2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 2 - Registration and Licensing of Motor Vehicles
Article 7 - Motor Vehicle License Fees and Classes
§ 40-2-168. Registration and Licensing of Taxicabs and Limousines; Issuance of Distinctive License Plate

Owners of a taxicab or limousine, prior to commencing operation in this state, shall, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, and the payment of an annual registration fee of $25.00, be issued a distinctive license plate by the commissioner. Such distinctive license plate shall be designed by the commissioner and displayed on the vehicle as provided in Code Section 40-2-41. The certificate of registration shall be kept in the vehicle. Revalidation decals shall be issued, upon payment of fees required by law, in the same manner as provided for general issue license plates. Such license plates shall be transferred from one vehicle to another vehicle of the same class and acquired by the same person as provided in Code Section 40-2-42. For all existing registrations, except during the owner's registration period as provided in Code Section 40-2-21, the commissioner shall exchange and replace any current and valid registration and license plate at no charge to the owner. Such license plates shall not be issued to any owner of a taxicab or limousine, as such term is defined in paragraph (4) of Code Section 40-1-151, that is not properly licensed as such by the Department of Public Safety or a political subdivision of this state.

(Code 1981, §40-2-168, enacted by Ga. L. 2010, p. 143, § 6/HB 1005; Ga. L. 2015, p. 1262, § 4/HB 225.)

The 2015 amendment, effective July 1, 2016, designated the previously existing provisions of this Code section as subsection (a); in subsection (a), deleted the former sixth sentence, which read "The transition period shall commence on May 20, 2010, and conclude no later than December 31, 2010, for all existing registrations.", and added the last sentence; and added subsection (b).

- Pursuant to Code Section 28-9-5, in 2017, the subsection (a) designation was deleted.

- Former subsection (b), relating to for-hire vehicles, was repealed on its own terms effective July 1, 2017.

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

• 40-3-1. Short title.
• 40-3-2. Definitions.
• 40-3-3. Powers and duties of commissioner.
• 40-3-4. Exclusions from issuance of certificate of title.
• 40-3-5. Stolen, converted, and recovered vehicles.
• 40-3-6. Hearings; judicial review.

• 40-3-20. Certificate of title prerequisite to registration; documentation required to register a vehicle purchased outside state.
• 40-3-21. Application for first certificate of title.
• 40-3-21.1. Conditional titles; requirements.
• 40-3-22. Examination of records.
• 40-3-23. Issuance of certificate of title; maintenance of record of certificates issued; public inspection; furnishing records for fee.
• 40-3-24. Contents of certificate; certificate as evidence; not subject to garnishment or other process.
• 40-3-25. Entry of odometer reading on certificate of title upon sale or transfer of vehicle.
• 40-3-25.1. Redesignated.
• 40-3-26. Delivery of certificate; notice to junior security interest holders and lienholders; disposition of certificate when first lien or security interest satisfied.
• 40-3-27. General procedure for reflecting a subsequent transaction on certificate.
• 40-3-28. Registration of vehicle where commissioner not satisfied as to ownership of vehicle; bond.
• 40-3-29. Refusing certificate.
• 40-3-29.1. Redesignated.
• 40-3-30. (For effective date, see note.) Requirement of compliance with federal safety standards.
• 40-3-30.1. (For effective date, see note.) Standards for issuance to assembled motor vehicle and motorcycle or converted motor vehicle; inspections.
• 40-3-31. Lost, stolen, mutilated, or destroyed certificates.
• 40-3-31.1. Replacement certificates of title for mobile homes [Repealed].
• 40-3-32. Transfer of vehicle generally.
• 40-3-32.1. Application for transfer of title to local tag agent by purchaser of manufactured home.
• 40-3-33. Transfer of vehicle to or from dealer; records to be kept by dealers; electronic filing; application for title where dealer located.
• 40-3-34. Transfer of vehicle by operation of law; termination of interest; joint interest with right of survivorship.
• 40-3-35. When commissioner to issue new certificate to transferee; filing and retention of surrendered certificates.
• 40-3-35.1. Redesignated.
• 40-3-35.2. Duty of Georgia Bureau of Investigation to inspect certain motor vehicles; authority to employ persons to carry out such inspections [Repealed].
• 40-3-36. Cancellation of certificate of title for scrap, dismantled, or demolished vehicles or trailers; salvage certificate of title; administrative enforcement; removal of license plates.
• 40-3-36.1. Designation of flood damaged or fire damaged vehicle on certificate of title.
• 40-3-37. Salvaged or rebuilt motor vehicles; inspections; fees; exemption of motorcycles; glider kits.
• 40-3-38. Fees.
• 40-3-39. Compensation of tag agents; mailing of applications to department.
• 40-3-40. Reports and remittances by tag agents.
• 40-3-41. Suspension or revocation of certificates.
• 40-3-42. Postmark as proof of timely submission of documents; responsibility for collection of penalty for late submission.
• 40-3-43. Transfer of certificate to person, firm, or corporation paying total loss claim on stolen vehicle; administrative fine enforcement alternative; authority of Commissioner of Insurance.

• 40-3-50. Perfection of security interests generally.
• 40-3-51. Creation of security interest by owner.
• 40-3-52. Perfection of second or subsequent security interests.
• 40-3-53. Perfection and enforcement of liens generally.
• 40-3-54. Mechanics' liens; how asserted and foreclosed.
• 40-3-55. Assignment of security interests and liens.
• 40-3-56. Satisfaction of security interests and liens.
• 40-3-57. Disclosure of information as to security interests and liens.
• 40-3-58. Exclusiveness of chapter.
• 40-3-59. Certain security interests not affected.
• 40-3-60. Security interest not created by provision for adjustment of rental price.
• 40-3-61. Proceeds of insurance policy to multiple lienholders in event of total loss of vehicle.

• 40-3-90. Certain acts declared felonies.
• 40-3-91. Certain acts declared misdemeanors.
• 40-3-92. False report of theft or conversion.
• 40-3-93. Evidence of criminal intent or knowledge.
• 40-3-94. Penalties.
• 40-3-95. Effect on other laws.

- Applicability of filing requirements of Uniform Commercial Code, § 11-9-310.

Liens upon motor vehicles for failure to pay overweight assessment citation, § 32-6-27.

Lien against improperly parked motor vehicle for expenses of removal and storage thereof, § 44-1-13.

- Since the purpose of Ga. L. 1990, p. 2048, was to "revise, reorganize, modernize, consolidate, and clarify" laws relating to certain aspects of the motor vehicle code, wherever it was possible to do so, other Acts amending Title 40 were construed in conjunction with Ga. L. 1990, p. 2048. This construction particularly includes Acts amending a given Code section when the Code section was later renumbered or redesignated by Ga. L. 1990, p. 2048.

- Certificate of Title Applications, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Registration and Licensing of Vehicles, Subject 375-2-12.

Scrapped Vehicles, Under the Motor Vehicles Certificate of Title Act, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Motor Vehicle Division, Chapter 560-10-13.

- For article on choice-of-law of contracts in Georgia, see 21 Mercer L. Rev. 389 (1970). For article surveying Georgia cases dealing with commercial law from June 1977 through May 1978, see 30 Mercer L. Rev. 15 (1978). For article surveying recent legislative and judicial developments regarding Georgia's insurance laws, see 31 Mercer L. Rev. 117 (1979). For note discussing the "Motor Vehicle Certificate of Title Act" and its impact, see 13 Mercer L. Rev. 258 (1961). For comment on Maley v. National Acceptance Co., 250 F. Supp. 841 (N.D. Ga. 1966), see 3 Ga. St. B.J. 248 (1966).

JUDICIAL DECISIONS

Commercial law and motor vehicle provisions construed in pari materia.

- Georgia Motor Vehicle Certificate of Title Act (see now O.C.G.A. § 40-3-1 et seq.) and the Uniform Commercial Code (see now O.C.G.A. T. 11) were adopted at the same session of the General Assembly, relate in part to the same subject matter, and must be construed in pari materia. GMAC v. Whisnant, 387 F.2d 774 (5th Cir. 1968).

- Manifest purpose of the Georgia Motor Vehicle Certificate of Title Act (see now O.C.G.A. § 40-3-1 et seq.) is to provide a comprehensive system, with few specific exceptions, for the central recordation of ownership, security interests, and liens in all motor vehicles registered and regularly in use in this state. First Nat'l Bank & Trust Co. v. Smithloff, 119 Ga. App. 284, 167 S.E.2d 190 (1969).

Two of the more important purposes of the Georgia Motor Vehicle Certificate of Title Act (see now O.C.G.A. § 40-3-1 et seq.) are: (1) to prevent traffic in stolen cars by providing an exclusive means of transfer which is recorded in a central location and can be verified quickly and easily; and (2) to provide a means for purchasers of automobiles to ascertain the entire interest of the seller by referring to the face of a single instrument. Flatau v. Bank of Banks County (In re Stewart), 9 Bankr. 32 (Bankr. M.D. Ga. 1980).

- Georgia Motor Vehicle Certificate of Title Act (see now O.C.G.A. § 40-3-1 et seq.) must be strictly construed and enforced, especially in those instances where third party interests are involved. Flatau v. Bank of Banks County (In re Stewart), 9 Bankr. 32 (Bankr. M.D. Ga. 1980).

- Georgia Motor Vehicle Certificate of Title Act (see now O.C.G.A. § 40-3-1 et seq.) provided a simple statutory method of proving the ownership to motor vehicles, but it was not exclusive. It did not change the existing case law as to the manner in which ownership of chattels, including automobiles, could be proven. Hightower v. Berlin, 129 Ga. App. 246, 199 S.E.2d 335 (1973); Owensboro Nat'l Bank v. Jenkins, 173 Ga. App. 775, 328 S.E.2d 399 (1985); GECC v. Catalina Homes, Inc., 178 Ga. App. 319, 342 S.E.2d 734 (1986).

- With respect to automobiles not covered by the Georgia Motor Vehicle Certificate of Title Act (see now O.C.G.A. § 40-3-1 et seq.), the rule applicable to personal property in general, that possession thereof constituted presumptive evidence of ownership, was applicable to automobiles. Wreyford v. Peoples Loan & Fin. Corp., 111 Ga. App. 221, 141 S.E.2d 216 (1965).

- Even though the provisions of the Georgia Motor Vehicle Certificate of Title Act (see now O.C.G.A. § 40-3-1 et seq.) may be mandatory in some situations, transactions between the parties themselves are excepted from those provisions. Goger v. King, 17 Bankr. 64 (Bankr. N.D. Ga. 1981).

- Only way to perfect a security in motor vehicles was by filing under the Georgia Motor Vehicle Certificate of Title Act (see now O.C.G.A. § 40-3-1 et seq.). Staley v. Phelan Fin. Corp., 116 Ga. App. 1, 156 S.E.2d 201 (1967), but see In re Chappell, 224 Bankr. 507 (Bankr. M.D. Ga. 1998).

When bank financed purchase of car by car-leasing business, the correct avenue for perfecting of the bank's security interest in the car was through the procedure set forth in O.C.G.A. Ch. 3, T. 40 as opposed to filing of the bank's financial statement under procedures established by the U.C.C. United Carolina Bank v. Capital Auto. Co., 163 Ga. App. 796, 294 S.E.2d 661 (1982).

- Perfection of security interests under the Georgia Motor Vehicle Certificate of Title Act (see now O.C.G.A. § 40-3-1 et seq.) served purpose of giving notice to subsequent creditors. In re Firth, 363 F. Supp. 369 (M.D. Ga. 1973).

- Registration requirements of the Georgia Motor Vehicle Certificate of Title Act (see now O.C.G.A. § 40-3-1 et seq.) minimize lienholder's burden in identifying the necessary parties to be served. Imperial Body Works, Inc. v. Waters, 156 Ga. App. 887, 275 S.E.2d 822 (1981).

- When an agreement is made to sell an automobile for cash, and on delivery of the automobile a check is given for the purchase price as between the vendor and the vendee, and in the absence of an express agreement to the contrary, the title to the automobile does not pass until the check is presented to and paid by the bank in the usual course of business. Wreyford v. Peoples Loan & Fin. Corp., 111 Ga. App. 221, 141 S.E.2d 216 (1965).

- Mere possession alone by one who is not shown on the face of the certificate of registration issued by the Revenue Commissioner to be the owner, and in the absence of a properly executed assignment and warranty of title, is not sufficient to authorize another dealing with the possessor to treat that person as the owner thereof. Wreyford v. Peoples Loan & Fin. Corp., 111 Ga. App. 221, 141 S.E.2d 216 (1965).

Cited in Guardian Disct. Co. v. Settles, 114 Ga. App. 418, 151 S.E.2d 530 (1966); Johnson v. Dempsey, 117 Ga. App. 722, 161 S.E.2d 889 (1968); Lawrence v. Harding, 225 Ga. 148, 166 S.E.2d 336 (1969); Central Chevrolet, Inc. v. Lawhorn, 120 Ga. App. 650, 171 S.E.2d 774 (1969); Freeman v. Ryder Truck Lines, 244 Ga. 80, 259 S.E.2d 36 (1979); Harris v. Ford Motor Credit Co. (In re Smith), 10 Bankr. 883 (M.D. Ga. 1981).

OPINIONS OF THE ATTORNEY GENERAL

Business trust.

- Georgia law does not permit a certificate of title to be held in the name of a business trust. 1997 Op. Att'y Gen. No. 97-28.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 29 et seq.

- 60 C.J.S., Motor Vehicles, § 96 et seq.

- Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle, or licensing of operator, 61 A.L.R. 1190; 78 A.L.R. 1028; 87 A.L.R. 1469; 111 A.L.R. 1258; 163 A.L.R. 1375.

ARTICLE 1 GENERAL PROVISIONS

Administrative Rules and Regulations.

- Certificate of Title Applications, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Registration and Licensing of Vehicles, Subject 375-2-12.