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2018 Georgia Code 40-2-21 | Car Wreck Lawyer

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 2 REGISTRATION AND LICENSING GENERALLY

40-2-21. Registration periods.

  1. As used in this chapter, the term:

    (.1) "Initial registration period" means the 30 day period immediately following the date of purchase or other acquisition of a new or used motor vehicle, including tractors and motorcycles, or trailer.

    (.2) "Owner" has the meaning provided by paragraph (39) of Code Section 40-1-1 except that such term shall mean a lessee of a vehicle when the vehicle is operated under a lease agreement.

    1. "Registration period" means:
      1. In all counties except those for which a local Act has been enacted pursuant to this Code section:
        1. For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or
        2. For entities other than natural persons:
      2. The month of January for the owner whose name begins with the letter A or B;
      3. The month of February for the owner whose name begins with the letter C or D;
      4. The month of March for the owner whose name begins with the letter E or F;
      5. The month of April for the owner whose name begins with the letter G or H;
      6. The month of May for the owner whose name begins with the letter I or J;
      7. The month of June for the owner whose name begins with the letter K or L;
      8. The month of July for the owner whose name begins with the letter M or N;
      9. The month of August for the owner whose name begins with the letter O or P;
      10. The month of September for the owner whose name begins with the letter Q or R;
      11. The month of October for the owner whose name begins with the letter S or T;
      12. The month of November for the owner whose name begins with the letter U, V, or W; and
      13. The month of December for the owner whose name begins with the letter X, Y, or Z; or
        1. The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are not being registered under the International Registration Plan and are owned by natural persons or entities other than natural persons; or
      14. In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period:
        1. For natural persons:
      15. The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March;
      16. The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June;
      17. The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and
      18. The month of April for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of October, November, or December; or
        1. For entities other than natural persons:
      19. The month of January for the owner whose name begins with the letter A, B, C, or D;
      20. The month of February for the owner whose name begins with the letter E, F, G, H, I, J, or K;
      21. The month of March for the owner whose name begins with the letter L, M, N, O, P, Q, or R; and
      22. The month of April for the owner whose name begins with the letter S, T, U, V, W, X, Y, or Z; or
        1. The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are not being registered under the International Registration Plan and are owned by natural persons or entities other than natural persons; or
        1. In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30.
        2. The provisions of division (i) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are not being registered under the International Registration Plan and are owned by natural persons or entities other than natural persons.

        For purposes of determining the registration period of an owner which is an entity other than a natural person in subparagraphs (A) and (B) of this paragraph, the owner shall be deemed to be the owner whose name appears first on the certificate of title or other record of ownership. Any other provision of this paragraph notwithstanding, registration of vehicles under the International Registration Plan shall be as provided by Code Section 40-2-88, and registration of vehicles under the fleet registration plan shall be as provided by Article 2A of this chapter.

    2. "Vehicle" means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20.
  2. The owner of every vehicle registered in the previous calendar year shall register and obtain a license to operate such vehicle not later than the last day of the owner's registration period.
  3. The owner of any vehicle registered in the previous calendar year who moves his or her residence from a county which does not have staggered registration to a county which has a four-month or 12 month staggered registration period or who moves his or her residence from a county which has a 12 month staggered registration period to a county which has a four-month staggered registration period or to a county which does not have staggered registration shall register and obtain a license to operate such vehicle prior to the last day of such new registration period or, if such registration period has passed for that year at the time of the change of residence, not later than 30 days following the date of the change of residence.
  4. The transferee owner of a new or used vehicle shall register and obtain or transfer a license to operate such vehicle as provided in subsection (a) of Code Section 40-2-20.
  5. Any local law enacted pursuant to this Code section shall specify either a staggered registration period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be verified to the commissioner.
  6. On and after January 1, 2000, no local Act shall be enacted pursuant to this Code section authorizing a staggered system of motor vehicle registration. This subsection shall not apply to any county in which such a local Act has been enacted prior to January 1, 2000.

(Code 1981, §40-2-20.1, enacted by Ga. L. 1986, p. 1053, § 3; Ga. L. 1987, p. 1, §§ 1, 2; Ga. L. 1988, p. 380, § 1; Code 1981, §40-2-21, as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1995, p. 809, § 3; Ga. L. 1996, p. 1118, § 3; Ga. L. 1997, p. 419, § 5; Ga. L. 1998, p. 1179, § 4A; Ga. L. 1999, p. 667, § 1; Ga. L. 1999, p. 741, § 1; Ga. L. 2000, p. 951, § 3-2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2001, "the" was substituted for "hte" in division (a)(1)(A)(iii).

Editor's notes.

- Ga. L. 1995, p. 809, § 22, not codified by the General Assembly, provides: "Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act." The act became effective January 1, 1997.

Ga. L. 1996, p. 1118, § 17, not codified by the General Assembly, provides: "Any local Act enacted pursuant to Code Section 40-2-21 which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act; provided, however, that any local Act enacted in 1996 pursuant to the provisions of Code Section 40-2-21 as enacted by Act No. 385, Ga. L. 1995, which local Act provides for a four-month staggered registration period for a county, shall not be repealed by the provisions of this Act, but the registration period for such county shall be as provided by subparagraph (a)(1)(B) of Code Section 40-2-21 as enacted by this Act and not as provided in such local Act."

Ga. L. 1996, p. 1118, § 18, not codified by the General Assembly, provides: "Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, approved April 19, 1995, in conflict with this Act are repealed."

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 215 (1997).

Cases Citing Georgia Code 40-2-21 From Courtlistener.com

Total Results: 1

Snyder v. Elkan

Court: Supreme Court of Georgia | Date Filed: 1938-09-21

Citation: 187 Ga. 164, 199 S.E. 891, 1938 Ga. LEXIS 755

Snippet: Code, § 37-1203; McDaniel v. Mitchell, 95 Ga. 40 (2) (21 S. E. 993); Austin v. Southern Home Building