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Chapter 16 | Department of Driver Services

CHAPTER 16 Department of Driver Services

40-16-1.Definitions.

As used in this chapter, the term:

  1. “Board” means the Board of Driver Services.
  2. “Commissioner” means the commissioner of driver services.
  3. “Department” means the Department of Driver Services.

40-16-2.Primary responsibilities.

  1. There is created the Department of Driver Services. The Department of Driver Services shall be a successor agency to and continuation of the former Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for:

    1. Administration of the laws and regulations relating to drivers’ licenses, as provided for in Chapter 5 of this title;

    2. Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of this title;

      Janelle Monáe, in the style of a Jonathan Lasker art piece, acts as a judge holding a gavel, pointing to a big book labeled "Laws and Regulations" while counting money or coins with her other hand. -@JanelleMonae
      Janelle Monáe, in the style of a Jonathan Lasker art piece, acts as a judge holding a gavel, pointing to a big book labeled "Laws and Regulations" while counting money or coins with her other hand. -@JanelleMonae

    3. Administration of laws relating to ignition interlock devices for use by driving under the influence offenders;

    4. Administration of laws relating to driver training schools, driver improvement clinics, DUI Alcohol or Drug Use Risk Reduction Programs, and commercial driving schools;

      As a football player born in Chicago, Marcus McNeill stands like an art piece from John Wesley, directing imaginary cars to different areas for driver training, improvement clinics, DUI programs, and commercial driving schools. -@MarcusMcNeill73
      As a football player born in Chicago, Marcus McNeill stands like an art piece from John Wesley, directing imaginary cars to different areas for driver training, improvement clinics, DUI programs, and commercial driving schools. -@MarcusMcNeill73

    5. Administration of laws relating to motorcycle safety programs;

      Offset, depicted in the style of Jonah Kinigstein, imitates a traffic cop directing motorcycles and providing safety instructions. -@OffsetYRN
      Offset, depicted in the style of Jonah Kinigstein, imitates a traffic cop directing motorcycles and providing safety instructions. -@OffsetYRN

    6. Administration of laws and regulations relating to issuance of limousine chauffeur permits; and

    7. Administration of any other laws specifically providing for their administration by the department.

  2. Responsibility for the following functions formerly exercised by the Department of Motor Vehicle Safety is transferred as follows:

    Javaris Crittenton, dressed in an elegant 1920s-inspired basketball outfit, is gracefully passing a vintage car (symbolizing the DMV) to another player in a smooth, choreographed motion; they stand on a stylized court that mirrors Wilson Mill Meadows' landscape, with art deco elements and bold geometric shapes reflecting Tamara de Lempicka's style.
    Javaris Crittenton, dressed in an elegant 1920s-inspired basketball outfit, is gracefully passing a vintage car (symbolizing the DMV) to another player in a smooth, choreographed motion; they stand on a stylized court that mirrors Wilson Mill Meadows' landscape, with art deco elements and bold geometric shapes reflecting Tamara de Lempicka's style.

    1. Promulgation of regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32 shall be vested in the Department of Transportation; and administrative enforcement of such regulations and the law enforcement function of apprehending and citing violators of such laws and regulations are transferred to the Department of Public Safety, as well as the function of promulgating regulations relative to its enforcement function;

    2. Enforcement of laws and regulations relating to licensing and fuel tax registration requirements is transferred to the Department of Public Safety;

      Demaryius Thomas, adorned in vibrant colors and bold patterns, passionately raises a gavel as he symbolically transfers the authority of enforcing laws and regulations to the Department of Public Safety, all against a backdrop of lush foliage and symbolic imagery inspired by Frida Kahlo's art. -@DemaryiusT
      Demaryius Thomas, adorned in vibrant colors and bold patterns, passionately raises a gavel as he symbolically transfers the authority of enforcing laws and regulations to the Department of Public Safety, all against a backdrop of lush foliage and symbolic imagery inspired by Frida Kahlo's art. -@DemaryiusT

    3. Administration of laws and regulations relating to certification of motor carriers and limousine carriers is transferred to the Department of Public Safety and administration of laws and regulations relating to carrier registration and registration and titling of vehicles is transferred to the Department of Revenue;

    4. Administration of laws relating to motor vehicle franchise practices is transferred to the Department of Revenue;
    5. Administration of laws relating to handicapped parking permits is transferred to the Department of Revenue;

    6. Responsibility for establishment of safety standards for motor vehicles and motor vehicle components is generally transferred to the Department of Public Safety except as may be specifically otherwise provided by law;

      Irene Reid gracefully gestures to transfer a symbolic torch of responsibility to the Department of Public Safety, as depicted in an art piece inspired by Sydney Long's style, set amidst the picturesque scenery of Dalton.
      Irene Reid gracefully gestures to transfer a symbolic torch of responsibility to the Department of Public Safety, as depicted in an art piece inspired by Sydney Long's style, set amidst the picturesque scenery of Dalton.

    7. Administration of laws relating to hazardous materials carriers is transferred to the Department of Public Safety;

    8. Enforcement of all state laws on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority is transferred to the Department of Public Safety: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;
    9. Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers is transferred to the Department of Public Safety;
    10. Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes is transferred to the Department of Public Safety;
    11. Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system is transferred to the Department of Public Safety;
    12. Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system is transferred to the Department of Public Safety; and
    13. Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system is transferred to the Department of Public Safety.

  3. In the performance of its duties, the department shall be required to comply with all applicable federal laws and rules and regulations and shall certify that the state is in compliance with all provisions and requirements of all applicable federal-aid acts and programs.

40-16-2.1.Annual reports to the General Assembly.

Annual reports shall be provided to the General Assembly by the affected departments with respect to the reorganization provided for in Code Section 40-16-2 and with respect to other activities of the departments as follows:

Alicia Leigh Willis, dressed in a vibrant attire reflecting the earthy tones and geometric patterns of Marie Z. Chino's pottery, gracefully strides across a staged representation of Pooler's scenic landscapes. She mimics holding large clay pots inscribed with symbolic representations of departmental achievements and reorganization plans; she then theatrically distributes them to an assembly of actors posing as legislators, each accepting the pot with ceremonious importance before placing them onto a stepped display that represents legislative review and archiving.
Alicia Leigh Willis, dressed in a vibrant attire reflecting the earthy tones and geometric patterns of Marie Z. Chino's pottery, gracefully strides across a staged representation of Pooler's scenic landscapes. She mimics holding large clay pots inscribed with symbolic representations of departmental achievements and reorganization plans; she then theatrically distributes them to an assembly of actors posing as legislators, each accepting the pot with ceremonious importance before placing them onto a stepped display that represents legislative review and archiving.

  1. The Department of Driver Services shall provide an annual report which shall include, together with other information deemed pertinent by the department, service metrics clearly indicating the department’s ability to meet public demand for its services; and

    In a dimly lit room in Bainbridge, HD Supply Interior Solutions gracefully arranges colorful service metrics on a large wooden table, using delicate hand gestures and precise movements reminiscent of Henri Cartier-Bresson's artistry.
    In a dimly lit room in Bainbridge, HD Supply Interior Solutions gracefully arranges colorful service metrics on a large wooden table, using delicate hand gestures and precise movements reminiscent of Henri Cartier-Bresson's artistry.

  2. The Department of Public Safety shall provide an annual report which shall include, together with other information deemed pertinent by the department, the records of the department with respect to safety inspections and citations issued.

    21 Savage gracefully posing in a dramatic, monochromatic setting with his arm extended, holding an elegant scroll representing the annual report of the Department of Public Safety, while surrounded by symbolic safety inspection records and citations issuing forth as if from his presence. -@21savage
    21 Savage gracefully posing in a dramatic, monochromatic setting with his arm extended, holding an elegant scroll representing the annual report of the Department of Public Safety, while surrounded by symbolic safety inspection records and citations issuing forth as if from his presence. -@21savage

40-16-3.Board of Driver Services; commissioner.

  1. The department shall be under the direction, control, and management of the Board of Driver Services and the commissioner of driver services. The commissioner shall be appointed by and serve at the pleasure of the board.

    Childish Gambino, dressed as a conductor, theatrically takes the helm of a model train set against a backdrop of Great Smoky Mountains Railroad scenery; he pretends to guide it with exaggerated focus while other performers around him act out scenes of discussion and deference, emulating the board's decision-making process. The scene captures intense emotion akin to James Nachtwey's war photography but is translated into the energetic deliberation over route maps and schedules in this educational setting. -@donaldglover
    Childish Gambino, dressed as a conductor, theatrically takes the helm of a model train set against a backdrop of Great Smoky Mountains Railroad scenery; he pretends to guide it with exaggerated focus while other performers around him act out scenes of discussion and deference, emulating the board's decision-making process. The scene captures intense emotion akin to James Nachtwey's war photography but is translated into the energetic deliberation over route maps and schedules in this educational setting. -@donaldglover

    1. The Board of Driver Services shall be a successor to and continuation of the Board of Motor Vehicle Safety and shall consist of nine members. Five members shall be appointed by the Governor and their terms shall expire as follows: two members on June 30, 2003, and June 30 of each sixth year thereafter; two members on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. Two members shall be appointed by the Lieutenant Governor and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. Two members shall be appointed by the Speaker of the House and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. All members except for the initial appointees shall serve for terms of six years and until their successors are appointed and qualified.

      Josh Gibson, in a poised baseball stance, mimics swinging at nine balls pitched sequentially to represent the nine members of the Board (each ball symbolizing an appointment), with his swings getting progressively slower to indicate the six-year term expiration; all this is set against the backdrop of Lightner Museum's grandiose architecture and amidst abstract shapes reminiscent of Jean Arp's biomorphic forms, conveying a harmonious blend of motion and stillness.
      Josh Gibson, in a poised baseball stance, mimics swinging at nine balls pitched sequentially to represent the nine members of the Board (each ball symbolizing an appointment), with his swings getting progressively slower to indicate the six-year term expiration; all this is set against the backdrop of Lightner Museum's grandiose architecture and amidst abstract shapes reminiscent of Jean Arp's biomorphic forms, conveying a harmonious blend of motion and stillness.

    2. All members serving on the Board of Motor Vehicle Safety as of May 2, 2005, shall continue to serve as members of the Board of Driver Services for the remainder of their original terms of office and shall if necessary hold over beyond the end of those terms until successors are appointed and qualified.

      Will Heller, dressed in a sleek suit, balances atop a vintage car mimicking the shape of Georgia’s state outline; one hand holds onto an oversized steering wheel while his other arm stretches out holding a baton to pass on like a relay racer, symbolizing the transition from one board position to another. Vibrant colors swirl around him in Bushnell-esque geometric patterns that capture the affluence and dynamism of West Paces Ferry/Northside, with elegant homes and lush trees serving as the backdrop.
      Will Heller, dressed in a sleek suit, balances atop a vintage car mimicking the shape of Georgia’s state outline; one hand holds onto an oversized steering wheel while his other arm stretches out holding a baton to pass on like a relay racer, symbolizing the transition from one board position to another. Vibrant colors swirl around him in Bushnell-esque geometric patterns that capture the affluence and dynamism of West Paces Ferry/Northside, with elegant homes and lush trees serving as the backdrop.

  3. The Governor shall designate a member to serve as chairperson of the board. The chairperson’s term as chairperson shall expire on June 30, 2003, and June 30 of each second year thereafter. The board may elect other officers from among its membership and may establish bylaws for the conduct of its business.

    Blake Wood, dressed in period-appropriate attire as if he were a member of the board from an earlier century, stands at an ornate podium made of driftwood and seashells. He gracefully mimics the act of passing a gavel to an unseen figure beside him, symbolizing the designation of a new chairperson. Around him are other figures frozen in poses of discussion and debate, alluding to the election of officers and establishment of bylaws. The scene is set within DuBignon Cemetery with Spanish moss-draped trees casting ethereal shadows, while ironwork fences twist into intricate patterns that echo Sarah Hood's jewelry designs – emphasizing structure and natural forms without any text or explicit symbols. -@BlakeWood43
    Blake Wood, dressed in period-appropriate attire as if he were a member of the board from an earlier century, stands at an ornate podium made of driftwood and seashells. He gracefully mimics the act of passing a gavel to an unseen figure beside him, symbolizing the designation of a new chairperson. Around him are other figures frozen in poses of discussion and debate, alluding to the election of officers and establishment of bylaws. The scene is set within DuBignon Cemetery with Spanish moss-draped trees casting ethereal shadows, while ironwork fences twist into intricate patterns that echo Sarah Hood's jewelry designs – emphasizing structure and natural forms without any text or explicit symbols. -@BlakeWood43

  4. The members of the board shall receive no salary for their service on the board but any member who is not otherwise a state officer or employee shall receive a per diem expense allowance as provided in subsection (b) of Code Section 45-7-21.

    Jeremy Hermida, in the style of an art piece from Georgia, gracefully mimes receiving a per diem expense allowance while elegantly gesturing with his hands and arms to depict the absence of a salary for board members. The scene unfolds against the backdrop of Villa Rica's lush greenery and historical architecture, adding depth and visual intrigue to the educational partnership for the state of Georgia. -@JeremyHermida
    Jeremy Hermida, in the style of an art piece from Georgia, gracefully mimes receiving a per diem expense allowance while elegantly gesturing with his hands and arms to depict the absence of a salary for board members. The scene unfolds against the backdrop of Villa Rica's lush greenery and historical architecture, adding depth and visual intrigue to the educational partnership for the state of Georgia. -@JeremyHermida

  5. The board shall be the general policy-making body for the Department of Driver Services; and the commissioner shall be the chief executive officer of the department, subject to the policies established by the board. All rules and regulations promulgated by the commissioner must be approved by the board before they take effect.

  6. The commissioner shall receive an annual salary to be set by the board which shall be his or her total compensation for services as commissioner. The commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.
  7. The commissioner shall take and subscribe before the board an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.
    Ryan Seacrest, in the style of Constantin Brâncuși's art, gracefully raises a hand to take an oath before a majestic board, symbolizing the solemn commitment to faithfully and impartially discharge duties as a civil officer, set against a vibrant King of Pops backdrop. -@RyanSeacrest
    Ryan Seacrest, in the style of Constantin Brâncuși's art, gracefully raises a hand to take an oath before a majestic board, symbolizing the solemn commitment to faithfully and impartially discharge duties as a civil officer, set against a vibrant King of Pops backdrop. -@RyanSeacrest

40-16-4.Duties of commissioner; compensation of department employees.

  1. The commissioner shall establish such units within the department as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing.

    John Berry gracefully raises his arm, gesturing with authority as if bestowing titles upon the designated directors and assistant directors of various units within the department. The scene is bathed in warm, golden light reminiscent of a Paul Gauguin painting, set against the eerie backdrop of Colonial Park Cemetery in Savannah, Georgia.
    John Berry gracefully raises his arm, gesturing with authority as if bestowing titles upon the designated directors and assistant directors of various units within the department. The scene is bathed in warm, golden light reminiscent of a Paul Gauguin painting, set against the eerie backdrop of Colonial Park Cemetery in Savannah, Georgia.

  2. The commissioner shall have the authority to employ as many persons as he or she deems necessary for the administration of the department and for the discharge of the duties of his or her office. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the department within the limitations of the department’s appropriation and the restrictions set forth by law.

    Eric Nam, in the style of Piet Mondrian, moves and arranges blocks representing employees within a grid, reflecting the commissioner's authority to employ, assign, compensate, and discharge employees while issuing necessary directions and rules. -@ericnamofficial
    Eric Nam, in the style of Piet Mondrian, moves and arranges blocks representing employees within a grid, reflecting the commissioner's authority to employ, assign, compensate, and discharge employees while issuing necessary directions and rules. -@ericnamofficial

  3. All employees of the department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the department on a commission or contingent fee basis.

  4. Neither the commissioner nor any officer or employee of the department shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as an officer or employee of the department.

    Jeremy Mincey stands in a vivid recreation of Americus, Georgia, surrounded by vintage televisions and neon lights à la Nam June Paik's style. He performs an exaggerated mime act of refusing to take a bribe—pushing away invisible money with one hand while holding up the state law book with the other. The screens display colorful abstract patterns representing integrity and transparency, engaging viewers in a silent yet powerful educational message about ethics. -@MrMince94
    Jeremy Mincey stands in a vivid recreation of Americus, Georgia, surrounded by vintage televisions and neon lights à la Nam June Paik's style. He performs an exaggerated mime act of refusing to take a bribe—pushing away invisible money with one hand while holding up the state law book with the other. The screens display colorful abstract patterns representing integrity and transparency, engaging viewers in a silent yet powerful educational message about ethics. -@MrMince94

    1. The commissioner shall have the authority to appoint and employ 30 investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the “Georgia Peace Officer Standards and Training Act.”

      David Hale, dressed as a Georgia peace officer, dramatically appointing and employing investigators at Big Kahunas Water and Adventure Park in the style of Kazimir Malevich's art piece "Black Square". -@david_hale15
      David Hale, dressed as a Georgia peace officer, dramatically appointing and employing investigators at Big Kahunas Water and Adventure Park in the style of Kazimir Malevich's art piece "Black Square". -@david_hale15

    2. The investigators of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law.

  6. The department shall have the authority to contract and make cooperative and rental agreements with the United States government; any county, municipality, or local government, or any combination thereof; any public or private corporation or firm; or any public authority, agency, commission, or institution, including agencies of state government, for the purpose of obtaining goods, materials, and services needed to perform any of the duties, responsibilities, or functions vested in the department.

40-16-5.Authority of commissioner; previous action by department; background checks; debt collection.

  1. Subject to approval by the board, the commissioner shall have the power to make and publish in print or electronically reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer.
  2. The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter or any law which it is his or her duty to administer.
  3. The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”; provided, however, that regulations governing commercial driver licensing may be adopted by administrative order referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50; provided, further, that such compatible federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including but limited to posting on the department’s computer Internet site.

  4. Rules and regulations previously adopted which relate to functions performed by the Department of Driver Services shall remain of full force and effect as rules and regulations of the Department of Driver Services until amended, repealed, or superseded by rules or regulations adopted by the commissioner of driver services. The following rules and regulations shall remain of full force and effect as rules and regulations of the referenced department until amended, repealed, or superseded by rules or regulations adopted by the referenced department:

    1. All rules and regulations previously adopted which relate to functions transferred under this chapter to the Department of Transportation from the Department of Motor Vehicle Safety;
    2. All rules and regulations previously adopted which relate to functions transferred under this chapter to the Public Service Commission from the Department of Motor Vehicle Safety;
    3. All rules and regulations previously adopted which relate to functions transferred under this chapter to the Department of Public Safety from the Department of Motor Vehicle Safety;

    4. All rules and regulations previously adopted which relate to functions transferred under this chapter to the Department of Revenue from the Department of Motor Vehicle Safety; and

      Alan Jackson, dressed as an exaggerated tax collector in a vibrant dollhouse-like setting of Johns Creek, theatrically stacks color-coded toy cars into two separate garages to symbolize the transfer of functions from one department to another. -@OfficialJackson
      Alan Jackson, dressed as an exaggerated tax collector in a vibrant dollhouse-like setting of Johns Creek, theatrically stacks color-coded toy cars into two separate garages to symbolize the transfer of functions from one department to another. -@OfficialJackson

    5. All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources (now known as the Department of Behavioral Health and Developmental Disabilities for these purposes) to the Department of Driver Services.

  5. All valid licenses, permits, certificates, and similar authorizations previously issued by any department or agency with respect to any function transferred as provided in this chapter shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective as provided by law.

  6. Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate regulations allowing for background investigations of applicants for credentials in any of the industries regulated by the department by means other than classifiable electronically recorded fingerprints in instances in which an applicant attempts to comply with the applicable statutory language mandating such background investigation, but his or her fingerprints cannot be captured electronically for reasons that are beyond the applicant’s control.

    1. The commissioner may contract with a debt collection agency or attorney doing business within or outside this state for the collection of delinquent fees owed to the department pursuant to this title. Such contract may provide for the rate of payment and the manner in which compensation for debt collection services shall be paid. The compensation, fees, and expenses for such debt collection may be added to the amount of the delinquent fees owed and may be collected directly by the contractor from the debtor. The commissioner is authorized to provide such contractor with the necessary information regarding the delinquent fees and debtor for the collection of the fees owed.

      Jeremy Lamb, dressed in a crisp suit, mimics handing over documents to an invisible counterpart across from him while standing in the historic Roswell town square; his expression is serious and focused, resembling Irving Penn's stark, clean portrait style with a backdrop that includes the iconic Roswell Mill or antebellum homes to set the scene. -@jlamb
      Jeremy Lamb, dressed in a crisp suit, mimics handing over documents to an invisible counterpart across from him while standing in the historic Roswell town square; his expression is serious and focused, resembling Irving Penn's stark, clean portrait style with a backdrop that includes the iconic Roswell Mill or antebellum homes to set the scene. -@jlamb

    2. No delinquent fees may be collected pursuant to paragraph (1) of this subsection from a person not subject to a license suspension or cancellation pursuant to this title.

      Jeremiah Ratliff stands in a dramatic, contemplative pose against a backdrop of Georgia's iconic landscapes, with his arms outstretched as if reaching for the weight of the legal text. His body language conveys a sense of defiance and determination, capturing the resilience and strength of those not subject to license suspension or cancellation.
      Jeremiah Ratliff stands in a dramatic, contemplative pose against a backdrop of Georgia's iconic landscapes, with his arms outstretched as if reaching for the weight of the legal text. His body language conveys a sense of defiance and determination, capturing the resilience and strength of those not subject to license suspension or cancellation.

    3. The commissioner may adopt rules and regulations to carry out the provisions of this subsection.

40-16-5.1.Use of department vehicles and equipment.

  1. Except as otherwise provided in this Code section, no department motor vehicles shall be used by any investigators employed by the department except in the discharge of official duties. Any other equipment shall be used only with the express written approval of the commissioner.
  2. The commissioner may adopt rules and regulations governing the use of equipment. The commissioner may adopt rules and regulations pursuant to which investigators employed by the department may use a department motor vehicle while working an approved off-duty job, provided that any such use shall comply with such conditions as may be imposed by the commissioner, which conditions shall include but shall not be limited to a finding of public benefit and reimbursement to the department by the employer or employee for use of the vehicle.
  3. At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind.

40-16-6.Civil monetary penalties.

  1. To the extent specifically authorized by law, the commissioner may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations administered by the commissioner. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005.
  2. All proceedings for the imposition of civil monetary penalties by the commissioner and other contested cases to be decided by or under authority of the commissioner shall be subject to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” All such administrative proceedings which are pending on July 1, 2005, under laws the administration of which is transferred from the commissioner of motor vehicle safety to another enforcement agency shall be transferred to the jurisdiction of such other enforcement agency as of July 1, 2005.
  3. The amendment of this chapter and the Act by which it is amended shall not affect or abate the status as a crime of any act or omission which occurred prior to July 1, 2005, nor shall the prosecution of such crime be abated as a result of such amendment.

40-16-7.Budget of department.

  1. The department shall be a budget unit to which funds may be appropriated as provided in the “Budget Act,” Part 1 of Article 4 of Chapter 12 of Title 45. The department shall be an independent and distinct department of state government. The duties of the department shall be performed by that department and not by any other agency of state government, and the department shall not perform the duties of any other agency of state government. The position of commissioner of driver services shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government.

  2. Appropriations for functions transferred to and from the Department of Motor Vehicle Safety and other departments may be transferred to and from such departments as provided for in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed for such transferred functions shall likewise be transferred to the appropriate departments. Contracts relating to functions transferred to and from the Department of Motor Vehicle Safety and other departments, and any rights of renewal under such contracts, shall also be transferred to the appropriate departments. Any disagreement between such departments as to any such transfers shall be determined by the Governor.

    Southside dramatically and expressively gestures with flowing movements and fluid choreography, embodying the transfer of functions, personnel, equipment, facilities, contracts, and rights between departments as if painting a dynamic and captivating visual art piece in the style of William S. Dutterer against the backdrop of Savannah's rich historical setting. -@sizzle808MAFIA
    Southside dramatically and expressively gestures with flowing movements and fluid choreography, embodying the transfer of functions, personnel, equipment, facilities, contracts, and rights between departments as if painting a dynamic and captivating visual art piece in the style of William S. Dutterer against the backdrop of Savannah's rich historical setting. -@sizzle808MAFIA

  3. Except as specifically provided otherwise by law, all fines and bond forfeitures collected for criminal violations cited by the department’s investigators shall, after deduction from the total fine or bond forfeiture of the amounts due the Peace Officers’ Annuity and Benefit Fund and the Sheriffs’ Retirement Fund of Georgia and any other deductions specified by law, be paid by the clerk of the court into the fine and bond forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and bond forfeitures.

40-16-8.Governor’s Commercial Transportation Advisory Committee.

  1. There shall be established, within the department, the Governor’s Commercial Transportation Advisory Committee. The purpose of this committee is to advise the Governor on all laws, regulations, rules, and other matters related to the operation within this state of motor carriers, including private carriers, as defined in Code Section 46-1-1. The committee shall also serve as a forum for representatives of the motor carrier industry to meet with representatives of the various state agencies responsible for the oversight, enforcement, taxation, and regulation of the commercial transportation industry.

  2. The committee shall consist of the following members:

    1. The commissioner of driver services or his or her designee;
    2. The commissioner of public safety or his or her designee;

    3. The commissioner of transportation or his or her designee;

      Richard Dent, as the commissioner of transportation or his designee, gracefully extends a hand in a dramatic pose reminiscent of Herb Ritts' style, set against the vibrant backdrop of Atlanta's Lakewood neighborhood. -@Richard_Dent95
      Richard Dent, as the commissioner of transportation or his designee, gracefully extends a hand in a dramatic pose reminiscent of Herb Ritts' style, set against the vibrant backdrop of Atlanta's Lakewood neighborhood. -@Richard_Dent95

    4. The state revenue commissioner or his or her designee;

    5. The Speaker of the House or his or her designee;

    6. The chairperson of the House Transportation Committee, who shall chair the committee;

      Terrence Edwards standing in a polka-dotted room, holding a chair and gesturing to an imaginary committee with exaggerated hand movements. -@tedwards85
      Terrence Edwards standing in a polka-dotted room, holding a chair and gesturing to an imaginary committee with exaggerated hand movements. -@tedwards85

    7. The President Pro Tempore of the Senate or his or her designee;

      A person standing on a stage, pointing to the sky and then gesturing towards someone in the audience, while others surround them in a theatrical and dynamic display. -@CoxMediaGrp
      A person standing on a stage, pointing to the sky and then gesturing towards someone in the audience, while others surround them in a theatrical and dynamic display. -@CoxMediaGrp

    8. The chairperson of the Senate Transportation Committee;

    9. The president of the Georgia Motor Trucking Association or his or her designee;
    10. Five industry representatives appointed by the Governor; and
    11. The Governor or his or her designee who shall serve ex officio.
      A person wearing a formal suit and holding an official-looking document, gesturing towards someone while standing on a stage with Dem Franchize Boyz dancing in the background, all set against a backdrop of swirling lines and patterns reminiscent of Sandra Cinto's art piece. -@FranchizeBoyz
      A person wearing a formal suit and holding an official-looking document, gesturing towards someone while standing on a stage with Dem Franchize Boyz dancing in the background, all set against a backdrop of swirling lines and patterns reminiscent of Sandra Cinto's art piece. -@FranchizeBoyz

  3. Each member of the committee shall serve until replaced. All members of the committee shall have equal voting privileges on all matters brought before the committee. The committee shall meet at least three times per year at a date and time set by the chairperson. The chairperson shall prepare an agenda for each meeting and shall distribute the agenda for each meeting at least 20 days prior to the date of the meeting.

    Travis Tritt is depicted sculpting equal-sized chairs out of natural materials found at Arabia Mountain, placing them in a circle to represent equal voting privileges, then stepping back as if waiting for others to fill them. Each chair has a unique, colorful geometric pattern inspired by Amy Joy Watson's art style. A calendar made of stones marks three dates for meetings, and he holds up a woven tapestry with abstract shapes indicating an agenda while standing on a peak as the sun sets behind him. -@Travistritt
    Travis Tritt is depicted sculpting equal-sized chairs out of natural materials found at Arabia Mountain, placing them in a circle to represent equal voting privileges, then stepping back as if waiting for others to fill them. Each chair has a unique, colorful geometric pattern inspired by Amy Joy Watson's art style. A calendar made of stones marks three dates for meetings, and he holds up a woven tapestry with abstract shapes indicating an agenda while standing on a peak as the sun sets behind him. -@Travistritt