05 LC 28
2221
House
Bill 518
By:
Representatives Jenkins of the
8th,
Ralston of the
7th,
and Forster of the
3rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to provide for registration, titling, and operation
of certain all-terrain vehicles; to change certain provisions relating to
registration and license requirements and penalties; to change certain
provisions relating to operating restrictions for off-road vehicles and
all-terrain vehicles; to change certain provisions relating to enforcement and
penalties; to change certain provisions relating to registration of motor
vehicles not manufactured to comply with federal emission and safety standards
applicable to new motor vehicles; to change certain provisions relating to
requirement of compliance with federal safety standards; to amend Code Section
33-34-2 of the Official Code of Georgia Annotated, relating to definitions
relative to motor vehicle accident reparations, so as to redefine a term; to
provide 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 and
traffic, is amended by striking paragraph (1) of subsection (a) of Code Section
40-2-20, relating to registration and license requirements and penalties, and
inserting in lieu thereof the following:
"(a)(1)(A)
Except as provided in subsection (b) of this Code section, every owner of a
motor
vehicle,
including a tractor or motorcycle, and every owner of a
trailer
designed for
use on the public highways, a tractor, a trailer or any all-terrain vehicle as
defined in Code Section 40-1-1 to be used on public highways in state or federal
parklands to any extent permitted by Chapter 7 of this
title 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.
This paragraph
shall not apply to all-terrain vehicles that are used exclusively on private
lands or for farm use and are not used on any public highway.
(B)(i)
The purchaser or other transferee owner of every
such
new or used motor vehicle,
including
tractors and motorcycles, or
tractor,
trailer, or
all-terrain vehicle 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."
SECTION
2.
Said
title is further amended by striking subsection (a) of Code Section 40-2-27,
relating to registration of motor vehicles not manufactured to comply with
federal emission and safety standards applicable to new motor vehicles, and
inserting in lieu thereof the following:
"(a)
No application shall be accepted and no certificate of registration shall be
issued to any motor vehicle
designed for
use on the public highways which was not
manufactured to comply with applicable federal emission standards issued
pursuant to 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean
Air Act, as amended, and applicable federal motor vehicle safety standards
issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the
United States Customs Service or the United States Department of Transportation
has certified that the motor vehicle complies with such applicable federal
standards and unless all documents required by the commissioner for processing
an application for a certificate of registration or title are printed and filled
out in the English language or are accompanied by an English
translation."
SECTION
3
Said
title is further amended by striking subsection (a) of Code Section 40-3-30,
relating to requirement of compliance with federal safety standards, and
inserting in lieu thereof the following:
"(a)
In addition to the reasons set forth in Code Section 40-3-29, no application
shall be accepted and no certificate of title shall be issued to any motor
vehicle
designed for
use on the public highways which was not
manufactured to comply with applicable federal motor vehicle safety standards
issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the
United States Customs Service or the United States Department of Transportation
has certified that the motor vehicle complies with such applicable federal
standards and unless all documents required by the commissioner for processing
an application for a certificate of registration or title are printed and filled
out in the English language or are accompanied by an English
translation."
SECTION
4
Said
title is further amended by striking Code Section 40-7-4, relating to operating
restrictions for off-road vehicles, and inserting in lieu thereof the
following:
"40-7-4.
Any
person operating an off-road vehicle under any of the following conditions shall
be deemed to be in violation of this chapter and subject to the penalties
provided in Code Section 40-7-6:
(1)
Without operative brakes or without mufflers or other silencing
equipment;
(2)
On any private property without the express written permission of the owner of
the property or his
or
her
agent.;
(3)
On any public highway with a posted speed limit of 55 miles per hour or higher;
or
(4)
On any public highway in state or federal parklands unless such vehicle is an
all-terrain vehicle as defined in Code Section 40-1-1, is registered as provided
by Code Section 40-2-20, and meets the applicable equipment requirements of
Chapter 8 of this
title."
SECTION
5.
Said
title is further amended by striking Code Section 40-7-6, relating to
enforcement and penalties, and inserting in lieu thereof the
following:
"40-7-6.
All
peace officers shall enforce the provisions of this chapter. Any person who
violates any provision of this chapter shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine not to exceed
$25.00
$100.00 for
the first offense and not to exceed $250.00 for a second or subsequent
offense."
SECTION
6.
Code
Section 33-34-2 of the Official Code of Georgia Annotated, relating to
definitions relative to motor vehicle accident reparations, is amended by
striking paragraph (2) and inserting in lieu thereof the following:
"(2)
'Motor vehicle' means a vehicle having more than three load-bearing wheels of a
kind required to be registered under the laws of this state relating to motor
vehicles designed primarily for operation upon the public streets, roads, and
highways and driven by power other than muscular power
or any
all-terrain vehicle used on unpaved highways to any extent permitted by Chapter
7 of Title 40. The term includes a trailer
drawn by or attached to such a
vehicle."
SECTION
7.
This
Act shall become effective on January 1, 2006.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.