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.
(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.
History. Ga. L. 1961, p. 68, § 20; Ga. L. 1965, p. 264, § 1; Ga. L. 1966, p. 139, § 1; Ga. L. 1970, p. 185, § 1; Ga. L. 1975, p. 1596, § 1; Ga. L. 1979, p. 1108, § 1; Ga. L. 1981, p. 644, §§ 2, 4; Code 1981, § 40-3-35 ; Ga. L. 1985, p. 1227, § 1; Ga. L. 1990, p. 8, § 40; Ga. L. 1990, p. 1657, § 5; Code 1981, § 40-3-36 , as redesignated by Ga. L. 1990, p. 2048, § 3; Ga. L. 1992, p. 2978, §§ 6, 7; Ga. L. 1993, p. 1260, § 7; Ga. L. 1998, p. 1179, § 35; Ga. L. 2000, p. 951, § 4-7; Ga. L. 2002, p. 848, § 2; Ga. L. 2004, p. 452, § 2; Ga. L. 2007, p. 585, § 1/HB 171; Ga. L. 2007, p. 635, § 2/HB 183; Ga. L. 2007, p. 652, § 12/HB 518; Ga. L. 2011, p. 355, §§ .1, 21/HB 269; Ga. L. 2011, p. 752, § 40/HB 142; Ga. L. 2012, p. 96, § 1/HB 900; Ga. L. 2012, p. 112, §§ 1-3, 1-4/HB 872; Ga. L. 2013, p. 141, § 40/HB 79; Ga. L. 2019, p. 337, § 1-99/SB 132; Ga. L. 2019, p. 872, § 2/HB 307; Ga. L. 2020, p. 493, § 40/SB 429; Ga. L. 2021, p. 358, § 2/HB 207.
The 2019 amendments.
The first 2019 amendment, effective July 1, 2019, substituted “Department of Insurance” for “Insurance Department” at the end of the first sentence of subsection (g). The second 2019 amendment, in subparagraph (a)(4)(C), inserted the division (a)(4)(C)(i) and (a)(4)(C)(ii) designators, added the second through fifth sentences in division (a)(4)(C)(i), and redesignated former divisions (a)(4)(C)(i) through (a)(4)(C)(iv) as present subdivisions (a)(4)(C)(ii)(I) through (a)(4)(C)(ii)(IV), respectively. See the Editor’s notes for effective date.
The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “online” for “on-line” in two places in subparagraph (a)(2)(J).
The 2021 amendment, effective July 1, 2021, rewrote subsection (a); and inserted “by electronic means” near the beginning of subsection (b).
Cross references.
Record maintained by metals recycler when recycling motor vehicles, § 10-1-351 .
Further provisions regarding duty of scrap metal processors to deliver certificates of title to Department of Revenue, § 43-43-3 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1992, “of this Code section” was inserted following “subsection (a)” in subsection (b).
Pursuant to Code Section 28-9-5, in 1993, “canceled” was substituted for “cancelled” in two places in division (a)(2)(C)(iii) (now (a)(4)(C)(iii)) and a misspelling of “misdemeanor” was corrected in the second sentence of subsection (h).
Pursuant to Code Section 28-9-5, in 2004, “to a vehicle” was inserted following “certificate of title” in the second sentence of subsection (d).
Editor’s notes.
Ga. L. 2012, p. 112, § 4-1(a)/HB 872, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on or after July 1, 2012.
Ga. L. 2012, p. 112, § 4-2/HB 872, effective July 1, 2012, amended Ga. L. 2011, p. 355, § 21/HB 269 to remove the funding contingency for the amendment to paragraph (a)(3).
Ga. L. 2019, p. 872, § 8/HB 307, not codified by the General Assembly, provides: “This Act shall become effective upon approval by the Governor or upon its becoming law without such approval for purposes of developing the required forms and shall become effective on September 1, 2019, for all other purposes.” This Act was approved by the Governor on May 7, 2019.
Law reviews.
For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 238 (2012).
Structure Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 3 - Certificates of Title, Security Interests, and Liens
Article 2 - Certificates of Title
§ 40-3-21. Application for First Certificate of Title
§ 40-3-21.1. Conditional Titles; Requirements
§ 40-3-22. Examination of Records
§ 40-3-27. General Procedure for Reflecting a Subsequent Transaction on Certificate
§ 40-3-28. Registration of Vehicle Where Commissioner Not Satisfied as to Ownership of Vehicle; Bond
§ 40-3-29. Refusing Certificate
§ 40-3-30. Requirement of Compliance With Federal Safety Standards
§ 40-3-31. Lost, Stolen, Mutilated, or Destroyed Certificates
§ 40-3-32. Transfer of Vehicle Generally
§ 40-3-32.1. Application for Transfer of Title to Local Tag Agent by Purchaser of Manufactured Home
§ 40-3-36.1. Designation of Flood Damaged or Fire Damaged Vehicle on Certificate of Title
§ 40-3-39. Compensation of Tag Agents; Mailing of Applications to Department
§ 40-3-40. Reports and Remittances by Tag Agents