Bill Text: GA SB239 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: License Plates; unregistered vehicle; presumption of residency under certain circumstances; displaying out-of-state license plate

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2012-02-22 - Senate Tabled [SB239 Detail]

Download: Georgia-2011-SB239-Comm_Sub.html

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12 LC 39 0115S

The Senate Transportation Committee offered the following substitute to SB 239:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for an inference of residency under certain circumstances for drivers of vehicles displaying a license plate not issued by this state; to provide for exceptions to such inference; to provide for instances for issuing uniform traffic citations for resident drivers with licenses plates not issued by this state; to provide for motor vehicle insurers to submit information regarding out of state insurance coverage transfers to the Department of Driver Services; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended in subsection (a) of Code Section 40-2-8, relating to the operation of an unregistered vehicle or vehicle without a current license plate, revalidation decal, or county decal, as follows:

"(a)(1) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state.

(2) Any person renting, or leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street without complying with that Code section shall be guilty of a misdemeanor. and,

(3) In any criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of this subsection, the trier of fact may, in its discretion, infer that the driver of a vehicle displaying a license plate not issued by this state has violated this subsection if the person operating the vehicle presents a Georgia driver's license that was issued more than 30 days prior to the date of the stop; provided, however, that no such inference may be drawn if the driver presented at the time of arrest or citation:

(A) A valid military identification card;

(B) A current student identification card for attendance in a postsecondary school of this state;

(C) Documentation evidencing that the driver owns or leases a residence outside this state;

(D) Documentation evidencing that the driver temporarily borrowed the vehicle from a nonresident owner; or

(E) Documentation evidencing that the vehicle is owned or leased by a corporation incorporated outside this state.

(4) An initial uniform traffic citation may be issued for an alleged violation of this subsection when the vehicle is stopped by a law enforcement officer to enforce any other traffic laws and ordinances in effect in this state. If the vehicle remains unregistered after 30 days have passed since the issuance of an initial citation for a violation of this subsection, a law enforcement officer may initiate a stop of a vehicle alleged to be in violation of this subsection on such basis alone.

(5) upon A conviction thereof, under this subsection shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.

SECTION 2.

Said chapter is further amended in subparagraph (b)(1)(B) of Code Section 40-2-137, relating to notice and electronic transmission of insurance coverage and termination by insurers, as follows:

"(B) In cases in which the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 terminates or is transferred to another state, the insurer shall by electronic transmission notify the department of such coverage termination on or before the date coverage ends or, in cases of a transfer request or if termination is at the request of the insured, then on the date such request is processed by the insurer. Insurance coverage termination or transfer information included in such notice shall include the vehicle identification number and the date of coverage termination or transfer. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon termination or transfer of a certificate of self-insurance."

SECTION 3.

This Act shall become effective on July 1, 2012, and shall apply to offenses committed on or after such date.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.