O.C.G.A.

O.C.G.A. § 40-3-21.1 (2019)

Conditional titles; requirements

✓ 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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For a 1962 or earlier model year motor vehicle, the owner of such motor vehicle may apply to the commissioner through the county tag agent for a conditional title for such motor vehicle. The application shall be made under oath on a form prescribed by the commissioner for such purpose. Such form shall require the applicant to provide such information as the commissioner shall determine, including all liens and other encumbrances known to the applicant at the time of application, which the commissioner shall cause to be listed on the conditional title upon its issuance. Upon receipt of the application, the commissioner or the commissioner’s duly authorized county tag agent shall file such application and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a conditional certificate of title under the provisions of this chapter, shall issue a conditional certificate of title for the motor vehicle. The conditional certificate of title shall be clearly marked as such and shall contain a disclaimer that states that the title may not reflect all liens or other encumbrances affecting the motor vehicle. The commissioner may impose a fee for the issuance of a conditional title which shall not exceed $20.00. The duly authorized county tag agent shall retain 50 percent of such fee for the general fund of the county and shall transmit the remaining 50 percent to the department for deposit into the state treasury.

History

Code 1981, § 40-3-21.1, enacted by Ga. L. 2018, p. 287, § 5/HB 329.

Annotations

Editor’s notes. This Code section formerly pertained to the fee for a certificate of title for a vehicle

titled in another state at the time of application. The former Code section was based on Code 1981, § 40-3-21.1, enacted by Ga. L. 1992, p. 779, § 16; Ga. L. 1993, p. 1260, § 6, and was repealed by Ga. L. 1996, p. 5, § 1, effective February 9, 1996.

MOTOR VEHICLES & TRAFFIC

Notes of Decisions
Cited in 2 cases, 1994–1994 · leading case: Johnsen v. Collins, 875 F. Supp. 1571 (S.D. Ga. 1994).
Johnsen v. Collins, 875 F. Supp. 1571 (S.D. Ga. 1994). · cites it 5× “Plaintiff argues that the State’s automobile title transfer fee provision, O.C.G.A. § 40-3-21.1, institutes an unconstitutional tax on new residents.”
Johnsen v. Collins, 875 F. Supp. 1571 (S.D. Ga. 1994). · cites it 5× “Plaintiff argues that the State's automobile title transfer fee provision, O.C.G.A. § 40-3-21.1, institutes an unconstitutional tax on new residents.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.