40-16-1. [ Index ]
As used in this chapter, the term:
(1) 'Board' means the Board of Motor Vehicle Safety.
(2) 'Commissioner' means the commissioner of motor vehicle safety.
(3) 'Department' means the Department of Motor Vehicle Safety.

40-16-2. [ Index ]
(a) There is created the Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for:
(1) Administration of the laws and regulations relating to registration and titling of motor vehicles, as provided for in Chapters 2 and 3 of Title 40;
(2) Administration of the laws and regulations relating to drivers? licenses, as provided for in Chapter 5 of Title 40;
(3) Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of Title 40;
(4) Enforcement of laws and 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;
(5) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations of said requirements to the state revenue commissioner;
(6) Administration and enforcement anywhere in the state of laws and regulations relating to motor carriers, limousine carriers, and hazardous material carriers as provided for in Chapters 7 and 11 of Title 46;
(7) Enforcement of all state laws but only on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority: 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;
(8) Enforcement of Code Section 40-10-24, relating to obstructing or hindering law enforcement officers, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties;
(9) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control;
(10) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes;
(11) Enforcement of Code Section 40-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system;
(12) Enforcement of Code Section 40-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system;
(13) Enforcement of Code Section 40-7-24, relating to interference with government property, on any public road which is part of the state highway system; and
(14) Enforcement of any state law when ordered to do so by the Governor.
(b) In performance of the duties specified in subsection (a) of this Code section, certified law enforcement officers employed by the department or designated by the commissioner shall:
(1) Be authorized to carry firearms;
(2) Exercise arrest powers;
(3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with this chapter and other laws the administration or enforcement of which is the responsibility of the department;
(4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with this chapter and other laws the administration or enforcement of which is the responsibility of the department; and
(5) Exercise the powers generally authorized for law enforcement officers in the performance of the duties specified by this chapter or otherwise to the extent needed to protect any life or property when the circumstances demand action.
(c) 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.
(d) The commissioner shall authorize enforcement officers of the department to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made.

40-16-3. [ Index ]
(a) The department shall be under the direction, control, and management of the Board of Motor Vehicle Safety and the commissioner of motor vehicle safety. The commissioner shall be appointed by and serve at the pleasure of the board.
(b) The Board of Motor Vehicle Safety 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.
(c) 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.
(d) 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.
(e) The board shall be the general policy-making body for the Department of Motor Vehicle Safety; 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.
(f) 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.
(g) 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.

40-16-4. [ Index ]
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) The commissioner shall delegate to such officers and employees of the department as he or she may designate the law enforcement powers and duties of the department as set out in Code Section 40-16-2. All officers and employees to whom such law enforcement powers and duties are delegated must be certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'

40-16-5. [ Index ]
(a) Subject to approval by the board, the commissioner shall have the power to make and publish 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.
(b) 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.
(c) 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 motor common carrier and motor contract carrier safety, commercial driver licensing, and hazardous materials 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.
(d) The following rules and regulations shall remain of full force and effect as rules and regulations of the Department of Motor Vehicle Safety until amended, repealed, or superseded by rules or regulations adopted by the commissioner of motor vehicle safety:
(1) All rules and regulations previously adopted by the Department of Transportation or the State Transportation Board or the commissioner of transportation which relate to functions transferred under this chapter from the Department of Transportation to the Department of Motor Vehicle Safety;
(2) All rules and regulations previously adopted by the Public Service Commission which relate to functions transferred under this chapter from the Public Service Commission to the Department of Motor Vehicle Safety;
(3) All rules and regulations previously adopted by the Department of Public Safety or the commissioner of public safety which relate to functions transferred under this chapter from the Department of Public Safety to the Department of Motor Vehicle Safety; and
(4) All rules and regulations previously adopted by the Department of Revenue or the state revenue commissioner which relate to functions transferred under this chapter from the Department of Revenue to the Department of Motor Vehicle Safety.
(e) All valid licenses, permits, certificates, and similar authorizations previously issued by the Department of Transportation, the Public Service Commission, the Department of Public Safety, and the Department of Revenue under laws to be administered by the Department of Motor Vehicle Safety shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective as provided by law.

40-16-5.1. [ Index ]
(a) Except as otherwise provided in subsection (b) of this Code section, no department motor vehicles shall be used by any certified law enforcement officers 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. The commissioner shall adopt rules and regulations governing the use of equipment.
(b)(1) Certified law enforcement officers employed by the department may use a department motor vehicle while working an approved off-duty job, provided that:
(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department´s mission;
(B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and
(C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee.
(2) 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. [ Index ]
(a) 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, 2001.
(b) 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, 2001, under laws the administration of which is transferred to the commissioner shall be transferred to the jurisdiction of the commissioner as of July 1, 2001.
(c) The enactment of this chapter and the Act by which it is enacted shall not affect or abate the status as a crime of any act or omission which occurred prior to July 1, 2001, nor shall the prosecution of such crime be abated as a result of such enactment.
(d)(1) As used in this subsection, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance.
(2) Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia shall be subject to all rules and regulations promulgated by the commissioner pursuant to Code Section 46-7-26 governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials.
(3) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner may impose civil monetary penalties in an amount not to exceed $25,000.00 for each violation of any rules and regulations promulgated pursuant to Code Section 46-7-26 with respect to persons transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia.

40-16-7. [ Index ]
(a) 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 motor vehicle safety 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.
(b) Appropriations to the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for functions transferred to the Department of Motor Vehicle Safety pursuant to this chapter may be transferred to the Department of Motor Vehicle Safety 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 by the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for such transferred functions shall likewise be transferred to the Department of Motor Vehicle Safety. Any disagreement between such departments as to any such transfers shall be determined by the Governor.
(c) Except as specifically provided otherwise by law, all fines and forfeitures collected for criminal violations cited by the department´s enforcement officers shall, after deduction from the total fine or 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 forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures.