| HB 1249 - Motor vehicle purchases; bona fide temporary license plate |
First Reader Summary
A BILL to amend Article 1 of Chapter 2 of Title 40 of the
Official Code of Georgia Annotated, relating to general
provisions relating to the registration and licensing of motor
vehicles, so as to provide that a purchaser of a new or used
motor vehicle from a licensed dealer may operate such vehicle
before registering the vehicle and obtaining a permanent license
plate only if a bona fide temporary license plate is affixed to
the vehicle; and for other purposes.
HB 1249 LC 21 5720
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 1 of Chapter 2 of Title 40 of the Official
1- 2 Code of Georgia Annotated, relating to general provisions
1- 3 relating to the registration and licensing of motor
1- 4 vehicles, so as to provide that a purchaser of a new or used
1- 5 motor vehicle from a licensed dealer may operate such
1- 6 vehicle before registering the vehicle and obtaining a
1- 7 permanent license plate only if a bona fide temporary
1- 8 license plate is affixed to the vehicle; to provide that the
1- 9 state revenue commissioner shall issue a temporary license
1-10 plate to the purchaser of any new or used vehicle; to
1-11 provide for fees and conditions; to provide that dealers may
1-12 issue temporary license plates to purchasers of new or used
1-13 vehicles; to provide requirements and restrictions; to
1-14 provide for the maintenance of records; to provide for rules
1-15 and regulations; to provide for matters relative to the
1-16 foregoing; to repeal conflicting laws; and for other
1-17 purposes.
1-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-19 SECTION 1.
1-20 Article 1 of Chapter 2 of Title 40 of the Official Code of
1-21 Georgia Annotated, relating to general provisions relating
1-22 to the registration and licensing of motor vehicles, is
1-23 amended by striking in its entirety Code Section 40-2-8,
1-24 relating to the operation of an unregistered vehicle or a
1-25 vehicle without current license plate, revalidation decal,
1-26 or county decal, storage of an unlicensed vehicle, and
1-27 related matters, and inserting in lieu thereof the
1-28 following:
1-29 "40-2-8.
1-30 (a) Any person owning or operating any vehicle described
1-31 in Code Section 40-2-20 on any public highway or street
1-32 without complying with that Code section shall be guilty
1-33 of a misdemeanor, provided that a person shall register
1-34 his or her motor vehicle within 30 days after becoming a
-1-
2- 1 resident of this state. Any person renting, leasing, or
2- 2 loaning any vehicle described in Code Section 40-2-20
2- 3 which is being used on any public highway or street
2- 4 without complying with that Code section shall be guilty
2- 5 of a misdemeanor and, upon conviction thereof, shall be
2- 6 punished by a fine of $100.00 for each violation; and each
2- 7 day that such vehicle is operated in violation of Code
2- 8 Section 40-2-20 shall be deemed to be a separate and
2- 9 distinct offense.
2-10 (b)(1) Any Except as provided in Code Section 40-2-9,
2-11 any vehicle operated in the State of Georgia which is
2-12 required to be registered and which does not have
2-13 attached to the rear thereof a numbered license plate
2-14 and current revalidation decal affixed to a corner or
2-15 corners of the license plate as designated by the
2-16 commissioner, if required, shall be stored at the
2-17 owner's risk and expense by any law enforcement officer
2-18 of the State of Georgia.
2-19 (2) It shall be a misdemeanor to operate any vehicle
2-20 required to be registered in the State of Georgia
2-21 without a valid numbered license plate properly
2-22 validated; provided, however, that the purchaser of a
2-23 new vehicle or a used vehicle may operate such vehicle
2-24 on the public highways and streets of this state without
2-25 a current valid license plate during the period within
2-26 which the purchaser is required by Code Section 40-2-20
2-27 to register such vehicle; provided, further, that a
2-28 valid temporary license plate issued pursuant to Code
2-29 Section 40-2-9 shall be attached to the rear of any
2-30 such vehicle at all times during such period. The
2-31 county tag agent may upon request issue to such
2-32 purchaser a notice from the tag agent indicating that
2-33 such vehicle has been recently acquired and stating the
2-34 deadline for registering such vehicle in this state
2-35 during the applicable initial registration period, which
2-36 notice the purchaser may place on the rear of the
2-37 vehicle in the space provided for a license plate for
2-38 temporary display during such initial registration
2-39 period and prior to registration; provided, however,
2-40 that if any such notice is issued it shall not resemble
2-41 a license plate issued by this state and shall be issued
2-42 without charge or fee therefor.
2-43 (3) The purchaser and operator of a vehicle bearing a
2-44 temporary license plate as provided in Code Section
-2-
3- 1 40-2-9 shall not be subject to the penalties set forth
3- 2 in this Code section during the period allowed for the
3- 3 registration. If the owner of such vehicle presents
3- 4 evidence that such owner has properly applied for the
3- 5 registration of such vehicle, but that the license plate
3- 6 or revalidation decal has not been delivered to such
3- 7 owner, then the owner shall not be subject to the above
3- 8 penalties.
3- 9 (c) It Except as provided in Code Section 40-2-9, it shall
3-10 be unlawful and punishable as for a misdemeanor to operate
3-11 any vehicle required to be registered in the State of
3-12 Georgia without a valid county decal designating the
3-13 county where the vehicle was last registered. Any person
3-14 convicted of such offense shall be punished by a fine of
3-15 $25.00 for a first offense and $100.00 for a second or
3-16 subsequent such offense. However, a county name decal
3-17 shall not be required if there is no space provided for a
3-18 county name decal on the current license plate."
3-19 SECTION 2.
3-20 Said article is further amended by inserting at the end
3-21 thereof the following:
3-22 "40-2-9.
3-23 (a) The commissioner shall, subject to the limitations and
3-24 conditions set forth in this Code section, deliver
3-25 temporary license plates designed by the division to a
3-26 dealer who applies for at least 25 such plates and who
3-27 encloses with such application a fee of $1.00 for each
3-28 plate for which application is made. Such application
3-29 shall be made upon a form prescribed and furnished by the
3-30 division. Dealers, subject to the limitations and
3-31 conditions set forth in this Code section, may issue such
3-32 temporary license plates to owners of vehicles, provided
3-33 that such owners shall comply with the pertinent
3-34 provisions of this Code section.
3-35 (b) Every dealer who has made application for temporary
3-36 license plates shall maintain in permanent form a record
3-37 of all temporary license plates delivered to him or her,
3-38 and shall also maintain in permanent form a record of all
3-39 temporary license plates issued by him or her, and in
3-40 addition shall maintain in permanent form a record of any
3-41 other information pertaining to the receipt or the
3-42 issuance of temporary license plates that the division may
3-43 require. Each record shall be kept for a period of at
-3-
4- 1 least one year from the date of entry of such record.
4- 2 Every dealer shall allow full and free access to such
4- 3 records during regular business hours to duly authorized
4- 4 representatives of the division and to peace officers.
4- 5 (c) Every dealer who issues a temporary license plate
4- 6 shall also issue a temporary license certificate upon a
4- 7 form furnished by the division and deliver it with the
4- 8 license plate to the owner.
4- 9 (d) A dealer shall:
4-10 (1) Not issue, assign, transfer, or deliver temporary
4-11 license plates to any person other than a bona fide
4-12 purchaser or owner of a vehicle which he or she has
4-13 sold;
4-14 (2) Not issue a temporary license plate without first
4-15 obtaining from the purchaser or owner a written
4-16 application for titling and registration of the vehicle
4-17 and the applicable fees;
4-18 (3) Within ten working days, mail or deliver the
4-19 application and fees to the appropriate county tag agent
4-20 for processing. Delivery need not be made if the
4-21 contract for sale has been rescinded in writing by all
4-22 parties to the contract;
4-23 (4) Not deliver a temporary license plate to any person
4-24 purchasing a vehicle that has an unexpired license plate
4-25 that is to be transferred to the purchaser; and
4-26 (5) Not lend to any person or use on any vehicle that he
4-27 or she may own any temporary license plate.
4-28 (e) A dealer may issue a temporary license plate, without
4-29 obtaining the written application for titling and
4-30 registration or collecting the applicable fees, to any
4-31 nonresident for the purpose of removing the vehicle from
4-32 the state.
4-33 (f) Every dealer who issues a temporary license plate
4-34 shall write clearly and indelibly on the face of the
4-35 temporary license plate:
4-36 (1) The dates of issuance and expiration;
4-37 (2) The make, motor number, and serial number of the
4-38 vehicle; and
-4-
5- 1 (3) Any other information that the division may require.
5- 2 (g) It shall be unlawful for any person to issue a
5- 3 temporary license plate containing any misstatement of
5- 4 fact or knowingly to write any false information on the
5- 5 face of the plate.
5- 6 (h) If the division finds that the provisions of this Code
5- 7 section or the directions of the division are not being
5- 8 complied with by any dealer, it may suspend, after notice
5- 9 and hearing, the right of a dealer to issue temporary
5-10 license plates.
5-11 (i) Every person to whom a temporary license plate has
5-12 been issued shall permanently destroy such temporary
5-13 license plate immediately upon receiving the permanent
5-14 license plate; provided, however, that if the permanent
5-15 license plate is not received within 30 days of the
5-16 issuance of the temporary license plate, the owner shall
5-17 destroy the temporary license plate immediately upon the
5-18 expiration of such 30 day period.
5-19 (j) A temporary license plate shall expire and become void
5-20 upon the receipt of a permanent license plate, upon the
5-21 rescission of a contract to purchase a motor vehicle, or
5-22 upon the expiration of 30 days from the date of issuance,
5-23 whichever event shall first occur. No refund or credit of
5-24 fees paid by a dealer to the division for temporary
5-25 license plates shall be allowed, except in the event that
5-26 the dealer discontinues business. In this event the
5-27 unissued license plates with the unissued license
5-28 certificates shall be returned to the division and the
5-29 dealer may petition for a refund.
5-30 (k) A temporary license plate may be used on the vehicle
5-31 for which it was issued only and may not be transferred,
5-32 loaned, or assigned to another vehicle. In the event a
5-33 temporary license plate or temporary license certificate
5-34 is lost or stolen, the owner shall promptly destroy the
5-35 remaining plate or certificate, and the vehicle for which
5-36 the lost or stolen temporary license plate has been
5-37 issued may be operated on the highways of this state until
5-38 the regular license plate is received and attached to such
5-39 vehicle.
5-40 (l) The commissioner shall have the power to make such
5-41 rules and regulations, not inconsistent with this Code
5-42 section, as he or she shall deem necessary for the purpose
5-43 of carrying out the provisions of this Code section."
-5-
6- 1 SECTION 3.
6- 2 All laws and parts of laws in conflict with this Act are
6- 3 repealed.
-6-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 01/26/00
