2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 8 - Equipment and Inspection of Motor Vehicles
Article 3 - Inspections by Officers of Department of Public Safety
§ 40-8-201. Duties of Owners and Drivers of Vehicles
- No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by the commissioner of public safety or an authorized officer of the Department of Public Safety.
- Every owner or driver, upon receiving a notice as provided in Code Section 40-8-200, shall comply therewith and shall within 30 days secure an official certificate of inspection and approval, which shall be issued in duplicate, one copy to be retained by the owner or driver and the other copy to be forwarded to the Department of Public Safety. In lieu of compliance with this subsection, the vehicle shall not be operated, except as provided in subsection (c) of this Code section.
- No person shall operate any vehicle after receiving a notice with reference thereto as provided in Code Section 40-8-200 except as may be necessary to return such vehicle to the residence or place of business of the owner or driver, or to a garage, until such vehicle and its equipment have been placed in proper repair and adjustment and otherwise made to conform to the requirements of this article. A certificate of inspection and approval shall be obtained as promptly as possible thereafter.
- In the event repair or adjustment of any vehicle or its equipment is found necessary upon inspection, the owner of such vehicle may obtain such repair or adjustment at any place he may choose, but in every event an official certificate of inspection and approval must be obtained; otherwise, such vehicle shall not be operated upon the highways of this state.
(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 125; Ga. L. 1963, p. 333, § 1; Ga. L. 1965, p. 188, § 3.)
OPINIONS OF THE ATTORNEY GENERAL
Thirty-day grace period provided by Ga. L. 1965, p. 188, § 3 (see now O.C.G.A. § 40-8-201) relates only to special inspections, and has no application to annual inspections. 1970 Op. Att'y Gen. No. U70-113.
Separate offenses for repeated use of unsafe vehicle.- Once a vehicle has been declared unsafe, a misdemeanor citation may be issued each time the vehicle is found moving on the highways for purposes other than effecting the requisite repairs. 1974 Op. Att'y Gen. No. 74-31.
Applicability as to vehicle with expired inspection certificate.- Provisions which permit the return of a vehicle to a place of residence, place of business, or a garage for the purpose of obtaining repairs after notice has been given by the director of the Department of Public Safety that the vehicle is in an unsafe condition are inapplicable in those cases which relate to vehicles bearing expired motor vehicle inspection certificates. 1967 Op. Att'y Gen. No. 67-166.
RESEARCH REFERENCES
Am. Jur. 2d.
- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 220, 221. 8 Am. Jur. 2d, Automobiles and Highway Traffic, § 733.
C.J.S.- 60 C.J.S., Motor Vehicles, § 43 et seq. 60A C.J.S., Motor Vehicles, § 621 et seq.
ARTICLE 4 INSPECTION OF PUBLIC SCHOOL BUSES
Editor's notes.
- Ga. L. 1982, p. 165, § 9, effective November 1, 1982, repealed the Code sections formerly appearing at this article and enacted the current article. The former article, relating to motor vehicle safety inspections, consisted of Code Sections 40-8-220 through 40-8-223 (Part 1), 40-8-240 through 40-8-249 (Part 2), and 40-8-260 through 40-8-264 (Part 3), and was based on Ga. L. 1963, p. 333, § 1; Ga. L. 1965, p. 188, § 4; Ga. L. 1969, p. 271, §§ 2, 3; Ga. L. 1970, p. 438, § 6; Ga. L. 1971, p. 258, § 1; Ga. L. 1971, p. 515, § 2; Ga. L. 1972, p. 901, §§ 1, 4-6; Ga. L. 1972, p. 989, § 1; Ga. L. 1973, p. 598, § 4; Ga. L. 1976, p. 216, §§ 1, 2; Ga. L. 1979, p. 906, § 1; and Ga. L. 1981, p. 1740, § 1.
Ga. L. 1982, p. 165, § 11, not codified by the General Assembly, provides: "The General Assembly finds that properly equipped and serviced vehicles contribute to the public welfare and safety of the citizens of Georgia through the reduction of motor vehicle accidents resulting from mechanical failure. The General Assembly also finds that it is the responsibility of all motorists to maintain their motor vehicles in proper working condition. It is the intent of this Act to encourage all citizens to maintain their motor vehicles in safe operating condition. It is furthermore the intent of this Act to encourage the Department of Human Resources to promulgate rules and regulations specifying minimum safety standards for motor vehicles used to transport persons to and from day care centers or child care centers licensed by said department."
Administrative Rules and Regulations.- Public School Bus Inspection, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Chapter 570-30.
RESEARCH REFERENCES
ALR.
- Constitutionality, construction, and application of statute or ordinance requiring inspection of motor vehicles, 106 A.L.R. 795.
Criminal responsibility for injury or death in operation of mechanically defective motor vehicle, 88 A.L.R.2d 1165.
Effect of violation of safety equipment statute as establishing negligence in automobile accident litigation, 38 A.L.R.3d 530.
