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2018 Georgia Code 40-3-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-3-5 Case Law from Google Scholar Amendments to OCGA 40-3-5

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 1 GENERAL PROVISIONS

40-3-5. Stolen, converted, and recovered vehicles.

  1. Duties of peace officers. A peace officer who learns of the theft of a vehicle not since recovered shall report the theft to the commissioner. A peace officer who learns of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported to the commissioner shall forthwith report the recovery to the commissioner.
  2. Owner's, security holder's, or lienholder's report. An owner or a security interest holder or lienholder shall report the theft of a vehicle, or its conversion if a crime, to the commissioner. A person who has so reported the theft or conversion of a vehicle shall, after learning of its recovery, immediately report the recovery to the commissioner.
  3. Records to be kept by commissioner; distribution. The commissioner shall maintain appropriately indexed weekly and cumulative public records of stolen, converted, and recovered vehicles reported to him pursuant to this Code section. The commissioner may make and distribute copies of the weekly records so maintained to peace officers upon request without fee and to others for the fee, if any, the commissioner prescribes.
  4. Action by commissioner. The commissioner may suspend the registration of a vehicle whose theft or conversion is reported to him pursuant to this Code section, and until the commissioner learns of its recovery or that the report of its theft or conversion was erroneous he shall not issue a certificate of title for the vehicle.

(Ga. L. 1961, p. 68, § 32; Ga. L. 1980, p. 995, § 9; Ga. L. 1990, p. 2048, § 3.)

Cross references.

- Penalty for motor vehicle theft, § 16-8-12.

Duty of law enforcement officers to report stolen motor vehicles or plates to Georgia Crime Information Center, § 35-1-4.

Penalty for false report of theft or conversion of motor vehicle, § 40-3-92.

JUDICIAL DECISIONS

Cited in Atlanta Truck Serv., Inc. v. Associates Com. Corp., 146 Ga. App. 170, 246 S.E.2d 2 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 388, 389.

U.L.A.

- Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 35.

ALR.

- Nature and extent of insured's duty to seek retrieval of stolen automobile, 9 A.L.R.4th 405.

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