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2018 Georgia Code 40-3-30 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-3-30 Case Law from Google Scholar Amendments to OCGA 40-3-30

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 3. Certificates of Title, Security Interests, and Liens, 40-3-1 through 40-3-95.

ARTICLE 2 CERTIFICATES OF TITLE

40-3-30. Requirement of compliance with federal safety standards.

  1. 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.
  2. 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.
  3. 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.

(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.)

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 (N.D. Ga. 1986) (decided under former O.C.G.A. § 40-3-29.1)

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