reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 9 - REPORTING ACCIDENTS; GIVING PROOF OF FINANCIAL RESPONSIBILITY (§§ 40-9-1 — 40-9-103) › Article 5 - ASSIGNED RISK PLANS, SELF-INSURERS, AND "SPOT" INSURANCE (§§ 40-9-100 — 40-9-103) › Section 40-9-100 - Assigned risk plan

(a)
After consultation with insurance companies authorized to issue automobile policies in this state, the Commissioner of Insurance shall approve a reasonable plan or plans for the equitable apportionment among such companies of applicants for motor vehicle liability policies and other automobile policies who are in good faith entitled to but are unable to procure such policies through ordinary methods. When any such plan has been approved, all such insurance companies shall subscribe thereto and participate therein.
(b)
Any applicant for a policy to be issued under any such plan, any person insured under any such plan, and any insurance company affected may appeal to the Commissioner of Insurance from any ruling or decision of the manager or committee designated to operate such plan. Any person aggrieved by any order or act of the Commissioner of Insurance under this Code section may, within ten days after notice of such order or act, file a petition in the superior court of the county of his residence for a review thereof. The court will summarily hear his petition and may make any appropriate order or decree.
(c)
A person who has committed no traffic offenses for the prior three years and has had no claims based on fault against an insurer for the prior three years shall not be eligible for a policy to be issued under the plan created by this Code section unless such person's application or the subsequent investigation on the application discloses reasons for which the person would not be able to procure a policy through ordinary methods.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 9 - REPORTING ACCIDENTS; GIVING PROOF OF FINANCIAL RESPONSIBILITY (§§ 40-9-1 — 40-9-103) › Article 5 - ASSIGNED RISK PLANS, SELF-INSURERS, AND "SPOT" INSURANCE (§§ 40-9-100 — 40-9-103) › Section 40-9-102 - Insurance for person renting U-drive-it vehicle

Any person who rents motor vehicles from a U-drive-it owner is required to provide his own insurance, and insurance companies authorized to issue automobile policies in this state shall be required by the Commissioner of Insurance to provide "spot" insurance, which shall be purchased by such person before the U-drive-it owner shall be authorized to turn a motor vehicle over to such person. If a U-drive-it owner turns over any motor vehicle to any person without first ascertaining that such "spot" insurance has been obtained, the U-drive-it owner shall not, as to that particular rental transaction, be exempted from the provisions of this chapter as provided in Code Section
40-9-4
.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 9 - REPORTING ACCIDENTS; GIVING PROOF OF FINANCIAL RESPONSIBILITY (§§ 40-9-1 — 40-9-103) › Article 5 - ASSIGNED RISK PLANS, SELF-INSURERS, AND "SPOT" INSURANCE (§§ 40-9-100 — 40-9-103) › Section 40-9-103 - Cooperation by insured with insurer in connection with defense of action or threatened action under policy

(a)
No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.
(b)
(1)
Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds.
(2)
In the event the insurer denies coverage and it is determined by declaratory judgment or other civil process that there is in fact coverage, the insurer shall be liable to the insured for legal costs and attorney's fees as may be awarded by the court.
(c)
Subsections (a) and (b) of this Code section shall not operate to deny coverage for failure to send a copy of a summons or other process relating to policy coverage if such documents are sent by a third party to the insurer or to the insurer's agent by certified mail or statutory overnight delivery within ten days of the filing of such documents with the clerk of the court. If the name of the insurer or the insurer's agent is unknown, the third party shall have a period of 30 days from the date the insurer or agent becomes known in which to send these required documents. Such documents must be sent to the insurer or agent at least 30 days prior to the entry of any judgment against the insured.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 10 - FORMULATION AND COORDINATION OF STATE AND LOCAL HIGHWAY SAFETY PROGRAMS (§§ 40-10-1 — 40-10-10) › Section 40-10-1 - Short title

This chapter shall be known and may be cited as the "Highway Safety Coordination Act of 1967."
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 10 - FORMULATION AND COORDINATION OF STATE AND LOCAL HIGHWAY SAFETY PROGRAMS (§§ 40-10-1 — 40-10-10) › Section 40-10-2 - Declaration of policy; general authority of Governor

It is the public policy of this state in every way possible to reduce the number of traffic accidents, deaths, injuries, and property damage through the formulation of comprehensive highway safety programs. The Governor, as the chief executive and highest elected official of this state, is vested with the power and authority to act as the chief administrator in the formulation of such programs of highway safety.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 10 - FORMULATION AND COORDINATION OF STATE AND LOCAL HIGHWAY SAFETY PROGRAMS (§§ 40-10-1 — 40-10-10) › Section 40-10-3 - Definitions

As used in this chapter, the term:
(1)
"Director" means the director of the Office of Highway Safety in the Department of Public Safety.
(2)
"National Highway Safety Act of 1966" means the National Highway Safety Act of 1966, Pub. Law 89-564,
23 U.S.C. Section 401
, et seq., and all amendments thereto.
(3)
"Office" means the Office of Highway Safety in the Department of Public Safety.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 10 - FORMULATION AND COORDINATION OF STATE AND LOCAL HIGHWAY SAFETY PROGRAMS (§§ 40-10-1 — 40-10-10) › Section 40-10-4 - Creation of Office of Highway Safety

There is created within the executive department the Office of Highway Safety. The Office of Highway Safety is assigned to the Department of Public Safety for administrative purposes only as provided in Code Section
50-4-3
. The director of the Office of Highway Safety is designated the Governor's highway safety representative and shall be appointed by the Governor and serve at his pleasure. The Office of Highway Safety is charged and empowered to carry out the responsibilities established by the National Highway Safety Act of 1966.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 10 - FORMULATION AND COORDINATION OF STATE AND LOCAL HIGHWAY SAFETY PROGRAMS (§§ 40-10-1 — 40-10-10) › Section 40-10-5 - Duties of director

The director shall advise with and assist the Governor in the formulation, coordination, and supervision of comprehensive state and local highway safety programs to reduce traffic accidents, deaths, injuries, and property damage within this state. The director, acting under the direction and supervision of the Governor, shall also advise with and assist the various departments and agencies of state government concerned with highway safety programs. He shall coordinate and review, cooperatively, the programs developed by the various local political subdivisions, for the purpose of assisting them in the preparation of their highway safety programs to ensure that they meet the criteria established for such programs by the appropriate state and federal authorities.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 10 - FORMULATION AND COORDINATION OF STATE AND LOCAL HIGHWAY SAFETY PROGRAMS (§§ 40-10-1 — 40-10-10) › Section 40-10-6 - Office space; staff, supplies, and materials

The Governor is authorized to provide and designate for the use of the director such space as shall be necessary to quarter the director and his staff. The director is authorized to employ and secure the necessary staff, supplies, and materials to carry out this chapter, subject to the approval of the Governor.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 10 - FORMULATION AND COORDINATION OF STATE AND LOCAL HIGHWAY SAFETY PROGRAMS (§§ 40-10-1 — 40-10-10) › Section 40-10-7 - Specific authority and duties of Governor

Notwithstanding the provisions of Code Section
50-5-143
, the Governor is authorized and granted the power to contract and to exercise any other powers which may be necessary in order to ensure that all departments of the state government and local political subdivisions participate to the fullest extent possible in the benefits available under the National Highway Safety Act of 1966 and similar federal programs of highway safety. The Governor shall formulate standards for highway safety programs for political subdivisions to assure that they meet the criteria of the National Highway Safety Agency and shall institute a reporting system for the local political subdivisions to report the status of their programs to the state.
Amended by 2008 Ga. Laws 566,§ 2, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 10 - FORMULATION AND COORDINATION OF STATE AND LOCAL HIGHWAY SAFETY PROGRAMS (§§ 40-10-1 — 40-10-10) › Section 40-10-8 - Cooperation with other agencies

The Governor, acting for and in behalf of the State of Georgia, is authorized to cooperate with, and participate in, the programs of all federal, state, local, public, and private agencies and organizations in order to effectuate the purposes of this chapter.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 10 - FORMULATION AND COORDINATION OF STATE AND LOCAL HIGHWAY SAFETY PROGRAMS (§§ 40-10-1 — 40-10-10) › Section 40-10-9 - Powers of local governing authorities

The governing authorities of the various counties and municipalities are empowered to contract with the state, federal, and other local public and private agencies and organizations and exercise other necessary powers to participate to the fullest extent possible in the highway safety programs of this state, the National Highway Safety Act of 1966, and similar federal programs of highway safety.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 10 - FORMULATION AND COORDINATION OF STATE AND LOCAL HIGHWAY SAFETY PROGRAMS (§§ 40-10-1 — 40-10-10) › Section 40-10-10 - Acceptance and administration of funds

The Governor is designated the appropriate state official to accept and administer any funds which shall be made available to the State of Georgia and its various political subdivisions for the purpose of carrying out a comprehensive highway safety program.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10) › Section 40-11-1 - Definitions

As used in this article, the term:
(1)
"Abandoned motor vehicle" means a motor vehicle or trailer:
(A)
Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs;
(B)
Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion;
(C)
Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage;
(D)
Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage; or
(E)
Which has been left unattended on private property for a period of not less than 30 days.
(2)
"Motor vehicle" or "vehicle" means a motor vehicle or trailer.
(3)
"Owner" or "owners" means the registered owner, the owner as recorded on the title, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Revenue or the records from the vehicle's state of registration.
Amended by 2011 Ga. Laws 246,§ 1, eff. 7/1/2011.
Amended by 2011 Ga. Laws 245,§ 40, eff. 5/13/2011.
Amended by 2005 Ga. Laws 68,§ 21-1, eff. 7/1/2005.
Amended by 2002 Ga. Laws 462, § 40, eff. 4/18/2002.
Amended by 2002 Ga. Laws 752, § 1, eff. 1/1/2003
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10) › Section 40-11-2 - [Repealed] Duty of person removing or storing motor vehicle

Repealed and reserved by 2019 Ga. Laws 275,§ 4, eff. 9/1/2019.
Amended by 2008 Ga. Laws 711,§ 3, eff. 7/1/2008.
Amended by 2005 Ga. Laws 68,§ 21-2, eff. 7/1/2005.
Amended by 2002 Ga. Laws 752, § 2, eff. 1/1/2003
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10) › Section 40-11-3 - [Repealed] Removal of vehicles from public property by peace officer; notification requirements

Repealed and reserved by 2019 Ga. Laws 275,§ 4, eff. 9/1/2019.
Amended by 2005 Ga. Laws 68,§ 21-3, eff. 7/1/2005.
Amended by 2002 Ga. Laws 462, § 40, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10) › Section 40-11-3.1 - [Repealed] Unattended vehicle checks

Repealed and reserved by 2019 Ga. Laws 275,§ 4, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10) › Section 40-11-3.2 - [Repealed] Limited prohibition on towing vehicles within paid parking facility located within 500 feet of an establishment serving alcohol

Repealed and reserved by 2019 Ga. Laws 275,§ 4, eff. 9/1/2019.
Added by 2002 Ga. Laws 752, § 3, eff. 1/1/2003.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10) › Section 40-11-4 - [Repealed] Creation of lien; courts authorized to foreclose lien

Repealed and reserved by 2019 Ga. Laws 275,§ 4, eff. 9/1/2019.
Amended by 2014 Ga. Laws 638,§ 4, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10) › Section 40-11-5 - [Repealed] Lien foreclosure procedure

Repealed and reserved by 2019 Ga. Laws 275,§ 4, eff. 9/1/2019.
Amended by 2014 Ga. Laws 638,§ 5, eff. 7/1/2014.
Amended by 2011 Ga. Laws 246,§ 2, eff. 7/1/2011.
Amended by 2005 Ga. Laws 68,§ 21-4, eff. 7/1/2005.
Amended by 2002 Ga. Laws 752, § 4, eff. 1/1/2003
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10) › Section 40-11-6 - [Repealed] Sale of vehicle pursuant to foreclosure

Repealed and reserved by 2019 Ga. Laws 275,§ 4, eff. 9/1/2019.
Amended by 2015 Ga. Laws 167,§ 3C-5, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10) › Section 40-11-7 - [Repealed] How purchaser at foreclosure sale may obtain certificate of title

Repealed and reserved by 2019 Ga. Laws 275,§ 4, eff. 9/1/2019.
Amended by 2005 Ga. Laws 68,§ 21-5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10) › Section 40-11-8 - [Repealed] Disposition of proceeds of foreclosure sale

Repealed and reserved by 2019 Ga. Laws 275,§ 4, eff. 9/1/2019.
Amended by 2014 Ga. Laws 638,§ 6, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1 - GENERAL PROVISIONS (§§ 40-11-1 — 40-11-10) › Section 40-11-10 - [Repealed] Disposition of certain contents of abandoned vehicles

Repealed and reserved by 2019 Ga. Laws 275,§ 4, eff. 9/1/2019.
Added by 2011 Ga. Laws 246,§ 3, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1A - ABANDONED MOTOR VEHICLE ACT (§§ 40-11-11 — 40-11-19.5) › Section 40-11-11 - Short title

The article shall be known and may be cited as the "Abandoned Motor Vehicle Act."
Added by 2019 Ga. Laws 275,§ 5, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1A - ABANDONED MOTOR VEHICLE ACT (§§ 40-11-11 — 40-11-19.5) › Section 40-11-12 - Legislative intent

The intent of the General Assembly is to provide a comprehensive and streamlined process for businesses removing motor vehicles from public rights of way and private or public property to recover the costs associated with this work while balancing the rights of a motor vehicle owner, when a motor vehicle has been abandoned or unclaimed. Businesses removing motor vehicles from public rights of way and private property without the consent of an owner are regulated by the Department of Public Safety pursuant to Code Section
44-1-13
and, as such, the recoverable fees for these businesses are limited. When executed at the request of law enforcement, these businesses perform an essential public function of keeping highways in this state free from obstructions that could cause a threat to public health or safety or cause traffic congestion. As a result of licensure, these businesses often incur great costs in performing this service but are unable to recover the full amounts expended. The intent of the General Assembly is to allow such businesses to continue to remove abandoned vehicles at the request of law enforcement and private property owners, by providing a method for obtaining excess funds from the sale of abandoned and unclaimed vehicles and applying those funds as reimbursements for unrecovered expenses of such businesses, which will allow them to remain viable and to minimize any financial loss in performing this important public safety function.
Added by 2019 Ga. Laws 275,§ 5, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1A - ABANDONED MOTOR VEHICLE ACT (§§ 40-11-11 — 40-11-19.5) › Section 40-11-13 - Definitions

As used in this article, the term:
(1)
"Day" means a business day unless otherwise stated and shall not include Saturdays, Sundays, and legal holidays recognized by the state.
(2)
"Department" means the Department of Revenue or any entity that has an agreement with such department to serve as an authorized entity to access information relating to motor vehicle ownership and disseminate such information upon request and which is identified as such an authorized entity on the website of the Department of Revenue.
(3)
"Motor vehicle" means every trailer and vehicle which is self-propelled.
(4)
"Owner" means any secured interest holder with a current interest in a motor vehicle and person listed on the registration of a motor vehicle found in the records of the department or in the records of the state where the vehicle is registered.
(5)
"Paid private parking lot" means private property where the owner or operator of a motor vehicle pays a valuable consideration for the right to park in such location.
(6)
"Repair facility" means any person maintaining physical custody of a motor vehicle for repairs that have been requested or authorized by an owner or by an insurance company acting on behalf of an owner.
(7)
"Salvage dealer" means any person taking possession of a motor vehicle from or upon request from an insurance company which is damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts or for which the insurance company has paid a total loss claim and has been unable to obtain a certificate of title.
(8)
"Secured interest holder" means a secured party within the meaning of Code Section
11-9-102
or a person with a perfected encumbrance pertaining to an interest in a motor vehicle.
(9)
"Towing and storage firm" means any person regulated by the Department of Public Safety and in compliance with requirements set forth in Code Section
44-1-13
who removes a motor vehicle from private or public property with or without the consent of the motor vehicle owner or authorized user and provides storage for such motor vehicle after removal.
(10)
"Trailer" means a vehicle with or without motive power designed to be drawn by a motor vehicle; provided, however, that such term shall not include a mobile home as such term is set forth in Code Section
8-2-160
unless such vehicle was left unattended on public property and its removal was requested by a peace officer.
Added by 2019 Ga. Laws 275,§ 5, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1A - ABANDONED MOTOR VEHICLE ACT (§§ 40-11-11 — 40-11-19.5) › Section 40-11-15 - Removal of vehicle; liability; duty of towing and storage firm when removal at request of law enforcement

(a)
Any peace officer who finds a motor vehicle which has been left unattended on a highway for more than five days, as evidenced by the date on an unattended vehicle check card, may cause such motor vehicle to be removed to a garage or other place of safety.
(b)
Any peace officer who finds a motor vehicle which has been left unattended on a highway and which poses an immediate threat to public health or safety or traffic congestion may cause such motor vehicle to be removed to a garage or other place of safety. Within 24 hours of causing an unattended motor vehicle to be removed pursuant to this subsection, the peace officer shall query the criminal justice information system to determine if the unattended motor vehicle has been entered into the criminal justice information system as a stolen vehicle. If a removed vehicle has been reported as stolen, the peace officer shall place a phone call to the law enforcement agency that filed such report, providing the name and address of the towing and storage firm that removed the motor vehicle. The law enforcement agency receiving such phone call shall notify the owner of the vehicle of the location of the motor vehicle.
(c)
Any peace officer who causes an unattended motor vehicle to be removed pursuant to this Code section shall be liable only for gross negligence.
(d)
A towing and storage firm that has removed an unattended motor vehicle from public property at the request of a peace officer shall, within three days of the removal, request from the department the identification and addresses of all owners of such vehicle contained in the records of the department; provided, however, that if such vehicle has an out-of-state license plate, such request shall be made to the state where the vehicle is registered or to an entity with access to such state's vehicle registration information. The department shall furnish the requested owner information no later than five days from the date the request was received. The department may charge a fee of no more than $2.00 for such owner information. For purposes of this subsection, an unattended motor vehicle shall include a motor vehicle required to be moved due to arrest of the vehicle's operator or any direction of a peace officer.
(e)
Failure of a peace officer to comply with any provision of this Code section shall not limit the remedies available to any person pursuant to this article.
Amended by 2020 Ga. Laws 521,§ 40, eff. 7/29/2020.
Added by 2019 Ga. Laws 275,§ 5, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1A - ABANDONED MOTOR VEHICLE ACT (§§ 40-11-11 — 40-11-19.5) › Section 40-11-17 - Removal from private parking lot; fees; penalty

(a)
It shall be unlawful for any person to remove, tow, or immobilize or cause to be removed, towed, or immobilized a motor vehicle left in a paid private parking lot between midnight and 9 A.M. of the following day. Nothing in this Code section shall prohibit the owner or operator of a paid private parking lot from charging a penalty for vehicles which remain in a paid private parking lot during such period without authorization. Such penalty shall not exceed $25.00 in excess of normal parking fees. No owner or operator of a paid private parking lot shall be liable for any damages to any motor vehicle remaining in a paid private parking lot during such period without authorization. Nothing in this Code section shall prohibit a resident or a business owner who is not an owner or operator of a paid private parking lot from towing, removing, immobilizing, or causing to be towed, removed, or immobilized a motor vehicle left without authorization on private property.
(b)
Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
Added by 2019 Ga. Laws 275,§ 5, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1A - ABANDONED MOTOR VEHICLE ACT (§§ 40-11-11 — 40-11-19.5) › Section 40-11-18 - Retrieval of personal property

(a)
A towing and storage firm, repair facility, or salvage dealer shall allow an owner of a vehicle to retrieve any personal property within a stored vehicle for up to 30 days from the date which notice was sent pursuant to Code Section
40-11-19
.
(b)
Any personal property left in a vehicle after 30 days from the date on which notice was sent pursuant to Code Section
40-11-19
shall be considered abandoned.
(c)
For purposes of this Code section, the term "personal property" shall not include any items attached or affixed to the motor vehicle.
Amended by 2020 Ga. Laws 521,§ 40, eff. 7/29/2020.
Added by 2019 Ga. Laws 275,§ 5, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1A - ABANDONED MOTOR VEHICLE ACT (§§ 40-11-11 — 40-11-19.5) › Section 40-11-19.2 - Public sale authorized upon court order; procedure following satisfaction of lien; disposition of excess proceeds

(a)
(1)
As used in this subsection, the term "public sale" means a sale:
(A)
Held at a place reasonably available to persons who might desire to attend and submit bids;
(B)
At which those attending shall be given the opportunity to bid on a competitive basis; and
(C)
Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 9:00 A.M. and 5:00 P.M., and the place of sale and shall briefly identify the motor vehicle to be sold.
(2)
Upon order of the court issued pursuant to Code Section
40-11-19.1
, the towing and storage firm, repair facility, or salvage dealer shall be authorized to sell the motor vehicle to the highest and best bidder at public sale.
(b)
After satisfaction of the lien, the towing and storage firm, repair facility, or salvage dealer selling such motor vehicle shall, not later than 15 days after the date of such sale, provide the Department of Revenue by electronic means a copy of the bill of sale as provided to the purchaser and turn the remaining proceeds of such sale, if any, over to the department to be treated as unclaimed property pursuant to Article 5 of Chapter 12 of Title 44, the "Disposition of Unclaimed Property Act." The towing and storage firm, repair facility, or salvage dealer selling such vehicle may deduct from such proceeds the cost incurred by the advertisement of the public sale, provided that such amount is no greater than $120.00, and the cost incurred by the holding of the public sale, provided that the cost is no greater than $200.00. Any deduction so made shall be evidenced by receipts or on a form prescribed by the Department of Revenue for such purpose through rule and regulation. Any person convicted of failing to comply with the requirements of this subsection shall be subject to a civil penalty as provided for in Article 5 of Chapter 12 of Title 44.
Amended by 2021 Ga. Laws 182,§ 3, eff. 7/1/2021.
Added by 2019 Ga. Laws 275,§ 5, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1A - ABANDONED MOTOR VEHICLE ACT (§§ 40-11-11 — 40-11-19.5) › Section 40-11-19.3 - Certified copy of court order; obtaining certificate of title

The purchaser of a motor vehicle at a sale authorized in this article shall receive a certified copy of the court order from the seller of the vehicle authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Revenue. The Department of Revenue shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.
Added by 2019 Ga. Laws 275,§ 5, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1A - ABANDONED MOTOR VEHICLE ACT (§§ 40-11-11 — 40-11-19.5) › Section 40-11-19.4 - Development and publication of forms by the Council of Magistrate Court Judges; requirements

Any forms required to be made available by the Council of Magistrate Court Judges under this article shall be developed and published no later than September 1, 2019. Such forms shall be no longer than one page per form, front and back, and every effort shall be made to consolidate any required notice or mailing to a single page.
Added by 2019 Ga. Laws 275,§ 5, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 1A - ABANDONED MOTOR VEHICLE ACT (§§ 40-11-11 — 40-11-19.5) › Section 40-11-19.5 - Form for disclaimer of motor vehicle ownership interest

DISCLAIMER OF MOTOR VEHICLE OWNERSHIP INTEREST
Georgia, __________________ County
I, __________________ (name of motor vehicle owner) do hereby swear that I disclaim any and all ownership interest in:
__________________ (motor vehicle year, model, and make)
__________________ (vehicle identification number (VIN))
__________________ (vehicle registration number, if available)
I understand that by signing this form I will no longer hold any rights to the above listed vehicle and such vehicle may be sold at auction to satisfy a debt related to a lien filed against the vehicle.
I further understand that disclaiming an ownership interest in this vehicle does not relieve me of any other debts related to such vehicle, such as a debt entered into for the purchase of such vehicle.
By signing this form, I understand that I waive all future notices to which I am entitled under Article 1A of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, "The Abandoned Motor Vehicle Act."
__________________
Owner signature
Sworn to and subscribed in __________________ County, Georgia,
This __________________ (date)
Before me:
__________________
(Notary public signature, seal, and commission expiration date).
If you wish to disclaim ownership, return this completed and notarized form to __________________ (name and address of party owed fees).
Added by 2019 Ga. Laws 275,§ 5, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 2 - FORFEITURE OF VEHICLES AND COMPONENTS (§§ 40-11-20 — 40-11-22) › Section 40-11-20 - Items subject to civil forfeiture

The following items are declared to be contraband and are subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9:
(1)
Any motor vehicle the manufacturer's vehicle identification number of which has been removed, altered, defaced, falsified, or destroyed; and
(2)
Any component part of a motor vehicle the manufacturer's identification number of which has been removed, altered, defaced, falsified, or destroyed.
Amended by 2015 Ga. Laws 98,§ 3-25, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 2 - FORFEITURE OF VEHICLES AND COMPONENTS (§§ 40-11-20 — 40-11-22) › Section 40-11-21 - Assignment of new identification numbers prior to disposition of property

Prior to the property's being sold or returned to the owner or otherwise disposed of, the Department of Revenue shall assign it a new identification number. If the property is to be returned to the owner, the court shall order that such return is conditioned on the owner paying the expenses relating to the civil forfeiture, including the expenses of maintenance of custody, advertising, and court costs.
Renumbered from and amended by by 2015 Ga. Laws 98,§ 3-25, eff. 7/1/2015.
Amended by 2005 Ga. Laws 68,§ 21-7, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 11 - ABANDONED MOTOR VEHICLES (§§ 40-11-1 — 40-11-22) › Article 2 - FORFEITURE OF VEHICLES AND COMPONENTS (§§ 40-11-20 — 40-11-22) › Section 40-11-22 - through 40-11-24 - [Repealed]

Repealed by § Ga. L. 2015, p. 693, 3-25/HB 233, effective July 1, 2015.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 12 - ACTIONS AGAINST NONRESIDENTS (§§ 40-12-1 — 40-12-8) › Section 40-12-1 - Appointment of Secretary of State as agent for service of process on nonresidents; nonresident minor

(a)
The acceptance by any nonresident of this state, whether a person, firm, or corporation, of the rights and privileges conferred by the laws now or hereafter enforced in this state permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by any such nonresident anywhere within the territorial limits of this state, shall be deemed equivalent to the appointment by such nonresident of the Secretary of State of Georgia, or his successor in office, to be his true and lawful attorney in fact upon whom may be served all summonses or other lawful processes in any action or proceeding against any such nonresident growing out of any accident or collision in which any such nonresident may be involved by reason of the operation by him, for him, or under his control or direction, express or implied, of a motor vehicle anywhere within the territorial limits of the State of Georgia, and said acceptance or operation shall be a signification of his agreement that any such process against him shall be of the same legal force and validity as if served upon him personally.
(b)
If such nonresident motorist is a minor, then the minor and his parents or guardians shall be deemed to have assented to the appointment by such nonresident minor and his parents or guardians of the Secretary of State of Georgia, or his successor in office, to be the true and lawful attorney in fact for such minor and his parents or guardians, upon whom may be served any summons or other lawful process in any action or proceeding against such nonresident minor, his parents, or guardians growing out of any accident or collision in which any such nonresident minor may be involved by reason of the operation by him, for him, or under his control or direction, express or implied, of a motor vehicle anywhere within the territorial limits of the State of Georgia, and such acceptance or operation shall be a signification of his agreement or an agreement for him by his parents or guardians that any such process against him or them shall be of the same legal force and validity as if served upon him or them personally; and in this respect, the court wherein such action shall have been filed shall be authorized to appoint, upon motion duly made, a guardian ad litem for such minor for the purposes of defending such suit.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 12 - ACTIONS AGAINST NONRESIDENTS (§§ 40-12-1 — 40-12-8) › Section 40-12-2 - How service on nonresident made

Service of process upon a nonresident pursuant to Code Section
40-12-1
shall be made by serving a copy of the complaint or other pleading with summons attached thereto on the Secretary of State, his duly authorized agent, or his successor in office, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. Such service shall be sufficient service upon any such nonresident, provided that notice of such service and a copy of the complaint and process are forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff to the defendant, if his address is known, and the defendant's return receipt and the plaintiff's affidavit of compliance with this Code section are appended to the summons or other process and filed with the summons, complaint, and other papers in the case in the court wherein the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section
45-13-26
for service of process on him under this Code section.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 12 - ACTIONS AGAINST NONRESIDENTS (§§ 40-12-1 — 40-12-8) › Section 40-12-3 - Venue of actions against nonresidents; nonresident joint defendant

All actions brought under this chapter relating to the use of the highways of this state by nonresident motorists shall be brought in the county in which the accident or injury occurred or the cause of action originated, or in the county of the residence of the plaintiff, as the plaintiff in such action may elect, if the plaintiff in such action is a resident of the State of Georgia; and, if the plaintiff in such action is a nonresident of the State of Georgia, the action shall be brought in the county in this state in which the accident or injury occurred or the cause of action originated; and the courts in such counties having jurisdiction of tort actions shall have jurisdiction of all such nonresident users in actions arising under this chapter. Where an action for damages is brought against a resident of this state, any nonresident involved in the same accident or collision and who is suable under this chapter may be joined as a defendant in the county wherein the resident defendant is suable, and the jurisdiction of the court of and over such nonresident joint defendant shall not be affected or lost by reason of the fact that the jury returns a verdict in favor of such resident joint defendant although the accident, injury, or cause of action did not originate in the county wherein the action is brought.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 12 - ACTIONS AGAINST NONRESIDENTS (§§ 40-12-1 — 40-12-8) › Section 40-12-4 - Records to be kept by Secretary of State

The Secretary of State or his successor in office shall keep a record of all processes, which record shall show the day and hour of service upon him. When the return receipt for any such registered notice shall be returned to the Secretary of State, he shall deliver it to the plaintiff on request and keep a record of the date of its receipt by him and of its delivery to the plaintiff.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 12 - ACTIONS AGAINST NONRESIDENTS (§§ 40-12-1 — 40-12-8) › Section 40-12-5 - Certificate of service to be sent to clerk of court; time for answering complaint

The Secretary of State or his successor in office, within three days from the date of the service upon him of the summons or process provided for in this chapter, shall certify to the court in which the action is pending that the summons or process has been filed in his office as provided for in this chapter. Upon receipt of such certification by the clerk of the court in which the action is pending, the complaint shall be answered within 30 days after service of the summons and complaint upon him, unless the time for the appearance of the defendant shall be extended by an order of the court in order to allow the defendant ample opportunity to be heard.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 12 - ACTIONS AGAINST NONRESIDENTS (§§ 40-12-1 — 40-12-8) › Section 40-12-6 - Continuances

The court in which an action brought against a nonresident pursuant to this chapter is pending shall cause any such action to be continued as long as may be necessary to afford the defendant reasonable opportunity to defend the action.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 12 - ACTIONS AGAINST NONRESIDENTS (§§ 40-12-1 — 40-12-8) › Section 40-12-7 - Designation of employees to perform functions of Secretary of State

The Secretary of State is authorized and empowered to designate such of his employees as he deems necessary for the purposes of accepting service as provided in this chapter and performing all other duties and functions as provided in this chapter for the Secretary of State. Such designation shall be in writing, and all actions by any such person designated shall be as valid and binding as though performed by the Secretary of State himself. The power and authority of any such person so designated shall cease immediately upon such person's ceasing to be an employee of the Secretary of State.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 12 - ACTIONS AGAINST NONRESIDENTS (§§ 40-12-1 — 40-12-8) › Section 40-12-8 - Service upon personal representative

If any person upon whom service of process is authorized by this chapter shall die, or be or become insane, or shall not be sui juris, service shall be made upon his administrator, executor, guardian, or other personal representative in the manner prescribed in this chapter, if such administrator, executor, guardian, or personal representative is not a resident of this state.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 1 - UNIFORM TRAFFIC CITATION AND COMPLAINT FORM (§§ 40-13-1 — 40-13-4) › Section 40-13-1 - Form to be developed by commissioner of driver services; function; identifying number

The commissioner of driver services shall develop a uniform traffic citation and complaint form for use by all law enforcement officers who are empowered to enforce the traffic laws and ordinances in effect in this state. Such form shall serve as the citation, summons, accusation, or other instrument of prosecution of the offense or offenses for which the accused is charged, and as the record of the disposition of the matter by the court before which the accused is brought, and shall contain such other matter as the commissioner shall provide. Each such form shall have a unique identifying number which shall serve as the docket number for the court having jurisdiction of the accused.
Amended by 2005 Ga. Laws 68,§ 22-1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 1 - UNIFORM TRAFFIC CITATION AND COMPLAINT FORM (§§ 40-13-1 — 40-13-4) › Section 40-13-2 - System of accountability; procedures for use and issuance

The Board of Public Safety, by rule and regulation, shall establish a system of accountability for all traffic citations and complaints, and it shall also provide the procedures governing the use and issuance of such citations and complaints.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 1 - UNIFORM TRAFFIC CITATION AND COMPLAINT FORM (§§ 40-13-1 — 40-13-4) › Section 40-13-2.1 - Signature on citations required; effect of failure to sign; exemption for out-of-state drivers; electronic capture of signature

(a)
A person who is issued a citation as provided in this chapter or Code Section
17-6-11
, relating to display of driver's license in lieu of bail, shall sign the citation to acknowledge receipt of the citation and of his or her obligation to appear for trial. The officer shall advise the person that signing the citation is not an admission of guilt and that failure to sign will result in the person having to post a cash bond. If the person refuses to sign the citation, it shall constitute reasonable cause to believe that the person will not appear at trial and the officer may bring the person before a judicial officer or traffic violations bureau to post a bond as is otherwise provided by law.
(b)
The provisions of subsection (a) of Code Section
17-6-11
shall not apply to a person in possession of a driver's license issued by a state or foreign country or political subdivision of a foreign country that has not entered into a reciprocal agreement regarding the operation of motor vehicles with this state as provided in Chapter 5 of Title 40, which provides for the suspension of a driver's license by the other state or foreign country or political subdivision of a foreign country of a person who fails to appear for trial of a traffic offense committed in this state.
(c)
The signature of any person to whom a citation is issued may be captured electronically.
Amended by 2020 Ga. Laws 468,§ 2-5, eff. 6/30/2020.
Amended by 2010 Ga. Laws 633,§ 25, eff. 7/1/2010.