2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 2 - Registration and Licensing of Motor Vehicles
Article 4 - Vehicles of Nonresidents
§ 40-2-95. Code Sections 40-2-91 Through 40-2-93 Inapplicable to Motor Vehicles for Hire
No reciprocal agreement shall be made or approved under Code Sections 40-2-91 through 40-2-93 which relate to motor vehicles operated for hire, nor shall Code Sections 40-2-91 through 40-2-93 apply to such vehicles.
(Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 216, § 5; Code 1933, § 68-220; Ga. L. 1990, p. 2048, § 2.)
RESEARCH REFERENCES
ALR.
- State regulation of motor vehicle rental ("you-drive") business, 60 A.L.R.4th 784.
ARTICLE 5 UNREGISTERED MOTOR TRUCKS
OPINIONS OF THE ATTORNEY GENERAL
Other state not in reciprocity imposing highway use tax.- Truck or trailer must carry the license plate of the state from which the truck or trailer operates and should not be allowed to carry plates of other states; however, if the trucks or trailers do operate with license plates from more than one state and one of the states imposes a highway use tax and is not in reciprocity with the State of Georgia, then the tax imposed under the unregistered motor truck provisions is applicable to that truck or trailer. 1954-56 Op. Att'y Gen. p. 475.
Reciprocity determined by examining agreement.- In order to determine whether or not a motor vehicle is entitled to reciprocity while operating in Georgia, it is necessary to examine the reciprocity agreement that this state has with the state in which that vehicle is based. 1965-66 Op. Att'y Gen. No. 66-227.
Trucks which are not subject to registration.- Motor trucks employed by a person, firm, or corporation for the transportation of merchandise in the conduct of that person's or its own business, and which are not for hire, are not subject to or required to be registered. 1954-56 Op. Att'y Gen. p. 484.
Trailers not entitled to tax reduction.
- Trailers liable for tax are not entitled to reduction in this tax under Ga. L. 1937-38, Ex. Sess., p. 259. 1954-56 Op. Att'y Gen. p. 476 (see now O.C.G.A. § 40-2-151).
Jury trial for violation of article.
- Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 2, § 6 (see now O.C.G.A. § 40-2-114) contemplated a trial by jury and a conviction or acquittal of persons accused of violating the provisions of the unregistered motor trucks law (see now O.C.G.A. Art. 5, Ch. 2, T. 40); therefore, it would be necessary for a warrant to be sworn out against an alleged violator and a trial held in a court with appropriate jurisdiction. 1954-56 Op. Att'y Gen. p. 476.
RESEARCH REFERENCES
Am. Jur. 2d.
- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 27 et seq.
