O.C.G.A.

O.C.G.A. § 40-2-111 (2019)

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

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.

MOTOR VEHICLES & TRAFFIC

History

Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part

2, § 1; Ga. L. 1984, p. 1199, § 1; Ga. L. 1990, p. 2048, § 2.

Annotations

JUDICIAL DECISIONS Constitutionality. - O.C.G.A. §§ 40-2-111 and 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 Ga. LEXIS 358 (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.

Notes of Decisions

Cited in 1 case, 1988–1988 · leading case: State v. Private Truck Council of Am., Inc., 371 S.E.2d 378 (Ga. 1988).

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State v. Private Truck Council of Am., Inc., 371 S.E.2d 378 (Ga. 1988). · cites it 22× “This case presents constitutional challenges to OCGA §§ 40-2-111 and 40-2-112. OCGA § 40-2-111, as amended by Ga.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.