Chapter 5 | Drivers’ Licenses¶
CHAPTER 5 Drivers’ Licenses {#t40c05}
-
Article 3 Cancellation, Suspension, and Revocation of Licenses
- Article 4 Restoration of Licenses to Persons Completing Defensive Driving Course or Alcohol or Drug Program
-
Article 5 Identification Cards for Persons Without Drivers’ Licenses
-
Article 6 Miscellaneous Offenses and Jurisdiction of Offenses
-
Article 8 Identification Cards for Persons with Disabilities
Article 1 General Provisions¶
-
40-5-3. Department employees to be appointed as notaries public.
-
40-5-4. Authority of commissioner to promulgate rules and regulations.
-
40-5-4.1. Authorized delay in compliance with federal Real ID Act.
- 40-5-9. Pauper’s affidavit for a partial waiver of driver’s license reinstatement and restoration fees.
- 40-5-10. Driver education training courses.
40-5-1.Definitions.¶
As used in this chapter, the term:
- “Assessment component” means the standard screening instrument or instruments designated by the Department of Driver Services which are used to screen for the extent of an individual’s alcohol or drug use and its impact on driving.
-
Reserved.
-
“Cancellation of driver’s license” means the annulment or termination by formal action of the department of a person’s license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation.
(3.1)“Clinical evaluation” means an evaluation under Chapter 7 of Title 37 at a facility to diagnose an individual’s substance abuse or dependence and, if indicated, to refer the individual to appropriate treatment.
-
“Code Section 40-6-391” means Code Section 40-6-391 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially conforming to or parallel with the offense covered under Code Section 40-6-391, any local ordinance adopted pursuant to Article 14 of Chapter 6 of this title, which ordinance adopts the provisions of Code Section 40-6-391, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Code Section 40-6-391.
- “Commissioner” means the commissioner of driver services.
-
“Conviction” means a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic violation charge, regardless of whether the sentence is suspended, probated, or rebated.
-
“Department” means the Department of Driver Services.
-
“Disqualification of driver’s license” means a prohibition against driving a commercial motor vehicle.
(8.1)“Driver education training course” means any course approved by the department pursuant to Code Section 40-5-10.
(8.2)“Driver training school” means any person licensed by the department pursuant to Chapter 13 of Title 43.
-
“For hire” means to operate a motor vehicle in this state for the purpose of transporting passengers for compensation or donation as a limousine carrier, ride share network or driver, or taxi service as such terms are defined in Code Section 40-1-190.
(9.1)“For-hire license endorsement” means an endorsement to a driver’s license pursuant to Code Section 40-5-39 that authorizes the holder of the license to operate a motor vehicle for the purpose of transporting passengers in this state for compensation or donation as a limousine carrier, ride share network or driver, or taxi service as such terms are defined in Code Section 40-1-190.
-
“Intervention component” means a program which delivers therapeutic education about alcohol and drug use and driving and peer group counseling concerning alcohol and drug use over a period of 20 hours utilizing a methodology and curriculum approved and certified by the Department of Driver Services for the DUI Alcohol or Drug Use Risk Reduction Programs under subsection (e) of Code Section 40-5-83.
-
“Limousine carrier” means any limousine company or provider which is licensed with this state pursuant to paragraph (5) of Code Section 40-1-151.
-
“Mail” means to deposit in the United States mail properly addressed and with postage prepaid. For purposes of payment of a reinstatement or restoration fee for a driver’s license suspension or revocation, “mail” shall also mean payment via means other than personal appearance.
-
“Owner” means a person other than a lienholder or security interest holder having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a lien or security interest in another person, but excludes a lessee under a lease not intended as security.
(13.5)“Personal information” means any information that identifies a person, including but not limited to an individual’s fingerprint, photograph, or computerized image, social security number, driver identification number, name, address (other than five-digit ZIP Code), telephone number, and medical or disability information.
-
“Present and future minimum motor vehicle insurance coverage” means minimum coverage as specified in Chapter 34 of Title 33, which coverage cannot be canceled except for a subsequent conviction of an offense enumerated in Code Section 40-5-54 and after giving the commissioner 20 days’ written notice prior to the effective date of the cancellation.
-
“Resident” means a person who has a permanent home or abode in Georgia to which, whenever such person is absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a resident:
- Any person who accepts employment or engages in any trade, profession, or occupation in Georgia or enters his or her children to be educated in the private or public schools of Georgia within ten days after the commencement of such employment or education; or
-
Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days;
provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen or an alien with legal authorization from the United States Immigration and Naturalization Service.
-
“Revocation of driver’s license” means the termination by formal action of the department of a person’s license or privilege to operate a motor vehicle on the public highways, which license shall not be subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this chapter.
(16.01)“Ride share driver” means an individual who uses his or her personal passenger car, as defined in paragraph (41) of Code Section 40-1-1, to provide transportation for passengers arranged through a ride share network service.
(16.02)“Ride share network service” means any person or entity that uses a digital network or Internet network to connect passengers to ride share drivers for the purpose of prearranged transportation for hire or for donation. The term “ride share network service” shall not include any corporate sponsored vanpool or exempt rideshare as such terms are defined in Code Section 40-1-100, provided that such corporate sponsored vanpool or exempt rideshare is not operated for the purpose of generating a profit.
(16.1)“Singularly or in combination” means that the department, in determining whether or not a person’s license or privilege to operate a motor vehicle on the public highways is to be revoked as a habitual violator, is to treat each charge for which a conviction was obtained as a separate transaction when determining whether or not a person has the requisite convictions which mandate such a revocation.
(16.2)“Substance abuse treatment program” means a program of treatment under Chapter 7 of Title 37 at a facility authorized to provide services designed to meet an individual’s substance abuse treatment needs based upon the results of a clinical evaluation performed by a provider other than the provider of the treatment program for such individual.
-
“Suspension of driver’s license” means the temporary withdrawal by formal action of the department of a person’s license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department.
- “Taxi service” means any taxicab company or provider which utilizes a motor vehicle or similar vehicle, device, machine, or conveyance to transport passengers; uses a taximeter; and is registered with the Department of Public Safety and, if applicable, is authorized to provide taxicab services pursuant to an ordinance of a local government in this state.
40-5-2.Keeping of records of applications for licenses and information on licensees; furnishing of information.¶
-
The department shall maintain records regarding the drivers’ licenses and permits issued by the department under this chapter. The drivers’ records maintained by the department shall include:
-
A record of every application for a license received by it and suitable indexes containing:
- All applications granted; and
- The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action;
-
Drivers’ records received from other jurisdictions. Upon receipt of such driver’s record, it shall become a part of such driver’s record in this state and shall have the same force and effect as though entered on the driver’s record in this state in the original instance; and
- Records of all abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-20, subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of this title, the “Motor Vehicle Safety Responsibility Act,” and Chapter 34 of Title 33, the “Georgia Motor Vehicle Accident Reparations Act,” any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee or individual showing the convictions of such licensee or individual and the traffic accidents in which such licensee or individual has been involved shall be readily ascertainable and available for the consideration of the department upon any application for, or application for renewal of, license and at other suitable times. For purposes of issuing a driver’s operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest.
-
-
The records maintained by the department on individual drivers are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that initial arrest reports, incident reports, and the records pertaining to investigations or prosecutions of criminal or unlawful activity shall be subject to disclosure pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72 and related provisions. Georgia Uniform Motor Vehicle Accident Reports shall be subject to disclosure pursuant to paragraph (5) of subsection (a) of Code Section 50-18-72. The department shall not make records or personal information available on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721.
-
-
The driver’s record provided by the department shall include an enumeration of any accidents in which the individual was convicted of a moving traffic violation, such moving traffic violation convictions, and information pertaining to financial responsibility. The department shall furnish a driver’s operating record or personal information from a driver’s record under the following circumstances: 1. With the written instructions and consent of the driver upon whom the operating record has been made and compiled; such instructions and consent shall be signed by the driver but shall not be required to be notarized;
-
-
Pursuant to a written request or a request made in accordance with a contract with the Georgia Technology Authority for immediate online electronic furnishing of information, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this division shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a request for a driver’s operating record shall identify himself or herself and shall have certified or affirmed that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify or affirm that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; or
-
For the purpose of ascertaining necessary rating information by an insurance agent pursuant to an insurer’s contract with the Georgia Technology Authority for the immediate online electronic furnishing of limited rating information to such insurer’s agents. Limited rating information furnished under this division shall include only the number of violations of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers within the immediately preceding three or five years, which period shall be specified by the person making the request. The provisions of division (i) of this subparagraph notwithstanding, no other information concerning a driver’s operating record shall be released to such agents for purposes of rating;
-
-
In accordance with Article 7 of this chapter, the “Georgia Uniform Commercial Driver’s License Act”;
-
To a judge, prosecuting official, or law enforcement agency for use in investigations or prosecutions of alleged criminal or unlawful activity, or to the driver’s licensing agency of another state;
-
Pursuant to a request from a public or private school system concerning any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the information;
-
With the written release of the driver, to a rental car company for use in the normal course of its business; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. Such access shall be provided and funded through the GeorgiaNet Division of the Georgia Technology Authority, and the department shall bear no costs associated with such access; and
-
For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
- To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
-
If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual;
provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, and driver identification number and shall not include photographs, fingerprints, computer images, or medical or disability information. The personal information obtained by a business under this subparagraph shall not be resold or redisclosed for any other purpose without the written consent of the individual. Furnishing of information to a business under this subparagraph shall be pursuant to a contract entered into by such business and the state which specifies, without limitation, the consideration to be paid by such business to the state for such information and the frequency of updates.
-
-
Nothing in this Code section shall preclude the department from confirming or verifying the status of a driver’s license or permit.
(B.1)The department shall implement a pilot program for 12 months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. Unless the Office of Planning and Budget determines that the pilot program is not successful, the department shall continue the program on a year-to-year basis and furnish limited rating information to insurance support organizations for the same purposes as provided in division (ii) of subparagraph (B) of this paragraph, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of this subsection have been met;
-
-
-
The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Division of the Georgia Technology Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information; and except that such approval shall not be required for any release or disclosure of information made electronically through the GeorgiaNet Division of the Georgia Technology Authority in accordance with a contract authorized by subparagraph (c)(1)(B) or as provided in subsection (f) of this Code section. The custodians may certify copies or compilations, including extracts thereof, of the records of the department.
-
In response to a subpoena or upon the request of any judicial official, the department shall provide a duly authenticated copy of any record or other document. This authenticated copy may consist of a photocopy or computer printout of the requested document certified by the commissioner or the commissioner’s duly authorized representative.
-
-
Upon written request, the department may provide copies of any record or personal information from any driver’s record for use by any appropriate governmental official, entity, or agency for the purposes of carrying out official governmental functions or legitimate governmental duties; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subsection shall be limited to name, address, driver identification number, and medical or disability information.
-
The department is specifically authorized to disseminate the following records and information:
-
To the United States Selective Service System and the Georgia Crime Information Center, compilations of the names, most current addresses, license or identification card numbers, and dates of birth of licensees or applicants for licenses or applicants for or holders of identification cards issued under this chapter, or, in the case of the United States Selective Service System, any other information from the license or identification card application as necessary for purposes of registration of persons therewith. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. Information transmitted to the United States Selective Service System pursuant to this paragraph shall be provided in an electronic format;
-
To the military branches of the United States Department of Defense, compilations of the names, dates of birth, sex, and most current addresses of licensees between the ages of 16 and 24 for the sole purpose of mailing recruiting and job opportunity information, provided that the department shall not be required to provide such a compilation more than once every two months;
- To the Department of Human Services, compilations of the names, dates of birth, and most current addresses of licensees or applicants for licenses. Any information provided pursuant to this subsection shall only be used by the Department of Human Services in connection with the recovery of delinquent child support payments under Article 1 of Chapter 11 of Title 19, known as the “Child Support Recovery Act”;
- To a local fire or law enforcement department, a copy of the abstract of the driving record of any applicant for employment or any current employee and to the Georgia Bureau of Investigation for the purpose of providing a local fire or law enforcement department with the abstract through the Criminal Justice Information System. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department;
-
The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and subsection (e) of Code Section 40-5-100 and for the purposes set forth in such Code sections;
-
- The information required to be made available regarding voter registration pursuant to Code Sections 21-2-221 and 21-2-221.2 and for the purposes set forth in such Code sections; and
- Information sufficient for use in verifying a registered voter’s identity or the identity of an applicant for voter registration by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature;
-
The data required to be made available to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts pursuant to Code Section 15-12-40.1. Such data shall be provided to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts upon request in the electronic format required by the council for such purposes and without any charge for such data;
- To the Department of Revenue, information sufficient for use in the detection and prevention of fraudulent tax returns, including name, address, date of birth, gender, driver identification number, photograph, and signature. Such information may be provided in electronic format by means of bulk transfer. Any information provided pursuant to this paragraph shall only be used by the Department of Revenue in connection with the detection and prevention of fraudulent tax returns; and
- To the Department of Natural Resources, information sufficient for use in the detection and prevention of fraud in applications for licenses, permits, and registrations issued by it and to confirm residency of an applicant, including name, address, date of birth, gender, driver identification number or identification number, status of driver’s license, date of driver’s license issuance and driver’s license cancellation, type of driver’s license or identification card issued, and any other information required by the Department of Natural Resources to detect and prevent fraud in applications for licenses, permits, and registrations issued by it. Any information provided pursuant to this paragraph shall only be used by the Department of Natural Resources in connection with the detection and prevention of fraud in applications for licenses, permits, and registrations issued by it, to confirm residency of an applicant, and in fulfilment of its obligations under Article 1 of Chapter 11 of Title 19, known as the “Child Support Recovery Act.” Such information may be provided in electronic format by means of bulk transfer or by electronic connection.
-
-
The drivers’ records and personal information disseminated by the department pursuant to this Code section may be used only by the authorized recipient and only for the authorized purpose. It shall be unlawful to disclose, distribute, or sell such records or information to an unauthorized recipient or for an unauthorized purpose. It shall be a violation of this Code section to make a misrepresentation or false statement in order to obtain access to or information from the department’s records. Any person who knowingly and willfully violates the provisions of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished as provided in Code Section 17-10-4.
-
The department shall maintain for four years a record of each release of a driver’s operating record or personal information, including the name and address of the requesting party, the date of the release, and the provision of law authorizing the release. Such record of releases shall be reported to the affected driver upon written application by the driver, except that the department shall not report any information about the existence of a release made in connection with a criminal investigation which is ongoing and which involves, though not necessarily focuses upon, such driver. Upon receipt of an application from a driver for such record of releases, the department shall have three business days to determine whether an ongoing criminal investigation is involved, and such determination shall be in the discretion of the commissioner. Where a release is not reported to a driver because the underlying release involved an ongoing criminal investigation, the records concerning the underlying release shall be maintained for four years after the criminal investigation is closed and such records shall during such period after closure of the investigation be subject to disclosure upon application by the driver.
-
The provisions of this Code section shall apply, where relevant, to the maintenance and disclosure of the department’s records regarding state identification cards issued under Article 5 of this chapter.
-
The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section, including the promulgation of regulations limiting the retention of conviction and withdrawal information on a driving record. Notwithstanding the foregoing, any regulation relating to the retention of conviction and withdrawal information on a driving record shall apply the same retention schedule to both commercial and noncommercial drivers. In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4, reasonable fees shall be assessed for furnishing information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driver’s record shall not exceed $10.00.
-
-
The department, pursuant to rules and regulations promulgated by the commissioner, may periodically review all records maintained pursuant to this Code section and shall correct those records which contain known improper, false, fraudulent, or invalid information.
-
Not later than July 31, 2006, the department shall destroy all records of fingerprints obtained on and after April 15, 1996, and prior to July 1, 2006, from applicants for drivers’ licenses, identification cards, and identification cards for persons with disabilities issued by the department and shall compile and make available for public inspection a list of all persons or entities to whom the department provided such fingerprint records. Notwithstanding the provisions of this paragraph, fingerprint images electronically stored on existing drivers’ licenses will be destroyed upon application for a renewal of the driver’s license.
-
-
In any case in which the release or transmittal of one or more driver’s records is authorized under this Code section or any other provision of law, the commissioner may determine the method of release or transmittal of the record or records, including without limitation release or transmittal by mail or by means of the Internet or other electronic means.
40-5-3.Department employees to be appointed as notaries public.¶
The commissioner shall cause designated employees of the department to be appointed as notaries public, in accordance with Chapter 17 of Title 45, for the purpose of performing the notarial acts required by this chapter, free of charge to applicants.
40-5-4.Authority of commissioner to promulgate rules and regulations.¶
-
The commissioner is authorized to implement any and all provisions of this chapter by the promulgation of necessary rules and regulations. An express grant of authority to the commissioner in any Code section to promulgate regulations shall not be construed as excluding such authority in any other Code section.
-
When duly promulgated and adopted, all regulations issued pursuant to this chapter shall have the force of law.
40-5-4.1.Authorized delay in compliance with federal Real ID Act.¶
The Governor of the State of Georgia, or his or her designee, is authorized to delay compliance with certain provisions of the federal Real ID Act, H.R. 1268, P.L. 109-13, enacted by Congress in 2005, until it is expressly guaranteed by the Department of Homeland Security, through adequately defined safeguards, that implementation of the Real ID Act will not compromise the economic privacy or biological sanctity of any citizen or resident of the State of Georgia. This Code section shall not be interpreted as limiting the Governor’s discretion or authority to delay compliance with certain provisions of the Real ID Act for any other reason.
40-5-5.Reciprocal agreements with other states, districts, territories, and foreign countries for the operation of motor vehicles and required testing; “limited term” notation.¶
- The Governor is authorized and directed to negotiate and consummate, with the proper authorities of the several states of the United States, the District of Columbia, and the territories and possessions of the United States, valid and binding reciprocal agreements whereby residents of such states, the District of Columbia, and the territories and possessions of the United States operating motor vehicles properly licensed and registered in their respective jurisdictions may have the same or substantially the same privileges or exemptions in the operation of their motor vehicles in this state as residents of this state may have and enjoy in the operation in such other jurisdictions of their motor vehicles properly licensed and registered in this state. Notwithstanding any provision of law to the contrary, the Governor may likewise negotiate and consummate valid and binding reciprocal agreements with the proper authorities of said jurisdictions relating to the suspension, revocation, cancellation, and reinstatement of motor vehicle drivers’ licenses. In the making of such agreements, due regard shall be had for the benefit and convenience of the motor vehicle owners and other citizens of this state. The Governor may adopt and promulgate such rules and regulations as shall be necessary to effectuate and administer the provisions of this Code section.
-
The Governor or a commission appointed by him shall give proper publicity to the terms of every reciprocal agreement entered into by him pursuant to this chapter; and he is authorized and empowered to promulgate rules and regulations for observance and enforcement of the terms of such agreement, which rules and regulations shall have the force and effect of law.
-
The commissioner is authorized to negotiate and enter into an agreement with a foreign country or such political subdivision of a foreign country that exempts the citizens of such foreign country or such political subdivision of a foreign country from the knowledge test and the on-the-road driving test required in Code Section 40-5-27 so long as the citizen holds a valid driver’s license of an equivalent class issued by such foreign country or such political subdivision of a foreign country; provided, however, that no such agreement shall be entered into unless the foreign country or the political subdivision of a foreign country offers the same reciprocity to persons holding a valid driver’s license of an equivalent class issued by the State of Georgia and the commissioner determines that the laws of such foreign country or such political subdivision of a foreign country relating to the operation of motor vehicles are sufficiently similar to such laws of this state such that driving safety shall not be compromised; and provided, further, that no such agreement shall be entered into unless the Department of Economic Development has certified that persons or entities from such country or such political subdivision have made or are likely to make a substantial economic investment in this state that has or will lead to the substantial creation of jobs in this state. The provisions of this subsection notwithstanding, the commissioner shall not be authorized to enter into any reciprocal agreement with any foreign country or any political subdivision of a foreign country that is designated as a state sponsor of terrorism by the United States Department of State. The exemption provided for in this subsection shall not be an exemption from any other legal requirement for the issuance of a driver’s license, including the requirement that the applicant demonstrate lawful presence within the United States in accordance with Code Sections 40-5-21.1 and 40-5-21.2. This subsection shall not apply to citizens of foreign countries or political subdivisions or foreign countries applying for a commercial driver’s license or Class M driver’s license.
- The department shall make a notation on any driver’s license, permit, identification card, or other state identifying document issued by the department pursuant to this Code section. The notation shall be in a manner approved by the department and shall state “Limited Term” or such other notation as determined by the department. Nothing contained in this subsection shall preclude the department from making the same or similar notations on other similarly issued identifying documents. Any driver’s license or other identifying document that is so noted shall not be used as voter identification.
40-5-6.Forms for making of anatomical gifts upon issuance or renewal of driver’s license or personal identification card.¶
-
Whenever any person applies for or requests the issuance, reissuance, or renewal of any class of driver’s license or personal identification card, the department shall furnish such person with a form, sufficient under Article 6 of Chapter 5 of Title 44, the “Georgia Revised Uniform Anatomical Gift Act,” for the gift of all or part of the donor’s body conditioned upon the donor’s death. If any such person, legally authorized to execute such a gift as provided for pursuant to Code Section 44-5-142, desires to execute a gift, the department shall provide such person with appropriate assistance and the presence of the legally required number of witnesses.
-
A notation shall be affixed to or made a part of every driver’s license and personal identification card issued in this state indicating whether or not the licensee or cardholder has executed, under Article 6 of Chapter 5 of Title 44, the “Georgia Revised Uniform Anatomical Gift Act,” a gift, by will or otherwise, of all or part of his or her body conditioned upon the donor’s death.
40-5-7.[Reserved] Blue Ribbon Young Driver and DUI Study Commission; creation; membership; purpose; meetings; compensation; reports to Governor and General Assembly; termination.¶
40-5-8.Registration of applicants with United States Selective Service System; notification that signature constitutes consent.¶
- Any male United States citizen or immigrant who applies for any driver’s license or identification card issued under this chapter, including without limitation any instruction permit, limited driving permit, provisional driver’s license, or commercial driver’s license, or for renewal thereof, and who is less than 26 years of age shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 App. U.S.C.A. Section 451, et seq., as amended.
- The signature of any applicant described in subsection (a) of this Code section submitted to the department in application for such license or identification card issuance or renewal shall serve as an indication that the applicant either has registered already with the United States Selective Service System or that he is authorizing the department to forward to the United States Selective Service System the necessary information for such registration. The department shall notify the applicant at the time of application that his signature constitutes consent to be registered with the United States Selective Service System if he is not already so registered. The department shall, as soon as practical following such application and in accordance with paragraph (1) of subsection (f) of Code Section 40-5-2, forward the necessary personal information of the applicant to the United States Selective Service System for purposes of registration therewith at such time as required by federal law.
40-5-9.Pauper’s affidavit for a partial waiver of driver’s license reinstatement and restoration fees.¶
- A pauper’s affidavit may be filed in lieu of paying the driver’s license reinstatement or restoration fee otherwise required by this chapter. An individual filing a pauper’s affidavit shall under oath affirm his or her poverty and his or her resulting inability to pay the driver’s license reinstatement or restoration fee otherwise required by this chapter. The form of the affidavit shall be prescribed by the commissioner and shall indicate on its face that such individual has neither the income nor the assets to pay the fee otherwise required. The following warning shall be printed on the affidavit form prepared by the commissioner, to wit: “WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.”
- Upon the submission of a pauper’s affidavit, the driver’s license reinstatement or restoration fee shall be 50 percent of the fee required by law.
40-5-10.Driver education training courses.¶
-
The department shall establish standards for approval of curriculum for a driver education training course, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws of this state and to train young drivers in the safe operation of motor vehicles.
-
The department shall provide for the approval of similar courses from other states to satisfy the requirements of this chapter relating to driver education training courses for any child moving into this state within nine months of his or her sixteenth birthday when the child’s parent is in the active military service of the United States.
-
Driver education training courses may be offered:
- By the department, a driver training school, a public or private high school, or a home education instructor; and
- Through in-person instruction, online courses, or remote participation platforms provided by in-person instruction providers.
-
The department shall promulgate rules and regulations to implement the provisions of this Code section.
Article 2 Issuance, Expiration, and Renewal of Licenses¶
- 40-5-20. License required; surrender of prior licenses; local licenses prohibited.
- 40-5-22. Requirements for issuance of instruction permit or driver’s license to person under 18 years of age; authority of department to issue or renew a driver’s license, probationary license, limited driving permit, or ignition interlock device limited driving permit.
- 40-5-22.1. Reinstatement of license of child under 16 years convicted of driving under influence of alcohol or drugs.
-
40-5-24. Instruction permits; graduated licensing and related restrictions; temporary licenses.
-
40-5-25. Applications; fees; provisions for voluntary participation in various programs.
- 40-5-28. Issuance and contents of licenses; county tag agents; Class E and Class F licenses for volunteer firefighters.
- 40-5-30. Restricted licenses.
-
40-5-32. Expiration and renewal of licenses; reexamination required.
- 40-5-36. Veterans’ licenses, honorary licenses, and other distinctive licenses.
- 40-5-37. Expiration of active duty service members’ licenses.
40-5-20.License required; surrender of prior licenses; local licenses prohibited.¶
-
No person, except those expressly exempted in this chapter or in Chapter 6 of this title, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver’s license before operating a motor vehicle in this state. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license. This Code section shall not apply to a person driving with a suspended license or license that has been revoked. Any person convicted of violating this Code section shall be punished as provided in subsection (a) of Code Section 40-5-121; provided, however, that if:
-
Such person is driving with a driver’s license issued by this state that has been expired for less than 31 days at the time of the offense and he or she produces in court a driver’s license that would have been valid at the time of the offense, he or she shall not be guilty of such offense; and
-
Such person is driving without a valid driver’s license or receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement in his or her possession but he or she has a valid driver’s license, Code Section 40-5-29 shall apply to such offense.
-
-
No person, except those expressly exempted in this chapter, shall steer or, while within the passenger compartment of such vehicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this state unless such person has a valid driver’s license under this chapter for the type or class of vehicle being towed.
-
-
-
Any person who applies for a driver’s license, instruction permit, or limited driving permit shall indicate on such application whether he or she is in possession of any other valid driver’s license or permit issued pursuant to this title or from any other jurisdiction.
-
Except as provided in paragraph (2) of this subsection, no person shall receive a driver’s license unless and until such person surrenders to the department all valid licenses or permits in such person’s possession issued to him or her pursuant to this title or by any other jurisdiction. The department shall physically mark any surrendered license or permit in a manner which makes it apparent that such license or permit is no longer valid and return the license or permit to such person.
-
The department shall issue a receipt to a person eligible to be issued a driver’s license, instruction permit, or limited driving permit pursuant to the requirements of this title. Such receipt shall satisfy the requirements of subsection (a) of Code Section 40-5-29 regarding proof of eligibility to operate a motor vehicle until the person has received his or her permanent driver’s license, instruction permit, or limited driving permit.
-
If a surrendered driver’s license was issued by another jurisdiction, the department shall forward the surrendered license information to the previous jurisdiction.
- Except as provided for in paragraph (2) of this subsection, no person shall be permitted to have more than one valid driver’s license at any time.
- Any noncitizen who is eligible for issuance of a driver’s license, instruction permit, or limited driving permit pursuant to the requirements of this title and is in possession of a valid driver’s license or permit issued by a foreign jurisdiction may be issued a driver’s license, instruction permit, or limited driving permit without surrendering the foreign driver’s license or permit. This exemption shall not apply to a person who is required to terminate any previously issued driver’s license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign driver’s license, and this information shall be made available to law enforcement officers and agencies on such person’s driving record through the Georgia Crime Information Center.
- Any noncitizen who is eligible for issuance of a driver’s license, instruction permit, or limited driving permit pursuant to the requirements of this title and is in possession of a valid driver’s license or permit issued by a foreign jurisdiction may be issued a driver’s license, instruction permit, or limited driving permit without surrendering the foreign driver’s license or permit. This exemption shall not apply to a person who is required to terminate any previously issued driver’s license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign driver’s license, and this information shall be made available to law enforcement officers and agencies on such person’s driving record through the Georgia Crime Information Center.
-
-
-
Any person licensed as a driver under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any county, municipality, or local board or body having authority to adopt local police regulations.
40-5-21.Exemptions generally.¶
-
Except as provided in Article 7 of this chapter, the “Uniform Commercial Driver’s License Act,” the following persons are exempt from licenses under this chapter:
- Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver’s license;
- A nonresident who has in his or her immediate possession a valid driver’s license issued to him or her in his or her home state, country, or political subdivision of a foreign country; provided, however, that such person would otherwise satisfy all requirements to receive a Georgia driver’s license; and provided, further, that in the case of a driver’s license issued by the driver’s licensing authority of a foreign country or political subdivision of a foreign country, a law enforcement officer may consult such person’s passport or visa to verify the validity of such license, if available;
- A nonresident on active duty in the armed forces of the United States who has a valid license issued by his or her home state, and such nonresident’s spouse or dependent son or daughter who has a valid license issued by such person’s home state;
- Any person on active duty in the armed forces of the United States who has in his or her immediate possession a valid license issued in a foreign country or political subdivision of a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his or her return to the United States;
- Any inmate or resident patient of a state, county, or municipally owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and supervise such inmate or resident patient;
-
Any person driving or operating a farm tractor or farm implement temporarily operated on a highway for the purpose of conducting farm business;
-
Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or municipality and being operated with the written approval of the warden or superintendent and in such manner and for such purpose as may be specified by the warden or superintendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licensing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests;
- A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve components of the armed forces;
-
Any person seeking to obtain a driver’s license while taking the driving examination for such license accompanied by a driver license examiner of the department or a certified examining agent of the department;
-
Any migrant farm worker who works in this state less than 90 days in any calendar year and who possesses a valid driver’s license issued by another state;
-
Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the department in accordance with the provisions of Chapter 13 of Title 43, “The Driver Training School and Commercial Driver Training School License Act.” As used in the previous sentence, the term “commercial motor vehicle” shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the rules of the department clearly identifying such vehicles as training cars belonging to a licensed driving school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver’s license in subsection (c) of Code Section 40-5-27;
-
Any person while operating a personal transportation vehicle:
- On any way publicly maintained for the use of personal transportation vehicles by the public and no other types of motor vehicles in accordance with a local ordinance adopted pursuant to Part 3 or 6 of Article 13 of Chapter 6 of this title; or
- When crossing a street or highway used by other types of motor vehicles at a location designated for such crossing pursuant to subsection (d) of Code Section 40-6-331 or pursuant to a PTV plan authorized by a local authority as described in Part 6 of Article 13 of Chapter 6 of this title; and
-
A fully autonomous vehicle with the automated driving system engaged or the operator of a fully autonomous vehicle with the automated driving system engaged.
-
Notwithstanding any contrary provisions of Code Section 40-5-20 or subsection (a) of this Code section, a nonresident of this state who is attending a school in this state shall be exempt from the driver’s licensing requirements of this chapter if and only if:
-
He or she is at least 16 years of age and has in his or her immediate possession a valid license issued to him or her in his or her home state or country; provided, however, that any restrictions which would apply to a Georgia driver’s license as a matter of law would apply to the privilege afforded to the out-of-state license; and
-
He or she is currently enrolled or was enrolled during the immediately preceding period of enrollment in a school in this state, has paid for the current period of enrollment or paid for the immediately preceding period of enrollment the tuition charged by the school to nonresidents of Georgia, and has in his or her possession proof of payment of such tuition for such current or immediately preceding period of enrollment.
-
40-5-21.1.Temporary licenses, permits, or special identification cards; foreign licenses or identification cards as evidence of legal presence in the United States; extensions.¶
-
Notwithstanding any other provision of this title, an applicant who presents in person valid documentary evidence of:
- Admission to the United States in a valid, unexpired nonimmigrant status;
-
A pending or approved application for asylum in the United States;
-
Admission into the United States in refugee status;
-
An approved application for temporary protected status in the United States;
-
Approved deferred action status;
-
Other federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law; or
-
Verification of lawful presence as provided by Code Section 40-5-21.2
may be issued a temporary license, permit, or special identification card. Such temporary license, permit, or special identification card shall be valid only during the period of time of the applicant’s authorized stay in the United States or five years, whichever occurs first.
-
A driver’s license or identification card issued by any state or territory which, on or after July 1, 2006, authorized such driver’s license or identification card to be issued to persons not lawfully present in the United States may not be accepted as evidence of legal presence in the United States.
-
Any noncitizen applicant whose Georgia driver’s license or identification card has expired, or will expire within 30 days, who has filed, or on whose behalf has been filed, a request for an extension with the United States Department of Homeland Security, or similar such federal issuing agency, for time to remain lawfully within the United States shall be issued a temporary driving permit or identification card valid for 120 days from the date of the expiration of his or her valid driver’s license or identification card. The noncitizen applicant shall be required to present evidence of the application for extension by submitting a copy or copies of documentation designated by the department. A temporary driving permit or identification card shall be issued upon submission of the required documentation and an application fee in an amount to be determined by the department. Upon the expiration of the temporary driving permit or identification card, no further consecutive temporary permits or identification cards shall be authorized; provided, however, application may be made following the expiration of an additional valid Georgia driver’s license or identification card.
40-5-21.2.Compliance with Systematic Alien Verification for Entitlements Program; application; implementation.¶
-
As used in this Code section, the term:
- “Department” means the Georgia Department of Driver Services.
- “SAVE Program” means the Systematic Alien Verification for Entitlements (SAVE) Program established by the United States Bureau of Citizenship and Immigration Services.
-
The department shall utilize the following procedures in this subsection before issuing an identification card, license, permit, or other official document to an applicant who is a noncitizen:
-
The department shall attempt to confirm through the SAVE program that the applicant is lawfully present in the United States; and
-
If the SAVE program does not provide sufficient information to the department to make a determination, the department shall be authorized to accept verbal or e-mail confirmation of the legal status of the applicant from the Department of Homeland Security.
-
-
This Code section shall not apply to instances when a federal law mandates acceptance of a document.
- Subsection (b) of this Code section shall become effective upon the department’s full implementation of the SAVE Program but not later than January 1, 2008.
40-5-22.Requirements for issuance of instruction permit or driver’s license to person under 18 years of age; authority of department to issue or renew a driver’s license, probationary license, limited driving permit, or ignition interlock device limited driving permit.¶
-
Except as otherwise provided in this Code section, the department shall not issue any Class C driver’s license to any person who is under 18 years of age or Class M driver’s license to any person who is under 17 years of age, except that the department may, under subsection (a) of Code Section 40-5-24, issue a Class P instruction permit permitting the operation of a noncommercial Class C vehicle to any person who is at least 15 years of age, and may, under Code Section 40-5-24, issue a Class D driver’s license permitting the operation of a noncommercial Class C vehicle to any person who is at least 16 years of age. The department shall not issue a driver’s license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial driver’s license to any person who is under 18 years of age.
(a.1) (1)The department shall not issue an instruction permit or driver’s license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver’s license the applicant presents acceptable proof that he or she has received a high school diploma, a state approved high school equivalency (HSE) diploma, a special diploma, or a certificate of high school completion or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a state approved high school equivalency (HSE) diploma, or the records of the department indicate that said applicant:
(a.2) (1)Except as otherwise provided in paragraph (2) of this subsection, the department shall not issue any initial Class D driver’s license or, in the case of a person who has never been issued a Class D driver’s license by the department or the equivalent thereof by any other jurisdiction, any initial Class C driver’s license to a person under 18 years of age unless such person:
-
-
Notwithstanding the provisions of subsection (a) of this Code section, any person 14 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to visual impairment may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this subsection shall be accompanied whenever operating a motor vehicle by such physically impaired parent or guardian or by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver.
-
Notwithstanding the provisions of subsection (a) of this Code section, any person 15 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to physical impairment and has been issued an identification card containing the international handicapped symbol pursuant to Article 8 of this chapter may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this paragraph shall be accompanied whenever operating a motor vehicle by such physically impaired parent or guardian or by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver.
-
-
Except as provided in subsection (d) of this Code section, the department shall not issue any driver’s license to nor renew the driver’s license of any person:
-
Is enrolled in and not under expulsion from a public or private school; or
-
Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such program.
The department shall notify such minor of his or her ineligibility for an instruction permit or driver’s license at the time of such application.
-
Has completed an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; and
-
Has completed a cumulative total of at least 40 hours of other supervised driving experience, including at least six hours at night, which is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; provided, however, that such affidavit shall not be required when behind-the-wheel training has been provided by a driver training school.
-
Whose license has been suspended during such suspension, or whose license has been revoked, except as otherwise provided in this chapter;
-
Whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter;
-
Who is a habitual user of alcohol or any drug to a degree rendering him or her incapable of safely driving a motor vehicle;
-
Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
-
Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination;
-
Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or
-
Whose license issued by any other jurisdiction is suspended or revoked by such other jurisdiction during the period such license is suspended or revoked by such other jurisdiction.
-
(2)The State Board of Education and the commissioner of driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection.
(3)The Technical College System of Georgia shall be responsible for compliance and noncompliance data for students pursuing a state approved high school equivalency (HSE) diploma.
(A)Is at least 16 years of age;
(B)Has completed a driver education course;
(2)Any person under 18 years of age who has in his or her immediate possession a valid license equivalent to a Class C license issued to him or her in another state or country shall be entitled to receive a Class C license.
(3)The commissioner shall by rule or regulation provide for the approval of courses from other states to satisfy the requirements of this Code section for any child moving into this state within nine months of his or her sixteenth birthday when the child’s parent is in the active military service of the United States.
(4)For purposes of supervised driving experience under paragraph (1) of this subsection, supervision shall be provided by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver.
(d)The department is authorized to issue a limited driving permit to an applicant whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter, provided that the applicant is otherwise eligible for such limited driving permit in accordance with subsection (a) of Code Section 40-5-64 and paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1.
(e)The department may issue a probationary license, limited driving permit, or ignition interlock device limited driving permit to any individual whose driver’s license is expired; provided, however, that he or she is otherwise eligible for such probationary license, limited driving permit, or ignition interlock device limited driving permit pursuant to Code Section 40-5-58, 40-5-64, 40-5-64.1, 40-5-75, or 40-5-76.
40-5-22.1.Reinstatement of license of child under 16 years convicted of driving under influence of alcohol or drugs.¶
Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver’s license or learner’s permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and pays a reinstatement fee to the Department of Driver Services. The reinstatement fee for a first such conviction shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction shall be $410.00 or $400.00 if paid by mail. The court shall notify the department of its order delaying the issuance of such child’s license within 15 days of the date of such order. The department shall not issue a driver’s license or learner’s permit to any person contrary to a court order issued pursuant to this Code section.
40-5-23.Classes of licenses.¶
-
The department upon issuing a driver’s license shall indicate thereon the type or general class of vehicles that the licensee may drive.
-
Subject to this chapter, the commissioner shall establish by rules and regulations such qualifications, including but not limited to, training, experience, or educational prerequisites, as he or she believes are necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his or her qualification according to the type or general class of license applied for.
-
The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows:
Class C — Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating not in excess of 26,000 pounds, any three-wheeled motor vehicle that is equipped with a steering wheel for directional control, and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; except that any combination of vehicles with a gross vehicle weight rating not in excess of 26,000 pounds may be operated under such class of license if such combination of vehicles are controlled and operated by a farmer, used to transport agricultural products, livestock, farm machinery, or farm supplies to or from a farm, and are not used in the operations of a common or contract carrier;
Class D — Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driver’s license but is not presently licensed to drive;
Class E — Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided that the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class F and Class C;
Class F — Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class C;
Class M — Motorcycles, motor driven cycles, and three-wheeled motorcycles equipped with handlebars for directional control;
Class P — Instruction permit applicable to all types of vehicles for which an applicant desires a driver’s license but is not presently licensed to drive.
-
Any applicant for a Class E or Class F license must possess a valid Georgia driver’s license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver’s license.
40-5-24.Instruction permits; graduated licensing and related restrictions; temporary licenses.¶
-
-
- Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination referred to in Code Section 40-5-27 other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of two years when accompanied by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. 2. Notwithstanding the provisions of subparagraph (A) of this paragraph, any person holding a valid Class C instruction permit may drive a Class C motor vehicle when accompanied by a disabled parent or guardian who has been issued an identification card containing the international handicapped symbol pursuant to Article 8 of this chapter.
- This subsection does not apply to instruction permits for the operation of motorcycles.
-
-
-
-
Except as provided in subparagraph (B) of this paragraph, any resident of this state who is at least 16 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D driver’s license to operate a noncommercial Class C vehicle if such resident has:
1. For a period of not less than 12 consecutive months prior to making application for a Class D driver’s license, not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets in violation of Code Section 40-6-186, using a motor vehicle in fleeing or attempting to elude an officer in violation of Code Section 40-6-395, reckless driving in violation of Code Section 40-6-390, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57; and 2. Completed the requisite courses and supervised driving experience set forth in subsection (a.2) of Code Section 40-5-22.
-
Any resident at least 17 years of age who has at any age surrendered to the department a valid instruction permit or driver’s license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or driver’s license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or driver’s license toward meeting the eligibility requirements for a Class D driver’s license the same as if such previously issued permit or driver’s license were an instruction permit issued under subsection (a) of this Code section.
-
-
The department shall, after all applicable requirements have been met, issue to the applicant a Class D driver’s license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:
- Any Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 12:00 Midnight and 5:00 A.M. eastern standard time or eastern daylight time, whichever is applicable; and
-
- Any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver’s immediate family are less than 21 years of age.
- During the six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when any other passenger in the vehicle is not a member of the driver’s immediate family.
-
Notwithstanding the provisions of division (i) of this subparagraph, during the second six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than one other passenger in the vehicle who is not a member of the driver’s immediate family is less than 21 years of age;
provided, however, that a Class D license holder shall not be charged with a violation of this paragraph alone but may be charged with violating this paragraph in addition to any other traffic offense.
-
For purposes of this paragraph, the term “immediate family” shall include the license holder’s parents and stepparents, grandparents, siblings and stepsiblings, children, and any other person who resides at the license holder’s residence.
- A person who has been issued a Class D driver’s license under this subsection and has never been issued a Class C driver’s license under this chapter will become eligible for a Class C driver’s license under this chapter only if such person has a valid Class D driver’s license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C driver’s license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets in violation of Code Section 40-6-186, using a motor vehicle in fleeing or attempting to elude an officer in violation of Code Section 40-6-395, reckless driving in violation of Code Section 40-6-390, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years of age; provided, however, that any person at least 17 years of age who provides proof of military enlistment and meets all other qualifications of this paragraph, except that such person has held a Class D driver’s license for a period of less than 12 consecutive months, shall be eligible for a Class C driver’s license.
-
-
Any resident of this state who is at least 17 years of age may apply to the department for a noncommercial Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this subsection except for age who has completed a driver education training course may apply for a Class M motorcycle instruction permit. A motorcycle instruction permit shall not be valid when carrying passengers, on a limited access highway, or at night.
-
Any resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes E and F. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a driver’s license for Classes E and F, the applicant shall pass a knowledge and skill test for driving a Class E or F vehicle as provided by the commissioner.
-
The department shall issue a temporary driver’s permit to an applicant for a driver’s license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicant’s eligibility to receive a driver’s license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicant’s license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal.
40-5-25.Applications; fees; provisions for voluntary participation in various programs.¶
-
Every application for an instruction permit or for a driver’s license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Board of Driver Services, not to exceed:
-
For instruction permits for Classes C, E, F, and M drivers’ licenses and for Class D drivers’ licenses $ 10.00 (2) For five-year Classes C, E, F, and M noncommercial drivers’ licenses 20.00 (2.1) For eight-year Classes C, E, F, and M noncommer- cial drivers’ licenses 32.00 (3) For application for Classes A, B, C, and M commer- cial drivers’ licenses or a Class P commercial driver’s instruction permit 35.00 (4) For Class P commercial drivers’ instruction permits for Classes A, B, C, and M commercial drivers’ licenses 10.00 (5) For up to five year Classes A, B, C, and M commer- cial drivers’ licenses, initial issuance requiring a road test 70.00 (5.1) For eight-year Classes A, B, C, and M commercial drivers’ licenses, initial issuance requiring a road test 82.00 (6) For up to five year Classes A, B, C, and M commer- cial drivers’ licenses, initial issuance not requir- ing a road test 20.00 (6.1) For eight-year Classes A, B, C, and M commercial drivers’ licenses, initial issuance not requiring a road test 32.00 (7) For renewal of up to five year Classes A, B, C, and M commercial drivers’ licenses 20.00 (7.1) For renewal of eight-year Class A, B, C, and M commercial drivers’ licenses 32.00 (7.2) For renewal of up to five year Classes C, E, F, and M noncommercial drivers’ licenses 20.00 (7.3) For renewal of eight-year Classes C, E, F, and M noncommercial drivers’ licenses 32.00 (8) Initial issuance of Classes A, B, C, and M commer- cial drivers’ licenses and Class P commercial drivers’ instruction permits shall include all en- dorsement fees within the license fee. Each en- dorsement added after initial licensing 5.00
Click to view
The commissioner may by rule provide incentive discounts in otherwise applicable fees reflecting cost savings to the department where a license is renewed by means other than personal appearance. The discount for renewal of a Class C or Class M license and any other discounts shall be as determined by the commissioner. Except as provided in Code Section 40-5-36, relating to veterans’ licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver’s license or a commercial driver’s license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any driver’s license solely due to a change of the licensee’s name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within the period for which the license was originally issued. Any application for the replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the licensee’s name or address submitted within 150 days of the expiration of said license shall be treated as an application for renewal subject to the applicable license fees as set forth in this subsection. The maximum period for which any driver’s license shall be issued is eight years.
-
-
- Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, E, F, or M driver’s license shall pay the applicable license fee prior to attempting the knowledge test for the instruction permit sought when the knowledge test is to be administered by the department. If said person fails to achieve a passing score on the knowledge test, the license fee paid shall be considered a testing fee and retained by the department. Any person failing to achieve a passing score on the knowledge test for an instruction permit shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee.
- The department shall waive the license fee for each person applying for a Class P noncommercial instruction permit for a Class C driver’s license when the noncommercial knowledge test is to be administered by a driver training school or public or private high school authorized to administer such tests as provided for in subsection (d) of Code Section 40-5-27.
- Each person applying for a Class A, B, or C commercial driver’s license shall pay the applicable license fee at the time that he or she schedules his or her appointment for said skills test. If said person fails to appear for his or her scheduled skills test appointment or fails to achieve a passing score on the skills test, the license fee paid shall be considered a testing fee and retained by the department. The person shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. All fees retained by the department pursuant to this Code section shall be remitted to the general fund.
-
Every such application shall state the full legal name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicant’s identity, competence, and eligibility. The application shall include any other information as required by paragraph (1) of subsection (a.1) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicant’s record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications.
-
- The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia.
- The department shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization information provided for in Article 6 of Chapter 5 of Title 44, the “Georgia Revised Uniform Anatomical Gift Act,” including the name, license number, date of birth, gender, and most recent address of any person eligible pursuant to Code Section 44-5-142 who obtains an organ donor driver’s license; provided, however, that the gender information shall be made available only to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs of providing such information. Information so obtained by such organizations and centers shall be used for a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated.
-
- The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding blindness and to address the need for blindness prevention screenings, treatments, and rehabilitation for the benefit of the citizens of Georgia.
-
Each application form for issuance, reissuance, or renewal of a driver’s license under subsection (a) of this Code section shall include language permitting the applicant to make a voluntary contribution of $1.00 to be used for purposes of preventing blindness and preserving the sight of residents of this state. Any such voluntary contribution shall be made at the discretion of the applicant at the time of application in addition to payment of the license fee required under this Code section.
-
Voluntary contributions made pursuant to this subsection shall be transmitted to the Department of Public Health for use thereby in providing the blindness education, screening, and treatment program provided by Code Section 31-1-23.
- This subsection shall become effective on January 1, 2000.
-
The General Assembly finds that it is in the best interests of this state to encourage alcohol and drug education to inform young people of the dangers involved in consuming alcohol or certain drugs while operating a motor vehicle. The General Assembly further finds that parental or guardian involvement in an alcohol and drug awareness program will assist in reducing the number of young persons involved in driving under the influence of drugs or alcohol. To promote these purposes, where a parent or guardian successfully participates in the parent-guardian component of the alcohol and drug course required by subsection (a.2) of Code Section 40-5-22 as prescribed in subsection (b) of Code Section 20-2-142, each parent or guardian shall be entitled to a one-time three-year online motor vehicle report.
40-5-26.Applications of minors; revocation request of minor’s instruction permit or license; distinctive licenses for persons under 21.¶
-
-
The application of any person under the age of 18 years for an instruction permit or driver’s license shall be:
1. Signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult; or
- Signed and verified by a licensed driver training instructor before a person authorized to administer oaths when such instructor is acting as an agent for such purposes on behalf of the father, mother, or guardian of the applicant and such agency is evidenced by permission of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths and on such form as shall be prescribed by rule or regulation of the department.
- Signed and verified by a licensed driver training instructor before a person authorized to administer oaths when such instructor is acting as an agent for such purposes on behalf of the father, mother, or guardian of the applicant and such agency is evidenced by permission of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths and on such form as shall be prescribed by rule or regulation of the department.
-
-
A person who signed and verified a minor’s successful application for an instruction permit or driver’s license may subsequently during such minority request revocation of the minor’s instruction permit or driver’s license by written notice to the department on such form as specified thereby, signed and verified before a person authorized to administer oaths. If the request for revocation is submitted by a licensed driver training instructor acting as an agent on behalf of the father, mother, or guardian of the applicant, such agency must be evidenced by permission for the revocation of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths. Upon receipt of such request and payment of a fee in an amount equivalent to that which was required for issuance of the instruction permit or driver’s license, and after a mandatory three business day waiting period, during which the request for revocation may be withdrawn but the fee shall not be returned, the department shall revoke the minor’s instruction permit or driver’s license.
-
A minor whose instruction permit or driver’s license has been revoked under this paragraph shall not be eligible for issuance of another instruction permit or driver’s license until he or she reaches 18 years of age, unless consent for issuance of an instruction permit or driver’s license has been granted as provided by subparagraphs (A) and (B) of paragraph (1) of this subsection upon application of the minor made not sooner than three months after the effective date of revocation.
- The provisions of Code Section 40-5-62 shall not apply to a person whose instruction permit or driver’s license has been revoked under this paragraph.
- A revocation of a minor’s instruction permit or driver’s license under this paragraph shall not be deemed a revocation for purposes of any increase in insurance rates or cancellation of any policy of motor vehicle insurance for which the minor is not the sole named insured, but such a policy may be amended so as to remove such minor from the list of named insureds under such policy.
-
-
-
The department shall, by rule and regulation, provide that all licenses issued to applicants under 21 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 21 years of age, the holder of any such distinctive license may obtain a new license which shall not be distinctive. Such new license shall be obtained in the same manner and under the same conditions and limitations as are provided in Code Section 40-5-32, relating to renewals of licenses.
40-5-27.Examination of applicants.¶
-
-
The department shall examine every applicant for a driver’s license, except as otherwise provided in this Code section. Such examination shall include a test of the applicant’s eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive.
-
The on-the-road driving test requirement shall not apply to any applicant for a Class C driver’s license who holds a Class D driver’s license issued on or after January 1, 2002.
-
Neither the on-the-road driving test nor the knowledge test shall apply to:
-
An applicant 18 years of age and older with a valid and current license, or a license that has been expired for less than two years, issued by another state of the United States or the District of Columbia; or
-
An applicant who is a citizen of a foreign country or political subdivision of a foreign country with which the commissioner has entered into a reciprocal agreement pursuant to subsection (c) of Code Section 40-5-5.
-
-
The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant’s fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license.
-
-
The department shall make provision for giving an examination either in the county where the applicant resides or at another place reasonably convenient to the applicant. The examination, with the exception of those required for a commercial driver’s license, commercial driver’s license permit, or noncommercial Class A, B, or M license, shall be given at least once each month in each county of the state.
-
-
Except as provided in paragraphs (2), (3), and (4) of this subsection, no noncommercial driver’s license shall be issued to any person who does not have a visual acuity of 20/60, corrected or uncorrected, in at least one eye or better and a horizontal field of vision with both eyes open of at least 140 degrees or, in the event that one eye only has usable vision, horizontal field of vision must be at least 70 degrees temporally and 50 degrees nasally.
-
A person whose visual acuity is less than 20/60 but better than 20/200 using spectacles, contact lenses, or the carrier portion of bioptic spectacles shall be considered eligible for a driver’s license if the person is not otherwise disqualified from having a driver’s license under the provisions of this article and if:
- The person can attain a visual acuity of at least 20/60 through utilizing bioptic telescopes;
- The telescopes are prescribed by a licensed optometrist or ophthalmologist;
- The person presents documentation of having satisfactorily completed training in the use of the bioptic telescope as certified by the prescribing doctor;
- The person presents documentation of an on-the-road evaluation and having satisfactorily completed any recommended training in driving while using bioptic telescopes from a certified driver’s license examiner;
- The person completes a standard driver’s education course while using the bioptic telescopes subsequent to completing evaluation or training with a driver’s license examiner; and
- The person presents said documentation to a department operated test site and passes a driver’s test examination administered by the department.
-
A person who is licensed to drive using bioptic telescopes shall be subject to possible restrictions placed on his or her license as determined and recommended by the prescribing optometrist or ophthalmologist or the driver’s license examiner. Any recommended restrictions shall be reported to the department in writing at the time the person presents himself or herself for a driver’s test examination. Restrictions may include daylight driving only, outside rearview mirrors, certain area and time restrictions, no interstate driving, yearly reevaluations by an optometrist or ophthalmologist, and other such restrictions. Any restrictions shall be eligible for review and reconsideration after one year by completing all of the steps described in subparagraphs (A) through (F) of paragraph (2) of this subsection, including completing any additional possible testing under special conditions, as determined by the optometrist or ophthalmologist.
-
The user of a bioptic telescope shall require renewal of his or her license every four years. However, the person must be reevaluated at least biennially by an optometrist or ophthalmologist. A certification by the optometrist or ophthalmologist that the user’s visual acuity, visual field, and eye health remain stable shall be presented to the department at the time of the biennial eye examination. In the event that changes in vision are determined, the person’s license shall expire and the person must successfully repeat all of the steps described in subparagraphs (A) through (F) of paragraph (2) of this subsection in order to have his or her license reinstated. If no significant changes occur in the user’s vision at the second biennial examination in a license renewal cycle, the user’s license shall be renewed without the necessity of a road test examination or any further eyesight examination.
-
-
The department shall authorize driver training schools qualified pursuant to the provisions of this subsection to conduct knowledge tests, on-the-road driving tests, and other tests required for issuance of a driver’s license; provided that any driver training school authorized to conduct such tests shall continue to provide driver education training courses on a full-time basis during any period of time such school is authorized to conduct testing.
-
The department shall authorize a driver training school which has been licensed for a minimum of two years and conducted driver education training courses on a full-time basis for at least two years to administer the on-the-road driving testing provided for in this Code section, provided that:
- An applicant under 18 years of age has successfully completed:
- A driver education training course which includes a minimum of 30 class hours of instruction; and
- Six hours of private in-car instruction provided by a licensed instructor employed by the driver training school administering such on-the-road driving test.
- An applicant 18 years of age or older has successfully completed a minimum of six hours of private in-car instruction provided by a licensed instructor employed by the driver training school administering such on-the-road driving test.
- An applicant under 18 years of age has successfully completed:
-
The department shall authorize a driver training school which has administered the on-the-road driving test as provided for in subparagraph (A) of paragraph (1) of this subsection for five years or more to administer the on-the road driving test to any applicant 17 years of age or older; provided, however, that any driver training school which had administered the on-the-road driving test as provided for in subparagraph (A) of paragraph (1) of this subsection for at least two years on January 1, 2021, shall be authorized to administer the on-the road driving test to any applicant 17 years of age or older.
- The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class P instruction permit, Class C driver’s license, or Class D driver’s license under this Code section.
- The department may authorize public and private high schools to conduct knowledge tests required for issuance of a Class P instruction permit or Class D driver’s license or both.
-
40-5-28.Issuance and contents of licenses; county tag agents; Class E and Class F licenses for volunteer firefighters.¶
- Except as provided in subsection (c) of this Code section, the department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver’s license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a photograph of the licensee, the licensee’s full legal name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. A license issued pursuant to this subsection shall be in a physical format and, upon election of the applicant, an additional electronic format which is capable of being viewed upon a wireless telecommunications device as such term is defined in Code Section 40-6-241. The department shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application.
- The commissioner may determine the location and manner of issuance of drivers’ licenses. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents, if they so agree, as agents of the department for this purpose and may authorize the issuance of drivers’ licenses by county tag agents. No county tag agent shall be required to issue or renew drivers’ licenses unless such county tag agent agrees in writing to perform such functions. No county tag agent shall be required to issue or renew drivers’ licenses for residents of any county other than the residents of the county for which he or she serves as tax commissioner.
-
The department shall make available to qualified applicants who are also volunteer firefighters Class E and Class F drivers’ licenses without charge. In order to receive the Class E or Class F endorsement without payment of a fee, the applicant shall provide:
-
A copy of his or her firefighter certification indicating that he or she is currently a certified firefighter in good standing; and
-
A letter signed by the chief executive officer of the public entity he or she serves which letter appears on such political entity’s official agency letterhead and provides that he or she is a volunteer firefighter for such public entity.
The provisions of this subsection shall apply to both original and renewal applicants for Class E and Class F licenses, as these classes are identified in Code Section 40-5-23.
-
40-5-28.1.Use of social security numbers.¶
No license or permit issued or renewed on or after January 1, 2007, pursuant to this article shall contain the social security number of the licensee or permit holder.
40-5-29.License to be carried and exhibited on demand.¶
-
Every licensee shall have his or her driver’s license in his or her immediate possession at all times when operating a motor vehicle. Any person who has a receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement of his or her driver’s license in his or her immediate possession shall be considered to have such license in his or her immediate possession if such is confirmed to be valid by the department or through the Georgia Crime Information Center. The department may establish by rule and regulation the term of such receipt. Notwithstanding the foregoing, no receipt issued by the department shall be accepted as proof of such person’s identity for any other purpose, including but not limited to proof of voter identification or proof of age for purposes of purchasing alcoholic beverages.
-
-
Every licensee shall display his or her license upon the demand of a law enforcement officer. When records of the department indicate that a license has been issued in an electronic format, a law enforcement officer may demand such display be made by physical format. In such instances, if a law enforcement officer demands display of the physical format, the licensee shall not be compelled to display an electronic format of his or her license nor release his or her wireless telecommunications device to the officer. A refusal to comply with such demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section 40-5-20.
-
Any person utilizing a wireless telecommunications device to display his or her license in electronic format in order to comply with subsection (a) of this Code section shall not be considered to have consented to a search of such device by a law enforcement officer.
- For purposes of this subsection, the term “wireless telecommunications device” shall have the same meaning as provided in Code Section 40-6-241.
-
-
A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he or she produces in court a license theretofore issued to him or her and valid at the time of his or her arrest.
40-5-30.Restricted licenses.¶
- Upon issuing a driver’s license, the department shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee’s driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The commissioner may promulgate such rules and regulations as are necessary to implement this Code section.
- The department may either issue a special restricted license or set forth such restrictions upon the usual license form.
-
No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her; provided, however, that at the time of the hearing on such offense, if such person was charged with driving in violation of a restriction requiring that he or she wear eyeglasses or contact lenses, such person shall not be guilty of such offense if he or she presents the trial court with admissible medical or other evidence sufficient to demonstrate to the satisfaction of the trial court that he or she no longer suffers from the vision condition that resulted in the imposition of such restriction.
-
Upon a person being convicted of a violation of this Code section, the court may order the department to suspend such person’s license for a period not to exceed six months. The court shall determine the length of such suspension and shall report such suspension and the length thereof to the department. The department shall reinstate the license at the end of the suspension period upon receipt of a reinstatement fee of $210.00 or $200.00 if paid by mail.
40-5-31.Replacement permits or licenses.¶
-
In the event that an instruction permit or a driver’s license issued under this chapter is lost or destroyed, the person to whom the same was issued may upon payment of the required fee and upon furnishing proof satisfactory to the department that such permit has been lost or destroyed:
- Obtain a new permit or license; or
-
Obtain a replacement permit or license.
A new permit obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-24. A new license obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-32, relating to renewals of licenses. A replacement permit or license obtained under this Code section shall be issued only for the remaining period for which the original permit or license was issued for a fee of $10.00, and no examination or eyesight test shall be required to obtain such replacement permit.
-
The department shall issue a temporary permit or driver’s license to each individual who has lost by misplacement, and not by revocation or suspension, his or her instruction permit or driver’s license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced. In lieu of the applicant’s signature on a form, any application for the issuance of a replacement license submitted electronically shall contain an acknowledgment and attestation under penalty of perjury that he or she meets each requirement of this Code section.
-
A temporary permit or license issued pursuant to this Code section shall be valid for 30 days but may be renewed in the event the applicant’s new permit or license has not been received within such time.
-
Any person who falsely swears or falsely makes the oath provided for in subsection (b) of this Code section shall be guilty of a misdemeanor.
40-5-32.Expiration and renewal of licenses; reexamination required.¶
-
-
Except as otherwise provided in this Code section, every driver’s license shall expire on the licensee’s birthday in the eighth year following the issuance of such license. Notwithstanding the foregoing, any commercial driver’s license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licensee’s security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security.
-
Except as otherwise provided by subsection (c) of this Code section, every veteran’s, honorary, or distinctive license shall expire on the licensee’s birthday in the eighth year following the issuance thereof. The department may allow a veteran, honorary, or distinctive license holder to retain his or her expired veteran’s, honorary, or distinctive license as a souvenir.
-
Every driver’s license shall be renewed on or before its expiration date upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required by subsection (c) of this Code section. Nothing in this Code section shall be interpreted as affecting the rights and privileges of any person holding a veteran’s, honorary, or distinctive license, or authorizing the imposition of a charge or fee for the issuance or renewal of such licenses.
-
The commissioner shall issue such rules and regulations as are required to enforce this subsection.
-
-
An application for driver’s license renewal may be submitted by means of:
- Personal appearance before the department; or
- Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to licensees, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing drivers’ licenses under this paragraph from the license surrender requirement of subsection (c) of Code Section 40-5-20.
-
- The department shall require every person who is age 64 or older applying for issuance or renewal of a driver’s license to take and pass successfully such test of his or her eyesight as the department shall prescribe.
- The commissioner may issue such rules and regulations as are necessary to implement this subsection.
40-5-33.Change of address or name.¶
Whenever any person, after applying for or receiving a driver’s license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person shall apply to the department for a license showing the correct name or address within 60 days. Failure to change the name or address shall not deem the license invalid. The commissioner may determine the locations at which applications shall be accepted for applications due to change of name or address. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents, if they so agree, as agents of the department for this purpose.
40-5-34.Driver License Advisory Board.¶
-
The commissioner is authorized to appoint a Driver License Advisory Board.
-
The Driver License Advisory Board shall advise the commissioner on medical criteria and vision standards relating to the licensing of drivers under this chapter.
-
If the department has cause to believe that a licensed driver or applicant may not be physically or mentally qualified to be licensed, it may obtain the advice of the Driver License Advisory Board. The Driver License Advisory Board may formulate its advice from records and reports or may cause an examination and report to be made by one or more members of the Driver License Advisory Board or any other qualified person it may designate. The licensed driver or applicant may cause a written report to be forwarded to the Driver License Advisory Board by a person of his choice who is licensed under Chapter 30 of Title 43 and Article 2 of Chapter 34 of Title 43 to diagnose and treat disorders of humans. Such report shall be given due consideration by the Driver License Advisory Board.
-
Members of the Driver License Advisory Board and other persons making examinations shall not be held liable for their opinions and recommendations presented pursuant to subsection (c) of this Code section.
-
Reports received or made by the Driver License Advisory Board or its members for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the Driver License Advisory Board or the department and may not be divulged to any person or used as evidence in any trial except that the reports may be admitted in proceedings under subsection (c) of Code Section 40-5-59 and Code Section 40-5-66, and any person conducting an examination pursuant to subsection (c) of this Code section may be compelled to testify concerning his observations and findings in such proceedings.
40-5-35.Disqualifying disorders and disabilities; reports by physicians and vision specialists; procedure when person found unqualified to be licensed.¶
-
The Driver License Advisory Board appointed by the department shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this Code section, and the commissioner may use these definitions to promulgate regulations making such disorders and disabilities disqualifications, under certain conditions, for obtaining or keeping a driver’s license for any class or classes of vehicles; provided, however, that a person shall not be disqualified from obtaining a noncommercial Class C driver’s license for having had an episode of lapsed or altered consciousness due to epilepsy unless such an episode occurred within the immediately preceding six-month period.
-
All physicians licensed under Article 2 of Chapter 34 of Title 43 to diagnose and treat disorders and disabilities defined by the commissioner may report to the department the full name, date of birth, and address of any person with a disability which would render such person incapable of operating a motor vehicle safely.
-
All other persons licensed under Chapter 30 of Title 43 to diagnose and treat disorders defined by the commissioner may report to the department the full name, date of birth, and address of any person with a disability which would render such person incapable of operating a motor vehicle safely.
-
The reports required by this Code section shall be confidential and shall be used solely for the purpose of determining the qualifications of any person to drive a motor vehicle on the highways of this state. No civil or criminal action may be brought against any person or agency for providing the information required in this Code section. The reports, or any reference to the reports, shall not be included in any abstract prepared pursuant to Code Section 40-5-2.
-
Reports received or made by the Driver License Advisory Board or its members for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the Driver License Advisory Board or the department and may not be divulged to any person or used as evidence in any civil or criminal trial, except that the reports may be admitted in proceedings conducted pursuant to this Code section and Code Section 40-5-66.
-
Whenever the department shall determine that a person is unqualified to be licensed, the department shall inform such person in writing and give him an opportunity to request a hearing, in writing, within 15 days. If no hearing is requested within the 15 day period as specified in this subsection, the right to this hearing shall be waived and the license of the person shall be revoked. The person may request an opinion of the Driver License Advisory Board as provided in subsection (c) of Code Section 40-5-34. The department may not grant any exceptions to any regulations issued pursuant to subsection (a) of this Code section. The scope of the hearing shall determine, upon evidence and testimony submitted, if the driver is competent to drive a motor vehicle as defined in this title. No driving privileges shall be revoked unless the department shows that the driver had disorders characterized by lapses of consciousness or other mental or physical disabilities affecting his ability to drive safely. The hearing shall be informal and an appeal shall be as provided for in Code Section 40-5-66.
40-5-36.Veterans’ licenses, honorary licenses, and other distinctive licenses.¶
- Except as specifically provided in this chapter, no part of this chapter shall be interpreted as affecting the rights and privileges of a person holding a veteran’s, honorary, or distinctive license, and nothing in this chapter shall be construed so as to authorize the department to impose any charge or fee of any type whatsoever for the issuance or renewal of a veteran’s, honorary, or distinctive license; provided, however, that the commissioner may issue regulations on types and classes of vehicles which may be operated by the holder of such license.
-
The commissioner shall establish by rules and regulations the proof required to be produced by an applicant for a veteran’s, honorary, or distinctive license. The contents of such license shall be the same as for any other license. The forms upon which such licenses are issued shall be such that the licenses are of a permanent nature, provided that nothing in this subsection shall authorize the department to require any person holding a veteran’s or honorary license before January 1, 1976, to surrender such license. Veterans’, honorary, and distinctive licenses shall not be subject to any fees.
-
Veterans’ licenses may be issued to:
- Veterans who are residents of Georgia at the time of application for the license who served in the active military, naval, or air service and who were discharged or released therefrom under conditions other than dishonorable;
- All members or former members of the National Guard or reserve forces who served on active duty or who have 20 or more years’ creditable service therein; and
- Veterans who are United States citizens and residents of this state at the time of application for the license and who served on active duty in the armed forces of an ally of the United States during wartime or any conflict when personnel were committed by the President of the United States, whether or not such veteran was assigned to a unit or division which directly participated in such war or conflict and who were discharged or separated under honorable conditions.
-
Honorary licenses may be issued to:
- A resident of Georgia who is the surviving spouse of a veteran as defined by paragraph (1) of subsection (c) of this Code section. Any license to such spouse shall be valid only as long as that person remains unmarried; or
- A resident of Georgia who is the spouse of a veteran who would be qualified to receive a veteran’s license but who is disabled to the extent that he or she cannot operate a motor vehicle.
-
A distinctive license may be issued to any member of the Georgia National Guard in good standing who has completed at least one year of satisfactory service. The department shall have the authority to cancel the distinctive license of any person upon receipt of written notice from the adjutant general who shall notify the department that the person is no longer a member of the Georgia National Guard in good standing.
40-5-37.Expiration of active duty service members’ licenses.¶
- As used in this Code section, the term “service member” means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who is on ordered federal duty for a period of 90 days or longer.
- Any service member whose Georgia driver’s license expired while such service member was serving on active duty outside the state shall be permitted to operate a motor vehicle in accordance with such expired license and shall not be charged with a violation of Code Section 40-5-20 for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the department either a copy of the official military orders or a written verification signed by the service member’s commanding officer to waive charges.
40-5-38.Notation of post traumatic stress disorder.¶
-
Members of the armed services and veterans who have been diagnosed with post traumatic stress disorder may request to have a notation of such diagnosis placed on his or her driver’s license. Such applicant shall present the department with a sworn statement from a person licensed to practice medicine or psychology in this state verifying such diagnosis.
-
The commissioner shall by rules and regulations establish procedures necessary to carry out the provisions of this Code section including, without limitation, application forms to include a waiver of liability for the release of any medical information and an appropriate symbol to be placed on the drivers’ licenses.
40-5-39.Requirements for operation of a motor vehicle for hire; for-hire license endorsements and eligibility; term; background checks.¶
-
No person shall operate a motor vehicle for hire in this state unless such person:
-
Has a for-hire license endorsement pursuant to this Code section and has liability insurance coverage in the amounts required by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable; or
-
Has a private background check certification pursuant to this Code section and has liability insurance coverage in the amounts required by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable.
This shall include, but not be limited to, ride share drivers and persons operating motor vehicles for limousine carriers and taxicabs for taxi services.
-
-
The department shall provide a for-hire license endorsement for any qualified person under this Code section. In order to be eligible for such endorsement, an applicant shall:
- Be at least 18 years of age;
- Possess a valid Georgia driver’s license which is not limited as defined in Code Section 40-5-64 or 40-5-64.1;
- Not have been convicted, been on probation or parole, or served time on a sentence for a period of seven years previous to the date of application for any felony or any other crime of moral turpitude or a pattern of misdemeanors that evidences a disregard for the law unless he or she has received a pardon and can produce evidence of same. For the purposes of this paragraph, a plea of nolo contendere shall be considered to be a conviction, and a conviction for which a person has been free from custody and free from supervision for at least seven years shall not be considered a conviction unless the conviction is for a dangerous sexual offense which is contained in Code Section 42-1-12 or the criminal offense was committed against a victim who was a minor at the time of the offense;
-
Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and
-
Be a United States citizen or, if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law.
-
Such endorsement shall be valid for the same term as such person’s driver’s license, provided that each person seeking renewal of a driver’s license with such endorsement shall submit to a review of his or her criminal history for verification of his or her continued eligibility for such endorsement prior to making application for such renewal using the same process set forth in subsection (b) of this Code section. If such person no longer satisfies the background requirements set forth herein, he or she shall not be eligible for the inclusion of such endorsement on his or her driver’s license, and it shall be renewed without the endorsement.
-
Every person who operates a motor vehicle for hire in this state shall have his or her Georgia driver’s license with the prescribed for-hire license endorsement in his or her possession at all times while operating a motor vehicle for hire in this state or shall have his or her Georgia driver’s license and a private background check certification pursuant to subsection (e) of this Code section in his or her possession. Such driver’s license with a for-hire endorsement or such driver’s license and private background check certification shall be presented to a law enforcement officer upon request by such officer.
-
-
A person operating a motor vehicle for hire in this state may obtain a private background check in lieu of obtaining a for-hire endorsement. Such background check shall be conducted by the taxi service, limousine carrier, or ride share network service that employs such driver.
-
The taxi service, limousine carrier, or ride share network service shall require such person to submit an application to the taxi service, limousine carrier, or ride share network service which includes, but is not limited to, information regarding such person’s address, age, driver’s license information and number, driving history, motor vehicle registration, automobile liability insurance, and other information necessary to complete a background check on such person.
-
The taxi service, limousine carrier, or ride share network service shall conduct or cause to be conducted a local and national criminal background check on such person which shall include:
-
A search of a multistate, multijurisdiction criminal records locator or similar nation-wide data base with validation or primary source search;
-
A search of the national sex offender registry data base; and
-
The obtaining and review of a driving history research report.
-
-
The taxi service, limousine carrier, or ride share network service shall review the background check and issue a private background check certification to such person; provided, however, that no such certification shall be issued to a person whose background check discloses that such person:
-
Has had more than three moving violations in the prior three-year period or has one major traffic violation, as such term is defined in Code Section 40-5-142, in the prior three-year period;
-
Has been convicted within the past seven years of driving under the influence of drugs or alcohol or has been convicted at any time of fraud, a sexual offense, the use of a motor vehicle to commit a felony, a crime involving property damage, a crime involving theft, a crime involving an act of violence, or a crime involving an act of terror;
- Has a match on the national sex offender registry data base;
-
Does not have a valid driver’s license;
-
If such person will be using such person’s vehicle as the motor vehicle to be operated for hire, does not possess proof of registration for such vehicle;
- Does not possess proof of liability insurance coverage in such amounts as provided by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable; and
- Is not at least 18 years of age.
-
-
Such private background check certification shall be issued in written form or in a form which may be displayed electronically on a smartphone. A digital identification properly issued pursuant to subsection (d) of Code Section 40-1-193 shall constitute sufficient certification of a private background check. Such private background check certification shall be valid for a period of five years from the date of its issuance.
-
-
The department is authorized to promulgate rules and regulations as necessary to implement this Code section.
- Any person who violates the provisions of this Code section shall be guilty of a misdemeanor.
Article 3 Cancellation, Suspension, and Revocation of Licenses {#t40c05a03}
- 40-5-50. Authority of department to cancel license or identification card.
-
40-5-52. Suspension of license or operating privilege for conduct in another state.
-
40-5-54. Mandatory suspension of license; notice of suspension.
- 40-5-54.1. Denial or suspension of license for noncompliance with child support order.
-
40-5-57.2. Suspension of license for reckless stunt driving.
- 40-5-57.3. Penalty for multiple convictions of causing serious injury due to right of way violations.
- 40-5-58. Habitual violators; probationary licenses.
- 40-5-59. Reexamination of drivers believed to be incompetent or unqualified.
- 40-5-60. When revocation or suspension effective; notice.
- 40-5-61. Surrender and return of license; time served under such sentence credited toward fulfillment of period of revocation or suspension.
- 40-5-62. Periods of revocation; time served under such sentence credited toward fulfillment of period of revocation; conditions to restoration of license or issuance of new license.
- 40-5-63. Periods of suspension for certain convictions of Code Section 40-5-54 or 40-6-391; conditions to return of license.
-
40-5-63.1. Clinical evaluation and substance abuse treatment programs for certain offenders.
-
40-5-64.1. Ignition interlock device limited driving permits.
- 40-5-64.2. [Repealed] Report on issuance of optional ignition interlock device limited driving permits.
- 40-5-65. Restriction as to operation under foreign license during period of revocation or suspension.
- 40-5-66. Appeals from decisions of department.
- 40-5-67.2. Terms and conditions for implied consent license suspension; administrative license suspensions in relation to post-conviction suspension; eligibility for limited driving permit or ignition interlock device limited driving permit.
- 40-5-68. [Reserved] Suspension of licenses by operation of law for failure to complete alcohol or drug program.
-
40-5-69. Circumstances not affecting suspensions by operation of law.
- 40-5-71. [Reserved] Notice of insurance issuance, renewal, or termination; lapse fee; suspension of license following insurance termination; restricted driving permits.
-
40-5-72. Forwarding of license, tag, and tag registration to department; notice; penalty.
- 40-5-74. Defacement or alteration of seized license prohibited.
40-5-50.Authority of department to cancel license or identification card.¶
The department is authorized to cancel any driver’s license or personal identification card issued by the department pursuant to Code Section 40-5-100 upon determining that the holder of such license or identification card was not entitled to the issuance thereof under this chapter or failed to give the required or correct information in the application for such license or identification card.
40-5-51.Suspension of driving privilege of nonresident; reporting convictions, suspensions, and revocations of nonresidents.¶
- The privilege of driving a motor vehicle on the highways of this state given to a nonresident under this chapter shall be subject to suspension or revocation by the department only when suspension or revocation is required by law for the violation. No points shall be assessed as provided in Code Section 40-5-57 for any violation committed by a nonresident.
-
The department is required, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
-
When a nonresident’s operating privilege is suspended or revoked, the department shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides.
40-5-52.Suspension of license or operating privilege for conduct in another state.¶
- The department shall suspend, as provided in Code Section 40-5-63, the license of any resident of this state and may suspend a nonresident’s operating privilege, upon receiving notice of a conviction in another state of an offense described in Code Section 40-5-54 or Code Section 40-6-391 or any drug related offense.
- The department is authorized to suspend or revoke the license of any resident or the operating privilege of any nonresident upon receiving notice of the conviction of such person in another state of an offense other than those described in Code Section 40-5-54 or Code Section 40-6-391 which, if committed in this state, would be grounds for the suspension or revocation of a driver’s license.
- The department may give such effect to the conduct of a resident in another state as is provided by the laws of this state had such conduct occurred in this state.
- Whenever the department has suspended the license of a Georgia resident or refused to issue a driver’s license to any person for conduct that occurred in another state, it shall review the suspension at least once every five years and shall reinstate the license if the department determines that the suspension is no longer warranted and the person would otherwise be eligible for a license.
40-5-53.When courts to send licenses and reports of convictions to department; destruction of license by department; issuance of new license upon satisfaction of certain requirements.¶
-
Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver’s license then held by the person so convicted and the court shall thereupon forward the same to the department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the department shall destroy any suspended or revoked drivers’ licenses, permits, or identification cards forwarded to it under this or any other provision of law. The department shall issue a new driver’s license, permit, or identification card upon satisfaction of the applicable reinstatement requirement, including but not limited to the payment of the applicable reinstatement fee. No additional fee shall be required for the issuance of a replacement driver’s license, permit, or identification card.
-
-
Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state shall transmit the information contained on the uniform citation form by electronic means, using the electronic reporting method approved by the department. Subject to appropriations by the General Assembly, the department shall pay to the clerk of the court forwarding the required report 40¢ for each report transmitted electronically in a timely manner as required in this subsection; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court.
-
Except as otherwise provided for in paragraphs (3) and (4) of this subsection, a report of any conviction received by the department two or more years after the date of final disposition shall be noted on a person’s driving record and such conviction shall be made available in accordance with Code Sections 40-5-2 and 40-5-155. No such conviction shall result in the suspension of a driver’s license as such term is defined in paragraph (17) of Code section 40-5-1, provided that the department determines that two or more years have elapsed since the date the driver’s license was surrendered in accordance with the provisions set forth in subsection (e) of Code Section 40-5-61 and no new driver’s license was subsequently issued.
-
A report of any conviction for an offense covered under Code Section 40-5-54, or Code Sections 40-6-390.1 through 40-6-395, or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395, regardless of the date such report of conviction is received by the department, shall be considered for purposes of revoking a driver’s license in accordance with Code Section 40-5-58.
- Any report of any conviction, regardless of the date such report of conviction is received by the department, shall be considered for purposes of disqualifying a person’s commercial driver’s license, commercial driver instruction permit, or commercial driving privileges in accordance with Code Section 40-5-151.
-
40-5-54.Mandatory suspension of license; notice of suspension.¶
-
The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver’s conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
-
Homicide by vehicle, as defined by Code Section 40-6-393;
-
Any felony in the commission of which a motor vehicle is used;
-
Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270;
-
Racing on highways and streets;
-
Using a motor vehicle in fleeing or attempting to elude an officer; or
-
Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15.
-
-
All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms prescribed by the department of the suspension of the defendant’s driver’s license. The period of suspension shall be determined by the department for the term authorized by law. The court shall forward the notice of suspension and the defendant’s driver’s license to the department within ten days from the date of conviction. The department shall notify the defendant of the period of suspension at the address provided by the defendant.
40-5-54.1.Denial or suspension of license for noncompliance with child support order.¶
-
As used in this Code section, the term:
-
“Agency” means the agency within the Department of Human Services which is responsible for enforcing orders for child support pursuant to this article.
-
“Certificate of mailing” means a delivery method utilized by the United States Postal Service which provides evidence that an item has been sent and the date such item was accepted.
- “Compliance with an order for child support” means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance.
- “Proof of compliance” means the notice of release issued by the agency or court of competent jurisdiction stating that the delinquent obligor is in compliance with an order for child support.
-
-
The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-11-9.3, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support. The department shall send notice of any suspension imposed pursuant to this Code section via certified mail or certificate of mailing to the address reflected on its records as the driver’s mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such driver of the suspension of his or her driver’s license and shall be deemed to satisfy all notice requirements of law, and no further notice to the driver shall be required for the suspensions provided for in this Code section.
- The suspension or denial of an application for issuance or renewal of a license shall be for an indefinite period and until such person shall provide proof of compliance with an order for child support. Such person’s license shall be reinstated if the person submits proof of compliance with an order for child support from the agency or court of competent jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his or her license.
- Any person who receives notice from the agency that his or her license is subject to denial or suspension may request a hearing and appeal as provided for in Code Section 19-6-28.1 or 19-11-9.3. Notwithstanding any provisions of law to the contrary, the hearings and appeal procedures provided for in such Code sections shall be the only such procedures required for purposes of this Code section.
40-5-55.Implied consent to chemical tests.¶
- The State of Georgia considers that any person who drives or is in actual physical control of any moving vehicle in violation of any provision of Code Section 40-6-391 constitutes a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the test or tests shall be administered, provided a blood test with drug screen may be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities.
- Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392.
- As used in this Code section, the term “traffic accident resulting in serious injuries or fatalities” means any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness.
40-5-56.Suspension of license or driving privilege for failure to respond to citation; reinstatement of license.¶
- Notwithstanding any other provisions of this chapter or any other law to the contrary and unless otherwise ordered by the court, the department shall suspend the driver’s license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation may result in the suspension of the violator’s driver’s license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear; provided, however, that the department shall send notice of any suspension imposed pursuant to this Code section via certified mail or certificate of mailing to the address reflected on its records as the person’s mailing address. For purposes of this subsection, the term “certificate of mailing” means a delivery method utilized by the United States Postal Service which provides evidence that an item has been sent and the date such item was accepted.
- The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed or the court orders such person’s driver’s license be reinstated. Such person’s license shall be reinstated when the department receives proof of payment of any fines and penalties or order of reinstatement by the court and the person pays the applicable restoration fee of $100.00 or $90.00 when such reinstatement is processed by mail to the department, unless such fee is waived by the court or otherwise as provided by law. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter.
40-5-57.Suspension or revocation of license of habitually negligent or dangerous driver; point system.¶
-
The State of Georgia considers dangerous and negligent drivers to be a direct and immediate threat to the welfare and safety of the general public, and it is in the best interests of the citizens of Georgia immediately to remove such drivers from the highways of this state. Therefore, the department is authorized to suspend the license of a driver without a preliminary hearing upon a showing by the records of the department or other sufficient evidence that the licensee is a habitually dangerous or negligent driver of a motor vehicle, such fact being established by the point system in subsection (b) of this Code section.
-
For the purpose of identifying habitually dangerous or negligent drivers and habitual or frequent violators of traffic regulations governing the movement of vehicles, the department shall assess points, as provided in subsection (c) of this Code section, for convictions of violations of the provisions of Chapter 6 of this title, of violations of lawful ordinances adopted by local authorities regulating the operation of motor vehicles, and of offenses committed in other states which if committed in this state would be grounds for such assessment. Notice of each assessment of points may be given, but the absence of notice shall not affect any suspension made pursuant to this Code section. No points shall be assessed for violating a provision of state law or municipal ordinance regulating standing, parking, equipment, size, and weight. The department is required to suspend the license of a driver, without preliminary hearing, when his driving record identifies him as a habitually dangerous or negligent driver or as a habitual or frequent violator under this subsection.
-
-
-
Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule: 1. Aggressive driving 6 points (ii) Reckless driving 4 points (iii) Unlawful passing of a school bus 6 points (iv) Improper passing on a hill or a curve 4 points (v) Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour 2 points (vi) Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour 3 points (vii) Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour 4 points (viii) Exceeding the speed limit by 34 miles per hour or more 6 points (ix) Disobedience of any traffic-control device or traffic officer 3 points (x) Too fast for conditions 0 points (xi) Possessing an open container of an alcoholic beverage while driving 2 points (xii) Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident 2 points (xiii) Violation of child safety restraint requirements, first offense 1 point (xiv) Violation of child safety restraint requirements, second or subsequent offense 2 points (xv) First violation of Code Section 40-6-241 1 point (xvi) Second violation of Code Section 40-6-241 2 points (xvii) Third or subsequent violation of Code Section 40-6-241 3 points (xviii) All other moving traffic violations which are not speed limit violations 3 points
Click to view
-
The commissioner shall suspend the driver’s license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24 month period, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained. A second or subsequent plea of nolo contendere, within the preceding five years, as measured from the dates of previous arrests for which pleas of nolo contendere were accepted to the date of the most current arrest for which a plea of nolo contendere is accepted, to a charge of committing an offense listed in this subsection shall be considered a conviction for the purposes of this Code section. At the end of the period of suspension, the violation point count shall be reduced to zero points.
- A court may order a person to attend a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 for any violation for which points are assessed against a driver’s license under this subsection or may accept the attendance by a person at a driver improvement clinic approved by the commissioner pursuant to Code Section 40-5-83 after the issuance of a citation for such offense and prior to such person’s appearance before the court, in which event the court shall reduce the fine assessed against such person by 20 percent, and no points shall be assessed by the department against such driver. The disposition and court order shall be reported to the department and shall be placed on the motor vehicle record with a zero point count. This plea may be accepted by the court once every five years as measured from date of arrest to date of arrest.
- Any points assessed against an individual for exceeding the speed limit shall be deducted from that individual’s accumulated violation point count and the uniform traffic citation issued therefor shall be removed from the individual’s record if:
- Any points assessed against an individual for exceeding the speed limit shall be deducted from that individual’s accumulated violation point count and the uniform traffic citation issued therefor shall be removed from the individual’s record if:
-
The points were assessed based on the use of a radar speed detection device by a county or municipality during a period of time when the commissioner has determined that such county or municipality was operating a radar speed detection device in violation of Chapter 14 of this title, relating to the use of radar speed detection devices; and
-
The commissioner has suspended or revoked the radar speed detection device permit of such county or municipality pursuant to Code Section 40-14-11.
-
-
-
Any person who has such points assessed against him as to require the suspension of his license pursuant to subsection (a) or (b) of this Code section shall have his license suspended as follows:
- Upon a first assessment of the requisite points, the period of suspension shall be one year, provided that at any time after completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license;
- For a second assessment of the requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, the period of suspension shall be three years, provided that at any time after completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license; and
- For a third assessment of requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, such person shall have his license suspended for a period of two years. Such person shall not be eligible for early return of his license or for a limited driving permit as provided in Code Section 40-5-64 during such two-year period.
-
The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the department, from the date a license is surrendered to a court under any provision of this chapter, or on the date that the department processes the citation or conviction, whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit shall be controlling.
-
In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department’s discretion shall be guided by the driver’s past driving record and performance, and the driver shall pay the fee provided for in Code Section 40-5-84 for the return of his or her license.
40-5-57.1.Suspension of licenses of persons under age 21 for certain offenses; surrender of license to court upon conviction; suspension of licenses of persons under age 18 for certain point accumulations; reinstatement of license following suspension.¶
-
Notwithstanding any other provision of this chapter, the driver’s license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57, or a violation of Code Section 40-6-391 shall be suspended by operation of law as provided by this Code section. A plea of nolo contendere shall be considered a conviction for the purposes of this subsection. The court in which such conviction is had shall require the surrender to it of the driver’s license then held by the person so convicted, and the court shall thereupon forward such license and a copy of the disposition to the department within ten days after the conviction. The department shall send notice of any suspension imposed pursuant to this subsection via certified mail to the address reflected on its records as the person’s mailing address.
-
The driver’s license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by subsection (c) of this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, return receipt requested, to the address reflected in the department’s records as the driver’s mailing address or, in lieu thereof, notice may be given by personal service upon such person. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the person’s last known address shall be prima-facie evidence that such person received the required notice.
-
A person whose driver’s license has been suspended under subsection (a) or (b) of this Code section shall:
-
Subject to the requirements of subsection (d) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
- Upon a first such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver’s license reinstated after six months; and
- Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver’s license reinstated after 12 months; or
-
-
Upon the first conviction of a violation of Code Section 40-6-391, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, have his or her license suspended for a period of six months unless the driver’s blood alcohol concentration at the time of the offense was 0.08 grams or more or the person has previously been subject to a suspension pursuant to paragraph (1) of this subsection, in which case the period of suspension shall be for 12 months.
-
Upon the second conviction of a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, have his or her license suspended for a period of 18 months.
- Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, be considered a habitual violator, and such person’s license shall be revoked as provided for in Code Section 40-5-58.
-
(c.1)In any case where a person’s driver’s license was administratively suspended as a result of a violation of Code Section 40-6-391 for which the person’s driver’s license has been suspended pursuant to subsection (c) of this Code section, the administrative license suspension period and the license suspension period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license suspension period provided by this Code section.
-
-
- Any driver’s license suspended under subsection (a) or (b) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 and pays the applicable reinstatement fee. Any driver’s license suspended under subsection (a) of this Code section for commission of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the applicable reinstatement fee.
- The reinstatement fee for a first such suspension shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second or subsequent such suspension shall be $310.00 or $300.00 if paid by mail.
-
A suspension provided for in subsection (a) of this Code section shall be imposed based on the person’s age on the date of the conviction giving rise to the suspension.
40-5-57.2.Suspension of license for reckless stunt driving.¶
-
The driver’s license of any person convicted of reckless stunt driving in violation of Code Section 40-6-390.1 shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions:
-
Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be up to 12 months, provided that such person may apply to the department for early reinstatement of his or her driver’s license at the end of 120 days. Such license shall be reinstated upon payment of a restoration fee of $210.00, or $200.00 when such reinstatement is processed by mail;
-
Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that such person may apply to the department for early reinstatement of his or her driver’s license after 18 months from the date of the conviction. Such license shall be reinstated upon payment of a restoration fee of $310.00, or $300.00 when such reinstatement is processed by mail; and
-
Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such person’s license shall be revoked as provided for in Code Section 40-5-58. A person whose license has been suspended pursuant to this subsection may, if eligible under Code Section 40-5-58, apply for a probationary license pursuant to such Code section. A driver’s license suspension imposed under this paragraph shall run concurrently with and shall be counted toward the fulfillment of any period of revocation imposed directly under Code Sections 40-5-58 and 40-5-62, provided that such revocation arose from the same act for which the suspension was imposed.
-
-
Whenever a person is convicted of reckless stunt driving in violation of Code Section 40-6-390.1, the court in which such conviction is entered shall require the surrender of any driver’s license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The method of calculating the periods of suspension provided for in this Code section shall be governed by subsection (e) of Code Section 40-5-61.
- Application for reinstatement of a driver’s license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by the applicable restoration fee.
- Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person’s license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license or limited permit. Any person who is convicted of operating a motor vehicle before the department has reinstated such person’s license or before obtaining a limited driving permit or probationary license shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.
40-5-57.3.Penalty for multiple convictions of causing serious injury due to right of way violations.¶
-
The driver’s license of any person who is convicted for a second or subsequent offense of violating Code Section 40-6-77 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall be suspended for 30 days. The person shall submit his or her driver’s license to the court upon conviction and the court shall forward the driver’s license to the department.
-
After the suspension period and the person pays a restoration fee of $60.00 or, when processed by mail, $50.00, the suspension shall terminate and the department shall return the person’s driver’s license to such person.
40-5-58.Habitual violators; probationary licenses.¶
-
As used in this Code section, “habitual violator” means any person who has been arrested and convicted within the United States three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of:
- Committing any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395; or
- Singularly or in combination, any of the offenses described in paragraph (1) of this subsection.
-
When the records of the department disclose that any person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that his or her driver’s license has been revoked by operation of law and that it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail or statutory overnight delivery, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person.
-
-
Except as provided in paragraph (2) of this subsection or in subsection (d) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his or her driver’s license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver’s license. Any person declared to be a habitual violator and whose driver’s license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the department has issued such person a driver’s license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver’s license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the department has issued such person a driver’s license shall be guilty of a misdemeanor.
-
Any person declared to be a habitual violator as a result of three or more convictions of violations of Code Section 40-6-391 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, and who is thereafter convicted of operating a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (d) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.
-
-
-
Notwithstanding any contrary provisions of this Code section or any other Code section of this chapter, any person who has been declared a habitual violator and who has had his or her driver’s license revoked under subsection (b) of this Code section for a period of five years and two years have expired since the date on which such person’s license was surrendered or an affidavit was accepted as provided in subsection (e) of Code Section 40-5-61 may be issued a probationary driver’s license for a period of time not to exceed three years upon compliance with the following conditions:
1. Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter, Chapter 6 of this title, or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver’s license; 2. Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter or Chapter 6 of this title which resulted in the death or injury of any individual;
- Such person has successfully completed, prior to the issuance of the probationary driver’s license, a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department;
-
Reserved;
-
Such person shall submit a sworn affidavit that such person does not excessively use alcoholic beverages and does not illegally use controlled substances or marijuana when a person has been declared a habitual violator based upon a violation of a state law or local ordinance involving Code Section 40-6-391. It shall be a misdemeanor to falsely swear on such affidavit and, upon conviction, the probationary license shall be revoked. No probationary license shall be issued during the remainder of the revocation period, and no driver’s license shall be issued for the remainder of the original revocation period or for a period of two years from the date of conviction under this subparagraph;
-
Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
-
Refusal to issue a probationary driver’s license would cause extreme hardship to the applicant. For the purposes of this subsection, the term “extreme hardship” means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
-
Going to his or her place of employment or performing the normal duties of his or her occupation;
-
Receiving scheduled medical care or obtaining prescription drugs;
-
Attending a college or school at which he or she is regularly enrolled as a student;
-
Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or
-
Attending under court order any driver education or improvement school or alcohol or drug treatment program or course approved by the court which entered the judgment of conviction resulting in revocation of his or her driver’s license or by the commissioner.
-
-
Application for a probationary driver’s license shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such license. All applications shall be signed by the applicant before a person authorized to administer oaths.
-
Upon compliance with the above conditions and the payment of a fee of $210.00, or $200.00 when processed by mail, such person may be issued a probationary driver’s license by the department. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver’s license, a person may be issued a replacement for a lost or destroyed probationary driver’s license issued to him or her.
-
A probationary driver’s license shall be endorsed with such conditions as the commissioner deems necessary to ensure that such license will be used by the licensee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
- Specific places between which the licensee may be allowed to operate a motor vehicle;
-
Routes to be followed by the licensee;
-
Times of travel;
- The specific vehicles which the licensee may operate; and
-
Such other restrictions as the department may require.
- A probationary driver’s license issued pursuant to this Code section shall become invalid upon the expiration of the period of the suspension or revocation of the driver’s license of such person.
-
-
- Any probationary licensee violating the provisions of paragraph (4) of this subsection or operating a vehicle in violation of any conditions specified in this subsection shall be guilty of a misdemeanor.
-
-
Except as provided in division (iii) of this subparagraph, any probationary licensee violating any state law or local ordinance involving an offense listed in Code Section 40-5-54, 40-6-390.1, or 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.
-
Any probationary licensee violating any state law or local ordinance involving a felony offense listed in Code Section 40-5-54 shall be guilty of a felony and shall be punished as is provided for conviction of such felony.
-
Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54, 40-6-390.1, or 40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on such license, shall have his or her license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54, 40-6-390.1, or 40-6-391 shall not be eligible to apply for a regular driver’s license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater.
-
If the commissioner has reason to believe or makes a preliminary finding that the requirements of the public safety or welfare outweigh the individual needs of a person for a probationary license, the commissioner, in his or her discretion, after affording the person notice and an opportunity to be heard, may refuse to issue the license under this subsection.
- Any person whose probationary driver’s license has been revoked shall not be eligible to apply for a subsequent probationary license under this Code section for a period of five years.
-
Any person whose probationary license has been revoked or who has been refused a probationary license by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Appeal from such hearing shall be in accordance with Chapter 13 of Title 50.
-
-
If a person’s license was revoked for a violation of Code Section 40-6-391 resulting from a motor vehicle collision in which any person lost his or her life, the person whose license was revoked shall not be entitled to a probationary license as set forth in this Code section.
40-5-59.Reexamination of drivers believed to be incompetent or unqualified.¶
- The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, shall require him to submit to an examination at the nearest license examining facility within ten days of receipt of written notice from the department. Upon the conclusion of such examination, the department shall take action as may be appropriate and may revoke the license of such person or permit him to retain such license or may issue a license subject to restrictions as permitted under Code Section 40-5-30 or restrictions as to the type or class of vehicles that may be driven. Refusal or neglect of the licensee to submit to such examination shall be grounds for revocation of his license.
- Notwithstanding the provisions of subsection (a) of this Code section, the department is authorized to revoke the license of a driver without a preliminary examination or hearing upon a recommendation by a court or prosecutor or upon a showing by the records of the department that the licensee is incapacitated by reason of disease, mental or physical disability, or addiction to alcohol or drugs to the extent that such person is incompetent to operate a motor vehicle.
-
Any person whose license is revoked pursuant to subsection (b) of this Code section thereafter shall be entitled to a hearing before the department upon receipt by the department of a written request therefor. Such hearing shall be held within 30 days of the receipt of such request. The person may request an opinion of the Driver License Advisory Board as provided for in subsection (c) of Code Section 40-5-34. The department may not grant any exceptions to any regulations issued pursuant to subsection (a) of Code Section 40-5-35. The scope of the hearing shall be to determine if the driver is competent to drive a motor vehicle. The hearing shall be informal and appeal shall be as provided for in Code Section 40-5-66.
-
The reports required by this Code section shall be confidential and shall be used solely for the purpose of determining the qualifications of any person to drive a motor vehicle on the highways of this state. No civil or criminal action may be brought against any person or agency for providing the information to the department for the purposes of this Code section. The reports, or any reference to the reports, shall not be included in any abstract prepared pursuant to Code Section 40-5-2.
40-5-60.When revocation or suspension effective; notice.¶
- All revocations and suspensions provided for in this chapter shall be effective on the day the driver receives actual knowledge or legal notice thereof, whichever occurs first. Notice of suspension by operation of law shall be considered legal notice. Any license suspension or revocation mandated in this chapter following a person’s conviction for any offense, including suspensions due to the accumulation of points pursuant to Code Section 40-5-57, shall be by operation of law.
- Notwithstanding any other provision of this chapter to the contrary, for any suspension or revocation for which the department is required to send notice to the driver, the department shall be authorized to direct such notice to the driver’s new address as reflected in the records of the United States Postal Service in lieu of or in addition to sending such notice to the address reflected in his or her driving record.
40-5-61.Surrender and return of license; time served under such sentence credited toward fulfillment of period of revocation or suspension.¶
- The department, upon canceling, suspending, or revoking a license, shall require that such license shall be surrendered to the department and be processed in accordance with the rules and regulations of the department.
-
Any person whose license has been canceled, suspended, or revoked shall immediately return his license to the department.
-
It shall be unlawful to refuse to deliver upon a legal demand any driver’s license which has been canceled, suspended, or revoked.
- Except as provided in Code Section 40-5-62, when the revocation period expires, the department shall reinstate the license to the driver within 30 days.
-
-
For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, the period of revocation or suspension shall begin on the date the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter or on the date that the department processes the citation or conviction, whichever date shall first occur.
-
If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be controlling.
- Notwithstanding paragraphs (1) and (2) of this subsection, a period of revocation or suspension may begin on the date a person is sentenced for an offense that also results in the revocation or suspension of his or her driver’s license or driving privileges.
-
-
When a person serving a sentence has his or her driver’s license or driving privileges concurrently revoked or suspended with the imposition of his or her sentence, the department shall credit the time served under such sentence toward the fulfillment of the period of revocation or suspension.
40-5-62.Periods of revocation; time served under such sentence credited toward fulfillment of period of revocation; conditions to restoration of license or issuance of new license.¶
-
Unless the revocation was for a cause which has been removed, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be eligible to apply for a new license nor restoration of his or her nonresident’s operating privilege until the earlier of:
- Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a person’s having been declared a habitual violator under Code Section 40-5-58;
-
Five years from the date on which a person is sentenced for the offense that resulted in his or her driver’s license or driving privileges being revoked;
-
Five years from the date on which the department processed the citation or conviction, reduced by a period of time equal to that period of time which elapses between the date the person surrenders his or her driver’s license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or
- Such time as any cause for revocation under subsection (b) of Code Section 40-5-59 has been removed.
-
When a person serving a sentence has his or her driver’s license or driving privileges concurrently revoked with the imposition of his or her sentence, the department shall credit the time served under such sentence toward the fulfillment of the period of revocation.
-
The department shall not issue a new license nor restore a person’s suspended license or nonresident’s operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. Notwithstanding subsection (a) of this Code section or any other provision of this title, the department shall not issue a new license to any person whose license was revoked as a habitual violator for three violations of Code Section 40-6-391 within a five-year period unless and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $410.00 or $400.00 if processed by mail in addition to the fee prescribed by Code Section 40-5-25 to issue a new driver’s license to a person whose driver’s license has been revoked.
40-5-63.Periods of suspension for certain convictions of Code Section 40-5-54 or 40-6-391; conditions to return of license.¶
-
The driver’s license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver’s license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75; and further provided that each charge for which a conviction was obtained shall be treated as a separate transaction for the purpose of imposing a license suspension hereunder, even if said convictions arise from a single incident; and further provided that the department shall treat each conviction received in the order in which said convictions are processed even if it is not the order in which said offenses occurred:
- Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be 12 months. At the end of 120 days, the person may apply to the department for early reinstatement of his or her driver’s license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver’s license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered a conviction, and the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the department and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
- Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be three years. At the end of 120 days, the person may apply to the department for reinstatement of his or her driver’s license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver’s license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, provides proof of installation and maintenance of an ignition interlock device for a period of one year coinciding with the issuance of an ignition interlock device limited driving permit as provided in Code Section 40-5-64.1 unless waived due to financial hardship, and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
- Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such license shall be revoked as provided for in paragraphs (1) through (3) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions.
-
The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391.
- In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department’s discretion shall be guided by the driver’s past driving record and performance, and the driver shall pay the applicable restoration fee. In addition to any other requirement the department may impose, a driver’s license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid, shall remain suspended, and shall not be returned to such driver or otherwise reinstated until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program.
-
-
Any person convicted of violating subsection (a) of Code Section 40-6-393 or subsection (b) of Code Section 40-6-394 shall have his or her license suspended for a period of three years. Such person shall not be eligible for early reinstatement of said driver’s license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64.
-
For purposes of this chapter, an accepted plea of nolo contendere to any violation of Code Section 40-6-393 or 40-6-394 shall constitute a conviction.
-
40-5-63.1.Clinical evaluation and substance abuse treatment programs for certain offenders.¶
In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-57.1, 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions for violating Code Section 40-6-391 within ten years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if recommended as a part of such evaluation, shall complete a substance abuse treatment program prior to such license reinstatement, issuance, or restoration; provided, however, that such evaluation and treatment shall be at such person’s expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program shall be submitted to the department prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions.
40-5-64.Limited driving permits for certain offenders.¶
-
To whom issued.
- Notwithstanding any contrary provision of this Code section or Code Section 40-5-57, 40-5-57.2, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, may apply for a limited driving permit when:
-
That person’s driver’s license has been suspended in accordance with:
- Subsection (d) of Code Section 40-5-57;
-
Paragraph (1) of subsection (a) of Code Section 40-5-57.2;
-
Paragraph (1) of subsection (a) of Code Section 40-5-63;
- Paragraph (1) of subsection (a) of Code Section 40-5-67.2; or
- Subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or older and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour; and
2. The sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit.
- No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under Code Section 42-8-111 shall be eligible for a limited driving permit, an ignition interlock device limited driving permit, or any other driving privilege for a period of one year.
- To the extent a person is subject to more than one suspension for which a limited driving permit may be issued, the department shall not issue such permit unless the suspensions are for a conviction for driving under the influence in violation of Code Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative suspension imposed pursuant to paragraph (1) of subsection (a) of Code Section 40-5-67.2 arising from the same incident.
-
- Notwithstanding any contrary provision of this Code section or Code Section 40-5-57, 40-5-57.2, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, may apply for a limited driving permit when:
-
Application form. Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths.
-
Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, the term “extreme hardship” means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
-
Going to his or her place of employment or performing the normal duties of his or her occupation;
-
Receiving scheduled medical care or obtaining prescription drugs;
-
Attending a college or school at which he or she is regularly enrolled as a student;
-
Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;
-
Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver’s license or by the commissioner;
-
Attending court; reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office; reporting to a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42; or performing community service;
-
Transporting an immediate family member who does not hold a valid driver’s license for work, to obtain medical care or prescriptions, or to school; or
-
Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18.
(c.1) Exception to standards for approval.
40-5-64_ol2c_1_Liberation in Lullwater.jpgThe provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver’s license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22. -
-
Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
- Specific places between which the permittee may be allowed to operate a motor vehicle;
-
Routes to be followed by the permittee;
-
Times of travel;
- The specific vehicles which the permittee may operate; and
- Such other restrictions as the department may require.
-
Fees, duration, renewal, and replacement of limited driving permit.
-
A limited driving permit issued pursuant to this Code section shall be $32.00 and shall become invalid upon:
-
The expiration of one year following issuance thereof in the case of a suspension:
- For an offense listed in Code Section 40-5-54;
- Under Code Section 40-5-57;
-
Under Code Section 40-5-57.2; or
-
In accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391; 2. The expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2; or
-
Any earlier reinstatement of the driver’s license.
-
-
A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver’s license to the court in which the conviction was adjudged or to the department if the department has processed the administrative driver’s license suspension form or conviction. Upon the applicant’s execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver’s license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit.
-
Limited driving permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $10.00. Such permits may be renewed one time after the person is eligible to reinstate his or her driver’s license for the violation that was the basis of the issuance of the permit.
-
Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver’s license, a person may be issued a replacement for a lost or destroyed limited driving permit issued to him or her.
-
-
Liability of issuing officer. No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a limited driving permit in reliance on the truth of the affidavits required by this Code section.
-
Revocation of limited driving permit.
- Any limited driving permittee who is convicted of violating any state law relating to the movement of vehicles or any limited driving permittee who is convicted of violating the conditions endorsed on his or her limited driving permit shall have such permit revoked by the department. Any court in which such conviction is had shall require such permittee to surrender his or her limited driving permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction.
- Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver’s license until six months from the date such permit was surrendered to the department. In any case of revocation of a limited driving permit pursuant to paragraph (1) of this subsection, the department may impose an additional period of suspension for the conviction upon which revocation of the permit was based.
-
Hearings. Any person whose permit has been revoked or who has been refused a permit by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Appeal from such hearing shall be in accordance with said chapter.
-
Rules and regulations. The commissioner may promulgate such rules and regulations as are necessary to implement this Code section.
-
Penalty. Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor.
40-5-64.1.Ignition interlock device limited driving permits.¶
-
To whom issued.
- Any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, and whose driver’s license is subject to an administrative driver’s license suspension pursuant to subsection (c) of Code Section 40-5-67.1, may apply for an ignition interlock device limited driving permit with the department.
- Any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, and whose driver’s license is subject to an administrative driver’s license suspension pursuant to subsection (d) of Code Section 40-5-67.1, may apply for an ignition interlock device limited driving permit with the department.
- Any person whose driver’s license has been suspended as a result of a second conviction for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, may apply for an ignition interlock device limited driving permit after serving at least 120 days of the suspension required for such conviction.
-
The department shall not issue an ignition interlock device limited driving permit to any person:
- Under 21 years of age;
- Who is not currently licensed to operate a motor vehicle in this state;
- Who currently holds a license to drive a commercial motor vehicle;
-
Whose driver’s license is subject to an administrative suspension for involvement in a traffic accident resulting in injuries or fatalities; or
-
Whose driver’s license is subject to a suspension, revocation, or cancellation for any reason other than as contemplated by this Code section.
-
Application form. Applications for ignition interlock device limited driving permits shall be made upon such forms as the commissioner may prescribe. All applications shall be signed by the applicant before a person authorized to administer oaths.
-
Standards for approval.
-
The department shall issue an ignition interlock device limited driving permit for a fee of $25.00 and:
-
For an applicant eligible for an ignition interlock device limited driving permit pursuant to paragraph (1) or (2) of subsection (a) of this Code section:
-
Within 30 days from the date on which notice was given pursuant to subsection (g) of Code Section 40-5-67.1;
-
Upon surrender of the applicant’s driver’s license; and
- Upon the applicant’s execution of an affidavit attesting that the hearing afforded under subsection (g) of Code Section 40-5-67.1 has been waived; or
-
-
For an applicant eligible for an ignition interlock device limited driving permit pursuant to paragraph (3) of subsection (a) of this Code section, upon the submission of a certificate of eligibility from an accountability court, as such term is defined in Code Section 15-1-18, or the submission of proof of enrollment in a substance abuse treatment program as provided in Code Section 40-5-63.1 and the surrender of his or her driver’s license to such court or to the department if the department has processed the administrative driver’s license suspension form or conviction.
- No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under Code Section 42-8-111 shall be eligible for a limited driving permit pursuant to Code Section 40-5-64 or any other driving privilege for a period of one year.
-
-
-
Duration, renewal, and replacement of ignition interlock device limited driving permit.
- An ignition interlock device limited driving permit shall be valid for a period of one year. Upon successful completion of one year of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and such permit may be renewed for additional periods of two months upon payment of a renewal fee of $5.00, but it may only be renewed one time after such person is eligible to reinstate his or her driver’s license.
- Upon payment of a fee in the same amount as that provided by Code Section 40-5-25 for the issuance of a Class C driver’s license, a person may be issued a replacement for a lost or destroyed ignition interlock device limited driving permit previously issued to him or her.
-
Exceptions to standards for approval. An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely for the following purposes:
-
Going to his or her place of employment or performing the normal duties of his or her occupation;
-
Receiving scheduled medical care or obtaining prescription drugs;
-
Attending a college or school at which he or she is regularly enrolled as a student;
-
Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;
-
Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver’s license or by the commissioner;
-
Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or performing community service;
-
Transporting an immediate family member who does not hold a valid driver’s license for work, to obtain medical care or prescriptions, or to school;
-
Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18; or
-
Going for monthly monitoring visits with the permit holder’s ignition interlock device service provider.
-
-
Revocation of ignition interlock device limited driving permit.
-
- The department shall revoke the ignition interlock device limited driving permit of any permittee issued such permit pursuant to paragraph (1) or (2) of subsection (a) of this Code section who is convicted of violating any state law relating to the movement of vehicles or convicted of driving a motor vehicle in violation of an ignition interlock device limited driving permit. Any court in which such conviction is had shall require such permittee to surrender the ignition interlock device limited driving permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction.
- The department shall revoke the ignition interlock device limited driving permit of any permittee who is required to complete a substance abuse treatment program pursuant to Code Section 40-5-63.1 and enrolled but failed to attend or complete such program as scheduled upon receipt of notice of such information from the Department of Behavioral Health and Developmental Disabilities. The department shall notify the permittee of such revocation by regular mail to his or her last known address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing.
- The department shall revoke the ignition interlock device limited driving permit of a permittee upon receipt of notice from an ignition interlock device service provider that an ignition interlock device has been tampered with, a permittee has failed to report for monitoring as required by law, or an ignition interlock device has been removed from any motor vehicle to be driven by a permittee prior to successful completion of the required term of monitoring under Code Section 42-8-110.1.
-
The department shall notify the permittee of such revocation by regular mail to his or her last known address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing.
-
Any person whose ignition interlock device limited driving permit has been revoked for the first time shall not be eligible to apply for a driver’s license until six months from the date such permit was surrendered to the department. Any person whose ignition interlock device limited driving permit has previously been revoked shall not be eligible to apply for a driver’s license until two years from the date such permit was surrendered to the department.
-
-
Hearings. Any person whose ignition interlock device limited driving permit has been revoked or who has been refused such permit by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Appeal from such hearing shall be in accordance with such chapter.
-
Rules and regulations. The commissioner may promulgate rules and regulations as are necessary to implement this Code section.
-
Penalty. Any person issued an ignition interlock device limited driving permit who operates a motor vehicle in violation of the terms of such permit, as described in Code Section 42-8-110.1 or subsection (e) or (f) of this Code section, commits the offense of violation of an ignition interlock device limited driving permit. Any person who commits the offense of violation of an ignition interlock device limited driving permit shall be guilty of a misdemeanor.
40-5-64.2.[Repealed] Report on issuance of optional ignition interlock device limited driving permits.¶
40-5-65.Restriction as to operation under foreign license during period of revocation or suspension.¶
Any resident or nonresident whose driver’s license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until the license is restored when and as permitted under this chapter.
40-5-66.Appeals from decisions of department.¶
-
Except as provided in subsection (h) of Code Section 40-5-67.1, subsection (h) of Code Section 40-5-64, and subsection (g) of Code Section 40-5-64.1, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his or her residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance.
-
If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department. No person shall be allowed to operate any vehicle in violation of any suspension or revocation by the department while any such appeal is pending.
40-5-67.Seizure and disposition of driver’s license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases.¶
- Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver’s license of the person so charged. The driver’s license shall be attached to the court’s copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the department. Taking the driver’s license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
-
- At the time the law enforcement officer takes the driver’s license, the officer shall issue a temporary driving permit to the person as follows: 1. If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 45 day temporary driving permit; 2. If the driver’s license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 45 day temporary driving permit; or 3. If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit.
- A temporary driving permit issued under this subsection shall be valid for the stated period or until the person’s driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of such temporary driving permit, but in no event shall this delay extend beyond the date when such person’s driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of a temporary driving permit may be delayed.
-
- If the person is convicted of violating or enters a plea of nolo contendere to a charge of violating Code Section 40-6-391, the court shall, within ten days, forward the person’s driver’s license and the record of the disposition of the case to the department. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.
- If the person is not convicted of violating and does not enter a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the court is in possession of the driver’s license, the court shall return the driver’s license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the department for disposition.
40-5-67.1.Chemical tests; implied consent notices; rights of motorists; test results; refusal to submit; suspension or disqualification; administrative license suspension hearing and review; inspection and certification of breath-testing instruments.¶
- The test or tests required under Code Section 40-5-55 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and the officer has arrested such person for a violation of Code Section 40-6-391, any federal law in conformity with Code Section 40-6-391, or any local ordinance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test or tests shall be administered initially and may subsequently require a test or tests of any substances not initially tested.
-
At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent notice from the following:
-
Implied consent notice for suspects under age 21:
“The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which test )?”
-
Implied consent notice for suspects age 21 or over:
“The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (
designate which test )?” -
Implied consent notice for commercial motor vehicle driver suspects:
“The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (
designate which test
)?”If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test of such person’s blood or urine, shall be admitted into evidence against such person. Such notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged.
-
-
If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department. Upon the receipt of a report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more, the department shall suspend the person’s driver’s license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate an alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year.
-
If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, the department shall suspend the person’s driver’s license, permit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the person’s driver’s license, permit, or nonresident operating privilege, subject to review as provided for in this chapter.
(d.1)Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 40-6-391 if obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States.
-
If the person is a resident without a driver’s license, commercial driver’s license, or permit to operate a motor vehicle in this state, the department shall deny issuance of a license or permit to such person for the same period provided in subsection (c) or (d) of this Code section, whichever is applicable, for suspension of a license or permit or disqualification to operate a commercial motor vehicle subject to review as provided for in this chapter.
-
- The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person’s refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver’s license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 45 day temporary driving permit. The officer shall forward the person’s driver’s license to the department along with the notice of intent to suspend or disqualify and the report required by subsection (c) or (d) of this Code section within ten days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary driving permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the report required by this Code section within ten days shall not prevent the department from accepting such report and utilizing it in the suspension of a driver’s license as provided in this Code section.
- If notice has not been given by the arresting officer, the department, upon receipt of the report of such officer, shall suspend the person’s driver’s license, permit, or nonresident operating privilege or disqualify such person from operating a motor vehicle and, by regular mail, at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualification, and the right to review. The notice shall be deemed received three days after mailing.
-
- A person whose driver’s license is suspended or who is disqualified from driving a commercial motor vehicle pursuant to this Code section shall remit to the department a $150.00 filing fee together with a request, in writing, for a hearing within 30 days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. The issuance of an ignition interlock device limited driving permit to a person eligible for such permit under paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1 shall constitute a waiver of the right to a hearing under this subsection. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The hearing shall be recorded.
- The scope of the hearing shall be limited to the following issues:
-
- Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or
- Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
- Whether at the time of the request for the test or tests the officer informed the person of the person’s implied consent rights and the consequence of submitting or refusing to submit to such test; and
-
- Whether the person refused the test; or
- Whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and
- Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator’s permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
-
- The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver’s license suspension or disqualification. If no hearing is requested within the 30 days specified in paragraph (1) of this subsection, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The issuance of an ignition interlock device limited driving permit to a person eligible for such permit under paragraph (1) or (2) of subsection (a) of Code Section 40-5-64.1 shall constitute a waiver of the right to a hearing under this subsection. The request for a hearing shall not stay the suspension of the driver’s license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary driving permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer’s decision is made.
-
- Except as where provided to the contrary in subparagraph (B) of this paragraph, in the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver’s license record. An accepted plea of nolo contendere shall be entered on the driver’s license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driver’s license restoration fee shall be promptly returned by the department to the licensee.
-
- If any person who has obtained an ignition interlock device limited driving permit under paragraph (1) of subsection (a) of Code Section 40-5-64.1 is acquitted of the violation of Code Section 40-6-391 upon which the underlying driver’s license suspension was based or if such charge is initially disposed of other than by a conviction or plea of nolo contendere, then such permit shall be revoked and the driver’s license shall be reinstated without a fee. The department shall terminate the driver’s license suspension of any such person and shall delete the suspension from the driver’s license record.
- Any person who has obtained an ignition interlock device limited driving permit under paragraph (2) of subsection (a) of Code Section 40-5-64.1 shall maintain such permit for the required term of monitoring under Code Section 42-8-110.1, regardless of whether such person is acquitted of the violation of Code Section 40-6-391 upon which the underlying driver’s license suspension was based or such charge is initially disposed of other than by a conviction or plea of nolo contendere.
-
If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department’s final decision, as provided for in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”; while such appeal is pending, the order of the department shall not be stayed.
-
Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by subsection (g) of this Code section for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day’s attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compensation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the commissioner shall provide by rules or regulations. The commissioner shall also require verification of a law enforcement officer’s qualifying to receive the payment authorized by this subsection by requiring the completion of an appropriate document in substantially the following form:
Click to view
-
Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language:
“This breath-testing instrument (serial no.
_______________ ) was thoroughly inspected, tested, and standardized by the undersigned on (date _______________ ) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.”When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (a) of Code Section 40-6-392 and subparagraph (g)(2)(F) of this Code section.
IMPLIED CONSENT HEARING ATTENDANCE RECORD OFFICER: S.S. No. ADDRESS: Street City State ZIP Code DATE: TIME: A.M. P.M. CASE: This is to certify that the police officer named above attended an implied consent hearing as a witness or complainant on the date and time shown above. HEARING OFFICER: TITLE: I certify that I appeared at the implied consent hearing described above on the date and time shown above and that I was not on regular duty at the time of attending the hearing and that I have not received and will not receive compensation from my regular employer for attending the hearing. Signature of officer: APPROVED FOR PAYMENT: Comptroller
40-5-67.2.Terms and conditions for implied consent license suspension; administrative license suspensions in relation to post-conviction suspension; eligibility for limited driving permit or ignition interlock device limited driving permit.¶
-
Any driver’s license required to be suspended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions:
- Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her driver’s license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail. A driver’s license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee.
-
Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. The person shall be eligible to apply to the department for license reinstatement not sooner than 18 months following the effective date of suspension. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail. A driver’s license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee.
-
Upon the third or subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. A driver’s license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. The driver may apply for a probationary license pursuant to Code Section 40-5-58 after the expiration of two years from the effective date of suspension.
-
An administrative license suspension pursuant to Code Section 40-5-67.1 shall be counted toward fulfillment of any period of suspension subsequently imposed as a result of a conviction of violating Code Section 40-6-391 which arises out of the same violation for which the administrative license suspension was imposed. An administrative license suspension pursuant to Code Section 40-5-67.1 shall run concurrently with any revocation of such driver’s license pursuant to a subsequent determination that such person is a habitual violator.
- In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department’s discretion shall be guided by the driver’s past driving record and performance, and the driver shall pay a restoration fee of $210.00 or $200.00 when processed by mail.
- Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest, during the period of administrative suspension contemplated under this chapter, shall be entitled to a limited driving permit or an ignition interlock device limited driving permit as provided in Code Sections 40-5-64 and 40-5-64.1.
40-5-68.[Reserved] Suspension of licenses by operation of law for failure to complete alcohol or drug program.¶
40-5-69.Circumstances not affecting suspensions by operation of law.¶
If a person’s driver’s license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, or 40-5-67.2, the fact that the person’s driver’s license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person’s driver’s license was not retained by the court and forwarded to the department as provided in Code Section 40-5-67 or that the person’s driver’s license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension.
40-5-70.Suspension of drivers’ licenses for failure to show proof of required minimum insurance; hearings; mandatory suspension.¶
- In addition to any other punishment, the driver’s license of a person convicted under subsection (a), (b), or (c) of Code Section 40-6-10 shall be suspended for a period of 60 days. The person shall submit the driver’s license to the court upon conviction, and the court shall forward the driver’s license to the department. After the 60 day suspension period and when the person provides proof of having prepaid a six-month minimum insurance policy and pays a restoration fee of $210.00 or $200.00 when processed by mail to the department, the suspension shall terminate and the department shall return the person’s driver’s license to such person. For a second or subsequent offense within a five-year period, the suspension period shall be increased to 90 days, and, in addition to the driver’s license, such person’s license tag and tag registration shall also be suspended for a period of 90 days. The restoration fee for a second or subsequent offense within a five-year period shall be $310.00 or $300.00 if paid by mail. The procedures for submission of drivers’ licenses to the court and the forwarding of such licenses to the department shall also apply to license tags and tag registrations.
-
A hearing of contempt of court shall be scheduled for any person refusing to deliver his motor vehicle driver’s license and, where applicable, motor vehicle license tag and tag registration to the court after a conviction under subsection (a), (b), or (c) of Code Section 40-6-10 and a warrant shall issue for the arrest of such person.
-
For the purposes of mandatory suspension of a driver’s license for a first violation of subsection (a), (b), or (c) of Code Section 40-6-10, a forfeiture of bail or collateral used to seek a defendant’s appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked. A plea of nolo contendere shall not be considered a conviction under this subsection, but a record of the disposition of the case shall be forwarded by the court to the department for the purposes of counting the plea of nolo contendere as a conviction under subsection (d) of this Code section.
- For the purposes of mandatory suspension of a driver’s license, license tag, and tag registration for a second or subsequent violation within a five-year period, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction was obtained, of subsection (a), (b), or (c) of Code Section 40-6-10, a forfeiture of bail or collateral used to seek a defendant’s appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, a plea of nolo contendere to a previous violation of subsection (a), (b), or (c) of Code Section 40-6-10, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked.
40-5-71.[Reserved] Notice of insurance issuance, renewal, or termination; lapse fee; suspension of license following insurance termination; restricted driving permits.¶
40-5-72.Forwarding of license, tag, and tag registration to department; notice; penalty.¶
-
It is the duty of any person who has his or her driver’s license and, where applicable, license tag and tag registration suspended under the provisions of Code Section 40-5-70 or 40-2-137 immediately upon suspension and demand of the department to forward such items to the department.
-
If such driver’s license and, where applicable, license tag and tag registration are not received by the department within ten days following the effective date of suspension, the commissioner shall immediately direct any peace officer to secure possession of the driver’s license and, where applicable, license tag and tag registration and return the same to the department. The person whose driver’s license and, where applicable, license tag and tag registration have been suspended shall surrender such items to any peace officer upon demand.
-
Unless otherwise provided in this Code section, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice of the suspension, whichever occurs first. For the purposes of making any determination relating to the return of a suspended motor vehicle driver’s license and, where applicable, license tag and tag registration, a period of suspension under Code Section 40-5-70 or 40-2-137 or this Code section shall begin upon the date of conviction adjudicated by the court having jurisdiction.
- Any person violating subsection (a) or (b) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days.
40-5-73.Limited applicability.¶
The provisions of Code Sections 40-5-70, 40-6-10, and 40-6-11 shall not be applicable to persons operating vehicles which are not required to be registered or licensed in this state.
40-5-74.Defacement or alteration of seized license prohibited.¶
Whenever a person is charged with a violation of the law relating to the operation of motor vehicles resulting in the person’s driver’s license being seized by a law enforcement officer and forwarded to the court having jurisdiction of the offense or whenever a person is convicted of any offense resulting in the person’s driver’s license being suspended and forwarded to the department, such driver’s license shall not be stapled to any document or in any manner defaced or altered so as to indicate at any time in the future such previous seizure and processing of the license.
Article 3A Suspension of License for Being in Control of a Moving Vehicle Under the Influence of a Controlled Substance or Marijuana {#t40c05a3A}
40-5-75.Suspension of licenses by operation of law; reinstatement.¶
-
The driver’s license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equivalent law of any other jurisdiction, shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions:
- Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver’s license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays to the department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail;
- Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction, the person may apply to the department for reinstatement of his or her driver’s license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the department a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail; and
- Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such person’s license shall be revoked as provided for in Code Section 40-5-58. A driver’s license suspension imposed under this paragraph shall run concurrently with and shall be counted toward the fulfillment of any period of revocation imposed directly under Code Sections 40-5-58 and 40-5-62, provided that such revocation arose from the same act for which the suspension was imposed.
-
Except as provided in Code Section 40-5-76, whenever a person is convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equivalent law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver’s license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall be governed by subsection (e) of Code Section 40-5-61.
- Application for reinstatement of a driver’s license under paragraph (1), (2), or (3) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.
-
Reserved.
-
Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person’s license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person’s license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.
-
Licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court.
-
-
-
Effective July 1, 2016, the department shall be authorized to reinstate, instanter, a driver’s license that was suspended pursuant to this Code section for a violation of Article 2 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver’s license has not been previously reinstated. The provisions of this subparagraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section 40-5-76.
-
Effective July 1, 2017, the department shall be authorized to reinstate, instanter, a driver’s license that was suspended pursuant to this Code section for a violation of Article 1 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver’s license has not been previously reinstated. The provisions of this subparagraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section 40-5-76.
-
-
The department shall make a notation of a suspended driver’s license that is reinstated pursuant to paragraph (1) of this subsection on a person’s driving record, and such information shall be made available in accordance with Code Section 40-5-2.
- The driver’s license or driving privileges of any person who has a driver’s license reinstated in accordance with paragraph (1) of this subsection shall remain subject to any and all applicable disqualifications specified in Article 7 of this chapter.
- The department may promulgate rules and regulations as are necessary to implement this subsection.
-
40-5-76.Court ordered reinstatement or suspension of license or issuance of limited driving permit or ignition interlock device limited driving permit; time credited toward fulfillment of period of license suspension.¶
-
-
A judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division, as a reward or sanction to the defendant’s behavior in such court division, may order the department to: 1. Reinstate a defendant’s Georgia driver’s license that has been or should be suspended under the laws of this state; 2. Issue to a defendant a limited driving permit using the guidance set forth in subsections (c), (c.1), and (d) of Code Section 40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances; 3. Issue to a defendant an ignition interlock device limited driving permit using the guidance set forth in subsections (c) and (e) of Code Section 40-5-64.1 or with whatever conditions the court determines to be appropriate under the circumstances; or
- Suspend or revoke such license, limited driving permit, or ignition interlock device limited driving permit.
- The court shall require the defendant to pay to the department the fee normally required for the reinstatement of such driver’s license or issuance of such limited driving permit or ignition interlock device limited driving permit or waive such fee.
- The court may order the department to issue to a defendant a limited driving permit or ignition interlock device limited driving permit pursuant to this subsection for a one-year period, and may allow such permit to be renewed for a one-year period, and shall provide the department with such order.
- Suspend or revoke such license, limited driving permit, or ignition interlock device limited driving permit.
-
-
If the offense for which the defendant was convicted did not directly relate to the operation of a motor vehicle, a judge presiding in any court, other than the court divisions specified in subsection (a) of this Code section, may order the department to reinstate a defendant’s driver’s license that has been or should be suspended, issue to a defendant a limited driving permit using the guidance set forth in subsections (c), (c.1), and (d) of Code Section 40-5-64, or issue to a defendant an ignition interlock device limited driving permit using the guidance set forth in subsections (c) and (e) of Code Section 40-5-64.1. The court shall require the defendant to pay to the department the fee normally required for the reinstatement of such driver’s license or issuance of such limited driving permit or ignition interlock device limited driving permit or waive such fee. Such judge may also order the department to suspend a defendant’s driver’s license, limited driving permit, or ignition interlock device limited driving permit as a consequence of the defendant’s violation of the terms of his or her probation.
-
- The department shall make a notation on a person’s driving record when his or her driver’s license was reinstated or suspended or he or she was issued a limited driving permit or ignition interlock device limited driving permit under this Code section, and such information shall be made available in accordance with Code Section 40-5-2.
- The driver’s license of any person who has a driver’s license reinstated or suspended in accordance with this Code section shall remain subject to any applicable disqualifications specified in Article 7 of this chapter.
-
The department shall credit any time during which a defendant was issued a limited driving permit or ignition interlock device limited driving permit under subsection (a) of this Code section toward the fulfillment of the period of a driver’s license suspension for which such permit was issued.
Article 4 Restoration of Licenses to Persons Completing Defensive Driving Course or Alcohol or Drug Program¶
- 40-5-80. Purpose of article.
- 40-5-81. Certification and approval of courses by department; prohibited behavior by a clinic or program.
- 40-5-82. Administration of program.
-
40-5-84. Reinstatement of licenses suspended for certain offenses or for points.
-
40-5-86. Reduction of point count upon completion of course.
- 40-5-88. Administrative penalties.
40-5-80.Purpose of article.¶
The purpose of this article, the “Georgia Driver Improvement Act,” is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Driver Services shall:
-
Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the commissioner and shall, as best as the commissioner shall determine, approximate the expense incurred by the department in consideration of an application. These licenses and each renewal thereof shall be valid for a period of four years unless suspended or revoked prior to the expiration of that time period; and
-
Require, in addition to the criteria established by the commissioner for approval of driver improvement clinics and certification of DUI Alcohol or Drug Use Risk Reduction Programs, as provided in subsections (a) and (e) of Code Section 40-5-83, respectively, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program shall, as a condition of approval or certification, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the department and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the commissioner; however, in no event shall the amount of the bond be less than $10,000.00 per location, and a single bond at such rate may be submitted for all locations under the same ownership. If at any time said bond is not valid and in force, the license of the driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall be deemed suspended by operation of law until a valid surety company bond is again in force.
40-5-81.Certification and approval of courses by department; prohibited behavior by a clinic or program.¶
-
Any defensive driving course or defensive driving program at which attendance is required by court order shall conform to the requirements of this article. When a defensive driving course, defensive driving program, or DUI Alcohol or Drug Use Risk Reduction Program is required by a court having jurisdiction over misdemeanor traffic law offenses or by any prosecuting attorney thereof, such course or program shall be certified or approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83, as applicable. Certificates of completion from unlicensed defensive driving courses shall not be recognized for any purposes under this article.
-
Whenever any person is authorized or required to attend a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of the person’s driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic approved under this article or DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court or person who owns, operates, or is employed by a private company which has contracted to provide private probation services for misdemeanor cases shall specify, directly or indirectly, a particular driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court or owner, operator, or employee of a private company which has contracted to provide probation services for misdemeanor offenders from furnishing any person, upon request, the names of approved driver improvement clinics or certified DUI Alcohol or Drug Use Risk Reduction Programs.
-
It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the department to directly or indirectly solicit business by personal solicitation on public property, by phone, by e-mail, or by mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, Internet, or telephone directories, by a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be considered a violation of this subsection.
-
It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the department to directly or indirectly offer, for purposes of the enrollment or solicitation of any student or prospective student, any item of monetary value, including but not limited to United States legal tender, food, gasoline cards, debit gift cards, or merchant gift cards, to any:
- Student or agent or legal representative of a student;
- Employee or agent of a private company which has contracted with a county, municipality, or consolidated government to provide probation services pursuant to Article 6 of Chapter 8 of Title 42;
-
Law enforcement officer; or
-
Officer or employee of the judicial branch or a court.
A violation of this subsection shall be a misdemeanor. In addition to all other penalties available at law, any person convicted of a second or subsequent offense under this subsection shall have his or her license to operate a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program under this article revoked.
40-5-82.Administration of program.¶
-
The Driver Improvement Program created by this article shall be administered by the commissioner. The commissioner is authorized to promulgate and adopt rules and regulations necessary to carry out this article.
-
For the purpose of generating greater interest in highway safety, the commissioner may solicit the assistance of local governmental authorities, associations, societies, clubs, schools, colleges, and other organizations or persons knowledgeable in highway safety driving standards to participate in conjunction with the department in the development of local driver improvement programs and in conducting driver improvement classes.
- The department is designated as the agency responsible for the certification of DUI Alcohol or Drug Use Risk Reduction Programs and staff. This responsibility includes selection of the assessment instrument, development of the intervention curricula, training of program staff, and monitoring of all DUI Alcohol or Drug Use Risk Reduction Programs under this article.
-
All DUI Alcohol or Drug Use Risk Reduction Program records including, but not limited to, assessment results and other components attended shall be confidential and shall not be released without the written consent of the DUI offender, except that such records shall be made available to the Department of Behavioral Health and Developmental Disabilities and the Department of Driver Services. The provision of assessments to the Department of Behavioral Health and Developmental Disabilities shall be according to an interagency agreement between the Department of Driver Services and the Department of Behavioral Health and Developmental Disabilities, and the agreement may provide for assessment fees to be transmitted to the Department of Behavioral Health and Developmental Disabilities.
-
The department shall conduct a records check for any applicant for certification as an operator, director, or instructor of a DUI Alcohol or Drug Use Risk Reduction Program. Each applicant shall submit at least one set of classifiable fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regarding certification requirements, including restrictions regarding misdemeanor convictions. No applicant shall be certified unless he or she is a United States citizen, or if not a citizen, he or she presents federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law.
40-5-83.Approval and operation of driver improvement clinics; criteria for defensive driving courses, alcohol and drug courses, and driving under the influence risk reduction programs.¶
-
-
The commissioner shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a defensive driving course. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of defensive driving courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge a fee of $95.00 for a defensive driving course, except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, or corporation. Nothing in this paragraph shall be construed to affect in any way driving programs established for purposes of insurance premium reductions under the provisions of Code Section 33-9-42.
-
-
No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic.
-
This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic by the owner of the rights therein to another licensed driver improvement clinic.
-
-
-
- The commissioner shall be authorized to accept certificates of completion from all defensive driving, driving under the influence, and alcohol and drug programs, clinics, and courses approved by any other state, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States.
- Driver improvement clinics, programs, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (a) of this Code section.
- Driving under the influence and alcohol and drug programs, clinics, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (e) of this Code section; provided, however, that the department shall not accept certificates of completion from any such program, clinic, or course unless said program, clinic, or course has been certified by the department as substantially conforming, with respect to course content, with the standards and requirements promulgated by the department under subsection (e) of this Code section. Certificates of completion from an out-of-state program, clinic, or course not so certified by the department may be accepted only for the purpose of permitting persons who are not residents of the State of Georgia to reinstate nonresident operating privileges.
-
The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to a licensed instructor of any driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a driver education training course, which course consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a driver education training course. Any text or workbook provided or required by the department for such alcohol and drug course shall be provided by the department at the same fee as currently charged by the department to any public or private school, contractor, or appropriate representative currently teaching the program.
-
Notwithstanding the provisions of any law or rule or regulation which prohibits any individual who was a probation officer or other official or employee of the probation division of the Department of Corrections on or before June 30, 2015, or a spouse of such individual from owning, operating, instructing at, or being employed by a driver improvement clinic, any individual who was a probation officer or other official or employee of the probation division of the Department of Corrections on or before June 30, 2015, or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic shall remain qualified to own, operate, instruct at, or be employed by a driver improvement clinic and to engage in such activities. Any individual who is an employee of the Department of Community Supervision or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on July 1, 2015, and who in all respects is and remains qualified to own, operate, instruct at, or be employed by a driver improvement clinic shall be expressly authorized to continue on and after June 1, 2015, to engage in such activities. No person who owns, operates, or is employed by a private company which has contracted to provide probation services for misdemeanor cases shall be authorized to own, operate, be an instructor at, or be employed by a driver improvement clinic or a DUI Alcohol or Drug Use Risk Reduction Program.
-
- The department is designated as the agency responsible for establishing criteria for the certification of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant shall meet the certification criteria promulgated by the department through its standards and shall provide assessment component services and intervention component services. A certified DUI Alcohol or Drug Use Risk Reduction Program shall require that a risk assessment component be conducted prior to administering the intervention component of such program. A certified DUI Alcohol or Drug Use Risk Reduction Program may include a clinical evaluation component after an individual completes risk assessment and intervention services. Only clinical evaluators licensed by the Department of Behavioral Health and Developmental Disabilities shall be qualified to conduct clinical evaluations. The department is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed.
- Certified DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of $100.00 for the assessment component and $235.00 for the intervention component. An additional fee for required student program materials shall be established by the department in such an amount as is reasonable and necessary to cover the cost of such materials.
-
No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such program agrees in writing to submit reports as required in the rules and regulations of the department and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department or its authorized agent.
-
DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs in existence prior to July 1, 1990, which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available in the political subdivision.
- The Department of Corrections shall be authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Driver Services. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration.
- No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such program agrees in writing to pay to the state, for the costs of administration, a fee of $30.00 for each offender assessed, provided that nothing in this Code section shall be construed to allow the department to retain any funds required by the Constitution to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the “Budget Act,” except Code Section 45-12-92, prior to expending any such miscellaneous funds.
-
- Each applicant for certification to own or operate a driver improvement clinic shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified.
- No applicant shall be certified unless he or she is a United States citizen, or if not a citizen, he or she presents federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law.
40-5-83.1.[Repealed] Special licenses for driver improvement clinic instructors qualified to teach alcohol and drug course; clinic course offering.¶
40-5-84.Reinstatement of licenses suspended for certain offenses or for points.¶
-
Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail.
-
The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of a defensive driving course approved by the department and the payment of a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail.
-
The license of any person whose license is suspended for the first time within a five-year period as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail.
-
The license of any person whose license is suspended for the second time within a five-year period as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail.
-
The license of any person whose license is suspended for the third or subsequent time within a five-year period as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department upon receipt by the department of a certificate of completion of a defensive driving course approved by the department and the payment of a restoration fee of $410.00 or $400.00 when such reinstatement is processed by mail.
40-5-85.Reinstatement of licenses suspended for driving under influence of alcohol or drugs; red stripe on licenses of repeat offenders.¶
Notwithstanding any other provision of this chapter, any person convicted within five years of his or her first conviction as measured in paragraph (2) of subsection (c) of Code Section 40-6-391 for a second time of the offense of driving under the influence of alcohol or drugs in violation of Code Section 40-6-391 shall, upon compliance with all other requirements for reinstatement of his or her license as provided for in this chapter, be issued a driver’s license which may bear a red stripe thereon. After seven years with no additional convictions for driving under the influence of alcohol or drugs any such person shall be issued a regular driver’s license without such red stripe provided that he or she is otherwise entitled to such license under the laws of this state.
40-5-85.1.[Repealed] Driver improvement clinic ownership, operation, instruction, or employment by Department of Corrections employee or spouse.¶
40-5-85.2.[Repealed] Attendance authorized at any driver improvement clinic or program certified under this article.¶
40-5-86.Reduction of point count upon completion of course.¶
Upon the accumulation of points pursuant to Code Section 40-5-57, the total number of points accumulated by any driver shall be reduced by seven points, but to not less than zero points, upon the satisfactory completion by such driver of a defensive driving course approved by the department and the submission of a certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any five-year period.
40-5-87.Conditions of article exclusive.¶
The requirements and conditions of this article and the rules and regulations adopted pursuant to this article shall be the exclusive requirements for restoration of a license under this article or the issuance of a limited driving permit under this article.
40-5-88.Administrative penalties.¶
-
As an alternative to criminal or other civil enforcement, the commissioner of driver services in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued.
-
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, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner of driver services shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of driver services 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 such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article.
Article 5 Identification Cards for Persons Without Drivers’ Licenses¶
-
40-5-103. Fee; issuance period; exemptions from fees; renewal.
-
40-5-106. Impact of display to officer of identification in electronic format.
40-5-100.Personal identification cards; contents; possession of more than one card prohibited; optional contributions to and participation in voluntary programs.¶
-
The department shall issue personal identification cards to any resident, as such term is defined in Code Section 40-5-1, who makes an application to the department in accordance with rules and regulations prescribed by the commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers’ licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers’ licenses, shall be in physical format and, upon election of the applicant, in an electronic format, and may contain a recent photograph of the applicant and include the following information:
-
Full legal name;
-
Address of residence;
-
Birth date;
-
Date identification card was issued;
- Sex;
- Height;
- Weight;
-
Eye color;
-
Signature of person identified or facsimile thereof;
- Designation of participation in an anatomical gift donation program when such person is eligible to make such gift pursuant to Code Section 44-5-142; and
- Such other information or identification as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application.
-
-
An identification card issued pursuant to this Code section shall be valid for a period of eight years, shall bear the signatures of the commissioner and the Governor, and shall bear an identification card number which shall not be the same as the social security number.
-
-
No person may possess more than one identification card issued pursuant to this Code section; provided, however, that this subsection shall not be construed to prevent a person issued a driver’s license, instruction permit, or limited driving permit pursuant to this title from also possessing an identification card issued under this article.
-
- Any person who applies for an identification card shall indicate on such application whether he or she is in possession of any other valid identification card, driver’s license, instruction permit, or limited driving permit issued pursuant to this title or by any other jurisdiction.
- Except as provided in paragraph (3) of this subsection, each applicant for an identification card shall surrender to the department any valid identification card, driver’s license, instruction permit, or limited driving permit previously issued pursuant to this title or by any other jurisdiction. The department shall physically mark any surrendered identification card, driver’s license, instruction permit, or limited driving permit in a manner which makes it apparent that such card, license, or permit is no longer valid and return the card, license, or permit to such person.
- The department shall issue a receipt to a person eligible to be issued an identification card pursuant to the requirements of this title. Such receipt may be used as proof of issuance until the person has received his or her permanent identification card.
- If a surrendered identification card, driver’s license, instruction permit, or limited driving permit was issued by another jurisdiction, the department shall forward the surrendered card, license, or permit information to the previous jurisdiction.
-
-
Any noncitizen who is eligible for issuance of an identification card pursuant to the requirements of this title and is in possession of an identification card or driver’s license issued by a foreign jurisdiction may be issued an identification card without surrendering the foreign driver’s license or identification card. This exemption shall not apply to a person who is required to terminate any previously issued identification card pursuant to federal law.
-
The department shall make a notation on the driving record of any person who retains a foreign identification card or driver’s license, and this information shall be made available to law enforcement officers and agencies on such person’s driving record through the Georgia Crime Information Center.
-
-
-
An application for identification card renewal may be submitted by:
-
Personal appearance before the department; or
-
Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to customers, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from the surrender requirement in this Code section.
-
-
-
The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia.
-
The department shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization information provided for in Article 6 of Chapter 5 of Title 44, the “Georgia Revised Uniform Anatomical Gift Act,” including the name, personal identification card number, date of birth, gender, and most recent address of any person who obtains an organ donor identification card; provided, however, that the gender information shall be made available only to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs of providing such information. Information so obtained by such organizations and centers shall be used for a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated.
-
-
- The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding blindness and to address the need for blindness prevention screenings, treatments, and rehabilitation for the benefit of the citizens of Georgia.
- Each application form for issuance, reissuance, or renewal of a personal identification card under this Code section shall include language permitting the applicant to make a voluntary contribution of $1.00 to be used for purposes of preventing blindness and preserving the sight of residents of this state. Any such voluntary contribution shall be made at the discretion of the applicant at the time of application in addition to payment of the personal identification card fee prescribed by the commissioner.
- Voluntary contributions made pursuant to this subsection shall be transmitted to the Department of Public Health for use thereby in providing the blindness education, screening, and treatment program provided by Code Section 31-1-23.
40-5-101.Rules and regulations.¶
The commissioner shall promulgate rules and regulations under which this article shall be implemented and administered.
40-5-102.Applicant to furnish proof of birth date.¶
The department shall require an applicant for an identification card to furnish a birth certificate or other verifiable evidence stating the applicant’s birth date.
40-5-103.Fee; issuance period; exemptions from fees; renewal.¶
-
Except as provided in Code Section 40-5-21.1 and subsections (b) and (c) of this Code section, the department shall collect a fee of $20.00 for a five-year card and a fee of $32.00 for an eight-year card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle driver’s license fees.
(a.1)The maximum period for which any identification card shall be issued is eight years.
-
The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agreement with the department whereby such organization verifies that the individual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements.
-
The department shall not be authorized to collect a fee for an identification card from those persons who are entitled to a free veterans’ or honorary driver’s license under the provisions of Code Section 40-5-36.
-
The department shall not be authorized to collect a fee for an identification card from any person:
-
Who swears under oath that he or she desires an identification card in order to vote in a primary or election in Georgia and that he or she does not have any other form of identification that is acceptable under Code Section 21-2-417 for identification at the polls in order to vote; and
-
Who produces evidence that he or she is registered to vote in Georgia.
This subsection shall not apply to a person who has been issued a driver’s license in this state.
-
-
The commissioner may by rule authorize incentive discounts where identification cards are renewed by Internet, telephone, or mail. Any person who has previously been issued a driver’s license who transitions from such license or applies for an identification card in addition to such license shall be eligible for such incentive discounts.
-
- Every identification card shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of any other requirements imposed by law.
-
An application for renewal of an identification card may be submitted by:
-
Personal appearance before the department; or
-
Subject to rules or regulations of the department consistent with considerations of public safety and efficiency of service to identification card holders, means other than personal appearance which may include, without limitation, by mail or electronically. The department may by such rules or regulations exempt persons renewing, obtaining, or transitioning to identification cards under this paragraph from any surrender requirement imposed under Georgia law.
-
-
Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any identification card solely due to a change of the identification card holder’s name or address, provided that such replacement identification card shall be valid only for the remaining period of such original term; and provided, further, that only one such free replacement identification card may be obtained within the period for which the identification card was originally issued. Any application for the replacement of a lost identification card or due to a change in the identification card holder’s name or address submitted within 150 days of the expiration of said identification card shall be treated as an application for renewal subject to the applicable fees as set forth in this Code section.
40-5-104.False statement in application.¶
Any person who knowingly makes any false statement in an application for an identification card provided for by this article shall be guilty of a violation of Code Section 16-10-20.
40-5-105.Application of Code Section 40-5-2.¶
The provisions of Code Section 40-5-2 regarding the maintenance and disclosure of department records shall apply, where relevant, to those records maintained or received by the department in connection with identification cards issued under this article.
40-5-106.Impact of display to officer of identification in electronic format.¶
Any person utilizing a wireless telecommunications device as such term is defined in Code Section 40-6-241 to display his or her identification card in electronic format shall not be considered to have consented to a search of such device by a law enforcement officer.
Article 6 Miscellaneous Offenses and Jurisdiction of Offenses {#t40c05a06}
- 40-5-122. Permitting unlicensed person to drive.
- 40-5-123. Permitting unauthorized minor to drive.
- 40-5-124. Jurisdiction of offenses.
- 40-5-125. Fraudulent driver’s license or identification card; false statements or commission of fraud in applications; criminal violation.
40-5-120.Unlawful use of license or identification card; penalties for violations of chapter generally.¶
It is a misdemeanor for any person to:
-
Display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver’s license or personal identification card issued pursuant to Code Section 40-5-100;
-
Fail or refuse to surrender to the department upon lawful demand any driver’s license or personal identification card issued pursuant to Code Section 40-5-100 which has been suspended, revoked, disqualified, or canceled;
-
Permit any unlawful use of a driver’s license or personal identification card issued pursuant to Code Section 40-5-100 issued to such person;
-
Do any act forbidden or fail to perform any act required by this chapter for which a criminal sanction is not provided elsewhere in this chapter; or
- Scan another person’s driver’s license, permit, or identification card without the person’s prior knowledge and consent. If a person consents to the scanning of his or her driver’s license, permit, or identification card, the information collected may be stored and used for any legitimate purpose. Each unlawful act of storage, disclosure, or usage in violation of this paragraph shall be considered a separate violation of this Code section. This prohibition shall not apply to law enforcement officers or any governmental entity that scans a driver’s license, permit, or identification card to verify the contents thereof or to gather information for use for any governmental purpose.
40-5-121.Driving while license suspended or revoked.¶
-
Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state without being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his or her privilege to so drive is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall be fingerprinted and shall be punished by imprisonment for not less than two days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00. Such fingerprints, taken upon conviction, shall be forwarded to the Georgia Crime Information Center where an identification number shall be assigned to the individual for the purpose of tracking any future violations by the same offender. For the second and third conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00. For the fourth or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, and there may be imposed in addition thereto a fine of not less than $2,500.00 nor more than $5,000.00.
-
- The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (e) of Code Section 40-5-75, shall impose an additional suspension or disqualification of six months. Upon the expiration of six months, the department shall reinstate the license. The reinstatement fee for a first such conviction within a five-year period shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction within a five-year period shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction within a five-year period shall be $410.00 or $400.00 if paid by mail.
- The court shall be required to confiscate the license, if applicable, and attach it to the uniform citation and forward it to the department within ten days of conviction. The period of suspension or disqualification provided for in this Code section shall begin on the date the person is convicted of violating this Code section.
-
For purposes of pleading nolo contendere, only one nolo contendere plea will be accepted to a charge of driving without being licensed or with a suspended or disqualified license within a five-year period as measured from date of arrest to date of arrest. All other nolo contendere pleas in this period will be considered convictions. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. There shall be no limited driving permit available for a suspension or disqualification under this Code section.
- Notwithstanding the limits set forth in Code Section 40-5-124 and in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishment for a misdemeanor or misdemeanor of a high and aggravated nature as applicable and provided for in this Code section upon a conviction of a nonfelony charge of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.
40-5-122.Permitting unlicensed person to drive.¶
No person shall knowingly authorize or permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under this chapter or who is not licensed for the type or class of vehicles to be driven or in violation of any of the provisions of this chapter.
40-5-123.Permitting unauthorized minor to drive.¶
No person shall cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor is not authorized under this chapter or in violation of any of the provisions of this chapter. This Code section shall not apply to any vehicle not required to be registered by the laws of this state.
40-5-124.Jurisdiction of offenses.¶
-
Any person charged with an offense under this chapter may be tried in any municipal court of any municipality if the offense occurred within the corporate limits of such municipality. Such courts are granted the jurisdiction to try and dispose of such cases. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines and bond forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. Any person charged with an offense under this chapter shall be entitled to request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred.
-
Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality’s charter.
40-5-125.Fraudulent driver’s license or identification card; false statements or commission of fraud in applications; criminal violation.¶
-
It is a misdemeanor for any person to:
-
Lend his or her driver’s license or identification card to any other person or permit knowingly the use thereof by another person; or
-
Display or represent as his or her own any driver’s license or identification card not issued to him or her.
-
-
Any person who uses a false or fictitious name or gives a false or fictitious address in an application for a driver’s license provided for by this chapter shall be guilty of a violation of Code Section 16-10-20.
-
Any person who knowingly makes any false statement, conceals a material fact, or otherwise commits a fraud during the driver’s license examination for a driver’s license, including a commercial driver’s license or commercial driver’s instruction permit, shall be guilty of a violation of Code Section 16-10-20.
Article 7 Commercial Drivers’ Licenses {#t40c05a07}
-
40-5-141. Purpose and applicability of article; liberal construction.
- 40-5-143. Driving commercial motor vehicle with more than one license prohibited.
- 40-5-144. Notice required of driver when convicted of violating certain laws or when license is suspended, revoked, or canceled; information required of applicant for license.
-
40-5-146. Operation of commercial motor vehicle without valid license or driving privilege.
- 40-5-147. Requirements for issuance of license or instruction permit; administration of skills test by third party; waiver or exemption; disqualification and notice.
-
40-5-148.1. Restricted commercial licenses for persons in agricultural industry.
-
40-5-148.2. Issuance of nonresident commercial drivers’ licenses.
-
40-5-148.3. Submission of medical examiner’s certificate; penalty for false submissions.
- 40-5-151. Disqualification from driving; action required after suspending, revoking, or canceling license or nonresident privileges.
- 40-5-152. Operating vehicle while having measurable alcohol in system; refusal to take chemical test.
- 40-5-153. Implied consent to chemical test; administration of test; procedure.
- 40-5-154. Notice to licensing state of conviction of nonresident licensee for violation of state law or local ordinance.
- 40-5-155. Information to be available to driver’s license administrators of other states, employers, and insurers.
- 40-5-156. Rules and regulations.
-
40-5-157. Authority for commissioner to enter into agreements, arrangements, or declarations.
40-5-140.Short title.¶
This article shall be known and may be cited as the “Uniform Commercial Driver’s License Act.”
40-5-141.Purpose and applicability of article; liberal construction.¶
The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by permitting commercial drivers to hold only one license; disqualifying commercial drivers who have committed certain criminal or other offenses or serious traffic violations; and strengthening commercial driver licensing and testing standards. This article is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this article conflicts with general driver licensing provisions, this article shall prevail.
Where this article is silent, the general driver licensing provisions shall apply.
40-5-142.Definitions.¶
As used in this article, the term:
-
“Alcohol” means:
- Beer, ale, port, or stout and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
- Wine of not less than one-half of 1 percent of alcohol by volume;
-
Distilled spirits which means that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced; or
-
Any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol, and isopropanol.
-
“Alcohol concentration” means:
- The number of grams of alcohol per 100 milliliters of blood;
- The number of grams of alcohol per 210 liters of breath; or
- The number of grams of alcohol per 67 milliliters of urine.
-
“Commerce” means:
-
Trade, traffic, and transportation within the jurisdiction of the United States between locations in a state and between a location in a state and a location outside such state including a location outside the United States; and
-
Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subparagraph (A) of this paragraph.
-
-
“Commercial Driver License Information System” (CDLIS) means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986, Title XII, Public Law 99-570, to serve as a clearing-house for locating information related to the licensing and identification of commercial motor vehicle drivers.
- “Commercial driver’s instruction permit” means a permit issued pursuant to subsection (c) of Code Section 40-5-147.
- “Commercial driver’s license” (CDL) means a license issued in accordance with the requirements of this article to an individual which authorizes the individual to drive a class of commercial motor vehicle.
-
“Commercial motor vehicle” means a motor vehicle designed or used to transport passengers or property:
- If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation;
- If the vehicle is designed to transport 16 or more passengers, including the driver; or
-
If the vehicle is transporting hazardous materials as designated under 49 U.S.C. Section 5103 and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F or is transporting any quantity of a material listed as a select agent or toxin in Title 42 C.F.R. Part 73;
provided, however, that for the purposes of this article, no agricultural vehicle, commercial vehicle operated by military personnel for military purposes, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial motor vehicle. As used in this paragraph, the term “fire-fighting or emergency equipment vehicle” means an authorized emergency vehicle as defined in paragraph (5) of Code Section 40-1-1; provided, however, that the vehicle must be equipped with audible and visible signals and shall be subject to traffic regulations in accordance with the requirements of Code Section 40-6-6. As used in this paragraph, the term “agricultural vehicle” means a farm vehicle which is controlled and operated by a farmer, including operation by employees or family members; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person’s farm; which vehicle is not used in the operations of a common or contract carrier. Any other waiver by the Federal Motor Carrier Safety Administration pursuant to Federal Law 49 C.F.R. Parts 383 and 384 of the United States Department of Transportation shall supersede state law in authorizing the Department of Driver Services to exempt said classes.
-
“Controlled substance” means any substance so defined under Code Section 16-13-21 and includes all substances listed in Schedules I through V of 21 C.F.R. Part 1308, as they may be revised from time to time.
-
“Conviction” means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.
-
“Disqualification” means any of the following:
-
The suspension, revocation, or cancellation of a commercial driver’s license by any state or jurisdiction of issuance;
-
The withdrawal of a person’s privilege to drive a commercial motor vehicle by any state or by any other jurisdiction as the result of a violation of any state or local law relating to motor vehicle traffic control, other than parking, vehicle weight, or vehicle defect violations; or
-
A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle.
-
-
“Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of Code Sections 40-5-151 and 40-5-152, “drive” includes operation or actual physical control of a motor vehicle anywhere in this state, in any other state, or in any foreign jurisdiction.
-
“Driver” means any person who drives, operates, or is in actual physical control of a commercial motor vehicle in any place open to the general public for purposes of vehicular traffic or who is required to hold a commercial driver’s license.
-
“Driver’s license” means a license issued by a state to any individual which authorizes the individual to drive a motor vehicle.
(13.1)“Driving a vehicle under the influence” means committing any one or more of the following acts while a person is driving or in actual physical control of a moving commercial or noncommercial vehicle:
- Driving under the influence, as prescribed by Code Section 40-6-391 or any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction; or
- Refusal to submit to state administered chemical testing when requested to do so by a law enforcement officer.
-
“Employer” means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle on its behalf.
(14.1)“Fatality” means the death of a person as a result of a motor vehicle crash.
-
“Felony” means any offense under state or federal law that is punishable by death, by imprisonment for life, or by imprisonment for more than 12 months.
-
“Foreign jurisdiction” means any jurisdiction other than a state of the United States.
-
“Gross vehicle weight rating” (GVWR) means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater. The gross vehicle weight rating of a combination (articulated) vehicle, commonly referred to as the “gross combination weight rating” (GCWR), is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer or manufacturers, the gross vehicle weight rating of a combination (articulated) vehicle is the gross vehicle weight rating of the power unit plus the total weight of the towed unit or units, including the loads on them.
-
“Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C. Section 5103 and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F or any quantity of a material listed as a select agent or toxin in Title 42 C.F.R. Part 73.
(18.1)“Imminent hazard” means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(18.2)“Major traffic violation” means a conviction of any of the following offenses or a conviction of any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction, when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle:
- Driving a vehicle under the influence in violation of Code Section 40-6-391;
- Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, failure to report striking an unattended vehicle in violation of Code Section 40-6-271, failure to report striking a fixed object in violation of Code Section 40-6-272, or failure to report an accident in violation of Code Section 40-6-273;
-
Except as provided in subsection (b) of Code Section 40-5-151, any felony in the commission of which a motor vehicle is used;
-
Driving a commercial motor vehicle while the person’s commercial driver’s license or commercial driving privilege is revoked, suspended, canceled, or disqualified;
-
Homicide by vehicle in violation of Code Section 40-6-393;
- Racing on highways or streets in violation of Code Section 40-6-186;
- Using a motor vehicle in fleeing or attempting to elude an officer in violation of Code Section 40-6-395;
- Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or subsection (c) of Code Section 40-5-125;
- Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15;
-
Violating Code Sections 16-8-2 through 16-8-9, if the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto or the cargo being transported therein or thereon; or
-
Refusing to submit to a state administered chemical test requested by a law enforcement officer pursuant to Code Section 40-5-55.
-
“Motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
(19.1)“Noncommercial motor vehicle” means a motor vehicle or combination of vehicles not defined by the term “commercial motor vehicle” in this Code section or in the regulations of the department for the purpose of licensure.
-
“Nonresident commercial driver’s license” means a commercial driver’s license issued by a state to any individual who resides in a foreign jurisdiction.
-
“Out-of-service order” means a temporary prohibition against driving a commercial motor vehicle.
(21.1)“School bus” means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school sponsored events. The term does not include a bus used as a common carrier.
-
“Serious traffic violation” means conviction of any of the following offenses or a conviction of any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction, when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle:
- Speeding 15 or more miles per hour above the posted speed limit;
-
Reckless driving;
-
Following another vehicle too closely;
- Improper or erratic lane change, including failure to signal a lane change;
- A violation, arising in connection with a fatal crash, of state law or a local ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations, and excluding homicide by vehicle as defined in Code Section 40-6-393;
-
A railroad grade crossing violation in a noncommercial motor vehicle;
-
Driving a commercial motor vehicle without obtaining a commercial driver’s license;
- Driving a commercial motor vehicle without a commercial driver’s license in the driver’s immediate possession, and excluding such violations when the person’s commercial driver’s license or commercial driving privilege is suspended, revoked, canceled, or disqualified;
-
Driving a commercial motor vehicle without a commercial driver’s license of the proper class and endorsements for the specific vehicle being operated or for the passengers or type of cargo transported; or
-
Use of a wireless telecommunications device in violation of Code Section 40-6-241 while driving a commercial motor vehicle.
-
“State” means a state of the United States and the District of Columbia.
- “Tank vehicle” means any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined by federal law. However, the term “tank vehicle” shall not include a portable tank having a rated capacity under 1,000 gallons.
- “United States” means the 50 states and the District of Columbia.
40-5-143.Driving commercial motor vehicle with more than one license prohibited.¶
No person who drives a commercial motor vehicle shall have more than one driver’s license.
40-5-144.Notice required of driver when convicted of violating certain laws or when license is suspended, revoked, or canceled; information required of applicant for license.¶
- Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify the department in the manner specified by the department within 30 days of the date of conviction. If the court notifies the department of such conviction, the responsibility of the driver to notify the department shall be waived.
-
Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify his or her employer in writing of the conviction within 30 days of the date of conviction.
-
Each driver whose driver’s license is suspended, revoked, or canceled by any state; who loses the privilege to drive a commercial motor vehicle in any state for any period; or who is disqualified from driving a commercial motor vehicle for any period shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact.
-
Each person who applies to be a commercial motor vehicle driver shall, at the time of the application, provide the employer with the following information for the ten years preceding the date of application:
-
A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle;
-
The dates between which the applicant drove for each employer; and
-
The reason for leaving that employer.
The applicant shall certify that all information furnished is true and complete.
An employer may require an applicant to provide additional information.
-
40-5-145.Duties of employer.¶
-
Each employer shall require every commercial motor vehicle driver applicant to provide the information specified in subsection (d) of Code Section 40-5-144.
-
No employer may knowingly allow, require, permit, or authorize a driver to drive a commercial motor vehicle during any period:
-
In which the driver has a driver’s license suspended, revoked, or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state; or has been disqualified from driving a commercial motor vehicle;
-
In which the driver has more than one driver’s license;
-
In which the driver, or the commercial motor vehicle that he or she is driving, or the motor carrier operation, is subject to an out of service order; or
-
In violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.
-
40-5-146.Operation of commercial motor vehicle without valid license or driving privilege.¶
- Except when driving under a commercial driver’s instruction permit and accompanied by the holder of a commercial driver’s license valid for the vehicle being driven, no person may operate a commercial motor vehicle unless the person has been issued and is in immediate possession of a commercial driver’s license valid for the vehicle he or she is driving.
-
- No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, or while subject to a disqualification.
- No person may drive a commercial motor vehicle in violation of an out of service order.
40-5-147.Requirements for issuance of license or instruction permit; administration of skills test by third party; waiver or exemption; disqualification and notice.¶
-
-
-
Except as otherwise provided in Code Section 40-5-148, no person shall be issued a commercial driver’s license unless that person: 1. Is a resident of this state;
- Is at least 18 years of age;
- Has completed a commercial driver training course which complies with 49 C.F.R. Parts 383 and 384;
- Has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H; and
- Has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation.
2. Any test required pursuant to this Code section shall be conducted by the department in English only.
- The department may authorize a third party, including an agency of this or another state, an employer, a driver training school, or a public or private high school or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that:
- The test is the same which would otherwise be administered by the state;
- The test is the same which would otherwise be administered by the state;
- The department may authorize a third party, including an agency of this or another state, an employer, a driver training school, or a public or private high school or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that:
-
The third party has entered into an agreement with the state which complies with the requirements set forth in 49 C.F.R. Part 383.75;
-
The third party complies with all other requirements set by the department by regulations; and
-
The third party possesses and maintains a surety bond in an amount to be set by the department through regulations. Such amount shall be sufficient to pay for retesting of drivers if required due to examiners engaging in fraudulent activities related to the skills test.
- Only the department or the American Association of Motor Vehicle Administrators shall certify examiners to administer the road skills test specified by this Code section. Such certification shall include the performance of a national criminal history background check in accordance with Code Section 35-3-34.2 and the passage of an initial training course that provides the examiner with a fundamental understanding of the objectives of the skills test for driving a commercial vehicle. A certified examiner shall complete a refresher training course every four years in order to retain certification. Certification shall be revoked for any examiner who fails to complete the refresher course or any other examination deemed appropriate for certification by the department through rules or regulations.
- No person who trains or instructs an applicant shall be eligible to administer the skills test required by this Code section to such applicant.
-
-
-
The department may waive the skills test specified in this Code section for a commercial driver’s license applicant who meets the requirements of 49 C.F.R. Part 383.77.
-
-
A commercial driver’s instruction permit may be issued to any individual who holds a valid noncommercial Class C license or has passed all required tests for the operation of a noncommercial Class C vehicle and is 18 years of age.
-
Before issuing a commercial driver’s instruction permit, the department shall obtain the driving record of an applicant through the Commercial Driver’s License Information System, through the National Driver Register (NDR), and from each state in which the applicant has been licensed.
-
An applicant for the commercial driver’s instruction permit must pass the vision test and the knowledge and skills tests for the type of vehicle he or she intends to operate along with any knowledge and skills test required for any desired endorsements.
- The commercial driver’s instruction permit shall not be issued for a period to exceed 365 days. Upon the expiration of the 365 day term, the commercial driver’s instruction permit holder shall upgrade to a commercial driver’s license or submit a new application, pay the required fees, and retake the required knowledge and skills tests to obtain a commercial driver’s instruction permit. The holder of a commercial driver’s instruction permit may drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver’s license valid for the class of vehicle being operated, along with all required endorsements and restrictions, who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
-
The department shall issue a commercial driver’s instruction permit to a qualified applicant prior to the issuance of any endorsement which requires the administration of a commercial driver’s license skills test or prior to the removal of any restrictions.
-
No commercial driver’s license shall be issued until an applicant has first obtained a commercial driver’s instruction permit. No skills test required for the issuance of a commercial driver’s license shall be given until 14 days have expired from the issuance of a commercial driver’s instruction permit.
-
-
-
Commercial drivers’ instruction permits may be issued with the endorsements and restrictions enumerated in 49 C.F.R. Part 383.153(b).
-
Commercial drivers’ licenses may be issued with the endorsements and restrictions enumerated in 49 C.F.R. Part 383.153(a).
-
-
-
A commercial driver’s license or commercial driver’s instruction permit shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person’s driver’s license or driving privilege is suspended, revoked, or canceled in this or any other licensing jurisdiction; nor may a driver’s license be issued to a person who has a commercial driver’s license issued by any other state unless the person first surrenders all driver’s licenses issued by any other state, which shall be returned to the issuing state or states for cancellation.
-
The department shall obtain the driving record of any person who applies for a commercial driver’s license or commercial driver’s instruction permit from any other states in which he or she has been licensed or convicted. Upon receipt of conviction information for such a person, said convictions shall become part of the person’s driving record in the State of Georgia as provided in Code Section 40-5-2. The department shall review each such person’s prior driving record and impose any commercial driving disqualification to which such person is subject that was not imposed by another jurisdiction as required under federal law.
-
-
-
Any person who violates subsection (b) of Code Section 40-5-125 shall be disqualified from obtaining a commercial driver’s license or commercial driver’s instruction permit for a period of not less that 60 days.
-
Any person who violates subsection (c) of Code Section 40-5-125 shall be disqualified from driving a commercial motor vehicle and reapplying for a commercial driver’s license or commercial driver’s instruction permit for a period of not less than one year.
- The department shall notify the holder of a commercial driver’s license or commercial driver’s instruction permit through first-class mail if the department suspects a person has committed a violation of subsection (b) or (c) of Code Section 40-5-125, but no conviction for such offenses has been entered, or if the department has received credible information that a person’s examination results may have been compromised due to fraud by either the applicant or a third party. Such notice shall include a statement regarding the specific allegations of suspected fraud, including the identification of the credible source if applicable, and that such person is required to retake the skills test or knowledge test or both. Within 30 days of receiving notification from the department that retesting is necessary, the affected commercial driver’s instruction permit holder or commercial driver’s license holder shall make an appointment or otherwise schedule to take the next available test. If the commercial driver’s instruction permit holder or commercial driver’s license holder fails to make an appointment within 30 days, the department shall disqualify such person from obtaining a commercial driver’s instruction permit or commercial driver’s license. If the commercial driver’s instruction permit holder or commercial driver’s license holder either fails the knowledge or skills test or does not take the test, the department shall disqualify such person from obtaining a commercial driver’s instruction permit or commercial driver’s license. If a commercial driver’s instruction permit holder or commercial driver’s license holder has been disqualified from obtaining a commercial driver’s instruction permit or commercial driver’s license, he or she shall reapply for a commercial driver’s instruction permit or commercial driver’s license under department procedures applicable to all commercial driver’s instruction permit and commercial driver’s license applicants in order to operate a commercial motor vehicle.
-
-
The department is authorized to promulgate rules necessary to grant a waiver or exemption of the physical requirements for a commercial driver’s license or a commercial driver’s instruction permit in 49 C.F.R. Part 391, Subpart E; provided, however, that the person who is applying for a commercial driver’s license or a commercial driver’s instruction permit or who has previously been issued a commercial driver’s license and who is granted the waiver or exemption shall only be authorized to drive a commercial motor vehicle in this state. Notwithstanding this subsection, the department shall not grant any type of waiver or exemption of said physical requirements unless such type of waiver or exemption has previously been granted by the Federal Motor Carrier Safety Administration.
40-5-148.Nonresident license.¶
The department may issue a nonresident commercial driver’s license to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards of the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. Part 383. The word “nonresident” must appear on the face of the nonresident commercial driver’s license. An applicant must surrender any nonresident commercial driver’s license issued by another state. Prior to issuing a nonresident commercial driver’s license, the department must establish the practical capability of revoking, suspending, and canceling the nonresident commercial driver’s license and disqualifying that person from driving a commercial motor vehicle under the same conditions applicable to the commercial driver’s license issued to a resident of this state.
40-5-148.1.Restricted commercial licenses for persons in agricultural industry.¶
- Pursuant to a waiver of the United States Secretary of Transportation, issued April 17, 1992, the department is authorized to issue Class B or Class C restricted commercial drivers’ licenses to certain persons employed in the agricultural industry. Such restricted licenses shall be issued annually but shall not be valid for more than a total of 180 days in a 12 month period.
- A person shall not be required to pass a knowledge or skills test for issuance of a restricted commercial driver’s license, except that such person shall possess a valid noncommercial driver’s license, have at least one year’s driving experience, submit an application for and submit proof of all information required for a commercial driver’s license except for the testing requirements, and not be subject to any other disqualification from driving a commercial motor vehicle or be under any suspension or revocation of such person’s regular driver’s license.
-
The holder of a restricted commercial driver’s license issued pursuant to this Code section may operate a commercial motor vehicle only within 150 miles of the place of business at which such person is employed and only during such seasonal periods as indicated on such person’s restricted driver’s license. The holder of a restricted commercial driver’s license shall be authorized to transport only the following hazardous materials requiring placarding: diesel fuel in quantities of 1,000 gallons or less; liquid fertilizers in vehicles with total capacities of 3,000 gallons or less, including anhydrous ammonia and other types of liquid fertilizers in vehicles or implements of husbandry with total capacities of 3,000 gallons or less; and solid fertilizers not mixed with any organic substance.
-
All holders of restricted commercial drivers’ licenses shall be subject to disqualifications and penalties under Code Sections 40-5-151 through 40-5-153 and shall be subject to all notices, verifications, and license checks otherwise required under this article.
- The department shall promulgate rules and regulations as necessary to implement this Code section by September 1, 1993.
40-5-148.2.Issuance of nonresident commercial drivers’ licenses.¶
If an individual is a resident of another state while that other state is prohibited from issuing commercial drivers’ licenses pursuant to 49 C.F.R. Section 384.405, that individual is eligible to obtain a nonresident commercial driver’s license. The individual shall provide the information specified in Code Section 40-5-149. The department shall promulgate rules and regulations as necessary to implement this Code section within 90 days of being notified that a state will be prohibited from issuing commercial drivers’ licenses.
40-5-148.3.Submission of medical examiner’s certificate; penalty for false submissions.¶
- Any person applying for issuance or renewal of a commercial driver’s license shall submit a certification of his or her type of driving and a current medical examiner’s certificate to the department as required by 49 C.F.R. Parts 383 and 391. Receipt of such current medical examiner’s certificate shall be reflected upon such person’s driving record and posted to his or her CDLIS driver record as his or her medical certification status.
-
Upon the expiration of the medical examiner’s certificate submitted to the department pursuant to this Code section, the department shall update the medical certification status of such person on his or her driving record and his or her CDLIS driving record. The department shall notify such person of the change of his or her medical certification status and advise such person that he or she will be disqualified from operating a commercial motor vehicle indefinitely if such person does not submit a current medical examiner’s certificate to the department within 60 days. Such notice shall be sent via certified mail or such other delivery service obtained by the department that results in delivery confirmation to the address reflected on its records as the driver’s mailing address.
-
A commercial driving disqualification imposed as the result of the expiration of a medical examiner’s certificate shall be reinstated, and changes to a person’s medical certification status shall be updated upon receipt of a current medical examiner’s certificate.
-
The department shall suspend the commercial driving privilege or commercial driver’s license of any person who submits a medical examiner’s certificate containing false information. The period of such suspension shall be 60 days.
40-5-149.Contents of application; application required when name, mailing address, or residence changed.¶
-
The application for a commercial driver’s license or commercial driver’s instruction permit shall include the following:
- The full legal name and current mailing and residential address of the person;
- A physical description of the person including sex, height, weight, and eye color;
-
Full date of birth;
-
Reserved;
-
The person’s signature;
-
The person’s current photograph;
- Certifications, including those required by 49 C.F.R. Part 383.71(a);
-
Any other information required by the department; and
-
Consent to release driving record information to the Commercial Driver License Information System clearing-house and whatever agent or agency the Commercial Driver License Information System deems necessary by federal requirements.
Each application shall be accompanied by an application fee of $35.00, except for those who operate or are applying to operate a public school bus and inmates of state or county correctional institutions who operate or are applying to operate commercial motor vehicles under the supervision of such institutions during the period of such inmates’ confinement, in which cases there shall be no application fee.
-
When a licensee changes his or her name, mailing address, or residence, an application for a new license shall be made within 30 days of such change. The fee for such new license shall be as provided in Code Section 40-5-25.
-
No person who has been a resident of this state for 30 days or longer may drive a commercial motor vehicle under the authority of a commercial driver’s license issued by another jurisdiction. It shall be the responsibility of the employer to notify the employee of the license issuance law of this state.
-
Except as provided in Code Section 40-5-36, relating to veterans’ licenses and except as provided in this Code section for public school bus drivers, there shall be no exceptions to the application and licenses fees required for issuance of a commercial driver’s license or a commercial driver’s instruction permit.
40-5-150.Contents of license; classifications; endorsements and restrictions; information to be obtained before issuance; notice of issuance; expiration of license; renewal.¶
-
The commercial driver’s license shall be marked “Commercial Driver’s License” or “CDL” and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information:
- The full legal name and residential address of the person;
-
The person’s photograph;
-
A physical description of the person, including sex, height, weight, and eye color;
-
Full date of birth;
- The license number or identifier assigned by the department;
- The person’s signature;
- The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions;
- The name of this state; and
- The dates between which the license is valid.
-
Commercial driver’s licenses may be issued with the following classifications:
- Class A — Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;
-
Class B — Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating;
-
Class C — Any single vehicle with a gross vehicle weight rating of less than 26,001 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, or any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating less than 26,001 pounds. This classification shall apply to vehicles designed to transport 16 or more passengers, including the driver, and vehicles used in the transportation of hazardous materials which require the vehicles to be placarded under 49 C.F.R. Part 172, subpart F;
-
Class M — A motorcycle as defined in Code Section 40-1-1; and
-
Class P — A commercial driver’s instruction permit used in conjunction with the commercial driver’s instruction permit vehicle classification.
-
Commercial driver’s licenses may be issued with the following endorsements and restrictions:
-
“H” — Authorizes the driver to drive a vehicle transporting hazardous materials;
-
“L” — Restricts the driver to vehicles not equipped with air brakes;
- “T” — Authorizes driving double and triple trailers;
-
“P” — Authorizes driving vehicles carrying 16 or more passengers, including the driver, but does not authorize the driver to drive a school bus;
-
“N” — Authorizes driving tank vehicles;
(5.1)“S” — Authorizes the driver to drive a school bus; and
-
“X” — Represents a combination of hazardous materials and tank vehicle endorsements.
The fee for Classes A, B, C, M, and P licenses and for the endorsements and restrictions shall be as provided in Code Section 40-5-25.
-
-
The holder of a valid commercial driver’s license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles. No person shall drive a vehicle which requires an endorsement unless the proper endorsement appears on the driver’s license.
-
Before issuing a commercial driver’s license, the department shall obtain driving record information through the Commercial Driver License Information System, through the National Driver Register (NDR), and from each state in which the applicant has been licensed.
-
Within ten days after issuing a commercial driver’s license, the department shall notify the Commercial Driver License Information System of that fact and provide all information required to ensure identification of the licensee.
-
Except as provided for in Code Section 40-5-21.1, the commercial driver’s license shall expire on the licensee’s birthdate in the eighth year following the issuance of such license.
-
When applying for renewal of a commercial driver’s license, the applicant shall complete the application form required by subsection (a) of Code Section 40-5-149, providing updated information and required medical certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed.
-
- Before issuing, renewing, upgrading, or transferring a commercial driver’s license with a hazardous materials endorsement, the department shall obtain a Transportation Security Administration determination that the individual does not pose a security risk warranting denial of the endorsement. The department shall promulgate rules and regulations as necessary to implement this subsection.
- If, after issuing a commercial driver’s license bearing a hazardous materials endorsement, the department receives notification that the Transportation Security Administration has determined that the holder thereof poses a security risk, it shall cancel the commercial driver’s license. The department may issue a new commercial driver’s license without a hazardous materials endorsement to said licensee upon surrender of the license bearing the cancelled endorsement.
-
If a person to whom the department previously issued a commercial driver’s license with a hazardous materials endorsement has provided all of the required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security Administration has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment before the expiration date of said commercial driver’s license, the department may renew the commercial driver’s license for a period of 90 days if the licensee wishes to retain the hazardous materials endorsement. Notwithstanding the foregoing, the person’s commercial driver’s license may be renewed for the full renewal period if the licensee wishes to drop the hazardous materials endorsement.
-
If a person to whom another state previously issued a commercial driver’s license with a hazardous materials endorsement applies prior to the expiration thereof to transfer said license, the department may issue a temporary commercial driver’s license with a hazardous materials endorsement valid for a period of 90 days upon the person’s successful completion of all other statutory requirements. It shall be a prerequisite to the issuance of such a temporary license that the person has provided all of the required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security Administration has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment prior to the expiration date of the person’s commercial driver’s license issued by the previous state.
40-5-151.Disqualification from driving; action required after suspending, revoking, or canceling license or nonresident privileges.¶
-
Any person is disqualified from driving a commercial vehicle for a period of not less than 60 days if convicted of a first violation of subsection (b) of Code Section 40-5-125.
(a.1)Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of a major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142.
-
Any person is disqualified from driving a commercial motor vehicle for a period of three years if convicted of a first violation of using a commercial motor vehicle in the commission of a felony or a major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142, provided that the vehicle being operated or used in connection with such violation or commission of such felony is transporting a hazardous material required to be placarded under Section 105 of the Hazardous Materials Transportation Act, 49 U.S.C. app. 1804.
-
Any person is disqualified from driving a commercial motor vehicle for life if convicted of a second or subsequent major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142 or any combination of such violations arising from two or more separate incidents.
-
The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years. The department is not authorized to make any other reduction in a term of disqualification or to issue a limited or other permit or license that would allow the operation of a commercial motor vehicle during the term of disqualification mandated by this Code section.
-
Notwithstanding the provisions of subsection (d) of this Code section, any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a:
-
Motor vehicle in the commission of any felony involving the manufacture, distribution, cultivation, sale, transfer of, trafficking in, or dispensing of a controlled substance or marijuana, or possession with intent to manufacture, distribute, cultivate, sell, transfer, traffic in, or dispense a controlled substance or marijuana; or
-
Commercial motor vehicle in the commission of an offense of trafficking an individual for labor servitude or sexual servitude in violation of Code Section 16-5-46.
-
-
Any person is disqualified from driving a commercial motor vehicle for a period of:
-
Not less than 60 days if convicted of two serious traffic violations as defined in paragraph (22) of Code Section 40-5-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained; or
-
Not less than 120 days if convicted of a third or subsequent serious traffic violation as defined in paragraph (22) of Code Section 40-5-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained.
-
-
-
Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders: 1. First violation — a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 180 days and not more than one year;
-
Second violation — a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than two years and not more than five years; and
-
Third or subsequent violation — a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years.
- Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicle’s employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner.
- Any person is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act, 49 U.S.C. app. 1804, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if, during any ten-year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act, 49 U.S.C. app. 1804, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver.
- In addition to any other penalty imposed pursuant to this article, any driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $2,500.00 for a first offense and not less than $5,000.00 for a second or subsequent offense.
-
-
-
After suspending, revoking, or canceling a commercial driver’s license, the department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driver’s privileges, the department shall notify the licensing authority of the state which issued the commercial driver’s license within ten days.
-
Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 consecutive days if it is determined, in a check of an applicant’s license status and record prior to issuing a commercial driver’s instruction permit or commercial driver’s license or at any time after the commercial driver’s instruction permit or commercial driver’s license is issued, that the applicant has falsified information on his or her application or any related filing.
-
- Any person is disqualified from driving a commercial vehicle for a period of not less than 30 days if the department receives notification from the Federal Motor Carrier Safety Administration that the person poses an imminent hazard.
- If the Federal Motor Carrier Safety Administration notifies the department that a person’s driving constitutes an imminent hazard and imposes a disqualification greater than 30 days, the person shall be disqualified from driving a commercial vehicle for the period designated by the Federal Motor Carrier Safety Administration, not to exceed one year.
-
-
Any person is disqualified from operating a commercial motor vehicle if convicted of any of the following railroad grade crossing offenses while operating a commercial motor vehicle:
1. Failing to slow down and check the tracks are clear of an approaching train before proceeding;
-
Failing to stop before reaching the crossing if the tracks are not clear;
-
Failing to stop before driving onto the crossing;
-
Failing to leave sufficient space to drive completely through a railroad crossing without stopping;
-
Failing to obey a traffic-control device or the directions of an enforcement official at a railroad crossing; or
-
Failing to negotiate a crossing because of insufficient undercarriage clearance.
-
- Upon a first conviction for an offense listed in paragraph (1) of this subsection, the period of disqualification shall be 60 days.
- Upon a first conviction for an offense listed in paragraph (1) of this subsection, the period of disqualification shall be 60 days.
-
-
Upon a second conviction within a three-year period for an offense listed in paragraph (1) of this subsection arising from a separate incident within a three-year period, the period of disqualification shall be 120 days.
- Upon a third or subsequent conviction within a three-year period for an offense listed in paragraph (1) of this subsection arising from a separate incident, the period of disqualification shall be one year.
-
-
-
- All disqualifications as provided for in subsection (f) of this Code section shall become effective upon the date that the department processes the citation or conviction, provided that no such disqualification is in effect; if such disqualification is in effect the subsequent disqualification shall not take effect until the current disqualification expires.
- Notwithstanding paragraph (1) of this subsection, any other disqualification as provided for in this Code section shall become effective upon the date that the department processes the citation or conviction and may run concurrently to any other disqualifications in effect.
-
All disqualifications provided for in this Code section shall be imposed based on offenses in state law or on offenses of any laws or ordinances equivalent thereto in this state, in any other state, or in any foreign jurisdiction.
40-5-152.Operating vehicle while having measurable alcohol in system; refusal to take chemical test.¶
-
Notwithstanding any other provision of this article, a person may not drive, operate, or be in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system.
-
A person who drives, operates, or is in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system or who refuses to take a test prescribed by Code Section 40-5-55 to determine his or her alcohol content must be placed out of service for 24 hours.
40-5-153.Implied consent to chemical test; administration of test; procedure.¶
- Any person who drives a commercial motor vehicle anywhere in the state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that person’s blood, breath, or urine for the purpose of determining that person’s alcohol concentration or the presence of other drugs.
-
A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having any measurable alcohol in his or her system.
-
A person requested to submit to a test as provided in subsection (a) of this Code section must be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person’s being disqualified from operating a commercial motor vehicle for one year under Code Section 40-5-151 and from operating a private motor vehicle as provided in Code Section 40-5-67.1.
-
If the person refuses testing, the law enforcement officer must submit an affidavit to the department within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the person refused to submit to testing.
-
Upon receipt of the affidavit submitted by a law enforcement officer under subsection (d) of this Code section, the department must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-5-67.1. If the driver is in possession of a driver’s license, the officer shall take possession of the license and attach it to the affidavit.
40-5-154.Notice to licensing state of conviction of nonresident licensee for violation of state law or local ordinance.¶
Within ten days after receiving a report of the conviction of any nonresident holder of a commercial driver’s license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the department shall notify the licensing state of such conviction.
40-5-155.Information to be available to driver’s license administrators of other states, employers, and insurers.¶
Notwithstanding any other provision of law to the contrary, the department shall furnish full information regarding the driving record of any person to:
- The driver’s license administrator of any other state or of any province or territory of Canada requesting that information;
-
Any employer or prospective employer upon the request of such employer and the payment of a fee of not more than $10.00; and
-
Insurers upon request and payment of a fee of not more than $10.00.
40-5-156.Rules and regulations.¶
The commissioner may adopt any rules and regulations necessary to carry out the provisions of this article.
40-5-157.Authority for commissioner to enter into agreements, arrangements, or declarations.¶
The commissioner or his or her designee may enter into or make agreements, arrangements, or declarations to carry out the provisions of this article.
40-5-158.Driving with license issued by state or province or territory of Canada in accordance with minimum federal standards.¶
Notwithstanding any other law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver’s license issued by any state or any province or territory of Canada in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver’s licenses; if the person’s license is not suspended, revoked, or canceled; and if the person is not disqualified from driving a commercial motor vehicle or subject to an out of service order.
40-5-159.Violations.¶
-
Any person who drives a commercial motor vehicle while in violation of the provisions of Code Section 40-5-143 or any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of the provisions of subsection (b) of Code Section 40-5-145 shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
-
Except as provided for in subsections (d) and (e) of this Code section, by a civil penalty of $2,500.00 for each offense; and
-
By a fine of $5,000.00, imprisonment for not more than 90 days, or both, for each offense.
-
-
Any employer who reports fraudulent information to the department regarding an employee’s employment or experience as required under 49 C.F.R. Part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00.
-
Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00.
-
Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to an out-of-service order shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $25,000.00.
-
Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to railroad grade crossings shall be subject to a civil penalty not to exceed $10,000.00.
-
Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-6-241 shall be subject to a civil penalty not to exceed $2,750.00 in addition to any criminal fines applicable to such violation. Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of Code Section 40-6-241 shall be subject to a civil penalty not to exceed $11,000.00.
Article 8 Identification Cards for Persons with Disabilities¶
- 40-5-170. Definitions.
- 40-5-171. Issuance and contents of identification cards for persons with disabilities.
- 40-5-172. Term of card issued to person with permanent disability; issuance to person with temporary disability; renewal.
- 40-5-173. Format of card.
- 40-5-174. Proof of need for special transportation services for persons with disabilities.
- 40-5-175. Admission to seating for persons with disabilities at public events.
- 40-5-176. Rules and regulations.
- 40-5-177. Evidence of applicant’s birth date required.
-
40-5-178. Fee for card; waiver for person with veteran’s driver’s license.
40-5-170.Definitions.¶
As used in this article, the term:
- “Disability” means any physical, mental, or neurological impairment which severely restricts a person’s mobility, manual dexterity, or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity.
- “Identification card for persons with disabilities” means an identification card issued as provided in this article.
-
“Permanent disability” means any disability which is permanent in nature or which is expected to continue for a period of at least five years.
-
“Person with disabilities” means any person with a permanent or temporary disability.
- “Temporary disability” means any disability which is expected to continue for at least six months but less than five years.
40-5-171.Issuance and contents of identification cards for persons with disabilities.¶
-
The department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner. The identification card for persons with disabilities shall contain a recent photograph of the applicant and the following information:
- Full legal name;
- Address of residence;
-
Birth date;
-
Date identification card was issued;
- Date identification card expires;
-
Sex;
-
Height;
- Weight;
-
Eye color;
-
Signature of person identified or facsimile thereof; and
-
Such other information as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application.
-
The identification card for persons with disabilities shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the applicant’s social security number.
-
In addition to the information required in subsection (a) of this Code section, identification cards issued to persons with disabilities shall display the international handicapped symbol on a location designated by the department. The department may display the international handicapped symbol on any driver’s license or identification card issued pursuant to the provisions of this chapter upon receipt of the required documentation from the person requesting its inclusion.
40-5-172.Term of card issued to person with permanent disability; issuance to person with temporary disability; renewal.¶
-
An identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of eight years and shall be renewable on the applicant’s birthday in the seventh year following such issuance. Such identification cards shall be issued to persons:
- With obvious permanent disabilities without further verification of disability; and
- With disabilities which are not obvious upon presentation of the current sworn affidavit of at least one medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal.
-
The identification card for persons with disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one medical doctor attesting to such disability and estimating the duration of such disability. Such identification cards shall be issued for periods of six months. A current affidavit of a medical doctor attesting to the continuance of such disability shall be presented at each request for renewal thereafter.
- The commissioner may by rule authorize renewal of an identification card issued to a person with a permanent disability by means other than personal appearance. No further documentation of such person’s disability shall be required for such renewal.
40-5-173.Format of card.¶
The face of the identification card for persons with disabilities shall prominently bear wording selected by the department that is indicative of the presence of urgent medical information on the reverse of the card. On the reverse side of the identification card shall be a space within which the department shall enter such medical information as the applicant may request. The department may print the urgent medical indicator and wording on the reverse of any driver’s license or identification card upon receipt of the required documentation from the person requesting its inclusion.
40-5-174.Proof of need for special transportation services for persons with disabilities.¶
The face of the identification card for persons with disabilities shall bear the word “TRANSPORTATION” with a box or blank space adjacent thereto. The department shall place an “X” in such box or blank space if the applicant’s disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the identification card for persons with disabilities shall serve as sufficient proof of the need for special transportation services for persons with disabilities provided by any entity in this state. The department may print the transportation indicator on any driver’s license or identification card upon receipt of the required documentation from the person requesting its inclusion.
40-5-175.Admission to seating for persons with disabilities at public events.¶
The identification card for persons with disabilities shall bear the word “SEATING” with a box or blank space adjacent thereto. The department shall place an “X” in such box or blank space if the applicant’s disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state. The department may print the priority seating indicator on any driver’s license or identification card upon receipt of the required documentation from the person requesting its inclusion.
40-5-176.Rules and regulations.¶
The commissioner shall promulgate rules and regulations under which this article shall be implemented.
40-5-177.Evidence of applicant’s birth date required.¶
The department shall require an applicant for an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant’s birth date.
40-5-178.Fee for card; waiver for person with veteran’s driver’s license.¶
-
The department shall collect a fee of $5.00 for an identification card for persons with disabilities, which fee shall be deposited in the state treasury in the same manner as motor vehicle driver’s license fees.
-
The department shall not be authorized to collect a fee for an identification card for persons with disabilities from those persons who meet the qualifications for a veteran’s driver’s license under the provisions of Code Section 40-5-36.
40-5-179.Fraudulent identification cards; penalties.¶
It is a misdemeanor for any person:
- To lend his or her identification card for persons with disabilities to any other person or knowingly to permit the use thereof by another; and
- To display or represent as his or her own any identification card for persons with disabilities not issued to him or her.