09 LC
34 2083
House
Bill 404
By:
Representatives Powell of the
29th
and 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 a new definition for a taxicab and a limousine; to
provide for a new Code section related to the registration and licensing of
taxicabs and limousines; to provide for related matters; to provide for an
effective date; 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 general definitions, by adding new
paragraphs to read as follows:
"(24.1)
'Limousine' has the same meaning as provided in Code Section
46-7-85.1."
"(63.1)
'Taxicab' means a motor common carrier for hire which conveys passengers between
locations of their choice and is a mode of public transportation for a single
passenger, or small group for a fee. Such term shall also mean taxi or cab, but
not a limousine."
SECTION
2.
Said
title is further amended in Code Section 40-2-137, relating to definitions for
administration and enforcement of registration and licensing of motor vehicles,
by revising said Code section as follows:
"40-2-137.
(a)
As used in this Code section, the term:
(1)
'Commercial vehicle policy' means a policy of motor vehicle liability insurance
insuring a motor vehicle that is rated or insured as a business use or
commercial use vehicle or is licensed by the state as a commercial
vehicle.
(2)
'Fleet policy' means a commercial vehicle policy that insures two or more
vehicles that are not identified individually by vehicle identification number
on the policy or a commercial policy that is subject to adjustment by audit for
vehicle changes at the end of the policy period.
(3)
'Lapse' means one or more days upon which the records of the department do not
reflect that a motor vehicle was covered by a policy of minimum motor vehicle
insurance coverage.
(4)
'Minimum motor vehicle insurance coverage' means minimum coverage as specified
in Chapter 34 of Title 33.
(5)
'Proof of minimum insurance coverage' means the receipt from an insurer by the
department of notice of such insurance coverage by electronic transmission or
other means approved by the department.
(6)
'Terminate' or 'termination' means actual cessation of insurance coverage after
the date upon which coverage will not be restored for any reason, including
without limitation cancellation, nonrenewal, and nonpayment of premium and
without regard to whether such cessation was preceded by any extension or grace
period allowed by the insurer.
(b)(1)
After receipt of notification of coverage termination, if the department does
not, on or before the effective date of such termination, receive notice from an
insurer that new minimum motor vehicle insurance coverage for such motor vehicle
has been issued, the department shall send a notice to the owner of the motor
vehicle stating that the department has been informed of the fact of the
coverage termination and informing the owner of the penalties provided by law.
The department shall send such notice to the address of the owner of the motor
vehicle shown on the records of the department. The mailing of such notice by
the department to the address of the owner of the motor vehicle as shown on the
records of the department shall be deemed conclusively to be notice to such
owner of such owner's duty to maintain the required minimum insurance coverage
and the possible penalties and consequences for failing to do so and shall be
deemed to satisfy all notice requirements of law and no further notice to the
owner shall be required for the suspensions and revocations provided for in this
Code section.
(2)
It shall be the duty of the owner of such motor vehicle to obtain minimum motor
vehicle insurance coverage and it shall be the duty of the owner's insurer to
provide proof of such coverage to the department within 30 days of the date of
such notice, pursuant to the requirements of subparagraph (b)(1)(A) of Code
Section 40-5-71. If the vehicle is covered by a fleet policy, the owner's
insurer shall not be required to provide such proof to the department by
electronic means.
(c)(1)
When proof of minimum motor vehicle insurance coverage is provided within the
time
period specified in this Code section, but there has been a lapse of coverage
for a period of more than ten days, the owner shall remit a $25.00 lapse fee to
the department. Failure to remit the lapse fee to the department within 30 days
of the date
on which
the notification was mailed by the
department
of such
notice will result in the suspension of
the owner's motor vehicle registration by operation of law as if the proof had
not been provided in a timely manner as provided in paragraph (2) of this
subsection. If any lapse fee provided for in this Code section is paid to the
county tax commissioner, the county shall retain $5.00 thereof as a collection
fee.
(2)
If proof is not provided within the time period specified in this Code section
that minimum motor vehicle insurance coverage is in effect, the owner's motor
vehicle registration shall be suspended immediately by operation of law by the
department. When such proof is provided and the owner pays a $25.00 lapse fee
and pays a $60.00 restoration fee, the suspension shall terminate; provided,
however, that the commissioner may waive the lapse fee and restoration fee for
any owner whose vehicle registration has been suspended pursuant to this
paragraph who provides proof of continuous minimum motor vehicle insurance
coverage. If any restoration fee provided for in this Code section is paid to
the county tax commissioner, the county shall retain $10.00 thereof as a
collection fee.
(3)
In the event of a second suspension of the owner's registration under this Code
section on or after December 1, 2003, during any five-year period, the
department by operation of law shall suspend the motor vehicle
registration.
When
for a
period of 90 days. After the 90 day suspension period and
when proof is provided that minimum motor
vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee
and pays a $60.00 restoration fee, the suspension shall terminate.
(4)
In the event of a third or subsequent suspension of the owner's registration
under this Code section on or after December 1, 2003, during any five-year
period, the department by operation of law shall revoke the motor vehicle
registration.
When
and no new
application for registration shall be accepted for a period of six months after
such revocation. After six months from the date of revocation and
when proof is provided that minimum motor
vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee
and pays a $160.00 restoration fee, the owner may apply for registration of the
motor vehicle.
(d)(1)
The commissioner may waive the lapse fee for any owner whose vehicle
registration has been voluntarily canceled pursuant to Code Section
40-2-10.
(2)
Upon being presented with a copy of official orders or other satisfactory proof
of ordered duty as approved by rule or regulation of the commissioner showing
that an owner of a motor vehicle was deployed outside the continental United
States on active military duty in the armed forces of the United States at the
time his or her minimum motor vehicle insurance coverage for such vehicle
terminated, the county tag agent shall waive the lapse fee and restoration fee,
suspension of the owner's motor vehicle registration under this Code section
shall terminate, and application for registration of the vehicle which otherwise
satisfies requirements provided by law may be accepted without
delay.
(e)
The commissioner may promulgate such rules and regulations as are necessary to
implement this Code section.
(f)
The
department shall commence suspending motor vehicle registrations as provided in
this Code section on December 1, 2003. The department shall commence requiring
payment of lapse fees and restoration fees as provided in this Code section on
January 1, 2004
Reserved.
(g)
The county tax commissioner shall have the authority to waive a lapse fee if
sufficient proof is provided that no actual lapse in coverage occurred. This
proof must be retained by the county tax commissioner for audit
purposes.
(h)
Notwithstanding any provision of law to the contrary, a person on active
military duty in the armed forces of the United States whose motor vehicle is
registered in this state and has license plates from this state and who, as a
result of his or her military duties or assignment, is required to reside in
another state may meet the requirements for minimum motor vehicle liability
coverage by purchasing such coverage in amounts equal to or greater than the
minimum coverages required by Georgia law and providing proof of such coverage
to the department. In such cases, the motor vehicle shall continue to be
registered and licensed in this state as long as it otherwise meets the
requirements of law."
SECTION
3.
Said
title is further amended in Article 7, relating to administration and
enforcement of registration and licensing of motor vehicles, by adding a new
Code section to read as follows:
"40-2-168.
Owners
of a taxicab or limousine, prior to commencing operation in this state, shall,
upon complying with the motor vehicle laws relating to registration and
licensing of motor vehicles, and the payment of an annual registration fee of
$25.00, be issued a distinctive license plate by the commissioner. Such
distinctive license plate shall be designed by the commissioner and displayed on
the vehicle as provided in Code Section 40-2-41. The certificate of
registration shall be kept in the vehicle. Revalidation decals shall be issued,
upon payment of fees required by law, in the same manner as provided for general
issue license plates. Such license plates shall be transferred from one vehicle
to another vehicle of the same class acquired by the same person in the same
manner as provided in Code Section 40-2-42. The transition period shall
commence upon the effective date of this Code Section and conclude no later than
December 31, 2009, for all existing registrations. For all existing
registrations, except during the owner's registration period as provided in Code
Section 40-2-21, the commissioner shall exchange and replace any current and
valid registration and license plate at no charge to the
owner."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.