Ga. Code § 40-2-1

Current through 2023-2024 Legislative Session Chapter 709

Section 40-2-1 - Definitions

As used in this chapter, the term:

(1) "Cancellation of vehicle registration" means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice, and application for a new registration may be made at any time after such cancellation.

(2) "Commissioner" means the state revenue commissioner.

(3) "Department" means the Department of Revenue.

(3.1) "Digital license plate" means a license plate which receives wireless data communication to display information electronically.

(3.2) "Digital license plate provider" means a person approved by the commissioner as a vendor of digital license plate hardware and services to motor vehicle owners pursuant to this article.

(4) "For-hire intrastate motor carrier" means an entity engaged in the transportation of goods or ten or more passengers for compensation wholly within the boundaries of this state.

(5) "Intrastate motor carrier" means any self-propelled or towed motor vehicle operated by an entity that is used on a highway in intrastate commerce to transport passengers or property and:

(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more, whichever is greater;

(B) Is designed or used to transport more than ten passengers, including the driver, and is not used to transport passengers for compensation; or

(C) Is used to transport material found by the United States Secretary of Transportation to be hazardous pursuant to 49 U.S.C. Section 5103 and is transported in any quantity.

(5.1) "License plate" means a sign affixed to a motor vehicle which displays a series of letters or numbers or both indicating that the vehicle has been registered with this state. Such sign may be in a material made of metal or paper or a device which allows information to be presented electronically in a digital format.

(6) "Motor carrier" means:

(A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or

(B) Any entity defined by the commissioner or commissioner of public safety who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5 or this chapter whether operated in interstate or intrastate commerce, or both.

(7) "Operating authority" means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a.

(8) "Regulatory compliance inspection" means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor carrier business or enterprise operations.

(9) "Resident" means a person who has a permanent home or domicile in Georgia and to which, having been absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident.

(10) "Revocation of vehicle registration" means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or reinstatement, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law.

(11) "Suspension of vehicle registration" means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department.

OCGA § 40-2-1

Amended by 2021 Ga. Laws 134,§ 1, eff. 7/1/2021.

Amended by 2016 Ga. Laws 625,§ 40, eff. 5/3/2016.

Amended by 2015 Ga. Laws 21,§ 4-3, eff. 7/1/2015.

Amended by 2012 Ga. Laws 632,§ II-8, eff. 7/1/2012.

Amended by 2009 Ga. Laws 114,§ 1, eff. 5/4/2009.

Amended by 2005 Ga. Laws 68,§ 14-1, eff. 7/1/2005.

Amended by 2002 Ga. Laws 881, § 1, eff. 11/1/2002