---
title: O.C.G.A. § 40-8-130. Unlawful to operate vehicle without serviceable emission control device; penalty; exceptions.
collection: code
id: 40-8-130
cite_as: O.C.G.A. § 40-8-130 (2025)
canonical_url: https://georgiacommons.org/code/40-8-130
md_url: https://georgiacommons.org/code/40-8-130.md
text_url: https://georgiacommons.org/code/40-8-130/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch6-16-(v29)-2018-pdf.pdf?sfvrsn=97c394d6_0#page=535
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/40-8.md
previous: https://georgiacommons.org/code/40-8-116.md
next: https://georgiacommons.org/code/40-8-131.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / EQUIPMENT AND INSPECTION OF MOTOR VEHICLES / CONTROL OF VEHICLE EMISSIONS / EMISSION CONTROL DEVICES GENERALLY
extraction_warnings:
  - dehyphenation_unverified:unservice-able
---

# O.C.G.A. § 40-8-130. Unlawful to operate vehicle without serviceable emission control device; penalty; exceptions.

(a) It shall be unlawful for the owner of any motor vehicle to operate or permit the operation of such vehicle on which any device controlling or abating atmospheric emissions which is placed on a motor vehicle by the manufacturer pursuant to regulations promulgated by the United States secretary of health and human services in accordance with the provisions of Title II, the National Emissions Standards Act, of the Air Quality Act of 1967, Public Law 90-148 has been rendered unserviceable by removal, alteration, or other interference with its operation.

(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

(c) Subsection (a) of this Code section shall not apply to any person repairing any such device described in that subsection or to the removal of any such device by any person for the purpose of repairing or replacing such device.

(d) Subsection (a) of this Code section shall not apply to any person removing any such device for the purpose of converting any motor vehicle to operate on natural or liquefied petroleum gas or make any other modifications which would reduce atmospheric emissions.

## History

Ga. L. 1971, p. 188, § 1; Ga. L. 1982, p. 3, § 40; Ga. L. 1997, p. 143, § 40.

## U.s. Code.

The federal Air Quality Act of 1967, which amended the federal Clean Air Act (now codified at 42 U.S.C. § 7401 et seq.), was amended by the federal Clean Air Act Amendments of 1977 (P.L. 95-95; 91 Stat. 685). Title II of the Air Quality Act of 1967, the federal National Emissions Standards Act, is codified at 42 U.S.C. § 7521 et seq.