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2018 Georgia Code 40-2-28 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-2-28 Case Law from Google Scholar Amendments to OCGA 40-2-28

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

40-2-28. Proof of ownership.

  1. Initial applications for registration shall contain such information of ownership as the commissioner shall deem proper, and no vehicle shall be registered unless the commissioner shall be satisfied that the applicant for registration is entitled to have the vehicle registered in his name. Proof of purchase at a judicial sale or previous registration in this state by the applicant may be accepted as evidence of ownership by the commissioner.
  2. Applications for registration of vehicles brought into this state and previously registered in other states shall be accompanied by an affidavit from the motor vehicle registering official of that state, or other satisfactory evidence indicating that the applicant is the lawful owner of the vehicle, including the date, name, and address of the person from whom it was purchased.

(Ga. L. 1925, p. 315, § 1; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-205; Ga. L. 1953, Jan.-Feb. Sess., p. 366, § 2; Ga. L. 1955, p. 424, § 1; Ga. L. 1973, p. 455, § 1; Code 1981, §40-2-26; Code 1981, §40-2-28, as redesignated by Ga. L. 1990, p. 2048, § 2.)

Law reviews.

- For comment on Blalock v. Brown, 78 Ga. App. 537, 51 S.E.2d 610 (1949), see 1 Mercer L. Rev. 128 (1949).

JUDICIAL DECISIONS

Innocent purchaser for value.

- In a prosecution for felony theft by taking of a van, the trial court was entitled to conclude that the victim was an innocent purchaser for value, believing the seller to be the owner, the defendant's claim to the contrary notwithstanding; moreover, pursuant to former O.C.G.A. § 24-4-8 (see now O.C.G.A. § 24-14-8), the testimony of a single witness was sufficient to establish this fact. Coursey v. State, 281 Ga. App. 494, 636 S.E.2d 669 (2006).

OPINIONS OF THE ATTORNEY GENERAL

Refusal to issue plates when ownership not proven.

- Commissioner of revenue may refuse to issue plates to applicants who cannot submit satisfactory proof of ownership. 1952-53 Op. Att'y Gen. p. 224.

Nonresident entitled to tag upon proof of ownership.

- Nonresident who sufficiently establishes ownership of vehicle is entitled to be issued license tag therefor, notwithstanding the fact that the nonresident may not use or intend to use the vehicle in Georgia. 1952-53 Op. Att'y Gen. p. 465.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 93 et seq.

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 180, 273, 282.

ALR.

- Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle or licensing of operator, 111 A.L.R. 1258; 163 A.L.R. 1375.

Right to inspect motor vehicle records, 84 A.L.R.2d 1261.

Who is "owner" within statute making owner responsible for injury or death inflicted by operator of automobile, 74 A.L.R.3d 739.

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