PocketLaw | Georgia Code | Sale of Farm Tractors

Sale of Farm Tractors

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As used in this Code section, the term:
1. "Certificate of origin" means the evidence of origin of title of a farm tractor from the manufacturer. It shall show the following information:
  1. The name and the address of the manufacturer;
  2. The serial number of the farm tractor; and
  3. The year, make, and model of the farm tractor.
2. "Dealer" means a person engaged in buying, selling, trading, or exchanging farm tractors who has an established place of business in this state.
3. "Farm tractor" means any self-propelled vehicle having more than 15 horsepower designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
4. "Person" means a natural person, firm, partnership, association, or corporation.
5. "Serial number" means the number or letters, or both, placed on a farm tractor by stamping thereon or by affixing a plate thereto by the manufacturer for the purpose of identifying the tractor.
It shall be unlawful for any dealer to sell, trade, or exchange any farm tractor in this state which was manufactured after July 1, 1970, unless:
1. The original serial number is stamped upon or affixed to the farm tractor; and
2. The certificate of origin is presented to the purchaser, or to the person who otherwise receives the farm tractor through an exchange or trade with the dealer, at the time the sale, trade, or exchange is completed.
Any person violating any provision of this Code section shall be guilty of a misdemeanor.

(Ga. L. 1970, p. 242, §§ 1-3; Ga. L. 1994, p. 97, § 40.)

RESEARCH REFERENCES

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 1 et seq., 15, 18, 78, 86 et seq.

ALR.

- Constitutionality, construction, and effect of statute relating specifically to rights, remedies, and obligations of parties to sale of farm machinery, 78 A.L.R. 1363; 87 A.L.R. 290.

CHAPTER 5 DRIVERS' LICENSES Article 1 General Provisions.

40-5-1. Definitions.
40-5-2. Keeping of records of applications for licenses and information on licensees; furnishing of information.
40-5-3. Department employees to be appointed as notaries public.
40-5-4. Authority of commissioner to promulgate rules and regulations.
40-5-4.1. Authorized delay in compliance with federal Real ID Act.
40-5-5. Authority of Governor to execute binding reciprocal agreements regarding operation of motor vehicles; publication of terms of agreements; rules and regulations; exemption for certain foreign citizens.
40-5-6. Forms for making of anatomical gifts upon issuance or renewal of driver's license or personal identification card.
40-5-7. Blue Ribbon Young Driver and DUI Study Commission; creation; membership; purpose; meetings; compensation; reports to Governor and General Assembly; termination [Repealed].
40-5-8. Registration of applicants with United States Selective Service System; notification that signature constitutes consent.
40-5-9. Pauper's affidavit for a partial waiver of driver's license reinstatement and restoration fees.

Article 2 Issuance, Expiration, and Renewal of Licenses.

40-5-20. (See Editor's notes) License required; surrender of prior licenses; local licenses prohibited.
40-5-21. Exemptions generally.
40-5-21.1. Temporary licenses, permits, or special identification cards; foreign licenses or identification cards as evidence of legal presence in the United States; extensions.
40-5-21.2. Compliance with Systematic Alien Verification for Entitlements Program; application; implementation.
40-5-22. Persons not to be licensed; minimum ages for licensees; school enrollment requirements; driving training requirements; limited driving permit; expired licenses.
40-5-22.1. Reinstatement of license of child under 16 years convicted of driving under influence of alcohol or drugs.
40-5-23. Classes of licenses.
40-5-24. (See Editor's notes.) Instruction permits; graduated licensing and related restrictions; temporary licenses.
40-5-25. Applications; fees; waiver of fees; provisions for voluntary participation in various programs.
40-5-26. Applications of minors; revocation request of minor's instruction permit or license; distinctive licenses for persons under 21.
40-5-27. (See Editor's notes.) Examination of applicants.
40-5-28. Issuance of licenses; county tag agents; Class E and Class F licenses for volunteer firefighters.
40-5-28.1. Use of social security numbers.
40-5-29. License to be carried and exhibited on demand.
40-5-30. Restricted licenses.
40-5-31. Replacement permits or licenses.
40-5-32. Expiration and renewal of licenses; reexamination required.
40-5-33. Change of address or name.
40-5-34. Driver License Advisory Board.
40-5-35. Disqualifying disorders and disabilities; reports by physicians and vision specialists; procedure when person found unqualified to be licensed.
40-5-36. Veterans' licenses, honorary licenses, and other distinctive licenses.
40-5-37. Expiration of active duty service members' licenses.
40-5-38. Notation of post traumatic stress disorder.
40-5-39. Requirements for operation of a motor vehicle for hire; for-hire license endorsements and eligibility; term; background checks.

Article 3 Cancellation, Suspension, and Revocation of Licenses.

40-5-50. Authority of department to cancel license or identification card.
40-5-51. Suspension of driving privilege of nonresident; reporting convictions, suspensions, and revocations of nonresidents.
40-5-52. Suspension of license or operating privilege for conduct in another state.
40-5-53. When courts to send licenses and reports of convictions to department; destruction of license by department; issuance of new license upon satisfaction of certain requirements.
40-5-54. Mandatory suspension of license; notice of suspension.
40-5-54.1. Denial or suspension of license for noncompliance with child support order.
40-5-55. Implied consent to chemical tests.
40-5-56. Suspension of license or driving privilege for failure to respond to citation; reinstatement of license.
40-5-57. Suspension or revocation of license of habitually negligent or dangerous driver; point system.
40-5-57.1. Suspension of licenses of persons under age 21 for certain offenses; surrender of license to court upon conviction; suspension of licenses of persons under age 18 for certain point accumulations; reinstatement of license following suspension.
40-5-57.2. Suspension based on violation of Code Section 40-6-255 [Repealed].
40-5-57.3. Penalty for multiple convictions of causing serious injury due to right of way violations.
40-5-58. Habitual violators; probationary licenses.
40-5-59. Reexamination of drivers believed to be incompetent or unqualified.
40-5-60. When revocation or suspension effective; notice.
40-5-61. Surrender and return of license; time served under such sentence credited toward fulfillment of period of revocation or suspension.
40-5-62. Periods of revocation; time served under such sentence credited toward fulfillment of period of revocation; conditions to restoration of license or issuance of new license.
40-5-63. Periods of suspension; conditions to return of license.
40-5-63.1. Clinical evaluation and substance abuse treatment programs for certain offenders.
40-5-64. Limited driving permits for certain offenders.
40-5-64.1. Ignition interlock device limited driving permits.
40-5-64.2. Report on issuance of optional ignition interlock device limited driving permits [Repealed].
40-5-65. Restriction as to operation under foreign license during period of revocation or suspension.
40-5-66. Appeals from decisions of department.
40-5-67. Seizure and disposition of driver's license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases.
40-5-67.1. (See Editor's notes.) Chemical tests; implied consent notices; rights of motorists; test results; refusal to submit; suspension or disqualification; administrative license suspension hearing and review; inspection and certification of breath-testing instruments.
40-5-67.2. Terms and conditions for implied consent license suspension; administrative license suspensions in relation to post-conviction suspension; eligibility for limited driving permit or ignition interlock device limited driving permit.
40-5-68. Suspension of licenses by operation of law for failure to complete alcohol or drug program [Repealed].
40-5-69. Circumstances not affecting suspensions by operation of law.
40-5-70. Suspension of drivers' licenses for failure to show proof of required minimum insurance; hearings; mandatory suspension.
40-5-71. Notice of insurance issuance, renewal, or termination; lapse fee; suspension of license following insurance termination; restricted driving permits [Repealed].
40-5-72. Forwarding of license, tag, and tag registration to department; notice; penalty.
40-5-73. Limited applicability.
40-5-74. Defacement or alteration of seized license prohibited.

Article 3A Suspension of License for Being in Control of a Moving Vehicle Under the Influence of a Controlled Substance or Marijuana.

40-5-75. Suspension of licenses by operation of law; reinstatement.
40-5-76. Court ordered reinstatement or suspension of license or issuance of limited driving permit or ignition interlock device limited driving permit; time credited toward fulfillment of period of license suspension.

Article 4 Restoration of Licenses to Persons Completing Defensive Driving Course or Alcohol or Drug Program. Article 5

40-5-80. Purpose of article.
40-5-81. Certification and approval of courses by department; prohibited behavior by a clinic or program.
40-5-82. Administration of program.
40-5-83. Establishment, approval, and operation of clinics and programs; out-of-state certificates of completion; instructor licenses; fees; submission of fingerprints by applicants.
40-5-83.1. Special licenses for driver improvement clinic instructors qualified to teach alcohol and drug course; clinic course offering [Repealed].
40-5-84. Reinstatement of licenses suspended for certain offenses or for points.
40-5-85. Reinstatement of licenses suspended for driving under influence of alcohol or drugs; red stripe on licenses of repeat offenders.
40-5-85.1. Driver improvement clinic ownership, operation, instruction, or employment by Department of Corrections employee or spouse [Repealed].
40-5-85.2. Attendance authorized at any driver improvement clinic or program certified under this article [Repealed].
40-5-86. Reduction of point count upon completion of course.
40-5-87. Conditions of article exclusive.
40-5-88. Administrative penalties.

Identification Cards for Persons Without Drivers' Licenses. Article 6

40-5-100. Personal identification cards; contents; possession of more than one card prohibited; optional contributions to and participation in voluntary programs.
40-5-101. Rules and regulations.
40-5-102. Applicant to furnish proof of birth date.
40-5-103. Fee; issuance period; exemptions from fees; renewal.
40-5-104. False statement in application.
40-5-105. Application of Code Section 40-5-2.
40-5-106. Impact of display to officer of identification in electronic format.

Miscellaneous Offenses and Jurisdiction of Offenses. Article 7

40-5-120. Unlawful use of license or identification card; penalties for violations of chapter generally.
40-5-121. Driving while license suspended or revoked.
40-5-122. Permitting unlicensed person to drive.
40-5-123. Permitting unauthorized minor to drive.
40-5-124. Jurisdiction of offenses.
40-5-125. Fraudulent driver's license or identification card; false statements or commission of fraud in applications; criminal violation.

Commercial Drivers' Licenses. Article 8

40-5-140. Short title.
40-5-141. Purpose and applicability of article; liberal construction.
40-5-142. Definitions.
40-5-143. Driving commercial motor vehicle with more than one license prohibited.
40-5-144. Notice required of driver when convicted of violating certain laws or when license is suspended, revoked, or canceled; information required of applicant for license.
40-5-145. Duties of employer.
40-5-146. Operation of commercial motor vehicle without valid license or driving privilege.
40-5-147. Requirements for issuance of license or instruction permit; administration of skills test by third party; waiver or exemption; disqualification and notice.
40-5-148. Nonresident license.
40-5-148.1. Restricted commercial licenses for persons in agricultural industry.
40-5-148.2. Issuance of nonresident commercial drivers' licenses.
40-5-148.3. Submission of medical examiner's certificate; penalty for false submissions.
40-5-149. Contents of application; application required when name, mailing address, or residence changed.
40-5-150. Contents of license; classifications; endorsements and restrictions; information to be obtained before issuance; notice of issuance; expiration of license; renewal.
40-5-151. Disqualification from driving; action required after suspending, revoking, or canceling license or nonresident privileges.
40-5-152. Operating vehicle while having measurable alcohol in system; refusal to take chemical test.
40-5-153. Implied consent to chemical test; administration of test; procedure.
40-5-154. Notice to licensing state of conviction of nonresident licensee for violation of state law or local ordinance.
40-5-155. Information to be available to driver's license administrators of other states, employers, and insurers.
40-5-156. Rules and regulations.
40-5-157. Authority for commissioner to enter into agreements, arrangements, or declarations.
40-5-158. Driving with license issued by state or province or territory of Canada in accordance with minimum federal standards.
40-5-159. Violations.

Identification Cards for Persons with Disabilities. Cross references. - Driver education course included for purposes of enrollment counts of public school students, § 20-2-160.

40-5-170. Definitions.
40-5-171. Issuance and contents of identification cards for persons with disabilities.
40-5-172. Term of card issued to person with permanent disability; issuance to person with temporary disability; renewal.
40-5-173. Format of card.
40-5-174. Proof of need for special transportation services for persons with disabilities.
40-5-175. Admission to seating for persons with disabilities at public events.
40-5-176. Rules and regulations.
40-5-177. Evidence of applicant's birth date required.
40-5-178. Fee for card; waiver for person with veteran's driver's license.
40-5-179. Fraudulent identification cards; penalties.

Registration and licensing of motor vehicles, T. 40, C. 2.

Licenses for driver training instructors and operators of driver training schools, T. 43, C. 13.

Editor's notes.

- Since the purpose of Ga. L. 1990, p. 2048, was to "revise, reorganize, modernize, consolidate, and clarify" laws relating to certain aspects of the motor vehicle code, wherever it was possible to do so, other Acts amending Title 40 were construed in conjunction with Ga. L. 1990, p. 2048. This construction particularly includes Acts amending a given Code section when the Code section was later renumbered or redesignated by Ga. L. 1990, p. 2048.

Ga. L. 1990, p. 2048, § 17, not codified by the General Assembly, provides: "Prosecution for any violation of Sections 4 and 5 of this Act occurring prior to January 1, 1991, is not affected or abated by this Act."

Administrative Rules and Regulations.

- Registration and Licensing of Vehicles, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Chapter 375-32.

Law reviews.

- For note on 1991 amendments to this chapter, see 8 Georgia. St. U.L. Rev. 129 (1992). For comment, "You Better Smile When You Say 'Cheese!': Whether the Photograph Requirement for Drivers' Licenses Violates the Free Exercise Clause of the First Amendment," see 61 Mercer L. Rev. 611 (2010).

JUDICIAL DECISIONS

Effect of chapter.

- O.C.G.A. T. 40, Ch. 5 comprehensively revised the provisions for licensing drivers. Littlejohn v. State, 165 Ga. App. 562, 301 S.E.2d 917 (1983).

OPINIONS OF THE ATTORNEY GENERAL

Suspension and retention of licenses of convicted racers.

- Amendment to the Uniform Rules of the Road Act (see now O.C.G.A. § 40-6-1 et seq.), having been approved by the Governor subsequent to approval of the Drivers Licensing Act, prevails over the Drivers Licensing Act to the extent that there is a conflict between them; thus, the department should continue to suspend and retain drivers licenses of persons convicted of racing in accordance with the provisions of the Uniform Rules of the Road Act and disregard the inconsistent provisions of the Drivers Licensing Act which were approved prior to the Uniform Rules of the Road Act. 1975 Op. Att'y Gen. 75-117.

Disclosure of driving record to private attorney may not be made without authorization from the driver to whom the disclosure relates. 1975 Op. Att'y Gen. No. 75-122.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 100 et seq.

ALR.

- Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle, or licensing of operator, 58 A.L.R. 532; 61 A.L.R. 1190; 78 A.L.R. 1028; 87 A.L.R. 1469; 111 A.L.R. 1258; 163 A.L.R. 1375.

Sufficiency of indictment or information charging in words of statute offense relating to operation of automobile, 115 A.L.R. 357.

Traffic violation as violation of law within provision of life or accident insurance policy or certificate excepting death or injury due to violation of law, 125 A.L.R. 1104.

Negligent entrustment of motor vehicle to unlicensed driver, 55 A.L.R.4th 1100.

ARTICLE 1 GENERAL PROVISIONS

Cross references.

- Completion of program for operation of watercraft while under influence of alcohol, toxic vapors, or drugs, § 52-7-12.

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