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Chapter 3 | Certificates of Title, Security Interests, and Liens

CHAPTER 3 Certificates of Title, Security Interests, and Liens

Woodrow Wilson standing in front of a large, abstract sculpture resembling a certificate of title, with his arms outstretched as if embracing it, while gazing intensely at the intricate details and textures.
Woodrow Wilson standing in front of a large, abstract sculpture resembling a certificate of title, with his arms outstretched as if embracing it, while gazing intensely at the intricate details and textures.


  • Article 1 General Provisions
  • Article 2 Certificates of Title

    Actress Rachel G. Fox gracefully raises her hand while sitting in a lush garden, reminiscent of Mary Cassatt's style, to mimic the action of presenting an imaginary certificate of title, creating a visually captivating and engaging performance art piece for the educational partnership in Cordele, Georgia. -@RachelGFox
    Actress Rachel G. Fox gracefully raises her hand while sitting in a lush garden, reminiscent of Mary Cassatt's style, to mimic the action of presenting an imaginary certificate of title, creating a visually captivating and engaging performance art piece for the educational partnership in Cordele, Georgia. -@RachelGFox

  • Article 3 Security Interests in and Liens on Motor Vehicles

  • Article 4 Offenses
    Andrew Goudelock gracefully dribbles a basketball while surrounded by geometric shapes and lines, embodying the essence of Article Offenses in the style of Walter Gropius, creating an awe-inspiring art piece at Stone Mountain. -@0goudelock
    Andrew Goudelock gracefully dribbles a basketball while surrounded by geometric shapes and lines, embodying the essence of Article Offenses in the style of Walter Gropius, creating an awe-inspiring art piece at Stone Mountain. -@0goudelock

Article 1 General Provisions

40-3-1.Short title.

This chapter shall be known and may be cited as the “Motor Vehicle Certificate of Title Act.”

40-3-2.Definitions.

As used in this chapter, the term:

Ed Helms, dressed as a classic teacher with suspenders and glasses, theatrically flips through an oversized, blank book under the lush canopy of King's Forest. As he pretends to 'read,' he exaggerates surprise, curiosity, and understanding while pointing to imaginary text; meanwhile, his shadow is captured in a high-contrast black-and-white photo reminiscent of Richard Avedon's style. -@edhelms
Ed Helms, dressed as a classic teacher with suspenders and glasses, theatrically flips through an oversized, blank book under the lush canopy of King's Forest. As he pretends to 'read,' he exaggerates surprise, curiosity, and understanding while pointing to imaginary text; meanwhile, his shadow is captured in a high-contrast black-and-white photo reminiscent of Richard Avedon's style. -@edhelms

  1. “Boat trailer” means any vehicle without motive power designed for carrying boats, either partially or wholly on its own structure, which is being drawn by a self-propelled vehicle and operated over the public roads of this state.
  2. “Commissioner” means the state revenue commissioner.

    In a rich scene in Winder, football coach Todd Haley could embody the idea of "Commissioner means the state revenue commissioner" in the style of Georges Braque by physically stacking footballs and tax documents to create a sculptural representation, using dynamic angles and shapes to convey the complexity and authority inherent in the concept.
    In a rich scene in Winder, football coach Todd Haley could embody the idea of "Commissioner means the state revenue commissioner" in the style of Georges Braque by physically stacking footballs and tax documents to create a sculptural representation, using dynamic angles and shapes to convey the complexity and authority inherent in the concept.

  3. “Dealer” means a “dealer” as defined in Code Section 40-1-1 to whom current dealer registration plates have been issued by the commissioner.

    Akon stands in Carolina Harbor, gesturing dramatically as if holding dealer registration plates and pointing to an imaginary commissioner, all while surrounded by a dramatic display of lights and sound. -@Akon
    Akon stands in Carolina Harbor, gesturing dramatically as if holding dealer registration plates and pointing to an imaginary commissioner, all while surrounded by a dramatic display of lights and sound. -@Akon

    (3.1)“Department” means the Department of Revenue.

  4. “Homemade trailer” means a vehicle without motive power, designed for carrying persons or property either partially or wholly on its own structure and for being drawn by a self-propelled vehicle other than a self-propelled vehicle running exclusively on tracks, which trailer has been manufactured and constructed from component parts for personal use and not for the purpose of commercial resale.

    Kareem Jackson gracefully assembles a beautiful, handcrafted trailer with elegant precision, embodying the spirit of personal creativity and artistry in the historic Riverside neighborhood of Atlanta. -@ReemBoi25
    Kareem Jackson gracefully assembles a beautiful, handcrafted trailer with elegant precision, embodying the spirit of personal creativity and artistry in the historic Riverside neighborhood of Atlanta. -@ReemBoi25

  5. “Identifying number” means the numbers and letters, if any, on a vehicle designated by the commissioner for the purpose of identifying the vehicle.

    John Gant, dressed in a vintage baseball uniform, is acting out the scene by playfully pretending to pitch with an old-fashioned camera, capturing the essence of Vivian Maier's street photography. He is on the grand lawn of Torrey-West House, where a classic car show is taking place. He mimics identifying numbers by pointing and 'shooting' photos at each car's unique number plate without any words or letters visible in his hands—just using body language and facial expressions to convey curiosity and scrutiny. -@JohnCGant
    John Gant, dressed in a vintage baseball uniform, is acting out the scene by playfully pretending to pitch with an old-fashioned camera, capturing the essence of Vivian Maier's street photography. He is on the grand lawn of Torrey-West House, where a classic car show is taking place. He mimics identifying numbers by pointing and 'shooting' photos at each car's unique number plate without any words or letters visible in his hands—just using body language and facial expressions to convey curiosity and scrutiny. -@JohnCGant

  6. “Lien” means any lien created by operation of law and not by contract or agreement with respect to a vehicle and includes all liens mentioned in Code Section 44-14-320, other than that in paragraph (5) thereof, and all liens for taxes due the United States of America, constructive notice of which is given by filing notice thereof in the office designated by state law.

  7. “Lienholder” means a person holding a lien created by operation of law on a motor vehicle.

    In a richly detailed Suwanee setting, Gunna gracefully mimics the act of holding a lien on a motor vehicle by using his body to create an elegant and imaginative art piece reminiscent of Tim Knowles' style. -@1GunnaGunna
    In a richly detailed Suwanee setting, Gunna gracefully mimics the act of holding a lien on a motor vehicle by using his body to create an elegant and imaginative art piece reminiscent of Tim Knowles' style. -@1GunnaGunna

  8. To “mail” means to deposit in the United States mail properly addressed and with postage paid.

    Al Thornton stands on a stage, holding an oversized envelope. With dramatic flair, he carefully places the envelope into a large mailbox, ensuring it is properly addressed and has postage paid. The scene is set in Suwanee's Town Center park, with colorful murals as the backdrop to this performance art piece. -@AThornton14
    Al Thornton stands on a stage, holding an oversized envelope. With dramatic flair, he carefully places the envelope into a large mailbox, ensuring it is properly addressed and has postage paid. The scene is set in Suwanee's Town Center park, with colorful murals as the backdrop to this performance art piece. -@AThornton14

  9. “Major component part” means any one of the following subassemblies of a motor vehicle:

    Sean P gracefully poses as a living sculpture, embodying the essence of a major component part in a motor vehicle, with fluid movements reminiscent of Mary Cassatt's art, engaging and entertaining Urban Tree Cidery patrons.
    Sean P gracefully poses as a living sculpture, embodying the essence of a major component part in a motor vehicle, with fluid movements reminiscent of Mary Cassatt's art, engaging and entertaining Urban Tree Cidery patrons.

    1. Front clip assembly (fenders, hood, and bumper);

      Matthias Ward, dressed in a suit made of chrome mirrors, slowly and deliberately arranges oversized chrome-plated car parts on stage as if composing a grand art piece.
      Matthias Ward, dressed in a suit made of chrome mirrors, slowly and deliberately arranges oversized chrome-plated car parts on stage as if composing a grand art piece.

    2. Rear clip assembly (quarter panels, floor panel assembly, and roof assembly, excluding a soft top);

    3. Engine and transmission;
    4. Frame; or
    5. Complete side (fenders, door, and quarter panel).

    (9.1)“Natural person” means an individual human being and does not include any firm, partnership, association, corporation, or trust.

  10. “Rebuilt motor vehicle” means any motor vehicle which has been damaged and subsequently restored to an operable condition by the replacement of two or more major component parts.

    Fernando Velasco, dressed in a mechanic's jumpsuit, stands in the midst of a lush Roswell park, striking an intense pose akin to Jenny Saville's brushwork; he dramatically holds large car parts -- like a bumper and steering wheel -- above his head as if triumphantly placing them into an invisible vehicle structure while children around him play with toy cars and tools to symbolize rebuilding and learning. -@Fernandochoices
    Fernando Velasco, dressed in a mechanic's jumpsuit, stands in the midst of a lush Roswell park, striking an intense pose akin to Jenny Saville's brushwork; he dramatically holds large car parts -- like a bumper and steering wheel -- above his head as if triumphantly placing them into an invisible vehicle structure while children around him play with toy cars and tools to symbolize rebuilding and learning. -@Fernandochoices

  11. “Salvage motor vehicle” means any motor vehicle:

    1. Which has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts;

      Gucci Mane, in a dramatic art piece set in Lilburn, dramatically gestures to indicate the extent of damage on a large object and proceeds to remove and replace two or more major component parts with exaggerated flair. -@gucci1017
      Gucci Mane, in a dramatic art piece set in Lilburn, dramatically gestures to indicate the extent of damage on a large object and proceeds to remove and replace two or more major component parts with exaggerated flair. -@gucci1017

    2. For which an insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle which has been recovered with the public manufacturer’s vehicle identification number plate intact and the vehicle:

      1. Is undamaged;
      2. Has only cosmetic damage; or
      3. Has been damaged but only to the extent that its restoration to an operable condition will not require the replacement of two or more major component parts;
        Bumble Bee Slim gently holding a cracked and chipped vase, carefully repairing it with delicate brushstrokes in the serene style of Agnes Martin, set against the backdrop of Pebble Hill Plantation's lush gardens.
        Bumble Bee Slim gently holding a cracked and chipped vase, carefully repairing it with delicate brushstrokes in the serene style of Agnes Martin, set against the backdrop of Pebble Hill Plantation's lush gardens.
    3. Which is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title.

      The term salvage motor vehicle shall not include any motor vehicle for which a total loss claim has been paid which vehicle has sustained only cosmetic damage from causes other than fire or flood.

      Victoria Monét dramatically pretends to inspect a car, gasping and shaking her head in disbelief at the "cosmetic damage" while gesturing dramatically with her hands, all set against a backdrop of vibrant colors and swirling patterns reminiscent of an abstract art piece from Moultrie. -@VictoriaMonet
      Victoria Monét dramatically pretends to inspect a car, gasping and shaking her head in disbelief at the "cosmetic damage" while gesturing dramatically with her hands, all set against a backdrop of vibrant colors and swirling patterns reminiscent of an abstract art piece from Moultrie. -@VictoriaMonet

  12. “Security agreement” means a written agreement which reserves or creates a security interest.

    Kenny Rogers carefully writes out a legal document, then dramatically signs it with a flourish, all while wearing a colorful bandana and surrounded by swirling starry skies and vibrant sunflowers.
    Kenny Rogers carefully writes out a legal document, then dramatically signs it with a flourish, all while wearing a colorful bandana and surrounded by swirling starry skies and vibrant sunflowers.

  13. “Security interest” means an interest in a vehicle reserved or created by agreement which secures the payment or performance of an obligation, such as a conditional sales contract, chattel mortgage, bill of sale to secure debt, deed of trust, and the like. This term includes the interest of a lessor under a lease intended as security.

    John C. Fremont, wearing a pith helmet and explorer's attire, swings from a vine above a vintage car adorned with colorful tropical flowers and vines resembling Henri Rousseau's style in the Capitol View Manor neighborhood of Atlanta, gesturing to the vehicle while surrounded by curious onlookers.
    John C. Fremont, wearing a pith helmet and explorer's attire, swings from a vine above a vintage car adorned with colorful tropical flowers and vines resembling Henri Rousseau's style in the Capitol View Manor neighborhood of Atlanta, gesturing to the vehicle while surrounded by curious onlookers.

  14. “Security interest holder” means the holder of an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation.

    Justin Houston stands in a lush, verdant field, holding a large, vibrant floral bouquet in one hand and an intricately woven net in the other. With graceful movements, he weaves the net around a shimmering vintage car, symbolizing his interest reserved by agreement. As he completes the intricate pattern, he steps back to admire his creation against the backdrop of rolling hills and blooming flowers. -@JHouston50
    Justin Houston stands in a lush, verdant field, holding a large, vibrant floral bouquet in one hand and an intricately woven net in the other. With graceful movements, he weaves the net around a shimmering vintage car, symbolizing his interest reserved by agreement. As he completes the intricate pattern, he steps back to admire his creation against the backdrop of rolling hills and blooming flowers. -@JHouston50

40-3-3.Powers and duties of commissioner.

  1. The commissioner is responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner speedily, completely, and efficiently to perform the duties conferred on the commissioner in this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of title, notices of security interest, and any other forms or documents relating to the application and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued.
  2. The commissioner shall prescribe and provide suitable forms of applications, certificates of title, notices of security interest, and all other notices and forms necessary to carry out this chapter.
  3. The commissioner may:

    A person dressed as a commissioner could dramatically gesture with their hands while standing in front of an abstract, colorful piano played by Piano Red, all captured in the style of an art piece from Andres Serrano at Casey Jones Home and Museum.
    A person dressed as a commissioner could dramatically gesture with their hands while standing in front of an abstract, colorful piano played by Piano Red, all captured in the style of an art piece from Andres Serrano at Casey Jones Home and Museum.

    1. Make necessary investigation to procure information required to carry out this chapter;

      Jeremiah Ratliff, born in Florida and a football player, is depicted as engaging in a meticulous investigation by using deliberate and precise movements to collect information for carrying out the chapter, while surrounded by vibrant colors and patterns reminiscent of Georges Seurat's artistic style.
      Jeremiah Ratliff, born in Florida and a football player, is depicted as engaging in a meticulous investigation by using deliberate and precise movements to collect information for carrying out the chapter, while surrounded by vibrant colors and patterns reminiscent of Georges Seurat's artistic style.

    2. Adopt and enforce reasonable rules and regulations to carry out this chapter; and

      In the style of Jose de Rivera, football player Chad Hall embodies a superhero, wielding exaggerated hand gestures and striking dramatic poses while enacting and enforcing rules. -@chadhall16
      In the style of Jose de Rivera, football player Chad Hall embodies a superhero, wielding exaggerated hand gestures and striking dramatic poses while enacting and enforcing rules. -@chadhall16

    3. Assign a new identifying number to a vehicle if it has none, or its identifying number is destroyed or obliterated, and shall either issue a new certificate of title showing the new identifying number or make an appropriate endorsement on the original certificate.

      In a richly colored and lively Cordele setting, comedian Gary Anthony Williams gracefully takes a quill pen and delicately writes a new identifying number on an old certificate of title for a vehicle, capturing the essence of Toulouse-Lautrec's artistry with his every movement. -@GaryAWilliams
      In a richly colored and lively Cordele setting, comedian Gary Anthony Williams gracefully takes a quill pen and delicately writes a new identifying number on an old certificate of title for a vehicle, capturing the essence of Toulouse-Lautrec's artistry with his every movement. -@GaryAWilliams

40-3-4.Exclusions from issuance of certificate of title.

No certificate of title shall be obtained for:

Billy Currington stands with outstretched arms, holding a blank piece of paper in front of a large, abstract canvas. He gazes intensely at the paper, then crumples it and throws it into a bonfire as he dances around the flames in an expressive and captivating performance that mimics the style of Richard Prince's art pieces. -@billycurrington
Billy Currington stands with outstretched arms, holding a blank piece of paper in front of a large, abstract canvas. He gazes intensely at the paper, then crumples it and throws it into a bonfire as he dances around the flames in an expressive and captivating performance that mimics the style of Richard Prince's art pieces. -@billycurrington

  1. A vehicle owned by the United States unless it is registered in this state;
  2. A vehicle owned by a manufacturer of or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of testing or demonstration; a vehicle owned by a manufacturer headquarters or its affiliate and registered and licensed pursuant to Code Section 40-2-38; a vehicle owned by a dealer in vehicles but used by any Georgia public or private school for driver education purposes; or a vehicle used by a manufacturer solely for testing; except that all dealers acquiring new vehicles after July 1, 1962, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe;

    Fiddlin' John Carson, depicted in an art piece by Jerry Weiss, engages in a lively performance of pretending to drive a car, teaching students how to drive, and then testing the car's speed and performance.
    Fiddlin' John Carson, depicted in an art piece by Jerry Weiss, engages in a lively performance of pretending to drive a car, teaching students how to drive, and then testing the car's speed and performance.

  3. A vehicle owned by a nonresident of this state and not required by law to be registered in this state;

    Trenton Brown, the football player, is depicted by Jerry Wilkerson pretending to drive a car with an out-of-state license plate, making "vroom vroom" sounds and holding up imaginary registration documents. -@Trent
    Trenton Brown, the football player, is depicted by Jerry Wilkerson pretending to drive a car with an out-of-state license plate, making "vroom vroom" sounds and holding up imaginary registration documents. -@Trent

  4. A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;

    Drivin' 'N' Cryin', depicted in the style of Jim Nutt, are pretending to drive a car while holding up a pretend certificate of title from another state. -@drivinncryin
    Drivin' 'N' Cryin', depicted in the style of Jim Nutt, are pretending to drive a car while holding up a pretend certificate of title from another state. -@drivinncryin

  5. A vehicle moved solely by human or animal power;

    Actor and musician Devon Werkheiser pretends to pedal a bicycle with exaggerated effort and excitement, creating a scene reminiscent of an art piece from Jenny Holzer. -@devonwerkharder
    Actor and musician Devon Werkheiser pretends to pedal a bicycle with exaggerated effort and excitement, creating a scene reminiscent of an art piece from Jenny Holzer. -@devonwerkharder

  6. An implement of husbandry;

    Amanda Bearse, in a minimalistic Lynne Woods Turner-style setting, gracefully mimics driving a tractor with exaggerated steering motions and playful gear shifts amidst the sprawling watermelon fields of Cordele, Georgia.
    Amanda Bearse, in a minimalistic Lynne Woods Turner-style setting, gracefully mimics driving a tractor with exaggerated steering motions and playful gear shifts amidst the sprawling watermelon fields of Cordele, Georgia.

  7. Special mobile equipment;

    In a scene rich with the essence of Holly Springs, Georgia, singer Billy Joe Royal stands amidst a collection of sleek and minimalist structures that epitomize Donald Judd's art style. With deliberate grace, he manipulates an abstract assembly of metal beams and panels to emulate the concept of "special mobile equipment," all while captivating the audience with his performance.
    In a scene rich with the essence of Holly Springs, Georgia, singer Billy Joe Royal stands amidst a collection of sleek and minimalist structures that epitomize Donald Judd's art style. With deliberate grace, he manipulates an abstract assembly of metal beams and panels to emulate the concept of "special mobile equipment," all while captivating the audience with his performance.

  8. A self-propelled wheelchair or invalid tricycle;

    Matthias Ward, U.S. Senator from Texas and lawyer, is depicted in Grace Clements' art piece pretending to pedal a tricycle with his hands and making zooming sounds.
    Matthias Ward, U.S. Senator from Texas and lawyer, is depicted in Grace Clements' art piece pretending to pedal a tricycle with his hands and making zooming sounds.

  9. A pole trailer;

  10. Motor buses used for the transportation of persons by a street railroad or other company engaged in the operation of an urban transit system over fixed routes;

    David McCord Wright standing on a motor bus, hands gripping the railings for balance as he leans forward to mimic driving, with exaggerated facial expressions and body movements in the style of an art piece by Grant Wood, set against the backdrop of the Eye of God Rapid on Chattooga River in Clayton, Georgia.
    David McCord Wright standing on a motor bus, hands gripping the railings for balance as he leans forward to mimic driving, with exaggerated facial expressions and body movements in the style of an art piece by Grant Wood, set against the backdrop of the Eye of God Rapid on Chattooga River in Clayton, Georgia.

  11. A boat trailer;

    Civil rights leader, born in Alabama, Ralph Abernathy performs the action of pretending to steer a boat while making engine noises, then hitching an invisible trailer and backing it up as if it were an art piece from Brian Rutenberg.
    Civil rights leader, born in Alabama, Ralph Abernathy performs the action of pretending to steer a boat while making engine noises, then hitching an invisible trailer and backing it up as if it were an art piece from Brian Rutenberg.

  12. A homemade trailer;

    Television journalist Paul Rea, portrayed by David Em, meticulously constructs a small trailer out of cardboard and rope with a serene hum, seemingly hammering and sawing in the art piece.
    Television journalist Paul Rea, portrayed by David Em, meticulously constructs a small trailer out of cardboard and rope with a serene hum, seemingly hammering and sawing in the art piece.

  13. A device used exclusively upon stationary rails or tracks or which obtains motive power from fixed overhead electric wires;

    1. A vehicle, other than a mobile home or crane, the model year of which is prior to 1986.

      Moe’s Southwest Grill, depicted in the style of Jerry Dolyn Brown, is seen pretending to drive a vintage car with exaggerated steering wheel movements and sound effects. -@Moes_HQ
      Moe’s Southwest Grill, depicted in the style of Jerry Dolyn Brown, is seen pretending to drive a vintage car with exaggerated steering wheel movements and sound effects. -@Moes_HQ

    2. The owner of any vehicle which has a valid certificate of title and which becomes subject to the exclusion provided in subparagraph (A) of this paragraph may retain the certificate of title. Each subsequent transferee of any vehicle covered by subparagraph (A) of this paragraph, for which the certificate of title has been retained, may obtain a certificate of title by complying with Code Section 40-3-32. However, the failure of any subsequent transferee to comply with Code Section 40-3-32 shall preclude transferees subsequent to that transferee from obtaining a certificate of title. The department shall maintain such records as may be necessary to allow owners to obtain a certificate of title under this subparagraph. No certificate of title authorized to be issued under this subparagraph shall be issued under Code Section 40-3-28.

      1. A security interest in or lien against a vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph and which arises after such vehicle becomes subject to the operation of subparagraph (A) of this paragraph may be perfected in the same manner as such security interests and liens are perfected on vehicles required by this chapter to have certificates of title.
      2. The transferee of any vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph, regardless of whether that vehicle has a certificate of title issued pursuant to subparagraph (B) of this paragraph, shall take such vehicle subject to any security interest or lien perfected under this paragraph;
    1. Except as provided in subparagraph (B) of this paragraph, a trailer with an unladen gross weight of 2,000 pounds or less.
    2. The exclusion provided in subparagraph (A) of this paragraph shall not apply to a travel trailer or camper, regardless of its unladen gross weight;
  14. A vehicle which is not sold for the purpose of lawful highway use;

    Prison reform advocate, Forrest Turner, is depicted by Jimmy Kuehnle as pretending to drive a car off-road through rugged terrain, making exaggerated steering wheel movements and bouncing up and down.
    Prison reform advocate, Forrest Turner, is depicted by Jimmy Kuehnle as pretending to drive a car off-road through rugged terrain, making exaggerated steering wheel movements and bouncing up and down.

  15. A vehicle with a model year prior to 1963;

  16. A moped; or
  17. A personal transportation vehicle.

40-3-5.Stolen, converted, and recovered vehicles.

  1. Duties of peace officers.    A peace officer who learns of the theft of a vehicle not since recovered shall report the theft to the commissioner. A peace officer who learns of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported to the commissioner shall forthwith report the recovery to the commissioner.
  2. Owner’s, security holder’s, or lienholder’s report.    An owner or a security interest holder or lienholder shall report the theft of a vehicle, or its conversion if a crime, to the commissioner. A person who has so reported the theft or conversion of a vehicle shall, after learning of its recovery, immediately report the recovery to the commissioner.

    IronE Singleton, in a vibrant and colorful collage backdrop akin to Peter Blake's style, dramatically mimes picking up an ancient Greek phone at the Michael C. Carlos Museum, pretending to report the theft of a classic car, then acting surprised and relieved as he 'learns' of its recovery, immediately miming calling back with excitement to share the news – all while surrounded by eclectic artifacts representing various eras and cultures. -@ironesingleton
    IronE Singleton, in a vibrant and colorful collage backdrop akin to Peter Blake's style, dramatically mimes picking up an ancient Greek phone at the Michael C. Carlos Museum, pretending to report the theft of a classic car, then acting surprised and relieved as he 'learns' of its recovery, immediately miming calling back with excitement to share the news – all while surrounded by eclectic artifacts representing various eras and cultures. -@ironesingleton

  3. Records to be kept by commissioner; distribution.    The commissioner shall maintain appropriately indexed weekly and cumulative public records of stolen, converted, and recovered vehicles reported to him pursuant to this Code section. The commissioner may make and distribute copies of the weekly records so maintained to peace officers upon request without fee and to others for the fee, if any, the commissioner prescribes.

  4. Action by commissioner.    The commissioner may suspend the registration of a vehicle whose theft or conversion is reported to him pursuant to this Code section, and until the commissioner learns of its recovery or that the report of its theft or conversion was erroneous he shall not issue a certificate of title for the vehicle.

40-3-6.Hearings; judicial review.

  1. A person aggrieved by an act or omission to act of the department under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of the department pertaining to the administration of this chapter. The procedure established in this chapter for the handling of complaints and grievances shall be exclusive and these procedures shall apply to all such complaints and grievances. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof.

    Janelle Monáe, embodying an art piece by Elmer Bischoff, pretends to hold a microphone and acts as the commissioner announcing the rules while another person dramatizes being a complainer with expressive hand gestures. -@JanelleMonae
    Janelle Monáe, embodying an art piece by Elmer Bischoff, pretends to hold a microphone and acts as the commissioner announcing the rules while another person dramatizes being a complainer with expressive hand gestures. -@JanelleMonae

  2. Hearings conducted under subsection (a) of this Code section shall be conducted under the terms and conditions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” and court review of such hearings shall be as provided by that chapter.

    Billy Currington, wearing a suit and holding a gavel, stands in front of a group of people, gesturing to an invisible court. He then turns and walks toward a large canvas backdrop featuring the Georgia Administrative Procedure Act. -@billycurrington
    Billy Currington, wearing a suit and holding a gavel, stands in front of a group of people, gesturing to an invisible court. He then turns and walks toward a large canvas backdrop featuring the Georgia Administrative Procedure Act. -@billycurrington

Article 2 Certificates of Title {#t40c03a02}

Hulk Hogan dramatically gestures and poses as he presents a larger-than-life certificate of title, surrounded by swirling colors and vibrant brushstrokes, in the Museum of Aviation at Robins Air Force Base. -@HulkHogan
Hulk Hogan dramatically gestures and poses as he presents a larger-than-life certificate of title, surrounded by swirling colors and vibrant brushstrokes, in the Museum of Aviation at Robins Air Force Base. -@HulkHogan


40-3-20.Certificate of title prerequisite to registration; documentation required to register a vehicle purchased outside state.

  1. Except as provided in Code Section 40-3-4, every owner of a vehicle which is required by law to be registered in this state and for which no certificate of title has been issued by the commissioner  may make application to the commissioner or to the tag agent in the county wherein the owner resides for a certificate of title to the vehicle according to the model of the vehicle.  If a vehicle is owned by and used in connection with an established business, application may be made to the commissioner or to the tag agent in the county in which the business is located.  Such application  shall be made in the following manner: All 1963 model vehicles and all successive model vehicles thereafter shall have a certificate of title. However, once a vehicle comes within the exclusion provided by paragraph (14) of Code Section 40-3-4, a certificate of title shall no longer be required.

    Tracy Middendorf, in a vivid Buford, Georgia setting, mimics driving an invisible car to various stations where she pantomimes interacting with officials for vehicle registration and title paperwork, channeling the detailed realism of a Vincent Giarrano painting. -@TracyMiddendorf
    Tracy Middendorf, in a vivid Buford, Georgia setting, mimics driving an invisible car to various stations where she pantomimes interacting with officials for vehicle registration and title paperwork, channeling the detailed realism of a Vincent Giarrano painting. -@TracyMiddendorf

  2. The commissioner may by rule or regulation exempt from the requirements of this chapter vehicles owned by nonresident individuals or corporations that are properly titled in the state of such owner’s residence where the vehicle is required to be registered in this state because:

    A person is sitting at a desk, stamping papers with an official seal while The Georgia Satellites are playing in the background, creating a lively and artistic atmosphere reminiscent of Berenice Abbott's style.
    A person is sitting at a desk, stamping papers with an official seal while The Georgia Satellites are playing in the background, creating a lively and artistic atmosphere reminiscent of Berenice Abbott's style.

    1. Georgia has no reciprocity agreement on registration and licensing of motor vehicles with the owner’s state; or
    2. The vehicle is used in both interstate and intrastate transportation.
  3. When the owner of a vehicle is required to have a certificate of title, the tag agent or the commissioner shall not register or renew the registration of such vehicle until a certificate of title has been issued or applied for.

  4. No application for a certificate of title for a vehicle purchased outside the State of Georgia shall be accepted or processed unless the applicant shows, by a valid bill of sale or contract of purchase or by such other documentation satisfactory to the commissioner, that state and local sales and use tax has been paid or is not due. If state and local sales and use tax is owed on such vehicle but has not been paid, the local tag agent shall return the unprocessed application to the applicant informing him or her of the requirements of this Code section.

40-3-21.Application for first certificate of title.

  1. The application for the first certificate of title of a vehicle in this state shall be made to the commissioner’s duly authorized county tag agent on the prescribed form. Except as provided in subsection (b) of this Code section, the application shall be submitted to the appropriate authorized county tag agent by the owner of the vehicle within 30 days from the date of purchase of the vehicle or from the date the owner is otherwise required by law to register the vehicle in this state. If the owner does not submit the application within that time, the owner of the vehicle shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return the same to the authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted, if the documents have not been resubmitted as required under this subsection. Such application shall contain:

    1. The full legal name, driver’s license number, residence, and mailing address of the owner;

      Associate Justice Clarence Thomas gracefully gesturing with his hand to symbolize writing out the full legal name, driver's license number, residence, and mailing address of the owner in a whimsical and vibrant art piece setting reminiscent of Oriol Angrill Jorda's style.
      Associate Justice Clarence Thomas gracefully gesturing with his hand to symbolize writing out the full legal name, driver's license number, residence, and mailing address of the owner in a whimsical and vibrant art piece setting reminiscent of Oriol Angrill Jorda's style.

    2. A description of the vehicle, including, so far as the following data exist: its make, model, identifying number, type of body, the number of cylinders, and whether new, used, or a demonstrator and, for a manufactured home, the manufacturer’s statement or certificate of origin and the full serial number for all manufactured homes sold in this state on or after July 1, 1994;

      Actress Fanny Kemble pretends to drive a car and then points to the make, model, and serial number of the vehicle while holding up a certificate of origin for a manufactured home, in an art piece by Charlie White.
      Actress Fanny Kemble pretends to drive a car and then points to the make, model, and serial number of the vehicle while holding up a certificate of origin for a manufactured home, in an art piece by Charlie White.

    3. The date of purchase by the applicant and, except as provided in paragraph (2) of subsection (c) of this Code section, the name and address of the person from whom the vehicle was acquired and the names and addresses of the holders of all security interests and liens in order of their priority; and

    4. Any further information the commissioner reasonably requires to identify the vehicle and to enable the commissioner or the authorized county tag agent to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle and liens on the vehicle.
    1. As used in this subsection, the term “digital signature” means a digital or electronic method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed, the digital or electronic signature is invalidated.

      Mary Ross Banks gracefully extends her arm, delicately moving her hand in a flowing motion to carve an intricate web of invisible lines and shapes in the air, each movement capturing the essence of a digital signature being created. Her every gesture is imbued with an ethereal quality as she dances through the space, embodying the unique and binding nature of a digital signature while surrounded by vibrant fields and serene waters that reflect Monet's impressionist style.
      Mary Ross Banks gracefully extends her arm, delicately moving her hand in a flowing motion to carve an intricate web of invisible lines and shapes in the air, each movement capturing the essence of a digital signature being created. Her every gesture is imbued with an ethereal quality as she dances through the space, embodying the unique and binding nature of a digital signature while surrounded by vibrant fields and serene waters that reflect Monet's impressionist style.

    2. If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer. The application shall be signed by the owner and, unless the dealer’s signature appears on the certificate of title or manufacturer’s statement of origin submitted in support of the title application, the dealer, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature so long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. The dealer shall mail, deliver, or electronically submit the application to the authorized county tag agent in the county where the vehicle will be registered within 30 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee provided for in this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer’s state issued license and registration for the sale of motor vehicles.

      Carl Vinson, portrayed in the surrealist style of René Magritte, stands by a vintage car with an oversized pen in hand, poised to sign a giant floating document that blends into the cloudy sky. A transparent silhouette of a dealer hands him an invisible key while ethereal figures hold up frames suggesting security interests and digital signatures around them. The setting is surreal: a closed dealership lot where trees grow through cars and clouds merge with the showroom floor, symbolizing the passage from analog to digital processes in vehicle registration.
      Carl Vinson, portrayed in the surrealist style of René Magritte, stands by a vintage car with an oversized pen in hand, poised to sign a giant floating document that blends into the cloudy sky. A transparent silhouette of a dealer hands him an invisible key while ethereal figures hold up frames suggesting security interests and digital signatures around them. The setting is surreal: a closed dealership lot where trees grow through cars and clouds merge with the showroom floor, symbolizing the passage from analog to digital processes in vehicle registration.

    1. If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by: 1. Any certificate of title issued by the other state or country; and

      Samantha Power stands atop a vibrant mosaic of Atlanta's Blandtown neighborhood, dramatically unfolding and raising a large blank scroll to symbolize a title certificate, while striking a powerful pose reminiscent of the goddess figures in Mary Beth Edelson's artwork. -@SamanthaJPower
      Samantha Power stands atop a vibrant mosaic of Atlanta's Blandtown neighborhood, dramatically unfolding and raising a large blank scroll to symbolize a title certificate, while striking a powerful pose reminiscent of the goddess figures in Mary Beth Edelson's artwork. -@SamanthaJPower

      1. Any other information and documents the commissioner reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in it and liens against it.
        Gerald Wilkins stands in the rich, lush setting of Geechee Kunda, surrounded by vibrant colors and textures. He carefully examines various documents and gestures dramatically as if reaching for something unseen, capturing the intensity and emotion of Philip-Lorca diCorcia's art style.
        Gerald Wilkins stands in the rich, lush setting of Geechee Kunda, surrounded by vibrant colors and textures. He carefully examines various documents and gestures dramatically as if reaching for something unseen, capturing the intensity and emotion of Philip-Lorca diCorcia's art style.
    2. If the application refers to a vehicle last previously registered in another state and if the applicant is the last previously registered owner in such state, the application need not contain the name and address of the person from whom the vehicle was acquired.

40-3-21.1.Conditional titles; requirements.

For a 1962 or earlier model year motor vehicle, the owner of such motor vehicle may apply to the commissioner through the county tag agent for a conditional title for such motor vehicle. The application shall be made under oath on a form prescribed by the commissioner for such purpose. Such form shall require the applicant to provide such information as the commissioner shall determine, including all liens and other encumbrances known to the applicant at the time of application, which the commissioner shall cause to be listed on the conditional title upon its issuance. Upon receipt of the application, the commissioner or the commissioner’s duly authorized county tag agent shall file such application and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a conditional certificate of title under the provisions of this chapter, shall issue a conditional certificate of title for the motor vehicle. The conditional certificate of title shall be clearly marked as such and shall contain a disclaimer that states that the title may not reflect all liens or other encumbrances affecting the motor vehicle. The commissioner may impose a fee for the issuance of a conditional title which shall not exceed $20.00. The duly authorized county tag agent shall retain 50 percent of such fee for the general fund of the county and shall transmit the remaining 50 percent to the department for deposit into the state treasury.

40-3-22.Examination of records.

  1. The commissioner or the commissioner’s duly authorized county tag agent, upon receiving application for a first certificate of title, shall check the identifying number of the vehicle shown in the application against the records of vehicles required to be maintained by Code Section 40-3-23 and against the record of stolen and converted vehicles required to be maintained by Code Section 40-3-5.
  2. Subsection (a) of this Code section shall not be applicable to an application for the first certificate of title of a new car or a demonstrator when such application is accompanied by a manufacturer’s certificate of origin.
    Mike Erwin slowly and deliberately hands over a manufacturer's certificate of origin for a new car to an official, with a subtle yet captivating sense of curiosity and wonder, evoking the dynamic energy and spontaneity of Garry Winogrand's art.
    Mike Erwin slowly and deliberately hands over a manufacturer's certificate of origin for a new car to an official, with a subtle yet captivating sense of curiosity and wonder, evoking the dynamic energy and spontaneity of Garry Winogrand's art.

40-3-23.Issuance of certificate of title; maintenance of record of certificates issued; public inspection; furnishing records for fee.

  1. The commissioner or the commissioner’s duly authorized county tag agent shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title of the vehicle.

    JID, dressed as a vintage commissioner with an oversized magnifying glass, theatrically inspects a series of colorful abstract sculptures representing vehicle applications along the graffiti-laden pathways of Decatur Waterworks. Upon finding one that meets his criteria, he performs an exaggerated stamping dance move to "approve" it and then lifts a small tree branch (symbolizing a certificate) triumphantly into the air as sunlight filters through the surrounding greenery, capturing the essence of Mapplethorpe's dramatic lighting and composition. -@JIDsv
    JID, dressed as a vintage commissioner with an oversized magnifying glass, theatrically inspects a series of colorful abstract sculptures representing vehicle applications along the graffiti-laden pathways of Decatur Waterworks. Upon finding one that meets his criteria, he performs an exaggerated stamping dance move to "approve" it and then lifts a small tree branch (symbolizing a certificate) triumphantly into the air as sunlight filters through the surrounding greenery, capturing the essence of Mapplethorpe's dramatic lighting and composition. -@JIDsv

  2. The commissioner or the commissioner’s duly authorized county tag agent shall maintain a record of all certificates of title issued:

    Greg Walker, clad in a suit and tie, solemnly places a stack of certificates of title into an ornate filing cabinet while maintaining a stoic expression, with dramatic lighting and composition reminiscent of Cindy Sherman's art.
    Greg Walker, clad in a suit and tie, solemnly places a stack of certificates of title into an ornate filing cabinet while maintaining a stoic expression, with dramatic lighting and composition reminiscent of Cindy Sherman's art.

    1. Under a distinctive title number assigned to the vehicle;
    2. Under the identifying number of the vehicle;
    3. Alphabetically, under the name of the owner;
    4. Under the vehicle tag registration number; and
    5. In the discretion of the commissioner, in any other method the commissioner determines.
  3. The commissioner or the commissioner’s duly authorized county tag agent is authorized and empowered to provide for photographic and photostatic recording of certificate of title records in such manner as the commissioner or the commissioner’s duly authorized county tag agent may deem expedient. The photographic or photostatic copies authorized in this subsection shall be sufficient as evidence in tracing of titles of the motor vehicles designated therein and shall also be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted.

  4. The motor vehicle records which the commissioner or the commissioner’s duly authorized county tag agent is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that, subject to subsection (f) of this Code section, the records may be disclosed for use as provided in the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following:

    1. Any licensed dealer of new or used motor vehicles;
    2. Any tax collector, tax receiver, or tax commissioner; and
    3. A person or entity authorized by the commissioner for use in providing notice to the owners of towed or impounded vehicles.
  5. In addition to any public inspection of records authorized under subsection (d) of this Code section, motor vehicle records consisting of vehicle description, title status, title brands, last recorded mileage, recorded liens, or recorded security interests which the commissioner or the commissioner’s duly authorized county tag agent is required to maintain under this Code section shall, in such manner and under such conditions as prescribed by the commissioner, be furnished individually or in bulk to any person upon payment of a reasonable fee, for any purpose not otherwise prohibited by law, including without limitation for the purpose of providing information to allow for informed motor vehicle purchase and safety decisions. Records furnished in accordance with this subsection may be subsequently transferred to third parties. Personal information of any registrant, including name, address, date of birth, or driver’s license or social security number, shall not be furnished or transferred by or to any person pursuant to this subsection.

    In a forest clearing, Mackey Sasser dramatically gestures with a vintage car hood while wearing various costumes and wigs, embodying the complex emotions of accessing motor vehicle records as an art piece inspired by Cindy Sherman.
    In a forest clearing, Mackey Sasser dramatically gestures with a vintage car hood while wearing various costumes and wigs, embodying the complex emotions of accessing motor vehicle records as an art piece inspired by Cindy Sherman.

  6. Except as otherwise required in the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1), (2), and (3) of subsection (d) of this Code section shall be limited to the natural person’s name, address, and driver identification number. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes other than those permitted under the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates.

40-3-24.Contents of certificate; certificate as evidence; not subject to garnishment or other process.

  1. Each certificate of title issued by the commissioner or the commissioner’s duly authorized county tag agent shall contain:

    1. The date issued;
    2. The name and address of the owner;
    3. The names and addresses of the holders of any security interest and of any lien as shown on the application or, if the application is based on a certificate of title, as shown on the certificate;

      J.C. Higginbotham, wearing a flowing robe and holding a majestic quill pen, dramatically inscribes the names and addresses of security interest holders onto a larger-than-life scroll as if he were crafting an epic calligraphy art piece in a grand hall adorned with ornate tapestries and gilded chandeliers.
      J.C. Higginbotham, wearing a flowing robe and holding a majestic quill pen, dramatically inscribes the names and addresses of security interest holders onto a larger-than-life scroll as if he were crafting an epic calligraphy art piece in a grand hall adorned with ornate tapestries and gilded chandeliers.

    4. The title number assigned to the vehicle;

    5. A description of the vehicle including, so far as the following data exist: its make, model, identifying number, type of body, number of cylinders, whether new, used, or a demonstrator and, if a new vehicle or a demonstrator, the date of the first sale of the vehicle for use; and
    6. Any other data the commissioner prescribes.
  2. The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee or naming of a security interest holder and of a lienholder and the assignment or release of the security interest and lien.

  3. A certificate of title issued by the commissioner or the commissioner’s duly authorized county tag agent is prima-facie evidence of the facts appearing on it.
  4. A certificate of title for a vehicle is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle.

40-3-25.Entry of odometer reading on certificate of title upon sale or transfer of vehicle; certain vehicles exempted.

  1. In addition to the information required by Code Section 40-3-24, each certificate of title issued by the commissioner or the commissioner’s duly authorized county tag agent shall contain spaces thereon for the entry of the mileage of the motor vehicle as shown on the odometer of such motor vehicle at the time of its sale or transfer. When a demonstrator or a new motor vehicle is sold by a dealer, it shall be the duty of the dealer to insert on the application for the certificate of title and on the manufacturer’s statement of origin where assigned to the first retail purchaser the mileage of such motor vehicle as shown on its odometer on the day of the sale. When the owner of a motor vehicle sells or transfers such motor vehicle, such owner shall enter on the certificate of title the mileage as shown on the odometer of such motor vehicle at the time such owner executes the assignment and warranty of title. When a new certificate of title is issued for a previously titled motor vehicle, the odometer reading as recorded on the old certificate of title shall be shown on the new certificate of title. When a replacement certificate of title is issued to the owner of a lost, stolen, mutilated, or destroyed certificate of title, the mileage as shown on the odometer on the day application is made for the replacement certificate of title shall be shown on the replacement certificate of title.
  2. Notwithstanding any other provision of this Code section, the requirement of disclosure of the odometer mileage on certificates of title shall not be required for a motor vehicle:

    Lil Scrappy dramatically poses with a vintage car, his gaze intense and focused, while surrounded by flashing lights and swirling shadows in the Delta Flight Museum. -@reallilscrappy
    Lil Scrappy dramatically poses with a vintage car, his gaze intense and focused, while surrounded by flashing lights and swirling shadows in the Delta Flight Museum. -@reallilscrappy

    1. With a gross vehicle weight rating of more than 16,000 pounds;

      Vanessa Briscoe Hay balances a giant turtle shell on her shoulders, stomping dramatically to represent the weight of a vehicle with a gross vehicle weight rating of more than 10,000 pounds, while surrounded by swirling patterns reminiscent of the coastal landscapes in Georgia. -@vanbriscoehay
      Vanessa Briscoe Hay balances a giant turtle shell on her shoulders, stomping dramatically to represent the weight of a vehicle with a gross vehicle weight rating of more than 10,000 pounds, while surrounded by swirling patterns reminiscent of the coastal landscapes in Georgia. -@vanbriscoehay

    2. Manufactured in or before the 2010 model year and is transferred at least ten years after January 1 of the calendar year corresponding to its designated model year; or

      Walt Kelly stands in front of a vintage car, pretending to crank the engine while holding up his hands to show ten years passing by. The scene is set against the backdrop of Englewood Manor, with buildings and trees arranged in bold geometric shapes like a Piet Mondrian painting.
      Walt Kelly stands in front of a vintage car, pretending to crank the engine while holding up his hands to show ten years passing by. The scene is set against the backdrop of Englewood Manor, with buildings and trees arranged in bold geometric shapes like a Piet Mondrian painting.

    3. Manufactured in or after the 2011 model year and is transferred at least 20 years after January 1 of the calendar year corresponding to its designated model.

      Young Dro, cloaked in a bold black costume, stretches his arms wide and moves forward with deliberate steps as if assembling an imaginary car from the year 2020. His movements are angular and sharp, mimicking the style of Kazimir Malevich's art piece, all set against the lush backdrop of Atlanta Botanical Garden. -@dropolo
      Young Dro, cloaked in a bold black costume, stretches his arms wide and moves forward with deliberate steps as if assembling an imaginary car from the year 2020. His movements are angular and sharp, mimicking the style of Kazimir Malevich's art piece, all set against the lush backdrop of Atlanta Botanical Garden. -@dropolo

  3. The commissioner is authorized and directed to provide by regulation for the implementation of this Code section.

    Josh Fields gracefully spins in a circle, arms outstretched, as he enacts the process of creating a shimmering and immersive light installation that represents the implementation of the Code section. The performance takes place at the opulent Jekyll Island Club, where the world's wealth converges under one roof.
    Josh Fields gracefully spins in a circle, arms outstretched, as he enacts the process of creating a shimmering and immersive light installation that represents the implementation of the Code section. The performance takes place at the opulent Jekyll Island Club, where the world's wealth converges under one roof.

40-3-25.1.Redesignated.

Editor’s notes.

David Ragan stands in a dramatic pose, surrounded by large geometric shapes and designs, holding a magnifying glass to examine and annotate a piece of artwork while incorporating elements of racing into the movements. -@DavidRagan
David Ragan stands in a dramatic pose, surrounded by large geometric shapes and designs, holding a magnifying glass to examine and annotate a piece of artwork while incorporating elements of racing into the movements. -@DavidRagan

Ga. L. 1990, p. 2048, § 3, effective July 1, 1990, redesignated former Code Section 40-3-25.1 as present Code Section 40-3-25.

Tracy Middendorf gracefully extends her arms, swirling and shaping the air as if molding it into a new form, while embodying the essence of Georgia O'Keeffe's style in a fluid dance. -@TracyMiddendorf
Tracy Middendorf gracefully extends her arms, swirling and shaping the air as if molding it into a new form, while embodying the essence of Georgia O'Keeffe's style in a fluid dance. -@TracyMiddendorf

40-3-26.Delivery of certificate; notice to junior security interest holders and lienholders; disposition of certificate when first lien or security interest satisfied.

    1. The certificate of title shall be mailed or delivered to the holder of the first security interest or lien named in it. In the event there is no security interest holder or lienholder named in such certificate, the certificate of title shall be mailed or delivered directly to the owner.

      Lil Yachty gracefully handing a certificate of title to an imaginary holder and then directly to the owner, all while moving in slow, deliberate motions like an art piece from Anish Kapoor, set in Folk Art Park, a psychedelic tribute to Georgia's artistic visionaries, located in Atlanta. -@lilyachty
      Lil Yachty gracefully handing a certificate of title to an imaginary holder and then directly to the owner, all while moving in slow, deliberate motions like an art piece from Anish Kapoor, set in Folk Art Park, a psychedelic tribute to Georgia's artistic visionaries, located in Atlanta. -@lilyachty

    2. The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. On or after January 1, 2013, the commissioner shall require that security interest holders and lienholders receive notice of recordings of security interests and liens electronically. Such requirement may be phased in based on criteria designated by the commissioner through duly adopted rules and regulations. Such security interest or lien shall remain on the official records of the department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release, or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee provided by Code Section 40-3-38.

      Elijah Bryant stands in a Dublin courthouse, striking a pose as if shooting a basketball towards an ornate antique mailbox, symbolizing the electronic delivery of notices. The scene is captured in the high-contrast black-and-white style of Ansel Adams, with dramatic lighting emphasizing the contrast between old and new methods of communication. -@Elijah_Bryant3
      Elijah Bryant stands in a Dublin courthouse, striking a pose as if shooting a basketball towards an ornate antique mailbox, symbolizing the electronic delivery of notices. The scene is captured in the high-contrast black-and-white style of Ansel Adams, with dramatic lighting emphasizing the contrast between old and new methods of communication. -@Elijah_Bryant3

    3. If the certificate of title has not been electronically delivered as provided for in paragraph (2) of this subsection, in lieu of delivering a certificate of title, the commissioner may deliver to any security interest holder or lienholder a confirmation form stating the certificate of title is available for printing:

      Desmond Harrington gracefully extends his hand, presenting an imaginary certificate of title to a security interest holder while embodying the vibrant and emotive style of Frida Kahlo's art piece, amidst the lively atmosphere of Shipwreck Island Waterpark. -@dezharrington
      Desmond Harrington gracefully extends his hand, presenting an imaginary certificate of title to a security interest holder while embodying the vibrant and emotive style of Frida Kahlo's art piece, amidst the lively atmosphere of Shipwreck Island Waterpark. -@dezharrington

      1. When such confirmation is presented to the commissioner’s duly authorized county tag agent or to the commissioner requesting delivery of the title in accordance with this Code section;

        Russell And Company dramatically presents confirmation to the county tag agent, requesting delivery of the title in accordance with this Code section, all while incorporating elements of dance and performance art to create a visually captivating scene.
        Russell And Company dramatically presents confirmation to the county tag agent, requesting delivery of the title in accordance with this Code section, all while incorporating elements of dance and performance art to create a visually captivating scene.

      2. When the security interest or lien is satisfied and the confirmation form is delivered to the owner stating the security interest or lien is satisfied and released. The owner may then present the confirmation letter to the commissioner’s duly authorized county tag agent or the commissioner for printing in accordance with this Code section; or

        Willie Gault gracefully releases a balloon into the sky, symbolizing the satisfaction and release of a security interest or lien, as onlookers are captivated by the artful display in Brooks, Georgia. -@SpeedbyGault
        Willie Gault gracefully releases a balloon into the sky, symbolizing the satisfaction and release of a security interest or lien, as onlookers are captivated by the artful display in Brooks, Georgia. -@SpeedbyGault

      3. When the security interest holder or lienholder delivers the confirmation form to the commissioner’s duly authorized county tag agent or the commissioner stating the security interest or lien is satisfied and released and provides an alternate delivery address to include any subsequent security interest holder, lienholder, vehicle dealer, or other business with an interest in such vehicle.

        1. In the event the confirmation form is lost or stolen, the security interest holder or lienholder shall file an affidavit stating the circumstances under which the confirmation form was lost or stolen. Upon receipt, the commissioner shall deliver a certificate of title in accordance with this Code section.
          Lynyrd Skynyrd, in the style of an Alexa Meade art piece, dramatically acts out losing a form and filing an affidavit while wearing vibrant colors and surrounded by painted props at Graceland. -@Skynyrd
          Lynyrd Skynyrd, in the style of an Alexa Meade art piece, dramatically acts out losing a form and filing an affidavit while wearing vibrant colors and surrounded by painted props at Graceland. -@Skynyrd
  1. If the certificate of title is mailed to a security interest holder or lienholder, such person shall notify by mail all other lien or security interest holders that such person has received the certificate of title. The notice shall inform the security interest holder or lienholder of the contents and information reflected on such certificate of title. Such mailing or delivery shall be within five days, exclusive of holidays, after the receipt of the certificate by the holder of any security interest or lien.

  2. The security interest holder or lienholder may retain custody of the certificate of title until such security interest holder’s or lienholder’s claim has been satisfied. The security interest holder or lienholder having custody of a certificate of title must deliver the certificate of title to the next lienholder or security interest holder within ten days after such custodial security interest holder’s or lienholder’s lien or security interest has been satisfied and, if there is no other security interest holder or lienholder, such custodial security interest holder or lienholder must deliver the certificate of title to the owner.
  3. If a lien or security interest has been electronically recorded, the release of such lien or security interest will require the lienholder to notify the commissioner and the owner of the vehicle, on a form prescribed by the commissioner, or by electronic means approved by the commissioner, of the release of the lien or security interest. Such notice will inform the owner that such owner may request a title free of lien, upon verification of such owner’s current mailing address, from the commissioner as provided in Code Section 40-3-56.

40-3-27.General procedure for reflecting a subsequent transaction on certificate.

  1. Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of title desires to have that transaction reflected on the certificate of title, such security interest holder or lienholder may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction such security interest holder or lienholder desires to be reflected on the certificate of title. The notice, a fee as provided by Code Section 40-3-38, and the title application shall be mailed by certified mail or statutory overnight delivery, return receipt requested, by the person desiring the change to the first security interest holder or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such security interest holder or lienholder within ten days to forward the notice, the fee, the title application, and the certificate of title to the commissioner or the commissioner’s duly authorized county tag agent. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or the authorized county tag agent, upon receipt of such a notice and title application, together with the fee and certificate of title, shall enter the transaction shown on the notice on such commissioner’s or authorized county tag agent’s records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. The person desiring the change shall retain the return certified mail or statutory overnight delivery receipt as proof of such person’s compliance with this Code section.
  2. In the event the first security interest holder or lienholder holding the certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioner’s duly authorized county tag agent, as required by this Code section, the person desiring the change may, on a form prescribed by the commissioner, make direct application to the commissioner or the authorized county tag agent. Such direct application to the commissioner or the authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or the authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the subsequent transaction entered thereon or a new certificate of title issued. If, after a direct application to the commissioner or the authorized county tag agent and the order of the commissioner or authorized county tag agent, the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the subsequent security interest, and this new certificate of title shall be delivered as provided for in this chapter.

    Gram Parsons, in the style of Amy Joy Watson, dramatically gestures and acts out a scene where he is mailing a direct application to the commissioner or authorized county tag agent, attaching the return receipt showing previous mailings and then receiving a new certificate of title issued after canceling the outstanding one.
    Gram Parsons, in the style of Amy Joy Watson, dramatically gestures and acts out a scene where he is mailing a direct application to the commissioner or authorized county tag agent, attaching the return receipt showing previous mailings and then receiving a new certificate of title issued after canceling the outstanding one.

  3. As an alternative to mailing notices of transactions concerning a security interest or lien on the certificate of title to the commissioner or the commissioner’s appropriate authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner.

  4. Any first security interest holder or lienholder having possession of a certificate of title shall not have the validity of such first security interest holder’s or lienholder’s security interest or lien affected by surrendering the certificate of title as provided by this Code section.

40-3-28.Registration of vehicle where commissioner not satisfied as to ownership of vehicle; bond.

If the commissioner or the commissioner’s duly authorized county tag agent is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the commissioner or authorized county tag agent may register the vehicle, but shall either: (1) withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the commissioner or authorized county tag agent as to the applicant’s ownership of the vehicle and that there are no undisclosed security interests in it; or (2) as a condition of issuing a certificate of title, require the applicant to file with the commissioner or authorized county tag agent a bond in the form prescribed by the commissioner and executed by the applicant and by a bonding, surety, or insurance company licensed to do business in Georgia. The bond shall be in an amount equal to the value of the vehicle as determined by the commissioner or authorized county tag agent and payable to the commissioner for the benefit of any prior owner, lienholder, or security interest holder, and any subsequent purchaser of the vehicle or person acquiring any security interest or lien on it, and their respective successors in interest, against any expense, loss, or damage, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vehicle. The commissioner shall have a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall expire at the end of four years unless the commissioner or authorized county tag agent has been notified of a breach of a condition of the bond.

40-3-29.Refusing certificate.

  1. The commissioner or the commissioner’s duly authorized county tag agent shall refuse issuance of a certificate of title only if any required fee is not paid or if the commissioner or the commissioner’s duly authorized county tag agent has reasonable grounds to believe that:

    1. The applicant is not the owner of the vehicle;
    2. The application contains a false or fraudulent statement;

      Brandon Mosley dramatically contorts his body, reaching out with exaggerated, elongated limbs to hold a giant inflated balloon representing the false or fraudulent statement, as if he is trying to contain it within himself in an Alberto Giacometti style art piece set in the vibrant and lively atmosphere of Splash in The Boro.
      Brandon Mosley dramatically contorts his body, reaching out with exaggerated, elongated limbs to hold a giant inflated balloon representing the false or fraudulent statement, as if he is trying to contain it within himself in an Alberto Giacometti style art piece set in the vibrant and lively atmosphere of Splash in The Boro.

    3. The applicant fails to furnish required information or documents or any additional information the commissioner or authorized county tag agent reasonably requires; or

      George W. Jenkins stands in a grand ballet pose, reaching out to hand over an invisible document to the commissioner, with the majestic backdrop of Atlanta Ballet's stage captured in Ansel Adams' signature black and white photography style.
      George W. Jenkins stands in a grand ballet pose, reaching out to hand over an invisible document to the commissioner, with the majestic backdrop of Atlanta Ballet's stage captured in Ansel Adams' signature black and white photography style.

    4. The registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state.

      Spud Chandler pantomimes driving a car, then dramatically tears up a piece of paper representing the vehicle registration while wearing an elaborate steampunk-inspired costume in an Indie Craft Experience setting.
      Spud Chandler pantomimes driving a car, then dramatically tears up a piece of paper representing the vehicle registration while wearing an elaborate steampunk-inspired costume in an Indie Craft Experience setting.

  2. If the application for first certificate of title is rejected, the application shall be returned to the holder of the first security interest or lien named in the application or to the owner if there is no security interest holder or lienholder.

    Sonny Terry stands on a stage, holding a large certificate of title. With exaggerated movements, he pretends to submit the application, only for it to be comically rejected and returned to him. He then dramatically hands it off to an imaginary security interest holder or lienholder, or theatrically acts as the owner reclaiming the document. The entire performance is done in the style of a whimsical art piece by Marcel Duchamp, with surreal and playful elements incorporated throughout.
    Sonny Terry stands on a stage, holding a large certificate of title. With exaggerated movements, he pretends to submit the application, only for it to be comically rejected and returned to him. He then dramatically hands it off to an imaginary security interest holder or lienholder, or theatrically acts as the owner reclaiming the document. The entire performance is done in the style of a whimsical art piece by Marcel Duchamp, with surreal and playful elements incorporated throughout.

40-3-29.1.Redesignated.

Editor’s notes.

Bernard James gracefully moves his hands as if sculpting the air, punctuating each motion with a powerful jump and a fluid spin, creating an ethereal dance that melds athleticism and artistry in the style of Dorothy Napangardi. -@BernardJame5
Bernard James gracefully moves his hands as if sculpting the air, punctuating each motion with a powerful jump and a fluid spin, creating an ethereal dance that melds athleticism and artistry in the style of Dorothy Napangardi. -@BernardJame5

Ga. L. 1990, p. 2048, § 3, effective July 1, 1990, redesignated former Code Section 40-3-29.1 as present Code Section 40-3-30.

40-3-30.Requirement of compliance with federal safety standards.

  1. 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 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.

    Lil Nas X stands beside a vintage car, dramatically holding up a large magnifying glass to inspect an oversized, cartoonish compliance certificate with colorful safety badges and symbols, in a lush Dunwoody park as children dressed as cars line up for inspection, capturing the essence of Steve McCurry's vivid storytelling through composition and human expression. -@LilNasX
    Lil Nas X stands beside a vintage car, dramatically holding up a large magnifying glass to inspect an oversized, cartoonish compliance certificate with colorful safety badges and symbols, in a lush Dunwoody park as children dressed as cars line up for inspection, capturing the essence of Steve McCurry's vivid storytelling through composition and human expression. -@LilNasX

  2. The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for such motor vehicles first titled in Georgia that have a manufactured date that is 25 years or older at the time of application. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of title.

    Alumax, wearing a vintage pilot's uniform, gracefully performs a slow-motion dance to represent the passing of time as he holds up an old Georgia motor vehicle title certificate and then waves it away, symbolizing that the provisions do not apply to older vehicles. This art piece is a visual representation of the legal exemption for older motor vehicles in Georgia.
    Alumax, wearing a vintage pilot's uniform, gracefully performs a slow-motion dance to represent the passing of time as he holds up an old Georgia motor vehicle title certificate and then waves it away, symbolizing that the provisions do not apply to older vehicles. This art piece is a visual representation of the legal exemption for older motor vehicles in Georgia.

  3. The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for former military motor vehicles that are less than 25 years old and manufactured for the United States military.

  4. The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for converted motor vehicles as such term is defined in Code Section 40-3-30.1.

40-3-30.1.Standards for issuance to assembled motor vehicle and motorcycle or converted motor vehicle; inspections.

  1. As used in this Code section, the term:

    Nancy Grace dramatically poses with her arm outstretched, as if she is defining the boundaries of a term, using exaggerated facial expressions and body language to convey the intensity and determination of her character in a richly textured, dramatic setting. -@NancyGrace
    Nancy Grace dramatically poses with her arm outstretched, as if she is defining the boundaries of a term, using exaggerated facial expressions and body language to convey the intensity and determination of her character in a richly textured, dramatic setting. -@NancyGrace

    1. “Assembled motor vehicle or motorcycle” means any motor vehicle or motorcycle that is:

      Jim Brown carefully arranging various components of a motor vehicle or motorcycle in a harmonious and balanced composition, capturing the essence of Cézanne's style with vibrant colors and dynamic brushstrokes, set against the backdrop of Newnan's lush landscape. -@JimBrownNFL32
      Jim Brown carefully arranging various components of a motor vehicle or motorcycle in a harmonious and balanced composition, capturing the essence of Cézanne's style with vibrant colors and dynamic brushstrokes, set against the backdrop of Newnan's lush landscape. -@JimBrownNFL32

      1. Manufactured from a manufacturer’s kit or manufacturer’s fabricated parts, including replicas and original designs:
        Playboi Carti assembles a colorful toy car from an abstract, Kandinsky-inspired manufacturer’s kit with vivid geometric shapes on the interactive play floor of Marbles Kids Museum, surrounded by spirals and contrasting hues that mimic Kandinsky's dynamic painting style. -@playboicarti
        Playboi Carti assembles a colorful toy car from an abstract, Kandinsky-inspired manufacturer’s kit with vivid geometric shapes on the interactive play floor of Marbles Kids Museum, surrounded by spirals and contrasting hues that mimic Kandinsky's dynamic painting style. -@playboicarti
        1. (I) By an owner; or
        2. (I) Such owner or third-party manufacturer is not manufacturing and testing in accordance with federal safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq.; and
      2. A new vehicle and consists of a prefabricated body, chassis, and drive train;
      3. Handmade and not mass produced by any manufacturer for retail sale; or

        James Brown handcrafting a unique, one-of-a-kind sculpture while exuding charisma and soulful energy in the style of Richard Avedon's iconic photography.
        James Brown handcrafting a unique, one-of-a-kind sculpture while exuding charisma and soulful energy in the style of Richard Avedon's iconic photography.

      4. Not otherwise excluded from emission requirements and is in compliance with Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles.

        1. “Converted motor vehicle” means any unconventional motor vehicle that has been altered from the original manufactured condition by an owner or third party in order to comply with certain state and federal requirements relating to low-speed vehicles.
          In a dramatic art piece reminiscent of Banksy, 2 Chainz stands in a Monroe field, transforming an old car into a low-speed vehicle by adding oversized wheels and colorful designs while adhering to state and federal regulations. -@2chainz
          In a dramatic art piece reminiscent of Banksy, 2 Chainz stands in a Monroe field, transforming an old car into a low-speed vehicle by adding oversized wheels and colorful designs while adhering to state and federal regulations. -@2chainz
      1. “Unconventional motor vehicle or motorcycle” means any motor vehicle or motorcycle that is not manufactured in compliance with the following:

        Jena Sims gracefully maneuvers a vintage unicycle adorned with colorful ribbons and dangling ornaments, against the backdrop of Monroe's historic main street, as if she were a living art piece in a whimsical outdoor gallery. -@jenamsims
        Jena Sims gracefully maneuvers a vintage unicycle adorned with colorful ribbons and dangling ornaments, against the backdrop of Monroe's historic main street, as if she were a living art piece in a whimsical outdoor gallery. -@jenamsims

        1. Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles;
        Walt Kelly flipping through a large book while inspecting a car, with intense focus and determination, set against a backdrop of vibrant colors and dramatic lighting reminiscent of James Nachtwey's style.
        Walt Kelly flipping through a large book while inspecting a car, with intense focus and determination, set against a backdrop of vibrant colors and dramatic lighting reminiscent of James Nachtwey's style.

        1. 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 and Border Protection Agency or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; or
        2. Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the “Clean Air Act,” as amended.
          Blacksmith Alex W. Bealer enthusiastically hammering a sculpted metal bust of the Clean Air Act while surrounded by vibrant, exaggeratedly colored clouds and rays of light, all in the style of Wayne Thiebaud's art piece.
          Blacksmith Alex W. Bealer enthusiastically hammering a sculpted metal bust of the Clean Air Act while surrounded by vibrant, exaggeratedly colored clouds and rays of light, all in the style of Wayne Thiebaud's art piece.
      2. Such term shall not include former military motor vehicles.

        Norman Blake gracefully glides across the stage, his body contorting into a surreal pose as he embodies the essence of "Such term shall not include former military motor vehicles," all captured through the lens of an avant-garde art piece inspired by Man Ray.
        Norman Blake gracefully glides across the stage, his body contorting into a surreal pose as he embodies the essence of "Such term shall not include former military motor vehicles," all captured through the lens of an avant-garde art piece inspired by Man Ray.

  2. In addition to the requirements contained in Code Section 40-3-30, prior to the issuance of a certificate of title to the owner of an assembled motor vehicle or motorcycle, the owner shall cause such assembled motor vehicle or motorcycle to be inspected in order to establish:

    Russell Branyan dramatically poses with a vintage motorcycle, gesturing towards a group of inspectors while holding up the vehicle's title document, all captured in dramatic black and white photography reminiscent of Robert Mapplethorpe's style.
    Russell Branyan dramatically poses with a vintage motorcycle, gesturing towards a group of inspectors while holding up the vehicle's title document, all captured in dramatic black and white photography reminiscent of Robert Mapplethorpe's style.

    1. The existence of a verifiable Manufacturer’s Certificate of Origin (MCO) or other verifiable documentation of purchase of all major components; and

      Kris Benson carefully arranges small, intricate pieces of paper and fabric to create a collage that represents the verifiable documentation of purchase for all major components, set against a backdrop of vibrant colors and patterns reminiscent of One Musicfest. -@Kris_Benson34
      Kris Benson carefully arranges small, intricate pieces of paper and fabric to create a collage that represents the verifiable documentation of purchase for all major components, set against a backdrop of vibrant colors and patterns reminiscent of One Musicfest. -@Kris_Benson34

    2. That such assembled motor vehicle or motorcycle complies with:

      Dunta Robinson gracefully mimics the inspection of a motor vehicle, with dramatic flair reminiscent of Henri de Toulouse-Lautrec's artistry, against the vibrant backdrop of Perry, Georgia. -@duntarobinson23
      Dunta Robinson gracefully mimics the inspection of a motor vehicle, with dramatic flair reminiscent of Henri de Toulouse-Lautrec's artistry, against the vibrant backdrop of Perry, Georgia. -@duntarobinson23

      1. Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and

        Elijah Bryant elegantly inspects a vintage car's equipment, surrounded by the grandeur of Downtown Blue Ridge, captured in the artistic style of Paolo Roversi. -@Elijah_Bryant3
        Elijah Bryant elegantly inspects a vintage car's equipment, surrounded by the grandeur of Downtown Blue Ridge, captured in the artistic style of Paolo Roversi. -@Elijah_Bryant3

      2. If applicable, federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the “Clean Air Act,” as amended.

  3. Prior to the issuance of a certificate of title to the owner of a converted motor vehicle, the owner shall cause such converted motor vehicle to be inspected in order to establish that such vehicle complies with:

    1. Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and

      Kevin Salwen gracefully mimics the motion of inspecting a motor vehicle, his movements fluid and captivating in Steven Meisel's signature style, set against a vibrant backdrop of King of Pops' luscious colors. -@KevinSalwen
      Kevin Salwen gracefully mimics the motion of inspecting a motor vehicle, his movements fluid and captivating in Steven Meisel's signature style, set against a vibrant backdrop of King of Pops' luscious colors. -@KevinSalwen

    2. Standards for low-speed vehicles based upon applicable standards set forth in 49 C.F.R. Section 571.500, as amended.

      Cook Paula Deen stands amidst the ruins of Radium Springs Gardens, gracefully sculpting and shaping the air in a mesmerizing dance that mirrors the movement of warm, clear water flowing from the blue hole spring. -@Paula_Deen
      Cook Paula Deen stands amidst the ruins of Radium Springs Gardens, gracefully sculpting and shaping the air in a mesmerizing dance that mirrors the movement of warm, clear water flowing from the blue hole spring. -@Paula_Deen

  4. The inspections conducted under subsection (b) and subsection (c) of this Code section shall only be for the purpose of establishing that such inspected motor vehicle or motorcycle is eligible to receive a certificate of title.

  5. The department shall be authorized to charge an inspection fee.

    Tommy Irvin, holding a magnifying glass and wearing a cowboy hat, dramatically presents an oversized invoice to a group of bewildered farm animals in a lush Loganville field.
    Tommy Irvin, holding a magnifying glass and wearing a cowboy hat, dramatically presents an oversized invoice to a group of bewildered farm animals in a lush Loganville field.

  6. Unconventional motor vehicles or motorcycles shall not be titled or registered.

(II)At the request of the owner by a third-party manufacturer of motor vehicles or motorcycles; and

(II)The United States Customs Service or the United States Department of Transportation has not certified that the motor vehicle complies with such applicable federal standards;

40-3-31.Lost, stolen, mutilated, or destroyed certificates.

If a certificate of title is lost, stolen, mutilated, or destroyed or becomes illegible, the owner or the legal representative of the owner named in the certificate, as shown by the records of the commissioner or the commissioner’s duly authorized county tag agent, shall promptly make application for and may obtain a replacement, upon furnishing information satisfactory to the commissioner or authorized county tag agent. The replacement shall be issued on the following terms and conditions:

  1. If the replacement title is issued to the owner named in the lost, stolen, mutilated, or destroyed certificate, as shown by the records of the commissioner or authorized county tag agent, the replacement certificate of title shall contain the legend:

    Using expressive hand movements and body language, Steve Whitmire embodies the issuance of a replacement title certificate as if he were creating a living sculpture in the style of Dan Flavin's art pieces. -@SteveWhitmire
    Using expressive hand movements and body language, Steve Whitmire embodies the issuance of a replacement title certificate as if he were creating a living sculpture in the style of Dan Flavin's art pieces. -@SteveWhitmire

    “This is a replacement certificate and may be subject to the rights of a person under the original certificate.”;

    Jean Carne gracefully receives a new certificate, delicately holding it up like a precious treasure, while her movements and expressions convey the weight of its significance, all set against the backdrop of Inman Park's vibrant colors and textures.
    Jean Carne gracefully receives a new certificate, delicately holding it up like a precious treasure, while her movements and expressions convey the weight of its significance, all set against the backdrop of Inman Park's vibrant colors and textures.

  2. When the vehicle for which a replacement certificate of title has been issued is transferred to a new owner, the certificate of title issued to the transferee shall continue to contain the legend:

    “This is a replacement certificate and may be subject to the rights of a person under the original certificate.”

    After a replacement certificate has been issued and the records of the commissioner or authorized county tag agent show that the owner has held record title continuously for a period of not less than six calendar months and the record title of the owner has not been challenged, the commissioner or authorized county tag agent may, upon proper application, issue a replacement title, which shall simply contain the legend “Replacement Title”;

    Actor Sam Edwards, in a scene reminiscent of an art piece by Joseph Goto, pretends to hold a certificate before drawing a line through it and writing "Replacement Title" in big letters.
    Actor Sam Edwards, in a scene reminiscent of an art piece by Joseph Goto, pretends to hold a certificate before drawing a line through it and writing "Replacement Title" in big letters.

  3. A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the commissioner or authorized county tag agent. Where the owner named in a replacement certificate of title, or a transferee, recovers the original certificate such owner or transferee may surrender the original certificate together with the replacement title and if such owner or transferee is otherwise entitled to a certificate the commissioner or authorized county tag agent may issue such owner or transferee a new certificate of title with no legend thereon;

  4. If two or more innocent persons are the victims of the fraud or mistake of another and none of the victims could have reasonably taken steps to detect or prevent the fraud or mistake, the victim who first acquired an interest in a vehicle through any certificate of title shall have such victim’s interest protected; and
  5. A replacement title when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the title. The owner shall report the nonreceipt or loss and apply for replacement of the title to the commissioner within 60 days of the issuance of such title by the commissioner. An applicant shall provide an affidavit of nonreceipt and verify his or her current mailing address.

40-3-31.1.[Repealed] Replacement certificates of title for mobile homes.

40-3-32.Transfer of vehicle generally.

  1. If an owner transfers his interest in a vehicle other than by the creation of a security interest, he shall, at the time of delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate of title or as the commissioner prescribes and cause the certificate and assignment to be delivered to the transferee.  If the transferor willfully fails to deliver the properly assigned certificate of title to the transferee, the transferor shall be guilty of a misdemeanor.  In addition, the transferor shall be civilly liable to the transferee for all damages, including reasonable attorney’s fees, occasioned by the transferor’s failure to comply with this subsection.

    Jean Carne, in a black and white photograph by Weegee, theatrically hands over a large, symbolic key to another person against the backdrop of the Wind Gap Mural; her expression is earnest and exaggerated to show the importance of proper vehicle title transfer, while Weegee captures this moment with his signature flash photography style that starkly highlights their silhouettes.
    Jean Carne, in a black and white photograph by Weegee, theatrically hands over a large, symbolic key to another person against the backdrop of the Wind Gap Mural; her expression is earnest and exaggerated to show the importance of proper vehicle title transfer, while Weegee captures this moment with his signature flash photography style that starkly highlights their silhouettes.

  2. Except as provided in Code Section 40-3-33, the transferee, promptly after delivery to him or her of the vehicle and certificate of title, shall execute the application for a new certificate of title on the form the commissioner prescribes and cause the application and the certificate of title to be mailed or delivered to the authorized county tag agent in the county where the vehicle will be registered together with the application for change of registration for the vehicle, so that the title application shall be received within 30 days from the date of the transfer of the vehicle. If the title application is not received within that time, the owner shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return the same to the authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this subsection.

  3. If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder, and the parties shall comply with Code Section 40-3-51.
  4. Except as provided in Code Section  40-3-33 and as between the parties, a transfer by an owner is not effective until this Code section and Code Section  40-3-33 have been complied with; and no purchaser or transferee shall acquire any right, title, or interest in and to a vehicle purchased by him unless and until he shall obtain from the transferor the certificate of title thereto, duly transferred in accordance with this Code section.
  5. The commissioner shall promulgate procedures and provide forms whereby a prospective purchaser may, if such prospective purchaser desires, have the commissioner’s or the commissioner’s duly authorized county tag agent’s records searched for undisclosed certificates of title and security interests.
    Rick Honeycutt dramatically raises his arms and gestures towards a large, abstract canvas, miming the process of promulgating procedures and providing forms while surrounded by colorful geometric shapes and symbols representing the search for undisclosed certificates of title and security interests.
    Rick Honeycutt dramatically raises his arms and gestures towards a large, abstract canvas, miming the process of promulgating procedures and providing forms while surrounded by colorful geometric shapes and symbols representing the search for undisclosed certificates of title and security interests.

40-3-32.1.Application for transfer of title to local tag agent by purchaser of manufactured home.

In addition to any other requirements imposed by this chapter for the transfer of a certificate of title, the purchaser of a manufactured home shall submit an application for a transfer of title to the local tag agent in the county in which the manufactured home is to be installed, which application shall indicate the full serial number for such manufactured home and shall be accompanied by a certificate of the tax commissioner or tax collector of the county in which the manufactured home was previously installed, if different, stating that all ad valorem taxes assessed against such manufactured home have been paid. No new certificate of title shall be issued for a manufactured home unless all ad valorem taxes on such home have been paid.

Stacey Abrams dramatically presents a giant, ornate certificate of title for a manufactured home, while surrounded by swirling ad valorem tax documents and an elaborate arrangement of vibrant flowers and sparkling lights at Carowinds. -@staceyabrams
Stacey Abrams dramatically presents a giant, ornate certificate of title for a manufactured home, while surrounded by swirling ad valorem tax documents and an elaborate arrangement of vibrant flowers and sparkling lights at Carowinds. -@staceyabrams

40-3-33.Transfer of vehicle to or from dealer; records to be kept by dealers; electronic filing; application for title where dealer located.

    1. Except as provided in paragraph (2) of this subsection, a dealer who buys a vehicle and holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him.  Upon transferring the vehicle to another person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vehicles under this Code section shall otherwise conform with Code Section 40-3-32.  A dealer selling a previously registered vehicle which under this chapter need not have a certificate of title need not furnish a purchaser of such a vehicle a certificate of title.  After a previously registered vehicle has been brought under the terms of this chapter, a dealer, when selling that vehicle, shall conform to all provisions of this chapter.
      1. As used in this paragraph, the term “franchise dealer” means a dealer who under a contract or franchise agreement with a manufacturer, distributor, wholesaler, or importer is authorized to sell new motor vehicles of or for such manufacturer, distributor, wholesaler, or importer and who is authorized to use trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales.

        Chris Lowell gracefully extends his arm, holding a delicate scroll inscribed with the definition of "franchise dealer." As he slowly unfurls it, his body language exudes elegance and poise, reminiscent of an art piece from Sandro Botticelli. The setting is Ware-Lyndon House/Lyndon House Arts Center, where this captivating performance mesmerizes the audience with its visual and physical storytelling. -@mrchrislowell
        Chris Lowell gracefully extends his arm, holding a delicate scroll inscribed with the definition of "franchise dealer." As he slowly unfurls it, his body language exudes elegance and poise, reminiscent of an art piece from Sandro Botticelli. The setting is Ware-Lyndon House/Lyndon House Arts Center, where this captivating performance mesmerizes the audience with its visual and physical storytelling. -@mrchrislowell

      2. A dealer who is not a franchise dealer who acquires a vehicle for which the original certificate of title has not been issued and who holds such vehicle for resale shall not be exempt from the requirement to obtain a certificate of title in such dealer’s name as provided in paragraph (1) of this subsection.  Such dealer shall, as provided in Code Section 40-3-32, obtain a certificate of title in such dealer’s name prior to selling or otherwise transferring said vehicle to any other person or dealer.

        Actress Morgan Saylor, embodying the artistry of Charles Ross, pretends to be a car dealer receiving a vehicle, then meticulously simulates filling out and obtaining a certificate of title before orchestrating the sale or transfer of the vehicle. -@MorganSaylor
        Actress Morgan Saylor, embodying the artistry of Charles Ross, pretends to be a car dealer receiving a vehicle, then meticulously simulates filling out and obtaining a certificate of title before orchestrating the sale or transfer of the vehicle. -@MorganSaylor

  1. Every dealer shall maintain a record, in the form the commissioner prescribes, of every vehicle bought, sold, or exchanged by him, or received by him for sale or exchange. Such record shall be kept for three years and shall be open to inspection by a representative of the commissioner during reasonable business hours.

    Blackberry Smoke, in the style of Jasper Johns, meticulously paints a large canvas with bold and vibrant colors to symbolize the recording and inspection of vehicles by dealers, using dynamic and expressive movements to mimic the act while performing on stage in Augusta. -@blackberrysmoke
    Blackberry Smoke, in the style of Jasper Johns, meticulously paints a large canvas with bold and vibrant colors to symbolize the recording and inspection of vehicles by dealers, using dynamic and expressive movements to mimic the act while performing on stage in Augusta. -@blackberrysmoke

  2. Except as otherwise provided for in subsection (c) of Code Section 40-3-32, the dealer shall submit a properly completed certificate of title application and proper supporting documents to the commissioner or to the appropriate authorized county tag agent so that the application and supporting documents shall be submitted to the commissioner or the appropriate authorized county tag agent within 30 days from the date of the transfer of the vehicle. If the application and supporting documents are not submitted within that time, the dealer shall be required to pay a penalty of $10.00 in addition to the ordinary title fee as provided by this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer’s state issued license and registration for the sale of motor vehicles.

    Elringklinger Ag, embodying the spirit of Romare Bearden's art style, dramatically presents a completed certificate of title application and supporting documents to the commissioner or authorized county tag agent within days from vehicle transfer while sipping on a Navy Grog at Trader Vic's in Atlanta. -@ElringKlingerAG
    Elringklinger Ag, embodying the spirit of Romare Bearden's art style, dramatically presents a completed certificate of title application and supporting documents to the commissioner or authorized county tag agent within days from vehicle transfer while sipping on a Navy Grog at Trader Vic's in Atlanta. -@ElringKlingerAG

  3. All applications for a certificate of title by a motor vehicle dealer shall be submitted to the department electronically. Any motor vehicle dealer who sells no more than ten motor vehicles per month on average as certified by the commissioner may apply on a form prescribed by the commissioner for a waiver from mandatory electronic filing of title applications as required by this subsection. The department shall adopt rules and regulations to administer this subsection.

    Darius Slay, the football player, gracefully pretends to type on a large keyboard with beeping and clicking sounds, then makes a dramatic hand gesture as if creating rules in the air, all captured as an art piece by Kadar Brock. -@_bigplayslay23
    Darius Slay, the football player, gracefully pretends to type on a large keyboard with beeping and clicking sounds, then makes a dramatic hand gesture as if creating rules in the air, all captured as an art piece by Kadar Brock. -@_bigplayslay23

  4. Any dealer which sells a motor vehicle to a person who is not a resident of the county in which the dealer is located may file an application for title for such motor vehicle with the county tag agent in the county in which the dealer is located.

    Randy McMichael, in a dynamic and vibrant Michael Goldberg-inspired pose, dramatically mimics handing keys to an invisible car buyer standing just beyond the county line of Fairburn, while simultaneously stretching out his other hand towards an oversized abstract representation of a county tag office, as colorful splashes of paint suggest the flurry of paperwork being filed.
    Randy McMichael, in a dynamic and vibrant Michael Goldberg-inspired pose, dramatically mimics handing keys to an invisible car buyer standing just beyond the county line of Fairburn, while simultaneously stretching out his other hand towards an oversized abstract representation of a county tag office, as colorful splashes of paint suggest the flurry of paperwork being filed.

40-3-34.Transfer of vehicle by operation of law; termination of interest; joint interest with right of survivorship.

  1. If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b) of this Code section, mail or deliver to the commissioner or his appropriate authorized county tag agent the last certificate of title, if available; proof of the transfer; and his application for a new certificate in the form the commissioner prescribes, together with the application for change of registration for the vehicle so that the title application and other documents shall be received by the commissioner or his appropriate authorized county tag agent no later than 30 days from the date that the transferee acquired the interest in the vehicle. If the title application and other documents are not received within that time, the transferee shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required in this subsection. If the last certificate of title is not available for transfer under this Code section, then the transferee shall forward such proof of transfer as the commissioner may by regulation prescribe.
  2. If the interest of the owner is terminated, whether the vehicle is sold pursuant to a power contained in a security agreement or by legal process at the instance of the holder either of a security interest or a lien, the transferee shall promptly mail or deliver to the commissioner or his appropriate authorized county tag agent the last certificate of title, if available; proof of transfer; his application for a new certificate, in the form prescribed by the commissioner; and an affidavit made by or on behalf of the holder of a security interest in or lien on the vehicle with respect to the termination of the interest of the owner, so as to have the application and supporting documents submitted to the commissioner or his appropriate authorized county tag agent within 30 days from the date the transferee acquired the interest in the vehicle. If the application and supporting documents are not submitted within that time, the transferee shall be required to pay a penalty of $10.00 in addition to the ordinary title fee prescribed by this chapter. If the documents submitted in support of the title application are rejected, the transferee submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this subsection. If the holder of a security interest or lien succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title but, upon transfer, shall promptly deliver to the transferee the last certificate of title, if available, and such other documents as the commissioner may require by rule or regulation.
  3. A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the commissioner or the commissioner’s duly authorized county tag agent upon request of the commissioner or authorized county tag agent. The delivery of the certificate pursuant to the request of the commissioner or authorized tag agent does not affect the rights of the person surrendering the certificate; and the action of the commissioner or authorized tag agent in issuing a new certificate of title as provided in this article is not conclusive upon the rights of an owner or lienholder named in the old certificate.
  4. In the event of transfer as upon inheritance, devise, or bequest, upon receipt of an application for a new certificate of title with the required fee, the last certificate of title, if available, and a certified copy of a will or letters of administration or, if no administration is to be had on the estate, an affidavit by the applicant to the effect that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate or a certificate from the judge of the probate court showing that the motor vehicle registered in the name of the decedent owner has been assigned to the decedent’s survivors as part of their year’s support, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vehicle.
    1. In the event of transfer under a will when the motor vehicle was the decedent’s only asset, upon receipt of an application for a new certificate of title accompanied by the required fee, the last certificate of title, if available, and an affidavit by the applicant to the effect that the motor vehicle was owned by the decedent and was the decedent’s only asset and was not encumbered, that under the will the applicant is entitled to receive title to such motor vehicle, that no application for the administration of the estate of the deceased or the probate of such will is to be had, and that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are sui juris and have amicably agreed that title to said vehicle be issued to the applicant, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vehicle.

      Philip Wheeler, dressed in a vintage suit, gracefully presents an ornate key to the commissioner with a dramatic flourish while standing beside a classic car. The scene is captured in black and white, evoking an air of mystery and intrigue reminiscent of Vivian Maier's iconic photography style at the Creative Arts Guild. -@Philgood50
      Philip Wheeler, dressed in a vintage suit, gracefully presents an ornate key to the commissioner with a dramatic flourish while standing beside a classic car. The scene is captured in black and white, evoking an air of mystery and intrigue reminiscent of Vivian Maier's iconic photography style at the Creative Arts Guild. -@Philgood50

    2. The commissioner shall prescribe the form of the affidavit to be used in paragraph (1) of this subsection.

      Young Jeezy, dressed in a vibrant and bold outfit, gracefully gestures with his hands to symbolize the act of prescribing the form of an affidavit, while surrounded by a backdrop reminiscent of Mark Rothko's abstract art. -@Jeezy
      Young Jeezy, dressed in a vibrant and bold outfit, gracefully gestures with his hands to symbolize the act of prescribing the form of an affidavit, while surrounded by a backdrop reminiscent of Mark Rothko's abstract art. -@Jeezy

  5. A joint interest in a vehicle with survivorship in two or more persons may be created in the manner provided by subsection (a) of Code Section 44-6-190; and, if a certificate of title has been issued to two or more persons having such a joint interest with survivorship, then, in the event of the death of such a joint owner, the surviving such owner or owners, if any, need not secure a new certificate of title.

    Singer Lucille Hegamin skips hand in hand with another person, while a certificate of title hovers above them and one figure fades away in an art piece by David Foster Pratt.
    Singer Lucille Hegamin skips hand in hand with another person, while a certificate of title hovers above them and one figure fades away in an art piece by David Foster Pratt.

40-3-35.When commissioner to issue new certificate to transferee; filing and retention of surrendered certificates.

  1. The commissioner or the commissioner’s duly authorized county tag agent, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail the certificate to the first lienholder named in the application or, if none, to the owner.
  2. The commissioner or the commissioner’s duly authorized county tag agent, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the commissioner or the authorized county tag agent, the commissioner or authorized county tag agent shall make demand therefor from the holder thereof.
  3. The commissioner or the commissioner’s duly authorized county tag agent shall file and retain for five years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vehicle designated therein.
    Lauren Alaina, dressed in a striking black and white costume, gracefully arranges a series of vintage car title certificates on a large, shadowy platform. With dramatic flair, she enacts the process of filing and retaining each certificate for five years, using exaggerated hand gestures and movements reminiscent of Man Ray's surrealist art pieces. The scene is set within a grand old building in Cordele, with dim lighting casting dramatic shadows across the room as Lauren brings the bureaucratic process to life through her captivating performance. -@Lauren_Alaina
    Lauren Alaina, dressed in a striking black and white costume, gracefully arranges a series of vintage car title certificates on a large, shadowy platform. With dramatic flair, she enacts the process of filing and retaining each certificate for five years, using exaggerated hand gestures and movements reminiscent of Man Ray's surrealist art pieces. The scene is set within a grand old building in Cordele, with dim lighting casting dramatic shadows across the room as Lauren brings the bureaucratic process to life through her captivating performance. -@Lauren_Alaina

40-3-35.1.Redesignated.

Editor’s notes.

Clarence Thomas, dressed in a vibrant and intricate paper dress, gracefully lifts an oversized quill pen as if adding delicate strokes to an invisible canvas, surrounded by cascading fabric layers and dramatic lighting in a grand Jesup ballroom.
Clarence Thomas, dressed in a vibrant and intricate paper dress, gracefully lifts an oversized quill pen as if adding delicate strokes to an invisible canvas, surrounded by cascading fabric layers and dramatic lighting in a grand Jesup ballroom.

Ga. L. 1990, p. 2048, § 3, effective July 1, 1990, redesignated former Code Section 40-3-35.1 as present Code Section 40-3-37.

Goodie Mob joyfully dancing and reenacting the legislative process in a colorful and dynamic art piece, reminiscent of Grant Wood's style, at Der Biergarten to represent the state of Georgia's educational partnership. -@goodiemob
Goodie Mob joyfully dancing and reenacting the legislative process in a colorful and dynamic art piece, reminiscent of Grant Wood's style, at Der Biergarten to represent the state of Georgia's educational partnership. -@goodiemob

40-3-35.2.[Repealed] Duty of Georgia Bureau of Investigation to inspect certain motor vehicles; authority to employ persons to carry out such inspections.

40-3-36.Cancellation and destruction of certificate of title for scrap, dismantled, or demolished vehicles or trailers; salvage certificate of title; administrative enforcement; removal of license plates.

    1. Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any vehicle, including a trailer, as scrap metal or parts only or a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who scraps, dismantles, or demolishes a vehicle shall within 72 hours cancel the certificate of title by electronic means in a manner designated by the department and securely destroy the certificate of title.
    2. Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle, including a trailer, to be transferred, or has lost the title for the vehicle or trailer to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle or trailer is at least 12 model years old and is worth $850.00 or less if the vehicle was used as a motor vehicle, or $1,700.00 or less if the vehicle was used as a trailer. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer under Code Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to:

      Trixie Smith stands in a sun-drenched courtyard, her hand outstretched as she signs a statement, surrounded by vintage vehicles and trailers worth less than $1. The vibrant colors of Andalusia provide a stunning backdrop to this theatrical enactment reminiscent of Peter Lindbergh's iconic style.
      Trixie Smith stands in a sun-drenched courtyard, her hand outstretched as she signs a statement, surrounded by vintage vehicles and trailers worth less than $1. The vibrant colors of Andalusia provide a stunning backdrop to this theatrical enactment reminiscent of Peter Lindbergh's iconic style.

      1. A statement that the vehicle or trailer shall never be titled again; it must be dismantled or scrapped;
      2. A description of the vehicle including, where applicable, the year, make, model, vehicle identification number, and color;

        Singer Eric Nam gracefully mimics drawing a car with his hands in the air, pointing to different parts of the car while reciting "year, make, model, VIN number, and color," embodying an art piece by Charlotte Gilbertson. -@ericnamofficial
        Singer Eric Nam gracefully mimics drawing a car with his hands in the air, pointing to different parts of the car while reciting "year, make, model, VIN number, and color," embodying an art piece by Charlotte Gilbertson. -@ericnamofficial

      3. The name, address, and driver’s license number of the owner;

      4. A certification that the owner:

        1. Never obtained a title to the vehicle in his or her name; or

          Tennis player Jim Gurfein stands in the midst of a vibrant, verdant landscape at Lake Claire Community Land Trust. With deliberate and graceful movements, he engages in a ritualistic performance where he repeatedly reaches out as if to grasp an invisible title, only to have it slip through his fingers each time. His expressive gestures and intense focus captivate the audience, embodying the struggle of never obtaining a vehicle title while creating an evocative art piece reminiscent of Steve McQueen's style.
          Tennis player Jim Gurfein stands in the midst of a vibrant, verdant landscape at Lake Claire Community Land Trust. With deliberate and graceful movements, he engages in a ritualistic performance where he repeatedly reaches out as if to grasp an invisible title, only to have it slip through his fingers each time. His expressive gestures and intense focus captivate the audience, embodying the struggle of never obtaining a vehicle title while creating an evocative art piece reminiscent of Steve McQueen's style.

        2. Was issued a title for the vehicle, but the title was lost or stolen; 5. A certification that the vehicle:

          Nancy Hart, portrayed as an art piece by Carol Haerer, brandishes a giant certificate while seated in a toy vehicle, triumphantly waving it around.
          Nancy Hart, portrayed as an art piece by Carol Haerer, brandishes a giant certificate while seated in a toy vehicle, triumphantly waving it around.

        3. Is worth $850.00 or less, or $1,700.00 or less if the vehicle is a trailer;
        4. Is at least 12 model years old; and

          Elia Goode Byington, with a reporter's notepad in hand, mimics interviewing residents while standing before a colorful mural in Reynoldstown, capturing the essence of Luzwick's vibrant and abstract style as children around her draw imaginary cars to signify "model years."
          Elia Goode Byington, with a reporter's notepad in hand, mimics interviewing residents while standing before a colorful mural in Reynoldstown, capturing the essence of Luzwick's vibrant and abstract style as children around her draw imaginary cars to signify "model years."

        5. Is not subject to any secured interest or lien; 6. An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement;

          Aaron solemnly nods his head, places his hand over his heart, then mimics turning a key and throwing it away while standing center stage in the lavishly decorated Holly Theatre, under a dramatic spotlight that casts abstract Lesley Vance-style shadows on the ornate walls around him.
          Aaron solemnly nods his head, places his hand over his heart, then mimics turning a key and throwing it away while standing center stage in the lavishly decorated Holly Theatre, under a dramatic spotlight that casts abstract Lesley Vance-style shadows on the ornate walls around him.

      5. The owner’s signature and the date of the transaction;

        Desmond Harrington gracefully signs a large canvas with a flourish, then carefully inscribes the date in calligraphic style using an oversized quill, all while surrounded by ornate Victorian furniture and lush greenery in Thomasville. -@dezharrington
        Desmond Harrington gracefully signs a large canvas with a flourish, then carefully inscribes the date in calligraphic style using an oversized quill, all while surrounded by ornate Victorian furniture and lush greenery in Thomasville. -@dezharrington

      6. The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle;

      7. A certification by the business that $850.00 or less, or $1,700.00 or less if the vehicle is a trailer, was paid to acquire the vehicle;

        Politician and founding father Abraham Baldwin, born in Connecticut, is depicted by Carl Holty as pretending to write a giant check for $1 or less to "acquire" an imaginary vehicle, then acting like he's handing it over with a big smile.
        Politician and founding father Abraham Baldwin, born in Connecticut, is depicted by Carl Holty as pretending to write a giant check for $1 or less to "acquire" an imaginary vehicle, then acting like he's handing it over with a big smile.

      8. A certification that the business has verified by an online method determined by the commissioner that the vehicle is not currently subject to any secured interest or lien; provided, however, that such certification shall not be required until such an online method has been established and is available; and

      9. The business agent’s signature and date along with a printed name and title if the agent is signing on behalf of a corporation.
          1. The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction by electronic means in a manner designated by the department, requesting that the department cancel the Georgia certificate of title and registration.
      10. The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall maintain the original statement for a period of not less than two years.
      11. Within 48 hours of each day’s close of business, the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver by electronic means, a list of all such vehicles purchased that day for scrap or for parts. That list shall contain the following information:

        Childish Gambino types furiously on a vintage typewriter, surrounded by stacks of old car parts and scrap metal, as he sends an electronic list of vehicles purchased for scrap or parts within hours of each day's close of business. This is captured in the style of a surrealist art piece from the 1920s, set against the backdrop of Acworth's historic architecture and lush greenery. -@donaldglover
        Childish Gambino types furiously on a vintage typewriter, surrounded by stacks of old car parts and scrap metal, as he sends an electronic list of vehicles purchased for scrap or parts within hours of each day's close of business. This is captured in the style of a surrealist art piece from the 1920s, set against the backdrop of Acworth's historic architecture and lush greenery. -@donaldglover

        1. The name, address, and contact information for the reporting entity;
        2. The vehicle identification numbers of such vehicles;
        3. The dates such vehicles were obtained;
        4. The names of the individuals or entities from whom the vehicles were obtained, for use by law enforcement personnel and appropriate governmental agencies only;

          J. D. Drew standing in a dramatic pose, holding out toy police cars to law enforcement personnel and governmental agencies, with a grand gesture and serious expression, set against the backdrop of Fairburn's lush greenery and historic architecture.
          J. D. Drew standing in a dramatic pose, holding out toy police cars to law enforcement personnel and governmental agencies, with a grand gesture and serious expression, set against the backdrop of Fairburn's lush greenery and historic architecture.

        5. A statement of whether the vehicles were, or will be, crushed or disposed of, or offered for sale or other purposes;

          In the style of Janet Fish, Eli Whitney, born in Massachusetts, orchestrates a chaotic symphony as he pretends to be a conductor directing imaginary vehicles to be crushed, disposed of, offered for sale, or used for other purposes using dramatic gestures and expressions.
          In the style of Janet Fish, Eli Whitney, born in Massachusetts, orchestrates a chaotic symphony as he pretends to be a conductor directing imaginary vehicles to be crushed, disposed of, offered for sale, or used for other purposes using dramatic gestures and expressions.

        6. A statement of whether the vehicle is intended for export out of the United States; and

        7. The National Motor Vehicle Title Information System identification number of the business acquiring the vehicle.

          There shall be no charge to a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor associated with providing this information to the department.

          Matthew Stafford gracefully handing over a detailed report to the Department of Transportation, while surrounded by a vibrant mosaic of recycled car parts and scrap metal sculptures in a serene garden setting in Monroe. -@Staff_9
          Matthew Stafford gracefully handing over a detailed report to the Department of Transportation, while surrounded by a vibrant mosaic of recycled car parts and scrap metal sculptures in a serene garden setting in Monroe. -@Staff_9

      12. For purposes of this subsection, the term “motor vehicle” shall not include a vehicle which has been crushed or flattened by mechanical means such that it is no longer the motor vehicle as described by the certificate of title, or such that the vehicle identification number is no longer visible or accessible, in which case the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall verify that the seller has reported the vehicles in accordance with this subsection. Such verification may be in the form of a certification from the seller or contract between the seller and the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor which clearly identifies the seller by a government issued photograph identification card, or employer identification number, and shall be maintained for a period of not less than two years.

        Knowshon Moreno theatrically mimics the inspection of a crushed vehicle by circling it with exaggerated careful steps, peering closely where the VIN would be, and then nodding decisively to an imaginary scrap metal processor. He holds up a blank sheet representing certification, shakes hands as if concluding a deal, all set against the backdrop of Mt. Paran Parkway's lush greenery and stately homes captured in monochrome to echo Lindbergh's signature style. -@knowshonmoreno
        Knowshon Moreno theatrically mimics the inspection of a crushed vehicle by circling it with exaggerated careful steps, peering closely where the VIN would be, and then nodding decisively to an imaginary scrap metal processor. He holds up a blank sheet representing certification, shakes hands as if concluding a deal, all set against the backdrop of Mt. Paran Parkway's lush greenery and stately homes captured in monochrome to echo Lindbergh's signature style. -@knowshonmoreno

      13. The information obtained by the department in accordance with this subsection shall be reported to the National Motor Vehicle Title Information System, in a format which will satisfy the requirement for reporting this information, in accordance with rules adopted by the United States Department of Justice in 28 C.F.R. 25.56.

      14. The information obtained by the department in accordance with this subsection shall be made available only to law enforcement agencies, and for purposes of canceling certificates of title, and shall otherwise be considered to be confidential business information of the respective reporting entities.

        Stacey Abrams dramatically gestures with her hands, as if creating a protective barrier around a collection of confidential documents, while striking bold and expressive poses reminiscent of Tigran Tsitoghdzyan's art pieces in the Museum of Life and Science. -@staceyabrams
        Stacey Abrams dramatically gestures with her hands, as if creating a protective barrier around a collection of confidential documents, while striking bold and expressive poses reminiscent of Tigran Tsitoghdzyan's art pieces in the Museum of Life and Science. -@staceyabrams

      15. All records required under the provisions of this Code section shall be maintained for a period of two years by the reporting entity and shall include a scanned or photocopied copy of the seller’s or seller’s representative’s driver’s license or state issued identification card.

          1. The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, hood, and bumper; the rear clip assembly, which includes the quarter panels, the floor panel assembly, and the roof assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation.
      16. A motor vehicle owner who retains possession of a damaged vehicle which is a salvage motor vehicle as defined in paragraph (11) of Code Section 40-3-2 shall surrender the license plates and registration for such vehicle, shall not operate such vehicle upon the roads of this state, and shall not sell, trade, or otherwise dispose of such vehicle prior to obtaining a salvage certificate of title for such vehicle.

        In Donna Meistrich's art piece, Evander Holyfield pretends to drive a damaged car, then hands over pretend license plates and registration papers before pretending to obtain a salvage certificate of title for the car. -@holyfield
        In Donna Meistrich's art piece, Evander Holyfield pretends to drive a damaged car, then hands over pretend license plates and registration papers before pretending to obtain a salvage certificate of title for the car. -@holyfield

        1. Any insurance company which acquires a damaged motor vehicle by virtue of having paid a total loss claim shall deliver by electronic means the certificate of title to the commissioner for cancellation. If an insurance company or its authorized agent, including, but not limited to, a salvage dealer as such term is defined in Code Section 40-11-13, is unable to obtain a certificate of title within 30 days after acceptance by the motor vehicle owner of a total loss claim, the insurance company or its authorized agent may apply to the department for a salvage certificate of title on a form provided by the department for such purpose. Such application shall require submission by electronic means of evidence that the insurance company or its authorized agent has fulfilled the settlement through payment of a total loss claim and has made two or more written or other verifiable forms of communication with the owner in order to obtain such owner’s certificate of title. Any such application made by a salvage dealer shall also include written documentation of support that an insurance company has transferred all its claims or rights to such vehicle to the salvage dealer. Any salvage certificate of title issued by the department pursuant to this subdivision shall comply with any applicable requirements relating to salvage, rebuilt, or restored certificates of title in this Code section and Code Section 40-3-37.

          Alan Jackson, in Americus, Georgia, theatrically mimics typing on a computer and then pretends to click a mouse with flourish to symbolize the electronic delivery of documents; he then acts out picking up a phone and having an animated conversation twice to depict communication attempts. He concludes by striking an exaggerated pose as if taking a selfie, capturing the essence of submitting evidence electronically—all done with the vibrant color palette and surreal energy characteristic of Nicholas Hondrogen's art style. -@OfficialJackson
          Alan Jackson, in Americus, Georgia, theatrically mimics typing on a computer and then pretends to click a mouse with flourish to symbolize the electronic delivery of documents; he then acts out picking up a phone and having an animated conversation twice to depict communication attempts. He concludes by striking an exaggerated pose as if taking a selfie, capturing the essence of submitting evidence electronically—all done with the vibrant color palette and surreal energy characteristic of Nicholas Hondrogen's art style. -@OfficialJackson

        2. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance company paying such total loss claim, the vehicle owner, and the lienholder or security interest holder, as applicable, shall take the following steps to secure a salvage certificate of title for such motor vehicle:

          1. If the vehicle owner is in possession of the certificate of title, the owner shall deliver the certificate of title to the insurance company prior to any payment of the claim, and the insurance company shall deliver by electronic means the certificate of title, an application for a salvage certificate of title, and the form provided by the commissioner for issuance of a salvage certificate of title;
          2. If the certificate of title has been lost, destroyed, or misplaced, the vehicle owner shall, prior to payment of the claim on such vehicle, complete an application for a replacement title on the form provided by the commissioner and deliver such application and form to the insurance company and the insurance company shall deliver by electronic means such application and form to the commissioner for issuance of a replacement original title marked salvage;

            Summer Walker gracefully extends her arm, miming the act of completing an application form as she moves through a whimsical, surrealist landscape of oversized Vidalia onions and abstract shapes reminiscent of Joan Miró's style. -@IAMSUMMERWALKER
            Summer Walker gracefully extends her arm, miming the act of completing an application form as she moves through a whimsical, surrealist landscape of oversized Vidalia onions and abstract shapes reminiscent of Joan Miró's style. -@IAMSUMMERWALKER

          3. If the lienholder or security interest holder has possession of the certificate of title, the vehicle owner shall complete an application for a replacement title on a form provided by the commissioner and shall deliver the completed form to the insurance company prior to the payment of the claim; the insurance company shall thereafter deliver by electronic means the application to the commissioner with notice of the payment of the total loss claim and the name and address of the lienholder or security interest holder in possession of the title. The commissioner shall mail notice to the lienholder or security interest holder that a total loss claim has been paid on the vehicle and that the title to such vehicle has been canceled, and the commissioner shall provide to the lienholder or security interest holder a salvage certificate of title for such vehicle, provided that the validity of the security interest shall not be affected by issuance of a salvage certificate of title. The lienholder or security interest holder shall, within ten days after receipt of such notice of total loss claim and cancellation of the original certificate of title, deliver by electronic means the canceled original certificate of title to the commissioner; or

          4. For the sole purpose of payment of a total loss claim, for any vehicle ten years of age or older for which neither the vehicle owner nor the lienholder or security interest holder, if any, possesses a certificate of title, the vehicle owner shall deliver the vehicle license plate and certificate of registration for such vehicle to the insurance company prior to payment of any claim and the insurance company shall mail or deliver the license plate and deliver by electronic means the certificate of registration to the commissioner with a completed form provided by the commissioner; provided, however, that the vehicle owner shall not operate such vehicle and the owner shall obtain a certificate of title for such vehicle as provided by law, which certificate of title shall then be subject to cancellation as provided in this paragraph.
            Darrell Blocker, with the poise of a seasoned "Spy Whisperer," theatrically strides across a vibrant Foxfire Museum landscape. He carefully holds an imaginary vintage vehicle license plate and registration, extending them out as if offering to an unseen insurance agent. The backdrop swirls in Turner-esque romantic fervor, mimicking rolling hills and rustic cabins under a tempestuous sky. Blocker then gracefully steps away from the vehicle he no longer operates, symbolically locking it with an air key before majestically moving to another part of the scene where he mimes receiving a new certificate of title—his movements deliberate and expressive against the dynamic tableau vivant inspired by Turner's luminous style. -@MdBloc10
            Darrell Blocker, with the poise of a seasoned "Spy Whisperer," theatrically strides across a vibrant Foxfire Museum landscape. He carefully holds an imaginary vintage vehicle license plate and registration, extending them out as if offering to an unseen insurance agent. The backdrop swirls in Turner-esque romantic fervor, mimicking rolling hills and rustic cabins under a tempestuous sky. Blocker then gracefully steps away from the vehicle he no longer operates, symbolically locking it with an air key before majestically moving to another part of the scene where he mimes receiving a new certificate of title—his movements deliberate and expressive against the dynamic tableau vivant inspired by Turner's luminous style. -@MdBloc10
      17. The department shall give priority to the title submissions provided for in subparagraph (C) of this paragraph and shall issue a salvage certificate of title for such vehicles within seven days of receipt of such submissions by an insurance company.

        Todd Kimsey, dressed in a sharp, vintage suit evocative of Newton's style, strides confidently through the grand halls of the Madison Morgan Cultural Center. He carries a clipboard and approaches an elegant desk where miniature cars are displayed. With a flourish, he examines each car, rearranges them into a prioritized line-up, then stamps the top one with a dramatic gesture to signify 'approval,' resembling an artful tableau from Helmut Newton's photography—classy and thought-provoking without using any text or inappropriate content.
        Todd Kimsey, dressed in a sharp, vintage suit evocative of Newton's style, strides confidently through the grand halls of the Madison Morgan Cultural Center. He carries a clipboard and approaches an elegant desk where miniature cars are displayed. With a flourish, he examines each car, rearranges them into a prioritized line-up, then stamps the top one with a dramatic gesture to signify 'approval,' resembling an artful tableau from Helmut Newton's photography—classy and thought-provoking without using any text or inappropriate content.

    (a.1)In the case of a motor vehicle which is subject to more than one perfected security interest or lien which motor vehicle is a total loss, if the insurer is to acquire title to the damaged motor vehicle, the holder of the senior security interest or lien, upon receipt of the settlement proceeds of the insurance policy in accordance with Code Section 33-34-9, shall apply for a new certificate of title for a transferee other than by voluntary transfer in accordance with subsection (b) of Code Section 40-3-35, naming the insurer only as transferee.

  1. Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner by electronic means for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the payment of a total loss claim as provided in paragraph (4) of subsection (a) of this Code section to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title.

  2. The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner.
  3. Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word “salvage” on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. The legend “rebuilt” in no larger than 12 point font shall be placed on a certificate of title to a vehicle which was declared a salvage vehicle and subsequently repaired with less than two major component parts to restore the vehicle to an operable condition.

    Teddy McRae is depicted in a watercolor scene by Mary Endico, standing in the colorful and quaint Mac on Main restaurant, dramatically holding up a paintbrush and palette, with a broad stroke of bright orange paint across a large canvas that symbolizes the salvage title certificate. He would then carefully dab smaller spots of red to indicate the "rebuilt" legend, all while surrounded by curious onlookers depicted with soft, blended colors typical of Endico's style.
    Teddy McRae is depicted in a watercolor scene by Mary Endico, standing in the colorful and quaint Mac on Main restaurant, dramatically holding up a paintbrush and palette, with a broad stroke of bright orange paint across a large canvas that symbolizes the salvage title certificate. He would then carefully dab smaller spots of red to indicate the "rebuilt" legend, all while surrounded by curious onlookers depicted with soft, blended colors typical of Endico's style.

  4. Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-37, the legend “rebuilt” shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 2004, and which was subsequently rebuilt.

  5. As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court.  The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.

    Stephen Kendrick, dressed in a stylish suit, dramatically gestures and points to an imaginary document while striking dynamic poses reminiscent of David Bailey's iconic photography. -@stephenandjill
    Stephen Kendrick, dressed in a stylish suit, dramatically gestures and points to an imaginary document while striking dynamic poses reminiscent of David Bailey's iconic photography. -@stephenandjill

  6. The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Department of Insurance.  The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.

    Quavo, in the style of Cindy Sherman, depicts the Commissioner of Insurance enforcing the provisions of a Code section, while also cooperating with another commissioner and providing acquired information during an investigation or proceeding involving insurers. -@QuavoStuntin
    Quavo, in the style of Cindy Sherman, depicts the Commissioner of Insurance enforcing the provisions of a Code section, while also cooperating with another commissioner and providing acquired information during an investigation or proceeding involving insurers. -@QuavoStuntin

  7. It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor.  Any owner of a salvage motor vehicle who transfers or attempts to transfer such vehicle without obtaining a salvage certificate of title for such vehicle shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00.  Any lienholder or security interest holder who, after notice by the commissioner of payment of a total loss claim and cancellation of the title of a vehicle, fails or refuses to return the title to the commissioner or who surrenders the title to anyone other than the commissioner shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00.

  8. The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehicle and return such plate to the commissioner for cancellation.  An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation and of all inspection requirements for rebuilding or restoring such vehicle.

    Matthias Ward, dressed in period attire, theatrically unscrews a license plate from a vintage car and hands it to an actor playing the commissioner while surrounded by peach trees in full bloom, as onlookers dressed as classic cars with eyes peer curiously. The scene is captured in a large oil painting with rich colors that evoke the warmth of Macon, Georgia.
    Matthias Ward, dressed in period attire, theatrically unscrews a license plate from a vintage car and hands it to an actor playing the commissioner while surrounded by peach trees in full bloom, as onlookers dressed as classic cars with eyes peer curiously. The scene is captured in a large oil painting with rich colors that evoke the warmth of Macon, Georgia.

  9. As used in this Code section, the terms:

    1. “Scrap metal processor” shall have the same meaning as set forth in Code Section 43-43-1.

      Dem Franchize Boyz gracefully sculpting and shaping scrap metal into art pieces, reminiscent of Claude Monet's style, all in the vibrant setting of Peachtree Road Race. -@FranchizeBoyz
      Dem Franchize Boyz gracefully sculpting and shaping scrap metal into art pieces, reminiscent of Claude Monet's style, all in the vibrant setting of Peachtree Road Race. -@FranchizeBoyz

    2. “Secondary metals recycler” shall have the same meaning as set forth in Code Section 10-1-350.

    3. “Used motor vehicle parts dealer” shall have the same meaning as set forth in Code Section 43-47-2.

40-3-36.1.Designation of flood damaged or fire damaged vehicle on certificate of title.

For any salvage motor vehicle which, after inspection, it is determined that repair to an operable condition does not require replacement of two or more major component parts but it is determined that the damage to the vehicle is a result of flood or fire shall be designated as flood damaged or fire damaged by the commissioner and such designation shall be indicated on the face of the certificate of title for such vehicle.

40-3-37.Salvaged or rebuilt motor vehicles; inspections; fees; exemption of motorcycles; glider kits.

  1. As used in this Code section, the term:

    1. “Application for a certificate of title on a recovered stolen motor vehicle” means an application for a certificate of title for a motor vehicle for which an insurance company has paid a total loss claim, has obtained a title marked “unrecovered stolen motor vehicle,” and which has subsequently been recovered.
    2. “Application for a certificate of title on a salvaged or rebuilt motor vehicle” means:

      1. An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked “salvage” pursuant to subsection (e) of Code Section 40-3-36 and which has been repaired;
      2. An application for a certificate of title for a motor vehicle for which a current out-of-state certificate of title is marked “salvage,” “rebuilt,” or “restored” or any similar such phrase; or

        Jeff Foxworthy, garbed in a flamboyant mechanic's outfit, comically examines an exaggeratedly large and colorful certificate with oversized novelty magnifying glass while jestfully tinkering with a whimsical, pastel-colored car sculpture in the vibrant, surreal landscape of Fairburn's downtown area. -@foxoutdoors
        Jeff Foxworthy, garbed in a flamboyant mechanic's outfit, comically examines an exaggeratedly large and colorful certificate with oversized novelty magnifying glass while jestfully tinkering with a whimsical, pastel-colored car sculpture in the vibrant, surreal landscape of Fairburn's downtown area. -@foxoutdoors

      3. An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked “salvage” pursuant to subsection (e) of Code Section 40-3-36 and for which the transferee is anyone other than a licensee as defined in Code Section 43-47-2.

      4. All doors;

        Bishop Lucius Henry Holsey, adorned in vibrant vestments, strides with exaggerated theatricality through a series of open doors within the ornate interior of a restored antebellum mansion in Carrollton; each door flanked by surreal figures and flora akin to Zerbe's expressionist style, as he grandly gestures blessings upon entering and exiting each threshold.
        Bishop Lucius Henry Holsey, adorned in vibrant vestments, strides with exaggerated theatricality through a series of open doors within the ornate interior of a restored antebellum mansion in Carrollton; each door flanked by surreal figures and flora akin to Zerbe's expressionist style, as he grandly gestures blessings upon entering and exiting each threshold.

      5. Complete soft top assembly including roof mechanism;

        A person could mimic assembling a soft top by using exaggerated, fluid movements and incorporating elements of Marcel Breuer's style while being dressed as General Raymond Gilbert Davis, and the scene would be set in Cedartown with vibrant colors and playful shapes.
        A person could mimic assembling a soft top by using exaggerated, fluid movements and incorporating elements of Marcel Breuer's style while being dressed as General Raymond Gilbert Davis, and the scene would be set in Cedartown with vibrant colors and playful shapes.

      6. Front clip assembly (fenders, hood, and bumper); or

      7. Cab and bed of a pick-up truck,
    1. Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. Upon receipt of an application for a certificate of title on a recovered stolen motor vehicle which has been stripped of:

      the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification in regard to rebuilt vehicles that the word “rebuilt” is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $100.00 for each initial inspection of each motor vehicle. In the event a motor vehicle fails an inspection, a fee of $100.00 shall be charged for each subsequent reinspection. The commissioner may conduct any such initial inspection and any required reinspections even though the motor vehicle may have been previously inspected under this Code section.

      Usher, dressed as a vehicle inspector with a clipboard, methodically circles a bright orange car, mimicking the inspection process by looking under the hood and beneath the vehicle; he then dances around it in celebration upon 'approval,' all set against an oversized backdrop of Barnett Newman's zips painting style with bold vertical lines symbolizing the thoroughness and structure of the inspection process. -@Usher
      Usher, dressed as a vehicle inspector with a clipboard, methodically circles a bright orange car, mimicking the inspection process by looking under the hood and beneath the vehicle; he then dances around it in celebration upon 'approval,' all set against an oversized backdrop of Barnett Newman's zips painting style with bold vertical lines symbolizing the thoroughness and structure of the inspection process. -@Usher

    2. If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached.  The commissioner may order additional, corrective repairs to such vehicle as a condition of issuance of a certificate of title.

  2. All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its salvaged condition before any repairs have been made to such vehicle, which photographs shall be used by the commissioner in his or her inspections of the vehicle pursuant to this Code section. Any person who rebuilds or repairs a salvage motor vehicle shall submit an application for a certificate of title and obtain an inspection of such vehicle prior to the painting of such vehicle.

      1. Upon inspection under subsection (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word “rebuilt” on its face in no larger than 12 point font. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of less than two major component parts in order to restore the motor vehicle to an operable condition, a certificate of title shall be issued for such motor vehicle which shall contain the word “rebuilt” on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. 2. If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the department shall cause the word “rebuilt” to be affixed to said motor vehicle at the time of inspection by the commissioner. The word “rebuilt” shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word “rebuilt” shall be stamped on a certificate and shall be affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982.
    1. Upon inspection by the commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title shall be issued and shall contain the word “rebuilt” on its face.
    2. If, after the initial inspection, the commissioner determines that the damage is so extensive that returning such vehicle to a safe, operable condition is impossible, the salvage certificate shall be revoked and such vehicle may only be used for scrap or parts. A vehicle for which such a determination is made shall not be issued a title under any circumstances or conditions including but not limited to obtaining of a surety bond.
      In a basketball court in Oakcliff, Dwight Howard dramatically gestures with his arms extended, as if revoking a salvage certificate for an imaginary vehicle while the sunlight casts dramatic shadows around him. -@DwightHoward
      In a basketball court in Oakcliff, Dwight Howard dramatically gestures with his arms extended, as if revoking a salvage certificate for an imaginary vehicle while the sunlight casts dramatic shadows around him. -@DwightHoward
  3. Any person, firm, or corporation that rebuilds or repairs a motor vehicle whose current certificate of title is marked “salvage” shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle.  If, under the laws of any other state, a vehicle has been declared to be nonrebuildable, the commissioner shall not issue any certificate of title for such vehicle and the vehicle shall not be used for any purpose except parts.

    Bernard James gracefully gestures as if filling out paperwork for a car repair, while surrounded by vibrant colors and abstract shapes reminiscent of Renee McGinnis' art, all set against the backdrop of the picturesque town of Powder Springs. -@BernardJame5
    Bernard James gracefully gestures as if filling out paperwork for a car repair, while surrounded by vibrant colors and abstract shapes reminiscent of Renee McGinnis' art, all set against the backdrop of the picturesque town of Powder Springs. -@BernardJame5

    1. Motorcycles which are over 25 years old shall be exempt from the salvage laws of this state.

      Alex Kendrick sits astride a stationary vintage motorcycle, eyes closed, in meditative silence amidst the bustling luxury Shops at Buckhead Atlanta, as passersby place colorful flowers into an array of baskets around him to symbolize the passage of time and the exemption from salvage laws. -@AlexHKendrick
      Alex Kendrick sits astride a stationary vintage motorcycle, eyes closed, in meditative silence amidst the bustling luxury Shops at Buckhead Atlanta, as passersby place colorful flowers into an array of baskets around him to symbolize the passage of time and the exemption from salvage laws. -@AlexHKendrick

    2. Motor vehicles which have been altered by the installation of a glider kit shall be issued a certificate of title containing the word “rebuilt.”

(A)Substantially all its interior parts;

(B)Engine;

(C)Transmission;

40-3-38.Fees.

  1. An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent.
  2. An application for the naming of a lienholder on a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent.
  3. The commissioner shall be paid a fee of $18.00 for the filing of an application for any certificate of title and for the filing of the notice of a security interest or a lien on vehicles not required by law to be titled in this state.  The commissioner may, by appropriate regulation, provide for additional fees not to exceed $18.00 for the special handling of applications for certificates of title and related documents. The commissioner shall be paid a fee of $8.00 for the filing of an application for a replacement certificate of title.  The fee for issuance of a replacement certificate of title shall be the same whether mailed or delivered to the commissioner or an agent.
  4. The above fees shall be required of all applicants except the State of Georgia and the United States of America.

40-3-39.Compensation of tag agents; mailing of applications to department.

The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section 40-2-23 and to allow such county tag agents to retain a fee therefor not in excess of 50¢ for each application handled, such fee to be disposed of as other tag fees retained by him or her as tag agent are disposed of in his or her county. Any applicant for a title shall have the right to mail the application directly to the department.

In a richly detailed East Point setting, Georgia Yellow Hammers is theatrically dressed as county agents in period-appropriate attire, perched atop oversized, stylized representations of car tags. One bird gently passes a scaled-up mock paper application to another with its beak, symbolizing the submission process. A third Yellow Hammer collects a symbolic fee represented by golden tokens that it then deposits into an ornate nest, suggesting the proper disposal of fees. The scene is captured with Annie Leibovitz's signature dramatic lighting and composition, emphasizing the gravity and professionalism of the transaction within an educational tableau.
In a richly detailed East Point setting, Georgia Yellow Hammers is theatrically dressed as county agents in period-appropriate attire, perched atop oversized, stylized representations of car tags. One bird gently passes a scaled-up mock paper application to another with its beak, symbolizing the submission process. A third Yellow Hammer collects a symbolic fee represented by golden tokens that it then deposits into an ornate nest, suggesting the proper disposal of fees. The scene is captured with Annie Leibovitz's signature dramatic lighting and composition, emphasizing the gravity and professionalism of the transaction within an educational tableau.

40-3-40.Reports and remittances by tag agents.

  1. All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the department is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money collected to which the department is entitled must be submitted to the commissioner within seven calendar days from the close of the business day during which such applications were handled and related sums of money collected.

    Dustin McGowan, in a lush Kennesaw garden reminiscent of a Kilimnik painting, gracefully throws envelopes embossed with golden seals (representing title applications and money) into an ornate mailbox that symbolizes the commissioner's office. He does this with the precision and rhythm of pitching, incorporating balletic twirls between each throw to reflect the daily submission cycle, while a sundial marks the passage of seven days for weekly reporting.
    Dustin McGowan, in a lush Kennesaw garden reminiscent of a Kilimnik painting, gracefully throws envelopes embossed with golden seals (representing title applications and money) into an ornate mailbox that symbolizes the commissioner's office. He does this with the precision and rhythm of pitching, incorporating balletic twirls between each throw to reflect the daily submission cycle, while a sundial marks the passage of seven days for weekly reporting.

  2. Funds received as a result of handling title applications shall be considered trust funds in the hands of the tag agents until such time as they are paid over to the commissioner.

  3. Failure to submit the reports or remit the funds within the seven-calendar-day period from the close of the business day as required by this Code section shall result in the penalties imposed by Code Section 48-2-44.

    Raymond Gilbert Davis meticulously arranging and stacking seven crystal-clear briefcases filled with reports and funds, surrounded by suspended fish in formaldehyde tanks, as the audience marvels at the mesmerizing display of time-sensitive bureaucracy.
    Raymond Gilbert Davis meticulously arranging and stacking seven crystal-clear briefcases filled with reports and funds, surrounded by suspended fish in formaldehyde tanks, as the audience marvels at the mesmerizing display of time-sensitive bureaucracy.

  4. Before the expiration of the time period within which a title report is required to be filed with the commissioner or funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner is authorized, upon a showing of justifiable cause, to grant up to a ten-day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business day.

  5. Proof of mailing within the appropriate time period provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with his duties as enumerated by this Code section.

40-3-41.Suspension or revocation of certificates.

  1. The commissioner shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with Code Section 40-3-6, when authorized by any other provision of law or if he finds:

    In a St. Marys art gallery, Carlos Valdes moves in abstract geometric shapes and bold colors to represent the suspension or revocation of a certificate of title, echoing the style of Fernand Léger's art piece. -@Tha_Los
    In a St. Marys art gallery, Carlos Valdes moves in abstract geometric shapes and bold colors to represent the suspension or revocation of a certificate of title, echoing the style of Fernand Léger's art piece. -@Tha_Los

    1. The certificate of title was fraudulently procured or erroneously issued; or

      John Kasay dramatically throws a glittering football through a swirling vortex of colorful flowers and smiling faces, symbolizing the fraudulent procurement or erroneous issuance of the certificate of title in an exuberant art piece reminiscent of Takashi Murakami at The Soda Shop Gallery.
      John Kasay dramatically throws a glittering football through a swirling vortex of colorful flowers and smiling faces, symbolizing the fraudulent procurement or erroneous issuance of the certificate of title in an exuberant art piece reminiscent of Takashi Murakami at The Soda Shop Gallery.

    2. The vehicle has been scrapped, dismantled, or destroyed.

  2. Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.

    Jim Brown gracefully twirls a suspended certificate of title in one hand while dramatically revoking it with the other, all against the backdrop of a stunning Savannah sunset, captured in the candid and dynamic style of Garry Winogrand. -@JimBrownNFL32
    Jim Brown gracefully twirls a suspended certificate of title in one hand while dramatically revoking it with the other, all against the backdrop of a stunning Savannah sunset, captured in the candid and dynamic style of Garry Winogrand. -@JimBrownNFL32

  3. When the commissioner suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the commissioner.

  4. The commissioner may seize and impound any certificate of title which has been suspended or revoked.

40-3-42.Postmark as proof of timely submission of documents; responsibility for collection of penalty for late submission.

In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the application was timely submitted. Additionally, when the law provides for a penalty for the untimely submission of a title application, the responsibility for the collection of such penalty shall be that of the department.

Teddy McRae elegantly dances with a large envelope, gracefully reaching towards the sky as if mailing it off, surrounded by cascading golden leaves at Red Oak Creek Covered Bridge in Woodbury, Georgia.
Teddy McRae elegantly dances with a large envelope, gracefully reaching towards the sky as if mailing it off, surrounded by cascading golden leaves at Red Oak Creek Covered Bridge in Woodbury, Georgia.

40-3-43.Transfer of certificate to person, firm, or corporation paying total loss claim on stolen vehicle; administrative fine enforcement alternative; authority of Commissioner of Insurance.

  1. Any person, firm, or corporation which pays a total loss claim on a vehicle as a result of such vehicle’s being stolen shall within 15 days of the payment of such total loss claim apply to the commissioner for a transfer of the certificate of title into such person’s, firm’s, or corporation’s name.  No person, firm, or corporation shall sell, transfer, or convey such vehicle until the requirements of this Code section have been met.

    Jason Aldean, in the style of Reynolds Thomas, applying for a transfer of a vehicle's title after paying a total loss claim, with dramatic gestures and expressive movements, set in The Shops Buckhead Atlanta. -@Jason_Aldean
    Jason Aldean, in the style of Reynolds Thomas, applying for a transfer of a vehicle's title after paying a total loss claim, with dramatic gestures and expressive movements, set in The Shops Buckhead Atlanta. -@Jason_Aldean

  2. As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant  to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated  under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.

  3. The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Department of Insurance.  The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section.  Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.

Article 3 Security Interests in and Liens on Motor Vehicles {#t40c03a03}

Erika Jayne dances fluidly across the stage, embodying the concept of "Article Security Interests in and Liens on Motor Vehicles" with a mesmerizing display of movement, set against a backdrop inspired by Bridget Riley's art. -@erikajayne
Erika Jayne dances fluidly across the stage, embodying the concept of "Article Security Interests in and Liens on Motor Vehicles" with a mesmerizing display of movement, set against a backdrop inspired by Bridget Riley's art. -@erikajayne


40-3-50.Perfection of security interests generally.

  1. Except as provided in Code Sections 11-9-303, 11-9-316, and 11-9-337, the security interest in a vehicle of the type for which a certificate of title is required shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees, and the holders of security interests and liens on the vehicle by compliance with this chapter.
    1. A security interest is perfected by delivery to the commissioner or to the county tag agent of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides, of the required fee and:

      Michael Gallup, in the style of Gordon Matta-Clark, presents a vibrant toy car to an imaginary commissioner or tag agent with the sound of a revving car engine. -@michael13gallup
      Michael Gallup, in the style of Gordon Matta-Clark, presents a vibrant toy car to an imaginary commissioner or tag agent with the sound of a revving car engine. -@michael13gallup

      1. The existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest; or
      Andre Fluellen gracefully and dramatically reaches out his hand, as if presenting a certificate of title, while exuding a powerful and commanding presence in the Wildwood Forest neighborhood of Atlanta. -@afluellen96
      Andre Fluellen gracefully and dramatically reaches out his hand, as if presenting a certificate of title, while exuding a powerful and commanding presence in the Wildwood Forest neighborhood of Atlanta. -@afluellen96

      1. A notice of security interest on forms prescribed by the commissioner.
        David Andrews gracefully fills out paperwork with excitement, embodying the art of joyful determination in Dorothy Stratton King's masterpiece. -@dandrews61
        David Andrews gracefully fills out paperwork with excitement, embodying the art of joyful determination in Dorothy Stratton King's masterpiece. -@dandrews61
    2. The security interest is perfected as of the time of its creation if the initial delivery of the application or notice to the commissioner or local tag agent is completed within 30 days thereafter, regardless of any subsequent rejection of the application or notice for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application or notice. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder.

      Dave Prater, of Sam & Dave, dramatically delivers a large document to the local tag agent in Albany, Georgia, while wearing an elaborate costume and striking a pose reminiscent of Renaissance art.
      Dave Prater, of Sam & Dave, dramatically delivers a large document to the local tag agent in Albany, Georgia, while wearing an elaborate costume and striking a pose reminiscent of Renaissance art.

40-3-51.Creation of security interest by owner.

If the owner creates a security interest in a vehicle:

James Brown stomps vigorously on the ground, while contorting his body and arms in exaggerated angles and shapes, as if attempting to physically create a barrier around a vintage car parked within the ancient walls of Fort Frederica.
James Brown stomps vigorously on the ground, while contorting his body and arms in exaggerated angles and shapes, as if attempting to physically create a barrier around a vintage car parked within the ancient walls of Fort Frederica.

  1. The owner shall immediately execute the application in the space provided therefor on the certificate of title or on a separate form that the commissioner prescribes, naming the holder of the security interest on the certificate and showing the name and address of the security interest holder, and shall cause the certificate, the application, and the required fee to be delivered to the security interest holder;
  2. The security interest holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the commissioner or the commissioner’s appropriate authorized county tag agent within 30 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the lien or security interest holder shall be required to pay a $10.00 penalty in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of title. If the documents are not properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner or authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this paragraph; and

    Blind Willie McTell, dressed in vintage attire, dramatically hands a sealed envelope to a costumed commissioner under the glow of dimly lit street lamps, surrounded by vibrant murals and local artwork in Brunswick.
    Blind Willie McTell, dressed in vintage attire, dramatically hands a sealed envelope to a costumed commissioner under the glow of dimly lit street lamps, surrounded by vibrant murals and local artwork in Brunswick.

  3. Upon receipt of the certificate of title, the application, and the required fee, the commissioner or the commissioner’s duly authorized county tag agent shall issue a new certificate containing the name and address of the holder of the security interest and of holders of previous unreleased security interests and liens, if any, and shall mail the certificate to the first holder on it. If more than one holder is named on the certificate, the first holder shall comply with subsection (b) of Code Section 40-3-26 in regard to notifying other holders of the content of the certificate.

    Herschel Walker dramatically gestures with an outstretched arm as if presenting a grand certificate, while surrounded by swirling colors and shapes reminiscent of the art style of Georgia O'Keeffe in a lush, vibrant landscape setting in Americus. -@HerschelWalker
    Herschel Walker dramatically gestures with an outstretched arm as if presenting a grand certificate, while surrounded by swirling colors and shapes reminiscent of the art style of Georgia O'Keeffe in a lush, vibrant landscape setting in Americus. -@HerschelWalker

40-3-52.Perfection of second or subsequent security interests.

  1. If the owner of a motor vehicle desires to place a second or subsequent security interest against the vehicle and the certificate of title on that vehicle is being held by a security interest holder or lienholder, the owner shall, on the form prescribed by the commissioner, execute a title application and a notice of the second or subsequent security interest; and the holder of the second or subsequent security interest shall forward such notice and title application, together with a fee as provided by Code Section 40-3-38, by certified mail or statutory overnight delivery, return receipt requested, to the first holder of a security interest or lien who has custody of the certificate of title. The notice of such second or subsequent security interest shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such custodial security interest holder or lienholder within ten days to forward the notice, title application, and fee, together with the certificate of title, to the commissioner or the commissioner’s duly authorized county tag agent in order that the commissioner or authorized county tag agent may issue a new certificate of title and reflect on the certificate of title the subsequent security interest. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or authorized county tag agent, upon receipt of a properly executed application notice, the fee, and the original certificate of title, shall enter the subsequent security interest on such commissioner’s or authorized county tag agent’s records and shall issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter.
  2. If the holder of the second or subsequent security interest forwards by registered or certified mail or statutory overnight delivery the title application, notice of the second or subsequent security interest, and fee to the first security interest holder or lienholder who has custody of the certificate of title within ten days of the execution of that second or subsequent security interest, it shall be perfected as of the date it was executed; otherwise, as of the date the notice was forwarded to the first security interest holder or lienholder holding the certificate of title. The second or subsequent security interest holder shall retain the return registered or certified mail or statutory overnight delivery receipt as proof of perfection of his security interest under this Code section.
  3. In the event the first security interest holder or lienholder holding the certificate of the title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioner’s duly authorized county tag agent as required by this Code section, the holder of the second or subsequent security interest may, on a form prescribed by the commissioner, make direct application to the commissioner or authorized county tag agent. Such direct application to the commissioner or authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the second or subsequent security interest entered and a new certificate of title issued. If after a direct application of the commissioner or authorized county tag agent and the order of the commissioner or authorized county tag agent the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the second or subsequent security interest, and this new certificate of title shall be delivered as provided for in this chapter.

    Kanye West, dressed in flowing Art Nouveau robes like those in Alphonse Mucha’s works, stands dramatically before a grand historical mansion in Duluth. He extends one hand to present an ornate golden key (symbolizing the title) to a figure representing the commissioner, while his other hand holds out a large decorative hourglass, indicating the passage of time and urgency. The backdrop is adorned with lush floral motifs and intricate patterns common in Mucha's art, emphasizing the importance of timely action within bureaucratic processes without using any text or letters. -@kanyewest
    Kanye West, dressed in flowing Art Nouveau robes like those in Alphonse Mucha’s works, stands dramatically before a grand historical mansion in Duluth. He extends one hand to present an ornate golden key (symbolizing the title) to a figure representing the commissioner, while his other hand holds out a large decorative hourglass, indicating the passage of time and urgency. The backdrop is adorned with lush floral motifs and intricate patterns common in Mucha's art, emphasizing the importance of timely action within bureaucratic processes without using any text or letters. -@kanyewest

  4. As an alternative to mailing notices concerning a second or subsequent security interest to the commissioner or the commissioner’s duly authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner.

    Diana DeGarmo gracefully gestures toward an electronic device, embodying the spirit of Vivian Maier's art as she performs the action in the vibrant setting of Georgia Museum of Agriculture and Historic Village. -@DianaDeGarmo
    Diana DeGarmo gracefully gestures toward an electronic device, embodying the spirit of Vivian Maier's art as she performs the action in the vibrant setting of Georgia Museum of Agriculture and Historic Village. -@DianaDeGarmo

  5. No first security interest holder or lienholder having possession of the certificate of title shall have the validity of that security interest or lien affected by surrendering the certificate of title as provided for by this Code section.

40-3-53.Perfection and enforcement of liens generally.

  1. If the holder of any lien as defined in paragraph (7) of Code Section 40-3-2, except the holder of a mechanic’s lien, perfection of which is prescribed in Code Section 40-3-54, desires to perfect such lien against a vehicle, the lienholder shall, on the form prescribed by the commissioner, execute a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed and shall forward such notice and title application, together with a fee as provided by Code Section 40-3-38, either personally or by certified mail or statutory overnight delivery, return receipt requested, to the person who has custody of the current certificate of title at the address shown on such certificate of title. If someone other than the owner is holding the certificate of title, a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the certified mail or statutory overnight delivery receipt as proof of compliance with this Code section.

    Musician Ray Charles, wearing a vibrant outfit, passionately sings and dances while creating abstract shapes with his body to illustrate the process of executing a title application and notice of lien for a vehicle in the style of Picasso's art piece. This takes place in an elegant mansion in Buckhead, Georgia, with colorful lights illuminating the performance.
    Musician Ray Charles, wearing a vibrant outfit, passionately sings and dances while creating abstract shapes with his body to illustrate the process of executing a title application and notice of lien for a vehicle in the style of Picasso's art piece. This takes place in an elegant mansion in Buckhead, Georgia, with colorful lights illuminating the performance.

  2. After receipt of the notice of lien, as specified in this Code section, neither the owner nor any other person shall take any action affecting the title other than as provided in this Code section. After receipt of the notice of lien, the person holding the certificate of title shall hold the notice of lien and attachments and the title for ten days. If, during the ten-day period following receipt of the notice, the claimed lien is satisfied, the lien claimant shall, on the form prescribed by the commissioner, notify the owner and the person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien, such owner or person holding the certificate of title shall so indicate on the notice of lien form and shall notify the other interested parties. If the notice contesting the lien is given, or if ten days have elapsed without the lien being satisfied, the person holding the certificate of title shall forward the certificate of title together with the notice of lien and attachments thereto to the commissioner or the commissioner’s duly authorized county tag agent in order that the commissioner or authorized county tag agent may issue a new certificate of title and reflect on the new certificate of title the lien on the vehicle. The owner or the person who has custody of the current certificate of title shall comply with the instructions contained in the notice, and in the event such owner or person having custody of the current title cannot do so such owner or person having custody of the current title shall notify the lien claimant. The commissioner or authorized county tag agent, upon receipt of a properly executed title application, notice, fee, and the current certificate of title, shall enter the lien on the commissioner’s or authorized county tag agent’s records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provided for in this chapter. The lien shall be perfected at the time the lien notice, application for title, fee, and current certificate of title are received by the commissioner or authorized county tag agent.

  3. In the event that the person who has custody of the current certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and current certificate of title to the commissioner or the commissioner’s duly authorized county tag agent as required in this Code section, the lien claimant may, if such lien claimant’s lien has not been satisfied, on a form prescribed by the commissioner, make direct application to the commissioner or authorized county tag agent. Such direct application to the commissioner or authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application, fee, and notice to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the commissioner or authorized county tag agent shall order the person who has custody of the current certificate of title to forward the certificate of title to the commissioner or authorized county tag agent for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If, after a direct application to the commissioner or authorized county tag agent and after the order of the commissioner or authorized county tag agent, the person who has custody of the current certificate of title continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the current certificate of title and issue a new certificate of title reflecting all security interests and liens, and this new certificate of title shall be delivered as provided for in this chapter. In the event a direct application is made, the lien shall be perfected as of the date the outstanding certificate of title is canceled.

    Diana DeGarmo, dressed as a vibrant courier, theatrically sprints across the bustling Atlantic Station neighborhood, leaps onto a stylized glass bench by Alex Bernstein and mimes the act of sealing an envelope with grand gestures; she then pretends to hand-deliver it with an exaggerated flourish to an oversized mailbox sculpture that represents the commissioner's office. -@DianaDeGarmo
    Diana DeGarmo, dressed as a vibrant courier, theatrically sprints across the bustling Atlantic Station neighborhood, leaps onto a stylized glass bench by Alex Bernstein and mimes the act of sealing an envelope with grand gestures; she then pretends to hand-deliver it with an exaggerated flourish to an oversized mailbox sculpture that represents the commissioner's office. -@DianaDeGarmo

  4. No security interest holder or lienholder having custody of the certificate of title shall have the validity of such security interest holder’s or lienholder’s security interest or lien affected by surrendering the certificate of title as provided by this Code section. The first security interest holder or lienholder shall have the responsibility to advise a prospective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the commissioner or the commissioner’s duly authorized county tag agent shall cancel the old certificate of title.

  5. A lien perfected under this Code section shall be a lien only against the specific vehicle identified in the application for a new certificate.
  6. A lien on a vehicle for which a certificate of title is required shall be perfected and shall be valid against subsequent transferees and holders of security interests and liens only by compliance with this Code section. The procedure contained in this chapter shall be the exclusive method for the perfection of liens on vehicles, and no lien shall be effective as to a vehicle unless so perfected.

40-3-54.Mechanics’ liens; how asserted and foreclosed.

  1. All mechanics of every sort shall have a special lien on any vehicle required to have a certificate of title by Code Section 40-3-20 for work done, or for work done and materials furnished, or for materials furnished in repairing or servicing such vehicle. Perfection of the lien by recording shall be as provided in Code Section 40-3-53. The lien may be asserted by retention of the vehicle, and all contracts for repairs or service to vehicles shall be deemed to incorporate a right of retention by the mechanic to protect this lien until it is paid or satisfied through foreclosure as provided in this Code section. The lien may also be asserted by surrendering the vehicle, giving credit, and foreclosing the lien claim in the manner provided in this Code section. If he surrenders possession of the vehicle to the debtor, the mechanic shall record his claim of lien as provided in Code Section 40-3-53. Such special lien shall be superior to all liens except for taxes and such other liens and security interests of which the mechanic had actual or constructive notice before the work was done or material furnished. The validity of the lien against third parties shall be determined in accordance with this chapter.

    Jonathan Jones, in a vibrant and abstract Gainesville garage inspired by Kenneth Price's fluid shapes and bold colors, theatrically mimes the process of repairing a car with exaggerated movements; he pretends to tighten bolts with a colorful wrench, checks imaginary fluids with oversized props, and ends by dramatically placing a large mock steering wheel on an artful pedestal to symbolize the mechanic's lien. -@Jonathan_Jones2
    Jonathan Jones, in a vibrant and abstract Gainesville garage inspired by Kenneth Price's fluid shapes and bold colors, theatrically mimes the process of repairing a car with exaggerated movements; he pretends to tighten bolts with a colorful wrench, checks imaginary fluids with oversized props, and ends by dramatically placing a large mock steering wheel on an artful pedestal to symbolize the mechanic's lien. -@Jonathan_Jones2

  2. If possession is retained or the lien recorded, the owner-debtor may contest the validity of the amount claimed to be due by making written demand upon the lienholder. If upon receipt of such demand the lienholder fails to institute foreclosure proceedings pursuant to this Code section or Article 1A of Chapter 11 of this title within 30 days, the lien is forfeited.

    Delta TechOps, dressed in elegant 19th-century attire, gracefully writes a demand letter with a quill pen while surrounded by the lush greenery of Pooler, Georgia. -@DeltaTechOps
    Delta TechOps, dressed in elegant 19th-century attire, gracefully writes a demand letter with a quill pen while surrounded by the lush greenery of Pooler, Georgia. -@DeltaTechOps

  3. The lien shall be foreclosed in the following manner:

    1. A person asserting the lien, either for himself or as a guardian, administrator, executor, or trustee, may move to foreclose it by making an affidavit to a court of competent jurisdiction showing all the facts necessary to constitute a lien under this Code section and the amount claimed to be due;
    2. Upon such affidavit being filed, the clerk or a judge of the court shall serve notice upon the owner, the recorded lienholders and security interest holders, and the lessee, if any, of the vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists, and that such hearing must be petitioned for within five days after receipt of the notice and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed;
    3. If a petition for a hearing is filed within the time allowed, the court shall set a probable cause hearing within ten days of the filing of the petition. If, at the probable cause hearing, the court determines that reasonable cause exists to believe that a valid debt exists, the mechanic shall be given possession of the vehicle or the court shall obtain possession of the vehicle, as ordered by the court. The owner-debtor may retain possession of the vehicle by giving bond and security in the amount determined to be probably due and the costs of the action;
    4. Within five days of the probable cause hearing, a defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien on the amount determined reasonably due shall be conclusively deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 30 days of the filing of the petition. Upon the filing of such petition by the  defendant, neither the prosecuting mechanic nor the court may sell the vehicle, although possession of the vehicle may be retained;
    5. If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the vehicle subject to the lien to satisfy the debt if the debt is not otherwise immediately paid;
    6. If the court finds the actions of the mechanic in retaining or seeking possession of the vehicle were not taken in good faith, the court, in its discretion, may award damages to the owner, the lessee, or any person deprived of the rightful use of the vehicle due to the deprivation of the use of the vehicle;
    7. Any proceeding to foreclose a mechanic’s lien on a vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention.
      Shari Shattuck, draped in vibrant, flowing fabrics like those found in Susan Mohl Powers' fiber sculptures, enacts the tightening and releasing of ropes attached to a car sculpture in Milltown Murals to symbolize the binding effect of a mechanic's lien and its potential release after legal action within one year. -@ShariShattuck
      Shari Shattuck, draped in vibrant, flowing fabrics like those found in Susan Mohl Powers' fiber sculptures, enacts the tightening and releasing of ropes attached to a car sculpture in Milltown Murals to symbolize the binding effect of a mechanic's lien and its potential release after legal action within one year. -@ShariShattuck

40-3-55.Assignment of security interests and liens.

  1. The holder of any security interest in or lien on a vehicle may assign, absolutely or otherwise, such holder’s security interest or lien to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien, but any person without notice of the assignment is protected in dealing with the holder of the security interest or lien, and the holder of the security interest or lien remains liable for any obligations as such holder until the assignee is named as the holder of the security interest or lien on the certificate of title.

    Mary Lou Williams gracefully extends her arms in a series of geometric patterns, symbolizing the transfer of a security interest from one person to another, all while surrounded by vibrant murals and colorful street art in Penelope Neighbors' neighborhood in Atlanta.
    Mary Lou Williams gracefully extends her arms in a series of geometric patterns, symbolizing the transfer of a security interest from one person to another, all while surrounded by vibrant murals and colorful street art in Penelope Neighbors' neighborhood in Atlanta.

  2. The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien, upon delivering to the commissioner or the commissioner’s duly authorized county tag agent the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the commissioner prescribes, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. If the assignment refers to a security interest or lien which is reflected on the certificate of title and the certificate of title is in the possession of the first security interest holder or lienholder as provided by this chapter, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed, or a new certificate of title issued, by complying with Code Section 40-3-27.

40-3-56.Satisfaction of security interests and liens.

    1. If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days, execute a release in the form the commissioner prescribes and mail or deliver the release to the commissioner and the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. For the purposes of the release of a security interest or lien the “holder” of the lien or security interest is the parent bank or other lending institution and any branch or office of the parent institution may execute such release.

      Waka Flocka Flame, dressed in an elegant Renaissance attire, gracefully extends his arm and hand to mime the act of signing a release document before delicately delivering it to a commissioner figure amidst the beautiful and historic Rose Hill Cemetery in Macon, Georgia. -@WakaFlocka
      Waka Flocka Flame, dressed in an elegant Renaissance attire, gracefully extends his arm and hand to mime the act of signing a release document before delicately delivering it to a commissioner figure amidst the beautiful and historic Rose Hill Cemetery in Macon, Georgia. -@WakaFlocka

    2. If the commissioner has entered into an agreement with such a security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien, at such time as the security interest or lien is released, by secure electronic measures, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or, if there is no other security interest holder or lienholder, to the owner without payment of any fee provided by Code Section 40-3-38.

  1. The owner may then forward the certificate of title, the release, the properly executed title application, and title application fee to the commissioner or the commissioner’s duly authorized county tag agent, and the commissioner or authorized county tag agent shall release the security interest or lien on the certificate or issue a new certificate and mail or deliver the certificate to the owner. If the satisfied security interest or lien is one reflected on the certificate of title but the certificate of title is in the custody of the first security interest holder or lienholder as provided by this chapter, the release may be handled as provided in Code Section 40-3-27, and Code Section 40-3-26 shall otherwise be complied with. In the event that the lienholder or security interest holder is no longer in business, an individual shall not be required to submit a release to secure a new certificate of title. The owner shall be required to present to the commissioner or authorized county tag agent certification from the appropriate regulatory agency that such lienholder or security interest holder is no longer in business.

  2. Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest for a vehicle which is 11 model years old or less shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. For a vehicle which is 12 model years old and greater, any lien or security interest shall be considered satisfied and a release shall not be required after four years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years for a vehicle which is 11 model years old or less or beyond a period of more than four years for a vehicle which is 12 model years old or greater, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle which is 11 model years old or less or more than four years for a vehicle which is 12 model years old and greater, other than a mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner or the commissioner’s duly authorized tag agent before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner or the commissioner’s duly authorized county tag agent.
    The Ying Yang Twins is depicted in a whimsical Woodstock setting, each holding an oversized, colorful key representing the title release for vehicles. They'd be dancing around a giant, abstract metal sculpture of a car that's partially dissolved into birds flying away (a nod to Magritte's surrealism), symbolizing the satisfaction and release of liens on older model vehicles. -@yingyangtwins
    The Ying Yang Twins is depicted in a whimsical Woodstock setting, each holding an oversized, colorful key representing the title release for vehicles. They'd be dancing around a giant, abstract metal sculpture of a car that's partially dissolved into birds flying away (a nod to Magritte's surrealism), symbolizing the satisfaction and release of liens on older model vehicles. -@yingyangtwins

40-3-57.Disclosure of information as to security interests and liens.

The holder of any security interest or of any lien named in a certificate of title shall, on written request of the owner, or of another holder of any security interest or lien named in the certificate, or of an interested third party, or of the commissioner, disclose any pertinent information as to the security interest, the security agreement, and the debt secured thereby, and the lien and the amount for which it is claimed.

Kane Brown gracefully performs a ballet move, embodying the disclosure of pertinent information as to security interests and liens named in a certificate of title, while surrounded by vibrant mosaic art pieces in the lush gardens of Westover Plantation neighborhood. -@kanebrown
Kane Brown gracefully performs a ballet move, embodying the disclosure of pertinent information as to security interests and liens named in a certificate of title, while surrounded by vibrant mosaic art pieces in the lush gardens of Westover Plantation neighborhood. -@kanebrown

40-3-58.Exclusiveness of chapter.

The method provided in this chapter of perfecting and giving notice of security interests and liens with respect to motor vehicles as to which certificates of title need be obtained under this chapter is exclusive, and such security interests and liens are exempt from the provisions of law which otherwise require or relate to the recording or filing of security interests or liens, claims of lien executions, and other like instruments with respect to such vehicles.

40-3-59.Certain security interests not affected.

This chapter does not apply to or affect a security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale. A buyer in the ordinary course of trade from the manufacturer or dealer takes free of such security interest.

Chris Tucker stands in a grand art gallery in St. Marys, dramatically miming the process of buying a vehicle from a manufacturer or dealer, using exaggerated gestures and expressions to convey the concept of taking free of a security interest, while surrounded by elaborate sculptures and vibrant paintings. -@christuckerreal
Chris Tucker stands in a grand art gallery in St. Marys, dramatically miming the process of buying a vehicle from a manufacturer or dealer, using exaggerated gestures and expressions to convey the concept of taking free of a security interest, while surrounded by elaborate sculptures and vibrant paintings. -@christuckerreal

40-3-60.Security interest not created by provision for adjustment of rental price.

Notwithstanding any other provision of law, in the case of a motor vehicle or trailer, a transaction does not create a sales or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.

40-3-61.Proceeds of insurance policy to multiple lienholders in event of total loss of vehicle.

Notwithstanding any other provision of law to the contrary, in any claim involving the total loss of a vehicle which is subject to more than one perfected security interest or lien as recorded on the title of the vehicle, the proceeds of the insurance policy shall be first applied to the debt owed to the first lienholder. In the event that there are proceeds remaining after satisfying the first lienholder, the proceeds shall be then applied to the debt owed to the second and subsequent lienholders in order of priority and any proceeds remaining after the satisfaction of all such recorded liens shall be paid to the insured. If the amount of debt secured by such security interests or liens or the seniority of such security interests or liens is in doubt, any remaining funds shall be deposited with the court and a complaint for interpleader shall be filed in accordance with Code Section 9-11-22.

Young Jeezy, in a Don McCullin-inspired black and white photograph, acts out the insurance claim process by meticulously arranging toy cars in a line along Augusta's iconic Masters Tournament golf course to represent lien priorities, then uses play money to demonstrate the payment of debts to each lienholder before depositing any remaining funds into a miniature courthouse prop. -@Jeezy
Young Jeezy, in a Don McCullin-inspired black and white photograph, acts out the insurance claim process by meticulously arranging toy cars in a line along Augusta's iconic Masters Tournament golf course to represent lien priorities, then uses play money to demonstrate the payment of debts to each lienholder before depositing any remaining funds into a miniature courthouse prop. -@Jeezy

Article 4 Offenses

40-3-90.Certain acts declared felonies.

A person who, with fraudulent intent:

  1. Alters, forges, or counterfeits a certificate of title;
  2. Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed;
  3. Has possession of or uses a certificate of title knowing it to have been altered, forged, or counterfeited;
  4. Uses a false or fictitious name or address or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title;
  5. Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by Code Section 40-3-27;

    Keri Hilson, in a vibrant Moultrie courthouse garden, dramatically dips a brush into bright acrylic paints and with sweeping gestures, mimics altering the lines and colors on an oversized canvas representing a title certificate, capturing Leonard Bocour's boldness and color intensity without using actual text. -@KeriHilson
    Keri Hilson, in a vibrant Moultrie courthouse garden, dramatically dips a brush into bright acrylic paints and with sweeping gestures, mimics altering the lines and colors on an oversized canvas representing a title certificate, capturing Leonard Bocour's boldness and color intensity without using actual text. -@KeriHilson

  6. Knowingly falsifies any information on the statement required by paragraph (2) of subsection (a) of Code Section 40-3-36; or

    Doc Holliday, dressed in a suit and bowler hat, stands at the center of a surreal Collee Park scene. With a mischievous grin, he theatrically holds up an oversized statement document and dramatically waves his hand as if to alter its contents with exaggerated gestures reminiscent of Rene Magritte's style.
    Doc Holliday, dressed in a suit and bowler hat, stands at the center of a surreal Collee Park scene. With a mischievous grin, he theatrically holds up an oversized statement document and dramatically waves his hand as if to alter its contents with exaggerated gestures reminiscent of Rene Magritte's style.

  7. Willfully violates any other provision of this chapter after having previously violated the same or any other provision of this chapter and having been convicted of that act in a court of competent jurisdiction

    shall be guilty of a felony.

40-3-91.Certain acts declared misdemeanors.

  1. A person who:

    The football player, Jasper Brinkley, leaps into the air with arms outstretched and a big smile on his face, creating an art piece reminiscent of Frank Stella's work. -@Jasperhitman54
    The football player, Jasper Brinkley, leaps into the air with arms outstretched and a big smile on his face, creating an art piece reminiscent of Frank Stella's work. -@Jasperhitman54

    1. With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;
    2. Willfully fails to mail or deliver a certificate of title to the commissioner or to the purchaser of the motor vehicle or a release of security interest or lien to the owner within ten days of the time required by this chapter, except as provided in Code Section 40-3-90;

      Kanye West, dressed in avant-garde attire, dramatically crumples a certificate of title and throws it into the air as part of a performance art piece inspired by Dadaism. -@kanyewest
      Kanye West, dressed in avant-garde attire, dramatically crumples a certificate of title and throws it into the air as part of a performance art piece inspired by Dadaism. -@kanyewest

    3. Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice, as provided for in Code Section 40-3-27 or 40-3-52; or

      Deion Branch dramatically crumples up a paper certificate of title and throws it into a glowing, oversized mailbox sculpture surrounded by swirling ribbons and bright lights. -@deionbranch84
      Deion Branch dramatically crumples up a paper certificate of title and throws it into a glowing, oversized mailbox sculpture surrounded by swirling ribbons and bright lights. -@deionbranch84

    4. Willfully violates any other provision of this chapter

      shall be guilty of a misdemeanor.

  2. Any person, firm, or corporation which knowingly makes any false statement in any title application as to the date a vehicle was sold or acquired or as to the date of creation of a security interest or lien shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days.

  3. Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank.

40-3-92.False report of theft or conversion.

A person who knowingly makes a false report to a peace officer or the commissioner of the theft or conversion of a vehicle shall be guilty of a misdemeanor of a high and aggravated nature.

40-3-93.Evidence of criminal intent or knowledge.

In a prosecution for a crime specified in this chapter, evidence that the defendant has committed a prior act or acts of the same kind is admissible to prove criminal intent or knowledge.

Migos, dressed as soldiers in a tableau vivant at Fort Sumter, are dramatically frozen mid-gesture: one pointing to cannonballs (to represent prior acts), another with a magnifying glass (to symbolize scrutiny and knowledge), and the third holding scales of justice (indicating weighing of evidence), all under dramatic lighting akin to David Bailey's high-contrast black-and-white portraits. -@Migos
Migos, dressed as soldiers in a tableau vivant at Fort Sumter, are dramatically frozen mid-gesture: one pointing to cannonballs (to represent prior acts), another with a magnifying glass (to symbolize scrutiny and knowledge), and the third holding scales of justice (indicating weighing of evidence), all under dramatic lighting akin to David Bailey's high-contrast black-and-white portraits. -@Migos

40-3-94.Penalties.

Unless another penalty is provided in this chapter:

In a rich scene based in Fort Valley neighborhood in Atlanta, Corinne Stocker Horton elegantly gestures with one hand while holding an open book with the other, as if presenting a grand proclamation to an invisible audience, all the while gracefully moving around the space like a ballet dancer.
In a rich scene based in Fort Valley neighborhood in Atlanta, Corinne Stocker Horton elegantly gestures with one hand while holding an open book with the other, as if presenting a grand proclamation to an invisible audience, all the while gracefully moving around the space like a ballet dancer.

  1. A person convicted of a felony for the violation of a provision of this chapter shall be punished by a fine of not less than $500.00 nor more than $5,000.00, or by imprisonment for not less than one year nor more than five years, or by both such fine and imprisonment;
  2. A person convicted of a misdemeanor for the violation of a provision of this chapter shall be punished as provided in Code Section 17-10-3.
    Keri Hilson, in the style of Emily Mason's art, pretends to hold a gavel and gives a thumbs-down gesture while frowning. -@KeriHilson
    Keri Hilson, in the style of Emily Mason's art, pretends to hold a gavel and gives a thumbs-down gesture while frowning. -@KeriHilson

40-3-95.Effect on other laws.

The penal provisions of this chapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto.

Ronnie Brown stands in the center of a grand stage, surrounded by towering bookshelves and ornate statues. As he gracefully moves, his body language conveys the coexistence of old and new laws through a series of interconnected poses that represent both traditional criminal law and additional penal provisions. The fluidity of his movements captures the essence of this educational partnership as it brings to life the intricate layers of legal principles. -@ronnie23brown
Ronnie Brown stands in the center of a grand stage, surrounded by towering bookshelves and ornate statues. As he gracefully moves, his body language conveys the coexistence of old and new laws through a series of interconnected poses that represent both traditional criminal law and additional penal provisions. The fluidity of his movements captures the essence of this educational partnership as it brings to life the intricate layers of legal principles. -@ronnie23brown