Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 2. REGISTRATION AND LICENSING OF MOTOR VEHICLES · Article 1. GENERAL PROVISIONS
40-2-8. Operation of unregistered vehicle or vehicle without current license plate, revalidation decal, or county decal.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
No person shall own, rent, lease, or operate any vehicle required to be registered pursuant to Code Section 40-2-20 upon a highway in this state without registering such vehicle. Any person who becomes a resident of this state shall register his or her vehicle within 30 days of becoming a resident. Any person who fails to comply with this subsection shall be guilty of a misdemeanor and punished by a fine of $100.00 for each day in which the vehicle is in violation.#
- (b)
- (1)
It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in this state pursuant to Code Section 40-2-20 without a valid numbered license plate properly validated with a current revalidation decal, unless such operation is otherwise permitted under this chapter; and provided, further, that the purchaser of a new vehicle or a used vehicle from a dealer of new or used motor vehicles who displays a temporary operating permit issued as provided by Code Section 40-2-8.1 may operate such vehicle on the highways of this state without a current valid license plate during the period authorized by Code Sections 40-2-8.1 and 40-2-20. An owner acquiring a motor vehicle from an entity that is not a new or used vehicle dealer shall register such vehicle as provided for in Code Section 40-2-29 unless such vehicle is to be registered under the International Registration Plan pursuant to Article 3A of this chapter.#
- (2)
The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration of such vehicle.#
- (c)
It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in this state without a valid county decal designating the county where the vehicle was last registered, unless such operation is otherwise permitted under this chapter. A county name decal shall not be required if there is no space provided for a county name decal on the current license plate. Any person convicted of a violation of this subsection shall be subject to a fine not to exceed $25.00 if that person shows to the court having jurisdiction of the offense that the proper revalidation decal had been obtained prior to the time of the offense.#
- (d)
No violation of this Code section shall have occurred upon presentation of evidence that the owner had properly applied for the registration of such vehicle, but that the license plate or revalidation decal had not been delivered to such owner at the time the uniform traffic citation was issued.#
- (e)
The commissioner is authorized to promulgate rules and regulations necessary to effectuate the provisions of this Code section.#
History
Ga. L. 1927, p. 226, § 8; Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 213, § 2; Code 1933, §§ 68-214, 68-9901; Ga. L. 1943, p. 341, § 4; Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 1, § 1; Ga. L. 1969, p. 266, § 3; Ga. L. 1977, p. 1039, § 1; Ga. L. 1980, p. 746, § 1; Ga. L. 1981, p. 714, § 4; Ga. L. 1982, p. 1584, §§ 2, 5; Ga. L. 1986, p. 1053, § 1; Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 2785, § 1.3; Ga. L. 1993, p. 1260, § 1; Ga. L. 1995, p. 809, § 1; Ga. L. 1996, p. 1118, § 1; Ga. L. 1997, p. 419, § 3; Ga. L. 1998, p. 1179, § 3; Ga. L. 2000, p. 523, § 1; Ga. L. 2001, p. 1173, § 1-1; Ga. L. 2002, p. 415, § 40; Ga. L. 2004, p. 631, § 40; Ga. L. 2005, p. 321, § 1/HB 455; Ga. L. 2005, p. 334, § 14-2/HB 501; Ga. L. 2010, p. 143, § 2/HB 1005; Ga. L. 2011, p. 479, § 10.1/HB 112; Ga. L. 2012, p. 804, § 1/HB 985; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2018, p. 287, § 2/HB 329; Ga. L. 2020, p. 669, § 1/HB 819;Ga. L. 2023, p. 554, § 2/HB 183, effective July 1, 2023;Ga. L. 2025, p. 672, § 1/HB 551, effective January 1, 2026.
Delayed effective date
Code Section 40-2-8 is set out twice in this Code. This version is effective January 1, 2026. For version effective until January 1, 2026, see the preceding version.
Amendments
The 2025 amendment, effective January 1, 2026, rewrote subsections (a) through (c) and added subsections (d) and (e).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t40-ch1-5-(v28a)-pdf.pdf, Volume V28A, 2024 edition, 2025 supplement, pages 36 to 37; merge action: replaced; file SHA-256 88c2e7ce2110.
- (a)
Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.#
- (b)
- (1)
It shall be a misdemeanor to operate any vehicle required to be registered in this state without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided, further, that the purchaser of a new vehicle or a used vehicle from a dealer of new or used motor vehicles who displays a temporary operating permit issued as provided by paragraph (2) of this subsection may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20. An owner acquiring a motor vehicle from an entity that is not a new or used vehicle dealer shall register such vehicle as provided for in Code Section 40-2-29 unless such vehicle is to be registered under the International Registration Plan pursuant to Article 3A of this chapter.#
- (2)
- (A)
Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless such vehicle is to be registered under the International Registration Plan, a temporary operating permit as provided for by department rules or regulations which may bear the dealer’s name and location and shall bear an expiration date 45 days from the date of purchase. The expiration date of such a temporary operating permit may be revised and extended by the county tag agent upon application by the dealer, the purchaser, or the transferee if an extension of the purchaser’s initial registration period has been granted as provided by Code Section 40-2-20. Such temporary operating permit shall not resemble a license plate issued by this state and shall be issued without charge or fee. The requirements of this paragraph shall not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers.#
- (B)
All temporary operating permits issued by dealers to purchasers of vehicles shall be of a standard design prescribed by regulation promulgated by the department. The department may provide by rule or regulation for the sale and distribution of such temporary operating permits by third parties in accordance with paragraph (3) of this subsection.#
- (3)
All sellers and distributors of temporary operating permits shall maintain an inventory record of temporary operating permits by number and name of the dealer.#
- (4)
The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration of such vehicle. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the penalties enumerated in this subsection.#
- (c)
It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered, unless such operation is otherwise permitted under this chapter. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate.#
Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.
History
Ga. L. 1927, p. 226, § 8; Ga. L. 1931, p. 7, § 84; Ga. L. 1931, p. 213, § 2; Code 1933, §§ 68-214, 68-9901; Ga. L. 1943, p. 341, § 4; Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 1, § 1; Ga. L. 1969, p. 266, § 3; Ga. L. 1977, p. 1039, § 1; Ga. L. 1980, p. 746, § 1; Ga. L. 1981, p. 714, § 4; Ga. L. 1982, p. 1584, §§ 2, 5; Ga. L. 1986, p. 1053, § 1; Ga. L. 1990, p. 2048, § 2; Ga. L. 1992, p. 2785, § 1.3; Ga. L. 1993, p. 1260, § 1; Ga. L. 1995, p. 809, § 1; Ga. L. 1996, p. 1118, § 1; Ga. L. 1997, p. 419, § 3; Ga. L. 1998, p. 1179, § 3; Ga. L. 2000, p. 523, § 1; Ga. L. 2001, p. 1173, § 1-1; Ga. L. 2002, p. 415, § 40; Ga. L. 2004, p. 631, § 40; Ga. L. 2005, p. 321, § 1/HB 455; Ga. L. 2005, p. 334, § 14-2/HB 501; Ga. L. 2010, p. 143, § 2/HB 1005; Ga. L. 2011, p. 479, § 10.1/HB 112; Ga. L. 2012, p. 804, § 1/HB 985; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2018, p. 287, § 2/HB 329; Ga. L. 2020, p. 669, § 1/HB 819;Ga. L. 2023, p. 554, § 2/HB 183, effective July 1, 2023.
Delayed effective date
Code Section 40-2-8 is set out twice in this Code. This version is effective until January 1, 2026. For version effective January 1, 2026, see the following version.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t40-ch1-5-(v28a)-pdf.pdf, Volume V28A, 2024 edition, 2025 supplement, pages 34 to 36; merge action: replaced; file SHA-256 88c2e7ce2110.
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