O.C.G.A.

O.C.G.A. § 40-2-114 (2019)

Unlawful acts; penalties

✓ 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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(a) It shall be unlawful for any person: (1) 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; (2) To violate any regulation issued by the commissioner pursuant to the authority granted under this article; (3) To fail to file any return or report required by the commissioner; (4) To make a false return or fail to keep records of operations as may be required by the commissioner; or (5) To make knowingly any false statement in any application for registration. (b) 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.

MOTOR VEHICLES & TRAFFIC

History

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.

Annotations

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. § 40-2-110 et seq.); 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 Ga. Op. Att’y Gen. 476.

RESEARCH REFERENCES C.J.S. 60 C.J.S., Motor Vehicles, §§ 41, 42.

ARTICLE 6 ADMINISTRATION AND ENFORCEMENT OF CHAPTER RESEARCH REFERENCES Am. Jur. 2d. 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 218.