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
40-2-37. Registration and licensing of vehicles of state and political subdivisions.
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All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functions, except those employed in secret investigatory police functions to which regular Georgia license plates are issued, and except for those assigned for the transportation of employees of the Georgia Lottery Corporation to which regular Georgia license plates are issued, shall be registered with the commissioner by the fiscal officers or other proper officials of the respective departments and agencies of the state, municipality, or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $3.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. The license fee, less the actual manufacturing cost of the plates which will be retained by the department, shall be deposited in the general fund of the state treasury. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced.
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For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued, those assigned for the transportation of employees of the Georgia Lottery Corporation to which regular Georgia license plates are issued, and those vehicles owned by the Department of Public Safety, the commissioner shall provide for registration and issuance of regular license plates for such vehicles. The license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles, except that such license plates shall not display any registration expiration. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such license plates shall be issued at the time the vehicle is purchased by the state.
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All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type of governmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends: "STATE," "CITY," "COUNTY," "AUTHORITY," or "BOARD." In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based except that vehicles owned by the state shall not be required to bear such county identification strip. The commissioner shall be authorized to grant a waiver of the requirements of this subsection such that regular Georgia license plates may be issued for any vehicle or vehicles owned by the State of Georgia, any municipality of this state, or any other political subdivision of this state upon finding issuance of such waiver to be in the best interest of public safety, public welfare, or efficient administration.
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Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and returned to the commissioner or the county tag agent for destruction. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered.
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No person, firm, or corporation owning or operating any such vehicle shall display upon the motor vehicle any license plate provided for in this Code section unless at the time of such ownership or operation such vehicle is properly registered under this Code section and is owned by the state or a municipality or political subdivision of this state and is being used exclusively for governmental purposes. Any person who violates this subsection shall be guilty of a misdemeanor.
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This Code section shall apply to all vehicle license plates issued for governmental vehicles on and after January 1, 2007.
(Ga. L. 1960, p. 777, §§ 3, 4; Ga. L. 1971, p. 667, § 1; Ga. L. 1980, p. 357, §§ 1, 2; Code 1981, §40-2-35; Code 1981, §40-2-37, as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1995, p. 1302, § 5; Ga. L. 2000, p. 951, § 3-8; Ga. L. 2001, p. 1173, §§ 2-2, 3-2; Ga. L. 2006, p. 434, § 2/HB 363; Ga. L. 2007, p. 652, § 2/HB 518; Ga. L. 2018, p. 908, § 1/HB 695.)
The 2018 amendment,
effective July 1, 2018, added the last sentence of subsection (c).
Cross references.
- Purchase and lease of motor vehicles by local governments,
§
36-91-1.
Purchase and use of motor vehicles by state generally,
§
50-19-1 et seq.
OPINIONS OF THE ATTORNEY GENERAL
State agencies entitled to governmental license tags.
- Agency of the State of Georgia is entitled to a Georgia governmental license tag, should one ever be needed. 1979 Op. Att'y Gen. No. 79-14.
Because the historic Chattahoochee Commission is an agency of the State of Georgia, the commission would be entitled to a Georgia governmental license tag. 1985 Op. Att'y Gen. No. 85-24.
Exclusive possession of motor vehicle basis for purchase of governmental license plate.
- When the exclusive use and possession of a motor vehicle is donated to a municipality or political subdivision for use in a driver education program for a period of more than 30 days, the municipality or political subdivision is entitled to purchase, for use on that vehicle, a governmental license plate. 1969 Op. Att'y Gen. No. 69-246.
RESEARCH REFERENCES
Am. Jur. 2d.
- 7A Am. Jur. 2d, Automobiles and Highway Traffic,
§§
85, 97, 98. 21 Am. Jur. 2d, Criminal Law,
§§
1, 5, 19, 28 et seq.
C.J.S.
- 60 C.J.S., Motor Vehicles,
§§
189, 307 et seq.
ALR.
- Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle, or licensing of operator, 54 A.L.R. 374.