40-5-1.
[
Index ]
As used in this chapter,
the term:
(1) 'Assessment component' means the
standard screening instrument or instruments designated by the Department of
Human Resources which are used to screen for the extent of an individual´s
alcohol or drug use and its impact on driving.
(2)
Reserved.
(3) 'Cancellation of driver´s license'
means the annulment or termination by formal action of the Department of Motor
Vehicle Safety 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.
(4) '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.
(5) 'Commissioner' means the commissioner of motor
vehicle safety.
(6) '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.
(7) 'Department' means the
Department of Motor Vehicle Safety.
(8)
'Disqualification of driver´s license' means a prohibition against driving
a commercial motor vehicle.
(9) 'DUI Alcohol or Drug
Use Risk Reduction Program' means a program certified by the Department of Human
Resources which consists of two components: assessment and intervention. In the
case of a conviction or plea of nolo contendere to a violation of Code Section
40-6-391 or in any other instance in which a person may be referred to a DUI
Alcohol or Drug Use Risk Reduction Program, the program administers the
assessment component and refers such offender to the intervention component.
(10) '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 Human Resources for the DUI Alcohol or Drug Use Risk Reduction Programs under
subsection (e) of Code Section 40-5-83.
(11)
Reserved.
(12) 'Mail' means to deposit in the United
States mail properly addressed and with postage prepaid.
(13) '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.
(14) '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.
(15) '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:
(A) 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
(B) 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 U.S. Immigration
and Naturalization Service.
(16) '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.
(16.1) '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.
(17) '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.
40-5-2.
[
Index ]
(a)
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:
(1) A
record of every application for a license received by it and suitable indexes
containing:
(A) All applications granted;
and
(B) 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;
(2)
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
(3) Records of all accident reports and abstracts
of court records of convictions of any offense listed in 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
showing the convictions of such licensee and the traffic accidents in which such
licensee has been involved shall be readily ascertainable and available for the
consideration of the department upon any 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.
(b) 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 (4.1) 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.
(c)(1) 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:
(A) With the written instructions and consent of the
driver upon whom the operating record has been made and compiled;
(B)(i) Pursuant to a written request or a request
made in accordance with a contract with the Georgia Technology Authority for
immediate on-line 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
(ii) 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 on-line 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;
(C) In accordance with Article 7
of this chapter, the 'Georgia Uniform Commercial Driver´s License Act';
(D) 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;
provided, however, that notwithstanding the definition of personal information
under Code Section 40-5-1, personal information furnished to the driver´s
licensing agency of another state shall be limited to name, address, driver
identification number, and medical or disability information;
(E) 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;
(F) 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
(G) For use in the normal course of business by a
legitimate business or its agents, employees, or contractors, but only:
(i) To verify the accuracy of personal information
submitted by the individual to the business or its agents, employees, or
contractors; and
(ii) 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.
(2) Nothing in this Code section shall preclude the
department from confirming or verifying the status of a driver´s license or
permit.
(d)(1) 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) of
this Code section. The custodians may certify copies or compilations, including
extracts thereof, of the records of the department. When so certified, such
records shall be admissible as evidence in any civil or criminal proceeding as
proof of the contents thereof.
(2) 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.
(e) 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.
(f) The department is specifically authorized to
disseminate the following records and information:
(1)
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;
(2) 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;
(3) To the Department of Human
Resources, 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 Resources 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';
(4) 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. 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;
(5) The information required
to be made available to organ procurement organizations pursuant to subsection
(d) of Code Section 40-5-25 and for the purposes set forth in such Code section;
(6) The information required to be made available
regarding voter registration pursuant to Code Section 21-2-221 and for the
purposes set forth in such Code section; and
(7) The
lists required to be made available to boards of jury commissioners pursuant to
Code Section 15-12-40 regarding county residents who are the holders of
drivers´ licenses or personal identification cards issued pursuant to this
chapter. Such lists shall identify each such person by name, address, date of
birth, gender, driver´s license or personal identification card number
issued pursuant to the provisions of this chapter, and, whenever racial and
ethnic information is collected by the department for purposes of voter
registration pursuant to Code Section 21-2-221, by racial or ethnic group.
(g) 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.
(h) 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.
(i) 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.
(j) The commissioner is
authorized to promulgate any rules, regulations, or policies as are necessary to
carry out the provisions of this Code section. The department and the Georgia
Technology Authority are each authorized to charge reasonable fees to defray
costs incurred in affording access to or disseminating 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; and provided, further, that the fee for furnishing the limited
information provided for purposes of insurance rating pursuant to division
(c)(1)(B)(ii) of this Code section shall not exceed 20 percent of the fee for
furnishing the abstract of a driver´s record.
(k)
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.
40-5-3.
[
Index ]
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.
[
Index ]
(a) 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.
(b) When duly
promulgated and adopted, all regulations issued pursuant to this chapter shall
have the force of law.
40-5-5.
[
Index ]
(a) 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.
(b) 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.
40-5-6.
[
Index ]
(a)
Whenever any person applies for or requests the issuance, reissuance, or renewal
of any class of driver´s license, the department shall furnish that person
with a form, sufficient under Article 6 of Chapter 5 of Title 44, the 'Georgia
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, desires to execute a gift, the department shall provide
that person with appropriate assistance and the presence of the legally required
number of witnesses.
(b) A notation shall be affixed
to or made a part of every driver´s license issued in this state indicating
whether or not the licensee has executed, under Article 6 of Chapter 5 of Title
44, the 'Georgia Anatomical Gift Act,' a gift, by will or otherwise, of all or
part of his body conditioned upon the donor´s death.
40-5-7.
Reserved.
40-5-8.
[
Index ]
(a) 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.
(b) 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.
40-5-20.
[
Index ]
(a) No person,
except those expressly exempted in this chapter, 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.
(b) 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.
(c) No person shall receive a driver´s
license unless and until such person surrenders to the department all valid
licenses in such person´s possession issued to him or her by this or any
other jurisdiction, except as otherwise provided by Code Section 40-5-32. All
surrendered licenses issued by another jurisdiction shall be destroyed. The
license information shall be forwarded to the previous jurisdiction. No person
shall be permitted to have more than one valid driver´s license at any
time.
(d) 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.
[
Index ]
(a) 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:
(1) 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;
(2) A nonresident
who is at least 16 years of age and who 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;
(3) 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;
(4) 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 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;
(5) 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;
(6) Any person driving or operating a farm
tractor or farm implement temporarily operated on a highway for the purpose of
conducting farm business;
(7) 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;
(8) 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;
(9) 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;
(10) 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;
and
(11) 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 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 Department of Motor Vehicle Safety rules 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.
(b) 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:
(1) 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
(2) He or she is currently enrolled in a school in
this state, has paid for the current 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 period of enrollment.
40-5-21.1.
Repealed.
40-5-22.
[
Index ]
(a) 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 the age of 16 years, 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 subsection (b) of 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. On and after January 1,
1985, the department shall not issue any driver´s license to any person
under 18 years of age unless such person presents a certificate or other
evidence acceptable to the department which indicates satisfactory completion of
an alcohol and drug course as prescribed in subsection (b) of Code Section
20-2-142; provided, however, that a person under 18 years of age who becomes a
resident of this state and who has in his or her immediate possession a valid
license issued to him or her in another state or country shall not be required
to take or complete the alcohol and drug course. 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 the age of 18 years.
(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
general educational development (GED) equivalency diploma, a special diploma, or
a certificate of high school completion, has permission of his or her parent or
guardian to withdraw from school, or has terminated his or her secondary
education and is enrolled in a postsecondary school or the records of the
department indicate that said applicant:
(A) Is
enrolled in and not under suspension from a public or private school and
satisfies relevant attendance requirements as set forth in paragraph (2) of this
subsection; or
(B) Is enrolled in a home education
program that satisfies the requirements of all state laws governing such
courses.
(2) The department shall forthwith notify by
certified mail or statutory overnight delivery, return receipt requested, any
minor issued an instruction permit or driver´s license in accordance with
this subsection other than a minor who has terminated his or her secondary
education and is enrolled in a postsecondary school or who has permission of his
or her parent or guardian to withdraw from school that such minor´s
instruction permit or driver´s license is suspended subject to review as
provided for in this subsection if the records of the department indicate that
such minor:
(A) Has dropped out of school without
graduating and has remained out of school for ten consecutive school days;
(B) Has more than ten consecutive school days of
unexcused absences in any semester or combination of two consecutive quarters;
or
(C) Has been suspended from school for:
(i) Threatening, striking, or causing bodily harm to
a teacher or other school personnel;
(ii) Possession
or sale of drugs or alcohol on school property;
or
(iii) Possession or use of a weapon on school
property. For purposes of this subparagraph, the term 'weapon' shall not include
any part of an archeological or cultural exhibit brought to school in connection
with a school project.
Notice given by certified mail
or statutory overnight delivery with return receipt requested mailed to the
person´s last known address shall be prima-facie evidence that such person
received the required notice. The minor so notified may request in writing a
hearing within ten business days from the date of receipt of notice. Within 30
days after receiving a written request for a hearing, the department shall hold
a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' After such hearing, the department shall sustain its order of
suspension or rescind such order. Appeal from such hearing shall be in
accordance with said chapter. If no hearing is requested within the ten business
days specified above, the right to a hearing shall have been waived and the
instruction permit or driver´s license of the minor shall remain suspended.
The suspension provided for in this paragraph shall be for a period to end upon
the date of such minor´s eighteenth birthday, but such minor´s
instruction permit or driver´s license shall be reinstated if the minor
submits evidence satisfactory to the department that he or she has resumed
regular studies as determined by the State Board of Education and qualifies for
an instruction permit or driver´s license under the provisions of this
subsection, upon payment of a restoration fee of $50.00; provided, however, that
any instruction permit or driver´s license suspended pursuant to
subparagraph (C) of this paragraph shall not be reinstated until 90 days after
the effective date of the suspension of such permit or license.
(3) The State Board of Education and the commissioner
of motor vehicle safety are authorized to promulgate rules and regulations to
implement the provisions of this subsection.
(a.2)(1)
On and after January 1, 2002, 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 unless such
person:
(A) Has completed an approved driver
education course in a licensed private or public driver training school and in
addition a cumulative total of at least 20 hours of other supervised driving
experience including at least six hours at night, all of 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; or
(B) Has completed a cumulative total
of at least 40 hours of supervised driving experience including at least six
hours at night, and the same 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.
(2) The commissioner shall by rule or regulation
establish standards for approval of any driver education course for purposes of
subparagraph (A) of paragraph (1) of this subsection, 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.
(3) 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.
(b) Notwithstanding the provisions of
subsection (a) of this Code section, any person 14 years of age 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 by such visually
impaired parent or guardian whenever operating a motor vehicle.
(c) The department shall not issue any driver´s
license to nor renew the driver´s license of any person:
(1) Whose license has been suspended during such
suspension, or whose license has been revoked, except as otherwise provided in
this chapter;
(2) 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;
(3) Who is a habitual user of alcohol or any drug to
a degree rendering him incapable of safely driving a motor vehicle;
(4) 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;
(5) Who is required by this chapter to take an
examination, unless such person shall have successfully passed such examination;
(6) 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
(7)
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.
40-5-22.1.
[
Index ]
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 of possession of marijuana or a controlled substance in
violation of Code Section 40-5-30 or of the unlawful possession of a dangerous
drug in violation of Code Section 40-5-72 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 approved by the Department of Human Resources or an
assessment and intervention program approved by the juvenile court and pays a
fee of $210.00 to the Department of Motor Vehicle Safety or $200.00 when such
application is processed by mail. The court shall notify the Department of Motor
Vehicle Safety of its order delaying the issuance of such child´s license
within 15 days of the date of such order. The Department of Motor Vehicle Safety
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.
[
Index ]
(a) The
department upon issuing a driver´s license shall indicate thereon the type
or general class of vehicles that the licensee may drive.
(b) 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.
(c) The noncommercial classes of
motor vehicles for which operators may be licensed shall be as follows:
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, and all vehicles included within Class B and Class C;
Class B — 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 C —
Any single vehicle with a gross vehicle weight rating not in excess of 26,000
pounds or any such vehicle towing a vehicle with a gross vehicle weight rating
not in excess of 10,000 pounds 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;
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
M — Motorcycles, motor driven cycles, and three-wheeled motorcycles;
Class P — Instructional 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 A or Class B 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.
[
Index ]
(a)(1) 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) A person who has been
issued an instruction permit under this subsection and has never been issued a
Class D driver´s license under subsection (b) of this Code section will
become eligible for a Class D driver´s license under subsection (b) of this
Code section only if such person is at least 16 years of age, has a valid
instruction permit which is not under suspension, and, for a period of not less
than 12 consecutive months prior to making application for a Class D
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, using a motor vehicle in
fleeing or attempting to elude an officer, reckless driving, or convicted of any
offense for which four or more points are assessable under subsection (c) of
Code Section 40-5-57.
(3) This subsection does not
apply to instruction permits for the operation of motorcycles.
(b)(1) 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 otherwise complied with all prerequisites
for the issuance of such Class D driver´s license as provided in subsection
(a) of this Code section, provided that a resident at least 16 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.
(2) 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:
(A) 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 6:00 A.M. eastern standard time or
eastern daylight time, whichever is applicable;
and
(B)(i) 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.
(ii) 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;
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.
(3) 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, using a motor vehicle in
fleeing or attempting to elude an officer, reckless driving, 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.
(c) Any resident of this state who is at least 16
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. A motorcycle
instruction permit shall not be valid when carrying passengers, on a limited
access highway, or at night.
(d) 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 A and B. 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 A and B,
the applicant shall pass a knowledge and skill test for driving a Class A or B
vehicle as provided by the commissioner.
(e) 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.
[
Index ]
(a) 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 commissioner, not to exceed:
(1) For instruction permits for Classes A, B, C, and
M drivers? licenses and for Class D drivers? licenses $
10.00
(2) For Classes C and M drivers? licenses
15.00
(3) For Classes A and B drivers? licenses
15.00
(4) For application for Classes A, B, C, and M
commercial drivers? licenses or a Class P commercial driver?s instruction permit
35.00
(5) For Class P commercial drivers?
instruction permits for Classes A, B, C, and M commercial drivers? licenses
10.00
(6) For Classes A, B, C, and M commercial
drivers? licenses, initial issuance requiring a road test
65.00
(7) For Classes A, B, C, and M commercial
drivers? licenses, initial issuance not requiring a road test
15.00
(8) For renewal of Classes A, B, C, and M
commercial drivers? licenses 15.00
(9) Initial
issuance of Classes A, B, C, and M commercial drivers? licenses and Class P
commercial drivers? instruction permits shall include all endorsement fees
within the license fee. Each endorsement added after initial licensing
5.00
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 any four-year period for which the license was originally
issued.
(b) Notwithstanding the provisions of
subsection (a) of this Code section, any Class 1 or 2 license issued prior to
April 3, 1989, shall remain valid until its expiration unless otherwise lost,
destroyed, suspended, or revoked prior to its expiration. A Class 3, 4, or 5
license shall remain valid unless lost, destroyed, suspended, revoked, or
canceled, until its expiration or its earlier replacement under Article 7 of
this chapter, the 'Uniform Commercial Driver?s License Act.'
(c) Every such application shall state the full name,
date of birth, sex, and residence address of the applicant; shall briefly
describe the applicant; and 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.
(d)(1)
The General Assembly finds that it is in the best interest of the 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.
(2) Notwithstanding the provisions of paragraph (2)
or (3) of subsection (a) of this Code section, each applicant for the issuance,
reissuance, or renewal of a Class C, M, A, or B driver?s license under paragraph
(2) or (3) of subsection (a) of this Code section shall accompany such
application with a license fee as established by the commissioner, not to exceed
$8.00, if such applicant executes an anatomical gift pursuant to Code Section
40-5-6.
(3) The department shall make available to
those federally designated organ procurement organizations the name, license
number, date of birth, and most recent address of any person who obtains a
driver?s license with the reduced fee provided for in paragraph (2) of this
subsection. Information so obtained by such organizations shall be used for the
purpose of establishing 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.
(e)(1) The General Assembly
finds that it is in the best interests of the state to encourage improved public
education and awareness regarding blindness and to address the need for
blindness prevention screenings and treatments for the benefit of the citizens
of Georgia.
(2) 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.
(3) Voluntary contributions made pursuant to this
subsection shall be transmitted to the Department of Human Resources for use
thereby in providing the blindness education, screening, and treatment program
provided by Code Section 31-1-23.
(4) This subsection
shall become effective on January 1, 2000.
40-5-26.
[
Index ]
(a) The
application of any person under the age of 18 years for an instruction permit or
driver´s license shall be 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.
(b) 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.
[
Index ]
(a) The department shall examine every applicant for
a driver´s license. 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; provided, however, that 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. Applicants 18 years of age and older with valid and current licenses
issued by another state of the United States or the District of Columbia who
surrender their previous licenses to obtain a Georgia license shall be exempt
from taking such tests other than tests of eyesight. 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.
(b) 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.
(c)(1) Except as provided in paragraphs (2),
(3), and (4) of this subsection, no 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.
(2) 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:
(A) The person can attain a visual acuity of at least
20/60 through utilizing bioptic telescopes;
(B) The
telescopes are prescribed by a licensed optometrist or ophthalmologist;
(C) The person presents documentation of having
satisfactorily completed training in the use of the bioptic telescope as
certified by the prescribing doctor;
(D) 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;
(E)
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
(F) The person
presents said documentation to a department operated test site and passes a
driver´s test examination administered by the department.
(3) 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 rear-view 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.
(4) The user of a bioptic telescope
shall require renewal of his or her license biennially. The person must be
reevaluated at least biennially by an optometrist or ophthalmologist and must
biennially pass the driver´s road test examination administered by the
department. 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 road test 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.
40-5-28.
[
Index ]
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 color photograph of
the licensee, the licensee´s full 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. Specifically but
without limitation, the department may require applicants to submit fingerprints
by means of an inkless fingerprint scanning device upon application.
40-5-28.1.
[
Index ]
No license or
permit issued or renewed on or after July 1, 1997, pursuant to this article
shall contain the social security number of the licensee or permit holder unless
such person specifically requests the use of such number.
40-5-29.
[
Index ]
(a) Every
licensee shall have his driver´s license in his immediate possession at all
times when operating a motor vehicle.
(b) Every
licensee shall display his license upon the demand of a law enforcement 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.
(c) A person convicted of a violation of subsection
(a) of this Code section shall be fined no more than $10.00 if he produces in
court a license theretofore issued to him and valid at the time of his arrest.
40-5-30.
[
Index ]
(a) 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.
(b) The department may either issue a
special restricted license or set forth such restrictions upon the usual license
form.
(c) The department, upon receiving satisfactory
evidence of any violation of the restrictions of such license, may revoke the
license, but the licensee shall be entitled to a hearing as upon a revocation
under subsection (c) of Code Section 40-5-59. No person shall operate a motor
vehicle in any manner in violation of the restrictions imposed in a restricted
license issued to him.
40-5-31.
[
Index ]
(a) 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:
(1) Obtain a new permit or license;
or
(2) 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 $5.00, and no examination or eyesight test shall be
required to obtain such replacement permit.
(b) 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 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.
(c) 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.
(d) 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.
[
Index ]
(a)(1) Every driver´s license shall expire on
the licensee´s birthday in the fourth year following the issuance of such
license. Every such license shall be renewed on or before its expiration upon
application, payment of the required fee, and, if applicable, satisfactory
completion of the examination required or authorized by subsection (c) of this
Code section.
(2) Except as otherwise provided by
subsection (c) of this Code section, every holder of a veteran´s or
honorary license shall meet the requirements of subsection (c) of this Code
section on or before his or her birthday every four years, beginning from the
date on which the holder was last required to take an examination under former
Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department
may allow a veteran or honorary license holder to retain his or her expired
veteran´s or honorary license as a souvenir.
(3)
The commissioner shall issue such rules and regulations as are required to
enforce this subsection.
(b) An application for
driver´s license renewal may be submitted by means of:
(1) Personal appearance before the department;
or
(2) 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.
(c)(1) The department shall
require every person applying for renewal of a driver´s license to take and
pass successfully such test of his or her eyesight as the department shall
prescribe, unless otherwise provided by rule or regulation for purposes of
paragraph (2) of subsection (b) of this Code section.
(2) At the time of the renewal, the department shall
issue a pamphlet containing information pertaining to new traffic laws and to
traffic laws most frequently violated.
(3) The
commissioner may issue such rules and regulations as are necessary to implement
this subsection.
40-5-33.
[
Index ]
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.
40-5-34.
[
Index ]
(a) The
commissioner is authorized to appoint a Driver License Advisory Board.
(b) The Driver License Advisory Board shall advise
the commissioner on medical criteria and vision standards relating to the
licensing of drivers under this chapter.
(c) 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.
(d) 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.
(e) 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.
[
Index ]
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e)
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.
(f) 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.
[
Index ]
(a) 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.
(b) 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.
(c) Veterans´ licenses may be issued to:
(1) Veterans who were residents of Georgia at the
time of enlistment or commissioning and are residents at the time of application
for the license, or who have been residents of Georgia for at least five years
immediately preceding the date of application for the license, who served on
active duty in the armed forces of the United States or on active duty in a
reserve component of the armed forces of the United States, including the
National Guard, 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, except
for periodic transfer from reserve status to active duty status for training
purposes, and who were discharged or separated under honorable conditions;
and
(2) All members or former members of the National
Guard or reserve forces who have 20 or more years´ creditable service
therein.
(d) Honorary licenses may be issued to:
(1) 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
(2) 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.
(e) 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.
40-5-50.
[
Index ]
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.
[
Index ]
(a) 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 in like manner and for like cause as a driver´s license
issued under this chapter may be suspended or revoked.
(b) 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.
(c) 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.
[
Index ]
(a) 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.
(b) 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.
(c) 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.
40-5-53.
[
Index ]
(a) 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 retain possession of any suspended
drivers? licenses forwarded to it under this or any other provision of law if
the license?s expiration date, as shown on the driver?s license, is one year or
more away. The department shall return the driver?s original license upon
payment of the applicable reinstatement fee if such driver applies for and is
granted reinstatement while the original license is in the possession of the
department. No additional fee shall be required for the return of such original
license. The department may destroy a suspended license if the license?s
expiration date, as shown on the license, is less than one year away.
(b) 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 may transmit the information contained on the uniform citation form
by electronic means, provided that the department has first given approval to
the reporting court for the electronic reporting method utilized. The department
shall pay to the clerk of the court forwarding the required report 40¢ for
each report transmitted electronically and 10¢ for each report transmitted
otherwise; 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.
40-5-54.
[
Index ]
(a) 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:
(1) Homicide
by vehicle, as defined by Code Section 40-6-393;
(2)
Any felony in the commission of which a motor vehicle is used;
(3) Hit and run or leaving the scene of an accident
in violation of Code Section 40-6-270;
(4) Racing on
highways and streets;
(5) Using a motor vehicle in
fleeing or attempting to elude an officer;
(6)
Fraudulent or fictitious use of or application for a license as provided in Code
Section 40-5-120 or 40-5-125; or
(7) Operating a motor
vehicle with a revoked, canceled, or suspended registration in violation of Code
Section 40-6-15.
(b) 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 provided
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.
[
Index ]
(a) As used
in this Code section, the term:
(1) 'Agency' means
the agency within the Department of Human Resources which is responsible for
enforcing orders for child support pursuant to this article.
(2) '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.
(3) '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.
(b) 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.
(c) 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.
(d) Any person who receives notice from the agency
that his or her registration 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.
(e) A
person whose driver´s license has been suspended pursuant to this Code
section may apply to the department for a restricted driving permit as provided
in Code Section 40-5-71.
40-5-55.
[
Index ]
(a) 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.
(b) 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.
(c) 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.
[
Index ]
(a)
Notwithstanding any other provisions of this chapter or any other law to the
contrary, 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 of this state or
of any other state for a traffic violation other than a parking violation. The
department shall forthwith notify such person that his license is to be
suspended subject to review as provided for in this chapter.
(b) The person so notified may request a hearing
within ten days from the date of receipt of notice sent by registered mail or
statutory overnight delivery. Within 30 days after receiving a written request
for a hearing, the department shall hold a hearing as provided for in Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the
department shall sustain its order of suspension or rescind such order. If no
hearing is requested within the ten days specified above, the right to a hearing
shall have been waived and the license of the driver shall be suspended.
(c) 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. Such person´s license shall be reinstated if
the person submits proof of payment of the fine from the court of jurisdiction
and pays a restoration fee of $35.00 or $25.00 when such reinstatement is
processed by mail to the department. Such suspension shall be in addition to any
other suspension or revocation provided for in this chapter.
40-5-57.
[
Index ]
(a) 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.
(b) 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.
(c)(1)(A) 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:
Aggressive driving 6
points
Reckless driving 4
points
Unlawful passing of a school bus 6
points
Improper passing on a hill or a curve 4
points
Exceeding the speed limit by more than 14 miles
per hour but less than 19 miles per hour 2
points
Exceeding the speed limit by 19 miles per hour
or more but less than 24 miles per hour 3
points
Exceeding the speed limit by 24 miles per hour
or more but less than 34 miles per hour 4
points
Exceeding the speed limit by 34 miles per hour
or more 6 points
Disobedience of any traffic-control
device or traffic officer 3 points
Too fast for
conditions 0 points
Possessing an open container of
an alcoholic beverage while driving 2 points
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
Violation of child safety restraint
requirements, first offense 1 point
Violation of
child safety restraint requirements, second or subsequent offense 2
points
All other moving traffic violations which are
not speed limit violations 3 points
(B) 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.
(C) A court may order a person to attend a driver
improvement course 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 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.
(2) 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:
(A) 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
(B) The commissioner has suspended or revoked the
radar speed detection device permit of such county or municipality pursuant to
Code Section 40-14-11.
(d) 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:
(1) 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;
(2) 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
(3) 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.
(e) 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, or from the date a license is
surrendered to a court under any provision of this chapter, 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.
(f) 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.
[
Index ]
(a) 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,
purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a)
of Code Section 3-3-23, or violation of paragraph (3) or (5) of subsection (a)
of Code Section 3-3-23, or violation of Code Section 40-6-391 shall be suspended
by the department as provided by this Code section; and 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 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; or, in lieu thereof,
notice may be given by personal service upon such person. Such license shall be
surrendered within ten days of notification of such suspension. 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.
(b) A person
whose driver´s license has been suspended under subsection (a) of this Code
section shall:
(1) Subject to the requirements of
subsection (c) of this Code section and except as otherwise provided by
paragraph (2) of this subsection:
(A) Upon a first
such suspension, be eligible to apply for license reinstatement and, subject to
successful recompletion of the examination requirements of Code Section 40-5-27
and payment of required fees, have his or her driver´s license reinstated
six months from the date on which the suspended license was surrendered to and
received by the department; and
(B) Upon a second or
subsequent such suspension, be eligible to apply for license reinstatement and,
subject to successful recompletion of the examination requirements of Code
Section 40-5-27 and payment of required fees, have his or her driver´s
license reinstated 12 months from the date on which the suspended license was
surrendered to and received by the department;
or
(2)(A) If the driver´s license was suspended
upon conviction for violation of Code Section 40-6-391, be subject to the
provisions of Code Section 40-5-63.
(B) If such
driver was convicted of driving under the influence of alcohol or of having an
unlawful alcohol concentration and is otherwise subject to the provisions of
paragraph (1) of subsection (a) of Code Section 40-5-63, then such person shall
not be eligible for a limited driving permit under Code Section 40-5-64, and:
(i) If the driver´s alcohol concentration at the
time of the offense was less than 0.08 grams, he or she shall not be eligible
for license reinstatement until the end of six months;
or
(ii) If the driver´s alcohol concentration at
the time of the offense was 0.08 grams or more, he or she shall not be eligible
for license reinstatement until the end of 12 months.
(C) Any driver subject to the provisions of this
paragraph shall, as an additional prerequisite for license reinstatement, be
required to successfully recomplete the examination requirements of Code Section
40-5-27.
(b.1) In any case where a person´s
driver´s license was administratively suspended as a result of the offense
for which the person´s driver´s license has been suspended pursuant to
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.
(c) Any driver´s license suspended
under subsection (a) 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
program approved by the department and pays a fee equivalent to that required
for restoration of a suspended driver´s license under paragraph (1) of
subsection (a) of Code Section 40-5-63; provided, however, that such fee shall
not be required under this subsection if such person´s driver´s
license was administratively suspended as a result of the offense for which the
person´s driver´s license has been suspended pursuant to this Code
section and the restoration fee was paid for such administratively suspended
driver´s license.
40-5-57.2.
[
Index ]
(a) The driver´s license of any person convicted
for a second or subsequent offense of violating Code Section 40-6-255 shall be
suspended as provided in this Code section. 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.
(b)(1) A
first suspension of a driver´s license under this Code section shall be for
a period of six months.
(2) A second or subsequent
suspension of a driver´s license under this Code section shall be for a
period of one year.
(c) After the suspension period
and when 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.
[
Index ]
(a) 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:
(1) Committing any
offense covered under Code Section 40-5-54 or Code Sections 40-6-391 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 40-6-391 through 40-6-395;
or
(2) Singularly or in combination, any of the
offenses described in paragraph (1) of this subsection.
(b) When the records of the department disclose that
any person has been arrested and convicted of a violation of Chapter 6 of this
title, or of a valid local ordinance adopted pursuant thereto, of an offense
occurring on or after January 1, 1976, which record of arrest and conviction,
when taken with and added to previous arrests and convictions of such person as
contained in the files of the department, reveals that such person is a habitual
violator as defined in subsection (a) of this Code section, the department shall
forthwith notify such person that upon the date of notification such person has
been declared by the department to be a habitual violator, and that henceforth
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. In the event that at the time of determination the habitual
violator had been issued a driver´s license, such license shall be revoked
by such notice and shall be surrendered to the department within ten days of
notification of such determination. For the purposes of this chapter, notice
given by certified mail or statutory overnight delivery with return receipt
requested mailed to the person´s last known address shall be prima-facie
evidence that such person received the required notice. In addition to the
procedure set forth in this subsection, the sentencing judge or prosecutor in a
conviction which conviction classifies the defendant as a habitual violator may,
at the time of sentencing, declare such defendant to be a habitual violator. The
judge or prosecutor shall, when declaring a defendant to be a habitual violator,
then give personal notice to such defendant on forms provided by the department
that henceforth it shall be unlawful for such habitual violator to operate a
motor vehicle in this state unless otherwise provided in this Code section. The
judge or prosecutor, as the case may be, shall within three days forward to the
department the order declaring that the defendant is a habitual violator, the
notice of service, with the defendant´s driver´s license or a sworn
affidavit of the defendant declaring that the driver´s license has been
lost, and the department´s copy of the uniform citation or the official
notice of conviction attached thereto.
(c)(1) Except
as provided in paragraph (2) of this subsection or in subsection (e) 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.
(2) 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 (e) 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.
(d) Notwithstanding any
contrary provisions of Code Section 17-7-95, for the purposes of this Code
section, any plea of nolo contendere entered and accepted after January 1, 1976,
shall be considered a conviction.
(e)(1)
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 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, such person may
be issued a probationary driver´s license for a period of time not to
exceed three years upon compliance with the following conditions:
(A) Such person has not been convicted, or pleaded
nolo contendere to a charge, of violating any provision of this chapter 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;
(B) Such person has not been convicted, or pleaded
nolo contendere to a charge, of a violation of any provision of this chapter
which resulted in the death or injury of any individual;
(C) Such person has successfully completed, prior to
the issuance of the probationary driver´s license, a defensive driving
course or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the
department;
(D) Such person has not been convicted,
or pleaded nolo contendere to a charge, of violating any provision of Title 3,
relating to alcoholic beverages, or of violating any provision of Chapter 13 of
Title 16, relating to controlled substances;
(E) 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. 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;
(F) Such person submits proof of
financial responsibility as provided in Chapter 9 of this title;
and
(G) 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:
(i) Going to his place of employment
or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining
prescription drugs;
(iii) Attending a college or
school at which he is regularly enrolled as a student;
(iv) 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
(v) 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 driver´s license or by the commissioner.
(2) 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.
(3) 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.
(4) 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:
(A) Specific places between which the
licensee may be allowed to operate a motor vehicle;
(B) Routes to be followed by the licensee;
(C) Times of travel;
(D)
The specific vehicles which the licensee may operate;
and
(E) Such other restrictions as the department may
require.
(5) 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.
(6)(A)(i) 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.
(ii) 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 or Code
Section 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.
(iii) 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.
(B) 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 or Code
Section 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
his license, shall have his 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 or Code Section 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.
(C) 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 discretion, after affording the person notice and an
opportunity to be heard, may refuse to issue the license under this subsection.
(D) 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.
(7) 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.
(f) 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 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.
[
Index ]
(a) 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.
(b)
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.
(c) 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.
40-5-60.
[
Index ]
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.
40-5-61.
[
Index ]
(a)
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.
(b) Any person whose license has been canceled,
suspended, or revoked shall immediately return his license to the department.
(c) It shall be unlawful to refuse to deliver upon a
legal demand any driver´s license which has been canceled, suspended, or
revoked.
(d) 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.
(e) For the
purpose of making any determination under this Code section relating to the
return of revoked or suspended licenses to drivers, no period of revocation or
suspension shall begin until the license is surrendered to the department or a
court of competent jurisdiction under any provision of this chapter, 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.
40-5-62.
[
Index ]
(a) 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 nonresident´s operating privilege until:
(1) 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, reduced by a period of time equal to that period of time which elapses
between the date the person surrenders his 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
(2) Such time as any cause for revocation under
subsection (b) of Code Section 40-5-59 has been removed.
(b) 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 an
approved 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 $210.00 or $200.00 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.
[
Index ]
(a) 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:
(1) 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 12 months. At the end of 120 days, the
person may apply to the department for reinstatement of said 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 approved by the
Department of Human Resources 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 program approved by the Department of
Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program
approved by the Department of Human Resources 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 approved by the Department of Human Resources 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;
(2) 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. At
the end of 120 days, the person may apply to the department for reinstatement of
said 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
approved by the Department of Human Resources and pays a restoration fee of
$210.00 or $200.00 when 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 program approved by the department or a
DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of
Human Resources 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 approved
by the Department of Human Resources 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
(3) 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 said license shall be revoked as provided
for in paragraph (1) 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.
(b) 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.
(c) 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 approved by the Department of Human Resources.
(d) Any person convicted of violating subsection (a)
of Code Section 40-6-393, relating to homicide by vehicle, or Code Section
40-6-394, relating to serious injury by vehicle, 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
subsection, an accepted plea of nolo contendere to homicide by vehicle in the
first degree or serious injury by vehicle shall constitute a conviction.
(e) The driver´s license of any person under 21
years of age who is convicted of unlawful possession of alcoholic beverages in
violation of Code Section 3-3-23 while operating a motor vehicle may be
suspended for a period of not less than 120 days. At the end of 120 days, the
person may apply to the department for reinstatement of said driver´s
license. Such license shall be reinstated only if the person submits proof of
completion of an approved DUI Alcohol or Drug Use Risk Reduction Program
prescribed by the Department of Human Resources and pays a restoration fee of
$35.00 or $25.00 when processed by mail. For purposes of this subsection, a
sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a
conviction, and the driver´s license of such person shall not be suspended,
provided that such person completes a DUI Alcohol or Drug Use Risk Reduction
Program within 120 days after sentencing.
(f) The
driver´s license of any person who is convicted of attempting to purchase
an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code
Section 3-3-23 upon the first conviction shall be suspended for a period of six
months and upon the second or subsequent conviction shall be suspended for a
period of one year. At the end of the period of suspension, the person may apply
to the department for reinstatement of his or her driver´s license. Such
license shall be reinstated upon payment of a restoration fee of $35.00 or
$25.00 when processed by mail. For purposes of this subsection, a sentence under
subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction,
and the driver´s license of such person shall not be suspended.
40-5-63.1.
[
Index ]
In addition
to any and all other conditions of license reinstatement, issuance, or
restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two
or more convictions of 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, shall be
required to undergo a clinical evaluation and, if indicated by such evaluation,
must complete a substance abuse treatment program, provided 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 must 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 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.
40-5-64.
[
Index ]
(a) To whom
issued.
(1) Notwithstanding any contrary provision of
Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, 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 for which a
conviction is obtained or a plea of nolo contendere is accepted, may apply for a
limited driving permit when and only when that person?s driver?s license has
been suspended in accordance with paragraph (2) of subsection (a.1) of Code
Section 40-5-22, subsection (d) of Code Section 40-5-57, paragraph (1) of
subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of
Code Section 40-5-67.2.
(2) Any person whose driver?s
license has been suspended and who is subject to a court order for installation
and use of an ignition interlock device as a condition of probation pursuant to
the provisions Article 7 of Chapter 8 of Title 42 may apply for a limited
driving permit.
(b) 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.
(c) 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, 'extreme hardship' means that the applicant cannot reasonably
obtain other transportation, and therefore the applicant would be prohibited
from:
(1) Going to his or her place of employment or
performing the normal duties of his or her occupation;
(2) Receiving scheduled medical care or obtaining
prescription drugs;
(3) Attending a college or school
at which he or she is regularly enrolled as a student;
(4) 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
(5) 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.
(c.1) Exception to standards for approval. The
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.
(d) 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:
(1) Specific
places between which the permittee may be allowed to operate a motor vehicle;
(2) Routes to be followed by the permittee;
(3) Times of travel;
(4)
The specific vehicles which the permittee may operate;
(4.1) The installation and use of an ignition
interlock device in accordance with Article 7 of Chapter 8 of Title 42;
and
(5) Such other restrictions as the department may
require.
(e) Duration of permit. A permit issued
pursuant to this Code section shall be $25.00 and shall be nonrenewable and
shall become invalid upon the driver?s eighteenth birthday in the case of a
suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon
the expiration of one year following the effective date of suspension of the
applicant?s driver?s license in the case of a suspension for an offense listed
in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the
expiration of 120 days following conviction in the case of a suspension in
accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a
violation of Code Section 40-6-391, upon 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 upon the expiration of six months
following proof of installation of an ignition interlock device in the case of a
limited driving permit issued to a person subject to a court order for
installation and use of such a device pursuant to Article 7 of Chapter 8 of
Title 42; except that such limited driving permit shall expire upon any earlier
reinstatement of the driver?s license. A person convicted of such offense whose
driver?s license had been surrendered to the court in which such conviction was
adjudged may apply to the department for a limited driving permit immediately
following such 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. A person convicted of such offense whose driver?s license had not been
surrendered to such court immediately following such conviction may apply to the
department for a permit. Upon the applicant?s surrender to the department of his
or her driver?s license and the execution of a similar affidavit, or if the
driver?s license has been lost, upon execution of an additional affidavit to
that effect, the department may issue such person a limited driving permit.
(f) 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.
(g) Revocation of
permit.
(1)(A) Any permittee who is convicted of
violating any state law or local ordinance relating to the movement of vehicles
or any permittee who is convicted of violating the conditions endorsed on his or
her permit shall have his or her permit revoked by the department. Any court in
which such conviction is had shall require the permittee to surrender the 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.
(B) Upon receipt of notice from the Division of
Mental Health, Developmental Disabilities, and Addictive Diseases of the
Department of Human Resources that a permittee who is required to complete a
substance abuse treatment program pursuant to Code Section 40-5-63.1 enrolled in
but failed to attend or complete such program as scheduled, the department shall
revoke such person?s limited driving permit and, by regular mail to his or her
last known address, notify such person of such revocation. Such notice of
revocation shall inform the person 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.
(C) Upon receipt
of notice from a provider center for ignition interlock devices that an ignition
interlock device which a permittee is required to use has been tampered with or
the permittee has failed to report for monitoring of such device as required by
law, the department shall revoke such permittee?s limited driving permit and, by
regular mail to his or her last known address, notify such person of such
revocation. Such notice of revocation shall inform the person 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.
(2) 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 subparagraph (A) of 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.
(h) 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.
(i) Rules and regulations. The
commissioner may promulgate such rules and regulations as are necessary to
implement this Code section.
(j) Penalty. Any
permittee who operates a motor vehicle in violation of any condition specified
on the permit shall be guilty of a misdemeanor.
40-5-65.
[
Index ]
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.
[
Index ]
(a)
Except as provided in subsection (h) of Code Section 40-5-67.1 and subsection
(h) of Code Section 40-5-64, 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 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.
(b) 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.
[
Index ]
(a) 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.
(b)
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 30 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 30 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.
This temporary driving permit 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 the 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 the temporary permit may be delayed.
(c)(1) 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.
(2) 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.
[
Index ]
(a) 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.
(b) 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:
(1) Implied consent notice for suspects under age 21:
'Georgia law requires you to submit 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 the required 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
required 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 tests) under the implied
consent law?'
(2) Implied consent notice for suspects
age 21 or over:
'Georgia law requires you to submit 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 the required 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
required 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 tests) under the implied
consent law?'
(3) Implied consent notice for
commercial motor vehicle driver suspects:
'Georgia law
requires you to submit 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 the required 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 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 required 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 tests) under the implied consent law?'
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, 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.
(c) 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 sworn 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 sworn 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.
(d)
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 sworn 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.
(e) 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.
(f)(1) 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 30 day temporary 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 sworn report required by subsection (c) or (d) of
this Code section within ten calendar days after the date of the arrest of such
person. This paragraph shall not apply to any person issued a 180 day temporary
permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the
officer to transmit the sworn report required by this Code section within ten
calendar 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.
(2) If notice has not been given by the
arresting officer, the department, upon receipt of the sworn 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.
(g)(1) A person
whose driver?s license is suspended or who is disqualified from operating a
commercial motor vehicle pursuant to this Code section shall request, in
writing, a hearing within ten business 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. 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.
(2) The scope of the hearing shall be limited to the
following issues:
(A) 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
(B) Whether the person was
involved in a motor vehicle accident or collision resulting in serious injury or
fatality; and
(C) 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
(D) Whether the person refused the test;
or
(E) 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
(F) 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.
(3) 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 ten business days specified above, 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 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 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.
(4) 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.
(h) 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.
(i) 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:
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
(j)
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.
40-5-67.2.
[
Index ]
(a) 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:
(1) 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 approved by the Department of Human Resources and
pays a restoration fee of $210.00 or $200.00 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 approved by the
Department of Human Resources and pays the prescribed restoration fee.
(2) 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 approved by the
Department of Human Resources and pays a restoration fee of $210.00 or $200.00
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 approved by the Department of Human Resources and pays the prescribed
restoration fee.
(3) 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 approved by the Department of Human Resources
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.
(b) 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.
(c) 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.
(d) 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 as provided in Code
Section 40-5-64.
40-5-68.
Reserved.
40-5-69.
[
Index ]
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.
[
Index ]
(a) 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 $60.00 or
$50.00 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 will 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 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.
(b) 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.
(c) 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.
(d) 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.
[
Index ]
(a) As used in this Code section, the term:
(1) 'Commercial vehicle policy' means a policy of
motor vehicle liability insurance insuring a motor vehicle that is rated or
insured as a business use or commercial use vehicle or is licensed by the state
as a commercial vehicle.
(2) 'Fleet policy' means a
commercial vehicle policy that insures two or more vehicles that are not
identified individually by vehicle identification number on the policy or a
commercial policy that is subject to adjustment by audit for vehicle changes at
the end of the policy period.
(3) 'Owner' shall have
the same meaning given in paragraph (.2) of subsection (a) of Code Section
40-2-21.
(4) 'Terminate' or 'termination' means
actual cessation of insurance coverage for any reason, including without
limitation cancellation, nonrenewal, or nonpayment of premium, and without
regard to whether such cessation was preceded by any extension or grace period
allowed by the insurer.
(b)(1)(A) For purposes of
aiding in the enforcement of the requirement of minimum motor vehicle liability
insurance, any insurer issuing or renewing in this state any policy of motor
vehicle liability insurance required by Chapter 34 of Title 33 other than a
fleet policy shall within 30 days after the date the insurance agent binds the
coverage or on the date such coverage was renewed, whichever is applicable,
provide notice of such insurance coverage by electronic transmission to the
department; except that once coverage data has been electronically transmitted
to the department, there shall be no requirement to report on subsequent
renewals of that coverage. Insurance coverage information included in such
notice of issue or renewal shall be limited exclusively to name of insurer;
vehicle identification number; the make and year of the insured motor vehicle;
and policy effective date. The department shall not require the policy limits to
be disclosed for purposes of this subparagraph. For the purposes of this Code
section, the vehicle identification number shall be the vehicle identification
number as that number is shown in the records of the department. For the
purposes of this Code section, the Commissioner of Insurance shall furnish such
notices to the department upon issuance of a certificate of self-insurance.
(B) In cases in which the minimum motor vehicle
insurance coverage required by Chapter 34 of Title 33 terminates, the insurer
shall by electronic transmission notify the department of such coverage
termination on or before the date coverage ends or, if termination is at the
request of the insured, then on the date such request is processed by the
insurer. Insurance coverage termination information included in such notice
shall include vehicle identification number and the date of coverage
termination. For the purposes of this Code section, the Commissioner of
Insurance shall furnish such notices to the department upon termination of a
certificate of self-insurance.
(C) The commissioner
shall notify the Commissioner of Insurance quarterly of any and all violations
of the notice requirements of this paragraph by any insurer, and the
Commissioner of Insurance may take appropriate action against such insurer the
same as is authorized by Code Section 33-2-24 for violations of Title 33;
provided, however, that there shall be no private cause of action against an
insurer or the department for civil damages for providing information, failing
to provide information, or erroneously providing information pursuant to this
Code section. No insurer shall utilize the costs of any audit or examination
conducted by the Insurance Department pursuant to this paragraph as a cost of
business in the insurer?s rate base. The department shall commence the reports
provided for in this Code section beginning January 1, 2004.
(D) The reports required of insurers and the
Commissioner of Insurance shall not apply to any vehicle for which the vehicle
coverage is provided by a fleet policy.
(2) The
department shall prescribe the form and manner of electronic transmission for
the purposes of insurers sending the notices required by this Code section which
shall in no way be construed as modifying the provisions of Code Section
33-24-45.
(3) Notwithstanding the provisions of
paragraph (1) of this subsection, any irregularities in the notice to the
department required by paragraph (1) of this subsection shall not invalidate an
otherwise valid termination.
(4) The minimum
liability insurance records which the department is required to maintain under
this Code section or any other provision are exempt from the provisions of any
law of this state requiring that such records be open for public inspection;
provided, however, that the records of any particular motor vehicle may be
available for inspection by any law enforcement officer for official law
enforcement investigations, the insurer of record, and the owner of the vehicle
in the manner prescribed by the commissioner.
(c) The
commissioner may promulgate such rules and regulations as are necessary to
implement this Code section.
(d)(1) The department
shall monitor the reporting of the issuance of new and renewal policies and
termination of coverage by insurers.
(2) A match is
based upon the vehicle identification number as recorded on the department?s
motor vehicle records. When the vehicle identification number does not match the
department?s motor vehicle records, the department shall notify the insurer and
the insurer shall, within 30 days from receipt of the returned error, correct
the vehicle identification number and resubmit the transaction. After receipt of
the department?s notice, if the insurer determines that the vehicle
identification number that it submitted to the department is in fact the
accurate number on the insured vehicle, then the insurer shall so notify the
department and the owner of the vehicle, whereupon the owner shall, in
accordance with department procedures, obtain a correction of such number at the
appropriate county tag office.
40-5-72.
[
Index ]
(a) 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 40-5-71 immediately
upon suspension and demand of the department to forward such items to the
department.
(b) 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.
(c) 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 40-5-71 or
this Code section shall begin upon the date of conviction adjudicated by the
court having jurisdiction.
(d) 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.
[
Index ]
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.
[
Index ]
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.
40-5-75.
[
Index ]
(a) The
driver´s license of any person convicted of possession, distribution,
manufacture, cultivation, sale, transfer of, the attempt or conspiracy to
possess, distribute, manufacture, cultivate, sell, or transfer a controlled
substance or marijuana, or driving or being in actual physical control of any
moving vehicle while under the influence of such a substance in violation of
subsection (b) of Code Section 40-5-2, subsection (a), (b), or (j) of Code
Section 40-5-30, or Code Section 40-5-33; paragraph (2), (4), or (6) of
subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction
shall by operation of law be suspended and such suspension shall be subject to
the following terms and conditions:
(1) 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
approved by the Department of Human Resources and pays to the Department of
Motor Vehicle Safety a restoration fee of $210.00 or $200.00 when such
reinstatement is processed by mail. For purposes of this paragraph, a plea of
nolo contendere by a person to a charge of any drug related offense listed in
this subsection shall, except as provided in subsection (c) of this Code
section, constitute a conviction;
(2) 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 approved by the Department of Human Resources and paying to
the Department of Motor Vehicle Safety a restoration fee of $210.00 or $200.00
when such reinstatement is processed by mail. For purposes of this paragraph, a
plea of nolo contendere and all previous pleas of nolo contendere within such
five-year period of time shall constitute a conviction;
and
(3) 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´s license shall be suspended for a
period of five years. At the end of two years, the person may apply to the
department for a three-year driving permit upon compliance with the following
conditions:
(A) Such person has not been convicted or
pleaded nolo contendere to any drug related offense, including driving under the
influence, for a period of two years immediately preceding the application for
such permit;
(B) Such person submits proof of
completion of a licensed drug treatment program. Such proof shall be submitted
within two years of the license suspension and prior to the issuance of the
permit. Such licensed drug treatment program shall be paid for by the offender.
The offender must pay a permit fee of $25.00 to the department;
(C) Such person submits proof of financial
responsibility as provided in Chapter 9 of this title;
and
(D) Refusal to issue such permit would cause
extreme hardship to the applicant. For the purposes of this subparagraph, the
term 'extreme hardship' means that the applicant cannot reasonably obtain other
transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his or her place of employment or
performing the normal duties of his or her occupation;
(ii) Receiving scheduled medical care or obtaining
prescription drugs;
(iii) Attending a college or
school at which he or she is regularly enrolled as a student;
or
(iv) 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.
(b) Whenever a person is
convicted of possession, distribution, manufacture, cultivation, sale, transfer
of, the attempt or conspiracy to possess, distribute, manufacture, cultivate,
sell, or transfer a controlled substance or marijuana, or driving or being in
actual physical control of any moving vehicle while under the influence of such
substance in violation of subsection (b) of Code Section 40-5-2, subsection
(a), (b), or (j) of Code Section 40-5-30, or Code Section 40-5-33; paragraph
(2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the 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 begin on the date of such
person´s conviction for the offense resulting in such suspension; provided,
however, that, effective July 1, 1994, if, at the time of conviction of any
offense listed in subsection (a) of this Code section, the person does not have
a driver´s license or the person´s driver´s license has been
previously suspended, the periods of suspension specified by this Code section
shall not commence until the person applies for the issuance or reinstatement of
a driver´s license.
(c)(1) The decision to
accept a plea of nolo contendere to a misdemeanor charge of unlawful possession
of less than one ounce of marijuana shall be at the sole discretion of the
judge. If a plea of nolo contendere is accepted as provided in this subsection,
the judge shall, as a part of the disposition of the case, order the defendant
to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program. The
order shall stipulate that the defendant shall complete such program within 120
days and that the defendant shall submit evidence of such completion to the
department. The judge shall also notify the defendant that, if he or she fails
to complete such program by the date specified in the court´s order, his or
her driver´s license shall be suspended, by operation of law, as provided
in this Code section. The record of the disposition of the case shall be
forwarded to the department.
(2) If a plea of nolo
contendere is accepted and the defendant´s driver´s license has not
been suspended under any other provision of this title and if the defendant has
not been convicted of or has not had a plea of nolo contendere accepted to a
charge of violating this Code section within the previous five years, the court
shall, subject to paragraph (1) of this subsection, return the driver´s
license to the person; otherwise, such driver´s license shall be forwarded
to the department.
(d) 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 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.
(e) Notwithstanding any other
provision of this Code section or any other provision of this chapter, any
person whose license is suspended pursuant to this Code section shall not be
eligible for early reinstatement of his license and shall not be eligible for a
limited driving permit, but such person´s license shall be reinstated only
as provided in this Code section.
(f) 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.
(g)
Notwithstanding the provisions of Code Section 15-11-72 and except as provided
in subsection (c) of this Code section, an adjudication of a minor child as a
delinquent child or an unruly child for any offense listed in subsection (a) of
this Code section shall be deemed a conviction for purposes of this Code
section.
(h) Notwithstanding the provisions of
subsection (a) of this Code section, 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 approved
by the Department of Human Resources or an assessment and intervention program
approved by the juvenile court.
40-5-80.
[
Index ]
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 Motor Vehicle Safety and the
Department of Human Resources, as applicable, shall:
(1) 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 of motor vehicle
safety and shall, as best as the commissioner shall determine, approximate the
expense incurred by the Department of Motor Vehicle Safety 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
(2) Require, in addition to the
criteria for approval of driver improvement clinics established by the
commissioner of motor vehicle safety and DUI Alcohol or Drug Use Risk Reduction
Programs established by the Department of Human Resources, 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, 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 of Motor Vehicle Safety or the Department of
Human Resources, as applicable, and written by a company authorized to do
business in this state. The principal sum of the bond shall be established by
the commissioner of motor vehicle safety or the Board of Human Resources, as
applicable; however, in no event shall this amount be less than $2,500.00 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 clinic or program shall be deemed suspended by operation of
law until a valid surety company bond is again in force.
40-5-81.
[
Index ]
(a) Any driver
improvement program to which attendance is required by court order shall conform
to the requirements of this article.
(b) 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 or DUI Alcohol or Drug Use Risk Reduction Program
certified under this article; and no judicial officer, probation 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, probation 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
certified driver improvement clinics or DUI Alcohol or Drug Use Risk Reduction
Programs.
(c) 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 of Motor Vehicle
Safety or the Department of Human Resources to directly or indirectly solicit
business by personal solicitation on public property, by phone or mail. A
violation of this subsection shall be a misdemeanor. Advertising in any mass
media, including, but not limited to, newspapers, radio, television, magazines,
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.
40-5-82.
[
Index ]
(a)
The Driver Improvement Program created by this article shall be administered by
the commissioner of motor vehicle safety. The commissioner is authorized to
promulgate and adopt rules and regulations necessary to carry out this article.
(b) 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.
(c) The Department of Human Resources is designated
as the agency responsible for the approval and 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.
(d)
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
Human Resources and the Department of Motor Vehicle Safety.
(e) The Department of Human Resources shall conduct a
records check for any applicant for certification as an operator or instructor
of a DUI Alcohol or Drug Use Risk Reduction Program. Each applicant shall submit
two sets of classifiable fingerprints to the department. The department shall
transmit both sets of fingerprints to the Georgia Crime Information Center,
which shall submit one set of fingerprints to the Federal Bureau of
Investigation for a search of bureau records and an appropriate report and shall
retain one set and promptly conduct a search of state records. 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.
40-5-83.
[
Index ]
(a)(1) The commissioner of motor vehicle safety shall
establish criteria for the approval of driver improvement clinics. To be
approved, a clinic shall provide and operate either a defensive driving course,
an advanced defensive driving course, or a professional defensive driving course
or any combination thereof. 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 courses, qualifications of
instructors, attendance requirements for students, and examinations. Approved
clinics shall charge a fee of $75.00 for a defensive driving course, an advanced
defensive driving course, or a professional 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,
corporation, association, civic group, club, county, municipality, board of
education, school, or college.
(1.1)(A) 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.
(B) 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.
(2) The commissioner may issue a special license to
the instructor of any commercial driver training school authorizing such
instructor to teach a defensive driving course, advanced defensive driving
course, or professional defensive driving course of a driver improvement clinic
provided pursuant to this Code section if such instructor is qualified to teach
a teen-age driver education course which consists of a minimum of 30 hours of
classroom and six hours of behind-the-wheel training and such instructor
certifies to the commissioner that he or she has provided at least 250 hours of
behind-the-wheel training in a teen-age driver education course.
(b)(1) 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.
(2) 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.
(3) 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 of Human Resources as
substantially conforming, with respect to course content, with the standards and
requirements promulgated by the Department of Human Resources 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 of Human Resources
may be accepted only for the purpose of permitting persons who are not residents
of the State of Georgia to reinstate nonresident operating privileges.
(c) 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 the instructor of any commercial 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 teen-age driver education 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 teen-age driver education course. Any text
or workbook provided or required by the Department of Public Safety 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.
(d) Notwithstanding the provisions of any law or rule
or regulation which prohibits any individual who is a probation officer or other
official or employee of the probation division of the Department of Corrections
or a spouse of such individual from owning, operating, instructing at, or being
employed by a driver improvement clinic, any individual who is a probation
officer or other official or employee of the probation division of the
Department of Corrections or a spouse of such individual who owns, operates,
instructs at, or is employed by a driver improvement clinic on June 1, 1985, and
who in all respects is and remains qualified to own, operate, instruct at, or be
employed by a driver improvement clinic is expressly authorized to continue on
and after June 1, 1985, 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.
(e) The
Department of Human Resources is designated as the agency responsible for
establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction
Programs. An applicant must meet the certification criteria promulgated by the
Department of Human Resources through its standards and must provide the
following services: (1) the assessment component and (2) the intervention
component. The Department of Human Resources 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. Approved DUI Alcohol or
Drug Use Risk Reduction Programs shall charge a fee of $75.00 for the assessment
component and $190.00 for the intervention component. An additional fee for
required student program materials shall be established by the Department of
Human Resources 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 approved unless such clinic agrees in writing to submit reports as required
in the rules and regulations of the Department of Human Resources 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 of Human
Resources 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 currently in existence 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
to said community. The Department of Corrections is 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 Human Resources. 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 will be approved unless such
clinic agrees in writing to pay to the state, for the costs of administration, a
fee of $15.00, for each offender assessed or each offender attending for points
reduction, provided that nothing in this Code section shall be construed so as
to allow the Department of Human Resources to retain any funds required by the
Constitution of Georgia to be paid into the state treasury; and provided,
further, that the Department of Human Resources 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.
40-5-83.1.
Repealed.
40-5-84.
[
Index ]
(a) 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.
(b) 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 an advanced
defensive driving course and the payment of a restoration fee of $210.00 or
$200.00 when such reinstatement is processed by mail.
(c) The license of any person whose license is
suspended for the first time 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.
(d) The license of any person whose license is
suspended for the second time 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 advanced
defensive driving course and the payment of a restoration fee of $210.00 or
$200.00 when such reinstatement is processed by mail.
40-5-85.
[
Index ]
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.
40-5-85.2.
Repealed.
40-5-86.
[
Index ]
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 an
approved defensive driving course 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.
[
Index ]
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.
[
Index ]
(a) As an alternative to criminal or other civil
enforcement, the commissioner of motor vehicle safety or the commissioner of
human resources, whichever is applicable, 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 that 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.
(b) 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 either the commissioner of
motor vehicle safety or the commissioner of human resources 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 motor vehicle safety or the commissioner of human resources, as
appropriate, 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 such
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.
40-5-100.
[
Index ]
(a) The department shall issue personal
identification cards to all residents as defined in Code Section 40-5-1 who make
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 and
may contain a recent color photograph of the applicant and include the following
information:
(1) Full legal name;
(2) Address of residence;
(3) Birth date;
(4) Date
identification card was issued;
(5) Sex;
(6) Height;
(7) Weight;
(8) Eye color;
(9)
Location where the identification card was issued;
(10) Signature of person identified or facsimile
thereof;
(11) Fingerprint of the person identified;
and
(12) Such other information or identification as
required by the department.
(b) The identification
card shall be valid for four years and 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, unless the person
specifically requests that the social security number be used, or, in the case
of an individual who is not a citizen of the United States, the passport number
of the person identified or any number the department deems necessary to
implement this Code section.
(c) 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
resident of this state who possesses a driver´s license from also
possessing an identification card issued under this article. Each applicant for
an identification card shall surrender any identification card or driver´s
license previously issued by any other state and any identification card
previously issued by this state. Willful failure to surrender any such previous
driver´s license or personal identification card upon application for a new
personal identification card will be considered an act of fraud and upon
conviction, be punished as provided for in Code Section 40-5-125.
40-5-101.
[
Index ]
The
commissioner shall promulgate rules and regulations under which this article
shall be implemented and administered.
40-5-102.
[
Index ]
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.
[
Index ]
(a) Except as provided in subsections (b) and (c) of
this Code section, the department shall collect a fee of $10.00 for the
identification card, which fee shall be deposited in the state treasury in the
same manner as other motor vehicle driver´s license fees.
(b) 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.
(c) The department shall not be authorized to collect
a fee for an identification card from those persons who are entitled to a free
veterans´ driver´s license under the provisions of Code Section
40-5-36.
40-5-104.
[
Index ]
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 40-10-20.
40-5-105.
[
Index ]
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.
40-5-120.
[
Index ]
It is a
misdemeanor for any person to:
(1) 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;
(2) 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;
(3) 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; or
(4) 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.
40-5-121.
[
Index ]
(a) 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 at a time when his privilege to do so 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, 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. For the second 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 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.
(b)(1) The charge
of driving with a suspended or disqualified license shall not be made where the
suspension is a result of a failure to respond under Code Section 40-5-56 or an
insurance cancellation unless the arresting officer has verified a service date
and such date is placed on the uniform citation. If the suspension or
disqualification is verified and the driver possesses a driver´s license,
the license shall be confiscated and mailed to the department. If the suspension
or disqualification is not verified, the arresting officer shall serve the
driver and attach the driver´s license, if available, to the copy of
service and send it to the department.
(2) 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, shall extend the period of suspension
or disqualification for six months. 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.
(c) For purposes of pleading nolo contendere, only
one nolo contendere plea will be accepted to a charge of driving with 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.
(d) 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
provided for in this Code section upon a conviction of violating this Code
section or upon conviction of violating any ordinance adopting the provisions of
this Code section.
40-5-122.
[
Index ]
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.
[
Index ]
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.
[
Index ]
(a) 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 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.
(b) 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.
[
Index ]
(a) It is a misdemeanor for any person to:
(1) Lend his or her driver´s license or
identification card to any other person or permit knowingly the use thereof by
another person; or
(2) Display or represent as his or
her own any driver´s license or identification card not issued to him or
her.
(b) Any person who knowingly makes any false
statement in an application for a driver´s license provided for by this
chapter shall be guilty of a violation of Code Section
40-10-20.
40-5-140.
[
Index ]
This
article shall be known and may be cited as the 'Uniform Commercial Driver´s
License Act.'
40-5-141.
[
Index ]
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.
[
Index ]
As used in this article, the term:
(1) 'Alcohol' means:
(A)
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;
(B) Wine of not less
than one-half of 1 percent of alcohol by volume;
(C)
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
(D)
Any substance containing any form of alcohol, including, but not limited to,
ethanol, methanol, propanol, and isopropanol.
(2)
'Alcohol concentration' means:
(A) The number of
grams of alcohol per 100 milliliters of blood;
(B)
The number of grams of alcohol per 210 liters of breath;
or
(C) The number of grams of alcohol per 67
milliliters of urine.
(3) 'Commerce' means:
(A) 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
(B) Trade, traffic, and
transportation in the United States which affects any trade, traffic, and
transportation described in subparagraph (A) of this paragraph.
(4) '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.
(5) 'Commercial driver?s instruction permit' means a
permit issued pursuant to subsection (c) of Code Section 40-5-147.
(6) '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.
(7) 'Commercial motor vehicle' means a motor
vehicle designed or used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating
of 26,001 or more pounds or such lesser rating as determined by federal
regulation;
(B) If the vehicle is designed to
transport 16 or more passengers, including the driver;
or
(C) If the vehicle is transporting hazardous
materials 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;
provided, however, that
for the purposes of this article, no agricultural vehicle, military vehicle
operated by military personnel, recreational vehicle, or fire-fighting or
emergency equipment vehicle shall be considered a commercial vehicle. As used in
this paragraph, the term 'agricultural vehicle' means a farm vehicle which is
controlled and operated by a farmer; 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 Highway
Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68,
of the United States Department of Transportation shall supersede state law in
authorizing the Department of Motor Vehicle Safety to exempt said classes.
(8) 'Controlled substance' means any substance so
defined under Code Section 40-5-21 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.
(9) 'Conviction' means a 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, a finding of guilt, or the
payment of a fine or court cost, regardless of whether the penalty is rebated,
suspended, or probated.
(10) 'Disqualification' means
any of the following:
(A) The suspension, revocation,
or cancellation of a commercial driver?s license by any state or jurisdiction of
issuance;
(B) 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
(C) A determination by the Federal
Motor Carrier Safety Administration that a person is not qualified to operate a
commercial motor vehicle.
(11) '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.
(12) '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.
(13) '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 commercial vehicle while under the influence of alcohol' means
committing any one or more of the following acts while a person is driving or in
actual physical control of a moving commercial motor vehicle:
(A) Driving while the person?s alcohol concentration
is 0.04 percent or more by weight of alcohol in his or her blood, breath, or
urine;
(B) Driving under the influence of alcohol, as
prescribed by Code Section 40-6-391; or
(C) Refusal to
submit to state-administered chemical testing when requested to do so by a law
enforcement officer.
(14) '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.
(15) '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.
(16) 'Foreign
jurisdiction' means any jurisdiction other than a state of the United States.
(17) '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.
(18) 'Hazardous materials' has the meaning the term
has under 49 U.S.C.A. Section 5101, et seq.
(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.
(19) '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.
(20) 'Nonresident commercial driver?s license' means
a commercial driver?s license issued by a state to any individual who resides in
a foreign jurisdiction.
(21) '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.
(22) 'Serious traffic violation' means:
(A) Speeding 15 or more miles per hour above the
posted speed limit;
(B) Reckless driving, as defined
under state or local law;
(C) Following another
vehicle too closely, as defined under state or local law;
(D) Improper or erratic lane change which presents a
risk to any other vehicle, but not including failure to signal a lane change;
(E) 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;
(F) A railroad grade crossing violation
as defined under state law or local ordinance;
(G)
Driving a commercial motor vehicle without obtaining a commercial driver?s
license;
(H) Driving a commercial motor vehicle
without a valid commercial driver?s license in the driver?s immediate
possession; or
(I) Driving a commercial motor vehicle
without a commercial driver?s license of the proper class and/or endorsements
for the specific vehicle being operated or for the passengers or type of cargo
transported.
(23) 'State' means a state of the United
States and the District of Columbia.
(24) '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.
(25) 'United States'
means the 50 states and the District of Columbia.
40-5-143.
[
Index ]
No person who
drives a commercial motor vehicle shall have more than one driver´s
license.
40-5-144.
[
Index ]
(a)
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.
(b)
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.
(c) 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.
(d) 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:
(1) 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;
(2) The dates between which the applicant drove for
each employer; and
(3) 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.
[
Index ]
(a) Each employer shall require every commercial
motor vehicle driver applicant to provide the information specified in
subsection (d) of Code Section 40-5-144.
(b) No
employer may knowingly allow, require, permit, or authorize a driver to drive a
commercial motor vehicle during any period:
(1) 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;
(2) In which the driver has more than one driver?s
license;
(3) 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
(4) In
violation of a federal, state, or local law or regulation pertaining to
railroad-highway grade crossings.
40-5-146.
[
Index ]
(a) 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.
(b) No person may drive a commercial
motor vehicle while his or her driving privilege is suspended, revoked, or
canceled, while subject to a disqualification, or in violation of an out of
service order.
40-5-147.
[
Index ]
(a)(1) Except as provided in Code Section 40-5-148,
no person may be issued a commercial driver´s license unless that person is
a resident of this state, is at least 18 years of age, 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. The tests shall be prescribed and conducted by the department in
English only.
(2) The department may authorize a
person, including an agency of this or another state, an employer, a private
driver training facility, or other private institution or a department, agency,
or instrumentality of a local government, to administer the skills test
specified by this Code section, provided that:
(A)
The test is the same which would otherwise be administered by the state;
(B) 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; and
(C) The third party complies with all
other requirements set by the department by regulations.
(b) 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.
(c)(1) 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.
(2) An applicant for
the commercial driver´s instruction permit must pass the vision test and
all knowledge tests for the type of vehicle he intends to operate along with any
knowledge test required for any desired endorsements.
(3) The commercial driver´s instruction permit
may not be issued for a period to exceed one year. 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 type of vehicle driven who occupies a seat beside the
individual for the purpose of giving instruction in driving the commercial motor
vehicle.
(d) A commercial driver´s license or
commercial driver´s instruction permit may 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 license
or licenses shall be returned to the issuing state or states for cancellation.
40-5-148.
[
Index ]
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.
[
Index ]
(a)
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.
(b) 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.
(c) 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.
(d) 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.
(e) The department shall promulgate rules and
regulations as necessary to implement this Code section by September 1, 1993.
40-5-149.
[
Index ]
(a) The
application for a commercial driver´s license or commercial driver´s
instruction permit shall include the following:
(1)
The full name and current mailing and residential address of the person;
(2) A physical description of the person including
sex, height, weight, and eye color;
(3) Full date of
birth;
(4) Reserved;
(5)
The person´s signature;
(6) The person´s
current photograph;
(7) Certifications, including
those required by 49 C.F.R. Part 383.71(a);
(8) Any
other information required by the department; and
(9)
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.
(b) 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.
(c) 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.
(d) 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.
[
Index ]
(a) 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:
(1) The name and residential address of the person;
(2) The person?s color photograph;
(3) A physical description of the person, including
sex, height, weight, and eye color;
(4) Full date of
birth;
(5) The person?s social security number if
such person has requested the use of such social security number on such license
or another number or identifier deemed appropriate by the department;
(6) The person?s signature;
(7) The class or type of commercial motor vehicle or
vehicles which the person is authorized to drive, together with any endorsements
or restrictions;
(8) The name of this state;
(9) The dates between which the license is valid;
and
(10) The license fee and fees for any
endorsements.
(b) Commercial driver?s licenses may be
issued with the following classifications:
(1) 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;
(2) 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;
(3) Class C — Any single vehicle with a gross
vehicle weight rating of less than 26,001 pounds or any such vehicle towing a
vehicle with a gross vehicle weight rating not in excess of 10,000 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;
(4) Class M — A motorcycle
as defined in Code Section 40-1-1; and
(5) Class P
— A commercial driver?s instruction permit used in conjunction with the
commercial driver?s instruction permit vehicle classification.
(c) Commercial driver?s licenses may be issued with
the following endorsements and restrictions:
(1) 'H'
— Authorizes the driver to drive a vehicle transporting hazardous
materials;
(2) 'L' — Restricts the driver to
vehicles not equipped with air brakes;
(3) 'T'
— Authorizes driving double and triple trailers;
(4) 'P' — Authorizes driving vehicles carrying
16 or more passengers, including the driver, but does not authorize the driver
to drive a school bus;
(5) 'N' — Authorizes
driving tank vehicles;
(5.1) 'S' — Authorizes
the driver to drive a school bus; and
(6) '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.
(d) 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.
(e) 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.
(f) 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.
(g) The commercial
driver?s license shall expire on the licensee?s birthdate in the fourth year
following the issuance of such license.
(h) 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.
40-5-151.
[
Index ]
(a) Any
person is disqualified from driving a commercial motor vehicle for a period of
not less than one year:
(1) If convicted of a first
violation of:
(A) Any offense specified in Code
Section 40-5-54 that occurs while the person is driving or being in actual
physical control of a moving commercial motor vehicle or a moving noncommercial
vehicle;
(B) Driving or being in actual physical
control of a moving commercial motor vehicle while there is 0.04 percent or more
by weight of alcohol in his or her blood, breath, or urine;
or
(C) Driving or being in actual physical control of
a moving noncommercial vehicle in violation of Code Section 40-6-391;
or
(2) For refusal to submit to a test as prescribed
in Code Section 40-5-55 to determine the driver?s alcohol concentration while
driving a commercial motor vehicle or a noncommercial motor vehicle.
(b) Any person is disqualified from driving a
commercial motor vehicle for a period of not less than three years if convicted
of a first violation of using a commercial motor vehicle in the commission of a
felony or for offenses specified in paragraph (1) of subsection (a) of this Code
section, 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 Material
Transportation Act.
(c) Any person is disqualified
from driving a commercial motor vehicle for life if convicted of two or more
violations of any of the offenses specified in subsection (a) of Code Section
40-5-54 or Code Section 40-6-391, the refusal to submit to state-administered
chemical testing as prescribed by Code Section 40-5-55, or any combination of
those offenses or refusals, arising from two or more separate incidents.
(d) 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.
(e)
Any person is disqualified from driving a commercial motor vehicle for life who
knowingly uses a commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a controlled
substance, or possession with intent to manufacture, distribute, or dispense a
controlled substance.
(f)(1) Except as otherwise
provided by paragraph (2) of this subsection, 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 or 120 days if convicted of three
serious traffic violations committed in a commercial motor vehicle or a
noncommercial motor vehicle arising from separate incidents occurring within a
three-year period as measured from the dates of arrests for which convictions
were obtained.
(2) If the serious traffic violation
committed in a commercial motor vehicle is a railroad grade crossing violation,
the person shall be disqualified from driving a commercial motor vehicle for a
period of not less than 60 days upon the first conviction within a three-year
period as measured from the dates of arrests for which convictions were
obtained, for not less than 120 days if convicted of two railroad grade crossing
violations arising from separate incidents within a three-year period as
measured from the dates of arrests for which convictions were obtained, or for
not less than one year if convicted of three railroad grade crossing violations
arising from separate incidents within a three-year period as measured from the
dates of arrests for which convictions were obtained.
(g)(1) Any person is disqualified from driving a
commercial motor vehicle based on the following violations of out-of-service
orders:
(A) 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 90 days and not more than one year;
(B) 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 one year and not more than five
years; and
(C) 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.
(2) 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.
(h)
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.
40-5-152.
[
Index ]
(a)
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.
(b) 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.
[
Index ]
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
[
Index ]
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.
[
Index ]
Notwithstanding any other provision of law to the
contrary, the department shall furnish full information regarding the driving
record of any person to:
(1) The driver´s
license administrator of any other state or of any province or territory of
Canada requesting that information;
(2) Any employer
or prospective employer upon the request of such employer and the payment of a
fee of not more than $10.00; and
(3) Insurers upon
request and payment of a fee of not more than $10.00.
40-5-156.
[
Index ]
The
commissioner may adopt any rules and regulations necessary to carry out the
provisions of this article.
40-5-157.
[
Index ]
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.
[
Index ]
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.
[
Index ]
(a) 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:
(1) By a civil penalty of $2,500.00 for each offense;
and
(2) By a fine of $5,000.00, imprisonment for not
more than 90 days, or both, for each offense.
(b) 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.
(c) 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. The department shall suspend the commercial
driver?s license or commercial driving privilege of such driver for a period of
six months.
(d) 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 in an amount not to
exceed $10,000.00.
40-5-170.
[
Index ]
As used in this article, the term:
(1) '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.
(2) 'Identification card for
persons with disabilities' means an identification card issued as provided in
this article.
(3) 'Permanent disability' means any
disability which is permanent in nature or which is expected to continue for a
period of at least five years.
(4) 'Person with
disabilities' means any person with a permanent or temporary disability.
(5) 'Temporary disability' means any disability which
is expected to continue for at least six months but less than five years.
40-5-171.
[
Index ]
(a) 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 prominently display the international handicapped symbol
and, in addition to any other information required by this article, may contain
a recent color photograph of the applicant and the following information:
(1) Full legal name;
(2)
Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Date identification card expires;
(6) Sex;
(7) Height;
(8) Weight;
(9) Eye color;
(10) Location where the identification card was
issued;
(11) Signature of person identified or
facsimile thereof;
(12) Fingerprint of person
identified; and
(13) Such other information as
required by the department.
(b) 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, unless the person
specifically requests that the social security number be used, or, in the case
of an individual who is not a citizen of the United States, the passport number
of the person identified or any number the department deems necessary to
implement this Code section.
40-5-172.
[
Index ]
(a) The identification card for persons with
disabilities shall be issued to a person with a permanent disability for a
period of four years and shall be renewable on the applicant´s birthday in
the fourth year following such issuance. Such identification cards shall be
issued to persons:
(1) With obvious permanent
disabilities without further verification of disability;
and
(2) 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.
(b) 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.
40-5-173.
[
Index ]
The face of
the identification card for persons with disabilities shall prominently bear the
words 'URGENT MEDICAL INFORMATION ON REVERSE.' On the reverse side of the
identification card shall be a space within which the issuer of the card shall
enter such medical information as the applicant may request.
40-5-174.
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The face of
the identification card for persons with disabilities shall bear the word
'TRANSPORTATION' with a box or blank space adjacent thereto. The issuer of the
card 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.
40-5-175.
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The identification card for persons with disabilities
shall bear the word 'SEATING' with a box or blank space adjacent thereto. The
issuer of the card 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.
40-5-176.
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The
commissioner shall promulgate rules and regulations under which this article
shall be implemented.
40-5-177.
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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.
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(a) 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.
(b) 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.
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It is a
misdemeanor for any person:
(1) 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
(2)
To display or represent as his or her own any identification card for persons
with disabilities not issued to him or her.