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2018 Georgia Code 40-2-42 | 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

40-2-42. Transfer of license plates and revalidation decals.

  1. A license plate or revalidation decal, when issued, shall be transferred from one vehicle to another vehicle of the same class acquired by the same person as provided in this chapter. Any use of a license plate or revalidation decal by any other person or persons in any manner not provided for in this chapter shall be a violation of this chapter.
  2. The commissioner shall provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of $5.00, and, upon preparation and filing of an appropriate application therefor, currently valid annual and five-year license plates and revalidation decals shall be transferred from one vehicle to another vehicle of the same class of which ownership is acquired following that person's or those persons' ceasing to own or operate on the public roads the vehicle for which such plate was originally issued and during the initial registration period for the acquired vehicle. If such acquired vehicle is of a different class than the vehicle no longer owned or operated by such person, he or she shall submit the license plate currently issued to him or her for cancellation and, upon payment of any additional fee for registering such acquired vehicle, the commissioner shall issue a new license plate to such person for use on such acquired vehicle. License plates and revalidation decals may be transferred in accordance with the provisions of this subsection at any time after issuance or renewal thereof and until the expiration of the period for which issued.
  3. The commissioner shall provide appropriate procedures whereby, when the registered owner of a jointly owned motor vehicle is deceased, the license plate issued for the motor vehicle may, upon appropriate application and payment of fees, be transferred to the surviving owner's name, provided that the surviving owner acquires a new certificate of title under subsection (d) or paragraph (1) of subsection (e) of Code Section 40-3-34 and makes the payment of appropriate ad valorem taxes.

(Ga. L. 1927, p. 226, § 8; Ga. L. 1931, p. 7, § 84; Code 1933, § 68-214; Ga. L. 1939, p. 182, § 2; Ga. L. 1969, p. 266, § 3; Ga. L. 1972, p. 178, § 1; Ga. L. 1979, p. 615, § 2; Ga. L. 1981, p. 714, § 3; Code 1981, §40-2-39; Ga. L. 1990, p. 8, § 40; Code 1981, §40-2-42, as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 779, § 3; Ga. L. 1997, p. 419, § 11; Ga. L. 1998, p. 1179, § 7.)

Law reviews.

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

JUDICIAL DECISIONS

Cited in Undercofler v. White, 113 Ga. App. 853, 149 S.E.2d 845 (1966); Garner v. State, 154 Ga. App. 839, 269 S.E.2d 912 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Payment of fee is essential for transfer.

- Change of registration of motor vehicle is accomplished only by payment of fee of $1.00 (now $5.00); this is true even though there is no actual change in the ownership of the vehicle but merely a change in the name of the owner. 1954-56 Op. Att'y Gen. p. 486.

Transferring of plates between trailers.

- Company in sign business which employs number of portable electric sign trailers cannot transfer plates from one trailer to another as the trailers are used. 1972 Op. Att'y Gen. No. U72-9.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 35 et seq., 44 et seq., 50 et seq.

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