O.C.G.A. § 40-11-19 — GA Code / Title 40 / Chapter 11 / Section 40-11-19
Georgia Code Title 40. Motor Vehicles and Traffic § 40-11-19
Status: in_force

(a)(1) Within 15 calendar days of removal or initial storage of a motor vehicle, a towing and storage firm shall send all owners the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification shall be by certified mail or by hand delivery with acknowledgment of such receipt by signature of the owner and a copy of such owner's driver's license. Such notification letter shall include, at a minimum: (A) The location of the vehicle; (B) The fees connected with the removal of the vehicle, which shall be the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs or the rate specified pursuant to an agreement with a local governing authority, except when otherwise exempted or provided for by federal law, rule, or regulation; (C) The daily fees for storage of the vehicle, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs or the rate specified pursuant to an agreement with a local governing authority; (D) A statement informing the recipient that daily fees will accrue until full payment has been made; (E) A statement informing the recipient that the fees which are recoverable by a towing and storage firm include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest; (F) A statement informing the recipient that the towing and storage firm has the right to petition a court to foreclose a lien for all amounts owed after ten calendar days from the date such notice is sent; (G) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and (H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 . (2) If the identity of the owner cannot be ascertained by the department or the department fails to timely furnish the owner information requested pursuant to Code Section 40-11-15 or 40-11-16 , the towing and storage firm shall, within 60 days of such removal, place an advertisement in a newspaper of general circulation or the legal organ in the county where such vehicle was obtained. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include a space for describing the motor vehicle's year, make, model, and manufacturer's vehicle identification number, the present location of such vehicle, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien. (3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the towing and storage firm shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.

(a)(1) Within 15 calendar days of removal or initial storage of a motor vehicle, a towing and storage firm shall send all owners the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification shall be by certified mail or by hand delivery with acknowledgment of such receipt by signature of the owner and a copy of such owner's driver's license. Such notification letter shall include, at a minimum: (A) The location of the vehicle; (B) The fees connected with the removal of the vehicle, which shall be the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs or the rate specified pursuant to an agreement with a local governing authority, except when otherwise exempted or provided for by federal law, rule, or regulation; (C) The daily fees for storage of the vehicle, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs or the rate specified pursuant to an agreement with a local governing authority; (D) A statement informing the recipient that daily fees will accrue until full payment has been made; (E) A statement informing the recipient that the fees which are recoverable by a towing and storage firm include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest; (F) A statement informing the recipient that the towing and storage firm has the right to petition a court to foreclose a lien for all amounts owed after ten calendar days from the date such notice is sent; (G) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and (H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 .

(a)(1) Within 15 calendar days of removal or initial storage of a motor vehicle, a towing and storage firm shall send all owners the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification shall be by certified mail or by hand delivery with acknowledgment of such receipt by signature of the owner and a copy of such owner's driver's license. Such notification letter shall include, at a minimum:

(A) The location of the vehicle;

(A) The location of the vehicle;

(B) The fees connected with the removal of the vehicle, which shall be the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs or the rate specified pursuant to an agreement with a local governing authority, except when otherwise exempted or provided for by federal law, rule, or regulation;

(B) The fees connected with the removal of the vehicle, which shall be the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs or the rate specified pursuant to an agreement with a local governing authority, except when otherwise exempted or provided for by federal law, rule, or regulation;

(C) The daily fees for storage of the vehicle, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs or the rate specified pursuant to an agreement with a local governing authority;

(C) The daily fees for storage of the vehicle, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs or the rate specified pursuant to an agreement with a local governing authority;

(D) A statement informing the recipient that daily fees will accrue until full payment has been made;

(D) A statement informing the recipient that daily fees will accrue until full payment has been made;

(E) A statement informing the recipient that the fees which are recoverable by a towing and storage firm include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest;

(E) A statement informing the recipient that the fees which are recoverable by a towing and storage firm include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest;

(F) A statement informing the recipient that the towing and storage firm has the right to petition a court to foreclose a lien for all amounts owed after ten calendar days from the date such notice is sent;

(F) A statement informing the recipient that the towing and storage firm has the right to petition a court to foreclose a lien for all amounts owed after ten calendar days from the date such notice is sent;

(G) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and

(G) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and

(H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 .

(H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 .

(2) If the identity of the owner cannot be ascertained by the department or the department fails to timely furnish the owner information requested pursuant to Code Section 40-11-15 or 40-11-16 , the towing and storage firm shall, within 60 days of such removal, place an advertisement in a newspaper of general circulation or the legal organ in the county where such vehicle was obtained. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include a space for describing the motor vehicle's year, make, model, and manufacturer's vehicle identification number, the present location of such vehicle, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien.

(2) If the identity of the owner cannot be ascertained by the department or the department fails to timely furnish the owner information requested pursuant to Code Section 40-11-15 or 40-11-16 , the towing and storage firm shall, within 60 days of such removal, place an advertisement in a newspaper of general circulation or the legal organ in the county where such vehicle was obtained. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include a space for describing the motor vehicle's year, make, model, and manufacturer's vehicle identification number, the present location of such vehicle, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien.

(3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the towing and storage firm shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.

(3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the towing and storage firm shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.

(b)(1) When a motor vehicle has been left with a repair facility for at least 15 days, and no later than 180 days, without payment of amounts owed, the repair facility desiring to file a petition pursuant to Code Section 40-11-19.1 shall send all owners by certified mail the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification letter shall include, at a minimum: (A) The location of the vehicle; (B) The fees owed for the repair of the vehicle; (C) The daily fees for storage of the vehicle after completion of the repairs, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs; (D) A statement informing the recipient that daily fees will accrue until full payment has been made; (E) A statement informing the recipient that the fees which are recoverable by the repair facility include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest; (F) A statement informing the recipient that the repair facility has the right to petition a court to foreclose a lien for all amounts owed in ten calendar days; (G) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and (H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 . (2) If the department fails to timely furnish the information regarding additional owners requested pursuant to Code Section 40-11-16 , the repair facility shall, within 60 days of such failure, place an advertisement in a newspaper of general circulation or the legal organ in the county where the repair facility is located. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include, at a minimum, a space for describing the motor vehicle, its license and manufacturer's vehicle identification numbers, the name of the person who left the vehicle with the repair facility, the present location of such vehicle, any information available relating to an owner, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien. (3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the repair facility shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.

(b)(1) When a motor vehicle has been left with a repair facility for at least 15 days, and no later than 180 days, without payment of amounts owed, the repair facility desiring to file a petition pursuant to Code Section 40-11-19.1 shall send all owners by certified mail the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification letter shall include, at a minimum: (A) The location of the vehicle; (B) The fees owed for the repair of the vehicle; (C) The daily fees for storage of the vehicle after completion of the repairs, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs; (D) A statement informing the recipient that daily fees will accrue until full payment has been made; (E) A statement informing the recipient that the fees which are recoverable by the repair facility include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest; (F) A statement informing the recipient that the repair facility has the right to petition a court to foreclose a lien for all amounts owed in ten calendar days; (G) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and (H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 .

(b)(1) When a motor vehicle has been left with a repair facility for at least 15 days, and no later than 180 days, without payment of amounts owed, the repair facility desiring to file a petition pursuant to Code Section 40-11-19.1 shall send all owners by certified mail the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification letter shall include, at a minimum:

(A) The location of the vehicle;

(A) The location of the vehicle;

(B) The fees owed for the repair of the vehicle;

(B) The fees owed for the repair of the vehicle;

(C) The daily fees for storage of the vehicle after completion of the repairs, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs;

(C) The daily fees for storage of the vehicle after completion of the repairs, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs;

(D) A statement informing the recipient that daily fees will accrue until full payment has been made;

(D) A statement informing the recipient that daily fees will accrue until full payment has been made;

(E) A statement informing the recipient that the fees which are recoverable by the repair facility include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest;

(E) A statement informing the recipient that the fees which are recoverable by the repair facility include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest;

(F) A statement informing the recipient that the repair facility has the right to petition a court to foreclose a lien for all amounts owed in ten calendar days;

(F) A statement informing the recipient that the repair facility has the right to petition a court to foreclose a lien for all amounts owed in ten calendar days;

(G) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and

(G) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and

(H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 .

(H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 .

(2) If the department fails to timely furnish the information regarding additional owners requested pursuant to Code Section 40-11-16 , the repair facility shall, within 60 days of such failure, place an advertisement in a newspaper of general circulation or the legal organ in the county where the repair facility is located. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include, at a minimum, a space for describing the motor vehicle, its license and manufacturer's vehicle identification numbers, the name of the person who left the vehicle with the repair facility, the present location of such vehicle, any information available relating to an owner, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien.

(2) If the department fails to timely furnish the information regarding additional owners requested pursuant to Code Section 40-11-16 , the repair facility shall, within 60 days of such failure, place an advertisement in a newspaper of general circulation or the legal organ in the county where the repair facility is located. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include, at a minimum, a space for describing the motor vehicle, its license and manufacturer's vehicle identification numbers, the name of the person who left the vehicle with the repair facility, the present location of such vehicle, any information available relating to an owner, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien.

(3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the repair facility shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.

(3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the repair facility shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.

(c)(1) When a motor vehicle has been left with a salvage dealer for at least 15 days, and no later than 60 days, after determination by an insurance company to deny the owner's claim has been communicated to the salvage dealer, the salvage dealer desiring to file a petition to foreclose a lien pursuant to Code Section 40-11-19.1 shall send all owners by certified mail the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification letter shall include, at a minimum: (A) The location of the vehicle; (B) The daily fees for storage of the vehicle, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs; (C) A statement informing the recipient that daily fees will accrue until full payment has been made; (D) A statement informing the recipient that the fees which are recoverable by the salvage dealer include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest; (E) A statement informing the recipient that the salvage dealer has the right to petition a court to foreclose a lien for all amounts owed in ten calendar days; (F) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and (G) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 . (2) If the department fails to timely furnish the information regarding additional owners requested pursuant to Code Section 40-11-16 , the salvage dealer shall, within 60 days of the last communication described in paragraph (1) of this subsection, place an advertisement in a newspaper of general circulation or the legal organ in the county where the salvage dealer is located. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include, at a minimum, a space for describing the motor vehicle, its license and manufacturer's vehicle identification numbers, the name of the insurance company from which the vehicle was obtained or which requested the vehicle removal, the present location of such vehicle, any information available relating to an owner, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien. (3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the salvage dealer shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.

(c)(1) When a motor vehicle has been left with a salvage dealer for at least 15 days, and no later than 60 days, after determination by an insurance company to deny the owner's claim has been communicated to the salvage dealer, the salvage dealer desiring to file a petition to foreclose a lien pursuant to Code Section 40-11-19.1 shall send all owners by certified mail the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification letter shall include, at a minimum: (A) The location of the vehicle; (B) The daily fees for storage of the vehicle, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs; (C) A statement informing the recipient that daily fees will accrue until full payment has been made; (D) A statement informing the recipient that the fees which are recoverable by the salvage dealer include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest; (E) A statement informing the recipient that the salvage dealer has the right to petition a court to foreclose a lien for all amounts owed in ten calendar days; (F) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and (G) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 .

(c)(1) When a motor vehicle has been left with a salvage dealer for at least 15 days, and no later than 60 days, after determination by an insurance company to deny the owner's claim has been communicated to the salvage dealer, the salvage dealer desiring to file a petition to foreclose a lien pursuant to Code Section 40-11-19.1 shall send all owners by certified mail the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification letter shall include, at a minimum:

(A) The location of the vehicle;

(A) The location of the vehicle;

(B) The daily fees for storage of the vehicle, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs;

(B) The daily fees for storage of the vehicle, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs;

(C) A statement informing the recipient that daily fees will accrue until full payment has been made;

(C) A statement informing the recipient that daily fees will accrue until full payment has been made;

(D) A statement informing the recipient that the fees which are recoverable by the salvage dealer include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest;

(D) A statement informing the recipient that the fees which are recoverable by the salvage dealer include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest;

(E) A statement informing the recipient that the salvage dealer has the right to petition a court to foreclose a lien for all amounts owed in ten calendar days;

(E) A statement informing the recipient that the salvage dealer has the right to petition a court to foreclose a lien for all amounts owed in ten calendar days;

(F) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and

(F) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and

(G) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 .

(G) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5 .

(2) If the department fails to timely furnish the information regarding additional owners requested pursuant to Code Section 40-11-16 , the salvage dealer shall, within 60 days of the last communication described in paragraph (1) of this subsection, place an advertisement in a newspaper of general circulation or the legal organ in the county where the salvage dealer is located. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include, at a minimum, a space for describing the motor vehicle, its license and manufacturer's vehicle identification numbers, the name of the insurance company from which the vehicle was obtained or which requested the vehicle removal, the present location of such vehicle, any information available relating to an owner, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien.

(2) If the department fails to timely furnish the information regarding additional owners requested pursuant to Code Section 40-11-16 , the salvage dealer shall, within 60 days of the last communication described in paragraph (1) of this subsection, place an advertisement in a newspaper of general circulation or the legal organ in the county where the salvage dealer is located. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include, at a minimum, a space for describing the motor vehicle, its license and manufacturer's vehicle identification numbers, the name of the insurance company from which the vehicle was obtained or which requested the vehicle removal, the present location of such vehicle, any information available relating to an owner, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien.

(3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the salvage dealer shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.

(3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the salvage dealer shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.

(d) Any towing and storage firm, repair facility, or salvage dealer shall have a lien on a motor vehicle located on its property in the amount of any unpaid and incurred fees upon compliance with the notice requirements of this Code section. Fees that have actually been incurred by any towing and storage firm, repair facility, or salvage dealer and which are documented to the court are recoverable under such lien and shall be limited to the following: (1)(A) For a towing and storage firm, the rate specified pursuant to an agreement with a local governing authority if the removal was upon the request of a peace officer, or the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs if the removal was not upon the request of a peace officer, except when otherwise exempted or provided for by federal law, rule, or regulation; or (B) For a repair facility or salvage dealer, the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs; (2)(A) For a towing and storage firm, the daily storage rate specified pursuant to an agreement with a local governing authority if the removal was upon the request of a peace officer, or the maximum allowable daily rate for storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs if the removal was not upon the request of a peace officer, multiplied by the number of days such motor vehicle has been stored to the date any judgment is issued plus 25 days; or (B) For a repair facility or salvage dealer, the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs multiplied by the number of days such motor vehicle has been stored from the date notification required under this Code section was received to the date any judgment is issued plus 25 days; (3) For a repair facility, all outstanding charges or fees for repairs; (4) The cost of obtaining owner information from the department pursuant to this article; (5) The cost of any notification to owners required by this article, including any costs of advertising; (6) The cost to file an action pursuant to Code Section 40-11-19.1 and the cost of the certified order; (7) Attorney's fees, which shall be 15 percent of the total amount of the lien for recoverable fees and shall be awarded for appearance as attorney of record on the matter before the court; and (8) Any prejudgment interest from the date which notification pursuant to this Code section was deemed received at a rate of 4 percent per annum. Any fees listed in this subsection which have been paid to a towing and storage firm, repair facility, or salvage dealer by an owner or any third party shall not be included in a lien.

(d) Any towing and storage firm, repair facility, or salvage dealer shall have a lien on a motor vehicle located on its property in the amount of any unpaid and incurred fees upon compliance with the notice requirements of this Code section. Fees that have actually been incurred by any towing and storage firm, repair facility, or salvage dealer and which are documented to the court are recoverable under such lien and shall be limited to the following:

(1)(A) For a towing and storage firm, the rate specified pursuant to an agreement with a local governing authority if the removal was upon the request of a peace officer, or the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs if the removal was not upon the request of a peace officer, except when otherwise exempted or provided for by federal law, rule, or regulation; or (B) For a repair facility or salvage dealer, the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs;

(1)(A) For a towing and storage firm, the rate specified pursuant to an agreement with a local governing authority if the removal was upon the request of a peace officer, or the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs if the removal was not upon the request of a peace officer, except when otherwise exempted or provided for by federal law, rule, or regulation; or

(1)(A) For a towing and storage firm, the rate specified pursuant to an agreement with a local governing authority if the removal was upon the request of a peace officer, or the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs if the removal was not upon the request of a peace officer, except when otherwise exempted or provided for by federal law, rule, or regulation; or

(B) For a repair facility or salvage dealer, the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs;

(B) For a repair facility or salvage dealer, the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs;

(2)(A) For a towing and storage firm, the daily storage rate specified pursuant to an agreement with a local governing authority if the removal was upon the request of a peace officer, or the maximum allowable daily rate for storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs if the removal was not upon the request of a peace officer, multiplied by the number of days such motor vehicle has been stored to the date any judgment is issued plus 25 days; or (B) For a repair facility or salvage dealer, the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs multiplied by the number of days such motor vehicle has been stored from the date notification required under this Code section was received to the date any judgment is issued plus 25 days;

(2)(A) For a towing and storage firm, the daily storage rate specified pursuant to an agreement with a local governing authority if the removal was upon the request of a peace officer, or the maximum allowable daily rate for storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs if the removal was not upon the request of a peace officer, multiplied by the number of days such motor vehicle has been stored to the date any judgment is issued plus 25 days; or

(2)(A) For a towing and storage firm, the daily storage rate specified pursuant to an agreement with a local governing authority if the removal was upon the request of a peace officer, or the maximum allowable daily rate for storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs if the removal was not upon the request of a peace officer, multiplied by the number of days such motor vehicle has been stored to the date any judgment is issued plus 25 days; or

(B) For a repair facility or salvage dealer, the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs multiplied by the number of days such motor vehicle has been stored from the date notification required under this Code section was received to the date any judgment is issued plus 25 days;

(B) For a repair facility or salvage dealer, the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs multiplied by the number of days such motor vehicle has been stored from the date notification required under this Code section was received to the date any judgment is issued plus 25 days;

(3) For a repair facility, all outstanding charges or fees for repairs;

(3) For a repair facility, all outstanding charges or fees for repairs;

(4) The cost of obtaining owner information from the department pursuant to this article;

(4) The cost of obtaining owner information from the department pursuant to this article;

(5) The cost of any notification to owners required by this article, including any costs of advertising;

(5) The cost of any notification to owners required by this article, including any costs of advertising;

(6) The cost to file an action pursuant to Code Section 40-11-19.1 and the cost of the certified order;

(6) The cost to file an action pursuant to Code Section 40-11-19.1 and the cost of the certified order;

(7) Attorney's fees, which shall be 15 percent of the total amount of the lien for recoverable fees and shall be awarded for appearance as attorney of record on the matter before the court; and

(7) Attorney's fees, which shall be 15 percent of the total amount of the lien for recoverable fees and shall be awarded for appearance as attorney of record on the matter before the court; and

(8) Any prejudgment interest from the date which notification pursuant to this Code section was deemed received at a rate of 4 percent per annum.

(8) Any prejudgment interest from the date which notification pursuant to this Code section was deemed received at a rate of 4 percent per annum.

Any fees listed in this subsection which have been paid to a towing and storage firm, repair facility, or salvage dealer by an owner or any third party shall not be included in a lien.

(e) The receipt of a properly notarized form disclaiming ownership in a motor vehicle shall be filed with the action provided for in Code Section 40-11-19.1 , but shall not be deemed to relieve a towing and storage firm, repair facility, or salvage dealer of any obligation to any other owners of such vehicle under this article. Such form shall be evidence to be considered by the court in any action filed pursuant to Code Section 40-11-19.1 .

(e) The receipt of a properly notarized form disclaiming ownership in a motor vehicle shall be filed with the action provided for in Code Section 40-11-19.1 , but shall not be deemed to relieve a towing and storage firm, repair facility, or salvage dealer of any obligation to any other owners of such vehicle under this article. Such form shall be evidence to be considered by the court in any action filed pursuant to Code Section 40-11-19.1 .

(f) If at any time prior to filing a petition to foreclose a lien pursuant to Code Section 40-11-19.1 , a repair facility receives a demand from an owner pursuant to subsection (b) of Code Section 40-3-54 , such repair facility shall, within 30 days, institute foreclosure proceedings pursuant to such Code section or to Code Section 40-11-19.1 . If upon receipt of such demand a repair facility fails to institute foreclosure proceedings pursuant to either Code section, the lien is forfeited. Receipt of such demand shall relieve the repair facility from the notification requirement set forth in paragraph (1) of subsection (b) of this Code section.

(f) If at any time prior to filing a petition to foreclose a lien pursuant to Code Section 40-11-19.1 , a repair facility receives a demand from an owner pursuant to subsection (b) of Code Section 40-3-54 , such repair facility shall, within 30 days, institute foreclosure proceedings pursuant to such Code section or to Code Section 40-11-19.1 . If upon receipt of such demand a repair facility fails to institute foreclosure proceedings pursuant to either Code section, the lien is forfeited. Receipt of such demand shall relieve the repair facility from the notification requirement set forth in paragraph (1) of subsection (b) of this Code section.
O.C.G.A. § 40-2-111 — GA Code / Title 40 / Chapter 2 / Section 40-2-111
Georgia Code Title 40. Motor Vehicles and Traffic § 40-2-111
Status: in_force

In addition to any other provision of law relating to registration of motor vehicles or fees paid therefor, a person owning or operating a motor truck, as defined in Code Section 40-2-110 , upon the highways of this state, which is not registered in this state, shall apply to the commissioner for a highway use permit for each such motor truck to be so operated. Application shall be made upon a form prescribed by the commissioner and shall set forth such information as the commissioner may require. The application shall be accompanied by a permit fee of not more than $200.00, as determined under the rules and regulations of the commissioner, using a comparison of such fees charged by the state or province of registration of the motor truck, for each motor truck listed in the application. The commissioner shall issue a permit and an identification tag, plate, or decal for each such motor truck, which tag, plate, or decal shall be of such size and design and contain such information as the commissioner shall prescribe. Any such permit and tag, plate, or decal shall be valid for the same period of time as provided by law for license plates issued to motor vehicles in Georgia. Such permits shall be carried in the motor truck and the tag, plate, or decal shall be affixed to the motor truck and at all times be visible and legible.
O.C.G.A. § 40-5-75 — GA Code / Title 40 / Chapter 5 / Section 40-5-75
Georgia Code Title 40. Motor Vehicles and Traffic § 40-5-75
Status: reserved

(a) The driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 , or the equivalent law of any other jurisdiction, shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions: (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 and pays to the department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail; (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 and paying to the department a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail; and (3) Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section 40-5-58 . A driver's license suspension imposed under this paragraph shall run concurrently with and shall be counted toward the fulfillment of any period of revocation imposed directly under Code Sections 40-5-58 and 40-5-62 , provided that such revocation arose from the same act for which the suspension was imposed.

(a) The driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 , or the equivalent law of any other jurisdiction, shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions:

(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 and pays to the department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail;

(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 and pays to the department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail;

(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 and paying to the department a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail; and

(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 and paying to the department a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail; and

(3) Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section 40-5-58 . A driver's license suspension imposed under this paragraph shall run concurrently with and shall be counted toward the fulfillment of any period of revocation imposed directly under Code Sections 40-5-58 and 40-5-62 , provided that such revocation arose from the same act for which the suspension was imposed.

(3) Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section 40-5-58 . A driver's license suspension imposed under this paragraph shall run concurrently with and shall be counted toward the fulfillment of any period of revocation imposed directly under Code Sections 40-5-58 and 40-5-62 , provided that such revocation arose from the same act for which the suspension was imposed.

(b) Except as provided in Code Section 40-5-76 , whenever a person is convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 , or the equivalent law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall be governed by subsection (e) of Code Section 40-5-61 .

(b) Except as provided in Code Section 40-5-76 , whenever a person is convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 , or the equivalent law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall be governed by subsection (e) of Code Section 40-5-61 .

(c) Application for reinstatement of a driver's license under paragraph (1), (2), or (3) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.

(c) Application for reinstatement of a driver's license under paragraph (1), (2), or (3) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.

(d) Reserved.

(d) Reserved.

(e) 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.

(e) 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.

(f) Licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court.

(f) Licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court.

(g)(1)(A) Effective July 1, 2016, the department shall be authorized to reinstate, instanter, a driver's license that was suspended pursuant to this Code section for a violation of Article 2 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver's license has not been previously reinstated. The provisions of this subparagraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 , or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section 40-5-76 . (B) Effective July 1, 2017, the department shall be authorized to reinstate, instanter, a driver's license that was suspended pursuant to this Code section for a violation of Article 1 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver's license has not been previously reinstated. The provisions of this subparagraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 , or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section 40-5-76 . (2) The department shall make a notation of a suspended driver's license that is reinstated pursuant to paragraph (1) of this subsection on a person's driving record, and such information shall be made available in accordance with Code Section 40-5-2 . (3) The driver's license or driving privileges of any person who has a driver's license reinstated in accordance with paragraph (1) of this subsection shall remain subject to any and all applicable disqualifications specified in Article 7 of this chapter. (4) The department may promulgate rules and regulations as are necessary to implement this subsection.

(g)(1)(A) Effective July 1, 2016, the department shall be authorized to reinstate, instanter, a driver's license that was suspended pursuant to this Code section for a violation of Article 2 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver's license has not been previously reinstated. The provisions of this subparagraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 , or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section 40-5-76 . (B) Effective July 1, 2017, the department shall be authorized to reinstate, instanter, a driver's license that was suspended pursuant to this Code section for a violation of Article 1 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver's license has not been previously reinstated. The provisions of this subparagraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 , or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section 40-5-76 .

(g)(1)(A) Effective July 1, 2016, the department shall be authorized to reinstate, instanter, a driver's license that was suspended pursuant to this Code section for a violation of Article 2 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver's license has not been previously reinstated. The provisions of this subparagraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 , or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section 40-5-76 .

(B) Effective July 1, 2017, the department shall be authorized to reinstate, instanter, a driver's license that was suspended pursuant to this Code section for a violation of Article 1 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver's license has not been previously reinstated. The provisions of this subparagraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 , or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section 40-5-76 .

(B) Effective July 1, 2017, the department shall be authorized to reinstate, instanter, a driver's license that was suspended pursuant to this Code section for a violation of Article 1 of Chapter 13 of Title 16, or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, provided that the driver's license has not been previously reinstated. The provisions of this subparagraph shall not apply to a suspension imposed pursuant to this Code section for a violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 , or the equivalent law of any other jurisdiction, that occurred prior to July 1, 2015, unless ordered by a judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division in accordance with subsection (a) of Code Section 40-5-76 .

(2) The department shall make a notation of a suspended driver's license that is reinstated pursuant to paragraph (1) of this subsection on a person's driving record, and such information shall be made available in accordance with Code Section 40-5-2 .

(2) The department shall make a notation of a suspended driver's license that is reinstated pursuant to paragraph (1) of this subsection on a person's driving record, and such information shall be made available in accordance with Code Section 40-5-2 .

(3) The driver's license or driving privileges of any person who has a driver's license reinstated in accordance with paragraph (1) of this subsection shall remain subject to any and all applicable disqualifications specified in Article 7 of this chapter.

(3) The driver's license or driving privileges of any person who has a driver's license reinstated in accordance with paragraph (1) of this subsection shall remain subject to any and all applicable disqualifications specified in Article 7 of this chapter.

(4) The department may promulgate rules and regulations as are necessary to implement this subsection.

(4) The department may promulgate rules and regulations as are necessary to implement this subsection.
O.C.G.A. § 40-5-2 — GA Code / Title 40 / Chapter 5 / Section 40-5-2
Georgia Code Title 40. Motor Vehicles and Traffic § 40-5-2
Status: in_force

(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 abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-20, subsection (a) of Code Section 40-5-54 , Code Section 40-6-10 , driving on a suspended license in violation of Code Section 40-5-121 , administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2 , Code Section 40-5-75 , Chapter 9 of this title, the “Motor Vehicle Safety Responsibility Act,” and Chapter 34 of Title 33, the “Georgia Motor Vehicle Accident Reparations Act,” any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee or individual showing the convictions of such licensee or individual and the traffic accidents in which such licensee or individual has been involved shall be readily ascertainable and available for the consideration of the department upon any application for, or application for renewal of, license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest.

(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;

(1) A record of every application for a license received by it and suitable indexes containing:

(A) All applications granted; and

(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;

(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

(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 abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-20, subsection (a) of Code Section 40-5-54 , Code Section 40-6-10 , driving on a suspended license in violation of Code Section 40-5-121 , administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2 , Code Section 40-5-75 , Chapter 9 of this title, the “Motor Vehicle Safety Responsibility Act,” and Chapter 34 of Title 33, the “Georgia Motor Vehicle Accident Reparations Act,” any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee or individual showing the convictions of such licensee or individual and the traffic accidents in which such licensee or individual has been involved shall be readily ascertainable and available for the consideration of the department upon any application for, or application for renewal of, license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest.

(3) Records of all abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-20, subsection (a) of Code Section 40-5-54 , Code Section 40-6-10 , driving on a suspended license in violation of Code Section 40-5-121 , administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2 , Code Section 40-5-75 , Chapter 9 of this title, the “Motor Vehicle Safety Responsibility Act,” and Chapter 34 of Title 33, the “Georgia Motor Vehicle Accident Reparations Act,” any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee or individual showing the convictions of such licensee or individual and the traffic accidents in which such licensee or individual has been involved shall be readily ascertainable and available for the consideration of the department upon any application for, or application for renewal of, license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest.

(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 (5) of subsection (a) of Code Section 50-18-72 . The department shall not make records or personal information available on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721 .

(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 (5) of subsection (a) of Code Section 50-18-72 . The department shall not make records or personal information available on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721 .

(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; such instructions and consent shall be signed by the driver but shall not be required to be notarized; (B)(i) Pursuant to a written request or a request made in accordance with a contract with the Georgia Technology Authority for immediate online electronic furnishing of information, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1 , personal information furnished under this division shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a request for a driver's operating record shall identify himself or herself and shall have certified or affirmed that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify or affirm that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; or (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 online electronic furnishing of limited rating information to such insurer's agents. Limited rating information furnished under this division shall include only the number of violations of Code Section 40-6-391 , relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers within the immediately preceding three or five years, which period shall be specified by the person making the request. The provisions of division (i) of this subparagraph notwithstanding, no other information concerning a driver's operating record shall be released to such agents for purposes of rating; (B.1) The department shall implement a pilot program for 12 months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. Unless the Office of Planning and Budget determines that the pilot program is not successful, the department shall continue the program on a year-to-year basis and furnish limited rating information to insurance support organizations for the same purposes as provided in division (ii) of subparagraph (B) of this paragraph, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of this subsection have been met; (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; (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.

(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; such instructions and consent shall be signed by the driver but shall not be required to be notarized; (B)(i) Pursuant to a written request or a request made in accordance with a contract with the Georgia Technology Authority for immediate online electronic furnishing of information, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1 , personal information furnished under this division shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a request for a driver's operating record shall identify himself or herself and shall have certified or affirmed that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify or affirm that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; or (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 online electronic furnishing of limited rating information to such insurer's agents. Limited rating information furnished under this division shall include only the number of violations of Code Section 40-6-391 , relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers within the immediately preceding three or five years, which period shall be specified by the person making the request. The provisions of division (i) of this subparagraph notwithstanding, no other information concerning a driver's operating record shall be released to such agents for purposes of rating; (B.1) The department shall implement a pilot program for 12 months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. Unless the Office of Planning and Budget determines that the pilot program is not successful, the department shall continue the program on a year-to-year basis and furnish limited rating information to insurance support organizations for the same purposes as provided in division (ii) of subparagraph (B) of this paragraph, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of this subsection have been met; (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; (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.

(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; such instructions and consent shall be signed by the driver but shall not be required to be notarized;

(A) With the written instructions and consent of the driver upon whom the operating record has been made and compiled; such instructions and consent shall be signed by the driver but shall not be required to be notarized;

(B)(i) Pursuant to a written request or a request made in accordance with a contract with the Georgia Technology Authority for immediate online electronic furnishing of information, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1 , personal information furnished under this division shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a request for a driver's operating record shall identify himself or herself and shall have certified or affirmed that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify or affirm that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; or (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 online electronic furnishing of limited rating information to such insurer's agents. Limited rating information furnished under this division shall include only the number of violations of Code Section 40-6-391 , relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers within the immediately preceding three or five years, which period shall be specified by the person making the request. The provisions of division (i) of this subparagraph notwithstanding, no other information concerning a driver's operating record shall be released to such agents for purposes of rating;

(B)(i) Pursuant to a written request or a request made in accordance with a contract with the Georgia Technology Authority for immediate online electronic furnishing of information, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1 , personal information furnished under this division shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a request for a driver's operating record shall identify himself or herself and shall have certified or affirmed that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify or affirm that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; or

(B)(i) Pursuant to a written request or a request made in accordance with a contract with the Georgia Technology Authority for immediate online electronic furnishing of information, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1 , personal information furnished under this division shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a request for a driver's operating record shall identify himself or herself and shall have certified or affirmed that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify or affirm that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; or

(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 online electronic furnishing of limited rating information to such insurer's agents. Limited rating information furnished under this division shall include only the number of violations of Code Section 40-6-391 , relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers within the immediately preceding three or five years, which period shall be specified by the person making the request. The provisions of division (i) of this subparagraph notwithstanding, no other information concerning a driver's operating record shall be released to such agents for purposes of rating;

(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 online electronic furnishing of limited rating information to such insurer's agents. Limited rating information furnished under this division shall include only the number of violations of Code Section 40-6-391 , relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers within the immediately preceding three or five years, which period shall be specified by the person making the request. The provisions of division (i) of this subparagraph notwithstanding, no other information concerning a driver's operating record shall be released to such agents for purposes of rating;

(B.1) The department shall implement a pilot program for 12 months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. Unless the Office of Planning and Budget determines that the pilot program is not successful, the department shall continue the program on a year-to-year basis and furnish limited rating information to insurance support organizations for the same purposes as provided in division (ii) of subparagraph (B) of this paragraph, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of this subsection have been met;

(B.1) The department shall implement a pilot program for 12 months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. Unless the Office of Planning and Budget determines that the pilot program is not successful, the department shall continue the program on a year-to-year basis and furnish limited rating information to insurance support organizations for the same purposes as provided in division (ii) of subparagraph (B) of this paragraph, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of this subsection have been met;

(C) In accordance with Article 7 of this chapter, the “Georgia Uniform Commercial Driver's License Act”;

(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;

(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;

(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;

(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

(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.

(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

(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;

(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.

(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) or as provided in subsection (f) of this Code section. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. (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.

(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) or as provided in subsection (f) of this Code section. The custodians may certify copies or compilations, including extracts thereof, of the records of the department.

(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) or as provided in subsection (f) of this Code section. The custodians may certify copies or compilations, including extracts thereof, of the records of the department.

(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.

(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.

(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 Services, compilations of the names, dates of birth, and most current addresses of licensees or applicants for licenses. Any information provided pursuant to this subsection shall only be used by the Department of Human Services in connection with the recovery of delinquent child support payments under Article 1 of Chapter 11 of Title 19, known as the “Child Support Recovery Act”; (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 and to the Georgia Bureau of Investigation for the purpose of providing a local fire or law enforcement department with the abstract through the Criminal Justice Information System. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department; (5) The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and subsection (e) of Code Section 40-5-100 and for the purposes set forth in such Code sections; (6)(A) The information required to be made available regarding voter registration pursuant to Code Sections 21-2-221 and 21-2-221.2 and for the purposes set forth in such Code sections; and (B) Information sufficient for use in verifying a registered voter's identity or the identity of an applicant for voter registration by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature; (7) The data required to be made available to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts pursuant to Code Section 15-12-40.1 . Such data shall be provided to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts upon request in the electronic format required by the council for such purposes and without any charge for such data; (8) To the Department of Revenue, information sufficient for use in the detection and prevention of fraudulent tax returns, including name, address, date of birth, gender, driver identification number, photograph, and signature. Such information may be provided in electronic format by means of bulk transfer. Any information provided pursuant to this paragraph shall only be used by the Department of Revenue in connection with the detection and prevention of fraudulent tax returns; and (9) To the Department of Natural Resources, information sufficient for use in the detection and prevention of fraud in applications for licenses, permits, and registrations issued by it and to confirm residency of an applicant, including name, address, date of birth, gender, driver identification number or identification number, status of driver's license, date of driver's license issuance and driver's license cancellation, type of driver's license or identification card issued, and any other information required by the Department of Natural Resources to detect and prevent fraud in applications for licenses, permits, and registrations issued by it. Any information provided pursuant to this paragraph shall only be used by the Department of Natural Resources in connection with the detection and prevention of fraud in applications for licenses, permits, and registrations issued by it, to confirm residency of an applicant, and in fulfilment of its obligations under Article 1 of Chapter 11 of Title 19, known as the “Child Support Recovery Act.” Such information may be provided in electronic format by means of bulk transfer or by electronic connection.

(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;

(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;

(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 Services, compilations of the names, dates of birth, and most current addresses of licensees or applicants for licenses. Any information provided pursuant to this subsection shall only be used by the Department of Human Services in connection with the recovery of delinquent child support payments under Article 1 of Chapter 11 of Title 19, known as the “Child Support Recovery Act”;

(3) To the Department of Human Services, compilations of the names, dates of birth, and most current addresses of licensees or applicants for licenses. Any information provided pursuant to this subsection shall only be used by the Department of Human Services in connection with the recovery of delinquent child support payments under Article 1 of Chapter 11 of Title 19, known as the “Child Support Recovery Act”;

(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 and to the Georgia Bureau of Investigation for the purpose of providing a local fire or law enforcement department with the abstract through the Criminal Justice Information System. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department;

(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 and to the Georgia Bureau of Investigation for the purpose of providing a local fire or law enforcement department with the abstract through the Criminal Justice Information System. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department;

(5) The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and subsection (e) of Code Section 40-5-100 and for the purposes set forth in such Code sections;

(5) The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and subsection (e) of Code Section 40-5-100 and for the purposes set forth in such Code sections;

(6)(A) The information required to be made available regarding voter registration pursuant to Code Sections 21-2-221 and 21-2-221.2 and for the purposes set forth in such Code sections; and (B) Information sufficient for use in verifying a registered voter's identity or the identity of an applicant for voter registration by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature;

(6)(A) The information required to be made available regarding voter registration pursuant to Code Sections 21-2-221 and 21-2-221.2 and for the purposes set forth in such Code sections; and

(6)(A) The information required to be made available regarding voter registration pursuant to Code Sections 21-2-221 and 21-2-221.2 and for the purposes set forth in such Code sections; and

(B) Information sufficient for use in verifying a registered voter's identity or the identity of an applicant for voter registration by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature;

(B) Information sufficient for use in verifying a registered voter's identity or the identity of an applicant for voter registration by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature;

(7) The data required to be made available to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts pursuant to Code Section 15-12-40.1 . Such data shall be provided to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts upon request in the electronic format required by the council for such purposes and without any charge for such data;

(7) The data required to be made available to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts pursuant to Code Section 15-12-40.1 . Such data shall be provided to The Council of Superior Court Clerks of Georgia and the Administrative Office of the Courts upon request in the electronic format required by the council for such purposes and without any charge for such data;

(8) To the Department of Revenue, information sufficient for use in the detection and prevention of fraudulent tax returns, including name, address, date of birth, gender, driver identification number, photograph, and signature. Such information may be provided in electronic format by means of bulk transfer. Any information provided pursuant to this paragraph shall only be used by the Department of Revenue in connection with the detection and prevention of fraudulent tax returns; and

(8) To the Department of Revenue, information sufficient for use in the detection and prevention of fraudulent tax returns, including name, address, date of birth, gender, driver identification number, photograph, and signature. Such information may be provided in electronic format by means of bulk transfer. Any information provided pursuant to this paragraph shall only be used by the Department of Revenue in connection with the detection and prevention of fraudulent tax returns; and

(9) To the Department of Natural Resources, information sufficient for use in the detection and prevention of fraud in applications for licenses, permits, and registrations issued by it and to confirm residency of an applicant, including name, address, date of birth, gender, driver identification number or identification number, status of driver's license, date of driver's license issuance and driver's license cancellation, type of driver's license or identification card issued, and any other information required by the Department of Natural Resources to detect and prevent fraud in applications for licenses, permits, and registrations issued by it. Any information provided pursuant to this paragraph shall only be used by the Department of Natural Resources in connection with the detection and prevention of fraud in applications for licenses, permits, and registrations issued by it, to confirm residency of an applicant, and in fulfilment of its obligations under Article 1 of Chapter 11 of Title 19, known as the “Child Support Recovery Act.” Such information may be provided in electronic format by means of bulk transfer or by electronic connection.

(9) To the Department of Natural Resources, information sufficient for use in the detection and prevention of fraud in applications for licenses, permits, and registrations issued by it and to confirm residency of an applicant, including name, address, date of birth, gender, driver identification number or identification number, status of driver's license, date of driver's license issuance and driver's license cancellation, type of driver's license or identification card issued, and any other information required by the Department of Natural Resources to detect and prevent fraud in applications for licenses, permits, and registrations issued by it. Any information provided pursuant to this paragraph shall only be used by the Department of Natural Resources in connection with the detection and prevention of fraud in applications for licenses, permits, and registrations issued by it, to confirm residency of an applicant, and in fulfilment of its obligations under Article 1 of Chapter 11 of Title 19, known as the “Child Support Recovery Act.” Such information may be provided in electronic format by means of bulk transfer or by electronic connection.

(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 .

(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.

(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.

(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, including the promulgation of regulations limiting the retention of conviction and withdrawal information on a driving record. Notwithstanding the foregoing, any regulation relating to the retention of conviction and withdrawal information on a driving record shall apply the same retention schedule to both commercial and noncommercial drivers. In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4 , reasonable fees shall be assessed for furnishing information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00.

(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section, including the promulgation of regulations limiting the retention of conviction and withdrawal information on a driving record. Notwithstanding the foregoing, any regulation relating to the retention of conviction and withdrawal information on a driving record shall apply the same retention schedule to both commercial and noncommercial drivers. In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4 , reasonable fees shall be assessed for furnishing information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00.

(k)(1) 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. (2) Not later than July 31, 2006, the department shall destroy all records of fingerprints obtained on and after April 15, 1996, and prior to July 1, 2006, from applicants for drivers' licenses, identification cards, and identification cards for persons with disabilities issued by the department and shall compile and make available for public inspection a list of all persons or entities to whom the department provided such fingerprint records. Notwithstanding the provisions of this paragraph, fingerprint images electronically stored on existing drivers' licenses will be destroyed upon application for a renewal of the driver's license.

(k)(1) 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.

(k)(1) 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.

(2) Not later than July 31, 2006, the department shall destroy all records of fingerprints obtained on and after April 15, 1996, and prior to July 1, 2006, from applicants for drivers' licenses, identification cards, and identification cards for persons with disabilities issued by the department and shall compile and make available for public inspection a list of all persons or entities to whom the department provided such fingerprint records. Notwithstanding the provisions of this paragraph, fingerprint images electronically stored on existing drivers' licenses will be destroyed upon application for a renewal of the driver's license.

(2) Not later than July 31, 2006, the department shall destroy all records of fingerprints obtained on and after April 15, 1996, and prior to July 1, 2006, from applicants for drivers' licenses, identification cards, and identification cards for persons with disabilities issued by the department and shall compile and make available for public inspection a list of all persons or entities to whom the department provided such fingerprint records. Notwithstanding the provisions of this paragraph, fingerprint images electronically stored on existing drivers' licenses will be destroyed upon application for a renewal of the driver's license.

(l) In any case in which the release or transmittal of one or more driver's records is authorized under this Code section or any other provision of law, the commissioner may determine the method of release or transmittal of the record or records, including without limitation release or transmittal by mail or by means of the Internet or other electronic means.

(l) In any case in which the release or transmittal of one or more driver's records is authorized under this Code section or any other provision of law, the commissioner may determine the method of release or transmittal of the record or records, including without limitation release or transmittal by mail or by means of the Internet or other electronic means.
O.C.G.A. § 40-3-40 — GA Code / Title 40 / Chapter 3 / Section 40-3-40
Georgia Code Title 40. Motor Vehicles and Traffic § 40-3-40
Status: in_force

(a) All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the department is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money collected to which the department is entitled must be submitted to the commissioner within seven calendar days from the close of the business day during which such applications were handled and related sums of money collected.

(a) All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the department is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money collected to which the department is entitled must be submitted to the commissioner within seven calendar days from the close of the business day during which such applications were handled and related sums of money collected.

(b) Funds received as a result of handling title applications shall be considered trust funds in the hands of the tag agents until such time as they are paid over to the commissioner.

(b) Funds received as a result of handling title applications shall be considered trust funds in the hands of the tag agents until such time as they are paid over to the commissioner.

(c) Failure to submit the reports or remit the funds within the seven-calendar-day period from the close of the business day as required by this Code section shall result in the penalties imposed by Code Section 48-2-44 .

(c) Failure to submit the reports or remit the funds within the seven-calendar-day period from the close of the business day as required by this Code section shall result in the penalties imposed by Code Section 48-2-44 .

(d) Before the expiration of the time period within which a title report is required to be filed with the commissioner or funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner is authorized, upon a showing of justifiable cause, to grant up to a ten-day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business day.

(d) Before the expiration of the time period within which a title report is required to be filed with the commissioner or funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner is authorized, upon a showing of justifiable cause, to grant up to a ten-day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business day.

(e) Proof of mailing within the appropriate time period provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with his duties as enumerated by this Code section.

(e) Proof of mailing within the appropriate time period provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with his duties as enumerated by this Code section.
O.C.G.A. § 40-2-164 — GA Code / Title 40 / Chapter 2 / Section 40-2-164
Georgia Code Title 40. Motor Vehicles and Traffic § 40-2-164
Status: in_force

The allowable maximum weight (license class) for which a truck or tractor is registered may be decreased only once a year, at the beginning of a new license year. Trucks classified in divisions (a)(3)(A)(i), (a)(3)(A)(ii), (a)(3)(A)(iii), (a)(10)(A)(i), (a)(10)(A)(ii), and (a)(10)(A)(iii) of Code Section 40-2-151 shall not be entitled to any partial year license.
O.C.G.A. § 40-5-20 — GA Code / Title 40 / Chapter 5 / Section 40-5-20
Georgia Code Title 40. Motor Vehicles and Traffic § 40-5-20
Status: in_force

(a) No person, except those expressly exempted in this chapter or in Chapter 6 of this title, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating a motor vehicle in this state. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license. This Code section shall not apply to a person driving with a suspended license or license that has been revoked. Any person convicted of violating this Code section shall be punished as provided in subsection (a) of Code Section 40-5-121 ; provided, however, that if: (1) Such person is driving with a driver's license issued by this state that has been expired for less than 31 days at the time of the offense and he or she produces in court a driver's license that would have been valid at the time of the offense, he or she shall not be guilty of such offense; and (2) Such person is driving without a valid driver's license or receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement in his or her possession but he or she has a valid driver's license, Code Section 40-5-29 shall apply to such offense.

(a) No person, except those expressly exempted in this chapter or in Chapter 6 of this title, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating a motor vehicle in this state. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license. This Code section shall not apply to a person driving with a suspended license or license that has been revoked. Any person convicted of violating this Code section shall be punished as provided in subsection (a) of Code Section 40-5-121 ; provided, however, that if:

(1) Such person is driving with a driver's license issued by this state that has been expired for less than 31 days at the time of the offense and he or she produces in court a driver's license that would have been valid at the time of the offense, he or she shall not be guilty of such offense; and

(1) Such person is driving with a driver's license issued by this state that has been expired for less than 31 days at the time of the offense and he or she produces in court a driver's license that would have been valid at the time of the offense, he or she shall not be guilty of such offense; and

(2) Such person is driving without a valid driver's license or receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement in his or her possession but he or she has a valid driver's license, Code Section 40-5-29 shall apply to such offense.

(2) Such person is driving without a valid driver's license or receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement in his or her possession but he or she has a valid driver's license, Code Section 40-5-29 shall apply to such offense.

(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.

(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)(1)(A) Any person who applies for a driver's license, instruction permit, or limited driving permit shall indicate on such application whether he or she is in possession of any other valid driver's license or permit issued pursuant to this title or from any other jurisdiction. (B) Except as provided in paragraph (2) of this subsection, no person shall receive a driver's license unless and until such person surrenders to the department all valid licenses or permits in such person's possession issued to him or her pursuant to this title or by any other jurisdiction. The department shall physically mark any surrendered license or permit in a manner which makes it apparent that such license or permit is no longer valid and return the license or permit to such person. (C) The department shall issue a receipt to a person eligible to be issued a driver's license, instruction permit, or limited driving permit pursuant to the requirements of this title. Such receipt shall satisfy the requirements of subsection (a) of Code Section 40-5-29 regarding proof of eligibility to operate a motor vehicle until the person has received his or her permanent driver's license, instruction permit, or limited driving permit. (D) If a surrendered driver's license was issued by another jurisdiction, the department shall forward the surrendered license information to the previous jurisdiction. (E) Except as provided for in paragraph (2) of this subsection, no person shall be permitted to have more than one valid driver's license at any time. (2) Any noncitizen who is eligible for issuance of a driver's license, instruction permit, or limited driving permit pursuant to the requirements of this title and is in possession of a valid driver's license or permit issued by a foreign jurisdiction may be issued a driver's license, instruction permit, or limited driving permit without surrendering the foreign driver's license or permit. This exemption shall not apply to a person who is required to terminate any previously issued driver's license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center.

(c)(1)(A) Any person who applies for a driver's license, instruction permit, or limited driving permit shall indicate on such application whether he or she is in possession of any other valid driver's license or permit issued pursuant to this title or from any other jurisdiction. (B) Except as provided in paragraph (2) of this subsection, no person shall receive a driver's license unless and until such person surrenders to the department all valid licenses or permits in such person's possession issued to him or her pursuant to this title or by any other jurisdiction. The department shall physically mark any surrendered license or permit in a manner which makes it apparent that such license or permit is no longer valid and return the license or permit to such person. (C) The department shall issue a receipt to a person eligible to be issued a driver's license, instruction permit, or limited driving permit pursuant to the requirements of this title. Such receipt shall satisfy the requirements of subsection (a) of Code Section 40-5-29 regarding proof of eligibility to operate a motor vehicle until the person has received his or her permanent driver's license, instruction permit, or limited driving permit. (D) If a surrendered driver's license was issued by another jurisdiction, the department shall forward the surrendered license information to the previous jurisdiction. (E) Except as provided for in paragraph (2) of this subsection, no person shall be permitted to have more than one valid driver's license at any time.

(c)(1)(A) Any person who applies for a driver's license, instruction permit, or limited driving permit shall indicate on such application whether he or she is in possession of any other valid driver's license or permit issued pursuant to this title or from any other jurisdiction.

(c)(1)(A) Any person who applies for a driver's license, instruction permit, or limited driving permit shall indicate on such application whether he or she is in possession of any other valid driver's license or permit issued pursuant to this title or from any other jurisdiction.

(B) Except as provided in paragraph (2) of this subsection, no person shall receive a driver's license unless and until such person surrenders to the department all valid licenses or permits in such person's possession issued to him or her pursuant to this title or by any other jurisdiction. The department shall physically mark any surrendered license or permit in a manner which makes it apparent that such license or permit is no longer valid and return the license or permit to such person.

(B) Except as provided in paragraph (2) of this subsection, no person shall receive a driver's license unless and until such person surrenders to the department all valid licenses or permits in such person's possession issued to him or her pursuant to this title or by any other jurisdiction. The department shall physically mark any surrendered license or permit in a manner which makes it apparent that such license or permit is no longer valid and return the license or permit to such person.

(C) The department shall issue a receipt to a person eligible to be issued a driver's license, instruction permit, or limited driving permit pursuant to the requirements of this title. Such receipt shall satisfy the requirements of subsection (a) of Code Section 40-5-29 regarding proof of eligibility to operate a motor vehicle until the person has received his or her permanent driver's license, instruction permit, or limited driving permit.

(C) The department shall issue a receipt to a person eligible to be issued a driver's license, instruction permit, or limited driving permit pursuant to the requirements of this title. Such receipt shall satisfy the requirements of subsection (a) of Code Section 40-5-29 regarding proof of eligibility to operate a motor vehicle until the person has received his or her permanent driver's license, instruction permit, or limited driving permit.

(D) If a surrendered driver's license was issued by another jurisdiction, the department shall forward the surrendered license information to the previous jurisdiction.

(D) If a surrendered driver's license was issued by another jurisdiction, the department shall forward the surrendered license information to the previous jurisdiction.

(E) Except as provided for in paragraph (2) of this subsection, no person shall be permitted to have more than one valid driver's license at any time.

(E) Except as provided for in paragraph (2) of this subsection, no person shall be permitted to have more than one valid driver's license at any time.

(2) Any noncitizen who is eligible for issuance of a driver's license, instruction permit, or limited driving permit pursuant to the requirements of this title and is in possession of a valid driver's license or permit issued by a foreign jurisdiction may be issued a driver's license, instruction permit, or limited driving permit without surrendering the foreign driver's license or permit. This exemption shall not apply to a person who is required to terminate any previously issued driver's license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center.

(2) Any noncitizen who is eligible for issuance of a driver's license, instruction permit, or limited driving permit pursuant to the requirements of this title and is in possession of a valid driver's license or permit issued by a foreign jurisdiction may be issued a driver's license, instruction permit, or limited driving permit without surrendering the foreign driver's license or permit. This exemption shall not apply to a person who is required to terminate any previously issued driver's license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center.

(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.

(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.
O.C.G.A. § 40-5-58 — GA Code / Title 40 / Chapter 5 / Section 40-5-58
Georgia Code Title 40. Motor Vehicles and Traffic § 40-5-58
Status: reserved

(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 40-6-390.1 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395 ; or (2) Singularly or in combination, any of the offenses described in paragraph (1) of this subsection.

(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 40-6-390.1 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395 ; or

(1) Committing any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395 ; or

(2) Singularly or in combination, any of the offenses described in paragraph (1) of this subsection.

(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 is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that his or her driver's license has been revoked by operation of law and that it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail or statutory overnight delivery, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person.

(b) When the records of the department disclose that any person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that his or her driver's license has been revoked by operation of law and that it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail or statutory overnight delivery, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person.

(c)(1) Except as provided in paragraph (2) of this subsection or in subsection (d) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his or her driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the department has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the department has issued such person a driver's license shall be guilty of a misdemeanor. (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 (d) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.

(c)(1) Except as provided in paragraph (2) of this subsection or in subsection (d) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his or her driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the department has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the department has issued such person a driver's license shall be guilty of a misdemeanor.

(c)(1) Except as provided in paragraph (2) of this subsection or in subsection (d) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his or her driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the department has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the department has issued such person a driver's license shall be guilty of a misdemeanor.

(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 (d) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.

(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 (d) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.

(d)(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 or her driver's license revoked under subsection (b) of this Code section for a period of five years and two years have expired since the date on which such person's license was surrendered or an affidavit was accepted as provided in subsection (e) of Code Section 40-5-61 may be issued a probationary driver's license for a period of time not to exceed three years upon compliance with the following conditions: (A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter, Chapter 6 of this title, or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license; (B) Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter or Chapter 6 of this title which resulted in the death or injury of any individual; (C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department; (D) Reserved; (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 when a person has been declared a habitual violator based upon a violation of a state law or local ordinance involving Code Section 40-6-391 . It shall be a misdemeanor to falsely swear on such affidavit and, upon conviction, the probationary license shall be revoked. No probationary license shall be issued during the remainder of the revocation period, and no driver's license shall be issued for the remainder of the original revocation period or for a period of two years from the date of conviction under this subparagraph; (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 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; (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 or her 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 , 40-6-390.1 , or 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. (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 , 40-6-390.1 , or 40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on such license, shall have his or her license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54 , 40-6-390.1 , or 40-6-391 shall not be eligible to apply for a regular driver's license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater. (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 or her 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.

(d)(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 or her driver's license revoked under subsection (b) of this Code section for a period of five years and two years have expired since the date on which such person's license was surrendered or an affidavit was accepted as provided in subsection (e) of Code Section 40-5-61 may be issued a probationary driver's license for a period of time not to exceed three years upon compliance with the following conditions: (A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter, Chapter 6 of this title, or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license; (B) Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter or Chapter 6 of this title which resulted in the death or injury of any individual; (C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department; (D) Reserved; (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 when a person has been declared a habitual violator based upon a violation of a state law or local ordinance involving Code Section 40-6-391 . It shall be a misdemeanor to falsely swear on such affidavit and, upon conviction, the probationary license shall be revoked. No probationary license shall be issued during the remainder of the revocation period, and no driver's license shall be issued for the remainder of the original revocation period or for a period of two years from the date of conviction under this subparagraph; (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 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; (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 or her driver's license or by the commissioner.

(d)(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 or her driver's license revoked under subsection (b) of this Code section for a period of five years and two years have expired since the date on which such person's license was surrendered or an affidavit was accepted as provided in subsection (e) of Code Section 40-5-61 may be issued a probationary driver's license for a period of time not to exceed three years upon compliance with the following conditions:

(A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter, Chapter 6 of this title, or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license;

(A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter, Chapter 6 of this title, or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license;

(B) Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter or Chapter 6 of this title which resulted in the death or injury of any individual;

(B) Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter or Chapter 6 of this title which resulted in the death or injury of any individual;

(C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department;

(C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department;

(D) Reserved;

(D) Reserved;

(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 when a person has been declared a habitual violator based upon a violation of a state law or local ordinance involving Code Section 40-6-391 . It shall be a misdemeanor to falsely swear on such affidavit and, upon conviction, the probationary license shall be revoked. No probationary license shall be issued during the remainder of the revocation period, and no driver's license shall be issued for the remainder of the original revocation period or for a period of two years from the date of conviction under this subparagraph;

(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 when a person has been declared a habitual violator based upon a violation of a state law or local ordinance involving Code Section 40-6-391 . It shall be a misdemeanor to falsely swear on such affidavit and, upon conviction, the probationary license shall be revoked. No probationary license shall be issued during the remainder of the revocation period, and no driver's license shall be issued for the remainder of the original revocation period or for a period of two years from the date of conviction under this subparagraph;

(F) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and

(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 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; (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 or her driver's license or by the commissioner.

(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 or her place of employment or performing the normal duties of his or her occupation;

(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;

(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;

(iii) Attending a college or school at which he or she 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

(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 or her driver's license or by the commissioner.

(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 or her 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.

(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.

(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.

(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;

(A) Specific places between which the licensee may be allowed to operate a motor vehicle;

(B) Routes to be followed by the licensee;

(B) Routes to be followed by the licensee;

(C) Times of travel;

(C) Times of travel;

(D) The specific vehicles which the licensee may operate; and

(D) The specific vehicles which the licensee may operate; and

(E) Such other restrictions as the department may require.

(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.

(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 , 40-6-390.1 , or 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. (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 , 40-6-390.1 , or 40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on such license, shall have his or her license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54 , 40-6-390.1 , or 40-6-391 shall not be eligible to apply for a regular driver's license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater. (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 or her 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.

(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 , 40-6-390.1 , or 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. (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.

(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.

(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 , 40-6-390.1 , or 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.

(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 , 40-6-390.1 , or 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.

(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.

(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 , 40-6-390.1 , or 40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on such license, shall have his or her license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54 , 40-6-390.1 , or 40-6-391 shall not be eligible to apply for a regular driver's license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater.

(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 , 40-6-390.1 , or 40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on such license, shall have his or her license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54 , 40-6-390.1 , or 40-6-391 shall not be eligible to apply for a regular driver's license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater.

(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 or her discretion, after affording the person notice and an opportunity to be heard, may refuse to issue the license under this subsection.

(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 or her 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.

(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.

(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.

(e) If a person's license was revoked for a violation of Code Section 40-6-391 resulting from a motor vehicle collision in which any person lost his or her life, the person whose license was revoked shall not be entitled to a probationary license as set forth in this Code section.

(e) If a person's license was revoked for a violation of Code Section 40-6-391 resulting from a motor vehicle collision in which any person lost his or her life, the person whose license was revoked shall not be entitled to a probationary license as set forth in this Code section.
O.C.G.A. § 40-5-85 — GA Code / Title 40 / Chapter 5 / Section 40-5-85
Georgia Code Title 40. Motor Vehicles and Traffic § 40-5-85
Status: in_force

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.
O.C.G.A. § 40-3-27 — GA Code / Title 40 / Chapter 3 / Section 40-3-27
Georgia Code Title 40. Motor Vehicles and Traffic § 40-3-27
Status: in_force

(a) Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of title desires to have that transaction reflected on the certificate of title, such security interest holder or lienholder may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction such security interest holder or lienholder desires to be reflected on the certificate of title. The notice, a fee as provided by Code Section 40-3-38 , and the title application shall be mailed by certified mail or statutory overnight delivery, return receipt requested, by the person desiring the change to the first security interest holder or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such security interest holder or lienholder within ten days to forward the notice, the fee, the title application, and the certificate of title to the commissioner or the commissioner's duly authorized county tag agent. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or the authorized county tag agent, upon receipt of such a notice and title application, together with the fee and certificate of title, shall enter the transaction shown on the notice on such commissioner's or authorized county tag agent's records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. The person desiring the change shall retain the return certified mail or statutory overnight delivery receipt as proof of such person's compliance with this Code section.

(a) Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of title desires to have that transaction reflected on the certificate of title, such security interest holder or lienholder may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction such security interest holder or lienholder desires to be reflected on the certificate of title. The notice, a fee as provided by Code Section 40-3-38 , and the title application shall be mailed by certified mail or statutory overnight delivery, return receipt requested, by the person desiring the change to the first security interest holder or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such security interest holder or lienholder within ten days to forward the notice, the fee, the title application, and the certificate of title to the commissioner or the commissioner's duly authorized county tag agent. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or the authorized county tag agent, upon receipt of such a notice and title application, together with the fee and certificate of title, shall enter the transaction shown on the notice on such commissioner's or authorized county tag agent's records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. The person desiring the change shall retain the return certified mail or statutory overnight delivery receipt as proof of such person's compliance with this Code section.

(b) In the event the first security interest holder or lienholder holding the certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioner's duly authorized county tag agent, as required by this Code section, the person desiring the change may, on a form prescribed by the commissioner, make direct application to the commissioner or the authorized county tag agent. Such direct application to the commissioner or the authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or the authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the subsequent transaction entered thereon or a new certificate of title issued. If, after a direct application to the commissioner or the authorized county tag agent and the order of the commissioner or authorized county tag agent, the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the subsequent security interest, and this new certificate of title shall be delivered as provided for in this chapter.

(b) In the event the first security interest holder or lienholder holding the certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioner's duly authorized county tag agent, as required by this Code section, the person desiring the change may, on a form prescribed by the commissioner, make direct application to the commissioner or the authorized county tag agent. Such direct application to the commissioner or the authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or the authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the subsequent transaction entered thereon or a new certificate of title issued. If, after a direct application to the commissioner or the authorized county tag agent and the order of the commissioner or authorized county tag agent, the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the subsequent security interest, and this new certificate of title shall be delivered as provided for in this chapter.

(c) As an alternative to mailing notices of transactions concerning a security interest or lien on the certificate of title to the commissioner or the commissioner's appropriate authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner.

(c) As an alternative to mailing notices of transactions concerning a security interest or lien on the certificate of title to the commissioner or the commissioner's appropriate authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner.

(d) Any first security interest holder or lienholder having possession of a certificate of title shall not have the validity of such first security interest holder's or lienholder's security interest or lien affected by surrendering the certificate of title as provided by this Code section.

(d) Any first security interest holder or lienholder having possession of a certificate of title shall not have the validity of such first security interest holder's or lienholder's security interest or lien affected by surrendering the certificate of title as provided by this Code section.