GA Code § 40-2-20 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 2 - Registration and Licensing of Motor Vehicles|Article 2 - Registration and Licensing Generally|§ 40-2-20. Registration and License Requirements; Certificate of Registration and Temporary Operating Permit; Two-Year Registration Option for New Motor Vehicles

      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.     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.   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.     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.     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.     Subsection (a) of this Code section shall not apply:   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;   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;    To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination;   To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm;   To any electric powered personal transportation vehicle;   To any moped; or   To any golf car.     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.   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).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under Ga. L. 1915, p. 107 are included in the annotations for this Code section.   Motorcycle is subject to this statute.    - Motorcycle is subject to the provisions of O.C.G.A. Title 40, motor vehicles and traffic law, in general, and to those of O.C.G.A. § 40-2-20 in particular. Grange Mut. Cas. Co. v. King, 174 Ga. App. 716, 331 S.E.2d 41 (1985).   Trail bike ridden on streets.    - Trail bike shown to have been ridden on a public street was subject to registration and was excluded from coverage under the homeowner's policy, despite policy language exempting from the exclusion vehicles "not subject to motor vehicle registration because . . . used exclusively on the resident premises." Addison v. Southern Guar. Ins. Co., 155 Ga. App. 536, 271 S.E.2d 674 (1980).   Recovery against railroad.    - When a person driving a motor truck on a public highway over a railroad crossing is struck by a passenger train and injured, the mere fact that the vehicle has not been registered, a license obtained, and a license fee paid, as required by Ga. L. 1915, p. 107, will not render the person so injured a trespasser, and bar the person's right of recovery against the railroad company for negligence. Central of Ga. Ry. v. Moore, 149 Ga. 581, 101 S.E. 668 (1919) (decided under Ga. L. 1915, p. 107).    Same rule is applicable when a passenger in an automobile is injured by reason of the negligence of a railroad company in failing to keep the railroads crossing in repair. Hines v. Wilson, 25 Ga. App. 63, 102 S.E. 646, cert. denied, 25 Ga. App. 840, S.E. (1920) (decided under Ga. L. 1915, p. 107).   Accusation making no reference to "owner."    - Accusation of violation which makes no reference to the "owner" is not an error. Cumbie v. State, 38 Ga. App. 744, 145 S.E. 667 (1928).   Variance between accusation and proof at trial showing trailer operation.    - Defendant's conviction of operating a motor vehicle without a tag, O.C.G.A. § 40-2-20, was improper as there was a fatal variance between the accusation and the proof at trial. There was no evidence that the defendant operated a motor vehicle without a license plate; the evidence established the defendant was towing a trailer which did not have a plate displayed. Younger v. State, 293 Ga. App. 20, 666 S.E.2d 460 (2008).   Officer's procedure justified.    - An officer's refusal to entrust a car sought to be impounded to the defendant's passenger was justified because the passenger did not have a valid Georgia driver's license in apparent violation of O.C.G.A. § 40-2-20(a). Lopez v. State, 286 Ga. App. 873, 650 S.E.2d 430 (2007).   Sentence not unconstitutional.    - Defendant's sentence of 12 months confinement to be served on probation following 60 days of confinement, $1,500 in fines, 100 hours of community service, and a mental health evaluation for obstruction of a law enforcement officer, driving without insurance, and failing to register a vehicle was within the statutory limits set by O.C.G.A. §§ 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. Smith v. State, 311 Ga. App. 184, 715 S.E.2d 434 (2011).   Ineffective assistance of counsel for failing to object to officer's hearsay testimony.    - Appellate court reversed the trial court's denial of the defendant's motion for a new trial with respect to the two misdemeanor traffic violations because the prejudice from trial counsel's failure to object was clear as the officer's hearsay testimony was the only evidence offered to prove the elements of the traffic offenses and had the evidence been excluded, there would not have been sufficient evidence to convict on those offenses. Taylor v. State, 337 Ga. App. 486, 788 S.E.2d 97 (2016).    Cited in Bentley v. State, 70 Ga. App. 494, 28 S.E.2d 658 (1944); Georgia Pub. Serv. Comm'n v. Jones Transp., Inc., 213 Ga. 514, 100 S.E.2d 183 (1957); Citizens & S. Nat'l Bank v. Georgia Steel, Inc., 25 Bankr. 796 (Bankr. M.D. Ga. 1982); Keyser v. State, 187 Ga. App. 95, 369 S.E.2d 309 (1988).   OPINIONS OF THE ATTORNEY GENERAL    Motor scooter is a motor vehicle  which must be licensed before operation in Georgia. 1954-56 Op. Att'y Gen. p. 485.    Air compressor mounted on wheels which is not self-propelled,  but designed so as to be moved from one job to another by pulling the compressor over the public highways of this state attached to some other motor vehicle, has been classified as a trailer and, as such, should have a license. 1958-59 Op. Att'y Gen. p. 211.   Four-wheel tanks and trailers used to haul goods over public highways.   - Since neither tanks mounted on four wheels and used to haul anhydrous ammonia (liquid fertilizer) over public highways, nor four-wheel trailers used to haul cotton over public highways to farms, can qualify as a tractor, those items must be registered and have license plates. 1965-66 Op. Att'y Gen. No. 66-149.    Go-cart is a motor vehicle;  and the operator of a go-cart must be licensed; the go-cart must be registered, inspected annually, and equipped with headlights, stop lights, and turn signals. 1969 Op. Att'y Gen. No. 69-194 (rendered under former Code 1933, § 68-201, prior to amendment by Ga. L. 1973, p. 781, § 1).   Operation of golf cart upon public road.    - Golf cart was a vehicle other than a tractor, not operated upon a track, and propelled by other than muscular power; the golf cart thus fell within the definition of "motor vehicle" set out in former Code 1933, § 68A-101 (see now O.C.G.A. § 40-1-1); if the golf cart was to be operated upon a public road, the operator must comply with all registration requirements. 1972 Op. Att'y Gen. No. U72-78.   Operation of "log grapple loader" upon public road.   - "Log grapple loader" is a truck body with a log loading machine mounted on its back, and the only time that the vehicle is used on a highway is in transporting it from one forest to another; if such a vehicle is to be operated on the public highways, it must be registered, licensed, and inspected in accordance with the motor vehicle laws. 1973 Op. Att'y Gen. No. U73-82.   Nonresident student must register vehicle within 30 days.   - Nonresident student is required to register a vehicle owned or operated by the student and obtain a license tag within 30 days from the time the student enters the state. 1970 Op. Att'y Gen. No. 70-40.   Owner applying for tag in May not entitled to three-quarter-year rate.   - When a vehicle operated during January, February, and March of the current year under an extension granted for use of the previous year's tag is not used in April, but the owner thereof makes application for a tag therefor in May, the owner is not entitled to a three-quarter-year rate. 1952-53 Op. Att'y Gen. p. 470.   Endorsement of delinquent application for tags.   - Delinquent application for an automobile tag may be endorsed by the county tag agent, rather than the sheriff. 1954-56 Op. Att'y Gen. p. 469.   Surrender of plates and registrations of salvage vehicles.   - Owners and insurers are required to surrender to the state revenue commissioner the license plates and registrations of vehicles which become salvage or total loss vehicles. 1997 Op. Att'y Gen. No. 97-24.   RESEARCH REFERENCES   Am. Jur. 2d.   - 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 57 et seq., 110, 113 et seq.   C.J.S.   - 60 C.J.S., Motor Vehicles, §§ 24 et seq., 36, 38, 180, 181, 273 et seq.   ALR.    - Chauffeur in general employment of owner as servant for time being of owner, or of borrower of car, 42 A.L.R. 1446.    Registration of automobile as affected by the name used to identify owner, 47 A.L.R. 1103.    Construction and application of statutes requiring "chauffeur's" licenses, 105 A.L.R. 69; 139 A.L.R. 950.   Applicability of motor vehicle registration laws to corporation domiciled in state but having branch trucking bases in other state, 16 A.L.R.2d 1414.   What constitutes farm vehicle, construction equipment, or vehicle temporarily on highway exempt from registration as motor vehicle, 27 A.L.R.4th 843.