07 HB 518/FA
House
Bill 518 (AM)
By:
Representative Rice of the
51st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles, so as to provide for a definition of a commercial motor vehicle; to
provide for expiration of license plates issued to manufacturers, distributors,
and dealers; to provide for annual and staggered registration by dealers,
manufacturers, and transporters; to provide for the suspension or revocation of
commercial motor vehicles when not in compliance with federal safety
regulations; to provide for fees; to change the time limit for registration
applications from 90 to 30 days; to provide for cancellation of certificates of
title for vehicles designated for scrap metal or to be dismantled or demolished;
to provide for applicability; to provide for effective dates; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles, is
amended in Code Section 40-1-1, relating to definitions, by adding a new
paragraph to read as follows:
"(8.3)
'Commercial motor vehicle' means any self-propelled or towed motor vehicle used
on a highway in intrastate and interstate commerce to transport passengers or
property when the vehicle:
(A)
Has a gross vehicle weight rating, gross combination weight rating, gross
vehicle weight, or gross combination weight of 4,537 kg (10,001 lbs.) or
more;
(B)
Is designed or used to transport more than eight passengers, including the
driver, for compensation;
(C)
Is designed or used to transport more than 15 passengers, including the driver,
and is not used to transport passengers for compensation; or
(D)
Is used to transport material determined to be hazardous by the secretary of the
United States Department of Transportation under 49 U.S.C. Section 5103 and
transported in a quantity that requires placards under regulations prescribed
under 49 C.F.R., Subtitle B, Chapter I, Subchapter C."
SECTION
2.
Said
title is further amended in Code Section 40-2-38, relating to registration and
licensing of manufacturers, distributors, and dealers, by revising paragraph (1)
of subsection (a) as follows:
"(a)(1)
Manufacturers, distributors, and dealers engaged in the manufacture, sale, or
leasing of vehicles required to be registered under Code Section 40-2-20 shall
register with the commissioner, making application for a distinguishing
dealer´s number, specifying the name and make of motor vehicle, tractor, or
trailer manufactured, sold, or leased by them, upon forms prepared by the
commissioner for such purposes, and pay therefor a fee of $62.00, which shall
accompany such application. Upon payment of such fee by a dealer, the
commissioner shall furnish to the dealer one master number plate to expire
December 31
of each year
in accordance
with subsection (f) of this Code section,
to be known as a dealer´s number and to be distinguished from the number
plates provided for in this chapter by different and distinguishing colors to be
determined by the commissioner. The dealer plate for a franchise motor vehicle
dealer shall be distinguishable from the dealer plate for a used car dealer and
from the dealer plate for a motor vehicle wholesaler. A dealer´s number
plate is for the purpose of demonstrating or transporting dealer´s vehicles
or trailers for sale or lease. Persons engaged in the business of transporting
vehicles for a dealer under a vehicle´s own power shall be permitted to use
such dealer´s plate for the purpose of transporting a
vehicle."
SECTION
3.
Said
title is further amended in said Code section by adding two new subsections to
read as follows:
"(f)(1)
The expiration of a license plate issued pursuant to this Code section shall be
the last day of the registration period as provided in division (a)(1)(A)(ii) of
Code Section 40-2-21, except that for the purposes of this subsection, the
registration period shall be determined by the first letter of the legal name of
the business listed on the application for registration or renewal of
registration. An application for renewal of registration shall not be submitted
earlier than 90 days prior to the last day of the registration period. A
penalty of 25 percent of the total registration fees due shall be assessed any
person registering pursuant to this Code section who, prior to the expiration of
such person´s registration period, fails to apply for renewal or if having
applied fails to pay the required fees.
(2)
A transition period shall commence on October 1, 2007, and conclude on December
31, 2007, for all existing registrations and any new registration applications
presented prior to January 1, 2008. On or after January 1, 2008, new
applications for registration shall be submitted and remain valid until the
expiration of such registration as specified in paragraph (1) of this
subsection.
(g)
The commissioner shall adopt rules and regulations for the implementation of
this Code section."
SECTION
4.
Said
title is further amended in Code Section 40-2-38.1, relating to transporter
license plates, by adding two new subsections to read as follows:
"(i)(1)
The expiration of a license plate issued pursuant to this Code section shall be
the last day of the registration period as provided in division (a)(1)(A)(ii) of
Code Section 40-2-21, except that for the purposes of this subsection, the
registration period shall be determined by the first letter of the legal name of
the business listed on the application for registration or renewal of
registration. An application for renewal of registration shall not be submitted
earlier than 90 days prior to the last day of the registration period. A
penalty of 25 percent of the total registration fees due shall be assessed any
person registering pursuant to this Code section who, prior to the expiration of
such person´s registration period, fails to apply for renewal or if having
applied fails to pay the required fees.
(2)
A transition period shall commence on October 1, 2007, and conclude on December
31, 2007, for all existing registrations and any new registration applications
presented prior to January 1, 2008. On or after January 1, 2008, new
applications for registration shall be submitted and remain valid until the
expiration of such registration as specified in paragraph (1) of this
subsection.
(j)
The commissioner shall adopt rules and regulations for the implementation of
this Code section."
SECTION
5.
Said
title is further amended in Article 6 of Chapter 2, relating to administration
and enforcement of chapter, by adding a new Code section to read as
follows:
"40-2-138.
Any
vehicle which is prohibited by any federal agency acting pursuant to federal
law, rule, or regulation from being operated in intrastate commerce shall not be
eligible for registration under this article, and the commissioner shall suspend
or revoke such registration for any vehicle so prohibited from
operating."
SECTION
6.
Said
title is further amended in subsection (a) of Code Section 40-2-151, relating to
annual license fees for operation of vehicles and permanent licensing of certain
trailers, by revising paragraphs (1) through (11) as follows:
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"(1)
For each passenger motor vehicle not operated as a common or contract carrier
for hire
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$
20.00
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(2)
For each motorcycle
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20.00
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(3)(A)
For each private
truck
commercial
motor vehicle in accordance with the owner
declared gross vehicle weight
rating,
as follows:
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(i)
Less than
14,000 lbs.
10,001 lbs. to
14,000 lbs.
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20.00
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(ii)
14,000 to 18,000 lbs.
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25.00
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(iii)
18,001 to 26,000 lbs.
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38.00
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(iv)
26,001 to 30,000 lbs.
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45.00
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(v)
30,001 to 36,000 lbs.
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70.00
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(vi)
36,001 to 44,000 lbs.
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115.00
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(vii)
44,001 to 54,999 lbs.
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190.00
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(viii)
55,000 to 63,280 lbs.
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300.00
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(ix)
63,281 lbs. to maximum permitted
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400.00
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(B)
Subparagraph (A) of this paragraph notwithstanding:
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(i)
A straight truck which is not a truck-tractor shall not be classified higher
than $75.00;
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(ii)
A straight truck hauling fertilizer or agricultural products shall not be
classified higher than $31.00; and
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(iii)
A truck-tractor hauling fertilizer, milk, or crops as defined in paragraph (7.1)
of Code Section 1-3-3 shall not be classified higher than $220.00;
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(4)
For each farm truck
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20.00
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(5)
Except as otherwise specifically provided in this Code section, for each private
trailer
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20.00
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(6)(A)
For each farm trailer including, but not limited to, horse and cattle trailers,
the maximum fee shall be $12.00.
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(B)
There shall be no fee for trailers:
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(i)
Used exclusively to haul agricultural products from one place on the farm to
another or from one farm or field to another;
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(ii)
With no springs which are being employed in hauling unprocessed farm products to
their market destination; and
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(iii)
With no springs which are pulled from a tongue and used primarily to transport
fertilizer to the farm;
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(7)
For house trailers, auto trailers, and boat trailers, whether pulled by a
private automobile or a private truck, and not used as or in connection with a
motor vehicle, truck, or tractor used as a common or contract carrier for
hire
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12.00
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(8)
For trailers used as or in connection with a motor vehicle, truck, or tractor
used as a common or contract carrier for hire
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12.00
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(9)
For each motor bus or van-type vehicle used as a common or contract carrier for
hire in public transportation transporting passengers, the
following:
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(A)
Weighing 10,000 pounds or less, $1.90 per 100 pounds factory weight or
fractional part of 100 pounds factory weight;
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(B)
Weighing more than 10,000 pounds and not over 15,000 pounds factory weight,
$2.75 for each 100 pounds or fractional part of 100 pounds factory
weight;
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(C)
Weighing more than 15,000 pounds and not more than 20,000 pounds factory weight,
$3.45 for each 100 pounds or fractional part of 100 pounds factory weight;
and
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(D)
Weighing more than 20,000 pounds factory weight, $3.75 for each 100 pounds or
fractional part of 100 pounds factory weight. No motor bus license fee shall
exceed $875.00;
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(10)(A)
For each
truck or
nonpassenger-carrying
commercial
motor vehicle operated as a common or contract carrier for hire in accordance
with owner declared gross vehicle weight
rating,
as follows:
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(i)
Less than
14,000 lbs.
10,001 lbs. to
14,000 lbs.
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20.00
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(ii)
14,000 to 18,000 lbs.
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25.00
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(iii)
18,001 to 26,000 lbs.
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38.00
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(iv)
26,001 to 30,000 lbs.
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85.00
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(v)
30,001 to 36,000 lbs.
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130.00
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(vi)
36,001 to 44,000 lbs.
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215.00
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(vii)
44,001 to 54,999 lbs.
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365.00
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(viii)
55,000 to 63,280 lbs.
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575.00
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(ix)
63,281 lbs. to maximum permitted
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725.00
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(B)
Subparagraph (A) of this paragraph notwithstanding, a straight truck which is
not a truck-tractor shall not be classified higher than $150.00;
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(11)
For each
truck
commercial
motor vehicle leased to a common or
contract carrier without regard to the duration of the lease and in accordance
with the
owner
declared gross vehicle weight
rating,
the same license fees as required under paragraph (10) of this Code
section;"
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SECTION
7.
Said
title is further amended in Code Section 40-3-21, relating to application for
first certificate of title, by revising the introductory language of subsection
(a) and paragraph (2) of subsection (b) as follows:
"(a)
The application for the first certificate of title of a vehicle in this state
shall be made by the owner to the commissioner or the commissioner´s duly
authorized county tag agent on the prescribed form. Except as provided in
subsection (b) of this Code section, the application must be submitted to the
commissioner or the appropriate authorized county tag agent by the owner of the
vehicle within
90
30
days from the date of purchase of the vehicle or from the date the owner is
otherwise required by law to register the vehicle in this state. If the owner
does not submit the application within that time, the owner of the vehicle shall
be required to pay a penalty of $10.00 in addition to the ordinary title fee
provided for by this chapter. If the documents submitted in support of the title
application are rejected, the party submitting the documents shall have 60 days
from the date of rejection to resubmit the documents required by the
commissioner or the authorized county tag agent for the issuance of a
certificate of title. Should the documents not be properly resubmitted within
the 60 day period, there shall be an additional $10.00 penalty assessed, and the
owner of the vehicle shall be required to remove immediately the license plate
of the vehicle and return same to the commissioner or the authorized county tag
agent. The license plate shall be deemed to have expired at 12:00 Midnight of
the sixtieth day following the initial rejection of the documents submitted, if
the documents have not been resubmitted as required under this subsection. Such
application shall contain:"
"(2)
If the application refers to a vehicle purchased from a dealer, it shall contain
the name and address of the holder of any security interest created or reserved
at the time of the sale by the dealer. The application shall be signed by the
owner and, unless the dealer´s signature appears on the certificate of
title or manufacturer´s statement of origin submitted in support of the
title application, the dealer, provided that as an alternative to a handwritten
signature, the commissioner may authorize use of a digital signature as long as
appropriate security measures are implemented which assure security and
verification of the digital signature process, in accordance with regulations
promulgated by the commissioner. The dealer shall promptly mail or deliver the
application to the commissioner or the county tag agent of the county in which
the seller is located, of the county in which the sale takes place, of the
county in which the vehicle is delivered, or of the county wherein the vehicle
owner resides so as to have the application submitted to the commissioner or
such authorized county tag agent within
90
30
days from the date of the sale of the vehicle. If the application is not
submitted within that time, the dealer, or in nondealer sales the transferee,
shall be required to pay a penalty of $10.00 in addition to the ordinary title
fee paid by the transferee provided for in this chapter. If the documents
submitted in support of the title application are rejected, the dealer
submitting the documents shall have 60 days from the date of initial rejection
to resubmit the documents required by the commissioner or authorized county tag
agent for the issuance of a certificate of title. Should the documents not be
properly resubmitted within 60 days, there shall be an additional penalty of
$10.00 assessed against the dealer. The willful failure of a dealer to obtain a
certificate of title for a purchaser shall be grounds for suspension or
revocation of the dealer´s state issued license and registration for the
sale of motor vehicles."
SECTION
8.
Said
title is further amended in Code Section 40-3-32, relating to transfers of
vehicles, by revising subsection (b) as follows:
"(b)
Except as provided in Code Section 40-3-33, the transferee, promptly after
delivery to him of the vehicle and certificate of title, shall execute the
application for a new certificate of title on the form the commissioner
prescribes and cause the application and the certificate of title to be mailed
or delivered to the commissioner or his appropriate authorized county tag agent
together with the application for change of registration for the vehicle, so
that the title application shall be received within
90
30
days from the date of the transfer of the vehicle. If the title application is
not received within that time, the owner shall be required to pay a penalty of
$10.00 in addition to the ordinary title fee provided for by this chapter. If
the documents submitted in support of the title application are rejected, the
party submitting the documents shall have 60 days from the date of initial
rejection to resubmit the documents required by the commissioner for the
issuance of title. If the documents are not properly resubmitted within 60 days,
there shall be an additional $10.00 penalty assessed, and the owner of the
vehicle shall be required to remove immediately the license plate of the vehicle
and return same to the commissioner. The license plate shall be deemed to have
expired at 12:00 Midnight of the sixtieth day following the initial rejection of
the documents, if the documents have not been resubmitted as required under this
subsection."
SECTION
9.
Said
title is further amended in Code Section 40-3-33, relating to transfer of
vehicle to or from dealer and records to be kept by dealers, by revising
subsection (c) as follows:
"(c)
Except as otherwise provided for in subsection (c) of Code Section 40-3-32, the
dealer shall submit a properly completed certificate of title application and
proper supporting documents to the commissioner or to the appropriate authorized
county tag agent so that the application and supporting documents shall be
submitted to the commissioner or the appropriate authorized county tag agent
within
90
30
days from the date of the transfer of the vehicle. If the application and
supporting documents are not submitted within that time, the dealer shall be
required to pay a penalty of $10.00 in addition to the ordinary title fee as
provided by this chapter. If the documents submitted in support of the title
application are rejected, the dealer submitting the documents shall have 60 days
from the date of initial rejection to resubmit the documents required by the
commissioner for the issuance of title. If the documents are not properly
resubmitted within 60 days, there shall be an additional penalty of $10.00
assessed against the dealer. The willful failure of a dealer to obtain a
certificate of title for a purchaser shall be grounds for suspension or
revocation of the dealer´s state issued license and registration for the
sale of motor vehicles."
SECTION
10.
Said
title is further amended in Code Section 40-3-34, relating to transfer of
vehicle by operation of law, by revising subsections (a) and (b) as
follows:
"(a)
If the interest of an owner in a vehicle passes to another other than by
voluntary transfer, the transferee shall, except as provided in subsection (b)
of this Code section, mail or deliver to the commissioner or his appropriate
authorized county tag agent the last certificate of title, if available; proof
of the transfer; and his application for a new certificate in the form the
commissioner prescribes, together with the application for change of
registration for the vehicle so that the title application and other documents
shall be received by the commissioner or his appropriate authorized county tag
agent no later than
90
30
days from the date that the transferee acquired the interest in the vehicle. If
the title application and other documents are not received within that time, the
transferee shall be required to pay a penalty of $10.00 in addition to the
ordinary title fee provided for by this chapter. If the documents submitted in
support of the title application are rejected, the party submitting the
documents shall have 60 days from the date of initial rejection to resubmit the
documents required by the commissioner for the issuance of title. Should the
documents not be properly resubmitted within the 60 day period, there shall be
an additional $10.00 penalty assessed, and the owner of the vehicle shall be
required to remove immediately the license plate of the vehicle and return same
to the commissioner. The license plate shall be deemed to have expired at 12:00
Midnight of the sixtieth day following the initial rejection of the documents,
if the documents have not been resubmitted as required in this subsection. If
the last certificate of title is not available for transfer under this Code
section, then the transferee shall forward such proof of transfer as the
commissioner may by regulation prescribe.
(b)
If the interest of the owner is terminated, whether the vehicle is sold pursuant
to a power contained in a security agreement or by legal process at the instance
of the holder either of a security interest or a lien, the transferee shall
promptly mail or deliver to the commissioner or his appropriate authorized
county tag agent the last certificate of title, if available; proof of transfer;
his application for a new certificate, in the form prescribed by the
commissioner; and an affidavit made by or on behalf of the holder of a security
interest in or lien on the vehicle with respect to the termination of the
interest of the owner, so as to have the application and supporting documents
submitted to the commissioner or his appropriate authorized county tag agent
within
90
30
days from the date the transferee acquired the interest in the vehicle. If the
application and supporting documents are not submitted within that time, the
transferee shall be required to pay a penalty of $10.00 in addition to the
ordinary title fee prescribed by this chapter. If the documents submitted in
support of the title application are rejected, the transferee submitting the
documents shall have 60 days from the date of initial rejection to resubmit the
documents required by the commissioner for the issuance of title. If the
documents are not properly resubmitted within 60 days, there shall be an
additional $10.00 penalty assessed, and the owner of the vehicle shall be
required to remove immediately the license plate of the vehicle and return same
to the commissioner. The license plate shall be deemed to have expired at 12:00
Midnight of the sixtieth day following the initial rejection of the documents,
if the documents have not been resubmitted as required under this subsection. If
the holder of a security interest or lien succeeds to the interest of the owner
and holds the vehicle for resale, he need not secure a new certificate of title
but, upon transfer, shall promptly deliver to the transferee the last
certificate of title, if available, and such other documents as the commissioner
may require by rule or regulation."
SECTION
11.
Said
title is further amended in Code Section 40-3-36, relating to cancellation of
certificate of title for scrap, dismantled, or demolished vehicles, by revising
paragraph (1) of subsection (a) as follows:
"(a)(1)
Any registered owner or authorized agent of a registered owner who in any manner
sells or disposes of any
motor
vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a
motor
vehicle shall within 72 hours mail or deliver the certificate of title to the
commissioner for cancellation."
SECTION
12.
Sections
3 and 4 of this Act shall become effective on July 1, 2007, and all other
provisions shall become effective January 1, 2008.
SECTION
13.
All
laws and parts of laws in conflict with this Act are repealed.