Unlawful to Operate Vehicle Without Serviceable Emission Control Device; Penalty; Exceptions

1. Law
2. Georgia Code
3. Motor Vehicles and Traffic
4. Equipment and Inspection of Motor Vehicles
5. Control of Vehicle Emissions
6. Emission Control Devices Generally
7. Unlawful to Operate Vehicle Without Serviceable Emission Control Device; Penalty; Exceptions

1. It shall be unlawful for the owner of any motor vehicle to operate or permit the operation of such vehicle on which any device controlling or abating atmospheric emissions which is placed on a motor vehicle by the manufacturer pursuant to regulations promulgated by the United States secretary of health and human services in accordance with the provisions of Title II, the National Emissions Standards Act, of the Air Quality Act of 1967, Public Law 90-148 has been rendered unserviceable by removal, alteration, or other interference with its operation.
2. Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
3. Subsection (a) of this Code section shall not apply to any person repairing any such device described in that subsection or to the removal of any such device by any person for the purpose of repairing or replacing such device.
4. Subsection (a) of this Code section shall not apply to any person removing any such device for the purpose of converting any motor vehicle to operate on natural or liquefied petroleum gas or make any other modifications which would reduce atmospheric emissions.

(Ga. L. 1971, p. 188, § 1; Ga. L. 1982, p. 3, § 40; Ga. L. 1997, p. 143, § 40.)

OPINIONS OF THE ATTORNEY GENERAL

No exemption for dual fuel capacity vehicles under O.C.G.A. Art. 2, Ch. 8, T. 40 is provided under O.C.G.A. § 40-8-130. 1981 Op. Att'y Gen. No. 81-84.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 202. 21 Am. Jur. 2d, Criminal Law, §§ 1, 18 et seq.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 52.

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