O.C.G.A.

O.C.G.A. § 40-2-29 (2019)

Registration and license plate required; timing; required documentation; issuance of temporary operating permit for vehicles failing emission inspection; extensions

✓ 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) Except as otherwise provided in this chapter, any person purchasing or acquiring a vehicle shall register and obtain, or transfer, a license plate to operate such vehicle from the county tag agent in their county of residence no later than seven business days after the date of purchase or acquisition of the vehicle by presenting to the county tag agent the following: (1) If applicable, a motor vehicle certificate of title or an application therefor as provided in Chapter 3 of this title; (2) Satisfactory proof of owner’s insurance coverage as provided for in subsection (d) of Code Section 40-2-26; (3) If applicable, satisfactory proof of compliance with Article 2 of Chapter 9 of Title 12, the “Georgia Motor Vehicle Emission Inspection and Maintenance Act”; and (4) Satisfactory proof that all fees, permits, and taxes have been paid. (b) An application for registration shall be accompanied by check; cash; certified or cashier’s check; bank, postal, or express money order;

MOTOR VEHICLES & TRAFFIC

or other similar bankable paper for the required fee or any taxes required by law. (c) Upon application for renewal of a vehicle registration, a person unable to fully comply with the requirements of paragraph (3) of subsection (a) of this Code section shall receive a temporary operating permit that shall be valid for 30 days. (d) The commissioner may provide by rule or regulation for one 30 day extension of the initial registration period which may be granted by the county tag agent if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. The county tag agent shall grant an extension of the initial registration period when the transferor, purchaser, or transferee can demonstrate by affidavit in a form provided by the commissioner that title has not been provided to the purchaser or transferee due to the failure of a security interest holder or lienholder to timely release a security interest or lien in accordance with Code Section 40-3-56. (e) A conviction for displaying a license plate or temporary operating permit not provided for in this chapter shall be punished as a misdemeanor.

History

Ga. L. 1925, p. 315, § 1; Ga. L. 1927, p. 226, § 6; Ga. L. 1931, p. 7, § 84; Code 1933, §§ 68-208, 68-212; Ga. L. 1960, p. 943, § 1; Code 1981, § 40-2-27; Ga. L. 1985, p. 149, § 40; Ga. L. 1985, p. 537, § 2; Code 1981, § 40-2-29, as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 2010, p. 143, § 4/HB 1005; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2018, p. 287, § 3/HB 329; Ga. L. 2023, p. 554, § 4/HB 183, effective July 1, 2023. Amendments. The 2023 amendment, effective July 1, 2023, in subsection (a), substituted “If applicable, a motor” for “A motor” and

inserted “or an application therefor” in paragraph (a)(1), and deleted “the” following “compliance with” in paragraph (a)(3); in subsection (b), substituted “the required fee” for “the amount of the license plate or temporary permit fee”; rewrote subsection (c) as present subsections (c) and (d); redesignated former subsection (d) as present subsection (e); and substituted “temporary operating permit” for “temporary license plate” in subsection (e).

Annotations

Cross references. Schedule of annual license fees, § 40-2-151.

OPINIONS OF THE ATTORNEY GENERAL “Or other similar bankable paper” construed. - Words “or other similar bankable paper,” found in former Code 1933, §§ 68-208 and 68-212 (see now O.C.G.A. § 40-2-29), include personal and company checks, as provided in Ga. L. 1960, p. 211 (see O.C.G.A. § 48-2-32). 1963-65 Ga. Op. Att’y Gen. 607. Post-dated, nonpar, and qualified

checks prohibited. - Words “free of any expense to the state” found in former Code 1933, § 92-5706 (see now O.C.G.A. § 48-2-31) restrict the term “bankable paper” found in former Code 1933, §§ 68-208 and 68-212 (see now O.C.G.A. § 40-2-29) in that this provision would prohibit accepting post-dated checks, checks drawn on nonpar banks, and any

REGISTRATION/LICENSING OF MOTOR VEH.

check which was so qualified or conditioned that an expense to the state would necessarily be incurred. 1963-65 Ga. Op. Att’y Gen. 607. Old tag valid only for 15 days from date of remittance. - Mailing application prior to April 1 cannot authorize car’s operation without tag until April 15 because the old tag is valid only for “a period of 15 days from the date of such remittance” - not for such a period

after April 1. 1970 Op. Att’y Gen. No. U70-70. When mail order applicant penalized. - Mail order applicant cannot be subjected to civil penalties until April 2, or until the expiration of 15 days after the date of a proper money order receipt issued on or before April 1, whichever is later. 1958-59 Ga. Op. Att’y Gen. 209.

RESEARCH REFERENCES Am. Jur. 2d. 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 60, 72 et seq.

C.J.S. 60 C.J.S., Motor Vehicles, § 144 et seq.