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
40-2-114. Unlawful acts; penalties.
-
It shall be unlawful for any person:
-
To operate a motor truck subject to this article upon any public highway in this state without first obtaining the permit required under Code Section 40-2-111;
-
To violate any regulation issued by the commissioner pursuant to the authority granted under this article;
-
To fail to file any return or report required by the commissioner;
-
To make a false return or fail to keep records of operations as may be required by the commissioner; or
-
To make knowingly any false statement in any application for registration.
-
Any person who violates any provision of this Code section, upon first conviction, shall be punished by a fine of not less than $100.00 nor more than $250.00; and upon a second or subsequent conviction, by a fine of not less than $250.00 nor more than $500.00, or by imprisonment for not more than 30 days, or both.
(Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 2, § 6; Ga. L. 1985, p. 149, § 40; Ga. L. 1987, p. 949, § 4; Ga. L. 1990, p. 2048, § 2.)
OPINIONS OF THE ATTORNEY GENERAL
Jury trial for violation of statute.
- Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 2,
§
6 (see now O.C.G.A.
§
40-2-114) contemplates a trial by jury and a conviction or acquittal of persons accused of violating the law on unregistered motor trucks (see now O.C.G.A. Art. 5, Ch. 2, T. 40); therefore, it would be necessary for a warrant to be sworn out against an alleged violator and a trial held in a court with appropriate jurisdiction. 1954-56 Op. Att'y Gen. p. 476.
RESEARCH REFERENCES
C.J.S.
- 60 C.J.S., Motor Vehicles,
§§
41, 42.