O.C.G.A.

O.C.G.A. § 40-3-30 (2019)

Requirement of compliance with federal safety standards

✓ 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) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation. (b) The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for such motor vehicles first titled in Georgia that have a manufactured date that is 25 years or older at the time of application. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of title. (c) The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for former military motor vehicles that are less than 25 years old and manufactured for the United States military. (d) The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for converted motor vehicles as such term is defined in Code Section 40-3-30.1.

History

Code 1981, § 40-3-29.1, enacted by Ga. L. 1985, p. 693, § 2; Ga. L. 1990, p. 8, § 40; Code 1981, § 40-3-30, as redesignated by Ga. L. 1990, p. 2048, § 3; Ga. L.

1994, p. 97, § 40; Ga. L. 2000, p. 951, § 4-6; Ga. L. 2002, p. 512, § 9; Ga. L. 2002, p. 1378, § 3; Ga. L. 2014, p. 409, § 3/SB 392; Ga. L. 2020, p. 349, § 3/HB 877.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 40-3-29.1 are included in the annotations for this Code section. Former O.C.G.A. § 40-3-29.1 violated the preemption clause of the federal Clean Air Act, 42 U.S.C. § 7543 (a), but did not preempt 15 U.S.C. § 1392

(d) of the National Traffic and Motor Vehicle Safety Act, did not violate the Commerce Clause, and was not unconstitutionally vague. Georgia Auto. Importers Compliance Ass’n v. Bowers, 639 F. Supp. 352, 1986 U.S. Dist. LEXIS 24185 (N.D. Ga. 1986) (decided under former O.C.G.A. § 40-3-29.1).