2021 Georgia Code
Title 12 - Conservation and Natural Resources
Chapter 9 - Prevention and Control of Air Pollution
Article 2 - Motor Vehicle Emission Inspection and Maintenance
- § 12-9-40. Short Title
- § 12-9-41. Legislative Findings
- § 12-9-42. Declaration of Public Policy
- § 12-9-43. Definitions
- § 12-9-44. Uniformity and Scope of Application of Article
- § 12-9-45. Certificate of Emission Inspection
- § 12-9-46. Powers and Duties of Board; Designation of Commissioner or Director as Board's Agent; Power and Duties of Director
- § 12-9-47. Further Powers and Duties of Board; Designation of Department Personnel as Board's Agents
- § 12-9-48. Requirement of Certificate of Emission Inspection; Standards for Issuance; Inspectors, Equipment, and Procedures; Notice of Violation of Emission Standards; Reinspection After Repairs; Time Extension; Inspection Sticker; New Vehicles; Replacement Stickers
- § 12-9-49. Application to Conduct Emission Inspections; Certificate of Authorization
- § 12-9-50. Authority to Inspect, Monitor, or Investigate Inspection Stations
- § 12-9-51. Emission Inspection Required for Motor Vehicle Registration; Operation Without Registration; Improper Reuse
- § 12-9-52. Amendment, Modification, Revocation, or Suspension of Certificate of Authorization
- § 12-9-53. Review of Director's Decision
- § 12-9-54. Sale of Vehicle
- § 12-9-55. Prohibited Acts; Registration of Vehicle by County Without Proof of Inspection; Penalty; Withholding of Funding
- § 12-9-56. Rules and Regulations
- § 12-9-57. Effect of Federal Clean Air Act Requirements; Repeal of Article
- For note on 1992 enactment of this article, see 9 Ga. St. U.L. Rev. 186 (1992).
JUDICIAL DECISIONS
No private cause of action.
- Trial court erred in denying an auto sales company's motion for a directed verdict on the buyer's claim under the Georgia Motor Vehicle Emission Inspection and Maintenance Act, O.C.G.A. § 12-9-54, because the statute does not provide a civil remedy nor contain an express private cause of action and the appellate court could not allocate the compensatory damages award among the several counts; thus, the jury's verdict had to be reversed in its entirety and the case remanded for a new trial. Gobran Auto Sales, Inc. v. Bell, 335 Ga. App. 873, 783 S.E.2d 389 (2016).
OPINIONS OF THE ATTORNEY GENERAL
No exemption for dual fuel capacity vehicles under this part (now O.C.G.A. § 12-9-40 et seq.) is provided by O.C.G.A. § 40-8-130(d). 1981 Op. Att'y Gen. No. 81-84.
Any motor vehicle that can be propelled by gasoline combustion power is subject to requirements of this part (now O.C.G.A. § 12-9-40 et seq.) even though the vehicle may also be capable of being propelled by natural or liquid petroleum gas. 1981 Op. Att'y Gen. No. 81-84.
RESEARCH REFERENCESCarbon Monoxide Brain Damage, 22 POF2d 135.
