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2018 Georgia Code 40-2-111 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-2-111 Case Law from Google Scholar Amendments to OCGA 40-2-111

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 5 UNREGISTERED MOTOR TRUCKS

40-2-111. Highway use permit required for certain unregistered motor trucks; application; fee; identification tag to be displayed and permit to be carried in truck.

In addition to any other provision of law relating to registration of motor vehicles or fees paid therefor, a person owning or operating a motor truck, as defined in Code Section 40-2-110, upon the highways of this state, which is not registered in this state, shall apply to the commissioner for a highway use permit for each such motor truck to be so operated. Application shall be made upon a form prescribed by the commissioner and shall set forth such information as the commissioner may require. The application shall be accompanied by a permit fee of not more than $200.00, as determined under the rules and regulations of the commissioner, using a comparison of such fees charged by the state or province of registration of the motor truck, for each motor truck listed in the application. The commissioner shall issue a permit and an identification tag, plate, or decal for each such motor truck, which tag, plate, or decal shall be of such size and design and contain such information as the commissioner shall prescribe. Any such permit and tag, plate, or decal shall be valid for the same period of time as provided by law for license plates issued to motor vehicles in Georgia. Such permits shall be carried in the motor truck and the tag, plate, or decal shall be affixed to the motor truck and at all times be visible and legible.

(Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 2, § 1; Ga. L. 1984, p. 1199, § 1; Ga. L. 1990, p. 2048, § 2.)

JUDICIAL DECISIONS

Constitutionality.

- O.C.G.A. §§ 40-2-111 and40-2-112 unconstitutionally discriminate against intrastate commerce because the statutes impose taxes on vehicles registered in certain states which are not imposed on vehicles registered in the State of Georgia. State v. Private Truck Council of Am., Inc., 258 Ga. 531, 371 S.E.2d 378 (1988).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 85 et seq.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 8.

Cases Citing O.C.G.A. § 40-2-111

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State v. Private Truck Council of Am., Inc., 371 S.E.2d 378 (Ga. 1988).

Cited 23 times | Published | Supreme Court of Georgia | Sep 7, 1988 | 258 Ga. 531

...Calvert, Assistant Attorney General, for appellants. Zuckert, Scoutt, Rasenberger & Johnson, Richard O. Allen, Bondurant, Mixson, & Elmore, Emmet J. Bondurant, for appellees. GREGORY, Justice. This case presents constitutional challenges to OCGA §§ 40-2-111 and 40-2-112. OCGA § 40-2-111, as amended by Ga....
...tions of the commissioner, using a comparison of such fees charged by the state or province of registration of the motor truck. . . OCGA § 40-2-112, as amended by Ga. Laws 1984, p. 1199, § 2 provides, In addition to the permit fee provided in Code Section 40-2-111, a person operating a motor truck on the highways of this state, which truck is registered in a state or province which imposes upon motor trucks registered in this state a tax, fee, or toll for the privilege of operating such truck...
...is a New York corporation which operates 25 motor trucks registered in Pennsylvania. The parties have stipulated that each of the plaintiff motor carriers is subject to the taxes imposed by the code sections in question. The plaintiffs filed this class action [1] for a declaratory judgment that OCGA §§ 40-2-111 and 40-2-112 are violative of the Commerce Clause of the United States Constitution, Art....
...The trial court granted class action certification and entered judgment in favor of the plaintiffs on these and related issues, but denied their claim as to attorney fees under 42 USC § 1988. In case no. 45704, the state appeals various rulings of the trial court with regard to the constitutionality of OCGA §§ 40-2-111 and 40-2-112. In case no. 45705, the plaintiffs appeal the denial of their claim for attorney fees under 42 USC § 1988. Case No. 45704 1. The state argues the trial court erred in holding that OCGA §§ 40-2-111 and 40-2-112 are violative of the Commerce Clause....
...Great Atlantic & Pacific Tea Co. v. Cottrell, 424 U. S. 366, 379-80 (96 SC 923, 47 LE2d 55) (1976). The statutes are therefore violative of the Commerce Clause and the trial court did not err in striking them down. The state nonetheless argues that the taxes imposed by OCGA §§ 40-2-111 and 40-2-112 are "compensatory" in that they complement the registration fees which vehicles registered in this state are required to pay for the privilege of using Georgia highways....
...f treatment between local and interstate commerce." Maryland v. Louisiana, supra, 451 U. S. at 759. It cannot be said that the purpose of the taxes in question is to complement registration fees on domestic vehicles since the taxes imposed by OCGA §§ 40-2-111 and 40-2-112 apply only to vehicles registered in thirteen states....
...t their rights without concern that the statute of limitations on their individual claims will have run should class certification ultimately be denied. Id. In this case plaintiffs filed a class action seeking a declaratory *534 judgment that OCGA §§ 40-2-111 and 40-2-112 are unconstitutional....
...aintiffs may revive unasserted claims for refunds which might have existed prior to the filing of the complaint. 3. Our holding in Division 2 renders moot the state's argument that the trial court erred in determining the constitutionality of OCGA §§ 40-2-111 and 40-2-112 as they existed prior to the 1984 amendments. [2] 4. Shortly after the complaint was filed the trial court granted plaintiffs' motion to require the State Revenue Commissioner to deposit all funds prospectively collected pursuant to OCGA §§ 40-2-111 and 40-2-112 in an escrow fund....