GA Code § 40-16-2 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 16 - Department of Driver Services|§ 40-16-2. Primary Responsibilities

  There is created the Department of Driver Services. The Department of Driver Services shall be a successor agency to and continuation of the former Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for:   Administration of the laws and regulations relating to drivers' licenses, as provided for in Chapter 5 of this title;   Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of this title;   Administration of laws relating to ignition interlock devices for use by driving under the influence offenders;   Administration of laws relating to driver training schools, driver improvement clinics, DUI Alcohol or Drug Use Risk Reduction Programs, and commercial driving schools;   Administration of laws relating to motorcycle safety programs;   Administration of laws and regulations relating to issuance of limousine chauffeur permits; and   Administration of any other laws specifically providing for their administration by the department.     Responsibility for the following functions formerly exercised by the Department of Motor Vehicle Safety is transferred as follows:   Promulgation of regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32 shall be vested in the Department of Transportation; and administrative enforcement of such regulations and the law enforcement function of apprehending and citing violators of such laws and regulations are transferred to the Department of Public Safety, as well as the function of promulgating regulations relative to its enforcement function;   Enforcement of laws and regulations relating to licensing and fuel tax registration requirements is transferred to the Department of Public Safety;   Administration of laws and regulations relating to certification of motor carriers and limousine carriers is transferred to the Department of Public Safety and administration of laws and regulations relating to carrier registration and registration and titling of vehicles is transferred to the Department of Revenue;   Administration of laws relating to motor vehicle franchise practices is transferred to the Department of Revenue;   Administration of laws relating to handicapped parking permits is transferred to the Department of Revenue;   Responsibility for establishment of safety standards for motor vehicles and motor vehicle components is generally transferred to the Department of Public Safety except as may be specifically otherwise provided by law;   Administration of laws relating to hazardous materials carriers is transferred to the Department of Public Safety;   Enforcement of all state laws on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority is transferred to the Department of Public Safety: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;   Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers is transferred to the Department of Public Safety;   Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes is transferred to the Department of Public Safety;   Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system is transferred to the Department of Public Safety;   Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system is transferred to the Department of Public Safety; and   Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system is transferred to the Department of Public Safety.     In the performance of its duties, the department shall be required to comply with all applicable federal laws and rules and regulations and shall certify that the state is in compliance with all provisions and requirements of all applicable federal-aid acts and programs.     (Code 1981, §40-16-2, enacted by Ga. L. 2000, p. 951, § 1-1; Ga. L. 2000, p. 1199, § 1; Ga. L. 2001, p. 1251, § 2-1; Ga. L. 2003, p. 484, § 14; Ga. L. 2005, p. 334, § 1-1/HB 501; Ga. L. 2012, p. 580, § 11/HB 865.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2005, the second subsection (b) was redesignated as subsection (c).   JUDICIAL DECISIONS   Inspection of commercial vehicles valid and constituted no Fourth Amendment violation.    - Because Georgia's commercial vehicle scheme under O.C.G.A. § 40-16-2(b)(3) and its regulations provided ample notice that such vehicles could be stopped and inspected, and the inspections were limited as to who could perform the inspections and the cargo and documents to be inspected, denying the defendant's motion to suppress the drugs found in the defendant's commercial vehicle was proper under the Fourth Amendment; O.C.G.A. § 40-16- 5(c) expressly exempted any requirement that the rules and regulations be promulgated pursuant to the Georgia Administrative Procedure Act and the rules and regulations were effective. United States v. Ponce-Aldona, 579 F.3d 1218 (11th Cir. 2009), cert. denied, 558 U.S. 1128, 130 S. Ct. 1094, 175 L. Ed. 2d 912 (2010).    Cited in  White v. Ga. Dep't of Motor Vehicle Safety, F. Supp. 2d (N.D. Ga. Jan. 12, 2006).