reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 2 - CERTIFICATES OF TITLE (§§ 40-3-20 — 40-3-43) › Section 40-3-30 - Requirement of compliance with federal safety standards

(a)
In addition to the reasons set forth in Code Section
40-3-29
, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with applicable federal motor vehicle safety standards issued pursuant to
49 U.S.C.A. Section 30101
, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation.
(b)
The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for such motor vehicles first titled in Georgia 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 title.
(c)
The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for former military motor vehicles that are less than 25 years old and manufactured for the United States military.
(d)
The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for converted motor vehicles as such term is defined in Code Section
40-3-30.1
.
Amended by 2020 Ga. Laws 498,§ 3, eff. 1/1/2021.
Amended by 2014 Ga. Laws 567,§ 3, eff. 7/1/2014.
Amended by 2002 Ga. Laws 972, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 2 - CERTIFICATES OF TITLE (§§ 40-3-20 — 40-3-43) › Section 40-3-31.1 - [Repealed] Replacement certificates of title for mobile homes

Repealed by 2003 Ga. Laws 184, § 2, eff. 5/31/2003.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 2 - CERTIFICATES OF TITLE (§§ 40-3-20 — 40-3-43) › Section 40-3-32.1 - Application for transfer of title to local tag agent by purchaser of manufactured home

In addition to any other requirements imposed by this chapter for the transfer of a certificate of title, the purchaser of a manufactured home shall submit an application for a transfer of title to the local tag agent in the county in which the manufactured home is to be installed, which application shall indicate the full serial number for such manufactured home and shall be accompanied by a certificate of the tax commissioner or tax collector of the county in which the manufactured home was previously installed, if different, stating that all ad valorem taxes assessed against such manufactured home have been paid. No new certificate of title shall be issued for a manufactured home unless all ad valorem taxes on such home have been paid.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 2 - CERTIFICATES OF TITLE (§§ 40-3-20 — 40-3-43) › Section 40-3-35 - When commissioner to issue new certificate to transferee; filing and retention of surrendered certificates

(a)
The commissioner or the commissioner's duly authorized county tag agent, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail the certificate to the first lienholder named in the application or, if none, to the owner.
(b)
The commissioner or the commissioner's duly authorized county tag agent, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the commissioner or the authorized county tag agent, the commissioner or authorized county tag agent shall make demand therefor from the holder thereof.
(c)
The commissioner or the commissioner's duly authorized county tag agent shall file and retain for five years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vehicle designated therein.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 2 - CERTIFICATES OF TITLE (§§ 40-3-20 — 40-3-43) › Section 40-3-36.1 - Designation of flood damaged or fire damaged vehicle on certificate of title

For any salvage motor vehicle which, after inspection, it is determined that repair to an operable condition does not require replacement of two or more major component parts but it is determined that the damage to the vehicle is a result of flood or fire shall be designated as flood damaged or fire damaged by the commissioner and such designation shall be indicated on the face of the certificate of title for such vehicle.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 2 - CERTIFICATES OF TITLE (§§ 40-3-20 — 40-3-43) › Section 40-3-38 - Fees

(a)
An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent.
(b)
An application for the naming of a lienholder on a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent.
(c)
The commissioner shall be paid a fee of $18.00 for the filing of an application for any certificate of title and for the filing of the notice of a security interest or a lien on vehicles not required by law to be titled in this state. The commissioner may, by appropriate regulation, provide for additional fees not to exceed $18.00 for the special handling of applications for certificates of title and related documents. The commissioner shall be paid a fee of $8.00 for the filing of an application for a replacement certificate of title. The fee for issuance of a replacement certificate of title shall be the same whether mailed or delivered to the commissioner or an agent.
(d)
The above fees shall be required of all applicants except the State of Georgia and the United States of America.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 2 - CERTIFICATES OF TITLE (§§ 40-3-20 — 40-3-43) › Section 40-3-39 - Compensation of tag agents; mailing of applications to department

The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section
40-2-23
and to allow such county tag agents to retain a fee therefor not in excess of 50¢ for each application handled, such fee to be disposed of as other tag fees retained by him or her as tag agent are disposed of in his or her county. Any applicant for a title shall have the right to mail the application directly to the department.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 2 - CERTIFICATES OF TITLE (§§ 40-3-20 — 40-3-43) › Section 40-3-40 - Reports and remittances by tag agents

(a)
All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the department is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money collected to which the department is entitled must be submitted to the commissioner within seven calendar days from the close of the business day during which such applications were handled and related sums of money collected.
(b)
Funds received as a result of handling title applications shall be considered trust funds in the hands of the tag agents until such time as they are paid over to the commissioner.
(c)
Failure to submit the reports or remit the funds within the seven-calendar-day period from the close of the business day as required by this Code section shall result in the penalties imposed by Code Section
48-2-44
.
(d)
Before the expiration of the time period within which a title report is required to be filed with the commissioner or funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner is authorized, upon a showing of justifiable cause, to grant up to a ten-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 day.
(e)
Proof of mailing within the appropriate time period 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 his duties as enumerated by this Code section.
Amended by 2005 Ga. Laws 68,§ 15-2, eff. 7/1/2005.
Amended by 2005 Ga. Laws 19,§ 40, eff. 4/7/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 2 - CERTIFICATES OF TITLE (§§ 40-3-20 — 40-3-43) › Section 40-3-41 - Suspension or revocation of certificates

(a)
The commissioner shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with Code Section
40-3-6
, when authorized by any other provision of law or if he finds:
(1)
The certificate of title was fraudulently procured or erroneously issued; or
(2)
The vehicle has been scrapped, dismantled, or destroyed.
(b)
Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
(c)
When the commissioner suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the commissioner.
(d)
The commissioner may seize and impound any certificate of title which has been suspended or revoked.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 2 - CERTIFICATES OF TITLE (§§ 40-3-20 — 40-3-43) › Section 40-3-42 - Postmark as proof of timely submission of documents; responsibility for collection of penalty for late submission

In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the application was timely submitted. Additionally, when the law provides for a penalty for the untimely submission of a title application, the responsibility for the collection of such penalty shall be that of the department.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 3 - SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES (§§ 40-3-50 — 40-3-61) › Section 40-3-50 - Perfection of security interests generally

(a)
Except as provided in Code Sections
11-9-303
,
11-9-316
, and
11-9-337
, the security interest in a vehicle of the type for which a certificate of title is required shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees, and the holders of security interests and liens on the vehicle by compliance with this chapter.
(b)
(1)
A security interest is perfected by delivery to the commissioner or to the county tag agent of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides, of the required fee and:
(A)
The existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest; or
(B)
A notice of security interest on forms prescribed by the commissioner.
(2)
The security interest is perfected as of the time of its creation if the initial delivery of the application or notice to the commissioner or local tag agent is completed within 30 days thereafter, regardless of any subsequent rejection of the application or notice for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application or notice. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder.
Amended by 2011 Ga. Laws 125,§ 1, eff. 7/1/2011.
Amended by 2001 Ga. Laws 191, § 32, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 3 - SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES (§§ 40-3-50 — 40-3-61) › Section 40-3-51 - Creation of security interest by owner

If the owner creates a security interest in a vehicle:
(1)
The owner shall immediately execute the application in the space provided therefor on the certificate of title or on a separate form that the commissioner prescribes, naming the holder of the security interest on the certificate and showing the name and address of the security interest holder, and shall cause the certificate, the application, and the required fee to be delivered to the security interest holder;
(2)
The security interest holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the commissioner or the commissioner's appropriate authorized county tag agent within 30 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the lien or security interest holder shall be required to pay a $10.00 penalty in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of title. If the documents are not properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner or authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this paragraph; and
(3)
Upon receipt of the certificate of title, the application, and the required fee, the commissioner or the commissioner's duly authorized county tag agent shall issue a new certificate containing the name and address of the holder of the security interest and of holders of previous unreleased security interests and liens, if any, and shall mail the certificate to the first holder on it. If more than one holder is named on the certificate, the first holder shall comply with subsection (b) of Code Section
40-3-26
in regard to notifying other holders of the content of the certificate.
Amended by 2008 Ga. Laws 727,§ 7, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 3 - SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES (§§ 40-3-50 — 40-3-61) › Section 40-3-55 - Assignment of security interests and liens

(a)
The holder of any security interest in or lien on a vehicle may assign, absolutely or otherwise, such holder's security interest or lien to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien, but any person without notice of the assignment is protected in dealing with the holder of the security interest or lien, and the holder of the security interest or lien remains liable for any obligations as such holder until the assignee is named as the holder of the security interest or lien on the certificate of title.
(b)
The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien, upon delivering to the commissioner or the commissioner's duly authorized county tag agent the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the commissioner prescribes, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. If the assignment refers to a security interest or lien which is reflected on the certificate of title and the certificate of title is in the possession of the first security interest holder or lienholder as provided by this chapter, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed, or a new certificate of title issued, by complying with Code Section
40-3-27
.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 3 - SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES (§§ 40-3-50 — 40-3-61) › Section 40-3-57 - Disclosure of information as to security interests and liens

The holder of any security interest or of any lien named in a certificate of title shall, on written request of the owner, or of another holder of any security interest or lien named in the certificate, or of an interested third party, or of the commissioner, disclose any pertinent information as to the security interest, the security agreement, and the debt secured thereby, and the lien and the amount for which it is claimed.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 3 - SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES (§§ 40-3-50 — 40-3-61) › Section 40-3-58 - Exclusiveness of chapter

The method provided in this chapter of perfecting and giving notice of security interests and liens with respect to motor vehicles as to which certificates of title need be obtained under this chapter is exclusive, and such security interests and liens are exempt from the provisions of law which otherwise require or relate to the recording or filing of security interests or liens, claims of lien executions, and other like instruments with respect to such vehicles.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 3 - SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES (§§ 40-3-50 — 40-3-61) › Section 40-3-59 - Certain security interests not affected

This chapter does not apply to or affect a security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale. A buyer in the ordinary course of trade from the manufacturer or dealer takes free of such security interest.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 3 - SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES (§§ 40-3-50 — 40-3-61) › Section 40-3-60 - Security interest not created by provision for adjustment of rental price

Notwithstanding any other provision of law, in the case of a motor vehicle or trailer, a transaction does not create a sales or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 3 - SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES (§§ 40-3-50 — 40-3-61) › Section 40-3-61 - Proceeds of insurance policy to multiple lienholders in event of total loss of vehicle

Notwithstanding any other provision of law to the contrary, in any claim involving the total loss of a vehicle which is subject to more than one perfected security interest or lien as recorded on the title of the vehicle, the proceeds of the insurance policy shall be first applied to the debt owed to the first lienholder. In the event that there are proceeds remaining after satisfying the first lienholder, the proceeds shall be then applied to the debt owed to the second and subsequent lienholders in order of priority and any proceeds remaining after the satisfaction of all such recorded liens shall be paid to the insured. If the amount of debt secured by such security interests or liens or the seniority of such security interests or liens is in doubt, any remaining funds shall be deposited with the court and a complaint for interpleader shall be filed in accordance with Code Section
9-11-22
.
Added by 2002 Ga. Laws 842, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 4 - OFFENSES (§§ 40-3-90 — 40-3-95) › Section 40-3-90 - Certain acts declared felonies

A person who, with fraudulent intent:
(1)
Alters, forges, or counterfeits a certificate of title;
(2)
Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed;
(3)
Has possession of or uses a certificate of title knowing it to have been altered, forged, or counterfeited;
(4)
Uses a false or fictitious name or address or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title;
(5)
Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by Code Section
40-3-27
;
(6)
Knowingly falsifies any information on the statement required by paragraph (2) of subsection (a) of Code Section
40-3-36
; or
(7)
Willfully violates any other provision of this chapter after having previously violated the same or any other provision of this chapter and having been convicted of that act in a court of competent jurisdiction
shall be guilty of a felony.
Amended by 2011 Ga. Laws 89,§ .2, effective only upon the effective date of a specific appropriation of funds for the purposes of Section .2 of 2011 Ga. Laws 89, as expressed in a line item making specific reference to the full funding of such section in an appropriations Act enacted by the General Assembly.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 4 - OFFENSES (§§ 40-3-90 — 40-3-95) › Section 40-3-91 - Certain acts declared misdemeanors

(a)
A person who:
(1)
With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;
(2)
Willfully fails to mail or deliver a certificate of title to the commissioner or to the purchaser of the motor vehicle or a release of security interest or lien to the owner within ten days of the time required by this chapter, except as provided in Code Section
40-3-90
;
(3)
Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice, as provided for in Code Section
40-3-27
or
40-3-52
; or
(4)
Willfully violates any other provision of this chapter
shall be guilty of a misdemeanor.
(b)
Any person, firm, or corporation which knowingly makes any false statement in any title application as to the date a vehicle was sold or acquired or as to the date of creation of a security interest or lien shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days.
(c)
Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 4 - OFFENSES (§§ 40-3-90 — 40-3-95) › Section 40-3-92 - False report of theft or conversion

A person who knowingly makes a false report to a peace officer or the commissioner of the theft or conversion of a vehicle shall be guilty of a misdemeanor of a high and aggravated nature.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 4 - OFFENSES (§§ 40-3-90 — 40-3-95) › Section 40-3-93 - Evidence of criminal intent or knowledge

In a prosecution for a crime specified in this chapter, evidence that the defendant has committed a prior act or acts of the same kind is admissible to prove criminal intent or knowledge.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 4 - OFFENSES (§§ 40-3-90 — 40-3-95) › Section 40-3-94 - Penalties

Unless another penalty is provided in this chapter:
(1)
A person convicted of a felony for the violation of a provision of this chapter shall be punished by a fine of not less than $500.00 nor more than $5,000.00, or by imprisonment for not less than one year nor more than five years, or by both such fine and imprisonment;
(2)
A person convicted of a misdemeanor for the violation of a provision of this chapter shall be punished as provided in Code Section
17-10-3
.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 3 - CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS (§§ 40-3-1 — 40-3-95) › Article 4 - OFFENSES (§§ 40-3-90 — 40-3-95) › Section 40-3-95 - Effect on other laws

The penal provisions of this chapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 1 - IDENTIFICATION OF PASSENGER CARS, TRUCK CHASSIS, AND COMPONENTS (§§ 40-4-1 — 40-4-7) › Section 40-4-1 - Definitions

As used in this article, the term:
(1)
"Component" means a passenger car engine or a passenger car transmission.
(2)
"New passenger car" means any passenger car which has never been the subject of a sale at retail to the general public.
(3)
"Passenger car" means every motor vehicle designed for carrying ten passengers or less except trackless trolleys or vehicles used exclusively upon streetcar rails or tracks or overhead trolley wires.
(4)
"Used passenger car" means any passenger car which has been the subject of a sale at retail to the general public.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 1 - IDENTIFICATION OF PASSENGER CARS, TRUCK CHASSIS, AND COMPONENTS (§§ 40-4-1 — 40-4-7) › Section 40-4-2 - Application of article

(a)
The provisions of this article requiring vehicle identification numbers on passenger cars and truck chassis with features designed for specialized requirements of a wrecker shall apply only to such items manufactured after January 1, 1967, and designated by the manufacturer as a 1968 or subsequent model.
(b)
This article shall not apply to motorcycles, personal transportation vehicles, motor driven cycles, school buses, farm tractors, buses, truck tractors, road tractors, trucks, trailers, semitrailers, pole trailers, streetcars, or go-carts or to any vehicle whether self-propelled or not which is not required to be issued a license plate under the laws of this state.
(c)
This article shall not apply to the following special purpose vehicles:
Type 1. Truck chassis with body (other than station wagon or bus body) designed primarily for the transportation of persons;
Type 2. Truck chassis with other features designed for a specialized requirement other than a wrecker, including but not limited to fire fighting or snowplow features;
Type 3. Truck chassis with station wagon body;
Type 4. Passenger car chassis with body designed for the commercial transportation of persons;
Type 5. Bus chassis with other features designed for a specialized requirement, including but not limited to mobile laboratory, office, post office, classroom, studio, rescue unit, or library features;
Type 6. Utility vehicle, being a motor vehicle with a removable top, designed for carrying passengers or cargo and with particular features for operation both on highway and cross-country.
(d)
This article shall not apply to the components of any vehicle excluded by subsection (b) or (c) of this Code section.
Amended by 2014 Ga. Laws 629,§ 5, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 1 - IDENTIFICATION OF PASSENGER CARS, TRUCK CHASSIS, AND COMPONENTS (§§ 40-4-1 — 40-4-7) › Section 40-4-3 - Identification numbers required

(a)
New passenger cars and components manufactured within state.
After January 1, 1997, new passenger cars, truck chassis with features designed for specialized requirements of wreckers, passenger car engines, and transmissions, as specified in this article, manufactured within this state and intended for sale to the general public within this state, shall be required to have placed upon them vehicle identification numbers and component identification numbers. The vehicle identification number shall not be the same as the vehicle identification number of any other passenger car or truck chassis manufactured by the same manufacturer. The component identification number shall not be the same as the component identification number for any other like component manufactured by the same manufacturer but may be the same as the vehicle identification number if the component is installed as original equipment in the passenger car or truck chassis.
(b)
New passenger cars sold within state.
After January 1, 1997, no new passenger car or truck chassis with features designed for specialized requirements of a wrecker shall be sold to the general public in this state unless such passenger car shall bear a vehicle identification number, which shall not be the same as the vehicle identification number of any other passenger car made by the same manufacturer.
(c)
New components sold within state.
After January 1, 1967, no new passenger car engine or passenger car transmission shall be sold to the general public in this state unless it shall bear an identification number. The component identification number shall not be the same as the identification number for any other like passenger car component made by the same manufacturer but may be the same as the vehicle identification number if the particular component has been installed as original equipment in the passenger car prior to its sale to the general public.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 1 - IDENTIFICATION OF PASSENGER CARS, TRUCK CHASSIS, AND COMPONENTS (§§ 40-4-1 — 40-4-7) › Section 40-4-4 - How identification numbers affixed; size and appearance

(a)
The identification numbers required by Code Section
40-4-3
shall be placed upon the passenger car, truck chassis, and component parts by the manufacturer thereof.
(b)
The identification numbers shall be placed upon the passenger car, truck chassis, and components in such a manner that any attempt to remove, alter, deface, obliterate, or destroy them will be ascertainable. The numbers may be affixed by any suitable manufacturing process that will result in the numbers becoming a permanent part of the passenger car or component.
(c)
The identification numbers shall be of a height and width easily readable by the naked eye. They may consist of letters, digits, or any combination of them.
(d)
The identification numbers may be in accordance with recommended practices approved by the Society of Automotive Engineers as to material, lettering, manufacturing, and installation.
(e)
Vehicle identification numbers shall be easily accessible for inspection.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 1 - IDENTIFICATION OF PASSENGER CARS, TRUCK CHASSIS, AND COMPONENTS (§§ 40-4-1 — 40-4-7) › Section 40-4-5 - Identification of truck chassis with features designed for specialized requirements of wreckers

Truck chassis with features designed for specialized requirements of a wrecker manufactured after January 1, 1967, but before January 1, 1997, shall, at the time the vehicle is first registered on or after January 1, 1997, pursuant to Code Section
40-2-21
, be issued by the Department of Revenue a unique vehicle identification number which shall be affixed to and maintained upon the chassis by the owner in a manner consistent with the requirements of subsections (b) and (e) of Code Section
40-4-4
.
Amended by 2005 Ga. Laws 68,§ 16-1, 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 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 1 - IDENTIFICATION OF PASSENGER CARS, TRUCK CHASSIS, AND COMPONENTS (§§ 40-4-1 — 40-4-7) › Section 40-4-5.1 - Identification requirements for personal transportation vehicles

(a)
On or after July 1, 2014, on every newly manufactured personal transportation vehicle, the manufacturer shall inscribe a permanent, durable, corrosion-resistant name plate or marking which contains a unique serial number, name of manufacturer, model name or code, date code, contact information, nominal system voltage, fuel type, and load capacity.
(b)
The name plate or marking shall be of a height and width easily readable by the naked eye. The unique serial number may consist of letters, digits, or any combination of letters and digits.
(c)
The name plate shall be easily accessible for inspection.
Added by 2014 Ga. Laws 629,§ 6, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 1 - IDENTIFICATION OF PASSENGER CARS, TRUCK CHASSIS, AND COMPONENTS (§§ 40-4-1 — 40-4-7) › Section 40-4-6 - Records to be kept by purchasers and sellers of used passenger cars, truck chassis, and components

Any person who purchases or sells or offers for sale any used passenger car, truck chassis, engine, or transmission required to be numbered by this article shall keep a permanent record of such transactions. Such record shall include: the item and its identification number or numbers; the name and address of the person from whom the item was purchased; and the name and address of the person to whom the item was sold. Such record shall be kept for three years from the date of the transaction and shall be available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 1 - IDENTIFICATION OF PASSENGER CARS, TRUCK CHASSIS, AND COMPONENTS (§§ 40-4-1 — 40-4-7) › Section 40-4-7 - Penalties

(a)
Sale, shipment, or manufacture of unnumbered passenger car or component.
Any person who sells or offers for sale in this state, ships or causes to be shipped into this state, or manufactures with the intention that it shall be sold at retail in this state a passenger car, truck chassis, passenger car engine, or passenger car transmission that does not bear an identification number or numbers as required by this article shall be guilty of a misdemeanor.
(b)
Failure to keep records.
Any person who purchases, sells, or offers for sale any passenger car, truck chassis, passenger car engine, or passenger car transmission that is required by this article to bear an identification number when intended to be sold at wholesale or retail within this state and who willfully fails to keep the records required by Code Section
40-4-6
shall be guilty of a misdemeanor for each such failure.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 2 - ALTERATION OR REMOVAL OF IDENTIFICATION NUMBERS (§§ 40-4-20 — 40-4-23) › Section 40-4-20 - Definitions

As used in this article, the term:
(1)
"Falsify" includes alter or forge.
(2)
"Identification number" means an identifying number, serial number, engine number, or other distinguishing number or mark placed on a vehicle or engine by its manufacturer or by authority of the commissioner or in accordance with the laws of another state or country.
(3)
"Remove" includes deface or destroy.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 2 - ALTERATION OR REMOVAL OF IDENTIFICATION NUMBERS (§§ 40-4-20 — 40-4-23) › Section 40-4-21 - Removal or falsification of identification number

(a)
A person who willfully removes, except in conformance with Code Section
40-3-35
, or falsifies an identification number of a vehicle or an engine for a vehicle is guilty of a misdemeanor.
(b)
A person who, willfully and with intent to misrepresent the identity of a vehicle or engine, removes or falsifies an identification number of the vehicle or engine with intent to convert or defraud is guilty of a felony. A person convicted of a felony under this subsection shall be punished by a fine of not less than $500.00 nor more than $5,000.00, or by imprisonment for not less than one year nor more than five years, or by both such fine and imprisonment.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 2 - ALTERATION OR REMOVAL OF IDENTIFICATION NUMBERS (§§ 40-4-20 — 40-4-23) › Section 40-4-22 - Buying, selling, receiving, concealing, using, possessing, or disposing of motor vehicle or part thereof from which identification has been removed or altered

(a)
It shall be unlawful to buy, sell, receive, dispose of, conceal, use, or possess any motor vehicle, or any part thereof, from which the manufacturer's serial numbers or other distinguishing numbers or identifying marks have been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of such motor vehicle.
(b)
Any person who knowingly violates any provisions of subsection (a) of this Code section is guilty of a felony and, upon conviction, shall be punished by confinement in the penitentiary for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 2 - ALTERATION OR REMOVAL OF IDENTIFICATION NUMBERS (§§ 40-4-20 — 40-4-23) › Section 40-4-23 - When identification number not deemed falsified

An identification number may be placed on a vehicle or engine by its manufacturer in the regular course of business or placed or restored on a vehicle or engine by authority of the commissioner without violating this article. An identification number so placed or restored is not falsified.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 3 - PURCHASE AND RESALE OF USED MOTOR VEHICLES, USED PARTS, AND FARM TRACTORS (§§ 40-4-40 — 40-4-45) › Section 40-4-40 - Records to be kept by persons purchasing used motor vehicles or parts for resale

Any person who purchases a used motor vehicle or any used part comprising a component part of any motor vehicle for resale shall keep an accurate record of the date of purchase, the price paid, and the name and address of the person from whom the vehicle or part is purchased. Such information shall be maintained in permanent records for a period of not less than one year and shall be open to inspection by appropriate law enforcement officers.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 3 - PURCHASE AND RESALE OF USED MOTOR VEHICLES, USED PARTS, AND FARM TRACTORS (§§ 40-4-40 — 40-4-45) › Section 40-4-41 - Duty of purchaser of vehicle or part from which identification has been removed or altered

Any person who purchases for resale a motor vehicle or used part from which the identification markings or plates have been removed, altered, mutilated, or destroyed shall immediately report such purchase to the sheriff of the county in which such person conducts his business.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 3 - PURCHASE AND RESALE OF USED MOTOR VEHICLES, USED PARTS, AND FARM TRACTORS (§§ 40-4-40 — 40-4-45) › Section 40-4-42 - Presumption that vehicles and parts were purchased for resale

The possession of the motor vehicles and parts covered by Code Sections
40-4-40
,
40-4-41
, this Code section, 40-4-43, and 40-4-44 shall be prima-facie evidence that they were purchased for the purpose of resale.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 3 - PURCHASE AND RESALE OF USED MOTOR VEHICLES, USED PARTS, AND FARM TRACTORS (§§ 40-4-40 — 40-4-45) › Section 40-4-43 - Penalty for violation of Code Section 40-4-40 or Code Section 40-4-41

Any person who fails to comply with any provision of Code Section
40-4-40
or
40-4-41
shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 3 - PURCHASE AND RESALE OF USED MOTOR VEHICLES, USED PARTS, AND FARM TRACTORS (§§ 40-4-40 — 40-4-45) › Section 40-4-44 - Certain parts excepted from application of Code Sections 40-4-40 through 40-4-43

Code Sections
40-4-40
through
40-4-43
shall not apply to the purchase of any motor vehicle part which may be removed from a motor vehicle by an individual possessing the ordinary skill and dexterity of an ordinary motor vehicle owner.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 4 - IDENTIFICATION OF AND PURCHASE AND RESALE OF MOTOR VEHICLES AND PARTS (§§ 40-4-1 — 40-4-45) › Article 3 - PURCHASE AND RESALE OF USED MOTOR VEHICLES, USED PARTS, AND FARM TRACTORS (§§ 40-4-40 — 40-4-45) › Section 40-4-45 - Sale of farm tractors

(a)
As used in this Code section, the term:
(1)
"Certificate of origin" means the evidence of origin of title of a farm tractor from the manufacturer. It shall show the following information:
(A)
The name and the address of the manufacturer;
(B)
The serial number of the farm tractor; and
(C)
The year, make, and model of the farm tractor.
(2)
"Dealer" means a person engaged in buying, selling, trading, or exchanging farm tractors who has an established place of business in this state.
(3)
"Farm tractor" means any self-propelled vehicle having more than 15 horsepower designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
(4)
"Person" means a natural person, firm, partnership, association, or corporation.
(5)
"Serial number" means the number or letters, or both, placed on a farm tractor by stamping thereon or by affixing a plate thereto by the manufacturer for the purpose of identifying the tractor.
(b)
It shall be unlawful for any dealer to sell, trade, or exchange any farm tractor in this state which was manufactured after July 1, 1970, unless:
(1)
The original serial number is stamped upon or affixed to the farm tractor; and
(2)
The certificate of origin is presented to the purchaser, or to the person who otherwise receives the farm tractor through an exchange or trade with the dealer, at the time the sale, trade, or exchange is completed.
(c)
Any person violating any provision of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 5 - DRIVERS' LICENSES (§§ 40-5-1 — 40-5-179) › Article 1 - GENERAL PROVISIONS (§§ 40-5-1 — 40-5-10) › Section 40-5-3 - Department employees to be appointed as notaries public

The commissioner shall cause designated employees of the department to be appointed as notaries public, in accordance with Chapter 17 of Title 45, for the purpose of performing the notarial acts required by this chapter, free of charge to applicants.