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Official Code of Georgia Annotated

Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 6. UNIFORM RULES OF THE ROAD · Article 10. STOPPING, STANDING, AND PARKING · Part 1. GENERAL PROVISIONS

40-6-207. Liability of owner for traffic or parking violations occurring while vehicle leased to another; duty of owner to attend hearing on the offense; improper vehicle maintenance.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    The owner of any motor vehicle leased to another shall not be liable for a state, county, or municipal traffic or parking violation occurring while such leased vehicle was not in the owner’s possession or control, if upon notice of the violation the owner notifies the clerk of the court in which the case is pending of the name and address of the lessee of the vehicle on the date the violation occurred. If the owner fails to submit the notice, the court in which the case is heard may find the owner of the motor vehicle liable for the violation.#

  2. (b)

    After providing the name and address of the lessee, the owner shall not be required to attend a hearing on the offense, unless notified that the offense occurred through a mechanical failure of the vehicle which resulted from the owner’s failure to maintain the vehicle.#

  3. (c)

    The owner of any leased vehicle shall be liable for any violation which was caused by the owner’s failure to maintain the vehicle properly. The lessee claiming the violation resulted from the owner’s failure to maintain the vehicle properly shall notify the clerk of the court in which the case is pending along with the owner of the vehicle of the claim within seven days after receiving notice of the violation or at least ten days prior to the date the case will be heard by the court, whichever is later.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 68A-1005.1, enacted by Ga. L. 1981, p. 1004, § 1; Ga. L. 1990, p. 2048, § 5.

Cross references

Bailments, § 44-12-40 et seq.

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-ch6-16-(v29)-2018-pdf.pdf, Volume V29, 2018 edition, page 182; merge action: carried; file SHA-256 82c1b132c971.