2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 9 - Reporting Accidents; Giving Proof of Financial Responsibility
Article 1 - General Provisions
§ 40-9-2. Definitions

As used in this chapter, the term:

1. "Accident" means the collision of any motor vehicle with another vehicle or with any object or fixture, or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one person to an extent of $500.00 or more is sustained.
2. "Commissioner" means the commissioner of driver services.
3. "Department" means the Department of Driver Services.
4. "Operator" means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
5. "Proof of financial responsibility" means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof in the amounts specified in subparagraph (a)(1)(A) of Code Section 33-7-11.
6. "Suspension of driver's license" means the temporary withdrawal by formal action of the department of a resident's license or nonresident's privilege to operate a motor vehicle on the public highways.

(Ga. L. 1951, p. 565, § 1; Ga. L. 1956, p. 543, §§ 2-5; Code 1933, § 68C-101, enacted by Ga. L. 1977, p. 1014, § 1; Ga. L. 1978, p. 1494, § 2; Ga. L. 1982, p. 1751, § 1; Ga. L. 1983, p. 3, § 29; Ga. L. 1983, p. 938, § 2; Ga. L. 1990, p. 649, § 1; Ga. L. 1991, p. 1608, § 2.2; Ga. L. 1994, p. 363, § 2; Ga. L. 2000, p. 951, § 6-1; Ga. L. 2000, p. 1516, § 2; Ga. L. 2005, p. 334, § 20-1/HB 501.)

- Ga. L. 1982, p. 1751, § 1, effective July 1, 1982, amended Code 1933, § 68C-101, the basis for this Code section. Since the 1982 Act did not specifically amend this Code section, and since the Code of Georgia of 1933, as amended, stood repealed on November 1, 1982 (see Code Section 1-1-10(a)(1)), no effect could be given to the 1982 amendment after that date. The provisions of the 1982 Act were reenacted in substantially similar form as an amendment to this Code section by Ga. L. 1983, p. 3, § 29.

- For note on the 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 99 (1992). For comment on Bell v. Burson, 402 U.S. 535, 91 S. Ct. 1586, 29 L. Ed. 2d 90 (1971), see 23 Mercer L. Rev. 383 (1972). For comment on Pope v. Cokinos, 232 Ga. 425, 207 S.E.2d 63 (1974), see 26 Mercer L. Rev. 337 (1974).

JUDICIAL DECISIONS

When coverage requirements not applicable.

- Minimum compulsory liability limits established by a rule of the Public Service Commission were applicable to personal injury claims asserted by passengers in a tractor-trailer, when the passengers sought recovery up to minimum limits of $100,000/$300,000 as established by the rule, and were not subject to the lower limits established by O.C.G.A. § 40-9-2, even though the tractor-trailer was not a passenger carrier. Guinn Transp., Inc. v. Canal Ins. Co., 234 Ga. App. 235, 507 S.E.2d 144 (1998).

Cited in Smith v. Employers' Fire Ins. Co., 255 Ga. 596, 340 S.E.2d 606 (1986); Georgia Farm Bureau Mut. Ins. Co. v. Burch, 222 Ga. App. 749, 476 S.E.2d 62 (1996).

OPINIONS OF THE ATTORNEY GENERAL

Accidents occurring on private property.

- All accidents, as defined by Ga. L. 1951, p. 565, must be reported, even though the accident may occur on private property. 1972 Op. Att'y Gen. No. U72-34.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 57 et seq., 113 et seq., 142 et seq.

- 60 C.J.S., Motor Vehicles, §§ 282, 310.

- Insurance covering damage to automobile by accident or collision, 105 A.L.R. 1426.

Automobile insurance: umbrella or catastrophe policy automobile liability coverage as affected by primary policy "other insurance" clause, 67 A.L.R.4th 14.