GA Code § 40-5-25 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 5 - Drivers' Licenses|Article 2 - Issuance, Expiration, and Renewal of Licenses|§ 40-5-25. Applications; Fees; Provisions for Voluntary Participation in Various Programs

 (a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Board of Driver Services, not to exceed: (1) For instruction permits for Classes C, E, F, and M drivers' licenses and for Class D drivers' licenses ...........................$ 10.00 (2) For five-year Classes C, E, F, and M noncommercial drivers' licenses ...............................................................20.00 (2.1) For eight-year Classes C, E, F, and M noncommercial drivers' licenses ...............................................................32.00 (3) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit ...........35.00 (4) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses ............................10.00 (5) For up to five year Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test .......................70.00 (5.1) For eight-year Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test .......................82.00 (6) For up to five year Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test ...................20.00 (6.1) For eight-year Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test ...................32.00 (7) For renewal of up to five year Classes A, B, C, and M commercial drivers' licenses ......................................................20.00 (7.1) For renewal of eight-year Class A, B, C, and M commercial drivers' licenses .....................................................32.00 (7.2) For renewal of up to five year Classes C, E, F, and M noncommercial drivers' licenses ........................................20.00 (7.3) For renewal of eight-year Classes C, E, F, and M noncommercial drivers' licenses ........................................32.00 (8) Initial issuance of Classes A, B, C, and M commercial drivers' licenses and Class P commercial drivers' instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing .......................................................5.00   The commissioner may by rule provide incentive discounts in otherwise applicable fees reflecting cost savings to the department where a license is renewed by means other than personal appearance. The discount for renewal of a Class C or Class M license and any other discounts shall be as determined by the commissioner. Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any driver's license solely due to a change of the licensee's name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within the period for which the license was originally issued. Any application for the replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the licensee's name or address submitted within 150 days of the expiration of said license shall be treated as an application for renewal subject to the applicable license fees as set forth in this subsection. The maximum period for which any driver's license shall be issued is eight years.   (1)Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, E, F, or M driver's license shall pay the applicable license fee prior to attempting the knowledge test for the instruction permit sought when the knowledge test is to be administered by the department. If said person fails to achieve a passing score on the knowledge test, the license fee paid shall be considered a testing fee and retained by the department. Any person failing to achieve a passing score on the knowledge test for an instruction permit shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee.   The department shall waive the license fee for each person applying for a Class P noncommercial instruction permit for a Class C driver's license when the noncommercial knowledge test is to be administered by a driver training school or public or private high school authorized to administer such tests as provided for in subsection (d) of Code Section 40-5-27.   Each person applying for a Class A, B, or C commercial driver's license shall pay the applicable license fee at the time that he or she schedules his or her appointment for said skills test. If said person fails to appear for his or her scheduled skills test appointment or fails to achieve a passing score on the skills test, the license fee paid shall be considered a testing fee and retained by the department. The person shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. All fees retained by the department pursuant to this Code section shall be remitted to the general fund.   Every such application shall state the full legal name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicant's identity, competence, and eligibility. The application shall include any other information as required by paragraph (1) of subsection (a.1) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicant's record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications.   (1)The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia.   The department shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization information provided for in Article 6 of Chapter 5 of Title 44, the "Georgia Revised Uniform Anatomical Gift Act," including the name, license number, date of birth, gender, and most recent address of any person eligible pursuant to Code Section 44-5-142 who obtains an organ donor driver's license; provided, however, that the gender information shall be made available only to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs of providing such information. Information so obtained by such organizations and centers shall be used for a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated.   (1)The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding blindness and to address the need for blindness prevention screenings, treatments, and rehabilitation for the benefit of the citizens of Georgia.   Each application form for issuance, reissuance, or renewal of a driver's license under subsection (a) of this Code section shall include language permitting the applicant to make a voluntary contribution of $1.00 to be used for purposes of preventing blindness and preserving the sight of residents of this state. Any such voluntary contribution shall be made at the discretion of the applicant at the time of application in addition to payment of the license fee required under this Code section.   Voluntary contributions made pursuant to this subsection shall be transmitted to the Department of Public Health for use thereby in providing the blindness education, screening, and treatment program provided by Code Section 31-1-23.   This subsection shall become effective on January 1, 2000.   The General Assembly finds that it is in the best interests of this state to encourage alcohol and drug education to inform young people of the dangers involved in consuming alcohol or certain drugs while operating a motor vehicle. The General Assembly further finds that parental or guardian involvement in an alcohol and drug awareness program will assist in reducing the number of young persons involved in driving under the influence of drugs or alcohol. To promote these purposes, where a parent or guardian successfully participates in the parent-guardian component of the alcohol and drug course required by subsection (a.2) of Code Section 40-5-22 as prescribed in subsection (b) of Code Section 20-2-142, each parent or guardian shall be entitled to a one-time three-year online motor vehicle report.   (Ga. L. 1937, p. 322, art. 4, § 5; Ga. L. 1943, p. 196, § 5; Ga. L. 1947, p. 294, § 1; Ga. L. 1951, p. 157, § 7; Ga. L. 1955, p. 662, § 1; Ga. L. 1955, Ex. Sess., p. 35, § 1; Ga. L. 1961, p. 136, § 2; Ga. L. 1961, p. 433, § 1; Ga. L. 1964, p. 171, § 1; Code 1933, § 68B-206, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1983, p. 819, § 1; Ga. L. 1989, p. 519, § 9; Ga. L. 1990, p. 8, § 40; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 6, § 40; Ga. L. 1992, p. 779, § 18; Ga. L. 1993, p. 615, § 1; Ga. L. 1994, p. 1390, § 1; Ga. L. 1994, p. 1876, § 1; Ga. L. 1996, p. 228, § 1; Ga. L. 1997, p. 760, § 13; Ga. L. 1999, p. 537, § 2; Ga. L. 2000, p. 951, §§ 5-8, 5-9; Ga. L. 2002, p. 1045, § 3; Ga. L. 2003, p. 415, § 9; Ga. L. 2005, p. 334, § 17-6/HB 501; Ga. L. 2006, p. 72, § 40/SB 465; Ga. L. 2008, p. 171, § 3/HB 1111; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2010, p. 9, § 1-79/HB 1055; Ga. L. 2010, p. 932, § 7/HB 396; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2012, p. 72, § 2A/SB 236; Ga. L. 2015, p. 60, §§ 4-9, 4-10/SB 100; Ga. L. 2017, p. 184, § 3/HB 136; Ga. L. 2017, p. 774, § 40/HB 323; Ga. L. 2021, p. 403, § 5/HB 466.)    The 2015 amendments.  The first 2015 amendment, effective July 1, 2015, substituted "this state" for "the state" in paragraph (d)(1); and substituted the present provisions of paragraph (d)(2) for the former provisions, which read "The department shall make available to those federally designated organ procurement organizations the name, license number, date of birth, and most recent address of any person who obtains an organ donor driver's license. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated."; and, in paragraph (e)(1), substituted "best interest of this state" for "best interests of the state" near the beginning, and substituted "screenings, treatments, and rehabilitation" for "screenings and treatments" near the end. See Editor's notes for applicability. The second 2015 amendment, effective January 1, 2016, in subsection (b), inserted "when the knowledge test is to be administered by the department" at the end of the first sentence in paragraph (b)(1), added paragraph (b)(2), and redesignated former paragraph (b)(2) as present paragraph (b)(3).    The 2017 amendments.  The first 2017 amendment, effective July 1, 2017, deleted paragraph (a)(3), which read: "For Classes A, B, C, and M commercial drivers' licenses .... 20.00"; redesignated former paragraphs (a)(4) through (a)(6) as present paragraphs (a)(3) through (a)(5), respectively; added paragraph (a)(5.1); redesignated former paragraph (a)(7) as present paragraph (a)(6); added paragraph (a)(6.1); redesignated former paragraph (a)(8) as present paragraph (a)(7); inserted "up to five year" in paragraphs (a)(5), (a)(6), and (a)(7); added paragraph (a)(7.1); redesignated former paragraph (a)(8.1) as present paragraph (a)(7.2), and, in paragraph (a)(7.2), substituted "up to five year" for "five-year"; and redesignated former paragraphs (a)(8.2) and (a)(9) as present paragraphs (a)(7.3) and (a)(8), respectively. The second 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "instruction permit" for "instructional permit" in the last sentence of paragraph (b)(1).    The 2021 amendment,  effective July 1, 2021, deleted "licensed" following "administered by a" in the middle of paragraph (b)(2); and substituted "subsection (a.2)" for "subsection (a)" in the third sentence of subsection (f).   Cross references.   - Prescribed courses - Development and dissemination of instructional materials on effect of alcohol, § 20-2-142.    Mandatory instruction concerning alcohol and drug use, § 20-2-144.    Blindness education, screening, and treatment program, § 31-1-23.    Replacement of licenses, state identification cards, and other documents during periods of natural disaster, § 50-1-9.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1993, "Notwithstanding any" was substituted for "Notwithstanding, any" in the fourth sentence of the paragraph following the form in subsection (a).   Pursuant to Code Section 28-9-5, in 1994, "driver's license" was substituted for "drivers' license" in the first sentence of paragraph (d)(2).   Editor's notes.   - Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Teen-age and Adult Driver Responsibility Act'."   Ga. L. 1997, p. 760, § 27, not codified by the General Assembly, provides that the amendment made by that Act to this Code section shall apply to offenses committed on or after July 1, 1997, and shall not apply to offenses committed prior to that date.   Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."   Law reviews.   - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997).   JUDICIAL DECISIONS   Reduced licensing fee for organ donors.    - Trial court did not err in denying driver's license applicant's request for a finding that O.C.G.A. § 40-5-25(d), which provided for a reduced fee for Class C driver's license applicants who desired to be organ donors, was unconstitutional as that statute did not violate the driver's license applicant's substantive due process rights because the statute did not implicate a fundamental right or the driver's license applicant's equal protection rights because organ donors were not a suspect class, and, thus, the statute only had to pass the rational basis test, which the statute did. Barnhill v. State, 276 Ga. 155, 575 S.E.2d 460 (2003).   RESEARCH REFERENCES   Am. Jur. 2d.   - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 103.   C.J.S.   - 60 C.J.S., Motor Vehicles, § 344 et seq.   ALR.    - Validity of statute or ordinance relating to granting or revocation of license or permit to operate automobile, 108 A.L.R. 1162; 125 A.L.R. 1459.