hb1004_LC_34_0499_a_2.html
06 LC 34 0499
House Bill 1004
By: Representatives Sims of the 169th, Rice of the 51st, and Crawford of the 127th

A BILL TO BE ENTITLED
AN ACT

To amend Chapters 2, 3, and 5 of Title 40 of the Official Code of Georgia Annotated, relating to registration, licensing, and certificates of title for motor vehicles and driverś licenses, so as to provide for registration of all-terrain vehicles; to provide for certificates of title for such vehicles; to provide for certain drivers of such vehicles to be licensed drivers; to provide for operators of all-terrain vehicles under the age of 16 to complete a safety course; to provide for supervision of children under the age of 16 operating all-terrain vehicles; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-20 in its entirety and inserting in its place the following:
∀40-2-20.
(a)(1)(A) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor, or motorcycle, or all-terrain vehicle, and every owner of a trailer shall, during the owneŕs registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such persońs next registration period.
(B)(i) The purchaser or other transferee owner of every new or used motor vehicle, including tractors, and motorcycles, and all-terrain vehicles, or trailer shall, within the initial registration period of such vehicle, register such vehicle as provided in this chapter and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such persońs next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. The commissioner may provide by rule or regulation for one 30 day extension of such initial registration period which may be granted by the county tag agent to a purchaser or other transferee owner if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period.
(ii) No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of a salvage motor vehicle or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed motor vehicle or a court ordered sale or other involuntary transfer, the lienholder or the transferor shall not be required to provide the certificate of registration for such vehicle but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail or statutory overnight delivery for cancellation.
(2) An application for the registration of a motor vehicle may not be submitted separately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owneŕs name, has been applied for in the owneŕs name, or the motor vehicle is not required to be titled. An application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle.
(b) Subsection (a) of this Code section shall not apply:
(1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-37;
(2) To any tractor or three-wheeled motorcycle used only for agricultural purposes;
(2.1) To any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet;
(3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination;
(4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm;
(5) To any motorized cart; or
(6) To any moped.
Notwithstanding any provision of this subsection to the contrary, any all-terrain vehicle must be registered.∀

SECTION 2.
Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens for motor vehicles, is amended by striking paragraph (16) of Code Section 40-3-4, relating to vehicles excluded from registration, and inserting in its place the following:
∀(16) A vehicle which is not sold for the purpose of lawful highway use; provided, however, a certificate of title shall be required for an all-terrain vehicle;∀.

SECTION 3.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driverś licenses, is amended by adding a new subsection (c) to Code Section 40-5-21, relating to exemptions from licensing requirements, to read as follows:
∀(c) Nothing in this Code section shall be construed to permit the operation of all-terrain vehicles on the public highways of this state unless the vehicle is being used for law enforcement purposes.∀

SECTION 4.
Said chapter is further amended by adding a new Code Section 40-5-22.2 immediately following Code Section 40-5-22.1, relating to reinstatement of a license of a child under 16 years of age convicted of driving under the influence of alcohol or drugs, to read as follows:
∀40-5-22.2.
(a) No child under the age of ten shall be allowed to operate an all-terrain vehicle on public lands.
(b) Before operating an all-terrain vehicle on public lands, any child under the age of 16 must:
(1) Complete a safety course approved by the Special Vehicle Institute of America; a certificate showing completion of such course shall be in the child́s possession at all times when operating an all-terrain vehicle on public lands;
(2) Be supervised by a licensed driver 18 years of age or older; such supervision shall mean the child must be within sight of the adult and at a distance of no more than 300 feet; and
(3) Wear a helmet.
(c) Any child under the age of 16 is prohibited from operating an all-terrain vehicle on any public road or highway, the shoulder of any public road or highway, or the right of way of any public road or highway.
(d) Any child 16 years of age or older must have a valid driveŕs license to operate an all-terrain vehicle on public lands.
(e) It is prohibited for more than one rider to be on an all-terrain vehicle unless the all-terrain vehicle is designed to carry more than one rider.
(f)(1) A first conviction of violating any of the provisions of this Code section shall be punishable by either impoundment of the all-terrain vehicle, a fine of $150.00, or both. (2) A second conviction of violating any of the provisions of this Code section shall be punishable by impoundment of the all-terrain vehicle until payment of a $500.00 fine.
(3) A third conviction of violating any of the provisions of this Code section shall be punishable by forfeiture of the all-terrain vehicle.∀

SECTION 5.
This Act shall become effective on January 1, 2007, and shall apply to offenses committed on or after that date.

SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.