§ 62-5. Automobile insurance.

(a)

The purpose of this section is to establish jurisdiction in the municipal court of the city, pursuant to O.C.G.A. § 36-32-7, to try and dispose of cases where a person is charged with a misdemeanor under O.C.G.A. § 40-60-10 of knowingly operating or knowingly authorizing the operation of a motor vehicle without effective insurance of such vehicle or without an approved plan for self-insurance.

(b)

Except as otherwise provided by law, the owner or operator of a motor vehicle shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. A duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this section.

(c)

Every law enforcement officer of this city shall request the operator of a motor vehicle to produce proof or evidence of required minimum insurance coverage every time the law enforcement officer requests the presentation of the driver's license of the operator of the vehicle.

(d)

If the owner or operator of a motor vehicle fails to show proof or evidence of minimum insurance, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance.

(e)

If the person receiving a citation under this section shows to the court that required minimum insurance coverage was in effect at the time the citation was issued, the court may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department of public safety and the driver's license of such person shall not be suspended.

(f)

An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall upon conviction be punished as provided in section 1-11. An operator of a motor vehicle shall not be guilty of a violation of this section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive.

(g)

Any person who knowingly makes a false statement or certification under O.C.G.A. § 40-5-71 shall be cited, and upon conviction shall be subject to punishment as provided in section 1-11.

(Ord. No. 96-21, art. I, 5-21-1996)