Registration and License Plate Requirement; License Fee to Accompany Application; Temporary Operating Permit; Penalties

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Registration and Licensing of Motor Vehicles
  5. Registration and Licensing Generally
  6. Registration and License Plate Requirement; License Fee to Accompany Application; Temporary Operating Permit; Penalties

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  1. Except as otherwise provided in this chapter, any person purchasing or acquiring a vehicle shall register and obtain, or transfer, a license plate to operate such vehicle from the county tag agent in their county of residence no later than seven business days after the date of purchase or acquisition of the vehicle by presenting to the county tag agent the following:
    1. A motor vehicle certificate of title as provided in Chapter 3 of this title;
    2. Satisfactory proof of owner's insurance coverage as provided for in subsection (d) of Code Section 40-2-26;
    3. If applicable, satisfactory proof of compliance with the Article 2 of Chapter 9 of Title 12, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act"; and
    4. Satisfactory proof that all fees, permits, and taxes have been paid.
  2. An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper for the amount of the license plate or temporary permit fee or any taxes required by law.
  3. A person unable to fully comply with the requirements of subsection (a) of this Code section shall register such vehicle and receive a temporary operating permit that will be valid until the end of the initial registration period as provided for in paragraph (.1) of subsection (a) of Code Section 40-2-21. The commissioner may provide by rule or regulation for one 30 day extension of such initial registration period which may be granted by the county tag agent if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. The county tag agent shall grant an extension of the initial registration period when the transferor, purchaser, or transferee can demonstrate by affidavit in a form provided by the commissioner that title has not been provided to the purchaser or transferee due to the failure of a security interest holder or lienholder to timely release a security interest or lien in accordance with Code Section 40-3-56.
  4. A conviction for displaying a license plate or temporary license plate not provided for in this chapter shall be punished as a misdemeanor.

(Ga. L. 1925, p. 315, § 1; Ga. L. 1927, p. 226, § 6; Ga. L. 1931, p. 7, § 84; Code 1933, §§ 68-208, 68-212; Ga. L. 1960, p. 943, § 1; Code 1981, §40-2-27; Ga. L. 1985, p. 149, § 40; Ga. L. 1985, p. 537, § 2; Code 1981, §40-2-29, as redesignated by Ga. L. 1990, p. 2048, § 2; Ga. L. 2010, p. 143, § 4/HB 1005; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2018, p. 287, § 3/HB 329.)

The 2018 amendment, effective July 1, 2019, added the second and third sentences in subsection (c).

Cross references.

- Schedule of annual license fees, § 40-2-151.

OPINIONS OF THE ATTORNEY GENERAL

"Or other similar bankable paper" construed.

- Words "or other similar bankable paper," found in former Code 1933, §§ 68-208 and 68-212 (see now O.C.G.A. § 40-2-29), include personal and company checks, as provided in Ga. L. 1960, p. 211 (see O.C.G.A. § 48-2-32). 1963-65 Op. Att'y Gen. p. 607.

Post-dated, nonpar, and qualified checks prohibited.

- Words "free of any expense to the state" found in former Code 1933, § 92-5706 (see now O.C.G.A. § 48-2-31) restrict the term "bankable paper" found in former Code 1933, §§ 68-208 and 68-212 (see now O.C.G.A. § 40-2-29) in that this provision would prohibit accepting post-dated checks, checks drawn on nonpar banks, and any check which was so qualified or conditioned that an expense to the state would necessarily be incurred. 1963-65 Op. Att'y Gen. p. 607.

Old tag valid only for 15 days from date of remittance.

- Mailing application prior to April 1 cannot authorize car's operation without tag until April 15 because the old tag is valid only for "a period of 15 days from the date of such remittance" - not for such a period after April 1. 1970 Op. Att'y Gen. No. U70-70.

When mail order applicant penalized.

- Mail order applicant cannot be subjected to civil penalties until April 2, or until the expiration of 15 days after the date of a proper money order receipt issued on or before April 1, whichever is later. 1958-59 Op. Att'y Gen. p. 209.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 60, 72 et seq.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 144 et seq.


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