or motorcycle as such term is defined in Code Section 40-3-30.1, such assembled motor vehicle or motorcycle shall have been issued a certificate of title in Georgia and shall comply with the provisions of such Code section.
   2. Before a certificate of registration is issued for a converted motor vehicle as such term is defined in Code Section 40-3-30.1, such converted motor vehicle shall have been issued a certificate of title in Georgia upon compliance with the inspection provisions of Code Section 40-3-30.1.
5. The provisions of subsection (a) of this Code section shall not apply to applications for certificates of registration for former military motor vehicles that are less than 25 years old and manufactured for the United States military. (Code 1981, § 40-2-25.1 , enacted by Ga. L. 1985, p. 693, § 1; Code 1981, § 40-2-27 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1994, p. 97, § 40; Ga. L. 2000, p. 951, § 3-5; Ga. L. 2002, p. 512, § 5; Ga. L. 2002, p. 1378, § 2; Ga. L. 2008, p. 835, § 3/SB 437; Ga. L. 2014, p. 409, § 2/SB 392; Ga. L. 2020, p. 349, § 2/HB 877.)

Delayed effective date. - Subsection (d), as set out above, becomes effective January 1, 2021. For version of subsection (d) in effect until January 1, 2021, see the 2020 amendment note.

The 2020 amendment, effective January 1, 2021, designated the existing provisions of subsection (d) as paragraph (d)(1); in paragraph (d)(1), inserted "as such term is defined in Code Section 40-3-30.1" near the beginning and substituted "such Code section" for "Code Section 40-3-30.1" at the end; and added paragraph (d)(2).

40-2-28. Proof of ownership.

1. 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.
2. 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. (Ga. L. 1925, p. 315, § 1; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-205; Ga. L. 1953, Jan.-Feb. Sess., p. 366, § 2; Ga. L. 1955, p. 424, § 1; Ga. L. 1973, p. 455, § 1; Code 1981, § 40-2-26 ; Code 1981, § 40-2-28 , as redesignated by Ga. L. 1990, p. 2048, § 2.)

Law reviews. - For comment on Blalock v. Brown, 78 Ga. App. 537 , 51 S.E.2d 610 (1949), see 1 Mercer L. Rev. 128 (1949).

40-2-29. Registration and license plate requirement; license fee to accompany application; temporary operating permit; penalties.

1. Except as otherwise provided in this chapter, any person purchasing or acquiring a vehicle shall register and obtain, or transfer, a license plate to operate such vehicle from the county tag agent in their county of residence no later than seven business days after the date of purchase or acquisition of the vehicle by presenting to the county tag agent the following:
   1. A motor vehicle certificate of title as provided in Chapter 3 of this title;
   2. Satisfactory proof of owner's insurance coverage as provided for in subsection (d) of Code Section 40-2-26;
   3. If applicable, satisfactory proof of compliance with the Article 2 of Chapter 9 of Title 12, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act"; and
   4. Satisfactory proof that all fees, permits, and taxes have been paid.
2. 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 plate or temporary permit fee or any taxes required by law.
3. A person unable to fully comply with the requirements of subsection (a) of this Code section shall register such vehicle and receive a temporary operating permit that will be valid until the end of the initial registration period as provided for in paragraph (.1) of subsection (a) of Code Section 40-2-21. 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 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. The county tag agent shall grant an extension of the initial registration period when the transferor, purchaser, or transferee can demonstrate by affidavit in a form provided by the commissioner that title has not been provided to the purchaser or transferee due to the failure of a security interest holder or lienholder to timely release a security interest or lien in accordance with Code Section 40-3-56.
4. A conviction for displaying a license plate or temporary license plate not provided for in this chapter shall be punished as a misdemeanor. (Ga. L. 1925, p. 315, § 1; Ga. L. 1927, p. 226, § 6; Ga. L. 1931, p. 7, § 84; Code 1933, §§ 68-208, 68-212; Ga. L. 1960, p. 943, § 1; Code 1981, § 40-2-27 ; Ga. L. 1985, p. 149, § 40; Ga. L. 1985, p. 537, § 2; Code 1981, § 40-2-29 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 2010, p. 143, § 4/HB 1005; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2018, p. 287, § 3/HB 329.)

The 2018 amendment, effective July 1, 2019, added the second and third sentences in subsection (c).

Cross references. - Schedule of annual license fees, § 40-2-151 .

40-2-29.21. Redesignated.

Editor's notes. - Ga. L. 1990, p. 2048, § 2, effective July 1, 1990, redesignated former Code Section 40-2-29.21 as former Code Section 40-2-32.

40-2-30. Purchase by mail.

An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his or her residence along with a bank check or money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of $1.00.

(Ga. L. 1957, p. 454, § 1; Ga. L. 1966, p. 508, § 4; Ga. L. 1968, p. 1386, § 1; Code 1981, § 40-2-28 ; Ga. L. 1982, p. 964, § 1; Ga. L. 1987, p. 655, § 1; Code 1981, § 40-2-30 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 2010, p. 9, § 1-66/HB 1055.)

Cross references. - Schedule of annual license fees, § 40-2-151 .

40-2-31. Five-year and annual license plates; design; costs of manufacture and delivery retained from registration fees; revalidation and county decals; "In God We Trust" decals.

1. 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.
2. Such license plates shall be at least six inches wide and not less than 12 inches in length, except motorcycle license plates which shall be at least four inches wide and not less than seven inches in length, and shall show in boldface characters the month and year of expiration, 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 unless specifically stated otherwise in this chapter, 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 license plate shall be of such strength and quality that the plate shall provide a minimum service period of at least five years. The commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," for the design and issuance of new license plates and to implement the other provisions of this Code section.

   (b.1) Notwithstanding the provisions of Code Sections 40-2-131 and 48-2-17, the commissioner shall retain the costs of manufacturing and delivery of license plates, revalidation decals, and county name decals from the registration fee as set forth in Code Section 40-2-151.

3. 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 department shall prepare the specifications which such retroreflective material shall meet.
4. In those years in which a new license 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.
5. 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. A tag agent shall offer, upon such issuance of a new permanent license plate, the option of obtaining a county decal or a decal providing for the nation's motto, "In God We Trust."
6. A county tag agent shall issue a county name decal, upon request, 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.
7. The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the nation's motto, "In God We Trust." A tag agent shall offer, upon such issuance of a new permanent license plate, the option of obtaining a county decal or a decal providing for the nation's motto, "In God We Trust." Such a decal shall be issued, upon request and free of charge, by a county tag agent with each new permanent license plate. (Ga. L. 1927, p. 226, § 8; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-214; Ga. L. 1939, p. 182, § 2; Ga. L. 1943, p. 341, § 3; Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 1, § 1; Ga. L. 1955, p. 659, § 7C; Ga. L. 1969, p. 266, §§ 2, 3; Ga. L. 1979, p. 615, § 1; Ga. L. 1981, p. 714, §§ 1, 2; Code 1981, § 40-2-29 ; Ga. L. 1982, p. 1584, §§ 2A, 5A; Ga. L. 1986, p. 1333, § 1; Ga. L. 1987, p. 949, § 2; Ga. L. 1988, p. 380, § 3; Code 1981, § 40-2-31 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1995, p. 809, § 4; Ga. L. 1996, p. 1118, § 4; Ga. L. 1997, p. 419, § 6; Ga. L. 2001, p. 4, § 40; Ga. L. 2002, p. 512, § 6; Ga. L. 2006, p. 434, § 1/HB 363; Ga. L. 2010, p. 9, § 1-67/HB 1055; Ga. L. 2012, p. 1070, § 2/SB 293.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2010, a period was deleted at the beginning of subsection (b.1).

Editor's notes. - Ga. L. 1995, p. 809, § 22, not codified by the General Assembly, provides: "Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act." The act became effective January 1, 1997.

Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Ga. L. 2012, p. 1070, § 4/SB 293, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to license plates issued on or after such date."

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-32. Commemoration of college or university.

Reserved. Repealed by Ga. L. 2010, p. 9, § 1-74/HB 1055, effective May 12, 2010.

Editor's notes. - This Code section was based on Code 1981, § 40-2-29.21 , enacted by Ga. L. 1987, p. 658, § 1A; Ga. L. 1989, p. 921, § 1; Code 1981, § 40-2-32 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 1; Ga. L. 1997, p. 419, § 7.

40-2-32.1. Commemorative license plates for Georgia organizations; promotional agreements; fees.

Repealed by Ga. L. 2010, p. 9, § 1-75/HB 1055, effective May 12, 2010.

Editor's notes. - This Code section was based on Code 1981, § 40-2-32.1 , enacted by Ga. L. 1997, p. 739, § 2; Ga. L. 1998, p. 1179, § 5; Ga. L. 2006, p. 1094, § 1/HB 1053.

40-2-33. Issuance of license plates and decals; payment and disposition of fees; compensation of tag agents; required identification.

1. 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.
2. Except as provided for in Code Section 40-2-22, 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.
3. 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.
4. The initial issuance of any tag, on or after July 1, 2007, shall not be made unless the applicant presents at the time of application a valid Georgia driver's license or Georgia identification card. This subsection shall not apply to those applicants expressly exempted in Code Section 40-5-21 . (Ga. L. 1955, p. 659, § 3; Ga. L. 1957, p. 197, § 2; Ga. L. 1966, p. 508, § 3; Ga. L. 1970, p. 728, § 1; Code 1981, § 40-2-30 ; Ga. L. 1982, p. 3, § 40; Ga. L. 1985, p. 149, § 40; Ga. L. 1988, p. 377, § 1; Ga. L. 1989, p. 857, § 1; Ga. L. 1990, p. 159, § 1; Code 1981, § 40-2-33 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 2; Ga. L. 1997, p. 419, § 8; Ga. L. 2000, p. 951, § 3-6; Ga. L. 2002, p. 512, § 7; Ga. L. 2007, p. 531, § 1/SB 38; Ga. L. 2010, p. 9, § 1-68/HB 1055.)

Cross references. - Schedule of annual license fees, § 40-2-151 .

Minimum salaries of tax collectors and tax commissioners, § 48-5-183 .

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-34. Reports and remittances by tag agents.

1. 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).
2. 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.
3. 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.
4. 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.
5. 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.
6. All funds derived from motor vehicle registrations or the sale of any license plates and remitted to the state shall be deposited in the general fund of the state treasury unless otherwise specifically authorized by the Constitution and provided for in this chapter. (Ga. L. 1980, p. 1050, § 2; Code 1981, § 40-2-31 ; Ga. L. 1985, p. 149, § 40; Code 1981, § 40-2-34 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1995, p. 809, § 5; Ga. L. 2000, p. 951, § 3-7; Ga. L. 2001, p. 1173, §§ 2-1, 3-1; Ga. L. 2006, p. 1094, § 2/HB 1053.)

Editor's notes. - Ga. L. 1995, p. 809, § 22, not codified by the General Assembly, provides: "Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act." The act became effective January 1, 1997.

Ga. L. 2001, p. 1173, effective January 1, 2002, amended this Code section twice so as to specifically apply that amendment to those versions of this Code section in effect both before and after the amendment made to this Code section by Ga. L. 2000, p. 951, becomes effective.

Ga. L. 2006, p. 1094, § 13/HB 1053, not codified by the General Assembly, provides that the 2006 amendment becomes effective January 1, 2007, only upon ratification of a constitutional amendment by the voters at the 2006 general election. The constitutional amendment (Ga. L. 2006, p. 1112) was approved by a majority of the qualified voters voting at the general election held on November 7, 2006.

Administrative Rules and Regulations. - County Tag Agent's Reports, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Subject 560-10-4.

40-2-35. Commissioner to have license plates and decals by December 1.

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.

(Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 213, § 3; Code 1933, § 68-209; Code 1981, § 40-2-32 ; Code 1981, § 40-2-35 , as redesignated by Ga. L. 1990, p. 2048, § 2.)

40-2-36. Commissioner to furnish license plates and decals to tag agents; inventories and affidavits of missing plates; sale of plates for vehicles weighing more than 26,000 pounds.

1. 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.
2. 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.
3. The county is responsible for providing a secure storage area for all license plates and revalidation decals.
4. 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.
5. The commissioner shall prescribe such reasonable rules and regulations as in his discretion may be necessary to effectuate the purposes of this Code section. (Ga. L. 1955, p. 659, § 2; Ga. L. 1966, p. 508, § 2; Ga. L. 1980, p. 1050, § 1; Code 1981, § 40-2-33 ; Ga. L. 1990, p. 1883, § 1; Code 1981, § 40-2-36 , as redesignated by Ga. L. 1990, p. 2048, § 2.)

40-2-36.1. Redesignated.

Editor's notes. - Ga. L. 1990, p. 2048, § 2, effective July 1, 1990, redesignated former Code Section 40-2-36.1 as present Code Section 40-2-39.

40-2-37. Registration and licensing of vehicles of state and political subdivisions.

1. 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, and except for those assigned for the transportation of employees of the Georgia Lottery Corporation 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 $3.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. The license fee, less the actual manufacturing cost of the plates which will be retained by the department, shall be deposited in the general fund of the state treasury. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced.
2. 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, those assigned for the transportation of employees of the Georgia Lottery Corporation to which regular Georgia license plates are issued, and those vehicles owned by the Department of Public Safety, the commissioner shall provide for registration and issuance of regular license plates for such vehicles. The license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles, except that such license plates shall not display any registration expiration. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such license plates shall be issued at the time the vehicle is purchased by the state.
3. 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. The commissioner shall be authorized to grant a waiver of the requirements of this subsection such that regular Georgia license plates may be issued for any vehicle or vehicles owned by the State of Georgia, any municipality of this state, or any other political subdivision of this state upon finding issuance of such waiver to be in the best interest of public safety, public welfare, or efficient administration.
4. 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 returned to the commissioner or the county tag agent for destruction. 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. 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.
5. 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.
6. This Code section shall apply to all vehicle license plates issued for governmental vehicles on and after January 1, 2007. (Ga. L. 1960, p. 777, §§ 3, 4; Ga. L. 1971, p. 667, § 1; Ga. L. 1980, p. 357, §§ 1, 2; Code 1981, § 40-2-35 ; Code 1981, § 40-2-37 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1995, p. 1302, § 5; Ga. L. 2000, p. 951, § 3-8; Ga. L. 2001, p. 1173, §§ 2-2, 3-2; Ga. L. 2006, p. 434, § 2/HB 363; Ga. L. 2007, p. 652, § 2/HB 518; Ga. L. 2018, p. 908, § 1/HB 695.)

The 2018 amendment, effective July 1, 2018, added the last sentence of subsection (c).

Cross references. - Purchase and lease of motor vehicles by local governments, § 36-91-1 .

Purchase and use of motor vehicles by state generally, § 50-19-1 et seq.

40-2-38. Registration and licensing of manufacturers, distributors, and dealers; issuance of manufacturer, distributor, and dealer plates.

1. 1. 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 master number plate to expire each year in accordance with subsection (f) of this Code section, to be known as a dealer's number and to be distinguished from the number plates provided for in this chapter by different and distinguishing colors to be determined by the commissioner. The dealer plate for a franchise motor vehicle dealer shall be distinguishable from the dealer plate for a used car dealer and from the dealer plate for a motor vehicle wholesaler. A dealer's number plate is for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. Persons engaged in the business of transporting vehicles for a dealer under a vehicle's own power shall be permitted to use such dealer's plate for the purpose of transporting a vehicle.
   2. 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 for private use shall authorize such person to operate the vehicle to which the number is attached on the public highways and streets. For purposes of this paragraph, "employee" means a person who works a minimum of 36 hours per week at the dealership.
   3. 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 it owns when such vehicles are used for evaluation or demonstration purposes, notwithstanding incidental personal use by a manufacturer or distributor. A dealer may apply for one or more distinguishing dealer's numbers. 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.
   4. 1. Upon application and payment of the required fee, the commissioner shall issue to manufacturer headquarters or its affiliate number license plates with the words "Manufacturer HQ" on such plates. The manufacturer headquarters license plates must be used exclusively on motor vehicles owned or in possession of a manufacturer headquarters or its affiliate. Such manufacturer headquarters plates are limited to no longer than 24 months' use per vehicle.
      2. A manufacturer headquarters or its affiliate shall apply on a form prescribed by the commissioner and shall provide proof that the applicant:
         1. Is a bona fide manufacturer headquarters; and
         2. Maintains a system of records regarding use of such license plates. The manufacturer headquarters shall state in each application the number of manufacturer headquarters license plates requested.
      3. The manufacturer headquarters or its affiliate shall pay an application fee of $62.00 per application as provided in this Code section and shall pay $12.00 for each and every plate furnished. With respect to any manufacturer headquarters license plate issued to a manufacturer headquarters or its affiliate, notwithstanding anything to the contrary in this title or Code Section 48-5C-1, such manufacturer headquarters or its affiliate, and any person operating or possessing a motor vehicle using a manufacturer headquarters license plate pursuant to this paragraph, shall not be subject to state or local title ad valorem tax fees with respect to such vehicle or manufacturer headquarters license plate.
      4. The manufacturer headquarters or its affiliate shall maintain a system of records regarding the motor vehicle to which the manufacturer headquarters license plate will be attached. Such record shall, at a minimum, contain the:
         1. Vehicle Identification Number (VIN);
         2. Name and address of the primary individual operating the vehicle; and
         3. Manner of use of the vehicle selected from the alternative uses referenced in subparagraph (E) of this paragraph.
      5. Vehicles with manufacturer headquarters license plates may be operated by persons authorized by the manufacturer headquarters or its affiliate on vehicles of its brand for the following manners of use:
         1. Evaluation, marketing, or demonstration purposes, notwithstanding incidental personal use by a manufacturer headquarters' authorized employee or other authorized person designated by such manufacturer headquarters or its affiliate; or
         2. As part of a vehicle leasing program operated by such manufacturer headquarters or its affiliate for the benefit of employees. Any operation of a motor vehicle by a person for an approved use pursuant to this subparagraph shall be deemed to be a demonstration of the motor vehicle for purposes of Code Section 48-8-39.
   5. The commissioner shall include a distinctive logo or emblem for any manufacturer's, distributor's, or manufacturer headquarters' license plate to be attached to an alternative fueled vehicle, as such term is defined in paragraph (7) of subsection (l) of Code Section 40-2-86.1. Alternative fuel vehicles bearing a special license plate pursuant to this subsection shall be subject to the alternative fuel vehicle fees as set forth in paragraph (19) of subsection (a) of Code Section 40-2-151 at the time of initial issuance and annually thereafter in a manner prescribed by the commissioner. Display of a special license plate issued pursuant to this paragraph shall authorize travel by such alternative fueled vehicle in lanes for exclusive or preferential use designated pursuant to Code Section 32-9-4.
2. Dealer plates shall be issued in the following manner:
   1. Dealers shall be issued a master plate and two additional plates, for a total of three initial plates; and
   2. In addition to the three dealer plates issued in accordance with paragraph (1) of this subsection, each dealer may also be issued one additional dealer plate for every 20 units sold in a calendar year.

      In order to determine the additional number and classification of plates to be issued to a dealer, a dealer shall be required to certify by affidavit to the department the number of retail and wholesale units sold in the prior calendar year using the past motor vehicle sales history of the dealer as identified by department records of documentation approved by the department. If no sales history is available, the department shall issue a number of plates based on an estimated number of sales for the coming calendar year. The department may, in its discretion, request documentation supporting sales history and may increase or decrease the number and classification of plates issued based on actual sales.

3. This Code section shall not apply in any manner to mopeds as such term is defined in Code Section 40-1-1.
4. 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 manufacturer headquarters has unlawfully used such license plates in violation of this Code section.
5. If a license plate issued pursuant to this Code section is lost or stolen, the dealer, manufacturer, distributor, manufacturer headquarters, or other party to whom the license plate was issued must immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer, distributor, manufacturer headquarters, or other party to whom the license plate was issued shall file a notarized affidavit with the department requesting a replacement plate. Such affidavit shall certify under penalty of perjury that the license plate has been lost or stolen and that the loss has been reported to a local law enforcement agency.
6. 1. The expiration of a license plate issued pursuant to this Code section shall be the last day of the registration period as provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of this subsection, the registration period shall be determined by the first letter of the legal name of the business listed on the application for registration or renewal of registration. An application for renewal of registration shall not be submitted earlier than 90 days prior to the last day of the registration period. A penalty of 25 percent of the total registration fees due shall be assessed any person registering pursuant to this Code section who, prior to the expiration of such person's registration period, fails to apply for renewal or if having applied fails to pay the required fees.
   2. A transition period shall commence on October 1, 2007, and conclude on December 31, 2007, for all existing registrations and any new registration applications presented prior to January 1, 2008. On or after January 1, 2008, new applications for registration shall be submitted and remain valid until the expiration of such registration as specified in paragraph (1) of this subsection.
7. The commissioner shall adopt rules and regulations for the implementation of this Code section. (Ga. L. 1927, p. 226, § 7; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-213; Ga. L. 1963, p. 529, § 1; Ga. L. 1977, p. 591, § 1; Ga. L. 1978, p. 2241, § 2A; Code 1981, § 40-2-36 ; Ga. L. 1982, p. 3, § 40; Ga. L. 1985, p. 149, § 40; Code 1981, § 40-2-38 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 2978, § 1; Ga. L. 1993, p. 296, § 1; Ga. L. 1997, p. 1559, § 1; Ga. L. 2004, p. 631, § 40; Ga. L. 2005, p. 321, § 2/HB 455; Ga. L. 2006, p. 465, § 1/HB 1052; Ga. L. 2007, p. 652, §§ 3, 4/HB 518; Ga. L. 2015, p. 1219, § 2/HB 202; Ga. L. 2017, p. 774, § 40/HB 323; Ga. L. 2019, p. 486, § 2/SB 227.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised punctuation in subparagraph (a)(4)(C).

The 2019 amendment, effective May 2, 2019, added paragraph (a)(5).

Cross references. - Registration and licensing of makers and dealers of motor vehicles, § 40-2-153 .

40-2-38.1. Transporter license plate.

1. A person engaged in the business of the limited operation of a motor vehicle or trailer for any of the following purposes may obtain a transporter plate authorizing the movement of the vehicle for the specific purpose:
   1. To facilitate the delivery of new or used motor vehicles, trucks, trailers, or buses between manufacturers, distributors, dealers, sellers, or purchasers;
   2. To move a mobile office, a mobile classroom, a mobile or manufactured home, or a house trailer;
   3. To drive a motor vehicle or pull a trailer that is part of the inventory of a dealer to and from a motor vehicle or trailer trade show or exhibition or to, during, and from a parade in which the motor vehicle or trailer is used; or
   4. To drive special mobile equipment in any of the following circumstances:
      1. From the manufacturer of the equipment to a facility of a dealer; or
      2. From one facility of a dealer to another facility of a dealer.
2. This Code section shall not be construed to require a motor vehicle or trailer dealer to obtain transporter plates in order to transport vehicles for sale or lease.
3. A person may obtain a transporter plate by filing an application with the Department of Revenue and paying the required fee. The fee for an initial transporter plate shall be $62.00 and the fee for all additional plates shall be $12.00. An application for a transporter plate must be on a form provided by the department and must contain the information required by the department. The department is authorized to promulgate regulations consistent with this Code section.
4. Transporter plates issued under this Code section shall be distinguishable from dealer, wholesaler, manufacturer, or distributor plates, as provided for in Code Section 40-2-38.
5. During the year for which it is issued, a person may transfer a transporter plate from one vehicle to another so long as the vehicle is driven or pulled only for a purpose authorized by subsection (a) of this Code section. In order to obtain a transporter plate, an applicant must demonstrate to the department compliance with all applicable federal and state laws.
6. The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that an applicant has unlawfully used such license plates for purposes other than those expressly permitted by this Code section.
7. If a license plate issued pursuant to this Code section is lost or stolen, the dealer, manufacturer, distributor, or other party to whom the license plate was issued must immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer, distributor, or other party to whom the license plate was issued shall file a notarized affidavit with the department requesting a replacement plate. Such affidavit shall certify under penalty of perjury that the license plate has been lost or stolen and that the loss has been reported to a local law enforcement agency.
8. This Code section shall not in any way apply to farm tractors.
9. 1. The expiration of a license plate issued pursuant to this Code section shall be the last day of the registration period as provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of this subsection, the registration period shall be determined by the first letter of the legal name of the business listed on the application for registration or renewal of registration. An application for renewal of registration shall not be submitted earlier than 90 days prior to the last day of the registration period. A penalty of 25 percent of the total registration fees due shall be assessed any person registering pursuant to this Code section who, prior to the expiration of such person's registration period, fails to apply for renewal or if having applied fails to pay the required fees.
   2. A transition period shall commence on October 1, 2007, and conclude on December 31, 2007, for all existing registrations and any new registration applications presented prior to January 1, 2008. On or after January 1, 2008, new applications for registration shall be submitted and remain valid until the expiration of such registration as specified in paragraph (1) of this subsection.
10. The commissioner shall adopt rules and regulations for the implementation of this Code section. (Code 1981, § 40-2-38.1 , enacted by Ga. L. 2006, p. 465, § 2/HB 1052; Ga. L. 2007, p. 652, § 5/HB 518; Ga. L. 2012, p. 155, § 1/HB 732.)

40-2-39. Registration and licensing of new motor vehicle dealers; temporary site permits; administrative fines; penalty.

1. 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 or used motor vehicles are sold or offered for sale for which a temporary site permit has been issued by the department in accordance with paragraph (4) of subsection (b) of this Code section and which location is:
      1. Used for a period not to exceed 96 hours in any 30 day period of time;
      2. Used not more than three times in any calendar year; and
      3. Located in the county in which the established place of business of the new motor vehicle dealer using the temporary site is located or an adjoining county.
   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.
2. 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, a temporary site, or a properly licensed auto auction or licensed facility. This paragraph shall not be construed to prohibit a new motor vehicle dealer from delivering a vehicle off site if the transaction is initiated at an established place of business under this chapter.
   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 apply to new motor vehicle trade shows and shall not be construed to prohibit new motor vehicle trade shows or properly licensed auctions.
   4. 1. At least 60 days prior to the opening of a sale at a temporary site, a new motor vehicle dealer must make application to the department for a temporary site permit.
      2. To be eligible for a temporary site permit, a new motor vehicle dealer must be registered with the department as required by Code Section 40-2-38. In order to obtain a temporary site permit, a new motor vehicle dealer must provide, on a form promulgated by the department, the following:
         1. The address, including county, of the new motor vehicle dealer's established place of business;
         2. The address, including county, of the temporary site location;
         3. The dates and hours of the temporary site sale;
         4. The number of temporary site sales already conducted by the new motor vehicle dealer during the calendar year in which the requested temporary site sale is to occur; and
         5. The name, address, and contact person of any sponsors, promoters, and lending institutions involved in or to be represented at the temporary site sale.
      3. As part of the application, a new motor vehicle dealer must submit written documentation demonstrating that the new motor vehicle dealer has complied with any licensing requirements applicable in the local jurisdiction in which the temporary site sale will occur and a copy of a written agreement with the owner of the real property where the sale is to occur.
      4. A temporary site permit issued pursuant to this paragraph shall be valid only for the dates and hours of the sale as indicated in the application submitted to the department and must be prominently displayed at the temporary site at all times during the sale. No new motor vehicle dealer may purchase more than three temporary site permits within a calendar year. A temporary site permit is not transferable to any other dealer or location.
      5. The filing fee for each application for a temporary site permit shall be $100.00.
3. 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. If, after a hearing, the commissioner determines that any person has violated this Code section more than once, the commissioner may suspend a dealer's registration for a period not to exceed ten days. Any hearing and any administrative review held pursuant to this Code section 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. For purposes of this subsection, the sale of each motor vehicle while not in compliance with temporary site permit requirements shall constitute a separate violation.
4. Any person who violates any provision of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00 or imprisonment for a period not to exceed 12 months, or both. (Code 1981, § 40-2-36.1 , enacted by Ga. L. 1988, p. 854, § 1; Code 1981, § 40-2-39 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1998, p. 1179, § 6; Ga. L. 2005, p. 321, § 3/HB 455; Ga. L. 2006, p. 72, § 40/SB 465.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2005, "section" was made lower case in paragraph (a)(8) and "department" was substituted for "Department of Motor Vehicle Safety" in paragraph (a)(8) and in subparagraph (b)(4)(A).

40-2-39.1. Restrictions on sale or advertising of used motor vehicles displayed or parked; exceptions; enforcement; penalty.

1. 1. An owner or lessee of any real property shall not authorize more than five used motor vehicles within any 12 month period displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles.
   2. An owner or lessee of any real property shall not authorize more than two used motor vehicles at the same time displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles.
   3. An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle if the display or parking of such vehicle will cause the owner or lessee of the real property to be in violation of paragraph (1) or (2) of this subsection.
   4. An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle unless the owner or lessee of such vehicle has the prior permission of the owner or lessee of the real property.
2. The provisions of subsection (a) of this Code section shall not apply:
   1. If the owner or lessee of the vehicle displayed or parked is employed by the owner or lessee of the real property on which the vehicle is displayed or parked;
   2. If the owner or lessee of the vehicle displayed or parked is conducting business with the owner or lessee of the real property on which the vehicle is parked or displayed at the time such vehicle is displayed or parked; or
   3. If the real property on which a vehicle is parked is a parking lot for which a fee is charged for the use of such parking lot, the owner or lessee of the parked vehicle has paid the fee for the use of such parking lot, and such vehicle is legitimately parked on the property for purposes other than displaying, selling, or advertising the sale of such vehicle.
3. 1. An owner or lessee of any real property shall not authorize any used motor vehicle to be displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicle if such vehicle is not lawfully titled and registered in the name of the individual or entity offering such vehicle for sale in accordance with the applicable provisions of this chapter and Chapter 3 of this title.
   2. A person shall not advertise, display, sell, or offer for sale any used motor vehicle unless such vehicle is lawfully titled and registered in such person's name in accordance with the applicable provisions of this chapter and Chapter 3 of this title.
4. Any law enforcement officer or agency, the board, or the owner or lessee of any real property upon which a vehicle is displayed or parked in violation of subsection (a) or (c) of this Code section for longer than 24 consecutive hours may have any such vehicle towed from such real property and stored at the expense of the owner or lessee of such vehicle and may then dispose of said vehicle in accordance with Chapter 11 of this title.
5. A violation of this Code section shall constitute an unfair or deceptive act or practice and shall be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975." A violation of this Code section may be penalized as provided in Code Section 43-47-21 or any other applicable provision of this Code, including, but not limited to, the "Fair Business Practices Act of 1975."
6. This Code section shall not apply to any person licensed under Chapter 47 of Title 43 or to any franchised motor vehicle dealer or any subsidiary wholly owned or controlled by such dealer. This Code section shall not eliminate or change the requirement for any person to obtain a license under Chapter 47 of Title 43 if such person engages in any conduct or activity for which a license is required under Chapter 47 of Title 43.
7. Any person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00 for each violation or imprisonment for a period not to exceed 12 months, or both. (Code 1981, § 40-2-39.1 , enacted by Ga. L. 2007, p. 214, § 2/HB 144.)

Editor's notes. - Ga. L. 2007, p. 214, § 4/HB 144, not codified by the General Assembly, provides, in part, that prosecutions for or cases involving any violation of law occurring prior to July 1, 2007, shall not be affected by the repeals or amendments made by it or abated by reason thereof.

40-2-40. Registration of delinquent vehicles; collection and disposition of penalties.

1. 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.
2. 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 law 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.
3. 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.
4. 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 law enforcement officers shall be paid to the fiscal authorities of the county where the vehicle is registered. (Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 213, § 1; Code 1933, § 68-201; Ga. L. 1943, p. 341, § 2; Ga. L. 1953, Jan.-Feb. Sess., p. 392, § 2; Ga. L. 1959, p. 351, § 1; Ga. L. 1969, p. 266, § 1; Ga. L. 1973, p. 595, § 2; Ga. L. 1973, p. 781, § 1; Ga. L. 1974, p. 414, § 1; Code 1981, § 40-2-37 ; Ga. L. 1986, p. 1053, § 4; Code 1981, § 40-2-40 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1995, p. 809, § 6; Ga. L. 1996, p. 1118, § 5; Ga. L. 1997, p. 419, § 9; Ga. L. 2000, p. 523, § 2; Ga. L. 2001, p. 4, § 40; Ga. L. 2005, p. 334, § 14-3.1/HB 501.)

Editor's notes. - Ga. L. 1995, p. 809, § 22, not codified by the General Assembly, provides: "Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act." The act became effective January 1, 1997.

Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-41. Display of license plates.

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.

(Ga. L. 1927, p. 226, § 8; Code 1933, § 68-215; Ga. L. 1977, p. 596, § 1; Code 1981, § 40-2-38 ; Ga. L. 1982, p. 1584, §§ 3, 6; Code 1981, § 40-2-41 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1991, p. 779, § 1; Ga. L. 1992, p. 6, § 40; Ga. L. 1997, p. 419, § 10; Ga. L. 2000, p. 523, § 3.)

Administrative Rules and Regulations. - Display of Tags, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Subject 560-10-10.

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-41.1. Authentic historical Georgia license plates.

1. As used in this Code section, the term "authentic historical Georgia license plate" means a license plate originally issued in the year 1989 or earlier and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the year 1989 or earlier pursuant to former motor vehicle registration laws of this state.
2. The owner of any antique motor vehicle manufactured in 1989 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 within four years 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.
3. For purposes of this Code section, the authentic historical Georgia license plate shall be furnished by the owner of any such antique motor vehicle.
4. No later than January 1, 2006, 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 displayed on such antique motor vehicle. (Code 1981, § 40-2-41.1 , enacted by Ga. L. 1999, p. 791, § 2; Ga. L. 2001, p. 1021, § 2; Ga. L. 2002, p. 415, § 40; Ga. L. 2005, p. 593, § 1/SB 117; Ga. L. 2018, p. 305, § 1/HB 671.)

The 2018 amendment, effective May 3, 2018, substituted "1989" for "1970" in two places in subsection (a) and in the first sentence of subsection (b); and inserted "within four years" in the middle of the first sentence of subsection (b).

40-2-42. Transfer of license plates and revalidation decals.

1. 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.
2. 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.
3. 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. (Ga. L. 1927, p. 226, § 8; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-214; Ga. L. 1939, p. 182, § 2; Ga. L. 1969, p. 266, § 3; Ga. L. 1972, p. 178, § 1; Ga. L. 1979, p. 615, § 2; Ga. L. 1981, p. 714, § 3; Code 1981, § 40-2-39 ; Ga. L. 1990, p. 8, § 40; Code 1981, § 40-2-42 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 3; Ga. L. 1997, p. 419, § 11; Ga. L. 1998, p. 1179, § 7.)

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-43. Certificate of registration; replacement of lost registration certificate; issuing of duplicates.

1. 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.
2. 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. (Ga. L. 1925, p. 315, § 1; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-206; Ga. L. 1978, p. 901, § 1; Code 1981, § 40-2-41 ; Ga. L. 1985, p. 149, § 40; Ga. L. 1985, p. 1276, § 1; Ga. L. 1986, p. 1333, § 2; Code 1981, § 40-2-43 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1997, p. 419, § 11A; Ga. L. 1998, p. 1179, § 8.)

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-44. Reporting of theft, loss, or mutilation of license plates or revalidation decals; issuance of duplicates or replacements.

1. 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.
2. 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.
3. 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.
4. The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section. (Ga. L. 1927, p. 226, § 8; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-214; Ga. L. 1939, p. 182, § 2; Ga. L. 1969, p. 266, § 3; Ga. L. 1974, p. 397, § 1; Ga. L. 1979, p. 615, § 2; Ga. L. 1981, p. 714, § 3; Code 1981, § 40-2-40 ; Ga. L. 1982, p. 1584, §§ 1, 4; Code 1981, § 40-2-42 , enacted by Ga. L. 1983, p. 676, § 1; Ga. L. 1985, p. 1278, § 1; Ga. L. 1988, p. 380, § 2; Code 1981, § 40-2-44 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 2978, § 2; Ga. L. 1993, p. 91, § 40; Ga. L. 1994, p. 1851, § 1; Ga. L. 1995, p. 742, § 1; Ga. L. 2000, p. 951, § 3-9.)

40-2-45. Transferring license plate or revalidation decal for "salvage", "rebuilt", damaged, or demolished motor vehicles.

1. 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.
2. 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. (Code 1981, § 40-2-43 , enacted by Ga. L. 1989, p. 1186, § 1; Code 1981, § 40-2-45 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1997, p. 419, § 12; Ga. L. 1998, p. 1179, § 9.)

Cross references. - Certificates of title for salvage or rebuilt motor vehicles, §§ 40-3-35 , 40-3-36 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1998, the spelling of "transferred" was corrected in subsection (b).

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-46. License plate commemorating 1996 Olympic Games.

Reserved. Repealed by Ga. L. 1998, p. 128, § 40, effective March 27, 1998, and by Ga. L. 1998, p. 1179, § 10, effective May 1, 1998.

Editor's notes. - This Code section was based on Code 1981, § 40-2-46 , enacted by Ga. L. 1991, p. 1683, § 1; Ga. L. 1993, p. 972, § 1.

40-2-47. Permanent registration and license plates for certain trailers; "leased or rented trailer" defined.

1. Notwithstanding any other provision of this chapter to the contrary, the owner of any trailer, including:
   1. 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; or
   2. Any boat trailer, utility trailer, or noncommercial cattle and livestock trailer,

      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.

2. 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.
3. 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. (Code 1981, § 40-2-47 , enacted by Ga. L. 1994, p. 1373, § 1; Ga. L. 1995, p. 742, § 2; Ga. L. 1997, p. 419, § 12A; Ga. L. 2002, p. 1074, § 5; Ga. L. 2009, p. 449, § 2/SB 128.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1994, "one-time" was substituted for "one time" in the first sentence of subsection (a) (now the ending undesignated paragraph).

Editor's notes. - Ga. L. 2002, p. 1074, § 8, not codified by the General Assembly, provides: "This Act shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to the effective date of this Act." This Act became effective July 1, 2002.

Ga. L. 2009, p. 449, § 4/SB 128, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to registration and licensing of trailers on and after January 1, 2010.

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-48 through 40-2-49.1

Repealed by Ga. L. 2006, p. 1094, §§ 3-5, effective January 1, 2007.

Editor's notes. - Code Sections §§ 40-2-48 through 40-2-49.1, relating to license plates promoting United States Disabled Athletes Fund, Nongame- Endangered Wildlife Program, and Bobwhite Quail Restoration Initiative were based on Code 1981, § 40-2-48 , enacted by Ga. L. 1995, p. 238, § 1; Ga. L. 1997, p. 1415, § 1; Ga. L. 1998, p. 1179, § 11; Code 1981, § 40-2-49, enacted by Ga. L. 1995, p. 1021, § 1; Ga. L. 1997, p. 419, § 13; Ga. L. 1998, p. 1179, § 12; Code 1981, § 40-2-49.1, enacted by Ga. L. 1999, p. 791, § 1. For current provisions regarding these license plates, see Code Section 40-2-86 .

Ga. L. 2006, p. 1094, § 13/HB 1053, not codified by the General Assembly, provides for the repeal of these Code sections effective January 1, 2007, only upon ratification of a constitutional amendment by the voters at the 2006 general election. The constitutional amendment (Ga. L. 2006, p. 1112) was approved by a majority of the qualified voters voting at the general election held on November 7, 2006.

Ga. L. 2010, p. 9, § 1-75/HB 1055, repealed the reservation of these Code sections.

40-2-49.2. License plates promoting the conservation of wildflowers.

Repealed by Ga. L. 2010, p. 9, § 1-75/HB 1055, effective May 12, 2010.

Editor's notes. - This Code section was based on Code 1981, § 40-2-49.2 , enacted by Ga. L. 2001, p. 1021, § 3. For current provisions regarding this license plate, see Code Section 40-2-86(l)(5).

40-2-49.3. License plates promoting dog and cat reproductive sterilization support programs.

Repealed by Ga. L. 2010, p. 9, § 1-75/HB 1055, effective May 12, 2010.

Editor's notes. - This Code section was based on Code 1981, § 40-2-49.3 , enacted by Ga. L. 2002, p. 1215, § 2. For current provisions regarding this license plate, see Code Section 40-2-86(l)(6).

40-2-50. Definitions.

As used in this article, the term:

1. "Fleet" means 100 or more motor vehicles.
2. "Fleet registration plan" means the method of registering the motor vehicles of a fleet as provided in this article. (Code 1981, § 40-2-50 , enacted by Ga. L. 1998, p. 1179, § 12A; Ga. L. 2018, p. 677, § 1/HB 898.)

The 2018 amendment, effective July 1, 2018, substituted "100" for "1,000" in paragraph (1).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1998, the subsection (a) designation was deleted and a period was substituted for "; and" at the end of paragraph (1).

40-2-51. Fleet enrollment.

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. 1. Applications for enrollment of a fleet under the fleet registration plan may be submitted to the department in the form and manner prescribed by the commissioner.
   2. An applicant for enrollment of a fleet under the fleet registration plan shall pay a fleet enrollment fee of $50.00 for initial enrollment of the fleet.
   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, and assign a unique registration account number to the applicant. (Code 1981, § 40-2-51 , enacted by Ga. L. 1998, p. 1179, § 12A; Ga. L. 2018, p. 677, § 1/HB 898.)

The 2018 amendment, effective July 1, 2018, in subsection (a), deleted the paragraph (a)(1) designation and deleted paragraph (a)(2), which read: "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."; in paragraph (b)(1), substituted "by the commissioner" for "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"; in paragraph (b)(2), deleted the subparagraph (b)(2)(A) designation, substituted "$50.00" for "$200.00", and deleted subparagraph (b)(2)(B), which read: "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."; and, at the end of paragraph (b)(3), substituted "and assign a unique registration account number to the applicant" for "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. Registration and licensing of fleet motor vehicles.

1. Within 30 days of 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 by submitting properly completed certificates of title for each vehicle in a fleet and any supporting documents required by the commissioner. The owner or operator of the enrolled fleet which acquires a vehicle after approval of fleet enrollment shall submit the properly completed certificates of title and required supporting documentation for any additional vehicles within 30 days from the date of acquisition of such vehicle.
2. All certificates of title by the owner or operator of an enrolled fleet required under this article shall be submitted to the department electronically and in a manner prescribed by the commissioner.
3. Any applicable state and local title and ad valorem taxes required pursuant to Code Section 48-5C-1 shall be paid for any new motor vehicle to be included in an enrolled fleet.
4. 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. (Code 1981, § 40-2-52 , enacted by Ga. L. 1998, p. 1179, § 12A; Ga. L. 2018, p. 677, § 1/HB 898.)

The 2018 amendment, effective July 1, 2018, substituted the present provisions of subsection (a) for the former provisions, which read: "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."; substituted the present provisions of subsection (b) for the former provisions, which read: "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."; added subsection (c); and redesignated former subsection (c) as subsection (d).

40-2-53. License plates for fleet motor vehicles.

1. Upon electronic submission of all applicable requirements of this article, the department shall send notification of such to the county tag agent. Upon receipt of such notification from the department, 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. Fleet motor vehicle license plates shall be similar in design to 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. Such motor vehicle license plates shall contain the word "FLEET" in the location of and in lieu of the revalidation decal required under Code Section 40-2-8 so as to distinctly identify the motor vehicle as part of an enrolled fleet.
3. License plates issued under this Code section shall be renewed annually upon payment of a renewal fee to the department. Such fee shall be the same amount that would be charged for a revalidation decal for such vehicle.
4. License plates issued under this Code section may be transferred between vehicles of the same class upon electronic submission to the department of the information required under Code Section 40-2-51 for any vehicle added to an enrolled fleet and the payment of the required registration fees for such additional vehicle. (Code 1981, § 40-2-53 , enacted by Ga. L. 1998, p. 1179, § 12A; Ga. L. 2018, p. 677, § 1/HB 898.)

The 2018 amendment, effective July 1, 2018, substituted the present provisions of subsection (a) for the former provisions, which read: "(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."; in subsection (b), deleted "and issued for the same period as" following "similar in design to" near the beginning of the first sentence, substituted the present provisions of the second sentence for the former provisions, which read: "It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."; substituted the present provisions of subsection (c) for the former provisions, which read: "(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."; and substituted the present provisions of subsection (d) for the former provisions, which read: "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. Audits; regulatory authority.

1. 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.
2. The department is authorized to promulgate such rules and regulations as the department shall find necessary to implement the provisions of this article. (Code 1981, § 40-2-54 , enacted by Ga. L. 1998, p. 1179, § 12A; Ga. L. 2018, p. 677, § 1/HB 898.)

The 2018 amendment, effective July 1, 2018, deleted former subsection (a), which read: "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."; redesignated former subsection (b) as present subsection (a); and added subsection (b).

40-2-55. Termination of participation in fleet registration plan.

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 5 percent or more of the total vehicles in the fleet which are registered in this state;
2. Of the conviction of the fleet registrant for any unlawful use of any license plate issued for a fleet vehicle;
3. Of the failure of the fleet registrant to pay title and ad valorem taxes as required for any fleet vehicle; or
4. Of the failure of the fleet registrant to pay enrollment fees as required. (Code 1981, § 40-2-55 , enacted by Ga. L. 1998, p. 1179, § 12A; Ga. L. 2018, p. 677, § 1/HB 898.)

The 2018 amendment, effective July 1, 2018, deleted former paragraph (1), which read: "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;"; redesignated former paragraph (2) as present paragraph (1), and, in paragraph (1), added "which are registered in this state" at the end; redesignated former paragraphs (3) and (4) as present paragraphs (2) and (3), respectively; in paragraph (3), inserted "title and" in the middle and added "or" at the end; redesignated former paragraph (5) as present paragraph (4), and, in paragraph (4), deleted "; or" following "required" at the end; and deleted former paragraph (6), which read: "Of the forfeiture of the surety bond required under Code Section 40-2-52 or 40-2-53".

40-2-60. Prestige license plates.

1. 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 $35.00 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 $35.00 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.
2. 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.
3. 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.
4. The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section.

   (Ga. L. 1968, p. 1404, §§ 2, 3, 5; Ga. L. 1985, p. 261, § 1; Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 4; Ga. L. 2010, p. 9, § 1-69/HB 1055.)

40-2-60.1. Standardized administrative process for special license plates; designs; fees; application process.

1. The General Assembly finds that in recent years numerous laws were enacted 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 or delegate 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.
2. 1. The General Assembly determines that the issuance of special license plates to support an agency, fund, or program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and the dedication of a portion of the funds raised from the issuance of these special license plates is in the best interests of the people of this state and is authorized by Article III, Section IX, Paragraph VI(n) of the Constitution.
   2. The commissioner is authorized to adopt rules and regulations for the issuance of special license plates for groups of individuals and vehicles. All special license plates issued pursuant to this paragraph shall not be subject to the provisions of subsection (e) of this Code section.
3. As used in this Code section, the term:
   1. "Manufacturing fee" means a $25.00 fee paid at the time an application is submitted or upon the issuance of a special license plate.
   2. "Registration fee" means the fees as set forth in Code Section 40-2-151.
   3. "Special license plate" means a license plate that is authorized under this Code section that commemorates an event or supports an agency, fund, or program beneficial to the people of this state or is specifically authorized by the General Assembly for certain persons or vehicles.
   4. "Special license plate fee" means a $35.00 fee paid at the time a special license plate is issued.
   5. "Special license plate renewal fee" means a $35.00 fee paid at the time a special license plate is renewed and a revalidation decal is issued.

   (c.1) Any special license plate issued under the provisions of this Code section shall be subject to the manufacturing fee, special license plate fee, and special license plate renewal fee provided for in this Code section.

4. The agency, fund, or nonprofit corporation sponsoring a special license plate, in cooperation with the commissioner, shall design a special distinctive license plate appropriate to promote the program benefited by the issuance of the special license plate. Special license plates for groups of individuals and vehicles shall be readily recognizable by the insertion of an appropriate logo or graphic identifying the special nature of the license plate. All special 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 an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. Spaces for county name labels or other authorized labels, including the "In God We Trust" label, are required for all special license plates unless expressly eliminated under this chapter.
5. Before the department disburses to the agency, fund, or nonprofit corporation funds from the issuance of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds will be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved.
6. Notwithstanding the other provisions of this Code section, no special license plate shall be produced 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 produce the special license plate. The department shall not utilize any graphic that is copyrighted unless a sponsoring organization has secured for the state the authority to utilize the copyrighted design at no cost to the state and the sponsoring organization has agreed to hold the state harmless against any related claim of copyright violation or infringement. The design of the initial edition of any 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.
7. Any Georgia resident who is the owner of a motor vehicle, except a commercial vehicle as defined in 49 C.F.R. Section 390.5, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and payment of the appropriate fees as set forth in this Code section in addition to the required motor vehicle registration fee, shall be able to apply for a special license plate as provided in this Code section.
8. Any party requesting a special license plate not previously authorized by this chapter shall make application with the department. The application shall include a design of the proposed license plate and a bond of $50,000.00 to serve as surety for moneys collected from applicants by the sponsor. The commissioner shall review and approve or disapprove all applications within 30 days of receipt by the department. Upon approval of the design by the commissioner, the special license plate authorized pursuant to this subsection shall not be issued except upon the receipt by the department of at least 1,000 prepaid applications together with the manufacturing fees within two years after the date of approval by the commissioner. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fees, and all fees held by the department and the sponsor shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications along with the manufacturing fees, the sponsor shall not be entitled to a refund.
9. Upon the receipt of 1,000 applications together with manufacturing fees, the commissioner shall provide a letter of certification to the sponsor verifying that the sponsor has satisfied the requirements of the provisions of this Code section. Upon receipt of the letter of certification, the sponsor, if necessary, shall seek enactment of the appropriate legislation required to authorize manufacture of the special license plate.
10. The department shall not be required to continue to manufacture a special license plate or accept renewals and applications if the number of active registrations falls below 500 registrations at any time during a calendar year. A current registrant may continue to renew such special license plate during his or her annual registration period. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the number of active registrations for the special license plate falls below 500 at any time during a calendar year, the sponsoring agency, fund, or nonprofit corporation shall be required to obtain 1,000 applications accompanied by the manufacturing fee to continue to manufacture the special license plate.
11. Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80.
12. Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met.
13. The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section. The rules and regulations to be promulgated by the commissioner may provide for exceptions whereby a special license plate will not be issued if the issuance of the plate would adversely affect public safety. (Code 1981, § 40-2-60.1 , enacted by Ga. L. 1997, p. 1559, § 2; Ga. L. 1998, p. 1179, § 12B; Ga. L. 2000, p. 951, § 3-10; Ga. L. 2002, p. 1215, § 3; Ga. L. 2005, p. 1159, § 1/SB 168; Ga. L. 2006, p. 72, § 40/SB 465; Ga. L. 2007, p. 180, § 1/HB 457; Ga. L. 2010, p. 9, § 1-70/HB 1055; Ga. L. 2012, p. 1070, § 3/SB 293; Ga. L. 2013, p. 141, § 40/HB 79.)

Editor's notes. - Ga. L. 1990, p. 2048, § 2, effective July 1, 1990, renumbered former Code Section 40-2-60.1 as present Code Section 40-2-61.

Ga. L. 1997, p. 1559, § 5, not codified by the General Assembly, provides that no special license plate shall be issued under that Act prior to January 1, 1998.

Ga. L. 2012, p. 1070, § 4/SB 293, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to license plates issued on or after such date."

40-2-61. Special license plates for U.S. Senators and Congressmen, Governor, Lieutenant Governor, Speaker of House of Representatives, Justices of Supreme Court, and Judges of Court of Appeals.

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 $35.00 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.

(Code 1981, § 40-2-60.1 , enacted by Ga. L. 1989, p. 1186, § 2; Ga. L. 1990, p. 1902, § 1; Code 1981, § 40-2-61 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 4.1; Ga. L. 1997, p. 419, § 14; Ga. L. 2010, p. 9, § 1-71/HB 1055.)

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-62. Special license plates for members of General Assembly.

The commissioner shall mail special and distinctive license plates printed for members of the General Assembly and former members of the General Assembly who are hereby deemed to have emeritus status after having served in the General Assembly eight or more years to the local tag agent in the counties wherein such members or former 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 $35.00 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.

(Ga. L. 1968, p. 1216, § 1; Code 1981, § 40-2-61 ; Ga. L. 1986, p. 1333, § 3; Code 1981, § 40-2-62 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 4.1; Ga. L. 1995, p. 809, § 7; Ga. L. 1997, p. 419, § 15; Ga. L. 2010, p. 9, § 1-72/HB 1055; Ga. L. 2013, p. 265, § 1/SB 121.)

Editor's notes. - Ga. L. 1995, p. 809, § 22, not codified by the General Assembly, provides: "Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act." The act became effective January 1, 1997.

Ga. L. 2013, p. 265, § 4/SB 121, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall only apply to members of the General Assembly who have eight or more years of service as of December 31, 2013.

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-63. Special license plates for sheriffs.

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.

(Ga. L. 1978, p. 1530, § 1; Code 1981, § 40-2-62 ; Ga. L. 1985, p. 261, § 2; Ga. L. 1990, p. 159, § 2; Code 1981, § 40-2-63 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 5; Ga. L. 1995, p. 809, § 8.)

Editor's notes. - Ga. L. 1995, p. 809, § 22, not codified by the General Assembly, provides: "Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this act." The act became effective January 1, 1997.

40-2-63.1. Special license plates for public safety first responders injured in line of duty.

1. Any law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder who has sustained a major injury through no fault of his or her own during the competent performance of his or her official duties shall, upon application therefor, be issued a free special and distinctive motor vehicle license plate upon presentation of proof that such individual is entitled to receive such special license plate. For purposes of this Code section, a major injury shall be one that was of sufficient seriousness as to require hospitalization or comparable medical treatment and which resulted in permanent disability or disfigurement of the body.
2. License plates issued pursuant to this Code section need not contain a place for the county name decal as required pursuant to Code Section 40-2-9, and a county name decal need not 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 free revalidation decals shall be issued upon compliance with the laws relating to registration and licensing. The special license plates issued pursuant to this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80.
3. The commissioner is authorized and directed to design the license plate, establish procedures, establish standards for proof of eligibility, and promulgate rules and regulations to effectuate the purposes of this Code section. (Code 1981, § 40-2-63.1 , enacted by Ga. L. 2015, p. 816, § 1/HB 48; Ga. L. 2019, p. 908, § 1/SB 138.)

The 2019 amendment, effective July 1, 2019, in subsection (a), inserted "free" in the first sentence, and deleted the former second sentence, which read: "Application for such license plates shall include payment of a manufacturing fee of $25.00."; and, in subsection (b), inserted "as required pursuant to Code Section 40-2-9" in the first sentence, and in the second sentence, inserted "free" and deleted "and upon payment of an additional registration fee of $35.00 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" following "registration and licensing".

40-2-64. Honorary consuls' license plates.

1. 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.
2. 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.
3. The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section. (Ga. L. 1976, p. 215, §§ 2-4; Code 1981, § 40-2-63 ; Ga. L. 1985, p. 261, § 3; Code 1981, § 40-2-64 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1998, p. 1179, § 13.)

40-2-64.1. Foreign Organization license plates.

1. In accordance with the Taiwan Relations Act as provided for in Code Section 50-1-2, the commissioner shall design a distinctive Foreign Organization license plate.
2. Upon application and compliance with the state motor vehicle laws relating to the registration and licensing of motor vehicles and the payment of any registration fees, including the $25.00 manufacturing fee and the $35.00 special license plate fee or the $35.00 special license plate renewal fee, as applicable, official representatives of the Taipei Economic and Cultural Representatives Office in the United States who maintain a presence in Georgia shall be issued Foreign Organization license plates as prescribed in Code Section 40-2-31 in duplicate. Such license plates shall be fastened to both the front and the rear of the vehicle.
3. Official representatives of the Taipei Economic and Cultural Representatives Office in Atlanta accredited by the Georgia Department of Economic Development shall be entitled to Foreign Organization license plates for the representative's privately owned motor vehicle. Such license plates shall not be used by any representative after his or her presence in Georgia has terminated.
4. 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 plates were originally issued but shall be transferred to another vehicle as provided in Code Section 40-2-80.
5. The commissioner is authorized to establish procedures and promulgate rules and regulations for implementing this Code section. (Code 1981, § 40-2-64.1 , enacted by Ga. L. 2005, p. 334, § 14-4/HB 501; Ga. L. 2010, p. 9, § 1-73/HB 1055.)

40-2-65. Special license plates for members of active reserve components of the United States.

1. 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.
2. 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.
3. 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.
4. The spouse of a member of the active reserve of the United States military who is killed while serving in a combat arena shall continue to be eligible to be issued a distinctive license plate as provided in this Code section so long as such spouse does not remarry. (Ga. L. 1978, p. 2205, §§ 1-3; Code 1981, § 40-2-64 ; Ga. L. 1989, p. 14, § 40; Code 1981, § 40-2-65 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 6; Ga. L. 1992, p. 2785, § 1; Ga. L. 1992, p. 3311, § 1; Ga. L. 1995, p. 809, § 9; Ga. L. 1996, p. 1118, § 6; Ga. L. 1997, p. 419, § 16; Ga. L. 2000, p. 830, § 1; Ga. L. 2002, p. 838, § 2; Ga. L. 2002, p. 1074, § 5; Ga. L. 2006, p. 803, § 2/SB 538.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2001, a comma was inserted following "motorcycles" in the second sentence in paragraph (a)(1) and in the first sentence in paragraph (a)(2).

Editor's notes. - Ga. L. 1995, p. 809, § 22, not codified by the General Assembly, provides: "Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act." The act became effective January 1, 1997.

Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

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

Administrative Rules and Regulations. - Free United States Military Reserve Tags, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Subject 560-10-29.

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-66. Special license plates for members of Georgia National Guard.

1. 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.
2. 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.
3. 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.
4. 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.
5. The spouse of a member of the National Guard who is killed while serving in a combat arena shall continue to be eligible to be issued a distinctive license plate as provided in this Code section so long as such spouse does not remarry. (Ga. L. 1953, Nov.-Dec. Sess., p. 57, §§ 1-4; Ga. L. 1958, p. 642, § 2; Ga. L. 1973, p. 457, § 1; Ga. L. 1977, p. 593, § 1; Code 1981, § 40-2-65 ; Ga. L. 1985, p. 149, § 40; Ga. L. 1988, p. 854, § 2; Ga. L. 1989, p. 14, § 40; Code 1981, § 40-2-66 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 7; Ga. L. 1993, p. 1260, § 3; Ga. L. 1994, p. 1848, § 1; Ga. L. 1995, p. 809, § 10; Ga. L. 1996, p. 1118, § 7; Ga. L. 1997, p. 419, § 17; Ga. L. 2000, p. 830, § 2; Ga. L. 2006, p. 803, § 3/SB 538.)

Cross references. - Organized militia, T. 38, C. 2, A. 1, P. 2.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, a comma was deleted following "paragraph" in the fourth sentence of paragraph (a)(2).

Pursuant to Code Section 28-9-5, in 2001, a comma was inserted following "motorcycles" in the first sentence of paragraph (a)(1) and "motorcycles, or" was substituted for "motorcycle or" in the first sentence of paragraph (a)(2).

Editor's notes. - Ga. L. 1995, p. 809, § 22, not codified by the General Assembly, provides: "Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act." The act became effective January 1, 1997.

Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Administrative Rules and Regulations. - Free National Guard License Plate, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Subject 560-10-24.

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-67. Special license plates for state commanders of nationally chartered veterans' organizations.

1. 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.
2. 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. (Ga. L. 1960, p. 3; Code 1981, § 40-2-66 ; Ga. L. 1985, p. 261, § 4; Code 1981, § 40-2-67 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 8; Ga. L. 1994, p. 413, § 1; Ga. L. 1996, p. 1118, § 8; Ga. L. 1997, p. 419, § 18.)

Editor's notes. - Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-68. Special license plates for Medal of Honor winners.

1. 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. In the event of the death of the person who received the special license plates pursuant to this Code section, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, his or her surviving spouse may retain the special license plates and continue to display such plates on the vehicle.
2. The commissioner may begin issuing distinctive personalized license plates to such Medal of Honor winners for the year 1980 and thereafter.
3. 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. (Ga. L. 1979, p. 887, §§ 2-4; Code 1981, § 40-2-67 ; Ga. L. 1985, p. 149, § 40; Code 1981, § 40-2-68 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1996, p. 1118, § 9; Ga. L. 1997, p. 419, § 19; Ga. L. 1998, p. 1179, § 14; Ga. L. 2005, p. 1159, § 2/SB 168.)

Cross references. - Tax exemption for veterans awarded Medal of Honor, § 48-5-478.3 .

Editor's notes. - Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-69. Free license plates and revalidation decals for disabled veterans.

1. Any disabled veteran who is a citizen and resident of this state shall, upon application therefor, be issued a free motor vehicle license plate. As used in this Code section, the term "disabled veteran" shall have the same meaning as that term is defined in paragraph (1) of subsection (a) of Code Section 48-5-48.
2. Any disabled veteran shall, upon application therefor, be issued a free motor vehicle license plate upon presentation of proof that he or she qualifies as a disabled veteran. A disabled veteran who claims that his or her disability is permanent shall furnish proof of such permanent disability through a letter from the United States Department of Veterans Affairs.
3. 1. Once a disabled 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 or minor child own or acquire in the future.
   2. Once a disabled veteran has established his or her eligibility to receive free motor vehicle license plates but his or her disability 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 his or her status as a disabled veteran 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 or minor child own or acquire in the future.
   3. 1. Two license plates or revalidation decals each year shall be furnished for vehicles other than motorcycles to disabled 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.
      2. One license plate or revalidation decal each year shall be furnished for motorcycles to disabled veterans qualifying under this Code section unless the original is lost. Such plate shall be fastened to the rear of the vehicle.
   4. In the event of the death of the person who received the special license plates pursuant to this Code section, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, his or her unremarried surviving spouse or minor child may continue to receive the free special license plates and revalidation decals until the remarriage of the surviving spouse or death of the surviving spouse or minor child. (Ga. L. 1956, p. 336, § 1; Ga. L. 1957, p. 69, § 1; Ga. L. 1959, p. 349, § 1; Ga. L. 1961, p. 554, § 1; Ga. L. 1965, p. 325, § 1; Ga. L. 1968, p. 1211, § 1; Ga. L. 1970, p. 315, § 1; Ga. L. 1970, p. 316, § 1; Ga. L. 1975, p. 720, § 1; Code 1981, § 40-2-68 ; Ga. L. 1985, p. 149, § 40; Ga. L. 1990, p. 45, § 1; Code 1981, § 40-2-69 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 1498, § 1; Ga. L. 1994, p. 393, §§ 1, 2; Ga. L. 1997, p. 1559, § 3; Ga. L. 2007, p. 668, § 1/SB 81; Ga. L. 2015, p. 816, § 2/HB 48; Ga. L. 2016, p. 166, § 2/SB 258; Ga. L. 2016, p. 770, § 1/HB 862.)

The 2016 amendments. The first 2016 amendment, effective April 26, 2016, substituted the present provisions of subsection (a) for the former provisions, which read: "Any disabled veteran who is a citizen and resident of this state shall, upon application therefor, be issued a free motor vehicle license plate. As used in this Code section, the term 'disabled veteran' means 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 or as being less than 100 percent totally disabled but is compensated at the 100 percent level due to individual unemployability and 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." The second 2016 amendment, effective May 3, 2016, made identical changes as the first 2016 amendment.

Cross references. - Veterans', honorary, and distinctive drivers' licenses, § 40-5-36 .

Administrative Rules and Regulations. - Free Veterans License Plate, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Subject 560-10-27.

40-2-70. Special license plates for disabled veterans not qualifying under Code Section 40-2-69.

1. Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable or who is currently serving in the armed forces, 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.
2. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and without 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. There shall be no charge for revalidation decals for such plates.
3. 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 state revenue commissioner indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section. (Ga. L. 1967, p. 539, § 1; Code 1981, § 40-2-69 ; Ga. L. 1985, p. 149, § 40; Code 1981, § 40-2-70 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1993, p. 467, § 1; Ga. L. 1996, p. 1118, § 10; Ga. L. 1997, p. 419, § 20; Ga. L. 1998, p. 1179, § 15; Ga. L. 2000, p. 951, § 3-11; Ga. L. 2002, p. 1074, § 6; Ga. L. 2005, p. 334, § 14-5/HB 501; Ga. L. 2012, p. 155, § 2/HB 732.)

Editor's notes. - Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

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

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-71. Design of disabled veteran plates; restrictions on issuance and transfer.

1. 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, either the words "Disabled Veteran" or "Disabled Vet," and an image of the International Symbol of Access which is at least one inch in height and is white on a blue background.
2. Such license plates so issued shall be transferred to another vehicle as provided in Code Section 40-2-80.
3. 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. (Ga. L. 1956, p. 336, §§ 2, 3, 5; Ga. L. 1957, p. 69, § 2; Ga. L. 1959, p. 349, § 2; Code 1981, § 40-2-70 ; Ga. L. 1990, p. 1476, § 1; Code 1981, § 40-2-71 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1996, p. 6, § 40; Ga. L. 1996, p. 1118, § 11; Ga. L. 1997, p. 419, § 21; Ga. L. 1998, p. 1179, § 16; Ga. L. 2012, p. 155, § 3/HB 732.)

Editor's notes. - Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-71.1. Redesignated.

Editor's notes. - Ga. L. 1990, p. 2048, § 2, effective July 1, 1990, redesignated former Code Section 40-2-71.1 as present Code Section 40-2-73.

40-2-72. Penalty for violation of Code Sections 40-2-69 through 40-2-71.

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.

(Ga. L. 1956, p. 336, § 6; Ga. L. 1957, p. 69, § 6; Code 1981, § 40-2-71 ; Code 1981, § 40-2-72 , as redesignated by Ga. L. 1990, p. 2048, § 2.)

40-2-73. Special license plates for former prisoners of war.

1. 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.
2. 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.
3. 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.
4. 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.
5. The commissioner may begin issuing distinctive personalized license plates to such prisoners of war for the year 1982 and thereafter. (Ga. L. 1981, p. 516, §§ 1-5; Code 1981, § 40-2-71.1 ; Ga. L. 1984, p. 423, § 1; Ga. L. 1985, p. 1278, § 2; Ga. L. 1986, p. 626, § 1; Code 1981, § 40-2-73 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1996, p. 1118, § 12; Ga. L. 1997, p. 419, § 22; Ga. L. 1998, p. 1179, § 17.)

Cross references. - Veterans', honorary, and distinctive drivers' licenses, § 40-5-36 .

Editor's notes. - Ga. L. 1996, p. 1118, § 17, not codified by the General Assembly, provides: "Any local Act enacted pursuant to Code Section 40-2-21 which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act; provided, however, that any local Act enacted in 1996 pursuant to the provisions of Code Section 40-2-21 as enacted by Act. No. 385, Ga. L. 1995, which local Act provides for a four-month staggered registration period for a county, shall not be repealed by the provisions of this Act, but the registration period for such county shall be as provided by subparagraph (a)(1)(B) of Code Section 40-2-21 as enacted by this Act and not as provided in such local Act."

Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-74. Special license plates for persons with disabilities.

1. Any owner of a private passenger motor vehicle 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.

   (a.1) Any business registered in Georgia that is a sole proprietorship, a Subchapter "S" Corporation under Subchapter S of Chapter 1 of the Internal Revenue Code, or a single principal limited liability corporation or limited liability partnership which assigns or makes available a passenger motor vehicle for the use of an employee of such business, 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 such employee 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. The affidavit shall also state that such business vehicle shall be used only or primarily by such disabled employee. If such disabled employee leaves the employment of the company, the company shall surrender the plate to the commissioner within 60 days. In the event that an employee or other person that is not a disabled person uses a business vehicle which has been issued a special plate pursuant to this subsection, he or she shall not avail himself or herself of the privileges afforded under this title to a disabled person with a special plate. Any person who is not a disabled person as prescribed by this Code section and who willfully and falsely avails himself or herself of the privileges afforded to such special plate under this title shall be guilty of a misdemeanor. Any business to which one or more special plates are issued pursuant to this subsection which is determined by the commissioner to have repeated violations of this subsection by an employee or employees or other person or persons that are not disabled as prescribed by this Code section shall be subject to revocation of such special plate or plates.

2. 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 24-6-651, 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. 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.
3. 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) 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.

4. 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.
5. 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.
6. 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 or herself as having the qualifications to obtain the special plates prescribed by this Code section shall be guilty of a misdemeanor.
7. 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.
8. 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. (Ga. L. 1973, p. 576, §§ 2-5; Ga. L. 1978, p. 1653, § 1; Code 1981, § 40-2-72 ; Ga. L. 1984, p. 22, § 40; Ga. L. 1985, p. 149, § 40; Ga. L. 1989, p. 1186, § 3; Code 1981, § 40-2-74 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1994, p. 413, §§ 2, 3; Ga. L. 1995, p. 1302, § 6; Ga. L. 1996, p. 1118, § 13; Ga. L. 1997, p. 419, § 23; Ga. L. 1998, p. 1179, § 18; Ga. L. 2000, p. 1182, § 1; Ga. L. 2005, p. 1159, § 3/SB 168; Ga. L. 2008, p. 286, § 1/SB 517; Ga. L. 2011, p. 99, § 56/HB 24.)

Cross references. - Handicapped persons, T. 30.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1994, "pursuant to Article 8" was substituted for "pursuant Article 8" in the last sentence of subsection (b).

Pursuant to Code Section 28-9-5, in 2008, "person" was deleted following "are not disabled" in the last sentence of subsection (a.1).

Editor's notes. - Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Administrative Rules and Regulations. - Disabled Persons License Plates, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Chapter 560-10-26.

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

40-2-74.1. Temporary, permanent, and special permanent parking permits for persons with disabilities.

1. The department shall issue parking permits for persons with disabilities and may delegate to county tag agents the responsibility for issuance of such permits to residents of the county served by the tag agent. The department shall receive applications for and issue parking permits by mail to persons with disabilities upon presentation of an affidavit of a licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, or licensed chiropractor stating that such person is a disabled person, the specific disability that limits or impairs the person's ability to walk, and that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6-221. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be made of a substrate as determined by the commissioner and shall be of sufficient quality to ensure that the coloring of the permit and the ink used thereon will resist fading for a period of at least four years. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, the license number of the particular vehicle, and an identification number shall appear on the permit. The institution shall use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities.
2. The department shall issue a temporary permit to any temporarily disabled person upon presentation of an affidavit of a licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, or licensed chiropractor stating that such person is a temporarily disabled person, the specific disability that limits or impairs the person's ability to walk, that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6-221, and a date until which such person is likely to remain disabled. The temporary permit shall show prominently on its face an expiration date the same as the date specified by such doctor for the likely termination of the disability, which date shall not be more than 180 days after the date the permit is issued. The expiration date shall be printed with permanent ink and in boldface type of sufficient size to be legible when the permit is displayed on the driver's side of the dashboard or hung from the rearview mirror.
3. The department shall issue a permanent permit to any permanently disabled person upon presentation of an affidavit of a licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, or licensed chiropractor stating that such person is a permanently disabled person. The affidavit shall further state the specific disability that limits or impairs the person's ability to walk or that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6-221. The department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation of individuals with disabilities upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the driver's side of the dashboards of such vehicles. The permanent permit shall be predominantly blue in color and shall show prominently on its face an expiration date four years from the date it is issued. The expiration date shall be machine printed, not handwritten, in boldface type of sufficient size to be legible when the permit is displayed on the driver's side of the dashboard or hung from the rearview mirror.
4. Any individual to whom a specially designated disabled veteran's license plate has been issued pursuant to Code Sections 40-2-69 through 40-2-72 and any individual to whom a specially designated disabled person's license plate has been issued pursuant to Code Section 40-2-74 shall be authorized to park the passenger motor vehicle on which the specially designated license plate is attached in a parking place for persons with disabilities without the necessity of obtaining a parking permit for persons with disabilities pursuant to this Code section.
5. The department shall issue a special permanent permit to any person who:
   1. Because of a physical disability drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or
   2. Is physically disabled due to the loss of, or loss of use of, both upper extremities.

      This special permanent permit shall be gold in color and shall show prominently on its face an expiration date four years from the date it is issued. The expiration date shall be printed in a size of print that is legible when the permit is displayed on the driver's side of the dashboard or hung from the rearview mirror. Such a special permit shall be used in the same manner as, and shall be subject to the provisions of this Code section relating to, other permanent parking permits for persons with disabilities and shall also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special gold permit:

      "Code Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the self-service price for the holder of this special permit when such holder requests such service and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind."

6. The department and county tag agents shall not charge or collect any fee for issuing parking permits for persons with disabilities under this Code section.
7. Any special disabled person decal issued under the former provisions of this Code section shall be valid until its expiration date but shall not be reissued.
8. For purposes of this Code section, an active duty military physician shall be entitled to submit an affidavit in support of the application of active duty or retired military personnel for parking permits for persons with disabilities whether or not such physician is licensed to practice in Georgia. Such affidavit shall state that the applicant is in active military service and is stationed in Georgia pursuant to military orders or is retired from the military and is a resident of Georgia and that such person is a disabled person, the specific disability that limits or impairs the person's ability to walk, and that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6-221.
9. For purposes of this Code section the department shall accept, in lieu of an affidavit, a signed and dated statement from the doctor which includes the same information as required in an affidavit written upon security paper as defined in paragraph (38.5) of Code Section 26-4-5 . (Code 1981, § 40-2-74.1 , enacted by Ga. L. 2005, p. 1159, § 4/SB 168; Ga. L. 2006, p. 659, § 1/HB 1217; Ga. L. 2008, p. 147, § 1/HB 961; Ga. L. 2008, p. 369, § 1/SB 369; Ga. L. 2012, p. 804, § 3/HB 985; Ga. L. 2014, p. 710, § 3-1/SB 298.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2006, "person who is" was deleted following "permit to any" in the first sentence of subsection (c).

40-2-75. Special license plates for amateur radio operators.

Reserved. Repealed by Ga. L. 2010, p. 9, § 1-74/HB 1055, effective May 12, 2010.

Editor's notes. - This Code section was based on Ga. L. 1951, p. 653, §§ 1-4; Ga. L. 1970, p. 699, § 1; Code 1981, § 40-2-73 ; Ga. L. 1982, p. 1075, §§ 1, 2; Ga. L. 1983, p. 3, § 29; Ga. L. 1984, p. 433, § 1; Ga. L. 1985, p. 261, § 5; Ga. L. 1986, p. 1333, § 4; Code 1981, § 40-2-75 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 9; Ga. L. 1994, p. 1848, § 2; Ga. L. 1995, p. 809, § 11; Ga. L. 1996, p. 1118, § 14; Ga. L. 1997, p. 419, § 24; Ga. L. 1998, p. 1179, § 19. For current provisions regarding this license plate, see Code Section 40-2-86.1(l)(6).

40-2-75.1. Redesignated.

Editor's notes. - Ga. L. 1990, p. 2048, § 2, effective July l, 1990, redesignated former Code Section 40-2-75.1 as former Code Section 40-2-78.

40-2-75.2. Redesignated.

Editor's notes. - Ga. L. 1990, p. 2048, § 2, effective July 1, 1990, redesignated former Code Section 40-2-75.2 as former Code Section 40-2-79.

40-2-76 through 40-2-78.

Reserved. Repealed by Ga. L. 2010, p. 9, § 1-74/HB 1055, effective May 12, 2010.

Editor's notes. - These Code sections were based on Ga. L. 1958, p. 302, §§ 1-5; Ga. L. 1977, p. 596, § 1; Ga. L. 1982, p. 2298, §§ 1-4; Ga. L. 1983, p. 3, § 29; Ga. L. 1985, p. 261, § 7; Ga. L. 1986, p. 427, § 1; Ga. L. 1989, p. 921, § 3; Ga. L. 1990, p. 8, § 40; Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 10; Ga. L. 1992, p. 779, § 11; Ga. L. 1993, p. 1678, § 1; Ga. L. 1994, p. 97, § 40; Ga. L. 1994, p. 1853, § 1; Ga. L. 1995, p. 809, § 12; Ga. L. 1997, p. 419, §§ 25-26; Ga. L. 1997, p. 1589, § 2; Ga. L. 1998, p. 1179, § 20-22; Ga. L. 1999, p. 791, § 3; Ga. L. 2000, p. 951, § 3-12; Ga. L. 2003, p. 450, § 3; Ga. L. 2008, p. 832, § 1/HB 1220. For current provisions regarding these license plates, see Code Section 40-2-86.1(l)(7) (alternative fueled vehicles); Code Section 40-2-86.1(l)(8) (antique or hobby vehicles); and Code Section 40-2-86.1(l)(9) (firefighters).

40-2-79. Leased or rented trailers.

Reserved. Repealed by Ga. L. 1997, p. 419, § 26A, effective May 1, 1997.

Editor's notes. - This Code section was based on Code 1981, § 40-2-75.2 [repealed], enacted by Ga. L. 1987, p. 949, § 3; Code 1981, § 40-2-79 , as redesignated by Ga. L. 1990, p. 2048, § 2.

40-2-80. Transfer of special license plates.

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.

(Ga. L. 1969, p. 266, § 3; Code 1981, § 40-2-76 ; Code 1981, § 40-2-80 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 12; Ga. L. 1997, p. 419, § 27; Ga. L. 1998, p. 1179, § 23.)

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-81. Special license plates for members of the Georgia State Defense Force.

1. For purposes of this Code section, the term "Georgia State Defense Force" means that organization established pursuant to Part 3 of Article 1 of Chapter 2 of Title 38.
2. 1. Motor vehicle and trailer owners who are members of the Georgia State Defense Force shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, motorcycles, 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. 1. Motor vehicle and trailer owners who are members of the Georgia State Defense Force shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a Georgia State Defense Force member license plate. One such license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee.
      2. Each member of the Georgia State Defense Force 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.
3. The commissioner shall design a Georgia State Defense Force member 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, trucks, motorcycles, and trailers 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. Such plates shall be nontransferable.
4. The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars, trucks, motorcycles, and trailers 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 members of the Georgia State Defense Force.
5. The license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80.
6. Special license plates issued under this Code section, except as provided in subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual registration fee.
7. Should a member of the Georgia State Defense Force who has been issued a license plate or license plates be discharged or otherwise separated from the Georgia State Defense Force, the member shall forward his or her Georgia State Defense Force member license plate or plates to the commissioner along with a certificate to the effect that such person has been discharged or otherwise separated from the Georgia State Defense Force, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former member of the Georgia State Defense Force to replace the Georgia State Defense Force member plate or plates. (Code 1981, § 40-2-81 , enacted by Ga. L. 2015, p. 816, § 2.1/HB 48.)

Editor's notes. - Ga. L. 2001, p. 479, § 3, redesignated former Code Section 40-2-81 as Code Section 40-2-9, effective January 1, 2002. Ga. L. 2001, p. 479, § 4, effective January 1, 2002, reserved the designation of Code Section 40-2-81.

40-2-82. Distinctive license plates for Department of Public Safety vehicles for troopers of Georgia State Patrol or law enforcement officers of the Motor Carrier Compliance Division.

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 or law enforcement officers of the Motor Carrier Compliance Division. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the state revenue commissioner. 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.

(Code 1981, § 40-2-78, enacted by Ga. L. 1989, p. 1186, § 5; Code 1981, § 40-2-82 , as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 2000, p. 951, § 3-13; Ga. L. 2005, p. 334, § 14-6/HB 501.)

40-2-83. Special or prestige license plates for jointly owned vehicles; surrendering when joint ownership ceases.

1. 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.
2. 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.
3. 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. (Code 1981, § 40-2-83 , enacted by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 2978, § 2.1; Ga. L. 1997, p. 419, § 28; Ga. L. 1998, p. 1179, § 24.)

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-84. License plates for veterans awarded Purple Heart.

1. 1. Motor vehicle or motorcycle 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, motorcycle, trailer, or truck used for personal transportation, provided that the requisite number of applications is 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.
   2. For purposes of this Code section, the term "veteran" shall include a member of the armed forces or reserves who is still serving on active duty after being awarded the Purple Heart citation.
2. 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, motorcycles, and trucks 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.
3. The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars, motorcycles, 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 Purple Heart recipient. For any redesigned plates issued on or after January 1, 2006, such inscription shall include the designation "Combat Wounded."
4. 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.
5. 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 . (Code 1981, § 40-2-84 , enacted by Ga. L. 1990, p. 1316, § 1; Ga. L. 1991, p. 1145, § 2; Ga. L. 1992, p. 6, § 40; Ga. L. 1992, p. 779, § 13; Ga. L. 1993, p. 1793, § 1; Ga. L. 1994, p. 97, § 40; Ga. L. 1994, p. 564, § 1; Ga. L. 1997, p. 419, § 29; Ga. L. 1998, p. 1179, § 25; Ga. L. 2000, p. 830, § 3; Ga. L. 2002, p. 1074, § 5; Ga. L. 2005, p. 1159, § 5/SB 168; Ga. L. 2012, p. 110, § 1/SB 473; Ga. L. 2012, p. 155, § 4/HB 732.)

Cross references. - Purple Heart Day, § 1-4-21 .

Veterans awarded Purple Heart exempt from ad valorem taxes provided license plate issued under Code Section 40-2-84 , § 48-5-478.2 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1990, this Code section, which was enacted as Code Section 40-2-75.3, was renumbered as Code Section 40-2-84, and a reference to Code Section 40-2-80 was substituted for a reference to Code Section 40-2-76 in subsection (d).

Editor's notes. - Ga. L. 2002, p. 1074, § 8, not codified by the General Assembly, provides: "This Act shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to the effective date of this Act." The act became effective July 1, 2002.

Administrative Rules and Regulations. - Purple heart recipient license plates, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Issuance of Special Prestige License Plates, § 560-10-22-.07.

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-85. License plates for veterans who survived attack on Pearl Harbor.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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. (Code 1981, § 40-2-85 , enacted by Ga. L. 1990, p. 797, § 1; Ga. L. 1992, p. 779, § 14; Ga. L. 1994, p. 558, § 1; Ga. L. 1994, p. 564, § 2; Ga. L. 1996, p. 1259, § 1; Ga. L. 1997, p. 419, § 30; Ga. L. 1997, p. 1515, § 1; Ga. L. 1998, p. 1179, § 26.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1990, this Code section, which was enacted as Code Section 40-2-75.4, was renumbered as Code Section 40-2-85, and references to Code Sections 40-2-80 and 40-2-31 were substituted for references to Code Sections 40-2-76 and 40-2-29, respectively, in subsections (d) and (e).

Administrative Rules and Regulations. - Survivor of Pearl Harbor license plate, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Issuance of Special Prestige License Plates, § 560-10-22-.06.

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

40-2-85.1. Special and distinctive license plates for certain veterans.

1. For purposes of this Code section, the term:
   1. "Military medal award" means the following medals, decorations, or other recognition of honor for military service awarded by a branch of the United States military:
      1. Medal of Honor;
      2. Bronze Star Medal;
      3. Silver Star Medal;
      4. Distinguished Service Cross;
      5. Navy Cross;
      6. Air Force Cross;
      7. Defense Distinguished Service Medal;
      8. Homeland Security Distinguished Service Medal;
      9. Distinguished Service Medal;
      10. Navy Distinguished Service Medal;
      11. Air Force Distinguished Service Medal;
      12. Coast Guard Distinguished Service Medal;
      13. Defense Superior Service Medal;
      14. Legion of Merit;
      15. Distinguished Flying Cross;
      16. Purple Heart;
      17. Air Medal;
      18. Soldier's Medal; and
      19. Meritorious Service Medal.
   2. "Served during active military combat" means active duty service in World War I, World War II, the Korean War, the Vietnam War, Operation Desert Storm, the Global War on Terrorism as defined by Presidential Executive Order 13289, Section 2, the war in Afghanistan, or the war in Iraq, which includes either Operation Iraqi Freedom or Operation Enduring Freedom.
   3. "Veteran" means a former member of the armed forces of the United States who is discharged from the armed forces under conditions other than dishonorable.
   4. "Woman veteran" and "women veterans" means former members of the armed forces of the United States who are female and discharged from the armed forces under conditions other than dishonorable.
2. 1. Motor vehicle and trailer owners who are veterans or women veterans, who have received a military medal award, or who served during active military combat shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, motorcycles, 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. 1. Motor vehicle and trailer owners who are veterans or women veterans, who have received a military medal award, or who served during active military combat shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a veteran's license plate, a woman veteran's license plate, a military medal award recipient license plate, or a commemorative service license plate for service during active military combat. One such license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee.
      2. Each member or former member of the armed forces of the United States listed in this subsection 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, and such 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.
3. The commissioner shall design a veteran's license plate, a woman veteran's license plate, a military medal award recipient license plate, and a license plate to commemorate service with the United States armed forces during active military combat. 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, trucks, and trailers before issuing such 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 (e) of this Code section, such plates shall be nontransferable.
4. The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars, motorcycles, trucks, recreational vehicles, and trailers 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 who are veterans, who are recipients of a military medal award, or who served during active military combat and shall additionally identify distinctly the owner as a current or former member of one of the following branches of the armed forces of the United States: Army, Navy, Marines, Air Force, or Coast Guard.
5. 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 or of a deceased person who received a military medal award or who served during active military combat 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 person, 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 person's death or acquired thereafter, so long as such surviving spouse does not remarry.

   (e.1) The spouse of any person eligible to be issued a special license plate under this Code section shall also be eligible for such license plate, provided that no motor vehicle is registered in the name of the eligible person and all other requirements relating to registration and licensing relative to motor vehicles as prescribed in Article 2 of this chapter have been satisfied.

6. Special license plates issued under this Code section, except as provided in subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual registration fee. (Code 1981, § 40-2-85.1 , enacted by Ga. L. 1991, p. 1036, § 1; Ga. L. 1992, p. 779, § 15; Ga. L. 1992, p. 2785, § 1.1; Ga. L. 1994, p. 413, § 4; Ga. L. 1994, p. 564, § 3; Ga. L. 1997, p. 419, § 31; Ga. L. 1998, p. 1179, § 27; Ga. L. 2001, p. 479, § 1; Ga. L. 2007, p. 668, § 2/SB 81; Ga. L. 2012, p. 155, § 5/HB 732; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2013, p. 265, § 2/SB 121; Ga. L. 2015, p. 816, § 3/HB 48; Ga. L. 2016, p. 79, § 1/HB 736; Ga. L. 2020, p. 639, § 1/SB 336.)

The 2016 amendment, effective April 26, 2016, in subsection (a), deleted "and" at the end of subparagraph (a)(1)(P), added "; and" at end of subparagraph (a)(1)(Q), and added subparagraph (a)(1)(R); added paragraph (a)(4); in paragraph (b)(1), in the first sentence, substituted "veterans or women veterans," for "veterans of the armed forces of the United States, or", and deleted "persons" following "military medal award,"; in subparagraph (b)(2)(A), in the first sentence, inserted "women veterans, who" near the beginning, inserted a comma following "military medal award", and inserted "who" near the middle, and inserted "a woman veteran's license plate, a" in the middle; in subparagraph (b)(2)(B), inserted "of the United States" near the beginning of the first sentence, and substituted "$25.00, and such fee" for "$25.00 which fee" in the last sentence; in subsection (c), inserted "a woman veteran's license plate," in the first sentence, and substituted "issuing such license plates" for "issuing these license plates" in the second sentence; in subsection (d), inserted "recreational vehicles," in the first sentence, in the second sentence, substituted "owners who are veterans, who are recipients of a military medal award, or who" for "owners as veterans of the armed forces of the United States, recipients of a military medal award, or persons who", in the middle, substituted "current or former member" for "veteran", and inserted "of the United States" near the end; in subsection (e), in the second sentence, deleted "of the armed forces of the United States" following "deceased veteran" near the beginning, substituted "such person," for "such veteran" in the middle, substituted "person's death" for "veteran's death", and substituted "surviving spouse" for "person" near the end; and added subsection (e.1).

The 2020 amendment, effective August 4, 2020, deleted "and" at the end of subparagraph (a)(1)(Q), substituted "; and" for the period at the end of subparagraph (a)(1)(R), and added subparagraph (a)(1)(S).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1994, "in subsection (a) of this Code section" was substituted for "above" in the first sentence in subsection (b).

Pursuant to Code Section 28-9-5, in 2012, "subsection (e)" was substituted for "subsection (d)" in the last sentence of subsection (c) and "subparagraph (b)(2)(A)" was substituted for "subparagraph (a)(2)(A)" in the first sentence of subsection (f).

Administrative Rules and Regulations. - Veteran license plates, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Issuance of Special Prestige License Plates, § 560-10-22-.08.

40-2-85.2. Veterans of the Chosin Reservoir Campaign of 1950.

1. 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.
2. 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.
3. 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.
4. 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.
5. Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31 , without payment of an additional $25.00 annual registration fee. Special license plates issued under this Code section shall be transferred between vehicles as provided in Code Section 40-2-80 . (Code 1981, § 40-2-85.2 , enacted by Ga. L. 1998, p. 1179, § 27A; Ga. L. 2007, p. 668, § 3/SB 81.)

40-2-85.3. Gold Star license plates.

1. Special license plates honoring the family members of service members who have been killed in action while serving in the armed forces of the United States shall be issued in this state. The license plate shall be officially designated as the Gold Star license plate.
2. The commissioner, in cooperation with supporters of this license plate, shall design a special license plate for the family members of service members who have been killed in action while serving in the armed forces of the United States. The 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 an amount to be determined by the commissioner. The license plate shall bear in a conspicuous place a gold star with blue fringe on a white background with a red border. This is the symbol for a fallen service member. In the indented area normally used for the county of residence decal, the words "Gold Star Family" shall be displayed.
3. Notwithstanding the provisions of subsections (a) and (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.
4. Any motor vehicle owner who is a resident of Georgia, other than one registering under the International Registration Plan, upon complying with state laws relating to registration and licensing of motor vehicles 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 all ad valorem taxes and other fees due at registration of a motor vehicle, an eligible family member may apply for a Gold Star license plate. In order to qualify as an eligible family member for purposes of this Code section, the person must be related to the fallen service member as a spouse, mother, father, sibling, child, stepparent, or surviving spouse of such service member's sibling. Up to two free license plates shall be allowed for any eligible family member and they may purchase additional license plates for each motor vehicle they register in this state. If a Gold Star license plate is lost, damaged, or stolen, the eligible family member must pay the reasonable cost, to be established by the department, but not to exceed the cost of other specialty license plates, to replace the Gold Star license plate.
5. Whether a service member is deemed to have been killed in action shall be determined by the classification of death as listed by the United States Department of Defense and may be verified from documentation directly from the Department of Defense.
6. Free Gold Star license plates shall be issued only to eligible family members who resided in Georgia at the time of the death of the service member. However, an eligible family member who was not a resident of Georgia at the time of the death of the service member may purchase a Gold Star license plate, at a cost to be established by the department, not to exceed the cost of other specialty license plates.
7. Renewal decals shall be issued at no cost to any person that received a free license plate under the provisions of this Code section upon the payment of ad valorem taxes and other registration fees, provided that the renewal is applied for on or within 30 days prior to the renewal date of the eligible person. If the eligible person fails to renew within such time, he or she shall pay a standard renewal fee and be subject to the standard penalties for late payment of ad valorem taxes due on the motor vehicle.
8. An eligible family member may request a Gold Star license plate at any time during his or her registration period. If such a license plate is to replace a current valid license plate, the license plate shall be issued with appropriate renewal decals attached.
9. License plates issued pursuant to this Code section shall not be transferred between vehicles as provided in Code Section 40-2-42, unless the transfer is to another motor vehicle owned by the eligible family member.
10. Gold Star license plates shall be issued within 30 days of application.
11. The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section. (Code 1981, § 40-2-86.18 , enacted by Ga. L. 2006, p. 741, § 1/SB 523; Code 1981, § 40-2-85.3 , as redesignated by Ga. L. 2010, p. 9, § 1-76; Ga. L. 2010, p. 141, § 1; Ga. L. 2015, p. 816, § 4/HB 48; Ga. L. 2018, p. 159, § 1/HB 287.)

Cross references. - Exemption from ad valorem taxation for state, county, municipal, and school purposes of homesteads of unremarried surviving spouses of U.S. service members killed in action, § 48-5-52.1 .

The 2018 amendment, effective July 1, 2018, in subsection (d), inserted a comma following "motor vehicle" in the third sentence, substituted "stepparent" for "step-parent" in the fourth sentence, substituted "Up to two free license plates shall be allowed for any eligible family member" for "One free license plate shall be allowed for the spouse, mother, and father," in the fifth sentence, deleted the former sixth and seventh sentences, which read: "Siblings, children, step-parents, or surviving spouses of siblings of service members may purchase Gold Star license plates for motor vehicles registered in this state. The cost of a Gold Star license plate shall be established by the department, but shall not exceed the cost of other specialty license plates."; and, in subsection (f), substituted "Free Gold Star license plates shall be issued only to eligible family members" for "A free Gold Star license plate shall be issued only to the spouse, mother, and father of service members" in the first sentence, and deleted ", except for nonresident siblings or surviving spouses of such nonresident siblings," following "family member" in the second sentence.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2006, Code Section 40-2-86.18, as enacted by Ga. L. 2006, p. 801, § 1/SB 539, was redesignated as Code Section 40-2-86.19; Code Section 40-2-86.18 as enacted by Ga. L. 2006, p. 803, § 1/SB 538, was redesignated as Code Section 40-2-86.20; and Code Section 40-2-86.18 as enacted by Ga. L. 2006, p. 1094, § 12/HB 1053, was redesignated as Code Section 40-2-86.21.

The amendment of subsection (a) of this Code section by Ga. L. 2010, p. 9, § 1-76/HB 1055, irreconcilably conflicted with and was treated as superseded by Ga. L. 2010, p. 141, § 1. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).

Pursuant to Code Section 28-9-5, in 2018, "stepparent" was substituted for "stepparrent" in subsection (d).

40-2-85.4. United States Army Ranger license plates; fees; transfer.

1. Motor vehicle and trailer owners who are designated to United States Army Ranger units, past or present, or are graduates of the United States Army Ranger School shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, motorcycles, 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 person 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.
3. 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 commissioner shall include a special design to identify the owner as a United States Army Ranger.
4. The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80 . (Code 1981, § 40-2-85.4 , enacted by Ga. L. 2020, p. 639, § 2/SB 336.)

Effective date. - This Code section became effective August 4, 2020.

40-2-86. Special license plates promoting or supporting certain worthy agencies, funds, or nonprofit corporations with proceeds disbursed to the general fund and the agency, fund, or nonprofit corporation.

1. 1. As used in this Code section, except as otherwise provided in subsection (n) of this Code section, the term:
      1. "Manufacturing fee" means a $25.00 fee paid at the time a special license plate is issued.
      2. "Special license plate fee" means a $35.00 fee paid at the time a special license plate is issued.
      3. "Special license plate renewal fee" means a $35.00 fee paid at the time a revalidation decal is issued for a special license plate.
   2. In accordance with Article III, Section IX, Paragraph VI(n) of the Constitution, the General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state.
2. The agency, fund, or nonprofit corporation sponsoring the special license plate, in cooperation with the commissioner, shall design special distinctive license plates appropriate to promote the program benefited by the sale of the special license plate. The special license plates shall include a design to be of the same size as general issue motor vehicle license plates and a design to be of the same size as motorcycle license plates. Such special license plates shall also include a unique design and identifying number, whereby the total number of characters does not exceed an amount to be determined by the commissioner. If so specified in the design description contained in this Code section for any special license plate, such license plate need not contain a place for the county name decal as required by Code Section 40-2-9. No two recipients shall receive identically numbered plates. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested.
3. Notwithstanding the provisions of subsection (b) of this Code section, no special license plate shall be produced 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 produce the special license plate. The design of the initial edition of any 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.
4. 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 the appropriate fees in addition to the regular motor vehicle registration fee shall be able to apply for a special license plate listed in this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates.
5. Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation shall provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized shall be the same as those specified in this Code section authorizing the dedication to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. Any agency, fund, or nonprofit corporation which receives funds under subsection (n) of this Code section shall submit annually to the members of the Senate Natural Resources and the Environment Committee, the House Committee on Game, Fish, and Parks, the House Committee on Appropriations, and the Senate Appropriations Committee, and to the commissioner of natural resources a detailed audit containing the disposition and expenditure of all funds received pursuant to such subsection. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved.
6. An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate shall be issued with appropriate decals attached upon payment of the manufacturing fee and the special license plate renewal fee.
7. On or after July 1, 2010, no special license plate authorized pursuant to subsections (l), (m), and (n) of this Code section shall be issued except upon the receipt by the department of at least 1,000 prepaid applications along with the manufacturing fees. The special license plate shall have an application period of two years after the date on which the application period becomes effective for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fees, and all fees shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications along with the manufacturing fees, the sponsor shall not be entitled to a refund.
8. The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of the special license plate renewal fee 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. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 prepaid applications accompanied by the manufacturing fees to continue to manufacture the special license plate.
9. Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80.
10. Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met.
11. The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section.
12. 1. The General Assembly has determined that special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated. The special license plates listed in this subsection shall be subject to a manufacturing fee, a special license plate fee, and a special license plate renewal fee. The revenue disbursement for the special license plates listed in this subsection shall be as follows:
       1. Manufacturing fee - $25.00 of which $24.00 is to be deposited into the general fund and $1.00 to be paid to the local county tag agent;
       2. Special license plate fee - $35.00 of which $25.00 is to be deposited into the general fund and $10.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution; and
       3. Special license plate renewal fee - $35.00 of which $25.00 is to be deposited into the general fund and $10.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution.
    2. Reserved.
    3. Reserved.
    4. Reserved.
    5. Special license plates promoting the conservation of wildflowers within this state. The funds raised by the sale of these special license plates shall be disbursed 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 and Article III, Section IX, Paragraph VI(l) of the Constitution of the State of Georgia.
    6. Reserved.
    7. Special license plates to honor Georgia educators. The funds raised by the sale of these special license plates shall be disbursed to a charitable foundation designated by the State School Superintendent and used to fund educational programs, grants to teachers, and scholarships. 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.
    8. 1. The commissioner in cooperation with a college or university may design a special license plate to be issued commemorating that 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 on the license plate along with 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.
       2. Any college or university that enters into an agreement with the commissioner pursuant to this paragraph shall waive any royalty fees to which it might otherwise be entitled for use of its seal, symbol, emblem, or logotype as provided in this paragraph.
       3. Each college or university located in Georgia that enters into an agreement with the commissioner pursuant to this paragraph shall designate a charitable foundation which shall annually receive an allocation from the special license plate and special license plate renewal fees collected as provided in paragraph (1) of this subsection. Special license plates issued under this paragraph shall be transferred between vehicles as provided in Code Section 40-2-42.
       4. The funds allocated for colleges and universities located in Georgia shall be delivered by the department to the charitable foundation designated by the particular college or university to support needs based, academic, financial aid scholarships for eligible undergraduate students enrolled in the college or university. The funds otherwise allocated for colleges and universities located outside the State of Georgia shall be placed into the general fund.
       5. Each college or university shall review and approve plans for the implementation of these scholarship programs by the applicable charitable foundation. These plans shall include, but need not be limited to, criteria for the awarding of the scholarships and procedures for determining the recipients.
    9. A special license plate for the Georgia Center for the Book to support the purchase of books for public libraries in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Center for the Book.
    10. A special license plate for Children's Healthcare of Atlanta to support the work this pediatric hospital system does in the State of Georgia. The funds raised by the sale of this special license plate shall be disbursed to Children's Healthcare of Atlanta.
    11. A special license plate for the Georgia War Veterans Nursing Home to support the implementation and operation of the Georgia War Veterans Nursing Home. The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use in operating the Georgia War Veterans Nursing Home.
    12. A special license plate for the Georgia Automobile Racing Hall of Fame Association to promote the Georgia Automobile Racing Hall of Fame Association, which is devoted to preserving the history of automobile racing in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Automobile Racing Hall of Fame Association.
    13. A special license plate for the Alzheimer's Association, Georgia Chapter, to help eliminate Alzheimer's disease through the advancement of research and to enhance care and support for individuals, their families, and caregivers. The funds raised by the sale of this special license plate shall be disbursed to the Alzheimer's Association, Georgia Chapter.
    14. A special license plate for the school health and physical education program to help fund school health and physical education programs. The funds raised by the sale of this special license plate shall be disbursed to the Department of Education.
    15. A special license plate for stroke awareness, treatment, and prevention to support programs aiding stroke victims in Georgia. Such license plate shall not include a space for a county name decal but shall instead bear the legend "Stroke Awareness" in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Center for Telehealth of the Georgia Health Sciences University.
    16. A special license plate for Project Lifesaver promoting the establishment of a Project Lifesaver or similar type of program by local law enforcement agencies. Project Lifesaver's mission is to use state of the art technology in assisting those who care for victims of Alzheimer's disease and other related mental dysfunction disorders and victims who become lost. The funds raised by the sale of this special license plate shall be disbursed to the Department of Public Safety or a nonprofit corporation organized exclusively for the purpose of establishing a Project Lifesaver or similar type of program by local law enforcement agencies.
    17. A special license plate for pediatric cancer to raise funds to support the treatment of pediatric cancer. Such license plate shall not include a space for a county name decal but shall instead bear the legend "Cure Kids' Cancer" in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Health to be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund pediatric cancer screening and treatment related programs for those children who are medically indigent and may have cancer.
    18. A special license plate for the child care industry to promote the child care industry by encouraging higher educational standards and providing for professional camaraderie for child care providers. Such license plate shall not include a space for a county name decal but shall instead bear the legend "Support Improved Child Care" in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Minority Alliance for Child Care Development Advocates, Inc., for the development of programs to help improve child care.
    19. A special license plate to display the motto, "In God We Trust." The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs.
    20. A special license plate for child abuse prevention. Such license plate shall not include a space for a county name decal but shall instead bear the legend "Prevent Child Abuse" in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Foster Family Foundation of Georgia for the development of programs to help victims of child abuse.
    21. A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Services to address the key needs of the state's older population or a nonprofit corporation organized to serve the needs of the state's older population.
    22. A special license plate for pediatric cancer research. The funds raised by the sale of this special license plate shall be disbursed to the Joanna McAfee Childhood Cancer Foundation for support of pediatric cancer research. The design of the special license plate provided for in this paragraph shall include the words "Joanna McAfee Childhood Cancer Foundation" horizontally across the bottom of the plate in lieu of the county name.
    23. A special license plate for supporting beautification projects in Cobb County. The funds raised by the sale of this special license plate shall be disbursed to Keep Cobb Beautiful, Inc., for support of beautification projects in Cobb County.
    24. A special license plate for AID Atlanta. The funds raised by the sale of this special license plate shall be disbursed to AID Atlanta which is committed to providing people living with HIV the information and support they need to live healthy and productive lives.
    25. A special license endorsing "Support Our Troops." The funds raised by the sale of this special license plate shall be disbursed to the Georgia National Guard Family Support Foundation, Incorporated.
    26. A special license plate for the Sons of Confederate Veterans. The funds raised by the sale of this special license plate shall be disbursed to Georgia Sons of Confederate Veterans.
    27. A special license plate for amyotrophic lateral sclerosis (ALS), also known as "Lou Gehrig's disease," to support research and education on amyotrophic lateral sclerosis. The funds raised by the sale of this special license plate shall be disbursed to the ALS Association of Georgia.
    28. A special license plate for foster parents to support programs for foster parents in Georgia. The funds raised by the sale of this special license plate shall be disbursed to The Adoptive and Foster Parent Association of Georgia, Inc., for support of foster parents in Georgia.
    29. A special license plate for the Atlanta Braves Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated.
    30. A special license plate for the Atlanta Falcons Youth Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Atlanta Falcons Youth Foundation. Such license plate shall not include a space for a county name decal but shall instead bear the legend "Atlanta Falcons" in lieu of the name of the county of issuance.
    31. A special license plate for supporting beautification projects in Georgia. The funds raised by the sale of this special license plate shall be disbursed to Keep Georgia Beautiful Foundation, Inc., for support of beautification projects in Georgia.
    32. A special license plate displaying the logo of Choose Life, Inc. The words "Choose Life" must appear at the bottom. The funds raised by the sale of this special license plate shall be disbursed to Choose Life of Georgia, Inc., to be distributed among nonprofit corporations in Georgia that counsel women to consider adoption.
    33. A special license plate supporting education on the maritime history of Georgia's coast. The funds raised by the sale of this special license plate shall be disbursed to The Georgia Maritime Foundation, Inc., for use in programs supporting education on the maritime history of Georgia.
    34. A special license plate supporting programs for persons with brain related disorders and disabilities. The funds raised by the sale of this special license plate shall be disbursed to Pilot International for support of programs for persons with brain related disorders in Georgia.
    35. A special license plate supporting agriculture in Georgia. The funds raised by the sale of this special license plate shall be evenly split between Georgia 4-H and the Georgia Association of Future Farmers of America to fund projects promoting agriculture in Georgia.
    36. A special license plate promoting the Georgia equine industry. The funds raised by the sale of this special license plate shall be disbursed to the Agricultural Commodity Commission for Equines.
    37. A special license plate promoting African American history and tourism in Georgia. The funds raised by the sale of this special license plate shall be disbursed to organizations dedicated to the preservation of African American history in Georgia.
    38. A special license plate honoring veterans who have been awarded the Bronze Star. The funds raised by the sale of this special license plate shall be disbursed to the National Guard Family Foundation.
    39. A special license plate promoting the arts in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Council for the Arts.
    40. A special license plate supporting programs for the treatment of autism. The funds raised by the sale of this special license plate shall be disbursed to the Department of Behavioral Health and Developmental Disabilities for the support of programs for the treatment of autism in Georgia.
    41. A special license plate honoring the work of The Garden Club of Georgia, Inc. The funds raised by the sale of this special license plate shall be disbursed to The Garden Club of Georgia, Inc., and used to fund scholarships that are awarded by the club.
    42. A special license plate promoting the Georgia Junior Golf Foundation. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Junior Golf Foundation.
    43. A special license plate commemorating 100 years of scouting in the United States. The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs.
    44. A special license plate supporting Cobb County Public Schools. The funds raised by the sale of this special license plate shall be disbursed to the Cobb County Public Schools Educational Foundation and used to fund educational programs, grants to teachers, and scholarships in the Cobb County Public School System.
    45. A special license plate supporting the Georgia Sea Turtle Center. The funds raised by the sale of this special license plate shall be charged and disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and used to fund nongame wildlife conservation and education programs. The design of the license plate provided for in this paragraph shall include the words "Jekyll Island - Georgia's Jewel" horizontally across the bottom of the plate in lieu of the county name, with a diamond jewel symbol in place of the dash.
    46. A special license plate commemorating and supporting the sport of soccer in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Soccer Association, Inc., for the development and promotion of soccer programs in the State of Georgia. Such license plate shall not include a space for a county decal but shall instead bear the legend "gasoccer.org".
    47. Reserved.
    48. A special license plate for Zoo Atlanta to support its mission to inspire the citizens of Atlanta and Georgia and all visitors to the zoo to value wildlife on Earth; to help safeguard existing species through conservation by providing for an informative, educational, and engaging experience to all visitors; to carry out the responsible stewardship of the animals and the zoo facility; and to engage in related conservation activities and research. The funds raised by the sale of this special plate shall be disbursed to the Atlanta-Fulton County Zoo, Inc. Such license plate shall not include a space for a county name decal but shall instead bear the legend "Protect Wildlife" in lieu of the name of the county of issuance.
    49. A special license plate supporting the Appalachian Trail. The funds raised by the sale of this special license plate shall be disbursed to the Appalachian Trail Conservancy and used to protect, maintain, and conserve the Georgia portion of the Appalachian Trail and connecting trails, and to promote awareness of wilderness, hiking, and back country recreation. Such license plate shall not include a space for a county name decal but shall instead bear the legend "www.appalachiantrail.org".
    50. A special license plate supporting the Atlanta Braves Foundation. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Atlanta Braves Foundation and used in the foundation's philanthropic activities and charitable sponsorships. Such license plate shall not include a space for a county name decal but shall instead bear the legend "Go Braves."
    51. A special license plate for the Grady Health Foundation to support and improve the quality of health care services. The funds raised by the sale of this special license plate shall be disbursed to the Grady Health Foundation.
    52. A special license plate honoring the Omega Psi Phi Fraternity, Inc. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Omega Psi Phi Foundation.
    53. A special license plate honoring Hampton University. The funds raised by the sale of this special license plate shall be disbursed to the Hampton University Atlanta Chapter Alumni Association.
    54. A special license plate honoring Zeta Phi Beta Sorority, Inc. The funds raised by the sale of this special license plate shall be disbursed to the Zeta National Education Foundation, Inc.
    55. A special license plate honoring Georgia law enforcement officers, with the words "Back the Badge" to be displayed across the bottom. The funds raised by the sale of this special license plate shall be disbursed to the Peace Officers' Annuity and Benefit Fund.
    56. A special license plate honoring the Georgia electric utility linemen, with the words "Thank a Lineman" to be displayed across the bottom. The funds raised by the sale of this special license plate shall be disbursed to the Southeastern Firefighters Burn Foundation.
    57. A special license plate honoring Georgia Masonic Charities Foundation. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Masonic Charities Foundation, Inc.
    58. A special license plate supporting the Georgia Alliance of Boys & Girls Clubs, Inc. The funds raised by the sale of this special license plate shall be disbursed as provided for in paragraph (1) of this subsection to the Georgia Alliance of Boys & Girls Clubs, Inc.
    59. A special license plate promoting autism awareness. The funds raised by the sale of this special license plate shall be disbursed to the Autism Alliance of Georgia. Such special license plate shall include the phrase "Autism Awareness" in lieu of the name of the county of issuance.
    60. A special license plate supporting the Atlanta United Foundation. The funds raised by the sale of this special license plate shall be disbursed as provided for in paragraph (1) of this subsection to the Atlanta United Foundation and used for the foundation's philanthropic activities. Such special license plate shall not include a space for the county name decal but shall instead bear the phrase "Unite & Conquer".
    61. A special license plate honoring Alabama A&M University. The funds raised by the sale of this special license plate shall be disbursed to the Alabama A&M University Alumni Association, Inc., and used to provide scholarships and financial assistance to Georgia residents attending the university. Such special license plate shall include the phrase "Go Bulldogs" in lieu of the county of issuance.
    62. A special license plate honoring Alpha Kappa Alpha Sorority, Inc. The funds raised by the sale of this special license plate shall be disbursed to the Ivy Community Foundation, Inc., of Alpha Kappa Alpha Sorority, Inc.
    63. A special license plate honoring Tuskegee University. The funds raised by the sale of this special license plate shall be disbursed to the Atlanta Tuskegee Alumni Club, Inc.
    64. A special license plate honoring the Georgia Tennis Foundation, with the words "Play Tennis!" to be displayed across the bottom. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Tennis Foundation.
    65. A special license plate honoring the Georgia Council on Substance Abuse, Inc., and the Georgia Mental Health Consumer Network, Inc. The funds raised by the sale of this special license plate shall be disbursed equally to the Georgia Council on Substance Abuse, Inc., and the Georgia Mental Health Consumer Network, Inc. Such license plate shall not include a space for a county name decal but shall instead bear the legend "Georgia Recovers" in lieu of the name of the county of issuance.
13. 1. The General Assembly has determined that the following special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated. The special license plates listed in this subsection shall be subject to a manufacturing fee, a special license plate fee, and a special license plate renewal fee. The revenue disbursement for the special license plates listed in this subsection shall be as follows:
       1. Manufacturing fee - $25.00 of which $24.00 is to be deposited into the general fund and $1.00 to be paid to the local county tag agent;
       2. Special license plate fee - $35.00 of which $13.00 is to be deposited into the general fund and $22.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation; and
       3. Special license plate renewal fee - $35.00 of which $13.00 is to be deposited into the general fund and $22.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation.
    2. A special license plate promoting the United States Disabled Athletes Fund, for the support of disabled athletes. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the United States Disabled Athletes Fund.
    3. A special license plate commemorating Civil War battlefields and historic sites. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Civil War Commission for the acquisition of Civil War battlefields and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Article 5 of Chapter 7 of Title 50.
    4. A special license plate promoting historic preservation efforts. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Community Affairs to fund historic preservation programs in the state through the Georgia historic preservation grant program as otherwise authorized by law.
    5. A special license plate promoting bicycle safety. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety.
    6. A special license plate honoring families with a member serving in the military. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation.
    7. A special license plate promoting "Support Georgia Troops." The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation.
    8. A special license plate promoting NASCAR. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $35.00 special license plate renewal fee charged for the issuance and renewal of the NASCAR license plates authorized under this paragraph, $10.25 shall be used by the department for purchasing plates from the supplier of the plates, as designated by NASCAR, and royalty costs, $10.00 shall be deposited in the general fund, and $14.75 shall be disbursed to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety.
    9. A special license plate to support breast cancer related programs for the medically indigent. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $35.00 special license plate fee or special license plate renewal fee charged for the issuance and renewal of breast cancer license plates authorized under this paragraph, $12.95 shall be deposited in the general fund and $22.05 shall be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund cancer screening and treatment related to 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. Such design 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.
    10. A special license plate to support prostate cancer related awareness and research programs. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $35.00 special license plate fee or special license plate renewal fee charged for the issuance and renewal of prostate cancer license plates authorized under this paragraph, $13.00 shall be deposited in the general fund and $22.00 shall be disbursed to the Georgia Prostate Cancer Coalition to fund prostate cancer awareness, research, screening, and treatment related programs.
    11. A special license plate to support lung cancer related awareness and research programs. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Joan Gaeta Lung Cancer Fund to fund lung cancer awareness, screening, research, and treatment related programs.
    12. A special license plate to support Georgia nurses and charitable and philanthropic efforts to support, advance, and promote the nursing profession. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Georgia Nurses Foundation of the Georgia Nurses Association for carrying out such programs and purposes.
    13. A special license plate to support the law enforcement division of the Department of Natural Resources in its protection of wildlife and natural and cultural resources of this state, enforcement of boating, litter, and waste laws, teaching of hunter and boater education classes, and provision of other public safety services to the citizens of this state. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Natural Resources for use by the law enforcement division for the purposes provided for in this paragraph.
    14. A special license plate promoting the conservation and protection of the official insect of this state, the honey bee. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Beekeepers Association and shall be used to increase public awareness of the importance of the conservation of the honey bee and for funding and supporting numerous association programs, including but not limited to the training and education of both new and experienced beekeepers, prison beekeeper programs, grants to beekeeping related nonprofit corporations, beekeeping research facilities in this state, and projects that encourage public support for the license plate and the activities it funds. Such special license plate shall include the phrase "Save the Honey Bee" in lieu of the county of issuance.
    15. A special license plate honoring Georgia's working forests and the benefits they provide to Georgians, with the words "#1 in Forestry" to be displayed across the bottom. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Georgia Forestry Foundation.
    16. A special license plate to support the Sickle Cell Foundation of Georgia, Inc. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Sickle Cell Foundation of Georgia, Inc.
14. 1. The General Assembly recognizes that Code Section 12-3-600 mandates that the best interests of the state are served by providing for the conservation of nongame species of wildlife and has determined that the following special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated. The special license plates listed in this subsection shall be subject to a special license plate fee and a special license plate renewal fee. The revenue disbursement for the special license plates listed in this subsection shall be as follows:
       1. Special license plate fee - $25.00 of which $5.00 is to be deposited into the general fund, $1.00 is to be paid to the local county tag agent, and $19.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation; and
       2. Special license plate renewal fee - $25.00 of which $5.00 is to be deposited into the general fund and $20.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation.
    2. A special license plate promoting the Nongame-Endangered Wildlife Program of the Department of Natural Resources. The funds raised by the sale of this special license plate shall be disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund of the Department of Natural Resources for the purposes enumerated in subsection (b) of Code Section 12-3-602 . Such license plate shall not include a space for a county name decal but shall instead bear the legend "Give Wildlife a Chance" in lieu of the name of the county of issuance.
    3. A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs.
    4. A special license plate supporting the Bobwhite Quail Restoration Initiative. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources 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. Such license plate shall not include a space for a county decal but shall instead bear the legend "Support Wildlife" in lieu of the name of the county of issuance.
    5. A special license plate promoting marine habitat conservation, restoration, and enhancement. The funds raised by the sale of this special license plate shall be disbursed to the Coastal Resources Division of the Department of Natural Resources to supplement marine habitat conservation, restoration, and enhancement projects undertaken to increase the abundance of marine fish and invertebrate species.
    6. A special license plate promoting a dog and cat reproductive sterilization program for a nonprofit corporation. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Pet Foundation to be used for dog and cat reproductive sterilization, including, but not limited to, grants to nonprofit corporations and vouchers for discounted veterinary sterilization services.
    7. A special license plate promoting the conservation and enhancement of waterfowl populations and their habitats. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources for the purposes of waterfowl habitat restoration, waterfowl research, and waterfowl management programs.
    8. A special license plate promoting the dog and cat reproductive sterilization support program of the Department of Agriculture. The funds raised by the sale of this special license plate shall be disbursed to the Department of Agriculture and shall be deposited in the special fund for support of the dog and cat reproductive sterilization support program created by Code Section 4-15-1 and Article III, Section IX, Paragraph VI(m) of the Constitution of the State of Georgia.
    9. A special license plate for the Georgia Aquarium to support its mission as an entertaining, educational, and scientific institution and to promote the conservation of aquatic biodiversity throughout the world. The funds raised by the sale of this special plate shall be disbursed to Georgia Aquarium, Inc. Such license plate shall not include a space for a county name decal but shall instead bear the legend "Georgia Aquarium" in lieu of the name of the county of issuance. (Code 1981, § 40-2-86 .21, enacted by Ga. L. 2006, p. 1094, § 12/HB 1053; Ga. L. 2007, p. 47, § 40/SB 103; Ga. L. 2007, p. 668, §§ 4-6/SB 81; Ga. L. 2008, p. 832, §§ 2, 3/HB 1220; Ga. L. 2008, p. 1191, § 1/HB 963; Ga. L. 2009, p. 453, § 2-18/HB 228; Ga. L. 2009, p. 833, § 1/HB 639; Code 1981, § 40-2-86 , as redesignated by Ga. L. 2010, p. 9, § 1-77/HB 1055; Ga. L. 2010, p. 143, § 4.1/HB 1005; Ga. L. 2011, p. 752, § 40/HB 142; Ga. L. 2012, p. 155, § 6/HB 732; Ga. L. 2013, p. 265, § 3/SB 121; Ga. L. 2014, p. 74, §§ 1-3/HB 881; Ga. L. 2015, p. 816, § 5/HB 48; Ga. L. 2016, p. 79, § 2/HB 736; Ga. L. 2016, p. 864, § 40/HB 737; Ga. L. 2017, p. 681, § 1/SB 169; Ga. L. 2017, p. 696, § 1/HB 260; Ga. L. 2018, p. 305, § 2/HB 671; Ga. L. 2018, p. 311, § 1/HB 784; Ga. L. 2018, p. 715, § 1/HB 815; Ga. L. 2018, p. 908, §§ 2-4/HB 695; Ga. L. 2019, p. 486, § 3/SB 227; Ga. L. 2019, p. 647, § 1/SB 8; Ga. L. 2019, p. 891, § 1/HB 339; Ga. L. 2019, p. 908, § 2/SB 138; Ga. L. 2019, p. 911, § 1/SB 137; Ga. L. 2020, p. 38, § 6/SB 473; Ga. L. 2020, p. 639, § 3/SB 336.)

The 2016 amendments. The first 2016 amendment, effective April 26, 2016, added paragraphs (l)(52) through (l)(54); added paragraph (m)(13); and, in subsection (n), inserted a comma after "local county tag agent" in subparagraph (n)(1)(A), in paragraph (n)(2), substituted "A special license plate" for "Special license plates" at the beginning of the first sentence, substituted "this special license plate" for "these special license plates" in the second sentence, and substituted "license plate" for "license plates" near the beginning of the last sentence, and added paragraphs (n)(5) and (n)(6). The second 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in subparagraph (n)(1)(A), and, in paragraph (n)(2), substituted "A special license plate" for "Special license plates" in the first sentence, substituted "this special license plate" for "these special license plates" in the second sentence, and substituted "Such license plate" for "Such license plates" in the third sentence.

The 2017 amendments. The first 2017 amendment, effective July 1, 2017, added paragraph (l)(55). The second 2017 amendment, effective July 1, 2017, added paragraph (l)(55). See the Code Commission note regarding the effect of these amendments.

The 2018 amendments. The first 2018 amendment, effective May 3, 2018, added paragraph (m)(14). The second 2018 amendment, effective July 1, 2019, added paragraph (n)(7). The third 2018 amendment, effective May 7, 2018, added paragraph (l)(57). The fourth 2018 amendment, effective July 1, 2018, substituted the present provisions of paragraph (l)(6) for the former provisions, which read: "Special license plates promoting the dog and cat reproductive sterilization support program of the Georgia Department of Agriculture. The funds raised by the sale of these special license plates shall be disbursed to the Georgia Department of Agriculture and shall be deposited in the special fund for support of the dog and cat reproductive sterilization support program created by Code Section 4-15-1 and Article III, Section IX, Paragraph VI(m) of the Constitution of the State of Georgia.", and added paragraph (n)(7); and, effective July 1, 2019, added paragraph (m)(14). See the Code Commission notes regarding the effect of these amendments.

The 2019 amendments. The first 2019 amendment, effective May 2, 2019, added paragraphs (l)(58) and (l)(59). The second 2019 amendment, effective May 6, 2019, added paragraph (l)(58). The third 2019 amendment, effective May 7, 2019, substituted "Reserved." for the former provisions of paragraph (l)(47), which read: "A special license plate for the Georgia Aquarium to support its mission as an entertaining, educational, and scientific institution and to promote the conservation of aquatic biodiversity throughout the world. The funds raised by the sale of this special plate shall be disbursed to Georgia Aquarium, Inc. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Georgia Aquarium' in lieu of the name of the county of issuance."; added paragraphs (l)(58) through (l)(60); and added paragraph (n)(9). The fourth 2019 amendment, effective July 1, 2019, added paragraph (m)(16). The fifth 2019 amendment, effective May 7, 2019, added paragraph (l)(58). See the Code Commission notes regarding the effect of these amendments.

The 2020 amendments. The first 2020 amendment, effective July 1, 2020, substituted "Department of Community Affairs" for "Department of Natural Resources for use by the Historic Preservation Division" in the second sentence of paragraph (m)(4). The second 2020 amendment, effective August 4, 2020, in subsection (b), in the second sentence, substituted "shall include a design to" for "must" and substituted "a design to be of the same size as motorcycle license plates. Such special license plates shall also" for "shall", and added the fourth sentence; and added paragraphs (l)(64) and (l)(65).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2006, Code Section 40-2-86.18, as enacted by Ga. L. 2006, p. 1094, § 12/HB 1053, was redesignated as Code Section 40-2-86.

The enactment of this Code section by Ga. L. 2006, p. 1092, § 1, irreconcilably conflicted with and was treated as superseded by Ga. L. 2006, p. 1094, § 12/HB 1053. See County of Butts v. Strahan, 151 Ga. 417 (1920).

The amendment of this Code section by Ga. L. 2007, p. 47, § 40/SB 103, irreconcilably conflicted with and was treated as superseded by Ga. L. 2007, p. 668, §§ 4-6/SB 81. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Pursuant to Code Section 28-9-5, in 2010, paragraph (o)(41), as enacted by Ga. L. 2010, p. 143, § 4.1/HB 1005, was redesignated as paragraph (l)(48).

Pursuant to Code Section 28-9-5, in 2017, paragraph (l)(55), as added by Ga. L. 2017, p. 696, § 1/HB 260, was redesignated as paragraph (l)(56), and in paragraph (l)(55), "Back the Badge" was substituted for "back the badge".

Pursuant to Code Section 28-9-5, in 2018, paragraph (m)(14), as enacted by Ga. L. 2018, p. 908, § 3/HB 695, and paragraph (n)(7), as enacted by Ga. L. 2018, p. 908, § 4/HB 695, were redesignated as paragraphs (m)(15) and (n)(8), respectively.

Pursuant to Code Section 28-9-5, in 2019, paragraph (l)(58), as enacted by Ga. L. 2019, p. 647, § 1/SB 8, was redesignated as paragraph (l)(60); paragraphs (l)(58) and (l)(60), as enacted by Ga. L. 2019, p. 891, § 1/HB 339, were redesignated as paragraphs (l)(61) and (l)(62), respectively; and, paragraph (l)(58), as enacted by Ga. L. 2019, p. 911, § 1/SB 137, was redesignated as paragraph (l)(63). Furthermore, Ga. L. 2019, p. 486, § 3/SB 227 and Ga. L. 2019, p. 891, § 1/HB 339 both enacted identical provisions on Autism Alliance license plates which have been set out as paragraph (l)(59).

Editor's notes. - Ga. L. 2006, p. 1094, § 13/HB 1053, not codified by the General Assembly, provides the enactment of this Code section became effective January 1, 2007, only upon ratification of a constitutional amendment by the voters at the 2006 general election. The constitutional amendment (Ga. L. 2006, p. 1112) was approved by a majority of the qualified voters voting at the general election held on November 7, 2006.

This Code section formerly pertained to special license plates for emergency medical technicians. The former Code section was based on Code 1981, § 40-2-86 , enacted by Ga. L. 1992, p. 2785, § 1.2; Ga. L. 1997, p. 419, § 32. Ga. L. 2010, p. 9, § 1-75/HB 1055, repealed the reservation of this Code section.

Ga. L. 2016, p. 79, § 3/HB 736, not codified by the General Assembly, provides: "In accordance with the requirements of Article III, Section IX, Paragraph VI(n) of the Constitution of the State of Georgia, Section 2 of this Act amending subsections (l), (m), and (n) of Code Section 40-2-86 of the Official Code of Georgia Annotated shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives." The legislation received the requisite two-thirds' majority vote.

Ga. L. 2017, p. 681, § 2/SB 169, not codified by the General Assembly, provides that: "In accordance with the requirements of Article III, Section IX, Paragraph (VI)(n) of the Constitution of the State of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives." The legislation received the requisite two-thirds' majority vote.

Ga. L. 2017, p. 696, § 2/HB 260, not codified by the General Assembly, provides that: "In accordance with the requirements of Article III, Section IX, Paragraph (VI)(n) of the Constitution of the State of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives." The legislation received the requisite two-thirds' majority vote.

Ga. L. 2019, p. 486, § 3/SB 227, which amended this Code section, purported to add one new paragraph to subsection (l) but actually added two new paragraphs.

Ga. L. 2019, p. 891, § 1/HB 339, which amended this Code section, purported to add two new paragraphs to subsection (l) but actually added three new paragraphs.

40-2-86.1. Special license plates promoting or supporting certain worthy agencies, funds, or nonprofit corporations and qualified motor vehicles or drivers with proceeds deposited into the general fund.

1. The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and, subject to the appropriation process of the General Assembly, appropriating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the license plates listed in subsection (l) of this Code section shall be issued by the department if all of the requirements of subsections (b) through (k) of this Code section have been satisfied.
2. The commissioner, in cooperation with the agency, fund, or nonprofit corporation sponsoring the special license plate, shall design special distinctive license plates intended to promote the program benefited by the sale of the special license plate. The special license plates shall include a design to be of the same size as general issue motor vehicle license plates and a design to be of the same size as motorcycle license plates. Such special license plates shall also include a unique design and identifying number, whereby the total number of characters does not exceed an amount to be determined by the commissioner. If so specified in the design description contained in this Code section for any special license plate, such license plate need not contain a place for the county name decal as required by Code Section 40-2-9. No two recipients shall receive identically numbered plates. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested.
3. Notwithstanding the provisions of subsection (b) of this Code section, no special license plate shall be produced 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 produce the special license plate. The design of the initial edition of any 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.
4. 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 and a special license plate fee of $35.00, in addition to the regular motor vehicle registration fee, shall be able to apply for a special license plate listed in subsection (l) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates, with the addition of a $35.00 special license plate renewal fee, provided that special license plates issued pursuant to paragraph (9) of subsection (l) of this Code section shall be exempt from such special license plate renewal fee.
5. The manufacturing fee, special license plate fee, and special license plate renewal fee derived from the sale of special license plates contained in subsection (l) of this Code section shall be deposited into the general fund. The sponsoring agency, fund, or nonprofit corporation, subject to the appropriation process of the General Assembly, may request that the funds derived from the sale of special license plates be appropriated to the department for disbursement to such agency, fund, or nonprofit corporation.
6. Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsection (l) of this Code section authorizing the potential appropriation to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved.
7. An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate shall be issued with appropriate decals attached, upon the payment of any applicable registration fees, the manufacturing fee, and the special license plate fee.
8. No special license plate authorized pursuant to subsection (l) of this Code section shall be issued except upon the receipt by the department of at least 1,000 prepaid applications along with the manufacturing fee. The special license plate shall have an application period of two years from the date of authorization for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications along with the manufacturing fee, the sponsor shall not be entitled to a refund.
9. The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $35.00 special license plate renewal 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. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 prepaid applications accompanied by the manufacturing fee to continue to manufacture the special license plate.
10. Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80.
11. Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met.
12. 1. The General Assembly has determined that license plates promoting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and the revenue shall be deposited in the general fund, subject to the appropriation process of the General Assembly.
    2. A special license plate identifying persons with diabetes. The main purpose of the special license plate is that law enforcement officers and emergency personnel will be alerted to the potential for special needs before they approach the driver of a vehicle, especially if the vehicle has been involved in an accident. The funds raised by the sale of this special license plate shall be deposited in the general fund.
    3. A special license plate honoring all veterans who have served in the armed services of the United States. All of these men and women have sacrificed a portion of their lives in order to serve their country and protect our freedom. The funds raised by the sale of this special license plate shall be deposited in the general fund.
    4. A special license plate honoring the Georgia Association of Realtors. The Association is being honored for its long-standing support of housing opportunities for all citizens of this state, private property rights, and all organizations that assist people in achieving the American dream of home ownership. The funds raised by the sale of this special license plate shall be deposited in the general fund.
    5. A special license plate honoring Georgia municipal clerks. The municipal clerk's office provides the professional link connecting citizens with their local governing bodies and agencies of government at other levels. The funds raised by the sale of this license plate shall be deposited in the general fund.
    6. A special license plate identifying residents of the State of Georgia who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission. The special license plate shall be inscribed with the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. The funds raised by the sale of this license plate shall be deposited in the general fund.
    7. 1. 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 this state except that the commissioner shall place a distinctive logo or emblem 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. The funds raised by the sale of this license plate shall be deposited in the general fund.
       2. As used in this paragraph, the term:
          1. "Alternative fuel" means electricity, natural gas, and propane.
          2. "Alternative fueled vehicle" means any vehicle fueled solely by alternative fuel as defined in division (i) of this subparagraph, bi-fuel, or dual fuel.
       3. Pursuant to paragraph (19) of subsection (a) of Code Section 40-2-151 , the applicant for a special license plate for any alternative fueled vehicle shall provide proof that he or she has paid the registration fee prescribed therein prior to the issuance of any special license plate under this paragraph.
    8. A special license plate for antique or hobby or special interest vehicles. As used in this paragraph, the term "antique or hobby or special interest vehicle" means any motor vehicle or motor cycle 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. 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. The funds raised by the sale of this license plate shall be deposited in the general fund.
    9. 1. A special license plate for owners of a private passenger car or truck used for personal transportation, 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 firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25. 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 firefighter. The chiefs of the various fire departments shall furnish to the commissioner a list of the certified firefighters and volunteer firefighters of their fire departments who reside in Georgia which list shall be updated as necessary. The funds raised by the sale of this license plate shall be deposited in the general fund.
       2. Should a certified firefighter or volunteer 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 separated firefighter shall, within 14 days of such separation, return such special and distinctive license plate to the local tag office which issued such license plate. Upon receipt of such special and distinctive license plate, a local tag agent shall reissue a regular license plate and the appropriate revalidation decal for the applicable registration period, at no additional charge, to such former firefighter to replace the special and distinctive license plate. Should a firefighter return to service with the same or another fire department, the chief of such fire department shall 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 $35.00 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 license plate.
       3. Motor vehicle owners who were firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 or 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 paragraph 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.
       4. The spouse of a deceased firefighter shall continue to be eligible to be issued a distinctive special firefighter's license plate as provided in this paragraph so long as such person does not remarry.
    10. A special license plate supporting Rotary International. The design of the special license plate, excepting only the Rotary International logo and motto "Service Above Self" and the years 1905-2005 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 funds raised by the sale of this license plate shall be deposited in the general fund.
    11. A special license plate for any Georgia resident who is the owner of a private passenger motor vehicle and provides proof of certification or licensure by the State of Georgia as an emergency medical technician, paramedic, or owner of a licensed ambulance service in the State of Georgia promoting the EMS Star of Life Symbol. Such license plate shall display the National Highway Traffic Safety Administration's EMS Star of Life Symbol and the initials "EMS." The funds raised by the sale of this license plate shall be deposited in the general fund. (Code 1981, § 40-2-86.22 , enacted by Ga. L. 2006, p. 421, § 1/HB 710; Ga. L. 2007, p. 668, § 7/SB 81; Code 1981, § 40-2-86.1 , as redesignated by Ga. L. 2010, p. 9, § 1-77/HB 1055; Ga. L. 2012, p. 155, § 7/HB 732; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2015, p. 236, § 3-1/HB 170; Ga. L. 2018, p. 677, § 2/HB 898; Ga. L. 2020, p. 639, § 4/SB 336.)

The 2018 amendment, effective July 1, 2018, in subparagraph (l)(9)(A), deleted "certified" preceding "firefighters" in the middle of the first sentence, deleted "certified" preceding "firefighter" near the end of the second sentence, and inserted "and volunteer firefighters" in the middle of the third sentence; and substituted the present provisions of subparagraph (l)(9)(B) for the former provisions, which read: "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 $35.00 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."

The 2020 amendment, effective August 4, 2020, in subsection (b), in the second sentence, substituted "shall include a design to" for "must" and substituted "a design to be of the same size as motorcycle license plates. Such special license plates shall also" for "shall", and added the fourth sentence.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2006, Code Section 40-2-86.19, as enacted by Ga. L. 2006, p. 421, § 1/HB 710, was redesignated as Code Section 40-2-86.1.

Pursuant to Code Section 28-9-5, in 2006, "period" was inserted following "during the" in the first sentence of subsection (i).

Pursuant to Code Section 28-9-5, in 2010, "which has been" was substituted for "which as been" in the second sentence of paragraph (l)(8).

Editor's notes. - Ga. L. 2007, p. 668, § 7/SB 81, which amended this Code section, purported to add paragraphs (l)(5) and (l)(6) but actually only added paragraph (l)(5).

This Code section formerly pertained to license plates commemorating square and round dancers. The former Code section was based on Code 1981, § 40-2-86.1 , enacted by Ga. L. 1997, p. 1559, § 4, and was repealed by Ga. L. 2010, p. 9, § 1-75/HB 1055, effective May 12, 2010.

Ga. L. 2015, p. 236, § 8-1/HB 170, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Transportation Funding Act of 2015."'

Ga. L. 2015, p. 236, § 8-2/HB 170, not codified by the General Assembly, provides that: "It is the intention of the General Assembly, subject to appropriations and other constitutional obligations of this state, that year to year revenue increases be prioritized to fund education, transportation, and health care in this state."

Ga. L. 2015, p. 236, § 9-1(b)/HB 170, not codified by the General Assembly, provides that: "Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act." This Act became effective July 1, 2015.

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 261 (2015).

40-2-86.2. License plates for Shrine hospitals for children.

Repealed by Ga. L. 2010, p. 9, § 1-75/HB 1055, effective May 12, 2010.

Editor's notes. - This Code section was based on Code 1981, § 40-2-86.2 , enacted by Ga. L. 1997, p. 1559, § 4.

40-2-86.3. License plates commemorating Civil War battlefields and historic sites.

Repealed by Ga. L. 2006, p. 1094, § 6, effective January 1, 2007. Ga. L. 2010, p. 9, § 1-75/HB 1055, repealed the reservation of this Code section designation.

Editor's notes. - This Code section was based on Code 1981, § 40-2-86.3 , enacted by Ga. L. 1997, p. 1559, § 4; Ga. L. 1998, p. 1179, § 29. Ga. L. 2010, p. 9, § 1-75/HB 1055, repealed the reservation of this Code section. For current provisions regarding this license plate, see Code Section 40-2-86(m)(3).

Ga. L. 2006, p. 1094, § 13/HB 1053, not codified by the General Assembly, provides for the repeal of this Code section effective January 1, 2007, only upon ratification of a constitutional amendment by the voters at the 2006 general election. The constitutional amendment (Ga. L. 2006, p. 1112) was approved by a majority of the qualified voters voting at the general election held on November 7, 2006.

40-2-86.4. License plates supporting public schools.

Repealed by Ga. L. 2010, p. 9, § 1-75/HB 1055, effective May 12, 2010.

Editor's notes. - This Code section was based on Code 1981, § 40-2-86.4 , enacted by Ga. L. 1997, p. 1559, § 4; Ga. L. 1998, p. 1179, § 30.

40-2-86.5. Special license plates honoring educators; requirements; copyright; issuance; use of funds; transfer of plates.

Repealed by Ga. L. 2010, p. 9, § 1-75/HB 1055, effective May 12, 2010.

Editor's notes. - This Code section was based on Code 1981, § 40-2-86.5 , enacted by Ga. L. 2000, p. 768, § 1. For current provisions regarding this license plate, see Code Section 40-2-86(l)(7).

40-2-86.6. License plate promoting conservation and enhancement of trout populations.

Repealed by Ga. L. 2006, p. 1094, § 7, effective January 1, 2007. Ga. L. 2010, p. 9, § 1-75/HB 1055, repealed the reservation of this Code section designation.

Editor's notes. - This Code section was based on Code 1981, § 40-2-86.6 , enacted by Ga. L. 2001, p. 479, § 2. Ga. L. 2010, p. 9, § 1-75/HB 1055, repealed the reservation of this Code section. For current provisions regarding this license plate, see Code Section 40-2-86(n)(3).

Ga. L. 2006, p. 1094, § 13/HB 1053, not codified by the General Assembly, provides for the repeal of this Code section effective January 1, 2007, only upon ratification of a constitutional amendment by the voters at the 2006 general election. The constitutional amendment (Ga. L. 2006, p. 1112) was approved by a majority of the qualified voters voting at the general election held on November 7, 2006.

40-2-86.7 through 40-2-86.12

Repealed by Ga. L. 2010, p. 9, § 1-75/HB 1055, effective May 12, 2010.

Editor's notes. - These Code sections relating to special license plates supporting the National Rifle Association, breast cancer related programs for the medically indigent, Rotary International, police officers wounded in the line of duty, the Benevolent and Protective Order of Elks, and the EMS Star of Life Symbol, were based on Ga. L. 2002, p. 1019, § 1; Ga. L. 2002, p. 1090, § 1; Ga. L. 2004, p. 757, § 1; Ga. L. 2005, p. 1159, § 6/SB 168; Ga. L. 2006, p. 72, § 40/SB 465; Ga. L. 2006, p. 665, § 1/HB 1006. For current provisions regarding these license plates, see Code Sections 40-2-86(m)(9) (breast cancer); 40-2-86.1(l)(10) (Rotary International); and 40-2-86.1(l)(11) (EMS Star of Life).

40-2-86.13. Special license plates promoting historic preservation efforts.

Repealed by Ga. L. 2006, p. 1094, § 8, effective January 1, 2007. Ga. L. 2010, p. 9, § 1-75/HB 1055, repealed the reservation of this Code section designation.

Editor's notes. - This Code section was based on Code 1981, § 40-2-86.13 , enacted by Ga. L. 2005, p. 1159, § 6/SB 168. Ga. L. 2010, p. 9, § 1-75/HB 1055, repealed the reservation of this Code section. For current provisions regarding this license plate, see Code Section 40-2-86(m)(4).

Ga. L. 2006, p. 1094, § 13/HB 1053, not codified by the General Assembly, provides for the repeal of this Code section effective January 1, 2007, only upon ratification of a constitutional amendment by the voters at the 2006 general election. The constitutional amendment (Ga. L. 2006, p. 1112) was approved by a majority of the qualified voters voting at the general election held on November 7, 2006.

40-2-86.14. Special license plates for licensed physicians.

Repealed by Ga. L. 2010, p. 9, § 1-75/HB 1055, effective May 12, 2010.

Editor's notes. - This Code section was based on Code 1981, § 40-2-86.14 , enacted by Ga. L. 2005, p. 1159, § 6/SB 168.

40-2-86.15 through 40-2-86.17.

Repealed by Ga. L. 2006, p. 1094, §§ 9-11, effective January 1, 2007. Ga. L. 2010, p. 9, § 1-75/HB 1055, repealed the reservation of these Code section designations.

Editor's notes. - These Code sections relating to special license plates promoting NASCAR or promoting bicycle safety, plates honoring families with a member serving in the military, and "Support Georgia Troops" were based on Code 1981, § 40-2-86.15 , enacted by Ga. L. 2005, p. 1159, § 6/SB 168; § 40-2-86.16, enacted by Ga. L. 2005, p. 1477, § 1/SB 255; § 40-2-86.17, enacted by Ga. L. 2005, p. 1481, § 1/SB 257. Ga. L. 2010, p. 9, § 1-75/HB 1055, repealed the reservation of these Code sections. For current provisions regarding these license plates, see Code Section 40-2-86(m)(8) (NASCAR); 40-2-86(m)(5) (bicycle safety); Code Section 40-2-86(m)(6) (honoring families with a member in the military); and Code Section 40-2-86(m)(7) ("Support Georgia Troops").

Ga. L. 2006, p. 1094, § 13/HB 1053, not codified by the General Assembly, provides for the repeal of these Code sections effective January 1, 2007, only upon ratification of a constitutional amendment by the voters at the 2006 general election. The constitutional amendment (Ga. L. 2006, p. 1112) was approved by a majority of the qualified voters voting at the general election held on November 7, 2006.

40-2-86.18. Redesignated.

Editor's notes. - Ga. L. 2010, p. 9, § 1-76/HB 1055, effective May 12, 2010, redesignated former Code Section 40-2-86.18 as present Code Section 40-2-85.3.

40-2-86.19. Special license plates supporting the Global War on Terrorism and Operation Enduring Freedom.

Repealed by Ga. L. 2010, p. 9, § 1-75/HB 1055, effective May 12, 2010.

Editor's notes. - This Code section was based on Code 1981, § 40-2-86.19 , enacted by Ga. L. 2006, p. 801, § 1/SB 539.

40-2-86.20. Special license plates supporting the Global War on Terrorism and Iraqi freedom.

Repealed by Ga. L. 2010, p. 9, § 1-75/HB 1055, effective May 12, 2010.

Editor's notes. - This Code section was based on Code 1981, § 40-2-86.20 , enacted by Ga. L. 2006, p. 803, § 1/SB 538.

40-2-86.21. Redesignated.

Editor's notes. - Ga. L. 2010, p. 9, § 1-76, effective May 12, 2010, redesignated former Code Section 40-2-86.21 as present Code Section 40-2-86.

40-2-86.22. Redesignated.

Editor's notes. - Ga. L. 2010, p. 9, § 1-76/HB 1055, effective May 12, 2010, redesignated former Code Section 40-2-86.22 as present Code Section 40-2-86.1.

40-2-87. Definitions.

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:
   1. A power unit having a gross vehicle weight in excess of 26,000 pounds;
   2. A power unit having three or more axles, regardless of weight; or
   3. 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 state revenue commissioner.
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:
    1. A telephone or telephones publicly listed in the name of the fleet registrant;
    2. A person or persons conducting the fleet registrant's business; and
    3. 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. "Interjurisdictional movement" means vehicle movement between or through two or more jurisdictions.
14. "Intrajurisdictional 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. (Code 1981, § 40-2-87 , enacted by Ga. L. 1990, p. 1883, § 2; Ga. L. 1994, p. 97, § 40; Ga. L. 2000, p. 951, § 3-14; Ga. L. 2005, p. 334, § 14-7/HB 501; Ga. L. 2006, p. 72, § 40/SB 465.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1990, this Code section, which was enacted as Code Section 40-2-80, was renumbered as Code Section 40-2-87, since Ga. L. 1990, p. 2048, § 2, also enacted a Code Section 40-2-80.

40-2-88. Reciprocal agreements for registration of commercial vehicles on apportionment basis; registration under the International Registration Plan.

1. 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 any political subdivision of a foreign country, or a territory or possession of the United States or any foreign country or any political subdivision of a 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.
2. 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.
3. 1. Applications for registration or renewal of registration under the International Registration Plan shall be submitted electronically 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.
4. 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, except as otherwise provided in subsection (h) of Code Section 40-2-152, 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."
5. 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.
6. 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.
7. 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 40-2-152 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.
8. 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.
9. 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.
10. 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. (Code 1981, § 40-2-88 , enacted by Ga. L. 1990, p. 1883, § 2; Ga. L. 1992, p. 2978, § 3; Ga. L. 1999, p. 741, § 2; Ga. L. 2000, p. 951, § 3-15; Ga. L. 2001, p. 1173, § 1-3; Ga. L. 2002, p. 415, § 40; Ga. L. 2004, p. 631, § 40; Ga. L. 2013, p. 32, § 1/HB 463; Ga. L. 2017, p. 742, § 2/HB 412; Ga. L. 2020, p. 199, § 2-1/HB 463.)

The 2017 amendment, effective July 1, 2017, substituted the present provisions of paragraph (c)(1) for the former provisions, which read: "(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."

The 2020 amendment, effective June 30, 2020, inserted "or any political subdivision of a foreign country" twice in the first sentence of subsection (a).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1990, this Code section, which was enacted as Code Section 40-2-81, was renumbered as Code Section 40-2-88, since Ga. L. 1990, p. 2048, § 2, also enacted a Code Section 40-2-80 and references to Code Sections 40-2-22, 40-2-23, 40-2-24, and 40-2-26 were substituted for references to Code Sections 40-2-21, 40-2-22, 40-2-23, and 40-2-25 in subsection (d).

Pursuant to Code Section 28-9-5, in 1992, "commissioner's" was substituted for "commissioner" in paragraph (d)(3).

Editor's notes. - Ga. L. 2013, p. 32, § 5/HB 463, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall be applicable to all registration, annual, or license fees of apportionable vehicles and ad valorem and alternative ad valorem taxes of apportionable vehicles on or after January 1, 2014.

40-2-88.1. Electronic application for registration of commercial vehicles under the International Registration Plan.

On and after January 1, 2018, the commissioner shall require any applicant for a commercial vehicle registration under the International Registration Plan to submit such application electronically. The commissioner shall adopt rules and regulations which provide for denial of an application, which shall include the denial of registration to applicants previously prohibited by any federal or state agency from operating interstate or intrastate.

(Code 1981, § 40-2-88.1 , enacted by Ga. L. 2007, p. 639, § 1/SB 77; Ga. L. 2017, p. 742, § 3/HB 412.)

The 2017 amendment, effective July 1, 2017, rewrote this Code section.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2007, Ga. L. 2007, p. 639, § 1/SB 77, was designated as Code Section 40-2-88.1 and the subsection (d) designation was deleted.

40-2-89. Vehicle ineligible for registration if prohibited from being operated in interstate commerce.

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 suspend or revoke such registration for any vehicle so prohibited from operating.

(Code 1981, § 40-2-89 , enacted by Ga. L. 2001, p. 1173, § 1-4; Ga. L. 2005, p. 334, § 14-8/HB 501.)

40-2-90. Operation of vehicles registered in other states.

1. 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.
2. 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.
3. 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.

   (Ga. L. 1927, p. 226, § 10; Code 1933, § 68-221; Ga. L. 1973, p. 342, § 1; Ga. L. 1978, p. 927, § 1; Ga. L. 1982, p. 720, § 1; Ga. L. 1983, p. 638, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1990, p. 2048, § 2.)

Cross references. - Rights of citizens of other states while in Georgia generally, § 1-2-9 .

40-2-91. Commissioner authorized to negotiate reciprocal agreements with adjoining states.

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.

(Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 216, §§ 1, 2; Code 1933, § 68-217; Ga. L. 1990, p. 2048, § 2.)

Cross references. - Cooperation between Georgia and other states generally, T. 28, C. 6.

40-2-92. Reciprocal agreements subject to confirmation by General Assembly.

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.

(Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 216, § 3; Code 1933, § 68-218; Ga. L. 1990, p. 2048, § 2.)

40-2-93. Reciprocal agreements while General Assembly not in session.

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.

(Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 216, §§ 3, 5; Code 1933, §§ 68-218, 68-220; Ga. L. 1990, p. 2048, § 2.)

40-2-94. Publication of terms of reciprocal agreements; rules and regulations for enforcement.

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.

(Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 216, § 4; Code 1933, § 68-219; Ga. L. 1990, p. 2048, § 2.)

40-2-95. Code Sections 40-2-91 through 40-2-93 inapplicable to motor vehicles for hire.

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.

(Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 216, § 5; Code 1933, § 68-220; Ga. L. 1990, p. 2048, § 2.)