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2018 Georgia Code 40-2-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-2-1 Case Law from Google Scholar Amendments to OCGA 40-2-1

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 2. Registration and Licensing of Motor Vehicles, 40-2-1 through 40-2-168.

ARTICLE 1 GENERAL PROVISIONS

40-2-1. Definitions.

As used in this chapter, the term:

  1. "Cancellation of vehicle registration" means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice, and application for a new registration may be made at any time after such cancellation.
  2. "Commissioner" means the state revenue commissioner.
  3. "Department" means the Department of Revenue.
  4. "For-hire intrastate motor carrier" means an entity engaged in the transportation of goods or ten or more passengers for compensation wholly within the boundaries of this state.
  5. "Intrastate motor carrier" means any self-propelled or towed motor vehicle operated by an entity that is used on a highway in intrastate commerce to transport passengers or property and:
    1. Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more, whichever is greater;
    2. Is designed or used to transport more than ten passengers, including the driver, and is not used to transport passengers for compensation; or
    3. Is used to transport material found by the United States Secretary of Transportation to be hazardous pursuant to 49 U.S.C. Section 5103 and is transported in any quantity.
  6. "Motor carrier" means:
    1. Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or
    2. Any entity defined by the commissioner or commissioner of public safety who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5 or this chapter whether operated in interstate or intrastate commerce, or both.
  7. "Operating authority" means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a.
  8. "Regulatory compliance inspection" means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor carrier business or enterprise operations.
  9. "Resident" means a person who has a permanent home or domicile in Georgia and to which, having been absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident.
  10. "Revocation of vehicle registration" means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or reinstatement, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law.
  11. "Suspension of vehicle registration" means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department.

(Code 1981, §40-2-1; Ga. L. 1990, p. 2048, § 2; Ga. L. 1991, p. 327, § 1; Ga. L. 2000, p. 951, § 3-1; Ga. L. 2002, p. 1024, § 1; Ga. L. 2005, p. 334, § 14-1/HB 501; Ga. L. 2009, p. 629, § 1/HB 57; Ga. L. 2012, p. 580, § 8/HB 865; Ga. L. 2015, p. 60, § 4-3/SB 100; Ga. L. 2016, p. 864, § 40/HB 737.)

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (1).

Editor's notes.

- This Code section was created as part of the Code revision and was thus enacted by Ga. L. 1981, Ex. Sess., p. 8 (Code Enactment Act).

Ga. L. 2002, p. 1024, § 7, not codified by the General Assembly, provides: "This Act shall become effective November 1, 2002; provided, however, that the Act shall be effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the authority of the commissioner to adopt rules and regulations and to employ staff and expend moneys within the limits of funds appropriated or otherwise made available for such purpose."

Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."

Cases Citing O.C.G.A. § 40-2-1

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Dep't of Agric. v. Quality Food Prods., Inc., 224 Ga. 585 (Ga. 1968).

Cited 2 times | Published | Supreme Court of Georgia | Sep 24, 1968 | 163 S.E.2d 704

...of so-called “filled milk” products. Purporting to act pursuant to the provisions of Ga. L. 1951, p. 444; Ga. L. 1956, p. 195; Ga. L. 1956, p. 611; Ga. L. 1961, p. 501; and Ga. L. 1965, p. 498, the Commissioner of Agriculture promulgated chapter 40-2-1 of the Rules of the Georgia Department of Agriculture respecting milk and milk products. The rule here in question, contained in Paragraph 46 of Rule 40-2-1.01 of the rules above referred to, is as follows: “(46) ‘Restrictions of Filled Milk Products.’ The term ‘Filled Milk’ means any milk, cream or skimmed milk, whether or not whipped, condensed, evaporated, concentrated, powdered, dri...
...From the aforesaid order the Department of Agriculture appealed, and the plaintiff has filed a cross appeal contending in its cross enumerations of error that the trial court erred in failing and refusing to declare the 1929 Act unconstitutional and in failing to declare Rule 40-2-1-.01 (46) of the Rules and Regulations of the Georgia Department of Agriculture unconstitutional, in that said Act and the rule deprive the plaintiff of its property without due process of law. However, it is unnecessary to decide the constitutional question thus presented inasmuch as the order appealed from may be sustained upon other principles. While, as published, Chapter 40-2-1 of the Rules and Regulations of the Georgia Department of Agriculture relating to milk and milk products does, not cite the 1929 Act as authority for their promulgation, the Department in its argument before this court relies upon Section 10 of that Act (Ga....
...marketing of such products by assuring that labels affixed to or printed on containers truthfully reveal the exact nature of the product contained therein. Nothing in the 1961 Act or in any of the other Acts enumerated in the preamble to Chapter *59240-2-1 of the Rules of the Georgia Department of Agriculture authorizes the prohibition contained in Rule 40-2-1-.01 (46). We, therefore, conclude, as did the trial judge, that the purposes of the 1961 Act, above referred to may be effectually accomplished by regulations with respect to packaging, labeling and branding of the products and that, in the a...

Lucid Grp. USA, Inc. v. State of Georgia (Ga. 2026).

Published | Supreme Court of Georgia | Feb 17, 2026 | 163 S.E.2d 704

...See OCGA § 40-2-39(b)(1) (“It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the commissioner and obtained a dealer’s number license plate ….”); OCGA § 40-2-1(2) (“‘Commissioner’ means the state revenue commissioner.”)....