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2018 Georgia Code 40-2-27 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-2-27 Case Law from Google Scholar Amendments to OCGA 40-2-27

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

40-2-27. Registration of motor vehicles not manufactured to comply with federal emission and safety standards; certificate of registration for an assembled motor vehicle or motorcycle; former military motor vehicles.

  1. No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation.
  2. The provisions of subsection (a) of this Code section shall not apply to applications for certificates of registration for such motor vehicles that have a manufactured date that is 25 years or older at the time of application. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of registration.
  3. Applications for registration of such motor vehicles shall be accompanied by a Georgia certificate of title, proof that an application for a Georgia certificate of title has been properly submitted, or such other information and documentation of ownership as the commissioner shall deem proper.
  4. Before a certificate of registration is issued for an assembled motor vehicle or motorcycle, such assembled motor vehicle or motorcycle shall have been issued a certificate of title in Georgia and shall comply with the provisions of Code Section 40-3-30.1.
  5. The provisions of subsection (a) of this Code section shall not apply to applications for certificates of registration for former military motor vehicles that are less than 25 years old and manufactured for the United States military.

(Code 1981, §40-2-25.1, enacted by Ga. L. 1985, p. 693, § 1; Code 1981, §40-2-27, as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1994, p. 97, § 40; Ga. L. 2000, p. 951, § 3-5; Ga. L. 2002, p. 512, § 5; Ga. L. 2002, p. 1378, § 2; Ga. L. 2008, p. 835, § 3/SB 437; Ga. L. 2014, p. 409, § 2/SB 392.)

JUDICIAL DECISIONS

O.C.G.A. § 40-2-27 violates the preemption clause of the federal Clean Air Act, 42 U.S.C. § 7543(a), but does not preempt 15 U.S.C. § 1392(d) of the National Traffic and Motor Vehicle Safety Act, does not violate the Commerce Clause and is not unconstitutionally vague. Georgia Auto. Importers Compliance Ass'n v. Bowers, 639 F. Supp. 352 (N.D. Ga. 1986).

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